E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, JUNE 8, 1999 No. 80 House of Representatives The House met at 9 a.m. and was our tax system more fair and just, I am who dutifully file our returns on April called to order by the Speaker pro tem- introducing the Abusive Tax Shelter 15 and who have to make up for the pore (Mr. GIBBONS). Shutdown Act of 1999. taxes that the big boys dodge. f Forbes Magazine, which proudly pro- My legislation will curtail egregious claims itself ‘‘The Capitalist Tool,’’ re- behavior without impacting legitimate DESIGNATION OF SPEAKER PRO cently reported on, as the cover of the business deals. It will eliminate the TEMPORE magazine says, what are called ‘‘Tax well-justified feeling that these high The SPEAKER pro tempore laid be- Shelter Hustlers: Respectable account- rollers are cheating and gaming the fore the House the following commu- ants are peddling dicey corporate tax system, a feeling which leads to dis- nication from the Speaker: loopholes.’’ Here on the cover, we see trust and disrespect on behalf of our the fellow with the fedora standing in taxpaying public. WASHINGTON, DC, the shadows. Unlike those supermarket June 8, 1999. This bill seeks to shut down abusive I hereby appoint the Honorable JIM GIB- tabloid stories about UFO abductions, tax shelters by prohibiting loss genera- BONS to act as Speaker pro tempore on this with this particular cover, the sub- tors. These are transactions that lack day. stance inside actually lives up to the any legitimate business purpose that J. DENNIS HASTERT, teaser on the cover. It is true that are ginned up just to obtain another Speaker of the House of Representatives. most abusive tax shelters are already tax loss, credit or deduction in order to f against the law. The problem is that dodge taxes. every time we shut down one, more The second thing the bill does is it MORNING HOUR DEBATES spring up. That is not by accident be- says that a company which thinks it The SPEAKER pro tempore. Pursu- cause, as Forbes also reported, some of has a proper shelter will be required to ant to the order of the House of Janu- the Big 5 accounting firms actually provide complete, clear and concise ary 19, 1999, the Chair will now recog- have teams of staffers, and my guess is disclosure, verified by a corporate offi- that most of them dress a little better nize Members from lists submitted by cer. This does not make them forfeit than this fellow does, who are out the majority and minority leaders for their buried pirate treasure but on there and have as their job to come up morning hour debates. The Chair will these complex transactions it does re- with one new tax shelter every single alternate recognition between the par- quire them to give up the map where X ties, with each party limited to 25 min- week. Deploring what he calls the ‘‘energy, marks the spot of the treasure. utes, and each Member, except the ma- These disclosure provisions were jority leader, the minority leader, or creativity and viciousness’’ of these so- called ‘‘shelter shops,’’ Calvin Johnson, drafted based on the sound advice of the minority whip, limited to 5 min- a professor of tax law at the University tax practitioners; not the kind of prac- utes each, but in no event shall debate of Texas, has labeled these hustling op- titioner that is proud to define their continue beyond 9:50 a.m. erations ‘‘skunk works’’ because of the success by having another loophole The Chair recognizes the gentleman sorry odor surrounding their fouling of named after them, but the thoughtful from Texas (Mr. DOGGETT) for 5 min- our tax system. The literal hustling of commentary of the tax section of the utes. improper tax shelters is so common- American Bar Association. f place that one representative of a The third provision is directed to the Texas-based multinational corporation penalty for tax dodging, and we tighten THE ABUSIVE TAX SHELTER and increase the penalty for such tax SHUTDOWN ACT OF 1999 has recently indicated that he gets a cold call every day from someone dodging. Just getting some thick car- Mr. DOGGETT. Mr. Speaker, long hawking or hustling one of these shel- pet, downtown lawyer to bless what the ago, Will Rogers suggested that, ‘‘peo- ters. accounting department has contrived ple want just taxes even more than Some are even called black box pro- with the help of these tax shelter they want lower taxes. They want to posals. They are kept under wraps and hustlers is no longer going to be suffi- know that every man is paying his pro- they are not offered to any but a select cient to save a corporation from pen- portionate share according to his few so as to avoid public notoriety. As alties if it has clearly stepped over the wealth.’’ a partner at one national firm boasted, line with an abusive tax shelter. Today, some of our worst tax inequi- ‘‘A whale cannot get harpooned unless These abusive tax shelters have ties arise from those who use abusive it surfaces for air.’’ grown and have become so extensive tax shelters to exploit loopholes in the What a whale-sized gulp of arrogance that some experts estimate that they Tax Code. To stop these, and to make toward honest taxpayers everywhere account for $10 billion a year in lost

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

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. H3768 CONGRESSIONAL RECORD — HOUSE June 8, 1999 tax revenue. Typical is a recent ad sell- Opening,’’ which begins with these press Turkey to enter into negotiations ing a guide to offshore tax shelters words: ‘‘Turkey may have a once in a to achieve a political solution to this that ran in the Wall Street Journal. generation opening to treat its na- tragic struggle. Featuring a happy, smiling, bikini-clad tional cancer, the problem of its ag- Mr. Ocalan and his Kurdish organiza- couple, sipping cocktails on the beach, grieved Turkish minority.’’ tion have offered an olive branch to the obviously enjoying the good life at The editorial in the Post, a paper Turkish government. It would be both someone else’s expense, the ad prom- that has previously shown sympathy to the decent and the smart thing to do ised, ‘‘Live simply and easily make a the Turkish point of view on a number for Turkey to accept this good faith tax-free fortune using the world’s most of issues, notes that the Turkish policy offer and to embark on the path of exotic places,’’ and you can do all this, of relentless military and political at- peace. it claimed, ‘‘in complete privacy and tack on the Kurdish movement dooms In fact, Mr. Speaker, Mr. Ocalan made sev- full protection from everyone, includ- Turkey to a conflict that sets it at eral previous cease-fire offers prior to his ar- ing your spouse, competitors, partners odds with the human Democratic val- restÐall of which were summarily rejected by and more.’’ ues of the western nations whose com- the Turkish government and military officials. Such schemes suggest the challenge pany it most values. An article in Sunday's New York Times fur- that we face. Surely if locally owned That is the bind, Mr. Speaker, that ther describes the hardening of official atti- businesses in central Texas can play by Turkey has put itself into. Turkey is a tudes in Turkey. According to the article, the the rules, the big boys should, too. The member of NATO and has sought mem- Turkish Interior Ministry has issued a directive Abusive Tax Shelter Shutdown Act is bership in the European Union, so far listing terms that must be used when dis- not a panacea but it will help law en- unsuccessfully. At the same time, Tur- cussing Mr. Ocalan, his movement or Kurds in forcement close some loopholes, elimi- key continues not only to wage a dirty general. The rules are binding on all reporters nate the sham transactions and stop war against a minority community for state-run news agencies. It represents an- the hustlers. within its borders but to repress and other example of the ongoing pattern of incit- As we say in Texas, move ’em out and essentially deny the existence of a dis- ing nationalistic fear and distrust of the PKK, shut ’em down. tinct Kurdish identity, language or cul- while trying to blind the Turkish people to the f ture. Kurds, their history, their culture and the valid- TURKEY MUST ACCEPT KURDISH In the meantime, Turkey’s economic ity of their struggle. PEACE OFFER development, levels of education, infra- Mr. Speaker, the Turkish regime refuses to structure, development and standard of The SPEAKER pro tempore. Under even acknowledge the Kurds' existence, refer- living, lag far behind European stand- the Speaker’s announced policy of Jan- ring to them as ``mountain Turks,'' prohibiting ards while scarce resources are squan- uary 19, 1999, the gentleman from New all expression of Kurdish culture and language dered on its ongoing war against the Jersey (Mr. PALLONE) is recognized in an effort to forcibly assimilate them, while Kurds. It is a cycle that must be bro- during morning hour debates for 5 min- jailing, torturing and killing Kurdish leaders. ken. The Government of Turkey's undeclared war utes. As The Washington Post editorial Mr. PALLONE. Mr. Speaker, there on the Kurds has claimed close to 40,000 concludes, ‘‘Friends of Turkey must are some who call it the ‘‘trial of the lives and caused more than 3 million people to hope it can muster the courage to century.’’ Abdullah Ocalan, the impris- become refugees. broaden its perspective and to conduct oned Kurdish rebel leader, is on trial f before a Turkish military tribunal. The an honest exploration of the Ocalan RECESS trial could hardly be called fair. Mr. initiative.’’ Mr. Speaker, two recent articles in Ocalan, who faces the death penalty if The SPEAKER pro tempore. There the New York Times suggest unfortu- convicted, has been denied access to his being no further requests for morning nately that the Turkish political and lawyers. His legal team has faced a pat- hour debates, pursuant to clause 12, tern of harassment and threats. military establishment is a long way rule I, the House will stand in recess The Turkish government and media from making this major leap. Last Fri- until 10 a.m. have stirred up nationalistic passions day, it was reported that Turkey’s best Accordingly (at 9 o’clock and 11 min- against Mr. Ocalan. If the Turkish gov- known human rights advocate, Akin utes a.m.) the House stood in recess 1 ernment forges ahead with legally rail- Birdal, entered prison to serve a 9 ⁄2 until 10 a.m. month sentence for giving speeches roading Mr. Ocalan and the threat to f hang him is carried out, the result judged subversive. would be disastrous for all the people What was his subversive activity? b 1000 Mr. Birdal, chairman of the Human of the region. Yet interestingly AFTER RECESS enough, the trial of Mr. Ocalan has cre- Rights Association, has repeatedly ated a potentially positive and long urged the Turkish state to reach a The recess having expired, the House overdue opening towards reconciliation peaceful settlement with Kurdish was called to order by the Speaker pro between the Turkish and Kurdish peo- rebels. Now, as the article reports, such tempore (Mr. SHAW) at 10 a.m. ples. statements constitute support for ter- f rorism under Turkish law. This same Standing in the dock at his show PRAYER trial, Mr. Ocalan made a brave plea for law has recently been used to convict a negotiated, Democratic solution to two journalists, a university professor The Reverend Dr. Peter M. Kurowski, the Kurdish question. Mr. Ocalan’s or- and an aide to Mr. Birdal. While some St. Paul’s Lutheran Church, California, ganization, the Kurdish workers’s brave Turks, including the country’s Missouri, offered the following prayer: party known as the PKK, has an- top judge, have called for repeal of the Let us pray. Lord God, enlighten us nounced its support for Mr. Ocalan’s law, the hardline regime refuses to give to see that unless You build the house, peace offer. With the media attention in. in vain the artisans toil; and unless that the trial is attracting, putting the Mr. Speaker, in an effort to encour- You stand sentry upon a nation, in Kurdish issue in the spotlight to an al- age the U.S. Government to play a con- vain do our guardians watch. Open our most unprecedented degree, Turkey structive role in heading off the crisis eyes to see Your awesome fingerprints could vastly improve its international in Turkey, my colleague, the gen- in creation, Your amazing footprints in standing by simply agreeing to begin tleman from California (Mr. FILNER) the realm of redemption, and Your ar- negotiations with the Kurdish leaders and I, are circulating a letter this week chitectural imprints upon the docu- but, sadly, Mr. Speaker, so far the asking our colleagues to sign a letter ments which helped to give birth to Turkish government has rejected the to President Clinton urging his inter- this Republic. May these revelations path to peace insisting that it will not vention to implore that the Turkish move citizens everywhere to walk hum- negotiate with Mr. Ocalan or any lead- authorities show some basic fairness in bly, do justice, and show compassion. ers of the Kurdish movement. trying Mr. Ocalan and to spare his life. Inspire a desire in Americans every- Yesterday’s Washington Post had an Seeking a fair trial for Mr. Ocalan where to absorb the Biblical book of editorial entitled, ‘‘Turkey’s Kurdish should be the first step in our efforts to Ecclesiastes so that as a nation we do June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3769 not repeat the melancholy moments in and Fort Wayne Senior College. He key requirement of the 1977 law. CRA’s history. We ask this in the name of the later attended Concordia Seminary in bank success is meeting people oppor- Wisdom of the ages, the Savior of sin- St. Louis, Missouri. tunities that safe and sound business ners, Jesus Christ. Amen. He has served congregations in St. represents. f Louis, Missouri, Joylston, Illinois, and In my home district, the University New Orleans, Louisiana, prior to serv- National Bank is serving Frogtown, an THE JOURNAL ing the California, Missouri commu- inner city community in St. Paul. This The SPEAKER pro tempore (Mr. nity. bank has received an outstanding CRA SHAW). The Chair has examined the Pastor Pete is the author of the rating for its efforts. Journal of the last day’s proceedings book, Lifelines of Love, and has done Amazingly, over 70 percent of the script writing for the Lutheran Lay- and announces to the House his ap- loans in University Bank’s portfolio man League animated video ‘‘Red proval thereof. qualify for CRA. Of the millions of dol- Boots for Christmas.’’ He has also writ- Pursuant to clause 1, rule I, the Jour- lars these loans represent, they have ten a number of theological and sports nal stands approved. had losses totaling only $300. These articles for various periodicals. Mr. GIBBONS. Mr. Speaker, pursuant loans happened because every year Uni- to clause 1, rule I, I demand a vote on I am truly proud to have such a dis- tinguished leader from California, Mis- versity Bank officers are required to agreeing to the Chair’s approval of the make 500 calls, person-to-person, get- Journal. souri give the opening prayer to my colleagues here in the House this morn- ting outside the bank. The SPEAKER pro tempore. The In telling the story of improving the question is on the Chair’s approval of ing. f urban community, Bill Reiling, the the Journal. owner and president of the University The question was taken; and the VOTE ‘‘NO’’ ON H.R. 45, NUCLEAR National Bank, states and I quote, ‘‘Be- Speaker pro tempore announced that WASTE POLICY ACT OF 1999 hind every statistic is a human success the ayes appeared to have it. (Mr. GIBBONS asked and was given story with repercussions that echo and Mr. GIBBONS. Mr. Speaker, I object permission to address the House for 1 multiply a dozen-fold. How do you to the vote on the ground that a minute and to revise and extend his re- measure the impact of a successful new quorum is not present and make the marks.) retail business that brings a new job point of order that a quorum is not Mr. GIBBONS. Mr. Speaker, the Com- base? How do you measure the positive present. mittee on Commerce recently amended effect of revitalizing a decaying neigh- The SPEAKER pro tempore. Pursu- H.R. 45, the Nuclear Waste Policy Act borhood?’’ ant to clause 8 rule XX, further pro- of 1999 to exempt the $8 billion Nuclear Mr. Speaker, that is CRA. That is ceedings on this question will be post- Waste Fund from the Budget Enforce- how we measure it. poned. ment Act. So what does this mean? The point of no quorum is considered Well, this move to take the nuclear f withdrawn. waste budget off-budget would open the f floodgates for unrestricted, uncon- EGYPT PLEDGE OF ALLEGIANCE trolled spending. By taking H.R. 45 off-budget, we will (Mr. PITTS asked and was given per- The SPEAKER pro tempore. Will the permit funding increases without the mission to address the House for 1 gentleman from Michigan (Mr. necessary offsets and provide for little minute and to revise and extend his re- KNOLLENBERG) come forward and lead or no congressional oversight and ac- marks.) the House in the Pledge of Allegiance. countability, all in the name of nuclear Mr. PITTS. Mr. Speaker, I rise today Mr. KNOLLENBERG led the Pledge waste. out of concern for what is happening in of Allegiance as follows: By fragmenting the budget to accom- the country of Egypt. Our State De- I pledge allegiance to the Flag of the modate nuclear waste interests, we partment’s Country Reports this year United States of America, and to the Repub- would set a dangerous precedent that detail security and police abuses lic for which it stands, one nation under God, every other trust fund would undoubt- against citizens from minority back- indivisible, with liberty and justice for all. edly attempt to follow. grounds. f As Members of Congress, we should The Reports detailed one horrifying INTRODUCING THE GUEST be concerned about any erosion of our situation in which police brutalized CHAPLAIN commitment to budget discipline. Let over 1,200 Egyptian Coptik Christians us not forget that there are several (Mr. SKELTON asked and was given in the village of El-Kosheh. The official hundred trusts and special funds in ex- permission to address the House for 1 Egyptian report of the incident, in re- istence today, with only Social Secu- minute and to revise and extend his re- sponse, states that there was no tor- rity and the Postal Service receiving marks.) ture or abuse. this special status of off-budget. Mr. SKELTON. Mr. Speaker, I take Mr. Speaker, look at these photos. I would encourage my colleagues to We can see the wounds made on this this opportunity to introduce to the uphold their commitment to fiscal re- House the guest chaplain who is with man’s flesh. We can see in the faces of sponsibility and vote ‘‘no’’ on H.R. 45. the little children who were dashed to us today, the Reverend Dr. Peter M. Let us not make nuclear waste more Kurowski. The Reverend is affection- the ground and beaten while in their important than our Social Security, mothers’ arms. ately referred to as ‘‘Pastor Pete’’ by Medicare, seniors and children. his congregation at St. Paul’s Lu- The apparent unwillingness of the f theran Church in California, Missouri, Egyptian Government to punish police which is located in Missouri’s Fourth CRA IS A VITAL SUCCESS STORY officers involved in these human rights Congressional District. (Mr. VENTO asked and was given violations, or even admit that these In recent years, I have had the privi- permission to address the House for 1 violations occurred is very unfortu- lege of getting to know Pastor Pete minute and to revise and extend his re- nate. through our discussions of history and marks.) Recent news reports suggest that the the Missouri Tigers. I have found his Mr. VENTO. Mr. Speaker, the Com- police officers involved in these human spiritual guidance to be uplifting as munity Reinvestment Act is a success. rights violations were not only not well as inspirational. Pastor Pete, Community reinvestment means banks punished but rewarded by the govern- along with his wife of 25 years, Janice, responding to creditworthy applicants ment. continue to make such an outstanding in their local neighborhoods or towns. I urge the Egyptian Government to contribution to their communities. Congress must maintain this vital pol- take serious measures to correct police A native of Green Bay, Wisconsin, icy, not undercut it. brutality and correct the injustices Pastor Pete has attended Oshkosh CRA means safe and sound business perpetrated against the minorities in State University, Concordia College for financial institutions. That is the El-Kosheh. H3770 CONGRESSIONAL RECORD — HOUSE June 8, 1999 COMMUNITY REINVESTMENT ACT PEACE AGREEMENT IN KOSOVO taxed for that over and over again over HAS BEEN SUCCESSFUL (Mr. KUCINICH asked and was given the course of their lives. Let us cut taxes, not talk about rais- (Mr. LAFALCE asked and was given permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- ing them. minute and to revise and extend his re- marks.) f marks.) Mr. KUCINICH. Mr. Speaker, about NATIONAL HOMEOWNERSHIP WEEK Mr. LAFALCE. Mr. Speaker, the 40 days ago an 11-member bipartisan (Ms. SANCHEZ asked and was given Community Reinvestment Act was cre- congressional delegation, led by my permission to address the House for 1 ated by the Congress in 1977 to combat good friend, the gentleman from Penn- minute.) discrimination by encouraging feder- sylvania (Mr. WELDON), went to Vienna Ms. SANCHEZ. Mr. Speaker, today I ally insured financial institutions to in search of a structure of peace which rise to discuss homeownership in help meet the credit needs of the com- could be put together with leaders of America. Buying a home is a dream for munities they serve. I am here today to the Russian Duma, a peace plan which, many Americans. People want a place report that the Community Reinvest- hopefully, would lead to an end to the where they can raise their children, ment Act, or CRA, has been a tremen- war in the Balkans. That was 40 days where neighbors come together to form dous success. ago. a safe community, and ultimately, CRA’s success results from the effec- One of the principles in this plan was where they can comfortably grow tive partnerships of municipal leaders, the following: Article 4. The humani- older. local development advocacy organiza- tarian crisis will not be solved by A memory I have from when I was tions, and community-minded financial bombing. A diplomatic solution to the young was my grandmother. She came institutions. Working together, the problem is preferable to the alternative to this country. She worked 7 days a CRA has proven that local investment of military escalation. week, every day that I can remember, is not only good for business but crit- Unfortunately, in the ensuing 40 days walking half a mile to get on the bus ical to improving the quality of life for we saw an intense military escalation and go to work. She was a restaurant low- and moderate-income residents in which resulted in the deaths of count- worker. She would come back late at the communities financial institutions less innocent civilians. night after dark. I lost her a few years serve. One of the articles in this plan that ago. The last few things she said to me We will be hearing about other CRA was put together called on the inter- was she had two dreams she did not ac- success stories in the next few weeks, ested parties to find practical measures complish in the United States: one, to and I want to applaud the financial for a parallel solution to three tasks, visit the Pope; and two, to own her own services industry for their extraor- without regard to sequence: the stop- home. dinary record of meeting their CRA ob- ping of the bombing, the withdrawal of This week is National Homeowner- ligations. At present, it is estimated Serbian armed forces from Kosovo, and ship Week and it is a time that we can that almost 98 percent of all financial the cessation of the military activities appreciate the growth our Nation has institutions have achieved a satisfac- of the KLA. made in homeownership, and it is also tory or better CRA compliance. We That is where the G–8 is headed now. when we realize how much more we need to keep and strengthen CRA. But they should have stopped the have to do to help people own that lit- f bombing, and they should not today be tle piece of the American dream, their threatening Belgrade with further own home. READINESS AND MORALE A bombing if there is not a signature on I hope that this week we all gather PROBLEM WITH U.S. MILITARY the dotted line today. together and work very hard to ensure (Mr. KNOLLENBERG asked and was f that there are ways, like CRA and given permission to address the House other ways, to help people become for 1 minute and to revise and extend AMERICAN TAXPAYERS ARE NOT homeowners in the United States. his remarks.) UNDERTAXED f Mr. KNOLLENBERG. Mr. Speaker, (Mr. CHABOT asked and was given AMERICAN NUCLEAR TECHNOLOGY President Clinton has created a na- permission to address the House for 1 SECRETS STOLEN BY CHINA tional security emergency by spreading minute and to revise and extend his re- (Mr. WELDON of Pennsylvania asked our troops all over the world while ne- marks.) and was given permission to address glecting the defense budget. Mr. CHABOT. Mr. Speaker, every the House for 1 minute.) From 1960 until 1991, American troops once in a while in politics the truth Mr. WELDON of Pennsylvania. Mr. were deployed 10 times. Since the Cold slips out. Sometimes the so-called po- Speaker, I say to Bill Richardson, tell War, our fighting forces have been litical pros call it a gaffe. Well, we the truth. He has been traveling around called into action an astonishing 26 have a perfect example of a gaffe by America and this city saying that times. Strangely enough, this in- the leader of the Democratic Party in when he found out, this administra- creased activity has occurred during a this body in the House, the gentleman tion, that China stole the secrets to period in which our military has from Missouri (Mr. GEPHARDT). our nuclear weapons, the W–88 and the shrunk by 40 percent. The gentleman spoke to a group the W–87, that he took aggressive steps in Mr. Speaker, the defense bill the other day and he said, and I quote, 1995 to change that. Tell the truth, Bill House will consider later this week ad- ‘‘You’ve got to have a combination of Richardson. dresses the problems of troop readiness taking it out of the defense budget and U.S. News and World Report, special and troop morale by providing the re- raising revenue. We can argue about feature, July 31, 1995, Hazel O’Leary sources to ensure that American troops how to do that, closing loopholes or leaked the plans, which are in this are the best trained and best equipped even raising taxes to do it.’’ magazine, for the W–87 nuclear war- in the world. Well, maybe the other side can argue head. This important bill also provides about how they want to raise taxes, Tell the truth, Bill Richardson. It funding to facilitate the deployment of but Republicans in this House are argu- was this administration that publicly a national missile defense system that ing about how to cut taxes, not raise released the documented evidence rel- will protect the American people from them. The American people are over- ative to our W–87 warhead in U.S. News a ballistic missile attack launched by a taxed, not undertaxed. and World Report, July 31, 1995. rogue nation. Let us get together and cut taxes Tell the truth, Bill Richardson. Mr. Speaker, this legislation replen- across the board on all Americans, and f ishes our military, strengthens our na- let us get rid of this horrible tax, the tional security, and enhances our abil- death tax, where the Federal Govern- AMERICA SHOULD GUARD ity to carry out foreign policy objec- ment can take up to 55 percent of what AMERICAN BORDERS tives. I urge all my colleagues to sup- Americans earn during the course of (Mr. TRAFICANT asked and was port it. their lives, even though they have been given permission to address the House June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3771 for 1 minute and to revise and extend took the Republican leadership at their the Nation. Only 30 years old, he was his remarks.) word that they would play it straight the father of two boys, one 21 months Mr. TRAFICANT. Mr. Speaker, 90 with gun safety legislation. But now it old, the other 6 years old. Firefighter percent of all crime in America is drug appears that they spent the last 2 Phillips married his childhood sweet- related. Eighty percent of all heroin, 80 weeks scheming with the NRA to bring heart, Lysa. They were a deeply loving percent of all cocaine comes across the down gun safety legislation. couple and family. Mexican border. To boot, only three With their 2-week head start, the Louis Matthews of Engine Company out of every 100 trucks coming from NRA has launched a 2-week campaign No. 26 was only 29 years old but served Mexico are even inspected. of fear. They have spent more than a 7 years as a D.C. firefighter. He leaves It is so bad, experts now admit it is million dollars in the last several days a loving family, including his mother, even possible for terrorists to smuggle to kill gun safety legislation. Cassandra Shields, and two young chil- nuclear weapons across our border. And I am here today to ask to plead with dren. after all this, the White House wants to the Republican leadership in this body Members of this body have been send 7,000 American soldiers to guard to stop playing games with gun safety. mindful of the risks firefighters face the borders of Yugoslavia. This debate is about protecting our and the sacrifices that their families Beam me up here. Europe should be children. Thirteen children a day are could be called upon to make. I am guarding the borders of Europe and killed by gunfire in the United States grateful that the 105th Congress passed Yugoslavia. America should be guard- of America. This is about saving kids’ my bill, the Officer Brian Gibson Tax ing the borders of America for the lives. Free Pension Equity Act, that allows American people. Think about that. This vote on gun safety is deadly se- the families of firefighters killed in the I yield back this weak and foolish na- rious. There is no more room for polit- line of duty to receive survivors’ bene- tional security policy we have in place. ical games. Let us stop the games. Let fits tax free. They did their duty, and I f us pass gun safety legislation for our am grateful that we did ours. families and for our children. SOCIAL SECURITY SURPLUS f f (Mr. SMITH of Michigan asked and SPIRIT OF FREEDOM AWARD was given permission to address the U.S. MILITARY SHOWING SEVERE (Mr. DEMINT asked and was given House for 1 minute and to revise and SIGNS OF STRAIN permission to address the House for 1 extend his remarks.) (Mr. TANCREDO asked and was minute and to revise and extend his re- Mr. SMITH of Michigan. Mr. Speak- given permission to address the House marks.) er, the challenge before this body this for 1 minute and to revise and extend Mr. DEMINT. Mr. Speaker, last week and the next several weeks is his remarks.) Thursday I presented to Mobile Meals passing 13 appropriation bills. The Mr. TANCREDO. Mr. Speaker, Amer- of Spartanburg, South Carolina, the challenge is based on whether or not ican military success in Kosovo has first Spirit of Freedom Award. Every we are going to stick by the promise shown once again that American forces day Mobile Meals volunteers deliver as that we made in the balanced budget are second to none in the world. Our well as prepare over 1,700 meals to agreement of 1997. At that time most of brave pilots and many thousands who needy people in my district, all with- the Democrats and most Republicans work around the clock to support them out government funding. The people at voted for that balanced budget agree- deserve our highest praise and our deep Mobile Meals have shown me that free- ment. gratitude. dom comes from the able hands of local That balanced budget agreement in- However, the military operation in people, people who take responsibility cluded setting caps on future spending. Kosovo has also exposed the problem in for themselves and their communities. Keeping that commitment means that our national defense structure that we Here in Washington, we can either for the next fiscal year we will not be need that needs immediate attention. protect or take away those freedoms. I spending any of the Social Security Our military is undermanned, over- believe it is our role in Congress to be surplus. extended, and showing severe signs of the guardians of freedom. That is why Now the question is—can we keep strain after having to do more with we are working to return dollars, deci- that commitment? Can we keep that less for too long. sions and freedoms to the hands of promise? Last week we passed what we The defense appropriations bill on local people. called a lockbox, again stating that we the House floor later this week is an I thank Mobile Meals for showing us are not going to spend the Social Secu- excellent first step to reverse the trend that freedom begins at home. rity surplus dollars for other govern- and to end the damage to the short- f ment spending programs. Let us keep changing of the U.S. military. I urge RAISING ELIGIBILITY AGE OF our commitment. Let us keep our its support. MEDICARE RECIPIENTS promise to the American people. Let us f not jeopardize current and future So- (Mr. SANDERS asked and was given COMMEMORATING LIVES OF D.C. cial Security recipients by caving in to permission to address the House for 1 FIREFIGHTERS the big spenders. minute and to revise and extend his re- f (Ms. NORTON asked and was given marks.) permission to address the House for 1 Mr. SANDERS. Mr. Speaker, this Na- GUN SAFETY LEGISLATION minute and to revise and extend her re- tion already has the most unfair dis- (Ms. DELAURO asked and was given marks.) tribution of wealth and income in the permission to address the House for 1 Ms. NORTON. Mr. Speaker, I rise this entire industrialized world. minute and to revise and extend her re- morning to commemorate the lives of Given that reality, it is absurd that marks.) two brave young firefighters who gave some in Congress are talking about Ms. DELAURO. Mr. Speaker, 2 weeks their lives in a fire in the District giving huge tax breaks to some of the ago the Republican leadership in this while Congress was out of session. Both wealthiest people in this country while House told us that we could not vote on firefighters were born and raised in the at the same time they are talking gun safety legislation before we left for Nation’s Capital. about raising the eligibility age of the Memorial Day break because we The loss is not only to their families Medicare to 67, charging a 10-percent needed to have a hearing in committee, but to the Congress of the United copayment fee for home health care, needed to go through the proper legis- States and to this city, where D.C. fire- and voucherizing Medicare, which lative process. fighters prepare every day to do what would mean more out-of-pocket ex- Ah-ha. Well, now they are bringing is necessary to protect both hometown penses for seniors in this country. this legislation to the floor with no Washington and official Washington, Mr. Speaker, 111 members of Con- hearings and with no markup. So what including the Members of this House. gress have written to the President. We was the 2-week delay all about? It was Anthony Phillips of Engine Company have urged him, do not raise the eligi- about giving the NRA a head start. We No. 10 worked the busiest fire house in bility age of Medicare to 67, do not H3772 CONGRESSIONAL RECORD — HOUSE June 8, 1999 charge a 10-percent copayment fee on We must pass gun safety legislation, and putting more cops on the beat, home health care to some of the weak- we must make our schools safe, and we there is nothing that can be done to at- est and most vulnerable people in this must do it now. tack the problem if our prosecutors do country, and do not force seniors to f not have the resources they need to en- pay more out-of-pocket for their health force existing laws. Simply put, we care costs. CHINA HAS AMERICAN NUCLEAR must give them the resources they I urge all Members of this body to WEAPONS TECHNOLOGY need to fully enforce existing gun laws. join us. (Mr. EHLERS asked and was given That is why we have introduced the f permission to address the House for 1 Gun Crime Prosecution Act of 1999. minute and to revise and extend his re- DEPARTMENT OF DEFENSE This legislation will give every marks.) AUTHORIZATION BILL United States Attorney for each judi- Mr. EHLERS. Mr. Speaker, I suspect cial district an additional Assistant (Mr. HEFLEY asked and was given I am one of the few individuals in this U.S. Attorney position whose sole pur- permission to address the House for 1 House who has worked at a nuclear pose would be the prosecution of minute and to revise and extend his re- weapons laboratory. I did this for one crimes committed with a firearm. Spe- marks.) summer while I was a graduate student cifically, each new prosecutor position Mr. HEFLEY. Mr. Speaker, military at Berkeley at the University of Cali- would give priority to violent crimes readiness is the kind of thing that re- fornia. And I found it to be a very good and crimes committed by felons by quires long-term planning and long- experience to work at a nuclear weap- committing a full-time position within term commitment. Decisions made ons laboratory, even though my work the United States Attorney’s office to today about our military forces do not was primarily on unclassified science. prosecuting gun crimes. We will be giv- show up until years down the road. What impressed me is that the indi- ing our prosecutors the tools they need That is why it is easy for shortsighted viduals that worked at that laboratory or politically motivated leaders to to enforce the laws that already exist were extremely security conscious and shortchange our military for a few in the statute. they were very concerned about any years because future generations will Mr. Speaker, I ask my colleagues to leaks of information about nuclear have to pay the price. support this bill. Similarly, the defense buildup that weapons. We seem to have lost that. f We have lost that culture ever since President Reagan made his top priority A BETTER WAY paid huge dividends only after he left the Berlin Wall fell. (Mr. HAYWORTH asked and was office. The Soviet Union fell shortly But what is dismaying to me is the given permission to address the House after he left, and President George reaction of the White House to the dis- Bush reaped the benefits of our ex- covery that the Chinese have managed for 1 minute and to revise and extend traordinary military prowess in the to obtain information about our nu- his remarks.) Gulf War in 1991. clear weapons. The spin doctors have Mr. HAYWORTH. Mr. Speaker, I lis- In my judgment, and in the opinion gone to work full-time. The President’s tened with great interest to my neigh- of many military experts, this adminis- men seem to be more concerned with bor from New Mexico offer a point tration has shortchanged our military blaming the Bush and Reagan adminis- which I think cannot be stated enough. systematically over the past 6 years. tration than with taking responsibility You see, it is not enough to pass laws Our commitments grow, but the re- and trying to correct the problem as in Congress. The fact is, prosecutors sources are just not there to meet they should be doing. and those who would uphold the law need to enforce existing laws and need them. b 1030 This House will soon have the oppor- to obey existing laws. tunity to take action to change this It is the mark of strong individuals Mr. Speaker, that is one of the things course. I urge my colleagues on both to take responsibility for the mistakes I heard time and again visiting with sides of the aisle to support the DOD that they have made and to correct my constituents in the Sixth Congres- authorization bill. them, and I expect no less of the Presi- sional District of Arizona. I know that dent and his aides. We do have leaks, f different Members of this body spent we have to cure them, and it is abso- their district work periods in different SCHOOL SAFETY AND GUN lutely essential that those individuals ways. For example, the minority leader VIOLENCE who are responsible take responsi- of this body, the gentleman from Mis- (Ms. WOOLSEY asked and was given bility, correct the problem, and solve souri (Mr. GEPHARDT), spent time in permission to address the House for 1 it. Philadelphia bragging about how my minute and to revise and extend her re- f friends on the left might take control of this institution in the year 2000. marks.) SUPPORT GUN CRIME Ms. WOOLSEY. Mr. Speaker, how Here is what the minority leader PROSECUTION ACT much longer do families have to live in said: fear before Congress acts? How many (Mr. UDALL of New Mexico asked ‘‘You’ve got to have a combination of more memorials must our Nation have and was given permission to address taking it out of the defense budget and before Congress passes sensible gun the House for 1 minute and to revise raising revenue. We can argue about control? Those are the questions. and extend his remarks.) how to do that. We can close loopholes It appears that the answer is that Mr. UDALL of New Mexico. Mr. or even raise taxes to do it.’’ some politicians would rather have the Speaker, today along with the gentle- There is the candor attack, the hon- National Rifle Association invest in woman from New York (Mrs. MCCAR- esty episode from the minority leader. them than for our Congress to invest in THY) and the gentleman from Kansas Cut defense and raise taxes. That is our children’s future, investing with a (Mr. MOORE) and other cosponsors, I in- their prescription for the future? Mr. sensible gun control measure. troduce a bill that will put at least one Speaker, there is a better way. Millions of families across the Nation Federal prosecutor in every State. f agree that we need to tighten gun con- There is no question that our Nation trol laws. So it is time for the House to is facing a growing scourge of gun vio- PLAUDITS TO COX COMMITTEE act. The Senate has done the right lence that is holding an increasing (Mr. COOKSEY asked and was given thing. Now the House must do the number of our communities under permission to address the House for 1 same. If that means coming to the siege. Crimes committed with firearms minute and to revise and extend his re- floor every day demanding that the Re- are among the most heinous and should marks.) publican leadership bring debate on be prosecuted as quickly and forcefully Mr. COOKSEY. Mr. Speaker, I think child safety locks, on background as possible. every single Member of this body owes checks at gun shows, and a prohibition While the Federal government has in a debt of gratitude to the gentleman on the import of large magazines, so be the past approached the problem of gun from California (Mr. COX) my Repub- it, we are going to do it. violence by passing new Federal laws lican colleague. The gentleman from June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3773 California headed the Select Com- The question was taken; and the Miller, Gary Reyes Stabenow Miller, George Reynolds Stark mittee on China and has been an out- Speaker pro tempore announced that Minge Rivers Stearns standing example of even tempera- the ayes appeared to have it. Mink Rodriguez Stenholm ment, fair-mindedness and bipartisan- Mr. GIBBONS. Mr. Speaker, I object Moakley Roemer Strickland ship in his handling of the House inves- Mollohan Rogan Stump to the vote on the ground that a Moore Rogers Sununu tigation of Chinese espionage at our quorum is not present and make the Moran (VA) Ros-Lehtinen Talent nuclear laboratories. point of order that a quorum is not Morella Rothman Tauscher Although there is considerable evi- present. Murtha Roukema Tauzin dence that the administration has been Myrick Roybal-Allard Taylor (NC) The SPEAKER pro tempore. Evi- Nadler Royce Terry selectively leaking the most sensa- dently a quorum is not present. Napolitano Ryan (WI) Thomas tional stories to the New York Times, Neal Ryun (KS) Thornberry The Sergeant at Arms will notify ab- the Cox Committee has been a tomb. Nethercutt Salmon Thune sent Members. Ney Sanchez Thurman No one has accused Chairman COX or Northup Sandlin Tierney anyone on his staff of leaking informa- The vote was taken by electronic de- vice, and there were—yeas 355, nays 46, Norwood Sanford Toomey tion about his long-awaited report, an Nussle Sawyer Towns extraordinary achievement in Wash- answered ‘‘present’’ 1, not voting 31, as Olver Saxton Traficant follows: Ortiz Scott Turner ington. Ose Sensenbrenner Udall (CO) Thus far, public statements by the [Roll No. 170] Owens Serrano Upton gentleman from California have been YEAS—355 Oxley Sessions Velazquez judicious and moderate and he has bent Packard Shadegg Walden Abercrombie Davis (IL) Hostettler Pascrell Shaw Walsh over backwards not to be partisan, Ackerman Davis (VA) Houghton Paul Shays Wamp even though most of the espionage oc- Allen Deal Hoyer Payne Sherman Watkins curred during the periods 1994 and 1995. Andrews DeGette Hulshof Pease Sherwood Watt (NC) Archer Delahunt Hunter Pelosi Shimkus Watts (OK) Instead, he has focused on what can be Armey DeLauro Hyde Peterson (PA) Shows Waxman done about the problems at our Energy Bachus DeLay Inslee Petri Shuster Weiner Department laboratories. Baird DeMint Isakson Phelps Simpson Weldon (FL) Baker Deutsch Istook CHRIS COX, well done. The American Pickering Sisisky Weldon (PA) Baldacci Dickey Jackson (IL) Pitts Skeen Wexler people have benefitted greatly from Baldwin Dicks Jackson-Lee Pomeroy Skelton Weygand your outstanding work on this ex- Ballenger Dixon (TX) Porter Slaughter Whitfield tremely important issue. Barcia Doggett Jefferson Portman Smith (NJ) Wicker Barr Dooley Jenkins f Price (NC) Smith (TX) Wilson Barrett (NE) Doolittle Johnson (CT) Pryce (OH) Smith (WA) Wolf Barrett (WI) Doyle Johnson, E. B. COMMENTS ON COX COMMITTEE Quinn Snyder Woolsey Bartlett Dreier Johnson, Sam Radanovich Souder Wu (Mr. STEARNS asked and was given Barton Duncan Jones (NC) Rahall Spence Wynn Bass Dunn Jones (OH) Regula Spratt Young (FL) permission to address the House for 1 Bateman Edwards Kanjorski minute and to revise and extend his re- Becerra Ehlers Kaptur NAYS—46 marks.) Bentsen Ehrlich Kasich Aderholt Gutknecht Ramstad Mr. STEARNS. Mr. Speaker, recently Bereuter Emerson Kelly Bilbray Hastings (FL) Riley Berkley Engel Kennedy Borski Hefley Sabo Secretary of Energy Bill Richardson Berman Eshoo Kildee stated, ‘‘I can assure the American peo- Brown (FL) Hilliard Stupak Berry Evans Kind (WI) Brown (OH) Hutchinson Sweeney ple that their nuclear secrets are now Biggert Everett King (NY) Clay Kucinich Tancredo safe at the labs.’’ Somehow I do not Bilirakis Ewing Klink Costello LaFalce Tanner Bishop Farr Knollenberg think the American people believe him. Crane Lewis (GA) Taylor (MS) Blagojevich Fattah Kolbe DeFazio LoBiondo Thompson (CA) In fact, the unanimous conclusion of Bliley Fletcher Kuykendall English Martinez Thompson (MS) the Cox Committee is also at odds with Blumenauer Foley LaHood Etheridge Moran (KS) Udall (NM) Blunt Forbes Lampson Filner Oberstar Vento the Secretary’s reassurance. The com- Boehlert Ford Lantos mittee concludes that ‘‘such thefts al- Gephardt Pallone Visclosky Boehner Fossella Largent Gibbons Pastor Weller most certainly continue to the present Bonilla Fowler Larson Green (TX) Peterson (MN) day.’’ Bonior Frank (MA) Latham Gutierrez Pombo I am quite distressed at the reaction Bono Franks (NJ) LaTourette Boswell Frelinghuysen Lazio ANSWERED ‘‘PRESENT’’—1 of the administration’s spokesmen who Boyd Gallegly Leach Scarborough even to this very day are downplaying Brady (PA) Ganske Levin the significance of the Cox report find- Brady (TX) Gejdenson Lewis (CA) NOT VOTING—31 Bryant Gekas Lewis (KY) ing. And, of course, they are changing Burr Gilchrest Lofgren Boucher Kilpatrick Rush the subject. Burton Gillmor Lowey Brown (CA) Kingston Sanders The big news is not that our nuclear Buyer Gilman Lucas (KY) Cannon Kleczka Schaffer Chenoweth Lee Schakowsky secrets were stolen. The incomprehen- Callahan Gonzalez Lucas (OK) Calvert Goode Luther Coburn Linder Smith (MI) sible news is what this administration Camp Goodlatte Maloney (CT) Coyne Lipinski Tiahrt has done about it when it was discov- Campbell Goodling Maloney (NY) Danner McCollum Waters ered in 1995 that the crown jewel of our Canady Gordon Manzullo Diaz-Balart Obey Wise Capps Goss Markey Dingell Pickett Young (AK) nuclear arsenal, the W–88, was stolen Capuano Graham Mascara Frost Rangel by the Communist Chinese. Cardin Granger Matsui John Rohrabacher No one told the President. Carson Green (WI) McCarthy (MO) b 1056 The Justice Department denied the Castle Greenwood McCarthy (NY) FBI’s request for a wiretap on the clear Chabot Hall (OH) McCrery So the journal was approved. Chambliss Hall (TX) McDermott The result of the vote was announced and obvious suspect. Clayton Hansen McGovern The issue, my colleagues, is what was Clement Hastings (WA) McHugh as above recorded. done in 1995, 1996, 1997, 1998 and 1999. Clyburn Hayes McInnis Stated for: Coble Hayworth McIntosh f Ms. LEE. Mr. Speaker, on rollcall No. 170, Collins Herger McIntyre I was unavoidably absent from the Journal THE JOURNAL Combest Hill (IN) McKeon Condit Hill (MT) McKinney vote. Had I been present, I would have voted The SPEAKER pro tempore (Mr. Conyers Hilleary McNulty ``yes.'' SHAW). Pursuant to clause 8 of rule XX, Cook Hinchey Meehan f Cooksey Hinojosa Meek (FL) the pending business is the question de Cox Hobson Meeks (NY) COMMUNICATION FROM THE novo of the Speaker’s approval of the Cramer Hoeffel Menendez Journal. Crowley Hoekstra Metcalf CLERK OF THE HOUSE The question is on the Speaker’s ap- Cubin Holden Mica The SPEAKER laid before the House Cummings Holt Millender- proval of the Journal of the last day’s Cunningham Hooley McDonald the following communication from the proceedings. Davis (FL) Horn Miller (FL) Clerk of the House of Representatives: H3774 CONGRESSIONAL RECORD — HOUSE June 8, 1999 HOUSE OF REPRESENTATIVES, the Louisiana delegation and the new- ture of a substitute shall be considered as Washington, DC, June 8, 1999. est Member of our House of Represent- read. During consideration of the bill for Hon. J. DENNIS HASTERT, atives here in Washington, D.C., Mr. amendment, the chairman of the Committee The Speaker, House of Representatives, of the Whole may accord priority in recogni- DAVID VITTER. Washington, DC. tion on the basis of whether the Member of- DEAR MR. SPEAKER: I have the honor to f fering an amendment has caused it to be transmit herewith a facsimile copy of a Cer- printed in the portion of the Congressional tificate of Election received from the Honor- SERVING LOUISIANA WITH HONOR, Record designated for that purpose in clause able M.J. ‘‘Mike’’ Foster, Jr., Governor, HUMILITY, AND AWE 8 of rule XVIII. Amendments so printed shall State of Louisiana, indicating that, at the (Mr. VITTER asked and was given be considered as read. The chairman of the Special Election held on May 29, 1999, the permission to address the House for 1 Committee of the Whole may: (1) postpone until a time during further consideration in Honorable David Vitter was duly elected minute.) Representative in Congress for the First the Committee of the Whole a request for a Congressional District, State of Louisiana. Mr. VITTER. Mr. Speaker, ladies and recorded vote on any amendment; and (2) re- With best wishes, I am gentlemen of the House, distinguished duce to five minutes the minimum time for Sincerely, Congressman TAUZIN and other mem- electronic voting on any postponed question JEFF TRANDAHL, bers of the Louisiana delegation, I am that follows another electronic vote without Clerk. honored, humbled, awestruck to stand intervening business, provided that the min- imum time for electronic voting on the first f before you today. My goal in the years ahead is simply in any series of question shall be 15 minutes. b 1100 At the conclusion of consideration of the bill this: to become at ease and com- for amendment the Committee shall rise and SWEARING IN OF THE HONORABLE fortable with you as I become a re- report the bill to the House with such DAVID VITTER, OF LOUISIANA, spected colleague and friend; to become amendments as may have been adopted. Any AS A MEMBER OF THE HOUSE at ease and comfortable with the ways Member may demand a separate vote in the of the House as I become an effective House on any amendment adopted in the The SPEAKER. Will the Representa- Congressman; but never to become so Committee of the Whole to the bill or to the tive-elect and the members of the Lou- at ease and comfortable that I lose committee amendment in the nature of a isiana delegation present themselves in substitute. The previous question shall be these feelings of honor, of humility, of the well. considered as ordered on the bill and amend- awe. And how could I? This is the peo- Mr. VITTER appeared at the bar of ments thereto to final passage without inter- ple’s House. You, we, are the people’s the House and took the oath of office, vening motion except one motion to recom- representatives, a vital part of the mit with or without instructions. as follows: most powerful and moral political ex- Do you solemnly swear that you will The SPEAKER pro tempore (Mr. periment in human history. support and defend the Constitution of SHAW). The gentleman from Texas (Mr. I look forward to always honoring the United States against all enemies, SESSIONS) is recognized for 1 hour. you as the people’s representatives and foreign and domestic; that you will Mr. SESSIONS. Mr. Speaker, for pur- to working constructively with you on bear true faith and allegiance to the poses of debate only, I yield the cus- the people’s business. same; that you take this obligation tomary 30 minutes to the gentlewoman In closing, I would like to recognize freely, without any mental reservation from New York (Ms. SLAUGHTER), pend- the forces that have brought me here or purpose of evasion; and that you will ing which I yield myself such time as I today: God; family, led by my parents well and faithfully discharge the duties may consume. During consideration of and wife; friends; and, of course, the of the office on which you are about to this resolution, all time yielded is for wonderful people of Louisiana’s First enter. So help you God. the purpose of debate only. Congressional District. They are here Mr. Speaker, H. Res. 189 is an open The SPEAKER. Congratulations. You today, they are here always, and I rule providing 1 hour of general debate, are now a Member of the United States thank them from the depths of my divided equally between the chairman Congress. heart. and ranking minority member of the f f Committee on Resources. The rule WELCOME TO THE HONORABLE makes in order the Committee on Re- EDUCATION LAND GRANT ACT DAVID VITTER sources’ amendment in the nature of a Mr. SESSIONS. Mr. Speaker, by di- substitute as an original bill for the (Mr. TAUZIN asked and was given rection of the Committee on Rules, I purpose of amendment, which shall be permission to address the House for 1 call up House Resolution 189 and ask considered as read. minute.) for its immediate consideration. Members who have preprinted their Mr. TAUZIN. Mr. Speaker, it is with The Clerk read the resolution, as fol- amendments in the record prior to extreme pleasure that the Louisiana lows: their consideration may be given pri- delegation presents to you the newest H. RES. 189 ority in recognition to offering their member of our delegation, the newest amendments if otherwise consistent Resolved, That at any time after the adop- Member of the American House of Rep- with House rules. resentatives, Mr. DAVID VITTER. tion of this resolution the Speaker may, pur- suant to clause 2(b) of rule XVIII, declare the The Chairman of the Committee of DAVID is extremely well qualified to House resolved into the Committee of the the Whole may postpone votes during join this body. Unlike the Member in Whole House on the state of the Union for consideration of the bill and reduce the well, who graduated from Harvard consideration of the bill (H.R. 150) to amend voting time to 5 minutes on a post- on the Bayou in Louisiana, DAVID actu- the Act popularly known as the Recreation poned question if the vote follows a 15- ally got his education at Harvard Uni- and Public Purposes Act to authorize dis- minute vote. versity. He is a Rhodes Scholar. He and posal of certain public lands or national for- Finally, the rule provides for one mo- his lovely wife, Wendy, are the parents est lands to local education agencies for use tion to recommit, with or without in- for elementary or secondary schools, includ- of three beautiful children, including a structions. young set of twins. Their three daugh- ing public charter schools, and for other pur- poses. The first reading of the bill shall be Mr. Speaker, H.R. 150, the Education ters are here today to celebrate this dispensed with. General debate shall be con- Land Grant Act, is the product of tire- day with them. Like CHRIS JOHN in our fined to the bill and shall not exceed one less efforts of my colleague, the gen- delegation, they are the parents of hour equally divided and controlled by the tleman from Arizona (Mr. HAYWORTH). twins, and we are real excited to have chairman and ranking minority member of The gentleman is looking for innova- him and his family join our delegation. the Committee on Resources. After general tive ways to provide educational re- Ladies and gentlemen, Mr. Bob Liv- debate the bill shall be considered for sources for State and local govern- ingston is here, a former member, as amendment under the five-minute rule. It ments. you know, and Mr. Jimmy Hayes is shall be in order to consider as an original Like many western States, Arizona bill for the purpose of amendment under the here from Louisiana, also to welcome five-minute rule the amendment in the na- has scarce non-Federal resources with- DAVID. ture of a substitute recommended by the in the National Forest land system, Would you please join me in wel- Committee on Resources now printed in the making it very expensive and cost-pro- coming again the newest member of bill. The committee amendment in the na- hibitive for school districts to buy land June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3775 needed to expand or build the nec- Mr. Speaker, I was just like thou- Ms. SLAUGHTER. Mr. Speaker, I re- essary school facilities. sands of other parents and grand- serve the balance of my time. The gentleman from Arizona (Mr. parents who attended the graduation Mr. SESSIONS. Mr. Speaker, I yield HAYWORTH) recognized this clearly ceremonies over the past few weeks. such time as he may consume to the when he had to fight to convey 30 acres There we were, watching our kids, our gentleman from Nevada (Mr. GIBBONS). of Forest Service land to the Alpine grandkids, the kid next door who only Mr. GIBBONS. Mr. Speaker, I rise School District for the purpose of last week it seems was learning to ride today in support of the rule and the un- building new school facilities during without training wheels, and is now derlying legislation, H.R. 150. I want to the 104th Congress. The Education about to claim his or her future. thank the gentleman from Texas for Land Grant Act would codify this proc- Sadly, so many, far, far too many yielding time to me to speak on this ess for all Forest Service land. This children in recent years have gone bill, and I want to congratulate the legislation authorizes the Secretary of through that rite of passage forever gentleman from Arizona (Mr. Agriculture to convey Forest Service tinged by violence inside their school HAYWORTH) for his vision and forth- lands for educational purposes, as long walls. In some instances, the classes rightness and commitment in bringing as the school is publicly funded, the following these children will have this bill before the floor. conveyance serves the public interest, learned not only the fire drill but the Mr. Speaker, I represent the Second and the land is not environmentally evacuation drill, in case a classmate Congressional District of Nevada. It sensitive or needed for the purpose of has a gun. has numerous communities that are the National Forest System. A columnist in my hometown paper, land-locked by the Federal govern- ment, Federal land, including Forest b 1115 the Democrat and Chronicle in Roch- ester, New York, observed that we have Service lands. We have several rural This process mirrors the Recreation had so many school shootings that we communities that have very little pri- and Public Purposes Act, which allows can now rank them in order of the car- vate land from which to expand or Congress to sell or lease Bureau of nage which was created. It is so sad I build new schools. For example, let me take one of the Land Management land to State and can hardly speak to it, but in homes counties which I represent. It has an local governments, and qualified non- across this country, families are being area of approximately 10,000 square profit organizations for public pur- forced to have exactly that discussion. miles. That is bigger than the State of poses. Mr. Speaker, if Members do not be- Maine. It has 98 percent of that land I am proud of the work my colleague, lieve the threat is real, ask the mere being owned, operated, and managed by the gentleman from Arizona (Mr. child who came to me recently won- the Federal government. That leaves 2 HAYWORTH) has done. dering how to find a bulletproof vest. percent of 10,000 square miles to pay for Mr. Speaker, I urge support for the Mr. Speaker, let us not get compla- education, for the infrastructure, high- rule and the underlying legislation, cent on the issues of gun violence and ways, for police and fire services, and and I reserve the balance of my time. juvenile justice. Let us not let another all of the other county and local com- Ms. SLAUGHTER. Mr. Speaker, I graduation day pass without action by munity needs. They are not able to yield myself such time as I may con- this House to reduce violence and to reach out and improve their economic sume. help our troubled children. and financial base without H.R. 150. (Ms. SLAUGHTER asked and was Mr. Speaker, that is still a debate given permission to revise and extend Let me say that that 2 percent is not which this House needs, which I en- enough to support many of these coun- her remarks.) courage the leadership to allow, and Ms. SLAUGHTER. Mr. Speaker, ties. What we are asking for here is 80 which America wants. Instead of or at acres at a maximum, that is 80 acres today we return to the Education Land least in addition to the debate on the Grant Act, which was scheduled for for this one county out of 10,000 square Education Land Grant Act, let us have miles; 80 acres, not a lot. Without this consideration a few weeks ago but a constructive and bipartisan debate on postponed until today. The bill was re- legislation, there is no chance for these our response to the growing crisis of people to build new schools, to expand ported on a voice vote from the Com- school violence. mittee on Resources. It is a relatively their community for their children, Mr. Speaker, I reserve the balance of and to improve the future for their straightforward bill and enjoys bipar- my time. tisan support. children. Mr. SESSIONS. Mr. Speaker, con- H.R. 150 is a commonsense proposal Although I know there are Members tinuing debate on H.R. 150, I yield such who have objections which will be to enhance the education of our chil- time as he may consume to the gen- dren, not just in Nevada, not just in raised in the ensuing debate, it will be tleman from Utah (Mr. HANSEN), the ably handled on our side by my good Arizona, but across America, as well. chairman of the Subcommittee on Pub- I urge my colleagues to support H.R. friend, the gentleman from California lic Lands and National Parks. 150, the rule and the underlying bill. (Mr. GEORGE MILLER). Mr. HANSEN. Mr. Speaker, I thank Again, I want to congratulate the gen- Mr. Speaker, this is a request for an my friend, the gentleman from Texas, tleman from Arizona (Mr. HAYWORTH). open rule on a bill which could easily for yielding time to me. Mr. SESSIONS. Mr. Speaker, I yield be handled on the suspension calendar, Mr. Speaker, I rise in support of the such time as he may consume to the and an open rule which was granted rule for H.R. 150. H.R. 150 is an impor- gentleman from Arizona (Mr. only after the Democrat efforts to tant piece of legislation that will help HAYWORTH). bring forward the juvenile justice bill schoolchildren in rural communities Mr. HAYWORTH. Mr. Speaker, I were defeated on a party line vote. throughout this country. thank my colleague, the gentleman Mr. Speaker, this weekend I had the The Education Land Grant Act will from Texas (Mr. SESSIONS), a member privilege to attend my granddaughter’s allow publicly-funded education enti- of the Committee on Rules, for yielding high school graduation and to hear her ties to acquire Forest Service land at time to me. give a commencement address wel- nominal cost for school facilities. This I also thank my colleague, the gen- coming her classmates to the last day will help many of the cash-strapped tlewoman from New York (Ms. Slaugh- of their childhood and the first day of communities that are hemmed in by ter) for her remarks, such as they per- the rest of their lives. government land to provide an edu- tain to this particular piece of legisla- She stated: cation for their children. tion. We have come to an intersection with no Mr. Speaker, this is an important bill Mr. Speaker, today we have the op- signs, our past beeping loudly at us and a that will help the Nation’s children. I portunity to come together as Ameri- foggy road ahead. Some of us are struggling would like to thank the minority for cans, not as Democrats or as Repub- wildly to go into reverse, which in life is ut- working with us to fine-tune this legis- licans but as Americans, to pass an im- terly impossible. We are hesitantly facing our future, an unnerving task for we know lation, and I look forward to the dis- portant piece of legislation that will not what the future holds. But take comfort, cussion on H.R. 150 on the floor. I sup- make it easier for economically-chal- the beauty of the future lies not in its plan- port the rule, and hope that my col- lenged communities to provide edu- ning, but in its spontaneous creation. leagues will do likewise. cational facilities for our children. H3776 CONGRESSIONAL RECORD — HOUSE June 8, 1999 The title of this bill says it all: The a nominal cost using guidelines estab- b 1130 Education Land Grant Act. This act lished under the R&PPA for approxi- IN THE COMMITTEE OF THE WHOLE would allow school districts around the mately $10 an acre. The bill would pro- Accordingly, the House resolved country to apply for conveyances of vide expedited review of applications itself into the Committee of the Whole small tracts of Forest Service land at by requiring the Secretary of Agri- House on the State of the Union for the nominal cost to build, renovate, or ex- culture to acknowledge the receipt of consideration of the bill (H.R. 150) to pand their educational facilities. an application within 14 days. amend the Act popularly known as the Currently only school districts near A final determination about whether Recreation and Public Purposes Act to Bureau of Land Management land can to convey the land must be made with- authorize disposal of certain public apply for conveyances under the Recre- in 120 days unless the Secretary of Ag- lands or national forest lands to local ation and Public Purposes Act, or riculture submits a written notice to education agencies for use for elemen- R&PPA. Modeled after the R&PPA, my the applicant explaining the delay. tary or secondary schools, including legislation simply adds Forest Service Passage of this bill will be a boon for public charter schools, and for other lands to this equation. rural areas throughout our Nation, but purposes, with Mr. SHAW in the chair. Mr. Speaker, the idea for this legisla- especially in the West and in the tion grew out of work I was honored to The Clerk read the title of the bill. South, where there is a large amount The CHAIRMAN. Pursuant to the do in the 104th Congress during my of federally-controlled land. rule, the bill is considered as having first term here representing the Sixth For example, Gila County, Arizona, a been read the first time. Congressional District of Arizona. At county in my district which is approxi- Under the rule, the gentleman from that time the Alpine School District in mately the size of the State of Con- Utah (Mr. HANSEN) and the gentleman eastern Arizona was in desperate need necticut, only finds 3 percent of its from California (Mr. GEORGE MILLER) of new school facilities. This district land mass privately owned. In other each will control 30 minutes. lies within Apache County in the east- words, 97 percent of Gila County, Ari- The Chair recognizes the gentleman ern part of the State, near our border zona, is under the control, the owner- from Utah (Mr. HANSEN). with New Mexico. ship, if you will, of some governmental Mr. HANSEN. Mr. Chairman, I yield Eighty-five percent of Apache Coun- entity. myself such time as I may consume. ty, Arizona, is federally-controlled That is why in the West private land, Mr. Chairman, I rise in strong sup- land. That limited what could be raised when we can find it, like in Gila Coun- port of H.R. 150, the Education Land in property taxes, so the school district ty, only 3 percent, is extremely expen- Grant Act. H.R. 150 is a good piece of was dependent on proceeds from timber sive. Not only that, but the West also legislation that will help school chil- harvesting. However, due to lawsuits, confronts the problem and the chal- dren in rural communities throughout logging had been halted. Consequently, lenge of rapidly growing populations. the country. I commend the gentleman the timber receipts that had gone to- In fact, Arizona, Utah, and Nevada are from Arizona (Mr. HAYWORTH) for his ward funding the schools all but dried hard work on this bill. up. the three fastest growing States in the The Education Land Grant Act was The Alpine School District faced a Nation. This means there will be more designated to alleviate the problem dilemma. It could not afford both the demand to build school facilities but cost of land, estimated to be $225,000, less land to do it on. that may help small Western commu- and the cost of new school facilities. So The Education Land Grant Act is one nities. These towns are often hemmed I introduced legislation which was of the ways we can alleviate some of in by government-owned lands such as signed into law that conveyed 30 acres the West’s growing pains and at the BLM land, Indian reservations, na- of Forest Service land to the Alpine same time help our children receive tional forests, State land, national School District so that the people the education they need and deserve. monuments, national parks, et cetera. Since so much of this land base in there could use that land for the con- Mr. Speaker, my colleagues on both these areas is nontaxable government struction of new school facilities. sides of the aisle have continually Construction of those facilities pro- talked about the importance of edu- land, they often find it difficult to af- ceeds, and I am pleased to report that cation and the future of our children. ford school facilities. The little private when the children of Alpine return to H.R. 150 is a commonsense proposal on land that does exist in these areas school this fall, the facilities will be which we can all agree because it will tends to be very expensive. This often completed. allow economically-strapped school makes land acquisition for school fa- The legislation we consider today districts throughout the United States cilities cost-prohibitive. sets up a national mechanism for to put the money where it counts, in Those communities that are fortu- school districts to apply to the Sec- the classroom, helping teachers teach, nate enough to have a suitable parcel retary of Agriculture for Forest Serv- helping children learn. This is a goal I of BLM land near their town can get ice land without having to come to believe we all support, Mr. Speaker. land at a nominal cost for school facili- Congress to draw up a specific bill for I hope this House will strongly sup- ties through the Recreation and Public a special remedy, as the people of Al- port the rule and this bipartisan, com- Purposes Act. Unfortunately, those pine did. monsense legislation. communities that are next to a suit- However, the Education Land Grant Ms. SLAUGHTER. Mr. Speaker, I able parcel of forest land do not have Act authorizes the Secretary of Agri- have no further requests for time, and this option because the Recreation and culture to convey Forest Service land I yield back the balance of my time. Public Purposes Act does not apply to only if certain specific conditions are Mr. SESSIONS. Mr. Speaker, I have Forest Service lands. met: no further requests for time, I yield H.R. 150 was designed to help these First, the entity seeking the convey- back the balance of my time, and I towns and cities surrounded by or adja- ance must use the land for a public or move the previous question on the res- cent to Forest Service land. They publicly-funded elementary or sec- olution. would be able to buy parcels of land for ondary school. The previous question was ordered. school facilities from the Forest Serv- Second, the conveyance must serve The resolution was agreed to. ice at nominal cost. This will allow the public interest. A motion to reconsider was laid on many of these cash-strapped commu- Third, the land cannot, cannot be en- the table. nities to build more adequate edu- vironmentally sensitive or needed for cation facilities for their children. b 1130 purposes of the National Forest sys- I would like to thank the minority tem. The SPEAKER pro tempore (Mr. SES- for working closely with us on this leg- Finally, the total acreage to be con- SIONS). Pursuant to House Resolution islation. The legislation we have before veyed will be limited to the amount 189 and rule XVIII, the Chair declares us today is much improved and some- reasonably necessary for the proposed the House in the Committee of the thing I believe we should all support. use, but not to exceed 80 acres. Whole House on the State of the Union I understand that the administration It also provides that conveyances for the consideration of the bill, H.R. has some concerns with this legisla- under this legislation shall be made for 150. tion. In particular, they object to the June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3777 concept of selling Forest Service lands conveyed is not otherwise needed for ficials from the administration come at less than full market value. While I the national forest system, and four, with hordes of media to cover an hour understand their concerns, I think it is the total acreage to be conveyed does in a schoolroom. important to note who it is that we are not exceed the amount reasonably nec- But, Mr. Chairman, do rural children trying to help. We are talking about essary for the proposed use. not count as much as those in the city? schoolchildren. We are talking about In any event, the conveyance is lim- Do those who find their industry shut giving school districts a little land to ited to 80 acres, and the mineral rights and their way of life abandoned not build an elementary school or a play- are reserved to the United States. In have the same rights as those who are ground for the children. addition, the committee amendment easily accessible by the national media This is a good cause and a very good includes the reverter clause that would and so many opportune photo experi- idea. H.R. 150 is simple legislation that be applicable if the lands were to be ences? I say yes. resolves a difficult problem for rural used, without consent of the Secretary, Mr. Chairman, I believe Members on school districts. I urge all of my col- for use other than the use for which the both sides of the aisle, rhetoric not- leagues to support H.R. 150. lands were not conveyed. withstanding, understand full well our Mr. Chairman, I reserve the balance Mr. Chairman, H.R. 150, as amended responsibility to children, whether of my time. by the Committee on Resources, is a they reside in a cosmopolitan place Mr. GEORGE MILLER of California. significant improvement from the bill such as the Bay area of California or a Mr. Chairman, I yield myself such time as it was introduced. Although the ad- rural location such as Apache County, as I may consume. ministration objects to the bill because Arizona. (Mr. GEORGE MILLER of California the lands are authorized to be conveyed Mr. Chairman, I have often said that asked and was given permission to re- for less than full cost, I do not think Mark Twain had it right. History does vise and extend his remarks.) that what the bill provides in this case not repeat itself, but it rhymes. With Mr. GEORGE MILLER of California. is unreasonable, given the discre- this new Education Land Grant Act, we Mr. Chairman, as introduced, H.R. 150 tionary nature of the bill and the pub- will reaffirm one of the greatest exam- had significant problems. The bill lic interests being served. ples that has gone before. would have amended the Recreation Mr. Chairman, I reserve the balance Another Republican member of the and Public Purposes Act to provide for of my time. Committee on Ways and Means, Justin the transfer of national forest lands to Mr. HANSEN. Mr. Chairman, I yield Smith Morrill, in the 1860s brought local education entities for use as ele- such time as he may consume to the similar legislation to the floor of this mentary and secondary schools, includ- gentleman from Arizona (Mr. body. Indeed, in the presidential cam- ing public charter schools. HAYWORTH), the author of this legisla- paign of 1860, it is often obscured be- At the Committee on Resources hear- tion, and compliment the gentleman cause of the terrible Civil War that fol- ing on H.R. 150, the administration tes- for doing such an excellent job on this lowed, but a one-term Member, former tified in opposition to the bill. While very necessary bill. Member of this body, a man named they supported the objective of making Mr. HAYWORTH. Mr. Chairman, I Abraham Lincoln, told Congressman Federal lands available in certain cir- thank the gentleman from Utah (Mr. Morrill that his land grant act would cumstances for public purposes, they HANSEN) for yielding to me. I also be one of the pillars of the Lincoln ad- testified that the legislation was bur- thank the gentleman from California ministration. densome. (Mr. GEORGE MILLER) because, as I What the Morrill land grant act did One of the problems with the bill was have learned since coming to this insti- for institutions of higher learning, that the Recreation and Public Pur- tution, good legislation is often a col- granting back to our States federally poses Act was designed to apply to pub- laborative process. controlled land for the establishment lic lands only. H.R. 150 tried to shoe- I would simply say in response to a of institutions of higher learning with horn national forest lands into that couple of points raised by the adminis- concentration in the agricultural and law and it was not a very good fit. The tration and the Forest Service, it is mechanical arts, what that act did to problem was not only with using the precisely because so many rural com- make higher education available to all Recreation and Public Purposes Act, munities find themselves enclosed by Americans is what we seek to do today but also the fact that the bill sponsor federally controlled land are so eco- with this land grant act, for schools K was seeking waivers or changes to the nomically strapped, so economically through 12, for those who find them- normal requirements of land convey- challenged, so economically disadvan- selves embattled and at an economic ances. taged that we brought this legislation disadvantage, without the voices of the We should not be setting different re- forward. special interests in Washington, to step quirements for school lands than ap- Fair market value in this case can- up and put them on the cover of plied to public lands used for hospitals not apply, nor should it apply; and this ‘‘Time’’ or ‘‘Newsweek,’’ or speak or other public purposes. Further, we bill rectifies that at a nominal cost to about the challenges they face, to say had no definition of a public charter allow these communities to con- to rural America, this Congress recog- school and, as such, we did not know centrate their resources where they are nizes the needs that you have. what such use would entail. best utilized, in the education of our Mr. Chairman, bipartisan passage of During the Committee on Resources’ children, by helping teachers teach, this legislation is essential because the consideration of H.R. 150, an amend- helping children learn, and helping impact of this legislation will literally ment in the nature of a substitute was local communities within their discre- be ground breaking because it will em- adopted and made substantial improve- tion use this as another tool to em- power local districts. It will give them ments to this legislation. As reported power parents, to empower these varied the opportunity to have another tool by the Committee on Resources, the communities. at their disposal to educate their chil- bill is now a freestanding measure that The irony of the Forest Service oppo- dren as they see fit. provides discretionary authority to the sition I think speaks volumes, sadly, of That is why today I come to the floor Secretary of Agriculture to make the fact that ofttimes there are two of this House and I ask my colleagues available certain national forest sys- Americas. There is the America that is to join me, not as Democrats or as Re- tem lands at nominal cost to quali- the cause celebre of the news maga- publicans, but as Americans, in offer- fying entities for use as elementary zines, of the media events, of the cries ing this opportunity so that we can end and secondary schools and related fa- on our National Mall to remember the the days that existed before, so that in- cilities. children, to care for the children. dividual Members of Congress do not The bill requires that in order to Mr. Chairman, folks from the Sixth have to come with a bill exclusively de- make such a conveyance, the Secretary District of Arizona in remote commu- signed for a school district in their must determine that, one, the land will nities, folks from rural America, do not area and hope that it is attached like be used for the intended purposes, two, often get the chance to come to Wash- an ornament on a Christmas tree to a that the conveyance will serve the pub- ington and engage in a photo op. They larger piece of legislation and end up lic interest, three, that the land to be do not often get the chance to have of- with a crazy quilt that exists at the H3778 CONGRESSIONAL RECORD — HOUSE June 8, 1999 discretion of this House and at the us. I do not think that people who within the Los Padres National Forest, the whims of the legislative winds that come from the large metropolitan school is now facing a financial crisis. Since may blow. areas or the large heavily populated 1975, the School has leased and developed This legislation strikes a powerful States realize the problems we have in land from the Forest Service. Like many blow on behalf of America’s children, some of rural America. Many States, leaseholders, their property has been reevalu- and its impact will be far-reaching and and we can look at a lot of the western ated by the Forest Service, and the lease has have consequences that the pundits States in particular and some in the gone up by 1300% in one year from $1,290 may ignore and the spinmeisters may south, where there is a small commu- per year to $17,750 per year. do their best to sweep aside, but will nity surrounded by government land. I Does it make sense to take education dol- not soon be forgotten in the classrooms come from one of those communities lars from isolated, rural schools to put into the of rural America. myself where all of a sudden the Forest coffers of a federal land agency? Local Forest I ask my colleagues to join me in Service or BLM land has you hemmed Service officials have repeatedly lamented that passage of this legislation. in and communities can do nothing. they had no authority to dedicate the land to Mr. GEORGE MILLER of California. They cannot touch it or do anything the school district. Passage of this bill will fi- Mr. Chairman, I yield myself such time with it. Then, when they want to ex- nally give the Forest Service the authority and as I may consume. pand for a playground or expand their direction from Congress to make such a dedi- Mr. Chairman, as I said before, we do school, they have to come up against cation in the case of Frazier Park Elementary not deny the bill has been, we believe, this bureaucracy of how do we do it. School. substantially improved with the sub- Nothing is more difficult, Mr. Chair- The Education Land Grant Act provides real stitute, as proposed, to the bill, as man, in America than trying to figure and immediate assistance to school districts amended. We have no problem with out a way to get the Federal Govern- like Frazier Park Elementary School that are this. ment to trade, barter, or somehow buy asking for our help. I urge my colleagues to I would say I do not think this bill is some Federal land. It goes through the stand and join me in voting for this bill and going to solve the education problems biggest fudge factory there is in Amer- provide a resounding answer that we do sup- in this country. There is much for this ica, and communities are lucky if they port education for our children. Congress to do. While we are happy to get it done. It normally takes 11 years Mr. HANSEN. Mr. Chairman, I yield help pass this legislation, we wish that before they even look at it. Therefore, back the balance of my time. the majority would get on with the this is an overdue piece of legislation. The CHAIRMAN. All time for general At this particular time we have a rest of the agenda that the people in debate has expired. President of the United States and this country want with respect to Pursuant to the rule, the committee Vice President of the United States, schools, and clearly part of that is to amendment in the nature of a sub- and last Thursday the minority leader protect our students and schools from stitute printed in the bill is considered of the Democratic side, talking about violence. We wish that before the break as an original bill for purposes of the need for education, but we are not you had taken up the legislation deal- amendment and is considered as read. seeing too much happening around The text of the committee amend- ing with background checks at gun here. This is the first time this term, ment in the nature of a substitute is as shows, child safety locks, and other in my mind, that we have seen some- follows: measures to try to prevent the easy ac- thing that substantially helps school- H.R. 150 cess and irresponsible access of young children. Be it enacted by the Senate and House of people to guns that have played out in I commend the gentleman from Ari- Representatives of the United States of America the tragic incidents, oft too often, in zona for taking it upon himself to do in Congress assembled, this country. it. I know he had some tough fights in SECTION. 1. SHORT TITLE. b 1145 committee to get it to this point, but This Act may be cited as the ‘‘Education Land Grant Act’’. We appreciate that this legislation finally we will get something that will help these little communities that are SEC. 2. CONVEYANCE OF NATIONAL FOREST SYS- may impact 40, 50, maybe 60, 70 dis- TEM LANDS FOR EDUCATIONAL PUR- tricts that may have access to some a forgotten part of America. Everyone POSES. thinks of the New Yorks and the San lands, but there are millions of stu- (a) AUTHORITY TO CONVEY.—Upon applica- Franciscos and the L.A.s, but they do dents that are in schools that are tion, the Secretary of Agriculture may convey not think of the little Apache areas or National Forest System lands for use for edu- crumbling, that are not ready for the Farmington, Utah, or some other little cational purposes if the Secretary determines next century, that have not been wired, place in Wyoming. Finally, we are that— and we really think that the Federal doing something for those folks. I com- (1) the entity seeking the conveyance will use Government ought to participate in the conveyed land for a public or publicly fund- mend the gentleman. helping, whether it is through the Tax ed elementary or secondary school, to provide Mr. THOMAS. Mr. Chairman, I support H.R. grounds or facilities related to such a school, or Code or whether through loans or 150, the Education Land Grant Act, because it grants, to rebuilding some of these for both purposes; will help children in my district in Kern County, (2) the conveyance will serve the public inter- crumbling schools in America that are California, to continue to attend their school est; both urban and rural so that children situated on federally owned land in the Los (3) the land to be conveyed is not otherwise can have a decent setting in which to Padres National Forest. Passage of this bill needed for the purposes of the National Forest learn and in which knowledge can be System; and will finally give the U.S. Forest Service the au- (4) the total acreage to be conveyed does not conveyed and can be acquired by these thority to dedicate 10 acres of land currently children. exceed the amount reasonably necessary for the used by the Frazier Park Elementary School proposed use. So this is an interesting piece of leg- for continuation of this school's operation. (b) ACREAGE LIMITATION.—A conveyance islation, but it falls far short of what Many schools in the rural West were built under this section may not exceed 80 acres. the country expects out of this Con- on land owned by the U.S. Forest Service. However, this limitation shall not be construed gress with respect to the children’s There is often no other choice because the to preclude an entity from submitting a subse- education in this Nation. And we would communities are surrounded by government quent application under this section for an ad- ditional land conveyance if the entity can dem- hope at some point, since we are only owned landÐ``land-locked''. However, under working a couple of hours a week onstrate to the Secretary a need for additional current regulations, these schools are facing land. around here, that we would find time skyrocketing lease prices from the Forest (c) COSTS AND MINERAL RIGHTS.—A convey- to address that legislation and deal Service's new land value assessment meth- ance under this section shall be for a nominal with the issue of revitalizing the infra- ods. Many schools are finding it almost impos- cost. The conveyance may not include the trans- structure of education in this country. sible to remain open because of being hit by fer of mineral rights. Mr. Chairman, I yield back the bal- the higher leases. Yet, it makes no sense for (d) REVIEW OF APPLICATIONS.—When the Sec- ance of my time. retary receives an application under this sec- the federal government to dedicate billions to tion, the Secretary shall— Mr. HANSEN. Mr. Chairman, I yield general education while strangling specific (1) before the end of the 14-day period begin- myself such time as I may consume to schools that operate on federal land. ning on the date of the receipt of the applica- concur with what the gentleman from Frazier Park Elementary is a good example tion, provide notice of that receipt to the appli- Arizona said regarding this bill before of a rural school the bill could aid. Imbedded cant; and June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3779 (2) before the end of the 120-day period begin- Mr. HANSEN. Mr. Speaker, I object McGovern Porter Spratt ning on that date— McHugh Portman Stabenow to the vote on the ground that a McInnis Price (NC) Stark (A) make a final determination whether or not quorum is not present and make the to convey land pursuant to the application, and McIntosh Pryce (OH) Stearns McIntyre Quinn Stenholm notify the applicant of that determination; or point of order that a quorum is not present. McKeon Radanovich Strickland (B) submit written notice to the applicant con- McKinney Rahall Stump taining the reasons why a final determination The SPEAKER pro tempore. Evi- McNulty Ramstad Stupak has not been made. dently a quorum is not present. Meehan Rangel Sununu (e) REVERSIONARY INTEREST.—If at any time The Sergeant at Arms will notify ab- Meek (FL) Regula Sweeney after lands are conveyed pursuant to this sec- sent Members. Meeks (NY) Reyes Talent tion, the entity to whom the lands were con- Menendez Reynolds Tancredo veyed attempts to transfer title to or control over The vote was taken by electronic de- Metcalf Riley Tanner the lands to another or the lands are devoted to vice, and there were—yeas 420, nays 0, Mica Rivers Tauscher not voting 14, as follows: Millender- Rodriguez Tauzin a use other than the use for which the lands McDonald Roemer Taylor (MS) were conveyed, without the consent of the Sec- [Roll No. 171] Miller (FL) Rogan Taylor (NC) retary, title to the lands shall revert to the YEAS—420 Miller, Gary Rogers Terry United States. Miller, George Rohrabacher Thomas Abercrombie Cummings Hill (IN) Minge Ros-Lehtinen Thompson (CA) The CHAIRMAN. During consider- Ackerman Cunningham Hill (MT) Mink Rothman Thompson (MS) ation of the bill for amendment, the Aderholt Danner Hilleary Moakley Roukema Thornberry Chair may accord priority in recogni- Allen Davis (FL) Hilliard Mollohan Roybal-Allard Thune tion to a Member offering an amend- Andrews Davis (IL) Hinchey Moore Royce Thurman Archer Davis (VA) Hinojosa Moran (KS) Ryan (WI) Tiahrt ment that has been printed in the des- Armey Deal Hobson Moran (VA) Ryun (KS) Tierney ignated place in the CONGRESSIONAL Bachus DeFazio Hoeffel Morella Sabo Toomey RECORD. Those amendments will be Baird DeGette Hoekstra Murtha Salmon Towns Baker Delahunt Holden considered read. Myrick Sanchez Traficant Baldacci DeLauro Holt Nadler Sanders Turner The Chairman of the Committee of Baldwin DeLay Hooley Napolitano Sandlin Udall (CO) the Whole may postpone a demand for Ballenger DeMint Horn Neal Sanford Udall (NM) a recorded vote on any amendment and Barcia Deutsch Hostettler Nethercutt Sawyer Upton Barr Diaz-Balart Houghton may reduce to a minimum of 5 minutes Ney Saxton Velazquez Barrett (NE) Dickey Hoyer Northup Scarborough Vento the time for voting on any proposed Barrett (WI) Dicks Hulshof Norwood Schaffer Visclosky question that immediately follows an- Bartlett Dingell Hunter Nussle Schakowsky Vitter other vote, provided the time for vot- Barton Dixon Hutchinson Oberstar Scott Walden Bass Doggett Hyde ing on the first question shall be a min- Obey Sensenbrenner Walsh Bateman Dooley Inslee Olver Serrano Wamp imum of 15 minutes. Becerra Doolittle Isakson Ortiz Sessions Watkins Are there any amendments to this Bentsen Doyle Istook Ose Shadegg Watt (NC) bill? Bereuter Dreier Jackson (IL) Owens Shaw Watts (OK) Berkley Duncan Jackson-Lee If not, the question is on the com- Oxley Shays Waxman Berman Dunn (TX) Packard Sherman Weiner mittee amendment in the nature of a Berry Edwards Jefferson Pallone Sherwood Weldon (FL) substitute. Biggert Ehlers Jenkins Pascrell Shimkus Weller The committee amendment in the Bilbray Ehrlich John Pastor Shows Wexler nature of a substitute was agreed to. Bilirakis Emerson Johnson (CT) Paul Shuster Weygand Bishop Engel Johnson, E. B. Payne Simpson Whitfield The CHAIRMAN. Under the rule, the Blagojevich English Johnson, Sam Pease Sisisky Wicker Committee rises. Blumenauer Eshoo Jones (NC) Pelosi Skeen Wilson Accordingly, the Committee rose; Blunt Etheridge Jones (OH) Peterson (MN) Skelton Wise and the Speaker pro tempore (Mr. Boehlert Evans Kanjorski Peterson (PA) Slaughter Wolf Boehner Everett Kaptur Petri Smith (NJ) Woolsey C UGH M H ) having assumed the chair, Bonilla Ewing Kasich Phelps Smith (TX) Wu Mr. SHAW, Chairman of the Committee Bonior Farr Kelly Pickering Smith (WA) Wynn of the Whole House on the State of the Bono Fattah Kennedy Pitts Snyder Young (AK) Union, reported that that Committee, Borski Filner Kildee Pombo Souder Young (FL) Boswell Fletcher Kind (WI) Pomeroy Spence having had under consideration the bill Boyd Foley King (NY) (H.R. 150) to amend the Act popularly Brady (PA) Forbes Kleczka NOT VOTING—14 known as the Recreation and Public Brady (TX) Ford Klink Brown (FL) Fossella Knollenberg Bliley Kilpatrick Rush Purposes Act to authorize disposal of Brown (OH) Fowler Kolbe Boucher Kingston Smith (MI) certain public lands or national forest Bryant Frank (MA) Kucinich Brown (CA) Lee Waters lands to local education agencies for Burr Franks (NJ) Kuykendall Chenoweth McCollum Weldon (PA) Burton Frelinghuysen LaFalce Crane Pickett use for elementary or secondary Buyer Frost LaHood schools, including public charter Callahan Gallegly Lampson b schools, and for other purposes, pursu- Calvert Ganske Lantos 1213 ant to House Resolution 189, he re- Camp Gejdenson Largent Campbell Gekas Larson So the bill was passed. ported the bill back to the House with Canady Gephardt Latham The result of the vote was announced an amendment adopted by the Com- Cannon Gibbons LaTourette mittee of the Whole. Capps Gilchrest Lazio as above recorded. Capuano Gillmor Leach The title of the bill was amended so The SPEAKER pro tempore. Under Cardin Gilman Levin the rule, the previous question is or- Carson Gonzalez Lewis (CA) as to read: dered. Castle Goode Lewis (GA) ‘‘A bill to authorize the Secretary of The question is on the committee Chabot Goodlatte Lewis (KY) Chambliss Goodling Linder Agriculture to convey National Forest amendment in the nature of a sub- Clay Gordon Lipinski System lands for use for educational stitute. Clayton Goss LoBiondo purposes, and for other purposes.’’ The committee amendment in the Clement Graham Lofgren nature of a substitute was agreed to. Clyburn Granger Lowey A motion to reconsider was laid on The SPEAKER pro tempore. The Coble Green (TX) Lucas (KY) the table. Coburn Green (WI) Lucas (OK) question is on the engrossment and Collins Greenwood Luther Stated for: third reading of the bill. Combest Gutierrez Maloney (CT) The bill was ordered to be engrossed Condit Gutknecht Maloney (NY) Mr. SMITH of Michigan. Mr. Speaker, on and read a third time, and was read the Conyers Hall (OH) Manzullo rollcall No. 171, I was inadvertently detained in Cook Hall (TX) Markey third time. a meeting with AARP re Social Security. Had Cooksey Hansen Martinez I been present, I would have voted ''yes.'' The SPEAKER pro tempore. The Costello Hastings (FL) Mascara question is on the passage of the bill. Cox Hastings (WA) Matsui Ms. LEE. Mr. Speaker, on rollcall No. 171, The question was taken; and the Coyne Hayes McCarthy (MO) I was unavoidably absent from the vote on Cramer Hayworth McCarthy (NY) Speaker pro tempore announced that Crowley Hefley McCrery H.R. 150. Had I been present, I would have the ayes appeared to have it. Cubin Herger McDermott voted ``yes.'' H3780 CONGRESSIONAL RECORD — HOUSE June 8, 1999 PERSONAL EXPLANATION tunity to thank the membership for the Smith-Lever Act, and the Act of Sep- supporting our work and to ask for its tember 29, 1977 (7 U.S.C. 341–349), and section Ms. KILPATRICK. Mr. Speaker, due to offi- 1361(c) of the Act of October 3, 1980 (7 U.S.C. cial business in the 15th Congressional District continued support. Ms. KAPTUR. Mr. Chairman, I move 301 note), and to coordinate and provide pro- of Michigan, I was not able to record my vote to strike the last word. gram leadership for the extension work of for two measures considered in the U.S. the Department and the several States and Mr. Chairman, I would just like to in- House of Representatives today. Had I been insular possessions, $12,741,000; in all, form the House that we are going to present, I would have voted ``aye'' for rollcall $438,987,000: Provided, That funds hereby ap- proceed forward on this bill today. It is number 170, and I would have voted ``aye'' for propriated pursuant to section 3(c) of the Act our hope, in view of the crisis in rural of June 26, 1953, and section 506 of the Act of rollcall number 171. America, we can move through it expe- June 23, 1972, shall not be paid to any State, f ditiously. We look forward to working the District of Columbia, Puerto Rico, with the gentleman from New Mexico Guam, or the Virgin Islands, Micronesia, GENERAL LEAVE Northern Marianas, and American Samoa (Mr. SKEEN) and to try to move prior to availability of an equal sum from Mr. SKEEN. Mr. Speaker, I ask unan- through the amendments that remain. imous consent that all Members may non-Federal sources for expenditure during I think further delay is not in the in- the current fiscal year. have 5 legislative days within which to terest of the Nation. We would like to revise and extend their remarks and to INTEGRATED ACTIVITIES move this bill to conference as quickly For the integrated research, education, include tabular and extraneous mate- as possible. We look forward to pro- rial on H.R. 1906. and extension competitive grants programs, ceeding with the amendments in order. including necessary administrative expenses, The SPEAKER pro tempore (Mr. I look forward to the first amendment. $10,000,000. LAHOOD). Is there objection to the re- The CHAIRMAN. The Clerk will read. OFFICE OF THE UNDER SECRETARY FOR quest of the gentleman from New Mex- The Clerk read as follows: MARKETING AND REGULATORY PROGRAMS ico? None of the funds in the foregoing para- For necessary salaries and expenses of the There was no objection. graph shall be available to carry out re- Office of the Under Secretary for Marketing f search related to the production, processing and Regulatory Programs to administer pro- or marketing of tobacco or tobacco products. grams under the laws enacted by the Con- AGRICULTURE, RURAL DEVELOP- NATIVE AMERICAN INSTITUTIONS ENDOWMENT gress for the Animal and Plant Health In- MENT, FOOD AND DRUG ADMIN- FUND spection Service, the Agricultural Marketing ISTRATION, AND RELATED For establishment of a Native American Service, and the Grain Inspection, Packers AGENCIES APPROPRIATIONS institutions endowment fund, as authorized and Stockyards Administration, $618,000. ACT, 2000 by Public Law 103–382 (7 U.S.C. 301 note), ANIMAL AND PLANT HEALTH INSPECTION $4,600,000. SERVICE The SPEAKER pro tempore. Pursu- SALARIES AND EXPENSES ant to House Resolution 185 and rule EXTENSION ACTIVITIES Payments to States, the District of Colum- (INCLUDING TRANSFERS OF FUNDS) XVIII, the Chair declares the House in bia, Puerto Rico, Guam, the Virgin Islands, For expenses, not otherwise provided for, the Committee of the Whole House on Micronesia, Northern Marianas, and Amer- including those pursuant to the Act of Feb- the State of the Union for the further ican Samoa: for payments for cooperative ruary 28, 1947 (21 U.S.C. 114b–c), necessary to consideration of the bill, H.R. 1906. extension work under the Smith-Lever Act, prevent, control, and eradicate pests and b to be distributed under sections 3(b) and 3(c) plant and animal diseases; to carry out in- 1215 of said Act, and under section 208(c) of Public spection, quarantine, and regulatory activi- IN THE COMMITTEE OF THE WHOLE Law 93–471, for retirement and employees’ ties; to discharge the authorities of the Sec- Accordingly, the House resolved compensation costs for extension agents and retary of Agriculture under the Act of March itself into the Committee of the Whole for costs of penalty mail for cooperative ex- 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); and to tension agents and State extension directors, protect the environment, as authorized by House on the State of the Union for the $276,548,000; payments for extension work at law, $444,000,000, of which $4,105,000 shall be further consideration of the bill (H.R. the 1994 Institutions under the Smith-Lever available for the control of outbreaks of in- 1906) making appropriations for Agri- Act (7 U.S.C. 343(b)(3)), $2,060,000; payments sects, plant diseases, animal diseases and for culture, Rural Development, Food and for the nutrition and family education pro- control of pest animals and birds to the ex- Drug Administration, and Related gram for low-income areas under section 3(d) tent necessary to meet emergency condi- Agencies for the fiscal year ending Sep- of the Act, $58,695,000; payments for the pest tions: Provided, That no funds shall be used tember 30, 2000, and for other purposes, management program under section 3(d) of to formulate or administer a brucellosis the Act, $10,783,000; payments for the farm eradication program for the current fiscal with Mr. PEASE in the chair. safety program under section 3(d) of the Act, year that does not require minimum match- The Clerk read the title of the bill. $3,000,000; payments for the pesticide impact ing by the States of at least 40 percent: Pro- The CHAIRMAN. When the Com- assessment program under section 3(d) of the vided further, That this appropriation shall mittee of the Whole rose on Wednes- Act, $3,214,000; payments to upgrade re- be available for field employment pursuant day, May 26, 1999, the amendment by search, extension, and teaching facilities at to the second sentence of section 706(a) of the gentleman from Oklahoma (Mr. the 1890 land-grant colleges, including the Organic Act of 1944 (7 U.S.C. 2225), and COBURN) had been disposed of and the Tuskegee University, as authorized by sec- not to exceed $40,000 shall be available for bill was open for amendment from page tion 1447 of Public Law 95–113 (7 U.S.C. 3222b), employment under 5 U.S.C. 3109: Provided fur- 13, line 1, to page 14, line 19. $8,426,000, to remain available until ex- ther, That this appropriation shall be avail- pended; payments for the rural development able for the operation and maintenance of Are there further amendments to centers under section 3(d) of the Act, aircraft and the purchase of not to exceed this portion of the bill? $908,000; payments for a groundwater quality four, of which two shall be for replacement Mr. SKEEN. Mr. Chairman, I move to program under section 3(d) of the Act, only: Provided further, That, in addition, in strike the last word. $9,561,000; payments for youth-at-risk pro- emergencies which threaten any segment of Mr. Chairman, the Committee of the grams under section 3(d) of the Act, the agricultural production industry of this Whole has had this bill under consider- $9,000,000; payments for a food safety pro- country, the Secretary may transfer from ation for 2 days. We have consumed gram under section 3(d) of the Act, $7,365,000; other appropriations or funds available to about 11 hours of floor time so far. We payments for carrying out the provisions of the agencies or corporations of the Depart- the Renewable Resources Extension Act of ment such sums as may be deemed nec- have disposed of 10 amendments by re- 1978, $3,192,000; payments for Indian reserva- essary, to be available only in such emer- corded votes and we have reached page tion agents under section 3(d) of the Act, gencies for the arrest and eradication of con- 14 of a 70-page appropriations bill. I be- $1,714,000; payments for sustainable agri- tagious or infectious disease or pests of ani- lieve that this is a record for this bill. culture programs under section 3(d) of the mals, poultry, or plants, and for expenses in I rise to make the point that the mem- Act, $3,309,000; payments for rural health and accordance with the Act of February 28, 1947, bership has been very strong in its sup- safety education as authorized by section and section 102 of the Act of September 21, port of the Committee on Appropria- 2390 of Public Law 101–624 (7 U.S.C. 2661 note, 1944, and any unexpended balances of funds tions and of the votes cast on the 10 2662), $2,628,000; payments for cooperative ex- transferred for such emergency purposes in tension work by the colleges receiving the the next preceding fiscal year shall be amendments; over 70 percent have sup- benefits of the second Morrill Act (7 U.S.C. merged with such transferred amounts: Pro- ported the committee’s recommenda- 321–326 and 328) and Tuskegee University, vided further, That appropriations hereunder tions and less than 30 percent have op- $25,843,000; and for Federal administration shall be available pursuant to law (7 U.S.C. posed them. I want to take this oppor- and coordination including administration of 2250) for the repair and alteration of leased June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3781 buildings and improvements, but unless oth- kets, and similar agencies for marketing ac- programs administered by the Farm Service erwise provided the cost of altering any one tivities under section 204(b) of the Agricul- Agency, $794,839,000: Provided, That the Sec- building during the fiscal year shall not ex- tural Marketing Act of 1946 (7 U.S.C. 1623(b)), retary is authorized to use the services, fa- ceed 10 percent of the current replacement $1,200,000. cilities, and authorities (but not the funds) value of the building. GRAIN INSPECTION, PACKERS AND STOCKYARDS of the Commodity Credit Corporation to In fiscal year 2000, the agency is authorized ADMINISTRATION make program payments for all programs ad- to collect fees to cover the total costs of pro- ministered by the Agency: Provided further, SALARIES AND EXPENSES viding technical assistance, goods, or serv- That other funds made available to the ices requested by States, other political sub- For necessary expenses to carry out the Agency for authorized activities may be ad- divisions, domestic and international organi- provisions of the United States Grain Stand- vanced to and merged with this account: Pro- zations, foreign governments, or individuals, ards Act, for the administration of the Pack- vided further, That these funds shall be avail- provided that such fees are structured such ers and Stockyards Act, for certifying proce- able for employment pursuant to the second that any entity’s liability for such fees is dures used to protect purchasers of farm sentence of section 706(a) of the Organic Act reasonably based on the technical assistance, products, and the standardization activities of 1944 (7 U.S.C. 2225), and not to exceed goods, or services provided to the entity by related to grain under the Agricultural Mar- $1,000,000 shall be available for employment the agency, and such fees shall be credited to keting Act of 1946, including field employ- under 5 U.S.C. 3109. this account, to remain available until ex- ment pursuant to the second sentence of sec- STATE MEDIATION GRANTS pended, without further appropriation, for tion 706(a) of the Organic Act of 1944 (7 U.S.C. providing such assistance, goods, or services. 2225), and not to exceed $25,000 for employ- For grants pursuant to section 502(b) of the Of the total amount available under this ment under 5 U.S.C. 3109, $26,448,000: Pro- Agricultural Credit Act of 1987 (7 U.S.C. 5101– heading in fiscal year 2000, $87,000,000 shall be vided, That this appropriation shall be avail- 5106), $4,000,000. derived from user fees deposited in the Agri- able pursuant to law (7 U.S.C. 2250) for the DAIRY INDEMNITY PROGRAM cultural Quarantine Inspection User Fee Ac- alteration and repair of buildings and im- (INCLUDING TRANSFERS OF FUNDS) count. provements, but the cost of altering any one For necessary expenses involved in making BUILDINGS AND FACILITIES building during the fiscal year shall not ex- indemnity payments to dairy farmers for For plans, construction, repair, preventive ceed 10 percent of the current replacement milk or cows producing such milk and manu- maintenance, environmental support, im- value of the building. facturers of dairy products who have been di- provement, extension, alteration, and pur- LIMITATION ON INSPECTION AND WEIGHING rected to remove their milk or dairy prod- chase of fixed equipment or facilities, as au- SERVICES EXPENSES ucts from commercial markets because it thorized by 7 U.S.C. 2250, and acquisition of Not to exceed $42,557,000 (from fees col- contained residues of chemicals registered land as authorized by 7 U.S.C. 428a, $7,200,000, lected) shall be obligated during the current and approved for use by the Federal Govern- to remain available until expended. fiscal year for inspection and weighing serv- ment, and in making indemnity payments AGRICULTURAL MARKETING SERVICE ices: Provided, That if grain export activities for milk, or cows producing such milk, at a MARKETING SERVICES require additional supervision and oversight, fair market value to any dairy farmer who is directed to remove his milk from commer- For necessary expenses to carry on serv- or other uncontrollable factors occur, this cial markets because of: (1) the presence of ices related to consumer protection, agricul- limitation may be exceeded by up to 10 per- products of nuclear radiation or fallout if tural marketing and distribution, transpor- cent with notification to the Appropriations such contamination is not due to the fault of tation, and regulatory programs, as author- Committees. the farmer; or (2) residues of chemicals or ized by law, and for administration and co- OFFICE OF THE UNDER SECRETARY FOR FOOD toxic substances not included under the first ordination of payments to States, including SAFETY sentence of the Act of August 13, 1968 (7 field employment pursuant to the second For necessary salaries and expenses of the U.S.C. 450j), if such chemicals or toxic sub- sentence of section 706(a) of the Organic Act Office of the Under Secretary for Food Safe- stances were not used in a manner contrary of 1944 (7 U.S.C. 2225) and not to exceed ty to administer the laws enacted by the to applicable regulations or labeling instruc- $90,000 for employment under 5 U.S.C. 3109, Congress for the Food Safety and Inspection tions provided at the time of use and the $49,152,000, including funds for the wholesale Service, $446,000. contamination is not due to the fault of the market development program for the design FOOD SAFETY AND INSPECTION SERVICE farmer, $450,000, to remain available until ex- and development of wholesale and farmer pended (7 U.S.C. 2209b): Provided, That none market facilities for the major metropolitan For necessary expenses to carry out serv- of the funds contained in this Act shall be areas of the country: Provided, That this ap- ices authorized by the Federal Meat Inspec- used to make indemnity payments to any propriation shall be available pursuant to tion Act, the Poultry Products Inspection farmer whose milk was removed from com- law (7 U.S.C. 2250) for the alteration and re- Act, and the Egg Products Inspection Act, mercial markets as a result of the farmer’s pair of buildings and improvements, but the $652,955,000, and in addition, $1,000,000 may be willful failure to follow procedures pre- cost of altering any one building during the credited to this account from fees collected scribed by the Federal Government: Provided fiscal year shall not exceed 10 percent of the for the cost of laboratory accreditation as further, That this amount shall be trans- current replacement value of the building. authorized by section 1017 of Public Law 102– Fees may be collected for the cost of stand- 237: Provided, That this appropriation shall ferred to the Commodity Credit Corporation: ardization activities, as established by regu- not be available for shell egg surveillance Provided further, That the Secretary is au- lation pursuant to law (31 U.S.C. 9701). under section 5(d) of the Egg Products In- thorized to utilize the services, facilities, spection Act (21 U.S.C. 1034(d)): Provided fur- and authorities of the Commodity Credit LIMITATION ON ADMINISTRATIVE LEVEL ther, That this appropriation shall be avail- Corporation for the purpose of making dairy Not to exceed $60,730,000 (from fees col- able for field employment pursuant to the indemnity disbursements. lected) shall be obligated during the current second sentence of section 706(a) of the Or- AGRICULTURAL CREDIT INSURANCE FUND fiscal year for administrative expenses: Pro- ganic Act of 1944 (7 U.S.C. 2225), and not to PROGRAM ACCOUNT vided, That if crop size is understated and/or exceed $75,000 shall be available for employ- (INCLUDING TRANSFERS OF FUNDS) other uncontrollable events occur, the agen- ment under 5 U.S.C. 3109: Provided further, cy may exceed this limitation by up to 10 For gross obligations for the principal That this appropriation shall be available amount of direct and guaranteed loans as au- percent with notification to the Appropria- pursuant to law (7 U.S.C. 2250) for the alter- tions Committees. thorized by 7 U.S.C. 1928–1929, to be available ation and repair of buildings and improve- from funds in the Agricultural Credit Insur- FUNDS FOR STRENGTHENING MARKETS, INCOME, ments, but the cost of altering any one AND SUPPLY (SECTION 32) ance Fund, as follows: farm ownership loans, building during the fiscal year shall not ex- $559,422,000, of which $431,373,000 shall be for (INCLUDING TRANSFERS OF FUNDS) ceed 10 percent of the current replacement guaranteed loans; operating loans, Funds available under section 32 of the Act value of the building. $2,295,284,000, of which $1,697,842,000 shall be of August 24, 1935 (7 U.S.C. 612c) shall be used OFFICE OF THE UNDER SECRETARY FOR FARM for unsubsidized guaranteed loans and only for commodity program expenses as au- AND FOREIGN AGRICULTURAL SERVICES $97,442,000 shall be for subsidized guaranteed thorized therein, and other related operating For necessary salaries and expenses of the loans; Indian tribe land acquisition loans as expenses, except for: (1) transfers to the De- Office of the Under Secretary for Farm and authorized by 25 U.S.C. 488, $1,028,000; for partment of Commerce as authorized by the Foreign Agricultural Services to administer emergency insured loans, $53,000,000 to meet Fish and Wildlife Act of August 8, 1956; (2) the laws enacted by Congress for the Farm the needs resulting from natural disasters; transfers otherwise provided in this Act; and Service Agency, the Foreign Agricultural and for boll weevil eradication program (3) not more than $12,443,000 for formulation Service, the Risk Management Agency, and loans as authorized by 7 U.S.C. 1989, and administration of marketing agreements the Commodity Credit Corporation, $572,000. $100,000,000. and orders pursuant to the Agricultural Mar- FARM SERVICE AGENCY For the cost of direct and guaranteed keting Agreement Act of 1937 and the Agri- loans, including the cost of modifying loans cultural Act of 1961. SALARIES AND EXPENSES as defined in section 502 of the Congressional PAYMENTS TO STATES AND POSSESSIONS (INCLUDING TRANSFERS OF FUNDS) Budget Act of 1974, as follows: farm owner- For payments to departments of agri- For necessary expenses for carrying out ship loans, $7,243,000, of which $2,416,000 shall culture, bureaus and departments of mar- the administration and implementation of be for guaranteed loans; operating loans, H3782 CONGRESSIONAL RECORD — HOUSE June 8, 1999 $61,825,000, of which $23,940,000 shall be for farm irrigation and land drainage and such this appropriation shall be available for em- unsubsidized guaranteed loans and $8,585,000 special measures for soil and water manage- ployment pursuant to the second sentence of shall be for subsidized guaranteed loans; In- ment as may be necessary to prevent floods section 706(a) of the Organic Act of 1944 (7 dian tribe land acquisition loans as author- and the siltation of reservoirs and to control U.S.C. 2225), and not to exceed $200,000 shall ized by 25 U.S.C. 488, $21,000; and for emer- agricultural related pollutants); operation of be available for employment under 5 U.S.C. gency insured loans, $8,231,000 to meet the conservation plant materials centers; classi- 3109: Provided further, That not to exceed needs resulting from natural disasters. fication and mapping of soil; dissemination $1,000,000 of this appropriation is available to In addition, for administrative expenses of information; acquisition of lands, water, carry out the purposes of the Endangered necessary to carry out the direct and guar- and interests therein for use in the plant ma- Species Act of 1973 (Public Law 93–205), in- anteed loan programs, $214,161,000, of which terials program by donation, exchange, or cluding cooperative efforts as contemplated $209,861,000 shall be transferred to and purchase at a nominal cost not to exceed $100 by that Act to relocate endangered or merged with the appropriation for ‘‘Farm pursuant to the Act of August 3, 1956 (7 threatened species to other suitable habitats Service Agency, Salaries and Expenses’’. U.S.C. 428a); purchase and erection or alter- as may be necessary to expedite project con- ation or improvement of permanent and tem- RISK MANAGEMENT AGENCY struction. porary buildings; and operation and mainte- For administrative and operating expenses, RESOURCE CONSERVATION AND DEVELOPMENT nance of aircraft, $654,243,000, to remain For necessary expenses in planning and as authorized by the Federal Agriculture Im- available until expended (7 U.S.C. 2209b), of provement and Reform Act of 1996 (7 U.S.C. carrying out projects for resource conserva- which not less than $6,124,000 is for snow sur- tion and development and for sound land use 6933), $70,716,000: Provided, That not to exceed vey and water forecasting and not less than $700 shall be available for official reception pursuant to the provisions of section 32(e) of $9,238,000 is for operation and establishment title III of the Bankhead-Jones Farm Tenant and representation expenses, as authorized of the plant materials centers: Provided, Act (7 U.S.C. 1010–1011; 76 Stat. 607), the Act by 7 U.S.C. 1506(i). That appropriations hereunder shall be of April 27, 1935 (16 U.S.C. 590a–f), and the Ag- CORPORATIONS available pursuant to 7 U.S.C. 2250 for con- riculture and Food Act of 1981 (16 U.S.C. 3451– struction and improvement of buildings and The following corporations and agencies 3461), $35,265,000, to remain available until public improvements at plant materials cen- are hereby authorized to make expenditures, expended (7 U.S.C. 2209b): Provided, That this ters, except that the cost of alterations and within the limits of funds and borrowing au- appropriation shall be available for employ- improvements to other buildings and other thority available to each such corporation or ment pursuant to the second sentence of sec- public improvements shall not exceed agency and in accord with law, and to make tion 706(a) of the Organic Act of 1944 (7 U.S.C. $250,000: Provided further, That when build- contracts and commitments without regard 2225), and not to exceed $50,000 shall be avail- ings or other structures are erected on non- to fiscal year limitations as provided by sec- able for employment under 5 U.S.C. 3109. Federal land, that the right to use such land tion 104 of the Government Corporation Con- TITLE III trol Act as may be necessary in carrying out is obtained as provided in 7 U.S.C. 2250a: Pro- the programs set forth in the budget for the vided further, That this appropriation shall RURAL DEVELOPMENT PROGRAMS current fiscal year for such corporation or be available for technical assistance and re- OFFICE OF THE UNDER SECRETARY FOR RURAL agency, except as hereinafter provided. lated expenses to carry out programs author- DEVELOPMENT ized by section 202(c) of title II of the Colo- FEDERAL CROP INSURANCE CORPORATION FUND For necessary salaries and expenses of the rado River Basin Salinity Control Act of 1974 Office of the Under Secretary for Rural De- For payments as authorized by section 516 (43 U.S.C. 1592(c)): Provided further, That no velopment to administer programs under the of the Federal Crop Insurance Act, such part of this appropriation may be expended laws enacted by the Congress for the Rural sums as may be necessary, to remain avail- for soil and water conservation operations Housing Service, the Rural Business-Cooper- able until expended (7 U.S.C. 2209b). under the Act of April 27, 1935 in demonstra- ative Service, and the Rural Utilities Service COMMODITY CREDIT CORPORATION FUND tion projects: Provided further, That this ap- of the Department of Agriculture, $588,000. REIMBURSEMENT FOR NET REALIZED LOSSES propriation shall be available for employ- RURAL COMMUNITY ADVANCEMENT PROGRAM ment pursuant to the second sentence of sec- For fiscal year 2000, such sums as may be (INCLUDING TRANSFERS OF FUNDS) tion 706(a) of the Organic Act of 1944 (7 U.S.C. necessary to reimburse the Commodity Cred- 2225), and not to exceed $25,000 shall be avail- For the cost of direct loans, loan guaran- it Corporation for net realized losses sus- able for employment under 5 U.S.C. 3109: Pro- tees, and grants, as authorized by 7 U.S.C. tained, but not previously reimbursed (esti- vided further, That qualified local engineers 1926, 1926a, 1926c, 1926d, and 1932, except for mated to be $14,368,000,000 in the President’s may be temporarily employed at per diem sections 381E, 381G, 381H, 381N, and 381O of fiscal year 2000 Budget Request (H. Doc. 106– rates to perform the technical planning work the Consolidated Farm and Rural Develop- 3)), but not to exceed $14,368,000,000, pursuant of the Service (16 U.S.C. 590e–2). ment Act (7 U.S.C. 2009f), $666,103,000, to re- to section 2 of the Act of August 17, 1961 (15 main available until expended, of which U.S.C. 713a–11). WATERSHED SURVEYS AND PLANNING $34,387,000 shall be for rural community pro- For necessary expenses to conduct re- OPERATIONS AND MAINTENANCE FOR grams described in section 381E(d)(1) of such search, investigation, and surveys of water- HAZARDOUS WASTE MANAGEMENT Act; of which $579,216,000 shall be for the sheds of rivers and other waterways, and for For fiscal year 2000, the Commodity Credit rural utilities programs described in sections small watershed investigations and planning, 381E(d)(2), 306C(a)(2), and 306D of such Act; Corporation shall not expend more than in accordance with the Watershed Protection $5,000,000 for expenses to comply with the re- and of which $52,500,000 shall be for the rural and Flood Prevention Act approved August business and cooperative development pro- quirement of section 107(g) of the Com- 4, 1954 (16 U.S.C. 1001–1009), $10,368,000: Pro- prehensive Environmental Response, Com- grams described in sections 381E(d)(3) and vided, That this appropriation shall be avail- 310B(f) of such Act: Provided, That of the pensation, and Liability Act, 42 U.S.C. able for employment pursuant to the second 9607(g), and section 6001 of the Resource Con- amount appropriated for rural community sentence of section 706(a) of the Organic Act programs, $5,000,000 shall be made available servation and Recovery Act, 42 U.S.C. 6961: of 1944 (7 U.S.C. 2225), and not to exceed Provided, That expenses shall be for oper- for hazardous weather early warning sys- $110,000 shall be available for employment tems; and $6,000,000 shall be available for a ations and maintenance costs only and that under 5 U.S.C. 3109. other hazardous waste management costs Rural Community Development Initiative: shall be paid for by the USDA Hazardous WATERSHED AND FLOOD PREVENTION Provided further, That of the amount appro- Waste Management appropriation in this OPERATIONS priated for the rural business and coopera- Act. For necessary expenses to carry out pre- tive development programs, not to exceed ventive measures, including but not limited $500,000 shall be made available for a grant to TITLE II to research, engineering operations, methods a qualified national organization to provide CONSERVATION PROGRAMS of cultivation, the growing of vegetation, re- technical assistance for rural transportation OFFICE OF THE UNDER SECRETARY FOR habilitation of existing works and changes in in order to promote economic development; NATURAL RESOURCES AND ENVIRONMENT use of land, in accordance with the Water- and $5,000,000 shall be made available for For necessary salaries and expenses of the shed Protection and Flood Prevention Act partnership technical assistance grants to Office of the Under Secretary for Natural Re- approved August 4, 1954 (16 U.S.C. 1001–1005 rural communities: Provided further, That of sources and Environment to administer the and 1007–1009), the provisions of the Act of the amount appropriated for rural utilities laws enacted by the Congress for the Forest April 27, 1935 (16 U.S.C. 590a–f), and in accord- programs, not to exceed $20,000,000 shall be Service and the Natural Resources Conserva- ance with the provisions of laws relating to for water and waste disposal systems to ben- tion Service, $693,000. the activities of the Department, $99,443,000, efit the Colonias along the United States/ to remain available until expended (7 U.S.C. Mexico border, including grants pursuant to NATURAL RESOURCES CONSERVATION SERVICE 2209b) (of which up to $15,000,000 may be section 306C of such Act; not to exceed CONSERVATION OPERATIONS available for the watersheds authorized $20,000,000 shall be for water and waste dis- For necessary expenses for carrying out under the Flood Control Act approved June posal systems for rural and native villages in the provisions of the Act of April 27, 1935 (16 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Alaska pursuant to section 306D of such Act; U.S.C. 590a–f), including preparation of con- Provided, That not to exceed $47,000,000 of not to exceed $16,215,000 shall be for tech- servation plans and establishment of meas- this appropriation shall be available for nical assistance grants for rural waste sys- ures to conserve soil and water (including technical assistance: Provided further, That tems pursuant to section 306(a)(14) of such June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3783 Act; and not to exceed $5,300,000 shall be for develop their own innovative programs, $25,000,000 for section 514 farm labor housing; contracting with qualified national organiza- this would be a means by which tour- $120,000,000 for section 515 rental housing; tions for a circuit rider program to provide ism dollars can come into the hands of $5,152,000 for section 524 site loans; $7,503,000 technical assistance for rural water systems: farmers and I think would well serve for credit sales of acquired property, of Provided further, That of the total amount which up to $1,250,000 may be for multi-fam- appropriated, not to exceed $45,245,000 shall rural America. ily credit sales; and $5,000,000 for section 523 be available through June 30, 2000, for em- My understanding, Mr. Chairman, is self-help housing land development loans. powerment zones and enterprise commu- that the chairman of the committee For the cost of direct and guaranteed nities, as authorized by Public Law 103–66, of has agreed to accept this amendment. I loans, including the cost of modifying loans, which $2,106,000 shall be for rural community am very grateful to him for that. as defined in section 502 of the Congressional programs described in section 381E(d)(1) of Mr. SKEEN. Mr. Chairman, if the Budget Act of 1974, as follows: section 502 the Consolidated Farm and Rural Develop- gentleman will yield, this amendment loans, $133,620,000, of which $19,520,000 shall ment Act; of which $34,704,000 shall be for the has a lot of value for the rural parts of be for unsubsidized guaranteed loans; section 504 housing repair loans, $9,900,000; section rural utilities programs described in section the United States. We have a program 381E(d)(2) of such Act; of which $8,435,000 538 multi-family housing guaranteed loans, shall be for the rural business and coopera- in New Mexico that was patterned after $480,000; section 514 farm labor housing, tive development programs described in sec- the same one that the gentleman is $11,308,000; section 515 rental housing, tion 381E(d)(3) of such Act: Provided further, headed for. We accept the amendment. $47,616,000; section 524 site loans, $4,000; cred- That any obligated and unobligated balances Ms. KAPTUR. Mr. Chairman, will the it sales of acquired property, $874,000, of available from prior years for the ‘‘Rural gentleman yield? which up to $494,250 may be for multi-family Utilities Assistance Program’’ account shall Mr. SANDERS. I yield to the gentle- credit sales; and section 523 self-help housing be transferred to and merged with this ac- woman from Ohio. land development loans, $281,000: Provided, count. Ms. KAPTUR. I thank the gentleman That of the total amount appropriated in this paragraph, $9,829,000 shall be for em- AMENDMENT NO. 12 OFFERED BY MR. SANDERS for yielding. I just wanted to rise in Mr. SANDERS. Mr. Chairman, I offer powerment zones and enterprise commu- support of this important amendment nities, as authorized by Public Law 103–66, an amendment. and to say that we would certainly empowerment zones as authorized by Section The CHAIRMAN. The Clerk will des- want to encourage the Department of 951 of the Taxpayer Relief Act of 1997 (Public ignate the amendment. Agriculture to do as good a job as pos- Law 105–34), enterprise communities as au- The text of the amendment is as fol- sible on linking many of the rural thorized by Division A, Title VII, Section 766 lows: events around the country, many of of the Fiscal Year 1999 Omnibus Appropria- Amendment No. 12 offered by Mr. SANDERS: our special fairs, rural shows, whether tions Act (Public Law 105–277), and commu- nities designated by the Secretary of Agri- Page 35, line 7 (relating to the rural com- it is equipment, whether it is planting munity advancement program), insert after culture as Rural Economic Area Partnership the dollar amount the following: ‘‘(increased or whatever it might be. This is an in- Zones: Provided further, That if such funds by $3,000,000)’’. credible display of American innova- are not obligated for empowerment zones Page 53, line 7 (relating to ocean freight tion and creativity. I just really want and enterprise communities by June 30, 2000, differential grants), insert after the dollar to compliment the gentleman from they shall remain available for other author- amount the following: ‘‘(reduced by Vermont (Mr. SANDERS) for seeing this ized purposes under this head. $3,000,000)’’. opportunity which can benefit In addition, for administrative expenses Mr. SANDERS. Mr. Chairman, the Vermont, an incredible State. I am so necessary to carry out the direct and guar- amendment I am offering would pro- anteed loan programs, $377,879,000, which happy to have traveled there myself, shall be transferred to and merged with the vide $1 million in the rural community just the sheer beauty of it would be of appropriation for ‘‘Rural Housing Service, advancement program in order to fund interest to our own people and people Salaries and Expenses’’. a national pilot program to promote from abroad, but all of the counties AMENDMENT NO. 18 OFFERED BY MS. KAPTUR agritourism. The purpose of this pro- and townships and communities across Ms. KAPTUR. Mr. Chairman, I offer gram is to provide another means of in- the country that are bringing forth an amendment. come for America’s struggling family their wares and their culture and to The CHAIRMAN. The Clerk will des- farmers. I think the plight of the fam- make this more open and available to ignate the amendment. ily farmer in America is well docu- people who are touring. I just think the The text of the amendment is as fol- mented and I do not need to get into it gentleman has an excellent idea and lows: at this time. But I believe that the support this amendment. Amendment No. 18 offered by Ms. body here knows that many, many Mr. SANDERS. I thank both the KAPTUR: thousands of hardworking family farm- chairman and the ranking member In the third paragraph under the headings ers are struggling to keep their farms very much for their support. The bot- ‘‘RURAL HOUSING SERVICE’’ and ‘‘RURAL HOUS- ING INSURANCE FUND PROGRAM ACCOUNT (IN- afloat and to keep their heads above tom line is that we are all fighting CLUDING TRANSFERS OF FUNDS)’’, strike the water. I am impressed with the work very hard to see that our family farm- period at the end of the paragraph and insert done in the chairman’s home State of ers survive. Agritourism is one way we the following: ‘‘: Provided, That of this New Mexico with agritourism, and I can get some cash into the pockets of amount the Secretary of Agriculture may know the gentleman from New Mexico our family farmers. I thank both the transfer up to $7,000,000 to the appropriation has been very active in this program. I chairman and the ranking member for for ‘Outreach for Socially Disadvantaged think it would be very useful to farm- their support. Farmers’.’’. ers in the State of Vermont and farm- The CHAIRMAN. The question is on Ms. KAPTUR. Mr. Chairman, this ers throughout this country to expand the amendment offered by the gen- amendment relates to a special effort this general concept into a national tleman from Vermont (Mr. SANDERS). for outreach for our socially disadvan- program. The concept here is that in The amendment was agreed to. taged farmers. Members might recall, States throughout this country, tour- The CHAIRMAN. The Clerk will read. last year we made an effort to try to ism brings in substantial sums of The Clerk read as follows: help the Department of Agriculture to money. One of the reasons people come RURAL HOUSING SERVICE resolve former civil rights problems to the State of Vermont or come to RURAL HOUSING INSURANCE FUND PROGRAM that existed with loan programs and many of the other beautiful States in ACCOUNT programs that were there to reach this country is because of the work (INCLUDING TRANSFERS OF FUNDS) many of the small-scale farmers and done by family farmers in keeping the For gross obligations for the principal ranchers, those grants that go through land open and keeping our landscape amount of direct and guaranteed loans as au- our 1890 and 1862 land grant institu- beautiful. thorized by title V of the Housing Act of tions, American Indian community col- Unfortunately, in many areas 1949, to be available from funds in the rural leges, Hispanic- and Latino-serving in- throughout the State, the farmers housing insurance fund, as follows: stitutions, as well as all minorities in- themselves do not substantially benefit $4,537,632,000 for loans to section 502 bor- volved in agriculture. I think we did a rowers, as determined by the Secretary, of from the tourism that comes into rural which $3,200,000,000 shall be for unsubsidized good job of it. We took the unusual areas. So it seems to me that if we guaranteed loans; $32,400,000 for section 504 step of waiving statutes of limitation could get a pilot program developed at housing repair loans; $100,000,000 for section to allow complaints involving racial the Federal level by which States can 538 guaranteed multi-family housing loans; discrimination to move forward. This H3784 CONGRESSIONAL RECORD — HOUSE June 8, 1999 amendment this year would not in- The Clerk read as follows: 2225), and not to exceed $520,000 may be used crease the budget but would merely RENTAL ASSISTANCE PROGRAM for employment under 5 U.S.C. 3109: Provided further, That the Administrator may expend allow the Secretary of Agriculture to For rental assistance agreements entered not more than $10,000 to provide modest non- into or renewed pursuant to the authority transfer up to $7 million from the rural monetary awards to non-USDA employees. housing salaries and expenses account under section 521(a)(2) or agreements entered RURAL BUSINESS-COOPERATIVE SERVICE to this program. If the Secretary uses into in lieu of debt forgiveness or payments RURAL DEVELOPMENT LOAN FUND PROGRAM the full authority to do that, that for eligible households as authorized by sec- tion 502(c)(5)(D) of the Housing Act of 1949, as ACCOUNT would mean that this outreach pro- amended, $583,400,000; and, in addition, such (INCLUDING TRANSFERS OF FUNDS) gram for socially disadvantaged farm- sums as may be necessary, as authorized by For the cost of direct loans, $22,799,000, as ers would be brought up to the $10 mil- section 521(c) of the Act, to liquidate debt in- authorized by the Rural Development Loan lion request level by the administra- curred prior to fiscal year 1992 to carry out Fund (42 U.S.C. 9812(a)): Provided, That such tion for fiscal year 2000. This program the rental assistance program under section costs, including the cost of modifying such is important, because it provides tech- 521(a)(2) of the Act: Provided, That of this loans, shall be as defined in section 502 of the nical and managerial assistance to amount, not more than $5,900,000 shall be Congressional Budget Act of 1974: Provided small-scale farmers and ranchers. available for debt forgiveness or payments further, That these funds are available to for eligible households as authorized by sec- There is a particular emphasis in the subsidize gross obligations for the principal tion 502(c)(5)(D) of the Act, and not to exceed amount of direct loans of $52,495,000: Provided program on farmers from minority $10,000 per project for advances to nonprofit further, That of the total amount appro- groups, but the program is not just organizations or public agencies to cover di- priated, $4,343,000 shall be available for the limited to racial or ethnic minorities. rect costs (other than purchase price) in- cost of direct loans for empowerment zones It is carried out through grants to col- curred in purchasing projects pursuant to and enterprise communities, as authorized leges and universities, including the section 502(c)(5)(C) of the Act: Provided fur- by Public Law 103–66, empowerment zones as 1890 and 1862 land grant institutions, ther, That agreements entered into or re- authorized by Section 951 of the Taxpayer American Indian community colleges newed during fiscal year 2000 shall be funded Relief Act of 1997 (Public Law 105–34), enter- for a five-year period, although the life of and Hispanic- and Latino-serving insti- prise communities as authorized by Division any such agreement may be extended to A, Title VII, Section 766 of the Fiscal Year tutions as well as through grants to fully utilize amounts obligated. 1999 Omnibus Appropriations Act (Public community-based organizations MUTUAL AND SELF-HELP HOUSING GRANTS Law 105–277), and communities designated by throughout our country. These institu- For grants and contracts pursuant to sec- the Secretary of Agriculture as Rural Eco- tions and organizations in turn provide tion 523(b)(1)(A) of the Housing Act of 1949 (42 nomic Area Partnership Zones, to subsidize intensive training and management as- U.S.C. 1490c), $28,000,000, to remain available gross obligations for the principal amount of sistance to small farmers and ranchers. until expended (7 U.S.C. 2209b): Provided, direct loans, $10,000,000: Provided further, This assistance includes, for example, That of the total amount appropriated, That if such funds are not obligated for em- preparing individualized farm plans, $1,000,000 shall be for empowerment zones powerment zones and enterprise commu- nities by June 30, 2000, they shall remain helping in upgrading accounting sys- and enterprise communities, as authorized by Public Law 103–66, empowerment zones as available for other authorized purposes tems, and applying for credit, aid and authorized by Section 951 of the Taxpayer under this head. better understanding and taking ad- Relief Act of 1997 (Public Law 105–34), enter- In addition, for administrative expenses to vantage of USDA programs and serv- prise communities as authorized by Division carry out the direct loan programs, $3,337,000 ices. A, Title VII, Section 766 of the Fiscal Year shall be transferred to and merged with the This outreach is especially crucial 1999 Omnibus Appropriations Act (Public appropriation for ‘‘Rural Business-Coopera- now because of the crisis afflicting Law 105–277), and communities designated by tive Service, Salaries and Expenses’’. rural America. And it is vital to help- the Secretary of Agriculture as Rural Eco- RURAL ECONOMIC DEVELOPMENT LOANS ing small and minority farmers and nomic Area Partnership Zones: Provided fur- PROGRAM ACCOUNT ther, That if such funds are not obligated for (INCLUDING TRANSFERS OF FUNDS) ranchers weather these hard times and empowerment zones and enterprise commu- stay on the land. I think it also adds to For the principal amount of direct loans, nities by June 30, 2000, they shall remain as authorized under section 313 of the Rural an important civil rights sensitivity available for other authorized purposes Electrification Act, for the purpose of pro- that we need to continue pressing at under this head. moting rural economic development and job the U.S. Department of Agriculture. RURAL HOUSING ASSISTANCE GRANTS creation projects, $15,000,000. I want to compliment Secretary For grants and contracts for housing for For the cost of direct loans, including the Glickman and his staff for being open domestic farm labor, very low-income hous- cost of modifying loans as defined in section to the efforts of this Congress to serve ing repair, supervisory and technical assist- 502 of the Congressional Budget Act of 1974, all of America. For these reasons, I am ance, compensation for construction defects, $3,453,000. and rural housing preservation made by the Of the funds derived from interest on the pleased to offer this amendment. I cushion of credit payments in fiscal year greatly appreciate the support of the Rural Housing Service, as authorized by 42 U.S.C. 1474, 1479(c), 1486, 1490e, and 1490m, 2000, as authorized by section 313 of the gentleman from New Mexico for this $50,000,000, to remain available until ex- Rural Electrification Act of 1936, $3,453,000 initiative, and I urge adoption of the pended: Provided, That of the total amount shall not be obligated and $3,453,000 are re- amendment. appropriated, $3,250,000 shall be for empower- scinded. Mr. SKEEN. Mr. Chairman, I support ment zones and enterprise communities, as RURAL COOPERATIVE DEVELOPMENT GRANTS the adoption of the gentlewoman’s authorized by Public Law 103–66, empower- For rural cooperative development grants amendment. I thank her for her con- ment zones as authorized by Section 951 of authorized under section 310B(e) of the Con- cern. The committee has increased the Taxpayer Relief Act of 1997 (Public Law solidated Farm and Rural Development Act funding for civil rights programs at 105–34), enterprise communities as author- (7 U.S.C. 1932), $6,000,000, of which $1,500,000 ized by Division A, Title VII, Section 766 of shall be available for cooperative agreements USDA in the past several years but the Fiscal Year 1999 Omnibus Appropriations for the appropriate technology transfer for progress has fallen far short of their Act (Public Law 105–277), and communities rural areas program and $1,500,000 for cooper- expectation. designated by the Secretary of Agriculture ative research agreements. b 1230 as Rural Economic Area Partnership Zones: SALARIES AND EXPENSES Provided further, That if such funds are not For necessary expenses of the Rural Busi- The 2501 program has been moved obligated for empowerment zones and enter- ness-Cooperative Service, including admin- within the bureaucracy several times, prise communities by June 30, 2000, they istering the programs authorized by the Con- and it has never been audited. I believe shall remain available for other authorized solidated Farm and Rural Development Act; the committee should look carefully at purposes under this head. section 1323 of the Food Security Act of 1985; this program again next year to make SALARIES AND EXPENSES the Cooperative Marketing Act of 1926; for sure that eligible farmers and ranchers For necessary expenses of the Rural Hous- activities relating to the marketing aspects get the full benefit of this particular ing Service, including administering the pro- of cooperatives, including economic research amendment. grams authorized by the Consolidated Farm findings, as authorized by the Agricultural and Rural Development Act, title V of the Marketing Act of 1946; for activities with in- The CHAIRMAN. The question is on Housing Act of 1949, and cooperative agree- stitutions concerning the development and the amendment offered by the gentle- ments, $61,979,000: Provided, That this appro- operation of agricultural cooperatives; and woman from Ohio (Ms. KAPTUR). priation shall be available for employment for cooperative agreements; $24,612,000: Pro- The amendment was agreed to. pursuant to the second sentence of section vided, That this appropriation shall be avail- The CHAIRMAN. The Clerk will read. 706(a) of the Organic Act of 1944 (7 U.S.C. able for employment pursuant to the second June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3785

sentence of section 706(a) of the Organic Act TITLE IV COMMODITY ASSISTANCE PROGRAM of 1944 (7 U.S.C. 2225), and not to exceed DOMESTIC FOOD PROGRAMS For necessary expenses to carry out the $260,000 may be used for employment under 5 OFFICE OF THE UNDER SECRETARY FOR FOOD, commodity supplemental food program as U.S.C. 3109. NUTRITION AND CONSUMER SERVICES authorized by section 4(a) of the Agriculture RURAL UTILITIES SERVICE For necessary salaries and expenses of the and Consumer Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food RURAL ELECTRIFICATION AND TELECOMMUNI- Office of the Under Secretary for Food, Nu- Assistance Act of 1983, $141,000,000, to remain CATIONS LOANS PROGRAM ACCOUNT trition and Consumer Services to administer the laws enacted by the Congress for the available through September 30, 2001: Pro- (INCLUDING TRANSFERS OF FUNDS) Food and Nutrition Service, $554,000. vided, That none of these funds shall be Insured loans pursuant to the authority of FOOD AND NUTRITION SERVICE available to reimburse the Commodity Cred- it Corporation for commodities donated to section 305 of the Rural Electrification Act CHILD NUTRITION PROGRAMS of 1936 (7 U.S.C. 935) shall be made as follows: the program. (INCLUDING TRANSFERS OF FUNDS) 5 percent rural electrification loans, FOOD DONATIONS PROGRAMS $121,500,000; 5 percent rural telecommuni- For necessary expenses to carry out the National School Lunch Act (42 U.S.C. 1751 et For necessary expenses to carry out sec- cations loans, $75,000,000; cost of money rural tion 4(a) of the Agriculture and Consumer telecommunications loans, $300,000,000; mu- seq.), except section 21, and the Child Nutri- tion Act of 1966 (42 U.S.C. 1771 et seq.), except Protection Act of 1973 (7 U.S.C. 612c note); nicipal rate rural electric loans, $295,000,000; sections 17 and 21; $9,547,028,000, to remain special assistance for the nuclear affected is- and loans made pursuant to section 306 of available through September 30, 2001, of lands as authorized by section 103(h)(2) of the that Act, rural electric, $1,500,000,000 and which $4,611,829,000 is hereby appropriated Compacts of Free Association Act of 1985, as rural telecommunications, $120,000,000, to re- and $4,935,199,000 shall be derived by transfer amended; and section 311 of the Older Ameri- main available until expended. from funds available under section 32 of the cans Act of 1965 (42 U.S.C. 3030a), $141,081,000, For the cost, as defined in section 502 of Act of August 24, 1935 (7 U.S.C. 612c): Pro- to remain available through September 30, the Congressional Budget Act of 1974, includ- vided, That none of the funds made available 2001. ing the cost of modifying loans, of direct and under this heading shall be used for studies FOOD PROGRAM ADMINISTRATION guaranteed loans authorized by the Rural and evaluations: Provided further, That up to For necessary administrative expenses of Electrification Act of 1936 (7 U.S.C. 935 and $4,363,000 shall be available for independent the domestic food programs funded under 936), as follows: cost of rural electric loans, verification of school food service claims: this Act, $108,561,000, of which $5,000,000 shall $11,922,000, and the cost of telecommuni- Provided further, That none of the funds cations loans, $3,210,000: Provided, That not- under this heading shall be available unless be available only for simplifying procedures, withstanding section 305(d)(2) of the Rural the value of bonus commodities provided reducing overhead costs, tightening regula- Electrification Act of 1936, borrower interest under section 32 of the Act of August 24, 1935 tions, improving food stamp coupon han- rates may exceed 7 percent per year. (49 Stat. 774, chapter 641; 7 U.S.C. 612c), and dling, and assistance in the prevention, iden- In addition, for administrative expenses section 416 of the Agricultural Act of 1949 (7 tification, and prosecution of fraud and other necessary to carry out the direct and guar- U.S.C. 1431) is included in meeting the min- violations of law: Provided, That this appro- anteed loan programs, $31,046,000, which shall imum commodity assistance requirement of priation shall be available for employment be transferred to and merged with the appro- section 6(g) of the National School Lunch pursuant to the second sentence of section priation for ‘‘Rural Utilities Service, Sala- Act (42 U.S.C. 1755(g)). 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be ries and Expenses’’. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM available for employment under 5 U.S.C. FOR WOMEN, INFANTS, AND CHILDREN (WIC) RURAL TELEPHONE BANK PROGRAM ACCOUNT 3109. (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the special supplemental nutrition program as TITLE V The Rural Telephone Bank is hereby au- authorized by section 17 of the Child Nutri- FOREIGN ASSISTANCE AND RELATED thorized to make such expenditures, within tion Act of 1966 (42 U.S.C. 1786), $4,005,000,000, PROGRAMS the limits of funds available to such corpora- to remain available through September 30, FOREIGN AGRICULTURAL SERVICE AND tion in accord with law, and to make such 2001: Provided, That none of the funds made GENERAL SALES MANAGER contracts and commitments without regard available under this heading shall be used for (INCLUDING TRANSFERS OF FUNDS) to fiscal year limitations as provided by sec- studies and evaluations: Provided further, tion 104 of the Government Corporation Con- That of the total amount available, the Sec- For necessary expenses of the Foreign Ag- trol Act, as may be necessary in carrying out retary shall obligate $10,000,000 for the farm- ricultural Service, including carrying out its authorized programs. During fiscal year ers’ market nutrition program within 45 title VI of the Agricultural Act of 1954 (7 2000 and within the resources and authority days of the enactment of this Act, and an ad- U.S.C. 1761–1768), market development activi- available, gross obligations for the principal ditional $5,000,000 for the farmers’ market ties abroad, and for enabling the Secretary amount of direct loans shall be $175,000,000. nutrition program from any funds not need- to coordinate and integrate activities of the For the cost, as defined in section 502 of ed to maintain current caseload levels: Pro- Department in connection with foreign agri- the Congressional Budget Act of 1974, includ- vided further, That none of the funds in this cultural work, including not to exceed ing the cost of modifying loans, of direct Act shall be available to pay administrative $128,000 for representation allowances and for loans authorized by the Rural Electrification expenses of WIC clinics except those that expenses pursuant to section 8 of the Act ap- Act of 1936 (7 U.S.C. 935), $3,290,000. have an announced policy of prohibiting proved August 3, 1956 (7 U.S.C. 1766), In addition, for administrative expenses smoking within the space used to carry out $137,768,000: Provided, That the Service may necessary to carry out the loan programs, the program: Provided further, That none of utilize advances of funds, or reimburse this $3,000,000, which shall be transferred to and the funds provided in this account shall be appropriation for expenditures made on be- merged with the appropriation for ‘‘Rural available for the purchase of infant formula half of Federal agencies, public and private Utilities Service, Salaries and Expenses’’. except in accordance with the cost contain- organizations and institutions under agree- ments executed pursuant to the agricultural DISTANCE LEARNING AND TELEMEDICINE ment and competitive bidding requirements food production assistance programs (7 PROGRAM specified in section 17 of the Child Nutrition Act of 1966. U.S.C. 1736) and the foreign assistance pro- For the cost of direct loans and grants, as grams of the United States Agency for Inter- FOOD STAMP PROGRAM authorized by 7 U.S.C. 950aaa et seq., national Development. For necessary expenses to carry out the $16,700,000, to remain available until ex- None of the funds in the foregoing para- Food Stamp Act (7 U.S.C. 2011 et seq.), pended, to be available for loans and grants graph shall be available to promote the sale $21,577,444,000, of which $100,000,000 shall be for telemedicine and distance learning serv- or export of tobacco or tobacco products. ices in rural areas: Provided, That the costs placed in reserve for use only in such PUBLIC LAW 480 PROGRAM ACCOUNT of direct loans shall be as defined in section amounts and at such times as may become 502 of the Congressional Budget Act of 1974. necessary to carry out program operations: For the cost, as defined in section 502 of Provided, That none of the funds made avail- the Congressional Budget Act of 1974, of Pub- SALARIES AND EXPENSES able under this head shall be used for studies lic Law 83–480 title I credit agreements, in- For necessary expenses of the Rural Utili- and evaluations: Provided further, That funds cluding the cost of modifying credit arrange- ties Service, including administering the provided herein shall be expended in accord- ments under said Act, $165,400,000, to remain programs authorized by the Rural Elec- ance with section 16 of the Food Stamp Act: available until expended. trification Act of 1936, and the Consolidated Provided further, That this appropriation In addition, for administrative expenses to Farm and Rural Development Act, and for shall be subject to any work registration or carry out such title I credit program, and cooperative agreements, $34,107,000: Provided, workfare requirements as may be required the Food for Progress Act of 1985, as amend- That this appropriation shall be available for by law: Provided further, That funds made ed, to the extent funds appropriated for Pub- employment pursuant to the second sentence available for Employment and Training lic Law 83–480 are utilized, $1,938,000, of of section 706(a) of the Organic Act of 1944 (7 under this head shall remain available until which not to exceed $1,093,000 may be trans- U.S.C. 2225), and not to exceed $105,000 may expended, as authorized by section 16(h)(1) of ferred to and merged with ‘‘Salaries and Ex- be used for employment under 5 U.S.C. 3109. the Food Stamp Act. penses’’, Foreign Agricultural Service, and of H3786 CONGRESSIONAL RECORD — HOUSE June 8, 1999 which not to exceed $845,000 may be trans- $100,180,000 shall be for payments to the Gen- I appreciate the committee’s state- ferred to and merged with ‘‘Salaries and Ex- eral Services Administration for rent and re- ment recognizing the value of this reg- penses’’, Farm Service Agency (7 U.S.C. 1691, lated costs. ulatory reform, but I am concerned 1701–04, 1731–36g–3, 2209b). In addition, mammography user fees au- thorized by 42 U.S.C. 263(b) may be credited that the necessary funds have yet to be PUBLIC LAW 480 TITLE I OCEAN FREIGHT appropriated since both the committee DIFFERENTIAL GRANTS to this account, to remain available until ex- pended. and the administration are counting on For expenses during the current fiscal In addition, export certification user fees the authorization of user fees. Al- year, not otherwise recoverable, and unre- authorized by 21 U.S.C. 381 may be credited covered prior years’ costs, including interest though the industries benefiting from to this account, to remain available until ex- this program are willing to support thereon under the Agricultural Trade Devel- pended. opment and Assistance Act of 1954, as reasonable use of fees, an authorization amended, $14,000,000, to remain available BUILDINGS AND FACILITIES by Congress this year is not guaran- until expended for ocean freight differential For plans, construction, repair, improve- teed. In fact, as of today no fee author- costs for the shipment of agricultural com- ment, extension, alteration, and purchase of ization bill has been introduced much modities pursuant to title I of said Act, in- fixed equipment or facilities of or used by the Food and Drug Administration, where less discussed in any detail. cluding Food for Progress programs as au- I just wanted to point this out and I thorized by the Food for Progress Act of 1985, not otherwise provided, $31,750,000, to remain as amended: Provided, That funds made available until expended (7 U.S.C. 2209b). say it would be a shame if this innova- available for the cost of title I agreements INDEPENDENT AGENCIES tive new program were to fall between and for title I ocean freight differential may COMMODITY FUTURES TRADING COMMISSION the cracks, and as this bill moves be used interchangeably between the two ac- For necessary expenses to carry out the along, in the process I would hope that counts (7 U.S.C. 1701b, 2209b). provisions of the Commodity Exchange Act the chairman and ranking member PUBLIC LAW 480 GRANTS—TITLES II AND III (7 U.S.C. 1 et seq.), including the purchase would work to assure that at least the (INCLUDING TRANSFERS OF FUNDS) and hire of passenger motor vehicles; the authorized levels of funding could be For expenses during the current fiscal rental of space (to include multiple year made available in the event that a fee year, not otherwise recoverable, and unre- leases) in the District of Columbia and else- system cannot be enacted in time for covered prior years’ costs, including interest where; and not to exceed $25,000 for employ- Fiscal Year 2000. thereon, under the Agricultural Trade Devel- ment under 5 U.S.C. 3109, $65,000,000, includ- ing not to exceed $2,000 for official reception The CHAIRMAN. The Clerk will read. opment and Assistance Act of 1954, as The Clerk read as follows: amended, $837,000,000 for commodities sup- and representation expenses: Provided, That plied in connection with dispositions abroad the Commission is authorized to charge rea- SEC. 703. Not less than $1,500,000 of the ap- pursuant to title II of said Act: Provided, sonable fees to attendees of Commission propriations of the Department of Agri- That sums made available to carry out title sponsored educational events and symposia culture in this Act for research and service II or title III of said Act shall remain avail- to cover the Commission’s costs of providing work authorized by the Acts of August 14, able until September 30, 2003 (7 U.S.C. 1691, those events and symposia, and notwith- 1946, and July 28, 1954 (7 U.S.C. 427 and 1621– 1721–26a, 1727–27e, 1731–36g–3, 1737, 2209b). standing 31 U.S.C. 3302, said fees shall be 1629), and by chapter 63 of title 31, United Of the funds made available by this Act to credited to this account, to be available States Code, shall be available for con- carry out the Agricultural Trade Develop- without further appropriation. tracting in accordance with said Acts and ment and Assistance Act of 1954, not to ex- FARM CREDIT ADMINISTRATION chapter. ceed 15 percent of the funds made available LIMITATION ON ADMINISTRATIVE EXPENSES SEC. 704. The cumulative total of transfers to carry out any title of said Act may be Not to exceed $35,800,000 (from assessments to the Working Capital Fund for the purpose used to carry out any other title of said Act. collected from farm credit institutions and of accumulating growth capital for data services and National Finance Center oper- COMMODITY CREDIT CORPORATION EXPORT from the Federal Agricultural Mortgage Cor- ations shall not exceed $2,000,000: Provided, LOANS PROGRAM ACCOUNT poration) shall be obligated during the cur- That no funds in this Act appropriated to an (INCLUDING TRANSFERS OF FUNDS) rent fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, agency of the Department shall be trans- For administrative expenses to carry out That this limitation shall not apply to ex- ferred to the Working Capital Fund without the Commodity Credit Corporation’s export penses associated with receiverships. the approval of the agency administrator. guarantee program, GSM 102 and GSM 103, TITLE VII—GENERAL PROVISIONS SEC. 705. New obligational authority pro- $4,085,000; to cover common overhead ex- vided for the following appropriation items penses as permitted by section 11 of the Com- SEC. 701. Within the unit limit of cost fixed in this Act shall remain available until ex- modity Credit Corporation Charter Act and by law, appropriations and authorizations pended (7 U.S.C. 2209b): Animal and Plant in conformity with the Federal Credit Re- made for the Department of Agriculture for Health Inspection Service, the contingency form Act of 1990, of which $3,413,000 may be the fiscal year 2000 under this Act shall be fund to meet emergency conditions, fruit fly transferred to and merged with the appro- available for the purchase, in addition to program, integrated systems acquisition priation for ‘‘Foreign Agricultural Service those specifically provided for, of not to ex- project, boll weevil program, up to 10 percent and General Sales Manager’’ and $672,000 ceed 365 passenger motor vehicles, of which of the screwworm program, and up to may be transferred to and merged with the 361 shall be for replacement only, and for the $2,000,000 for costs associated with collo- appropriation for ‘‘Farm Service Agency, hire of such vehicles. cating regional offices; Farm Service Agen- SEC. 702. Funds in this Act available to the Salaries and Expenses’’. cy, salaries and expenses funds made avail- Department of Agriculture shall be available TITLE VI able to county committees; and Foreign Ag- for uniforms or allowances therefor as au- ricultural Service, middle-income country FOOD AND DRUG ADMINISTRATION AND thorized by law (5 U.S.C. 5901–5902). RELATED AGENCIES training program. Mr. WISE. Mr. Chairman, I move to New obligational authority for the Food DEPARTMENT OF HEALTH AND HUMAN strike the last word. Safety and Inspection Service, field automa- SERVICES Mr. Chairman, it is not to offer an tion and information management project; FOOD AND DRUG ADMINISTRATION amendment. I just want to assure the funds appropriated for rental payments; SALARIES AND EXPENSES chairman and ranking member there funds for the Native American Institutions For necessary expenses of the Food and was a statement I wanted to make very Endowment Fund in the Cooperative State Drug Administration, including hire and pur- briefly concerning the Food and Drug Research, Education, and Extension Service; chase of passenger motor vehicles; for pay- and funds for the competitive research Administration Modernization Act grants (7 U.S.C. 450i(b)), shall remain avail- ment of space rental and related costs pursu- which was a significant reform allow- ant to Public Law 92–313 for programs and able until expended. activities of the Food and Drug Administra- ing for the expedited approval of food SEC. 706. No part of any appropriation con- tion which are included in this Act; for rent- contract substances principally used in tained in this Act shall remain available for al of special purpose space in the District of plastic, paper and aluminum food pack- obligation beyond the current fiscal year un- Columbia or elsewhere; and for miscella- aging, and under this innovative pro- less expressly so provided herein. neous and emergency expenses of enforce- gram approvals which currently take SEC. 707. Not to exceed $50,000 of the appro- ment activities, authorized and approved by unto 6 years can be accomplished in as priations available to the Department of Ag- the Secretary and to be accounted for solely little as 120 days while still assuring riculture in this Act shall be available to provide appropriate orientation and lan- on the Secretary’s certificate, not to exceed the safety of these materials. Employ- $25,000; $1,218,384,000, of which not to exceed guage training pursuant to Public Law 94– $145,434,000 in prescription drug user fees au- ers in my district would benefit from 449. thorized by 21 U.S.C. 379(h) may be credited this program which would speed the in- SEC. 708. No funds appropriated by this Act to this appropriation and remain available troduction of new packaging materials may be used to pay negotiated indirect cost until expended: Provided, That no more than and new uses for existing ones. rates on cooperative agreements or similar June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3787

arrangements between the United States De- ty and Inspection Service and a State or Co- SEC. 724. (a) None of the funds provided by partment of Agriculture and nonprofit insti- operator to carry out agricultural marketing this Act, or provided by previous Appropria- tutions in excess of 10 percent of the total di- programs, to carry out programs to protect tions Acts to the agencies funded by this Act rect cost of the agreement when the purpose the Nation’s animal and plant resources, or that remain available for obligation or ex- of such cooperative arrangements is to carry to carry out educational programs or special penditure in fiscal year 2000, or provided out programs of mutual interest between the studies to improve the safety of the Nation’s from any accounts in the Treasury of the two parties. This does not preclude appro- food supply. United States derived by the collection of priate payment of indirect costs on grants SEC. 717. Notwithstanding the Federal fees available to the agencies funded by this and contracts with such institutions when Grant and Cooperative Agreement Act, the Act, shall be available for obligation or ex- such indirect costs are computed on a simi- Natural Resources Conservation Service may penditure through a reprogramming of funds lar basis for all agencies for which appropria- enter into contracts, grants, or cooperative which: (1) creates new programs; (2) elimi- tions are provided in this Act. agreements with a State agency or subdivi- nates a program, project, or activity; (3) in- SEC. 709. Notwithstanding any other provi- sion, or a public or private organization, for creases funds or personnel by any means for sion of this Act, commodities acquired by the acquisition of goods or services, includ- any project or activity for which funds have the Department in connection with Com- ing personal services, to carry out natural been denied or restricted; (4) relocates an of- modity Credit Corporation and section 32 resources conservation activities: Provided, fice or employees; (5) reorganizes offices, price support operations may be used, as au- That Commodity Credit Corporation funds programs, or activities; or (6) contracts out thorized by law (15 U.S.C. 714c and 7 U.S.C. obligated for such purposes shall not exceed or privatizes any functions or activities pres- 612c), to provide commodities to individuals the level obligated by the Commodity Credit ently performed by Federal employees; un- in cases of hardship as determined by the Corporation for such purposes in fiscal year less the Committee on Appropriations of Secretary of Agriculture. 1998. both Houses of Congress are notified fifteen SEC. 710. None of the funds in this Act shall SEC. 718. None of the funds in this Act may days in advance of such reprogramming of be available to restrict the authority of the be used to retire more than 5 percent of the funds. (b) None of the funds provided by this Act, Commodity Credit Corporation to lease Class A stock of the Rural Telephone Bank or provided by previous Appropriations Acts space for its own use or to lease space on be- or to maintain any account or subaccount to the agencies funded by this Act that re- half of other agencies of the Department of within the accounting records of the Rural main available for obligation or expenditure Agriculture when such space will be jointly Telephone Bank the creation of which has not specifically been authorized by statute: in fiscal year 2000, or provided from any ac- occupied. counts in the Treasury of the United States SEC. 711. None of the funds in this Act shall Provided, That notwithstanding any other derived by the collection of fees available to be available to pay indirect costs charged provision of law, none of the funds appro- the agencies funded by this Act, shall be against agricultural research, education, or priated or otherwise made available in this Act may be used to transfer to the Treasury available for obligation or expenditure for extension grant awards issued by the Cooper- activities, programs, or projects through a ative State Research, Education, and Exten- or to the Federal Financing Bank any unob- ligated balance of the Rural Telephone Bank reprogramming of funds in excess of $500,000 sion Service that exceed 19 percent of total or 10 percent, whichever is less, that: (1) aug- Federal funds provided under each award: telephone liquidating account which is in ex- cess of current requirements and such bal- ments existing programs, projects, or activi- Provided, That notwithstanding section 1462 ties; (2) reduces by 10 percent funding for any of the National Agricultural Research, Ex- ance shall receive interest as set forth for fi- nancial accounts in section 505(c) of the Fed- existing program, project, or activity, or tension, and Teaching Policy Act of 1977 (7 numbers of personnel by 10 percent as ap- U.S.C. 3310), funds provided by this Act for eral Credit Reform Act of 1990. SEC. 719. Of the funds made available by proved by Congress; or (3) results from any grants awarded competitively by the Cooper- this Act, not more than $1,800,000 shall be general savings from a reduction in per- ative State Research, Education, and Exten- used to cover necessary expenses of activi- sonnel which would result in a change in ex- sion Service shall be available to pay full al- ties related to all advisory committees, pan- isting programs, activities, or projects as ap- lowable indirect costs for each grant award- els, commissions, and task forces of the De- proved by Congress; unless the Committee on ed under the Small Business Innovation De- partment of Agriculture, except for panels Appropriations of both Houses of Congress velopment Act of 1982, Public Law 97–219 (15 used to comply with negotiated rule makings are notified fifteen days in advance of such U.S.C. 638). and panels used to evaluate competitively reprogramming of funds. SEC. 712. Notwithstanding any other provi- SEC. 725. None of the funds appropriated or awarded grants: Provided, That interagency sion of this Act, all loan levels provided in otherwise made available by this Act or any funding is authorized to carry out the pur- this Act shall be considered estimates, not other Act may be used to pay the salaries poses of the National Drought Policy Com- limitations. and expenses of personnel to carry out the mission. SEC. 713. Appropriations for the Rural Fund for Rural America Program, authorized SEC. 720. None of the funds appropriated in Housing Insurance Fund Program Account this Act may be used to carry out the provi- by section 793 of Public Law 104–127, with the for the cost of direct and guaranteed loans sions of section 918 of Public Law 104–127, the exception of funds made available under that made available in fiscal years 1994, 1995, 1996, Federal Agriculture Improvement and Re- section on January 1, 1997. SEC. 726. None of the funds appropriated or 1997, 1998, and 1999 shall remain available form Act. otherwise made available by this Act shall until expended to cover obligations made in SEC. 721. No employee of the Department of be used to pay the salaries and expenses of each of those fiscal years respectively in ac- Agriculture may be detailed or assigned personnel who carry out an environmental cordance with 31 U.S.C. 1557. from an agency or office funded by this Act quality incentives program authorized by SEC. 714. Appropriations to the Department to any other agency or office of the Depart- sections 334–341 of Public Law 104–127 in ex- of Agriculture for the cost of direct and ment for more than 30 days unless the indi- cess of $174,000,000. guaranteed loans made available in fiscal vidual’s employing agency or office is fully year 2000 shall remain available until ex- SEC. 727. None of the funds appropriated or reimbursed by the receiving agency or office otherwise available to the Department of Ag- pended to cover obligations made in fiscal for the salary and expenses of the employee year 2000 for the following accounts: the riculture may be used to administer the pro- for the period of assignment. vision of contract payments to a producer rural development loan fund program ac- SEC. 722. None of the funds appropriated or count; the Rural Telephone Bank program under the Agricultural Market Transition otherwise made available to the Department Act (7 U.S.C. 7201 et seq.) for contract acre- account; the rural electrification and tele- of Agriculture shall be used to transmit or communications loans program account; the age on which wild rice is planted unless the otherwise make available to any non-Depart- contract payment is reduced by an acre for Rural Housing Insurance Fund Program Ac- ment of Agriculture employee questions or each contract acre planted to wild rice. count; and the rural economic development responses to questions that are a result of in- SEC. 728. None of the funds appropriated or loans program account. formation requested for the appropriations otherwise made available by this Act shall SEC. 715. Such sums as may be necessary hearing process. be used to pay the salaries and expenses of for fiscal year 2000 pay raises for programs SEC. 723. None of the funds made available personnel to enroll in excess of 120,000 acres funded by this Act shall be absorbed within to the Department of Agriculture by this Act in the fiscal year 2000 wetlands reserve pro- the levels appropriated by this Act. may be used to acquire new information gram as authorized by 16 U.S.C. 3837. SEC. 716. Notwithstanding the Federal technology systems or significant upgrades, SEC. 729. None of the funds appropriated or Grant and Cooperative Agreement Act, mar- as determined by the Office of the Chief In- otherwise made available by this or any keting services of the Agricultural Mar- formation Officer, without the approval of other Act shall be used to pay the salaries keting Service; Grain Inspection, Packers the Chief Information Officer and the con- and expenses of personnel to carry out the and Stockyards Administration; the Animal currence of the Executive Information Tech- provisions of section 401 of Public Law 105– and Plant Health Inspection Service; and the nology Investment Review Board: Provided, 185, the Initiative for Future Agriculture and food safety activities of the Food Safety and That notwithstanding any other provision of Food Systems. Inspection Service may use cooperative law, none of the funds appropriated or other- SEC. 730. Notwithstanding section 381A of agreements to reflect a relationship between wise made available by this Act may be the Consolidated Farm and Rural Develop- the Agricultural Marketing Service, the transferred to the Office of the Chief Infor- ment Act (7 U.S.C. 2009), the definitions of Grain Inspection, Packers and Stockyards mation Officer without the prior approval of rural areas for certain business programs ad- Administration, the Animal and Plant the Committee on Appropriations of both ministered by the Rural Business-Coopera- Health Inspection Service, or the Food Safe- Houses of Congress. tive Service and the community facilities H3788 CONGRESSIONAL RECORD — HOUSE June 8, 1999 programs administered by the Rural Housing make sure and put on the record that eign meat imported into this country Service shall be those provided for in statute there may be some remaining amend- adhere to the same rigorous standards and regulations prior to the enactment of ments. that our livestock producers here at Public Law 104–127. Mr. Chairman, I see the gentlewoman home must meet? SEC. 731. None of the funds appropriated or otherwise made available by this Act shall from Florida (Mrs. MEEK) is rising to Last year we know the Department, I be used to carry out any commodity pur- her feet here, and there may be some think the gentlewoman referenced, al- chase program that would prohibit eligi- other Members who were not aware lowed $3 billion, with a B, pounds of bility or participation by farmer-owned co- until just a few moments ago that this meat and poultry to be imported from operatives. bill would be on the floor and moving 32 foreign countries on to our shores. SEC. 732. None of the funds appropriated or as expeditiously as it has today. This amendment simply requires USDA otherwise made available by this Act shall to enforce our food safety laws and pro- be used to pay the salaries and expenses of b 1245 personnel to carry out a conservation farm tect our consumers. So I just wanted to reemphasize that I just want to make sure that the let- option program, as authorized by section 335 point and give our Members an oppor- of Public Law 104–127. ter from the National Cattlemen’s Beef SEC. 733. None of the funds appropriated by tunity to come to the floor. We have Association is entered into the RECORD this Act or any other Act shall be used to attempted to call their offices and so as part of this amendment, and I rise in pay the salaries and expenses of personnel forth. strong support of the gentlewoman’s who prepare or submit appropriations lan- AMENDMENT NO. 7 OFFERED BY MRS. MEEK OF amendment. guage as part of the President’s Budget sub- FLORIDA NATIONAL CATTLEMEN’S mission to the Congress of the United States Mrs. MEEK of Florida. Mr. Chair- BEEF ASSOCIATION, for programs under the jurisdiction of the man, I offer an amendment. Washington, DC, May 24, 1999. Appropriations Subcommittees on Agri- The CHAIRMAN. The Clerk will des- Hon. CARRIE P. MEEK, culture, Rural Development, and Related House of Representatives, Cannon House Office Agencies that assumes revenues or reflects a ignate the amendment. Building, Washington, DC. reduction from the previous year due to user The text of the amendment is as fol- DEAR REP. MEEK: On behalf of the members fees proposals that have not been enacted lows: of the National Cattlemen’s Beef Association into law prior to the submission of the Budg- Amendment No. 7 offered by Mrs. MEEK of (NCBA), I wanted to inform you that NCBA et unless such Budget submission identifies Florida: supports the language on inspection equiva- which additional spending reductions should Add before the short title the following lency you plan to offer to the FY 2000 House occur in the event the user fees proposals are new section: Agriculture Appropriations measure. We ap- not enacted prior to the date of the con- SEC. ll. After March 1, 2000, none of the preciate your staff reviewing the proposed vening of a committee of conference for the funds appropriated or otherwise available by amendment with us. fiscal year 2001 appropriations Act. this Act may be used by the Secretary of NCBA strongly supports measures that SEC. 734. None of the funds appropriated or Agriculture— work, through sound science, to ensure the otherwise made available by this Act shall (1) to permit the importation of meat or safety and wholesomeness of the U.S. food be used to establish an Office of Community meat food products under subsections (a) and supply. In addition, we are constantly en- Food Security or any similar office within (f) of section 20 of the Federal Meat Inspec- gaged in trade discussions and disputes with the United States Department of Agriculture tion Act (21 U.S.C. 620) from any foreign other countries who use the ‘‘equivalency’’ without the prior approval of the Committee country in violation of subsection (f) of such issue as a barrier to U.S. beef and other live- on Appropriations of both Houses of Con- section; and stock products. Your proposed amendment gress. (2) to permit the importation of poultry or certainly would reiterate the Secretary of SEC. 735. None of the funds appropriated or poultry products under subsection (a) of sec- Agriculture’s important role in making sure otherwise made available by this or any tion 17 of the Poultry Products Inspection that any beef, other meat, or poultry prod- other Act may be used to carry out the pro- Act (21 U.S.C. 466) from any foreign country ucts imported into the United States adhere visions of section 612 of Public Law 105–185, in violation of subsection (d) of such section. to the same rigorous standards that Amer- the National Swine Research Center. Mrs. MEEK of Florida. Mr. Chair- ica’s cattlemen and women, and other live- SEC. 736. (a) None of the funds appropriated or otherwise made available by this Act shall man, my amendment helps to protect stock producers meet. Thank you for your leadership on this mat- be used to pay the salaries and expenses of United States consumers from unsafe ter. We look forward to its successful inclu- personnel to carry out the emergency food foreign meat and poultry. What it does, sion in the Agriculture Appropriations pack- assistance program authorized by section it ensures fairness to protect our meat age. Please let us know if we can be of assist- 27(a) of the Food Stamp Act (7 U.S.C. 2036(a)) and our poultry products from unfair ance in this effort. if such program exceeds $99,000,000. competition and it directs the United Sincerely, (b) In addition to amounts otherwise ap- States Department of Agriculture to propriated or made available by this Act, DALE W. MOORE, $1,000,000 is appropriated for the purpose of influence our current food safety laws. Executive Director, providing Bill Emerson and Mickey Leland What this amendment does is nec- Legislative Affairs. Hunger Fellowships through the Congres- essarily ensures that USDA will follow Mr. SKEEN. Mr. Chairman, I move to sional Hunger Center, which is an organiza- and enforce its laws. What it does is it strike the last word. tion described in subsection (c)(3) of section will cut off funds for them for permit- Mr. Chairman, we have sent this 501 of the Internal Revenue Code of 1986 and ting the import of meat and poultry amendment in its earlier version to the is exempt from taxation under subsection (a) from any foreign country unless USDA USDA but received no formal com- of such section. determines that the inspection system ment. We have been told that the ad- SEC. 737. None of the funds appropriated by this Act shall be used to propose or issue of that foreign country is equivalent ministrator of the Food Safety Inspec- rules, regulations, decrees, or orders for the and actually provides a level of safety tion Service has concerns about the purpose of implementation, or in preparation equivalent to what we require of the amendment, but we do not know what for implementation of the Kyoto Protocol meat and poultry people in this coun- those concerns are at this time. I think which was adopted on December 11, 1997, in try. we can all agree with the heart of the Kyoto, Japan. We want to be sure that that equiva- amendment, that imported food ought Ms. KAPTUR. Mr. Chairman, I move lency is established. If it is not, this to meet the same standard as the do- to strike the last word. amendment would certainly cut off mestic products. There are important Mr. Chairman, I just wanted to in- funds to that foreign country. trade and food safety considerations form the membership this bill has been Ms. KAPTUR. Mr. Chairman, I rise in here, and I would have liked some time moving at record speeds today, and I support of the amendment. to hear from the administration. want to express my personal apprecia- Mr. Chairman, I want to rise in Nevertheless, I am prepared to sup- tion to the majority for avoiding the strong support of the gentlewoman’s port the gentlewoman’s amendment, kind of difficulty we faced on the floor amendment and her efforts to protect with the understanding that we will the week before last on this bill. We our consumers. Without question, food need to work together before the con- have several Members that had wanted safety has to be a number one priority ference to give the administration an to offer amendments to the bill, and I and responsibility of this committee. opportunity to be involved. think some of them did not anticipate The National Cattlemen’s Beef Asso- Mr. COBURN. Mr. Chairman, I move it would have moved as swiftly as it ciation has been promoting this for a to strike the requisite number of has this afternoon, and I just wanted to number of years. Why should not for- words. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3789 Mr. Chairman, I want to go on record ment because they do not have any to the United States that is actually as supporting this amendment. As a facts, any substantive facts, that will not made in the United States, those physician and as a Member of Congress prove that what they are accepting is people shall be ineligible to receive any from a cattle and farm State, to me it equivalent, because last year, the last contract, award or subcontract that is is unconscionable that we can produce time, it looks as if USDA is not really made available by this act. The bottom cattle and butcher it in the State of enforcing the congressional directive, line, if you are saying it is made in Oklahoma and ship it to Kansas under and we need this tough new inspection America, it better be. great quality standards, but, at the system, and it is a key part of it, to Finally, when we are going to spend same time, meat produced outside of take these samples of meet. hard-earned tax dollars of farmers that this country can come anywhere in In closing, I want to thank the Con- are getting hit from all ends, we should this country and not meet those same gress, because this is a very, very es- try and buy American-made goods. standards. sential matter to the health and wel- That just makes good sense. I would like to say, as a Member of fare of our Nation. Mr. SKEEN. Mr. Chairman, I rise in Congress from a cattle producing The CHAIRMAN. The question is on support of the amendment. State, that this not only makes sense the amendment offered by the gentle- Mr. Chairman, we thought so much from a standpoint of food safety, but woman from Florida (Mrs. MEEK). of the gentleman’s amendment that we also is eminently fair to our cattle pro- The amendment was agreed to. made it permanent law 2 years ago. I ducers and our consumers. This will AMENDMENT NO. 16 OFFERED BY MR. TRAFICANT am happy to accommodate the gen- not raise the cost. What it will do is as- Mr. TRAFICANT. Mr. Chairman, I tleman and put this item in the fiscal sure that the American consumer is offer an amendment. year 2000 bill as well. getting what they paid for. The im- The CHAIRMAN. The Clerk will des- The CHAIRMAN. The question is on ported goods coming into this country ignate the amendment. the amendment offered by the gen- ought to have to meet the same stand- The text of the amendment is as fol- tleman from Ohio (Mr. TRAFICANT). ard as the provider of goods in this lows: The amendment was agreed to. country domestically produced. So I Amendment No. 16 offered by Mr. TRAFI- AMENDMENT NO. 5 OFFERED BY MR. DEFAZIO support the amendment. CANT: Mr. DEFAZIO. Mr. Chairman, I offer Mr. TRAFICANT. Mr. Chairman, I SEC. ll. None of the funds appropriated an amendment. move to strike the requisite number of or otherwise made available by this Act may The CHAIRMAN. The Clerk will des- words. be expended by an entity unless the entity ignate the amendment. agrees that in expending the assistance the The text of the amendment is as fol- Mr. Chairman, I want to echo those entity will comply with sections 2 through 4 comments and I want to support very lows: of the Act of March 8, 1933 (41 U.S.C. 10a–10c; Amendment No. 5 offered by Mr. strongly the amendment offered by the popularly known as the ‘‘Buy American gentlewoman from Florida. Her efforts Act’’). DEFAZIO: Insert before the short title the following SEC. ll. (a) PURCHASE OF AMERICAN-MADE in this regard will not only help with new section: EQUIPMENT AND PRODUCTS.—In the case of the safety standards, but, keep in SEC. ll. (a) LIMITATION.—None of the any equipment or products that may be pur- mind, in the last several years, where funds appropriated or otherwise made avail- chased using financial assistance provided we used to inspect trucks coming able by this Act for Wildlife Services Pro- using funds appropriated or otherwise made gram operations to carry out the first sec- across Mexico and Canada, now you available by this Act, it is the sense of the tion of the Act of March 2, 1931 (7 U.S.C. 426), have trucks coming from Canada with Congress that entities receiving such assist- may be used to conduct campaigns for the Australian ground beef that is not even ance should, in expending the assistance, destruction of wild animals for the purpose being inspected on some occasions. purchase only American-made equipment of protecting livestock. and products. Now, yes, this may pose some hard- (b) CORRESPONDING REDUCTION IN FUNDS.— ship on our regulatory system, but it is (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— The amount otherwise provided by this Act very much overdue and there is a tre- In providing financial assistance using funds for salaries and expenses under the heading appropriated or otherwise made available by mendous economic factor involved here ‘‘ANIMAL AND PLANT HEALTH INSPECTION this Act, the Federal agency providing the SERVICE’’ is hereby reduced by $7,000,000. as well. assistance shall provide to each recipient of Our farmers have sold hogs at 7 cents the assistance a notice describing the state- Mr. DEFAZIO. Mr. Chairman, this is a pound live weight. My God, the one ment made in subsection (a) by the Congress. an issue which the House is revisiting thing we can do is ensure that the SEC. ll. If it has been finally determined for the second year in a row. Last year same hoops and hurdles our farmers by a court or Federal agency that any person there was a lot of confusion around have to overcome shall be the world’s intentionally affixed a label bearing a ‘‘Made this vote. I tried to make it much more hurdles and hoops as well to ensure in America’’ inscription, or any inscription explicit and simple this year. safety and quality and standardization with the same meaning, to any product sold This amendment cuts funds only for in or shipped to the United States that is not of product. made in the United States, such person shall lethal predator control to protect pri- So I want to compliment the distin- be ineligible to receive any contract or sub- vate livestock on private or leased land guished gentlewoman. It is a great contract made with funds appropriated or in the western United States. That is amendment and I support the amend- otherwise made available by this Act, pursu- what this does. ment. ant to the debarment, suspension, and Now, we are going to hear that actu- Mrs. MEEK of Florida. Mr. Chair- inelibility procedures described in section ally this amendment will cause brown man, I ask unanimous consent to 9.400 through 9.409 of title 48, Code of Federal tree snakes to invade Hawaii, it will strike the requisite number of words. Regulations. cause tuberculosis to spread in the The CHAIRMAN. Is there objection Mr. TRAFICANT. Mr. Chairman, this northern Midwest, it will cause plague to the request of the gentlewoman deals with the ‘‘Buy American’’ provi- in the Southwest, it will cause planes from Florida? sion that says in the case of any equip- at National Airport to crash. There was no objection. ment or products that may be pur- No. In fact, all of those other activi- Mrs. MEEK of Florida. Mr. Chair- chased using any financial assistance ties would be enhanced, more money man, I just wanted to say if anyone has under this bill, it is the sense of our would be spent on those activities, if ever suffered from salmonella from eat- Congress that those receiving such as- animal damage control, wildlife serv- ing unsafe meat and poultry, they sistance should purchase American- ices, dropped their obsession with this would understand the significance of made goods. It gives a notice to that failing environmentally and bio- this amendment. Why should our con- effect. Most importantly, this provi- logically unsound wasteful subsidy of sumers be subjected to this very ill- sion also states in its final section that spending $10 million, and this does not ness-causing disease and have these if it is determined by a court or Fed- even cut every penny they are spending foreign countries being able to bring in eral agency that any person has inten- on lethal predator control in the west- meats and poultry without an equiva- tionally affixed a label bearing a ern United States, if they just dropped lent kind of thing? ‘‘Made in America’’ inscription, or any their obsession and the subsidy. In speaking to the USDA, the USDA inscription connoting the same mean- I also offer that the ranchers would cannot clearly speak to this amend- ing, to any product sold in or shipped come out ahead. Nothing in this H3790 CONGRESSIONAL RECORD — HOUSE June 8, 1999 amendment would prohibit a rancher Mr. Chairman, I hope the House will for this program go to these western from controlling predators that are vote down this amendment. It is true, States and to these large ranchers to problems on their own property, owned there are funds in the Animal and use for predator control. or leased. They could go out and do it Plant Health Inspection Service for I would suggest that we can save themselves. They could hire someone predator control in western States. money by passage of this amendment. to do it. In some cases States would There are also funds for predator con- We can eliminate a practice that by still unwisely provide subsidies to trol in northern, southern, and eastern even the best of interpretations is nei- these private ranchers. But the ques- States. ther effective nor seemly, and I think tion is, should Federal taxpayers pay There is money for research on Lyme it is an entirely inappropriate use of for predator control services on private disease and diseases spread by rats. Federal funds. ranches for profit in the western There is money to control the spread of Although I have enormous respect for United States? rabies in wild animals in the Midwest all of the Members of the Committee If you have, as my mother did, a rac- and eastern States. There is money to on Appropriations who have supported coon down the chimney, you cannot protect the bird population in Hawaii this amendment, I think it is time that call a Federal Wildlife Services em- from devastation by the brown tree we eliminated this unnecessary funding ployee and ask them to remove the rac- snake. There is money to protect air- from the Federal government. coon. If you have termites in your line passengers by controlling flocks of Mr. WALDEN of Oregon. Mr. Chair- house, no one from the Federal Govern- birds at airports. There is money to man, I move to strike the requisite ment is going to show up. They will control damage to grain crops by number of words. laugh at you and tell you to call a pest blackbirds and to control migratory Mr. Chairman, I rise in opposition to control company. birds that feed on domestically pro- this amendment. I want to talk about So why, why is it that ranchers, pri- duced fish, so those farmers can make how my district is affected by what is vate ranchers in the West, can call up a decent living. There is money to pro- going on out there. I want to share a Federal agency and get a Federal em- mote nonlethal methods of animal con- with the body some letters that I have ployee out there pronto, who will not trol. There is money for animal wel- received from people not only in the only kill problem predators, which the fare. district but from the State of Oregon ranchers could do on their own or hire Mr. Chairman, I would suggest that if with regard to this. someone on their own to do, but will we are going to go after farmers and The head of the Department of Fish indiscriminately kill other wildlife, ranchers in one area of the country and and Wildlife, the director, James and in some cases, as happened on the deny them help, maybe we should look Greer, has written saying, ‘‘We rely northern edge of my districts, kill do- at all of the programs in this country heavily on Wildlife Services as a part- mestic pets and poison humans with and subsidies, to shift the entire bur- ner in addressing the effects of wildlife these indiscriminate M–44 devices den to the States and the private sec- and predatory animals on livestock and which cause a horrible lingering death? tor. crops. Specifically, they provide ani- Mr. Chairman, I ask my colleagues to mal damage control assistance to help b 1300 vote no on this amendment. resolve depredations caused by black Now, why is the Federal government Mr. BASS. Mr. Chairman, I move to bear, cougars, and other predatory ani- paying to subsidize this activity? That strike the last word. mals. In addition, they deal with is the question before us. It is very Mr. Chairman, I rise in support of the human safety threats from an increas- simple. In fact, if Wildlife Services amendment. This is the same amend- ing cougar and bear population.’’ stops its obsession and all the amount ment that we passed on a Friday and These threats are from a cougar pop- of energy they put into this program, then defeated on a Monday with a few ulation that is very real. ‘‘According to they will do a better control, a better phone calls having been made over the a recent survey conducted by the Or- job in other States protecting against weekend. I hope Congress would have egon Agricultural Statistics Service, bird strikes, protecting human health the opportunity to vote again and be more than $158 million of annual dam- and safety. on record and pass this amendment age to Oregon agriculture products oc- So this is a fiscally responsible this time. curs from wildlife,’’ this from Phil amendment, an amendment that goes It has been said that this is a very Ward, the director of the Department to cutting out an obsolete subsidy that important program. From my perspec- of Agriculture in Oregon. goes to private ranchers in the West, tive, I think it is a waste of money. Mr. Chairman, my district is one of and will also benefit environmentally The program does not work. It essen- the most rural districts in America. We in the western United States, will stop tially is money from the taxpayers’ have lots of family farms, and 55.5 per- the indiscriminate destruction of non- pockets to private landholders to con- cent of it is under Federal control. The target wildlife. There are more coyotes trol predators on their own property. refuges and all out there, we have enor- now than when they started this pro- But what is sad about it is that the mous populations growing of predators. gram 68 years ago, and they are more program seeks to spend $20 million to The Wallowa County School District dispersed across the country, because solve a problem that only costs private tells me they have such a problem with they are not even looking at the biol- landholders $7.2 million per year. cougars that they will not let the ogy, they are ignoring previous orders Nothing in this amendment, nothing young kids off the bus until their par- of Congress to look at more effective in this amendment will affect in any ents are there to meet them. These are and nonlethal predator control meth- way the programs for technical assist- issues. ods. They are not targeting the prob- ance or for bird control at airports. I Is this amendment going to deal with lem, they are just breaking up and dis- serve on the Committee on Transpor- all of that? Probably not. I am not up persing the packs. Now you have tation and Infrastructure and on the here to make extraordinary claims. coyotes in places where they have not Subcommittee on Aviation. I am an in- But the point is in these small rural seen them in 100 years, like Manhat- strument-rated pilot. I have flown all counties, in these small counties that tan, elevators in Seattle. It actually over the country. I can assure the have 1,000, 2,000, 7,000 people, this pro- happened. This has not been seen for a Members I would do nothing that gram is an integral piece in an overall long time in this country. would affect the safety of our Nation’s package to deal with predators. It is time for this archaic and bar- airport. I want to show the Members a pic- baric program and this subsidy to end. This would carve out cleanly a sub- ture that does not look too damaging We have a very definitive opportunity sidy to private individuals to control here, but this is a coyote and this is a to vote on it today. This is a very tar- predators in a situation whose effec- lamb. The next picture in this series is geted amendment. Do not believe any tiveness is clearly under considerable probably too graphic for C-Span to of this other hooey about all the other question. show. So when Members hear about problems that will be caused. It is true that some of the resources control, predator control, and that Mr. SKEEN. Mr. Chairman, I rise in for this program do go to other parts of somehow that is an awful thing, the opposition to the amendment. the country, but 95 percent of the funds flip side of that is awful, as well. The June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3791 flip side is the maiming that is done of vouring livestock. This program is Please support the responsible and sheep and cattle and all; animals raised helpful to that as part of the bigger necessary management of wildlife by for production, admittedly, but for package that combines State and local opposing the DeFazio amendment. problems that are caused by these funds to deal with it. Mr. DEFAZIO. Mr. Chairman, will the predators. Sometimes it is one game person gentleman yield? Mr. Chairman, I think this amend- that is out there dealing with this, one Mr. STENHOLM. I yield to the gen- ment goes too far. I think it hurts a predator control officer. But because tleman from Oregon. program that is very important to the they are from such small entities, the Mr. DEFAZIO. Mr. Chairman, I would rural parts of America and that helps funding is all combined. like to offer a compromise here. The not just a handful of wealthy ranchers, Mr. Chairman, I urge opposition to gentleman raised a number of issues in as some might say, but probably close this. which I am vitally concerned: Airports, to 10,000 livestock producers each year Mr. STENHOLM. Mr. Chairman, I bird strikes, those things on which a are helped by this program. move to strike the requisite number of pitiful amount of money was spent last Mr. DEFAZIO. Mr. Chairman, will the words. year, inadequate. gentleman yield? Mr. Chairman, I rise in strong opposi- So if the gentleman would accept the Mr. WALDEN of Oregon. I yield to tion to the DeFazio amendment, which first part of the amendment, which is a the gentleman from Oregon. basically guts the core funding for limitation only for lethal predator con- Mr. DEFAZIO. Mr. Chairman, I thank USDA’s Wildlife Services program. trol for livestock, and not delete the the gentleman for yielding. Just on the This is an important program that amount of money and then support photo, that was provided by the Fed- serves the public good in a number of that, I would be happy to actually eral government. It was actually taken ways, and it should be funded at the leave the funds in if we direct the serv- at a test facility where the coyotes level approved by the House Appropria- ice to not waste the money on the le- were starved and then put into an en- tions Committee. thal predator control. closure with sheep. It is a graphic Reducing funds for USDA’s Wildlife Would the gentleman accept that? photo, but it is not exactly representa- Services will not just affect lethal Mr. STENHOLM. I most certainly tive. predator control in the West, it will would not, because I absolutely dis- Mr. WALDEN of Oregon. Reclaiming also cripple other needed activities agree with the intent of gentleman’s my time, Mr. Chairman, if I might, the throughout the Nation. Often the same amendment. Even though that sounds point is illustrative, here. The gen- USDA staff who help ranchers manage very reasonable, it completely over- tleman knows as well as I do, and as problems of predators may also help looks one of the fundamental areas I well as anybody out in agriculture local airports protect human life by re- disagree with, that we do not need to knows, the next in a series of photos moving flocks of birds near runways. be assisting our ranchers with predator like this out in the real world, not in I emphasize that one of the reasons control. some pen but in the real world, is the why the DeFazio amendment does not The gentleman ought to come to the devastation that we see. work as he had intended is that we use Seventeenth District of Texas and see Mr. DEFAZIO. If the gentleman the same people, and when we elimi- what happens to livestock and what would further yield, and I appreciate nate a person, that person who might would happen under gentleman’s pro- the gentleman yielding, although we be not only helping ranchers with their posal. are on opposite sides of this issue, also predator problems might also be the I just respectfully differ with the on the total wildlife damage in agri- same person that is dealing with flocks gentleman regarding what the gen- culture in Oregon, it was $158 million. of birds around airports. That gets tleman intends and would like to do. The gentleman is exactly correct. How- overlooked in some of the concern Mr. DEFAZIO. If the gentleman ever, the damage to livestock from which has been expressed here on the would further yield, Mr. Chairman, I predators was about $1 million, and floor. was the county commissioner. We had more was spent by the State and the Make no mistake about it, this re- tough times. We had to cut our match, Feds to control that than if we had ac- duction in funds is not a targeted cut. which lost our Federal predator control tually reimbursed people. The major Let me also add that Wildlife Services agents. damage was damage to crops, $148.6 is not a Federal giveaway program. All of my sheep ranchers were in and million. The majority of funding for the work of said, my God, you will not believe what That damage, interestingly enough, USDA’s Wildlife Services comes from is going to happen, Commissioner, if we took place from things on which sources outside the Federal govern- do that. Do Members know what hap- coyotes predate, such as field mice, ment, like State, local, and private or- pened? Nothing. In fact, the predation ground squirrels, prairie dogs, et ganizations. Federal funds help to se- went down over a 5-year period. cetera, et cetera. All of their prey is cure the basic program staff, who then That is really interesting, that when causing a big problem. Now we have to are able to draw in significant funding we stop spending the money, and we start another new program to go out directly from those who benefit from heard that they did kill some predators and control the things that the preda- their work. However, without these still, but they did it in a very discrimi- tors used to prey on because they are USDA staff, it is unclear whether these nate form on their farms without a eating the grain and other crops. outside funds will continue to be made subsidy. I have a real life example in We need to get a better vision. I available. my district, which gets these funds, think the gentleman and I could con- Finally, I am amazed by the argu- where we do better without them. I struct something that would work bet- ment that this program is not needed thank the gentleman. ter. I thank the gentleman for his because wildlife-generated losses to Mr. STENHOLM. That is where we time. property and human life are considered have reasonable differences. I have real Mr. WALDEN of Oregon. I appreciate low by some folks. That is like arguing life experience on the other side. the gentleman’s comments. However, I that childhood immunization programs But also I would point out one other would say that indeed, I thought I are a waste of money since so few chil- major, important aspect of it. It is ra- heard earlier a comment about how the dren now die from these diseases. bies control. This is something that is coyote population was growing rapidly That is the whole point. We spend extremely important to the general around. So it is hard to argue both public money on preventative pro- population in large segments of Texas. cases at the same time. grams so we will not have to face the Perhaps in this one district in Oregon Mr. DEFAZIO. Not at all. If the gen- alternative. We spend money on Wild- it is different. tleman will further yield, we will talk life Services in order to avoid rabies I would assure the Members, in most about coyote biology. epidemics, downed aircraft, and dead or places of the country, the argument on Mr. WALDEN of Oregon. Mr. Chair- maimed livestock. I simply do not the side of the Committee on Appro- man, reclaiming my time, the point agree that just because the program priations and what the gentleman from here is that we have many problems in seems to be working efficiently, it New Mexico (Mr. SKEEN) and the gen- my district in terms of predators de- should now be eliminated. tlewoman from Ohio (Ms. KAPTUR) are H3792 CONGRESSIONAL RECORD — HOUSE June 8, 1999 suggesting is what the full House ought with rabies because there was not land that no one claimed when the to do today. We ought to defeat this enough money in the budget to support Homestead Act expired. amendment. this program. Now, why did not anybody claim that Mr. BONILLA. Mr. Chairman, I move Mr. CUNNINGHAM. Mr. Chairman, I land? They did not claim it because, for to strike the requisite number of move to strike the requisite number of the most part, it does not have water words. words. on it. It is not very productive. There (Mr. BONILLA asked and was given Mr. Chairman, I do not plan on tak- is alkali on it and sagebrush. It is not permission to revise and extend his re- ing all of the 5 minutes, but I rise in productive land, so it was not claimed. marks.) strong opposition. I do not have a dog No one wanted it. So it was put in trust Mr. BONILLA. Mr. Chairman, I rise in this hunt. I do not represent farm- for the Bureau of Land Management. in strong opposition to this amend- ers; I do not represent ranchers. I have That is now what is called the public ment. This is a classic case of the pro- got mostly a city area in my district. lands in the West. ponents of an amendment using misin- But I want to tell my colleagues that Now if my colleagues stop and think formation and emotional rhetoric to San Diego is a series of canyons and about this for a minute, if my col- try to push their cause. areas where a lot of people hike, and up leagues think about the ranchers and I think I heard the word earlier in in the hills also. This last year we had the public land that they have or the one of the arguments in favor of the two women joggers who were killed by private land that they have, the pri- amendment, the word ‘‘barbaric’’ used mountain lions. We had requested that vate land is private because they home- to describe the animal damage control the Federal Government come in and steaded it because it has water on it. program that currently exists, also help manage. Because they have not Then because there is water on it, called Wildlife Services, now. I stand been able to hunt lions in a long time, there is grass, and there is feed for the corrected. these lions are coming into the parks, cattle. But I ask my friends who suggest into where people picnic in private and But do my colleagues know what that this program might be barbaric public areas. A little child was mauled else? There is grass and feed and water for them to think for a second about by a mountain lion, nearly died, lost an for the wildlife as well. I am talking children who might be afflicted by arm. Another woman was hiking, and about deer and antelope, elk, moose, wildlife who are bitten by an animal af- the lion not only killed her, it ate most bear, and all of those kinds of species flicted by rabies. of her before they found her. that we regard very highly that we b 1315 California also has this little rodent want to take care of. called, a prairie-dog-type critter, a Well, the USDA predator control, or When you think of the possibility of ground squirrel. We have heard about Wildlife Services Program is there to the eradication that we try to do in rabies, but in California this little ro- protect that wildlife as well. So I think Texas, in Texas, for example, children dent and the fleas they carry have bu- that the gentleman from Oregon’s op- playing in their yards and in States all bonic plague. Now think of the terror position to this comes from the fact across the country and throughout the that that word brings in our past his- that private landowners are helped by Southwest, playing in their yards, who tory. We need those kinds of eradi- this service on their private land. But might be afflicted by rabies because of cations, not only on public lands, but when my colleagues consider that 80 some coyote or some other animal that on private as well. We cannot just take percent of the wildlife out there, the might be crossing through a play- care of the public lands and then go deer, antelope, elk, and so on is on pri- ground that might be afflicted, I would over and let that menace ride. vate land. suggest that that is barbaric for any- So I rise in strong opposition to this. And yet the public is the owner of one to think that a program that exists I have flown a jet out at Miramar. To that wildlife. I think it is our responsi- to protect the safety of children in tell my colleagues what an animal, a bility, since we are the owners of that playgrounds, that is pretty barbaric to bird, will do to an airplane, this hawk wildlife, to help take responsibility in suggest that that program is ineffec- went clear through my wing and broke caring for them. tive. the main spar of an F–4 Phantom that Another point I want to make, in Gil- Also think about we just had a plane I was flying. The airplane was hard lette, Wyoming, and Campbell County, crash last week; and although the down. Luckily, I was able to land the we have a serious problem with rabies. cause was not a form of wildlife, a airplane, but it totally destroyed the Rabid skunks have gone into the City flock of geese or birds flying into a airplane, one hawk in the thing. of Gillette, Wyoming, and this program plane engine, it is possible that that When we talk about public health, we is helping us with that problem. could occur. This wildlife services pro- talk about rabies, we talk about A cougar in Casper, Wyoming, was gram tries to address that problem and plague, we talk about lethal predators; spotted just last week very near a play- keep those passengers safe in areas, and for this reason, I rise in strong op- ground. People in a city like Casper do many of which are located in the position to the amendment of the gen- not necessarily have the expertise to be Northeast and in the New England tleman from Oregon (Mr. DEFAZIO). able to deal with this without the help area, tries to keep those passengers Mrs. CUBIN. Mr. Chairman, I move of this program. So it is very short- safe from any kind of accident like this to strike the requisite number of sighted to cut this program. It is a by providing funds to control those words. matter of public health, and it should flocks of birds near runways and air- (Mrs. CUBIN asked and was given also be a matter of public conscience. ports. permission to revise and extend her re- Mrs. EMERSON. Mr. Chairman, I Now, I would suggest that it is bar- marks.) move to strike the requisite number of baric for anyone to think that a pro- Mrs. CUBIN. Mr. Chairman, I rise in words. gram like this is not a good program strong opposition to the amendment Mr. Chairman, I want to also rise in that would protect the safety of fami- offered by the gentleman from Oregon opposition to this amendment that lies and children flying on airlines. So (Mr. DEFAZIO). would severely undermine the USDA’s I would suggest that those who are pro- I want to talk about just a couple dif- Wildlife Services Program. While I do posing this kind of amendment, using ferent areas. I represent the entire not have a district out in the West but misinformation and emotional rhet- State of Wyoming. Here is a little his- rather in the Midwest, it is very rural, oric, should step back for a second and tory lesson that I would like to give. and it is very big, and the fact of the think about the safety of women and A lot of people think that the public matter is this program is a critical re- children, families of all ages from all lands in the West are all national parks source for the farmers and ranchers in parts of the country who might be and national forests. Well, they are my district who face the threat of crop harmed if this money is not in the not. BLM land, or Bureau of Land Man- and livestock damage. budget, think about that and ask agement land, makes up about half of As a matter of fact, wildlife causes as themselves if they could live with an the State of Wyoming, and it is owned much as $1.6 billion in damage to agri- accident occurring at an airport or live by the Federal Government. The rea- culture each year. Given the fact that with a child dying who was afflicted son that is public land is because it is our farmers, right now their entire June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3793 livelihoods are threatened with uncer- Each year, this program indiscriminately kills Secretary Glickman from instituting a tain markets, unpredictable weather, 90,000 coyotes, foxes, bears and mountain new Federal milk marketing order sys- some of the lowest prices we have ever lions. It is indiscriminate because there are tem that would put thousands of dairy seen in decades, this additional threat few controls to ensure that the animals being farmers out of business by lowering the of losses due to wildlife is really above slaughtered are tied to attacks on livestock. price paid to farmers for their milk by and beyond all the other factors. It is Oftentimes, young cubs are caught and killed, hundreds of millions of dollars. something that we have to be very and on occasion, even a domesticated dog or On March 31, 1999, Secretary Glick- mindful of. cat will be mistakenly felled. This is simply not man announced his final decision on I also want to make another point appropriateÐand it should be stopped. the Federal milk marketing order re- which is often overlooked. Our farmers Wildlife Services is cruel because Wildlife form process that was required under and ranchers are among the best stew- Services still insists on using barbaric methods 1996 Freedom to Farm Act. Unfortu- ards of the land anywhere. They are to handle these animalsÐincluding poisons, nately, his decision to adopt what is re- our best conservationists. Their land snares, and leg-hold traps. Sometimes, these ferred to as a modified Option 1–B has provides wildlife habitat. Their produc- animals are simply clubbed to death. Harp the effect of lowering Class I differen- tion methods promote wide steward- Seals are not the only animals that need pro- tials for milk to virtually all regions of ship of that land. So let us not point tection from this brutal practice. We can do the country with the exception of the the finger at the family farmer and better than thisÐhumane animal control tech- upper Midwest. rancher when, in fact, they are doing niques exist in our modern world. We can re- Can my colleagues imagine passing a good things for the environment and locate animals that have caused problems. policy, an agricultural policy that things that are good for the American How is it that we can build an internation- would harm the entire country except consumer. ally-sponsored space station yet we cannot for perhaps two or three States. It de- I oppose the amendment, and I urge find a way to treat our animals humanely? Do fies logic. my colleagues to do the same. we need to spray poison in the face of ani- The Secretary of Agriculture’s deci- Mrs. MORELLA. Mr. Chairman, I rise in mals that can contaminate other animals, or sion flies in the face of broad bipar- strong support of the Bass-DeFazio amend- even humans, it comes in contact with after- tisan congressional multiregional sup- ment. The U.S. Department of Agriculture's wards? Must we kill not only the offending ani- port for Option 1–A. Congressional in- Wildlife Services program spends millions of mal, but also every innocent scavenger that tent behind milk marketing order re- dollars annually to kill more than 100,000 happens upon its corpse? form in no way anticipated this action coyotes, foxes, bears, mountain lions, and This program has been ineffective, and by the Secretary. other predators in the Western United States. roundly criticized for decades. It was fully re- My amendment also would have con- Although there are non-lethal alternatives. viewed by advisory committees under the tinued existing law, meaning that it Wildlife Services chooses to shoot, poision, Kennedy, Johnson, Nixon and Carter Adminis- would allow the continuation of the trap, and even club to death both target and trationsÐeach of which suggested numerous Northeast Dairy Compact. There has non-target animals. This taxpayer subsidy reforms, but none have been adopted. The been increasing support for similar gives ranchers a disincentive to seek alter- General Accounting Office (GAO) similarly re- such compacts around the country as a native methods of livestock protection that leased a report in 1995 that found the pro- way to protect against and otherwise might be more effective. prevent the harm that would be done The USDA predator control methods are gram to be largely ineffective. by the Secretary’s proposal and the non-selective, inefficient, and inhumane. Aerial Studies have shown the coyotes have havoc that it would cause in dairyland gunning, sodium cyanide poisoning, steel- adapted to our killing techniques much better jawed leghold traps, and neck snares are than we have adapted towards more humane all across the Nation. So, Mr. Chairman, rather than offer Wildlife Services' killing methods. These tech- methods of predator control. Despite a 71% the amendment at this time, I would niques have been known to kill pets and en- increase in funding for these programs be- like to enter into a colloquy with sev- dangered and threatened species. Much of the tween 1983 and 1993, coyotes have com- killing is conducted before livestock is re- pensated for the culling of their species by eral of my colleagues. I see the gen- leased into an area, with the expectation that simply having more pups. Surely, we have tleman from Texas (Mr. COMBEST), predators will become a problem. However, been out-foxed hereÐand it is time to stop the chairman of the authorizing com- killing wildlife to protect livestock is effective United States government from behaving like mittee, the Committee on Agriculture, only if the individual animals who attack live- Elmer Fudd flailing blindly at nature to no here; and I appreciate the gentleman stock are removed. Targeting the entire popu- avail. coming down to participate in this dis- lation is needlessly cruel, wastes taxpayer dol- We are smarter than this. This House is cussion today. lars and can be counter-productive. Studies smarter than this. Therefore, I urge my col- Would the gentleman from Texas have shown that predator populations reduced leagues to support this sensible and humane (Mr. COMBEST) agree that the Depart- through indiscriminate killing produce larger lit- amendment being offered by Congressmen ment of Agriculture’s recommendation ters to compensate and quickly rebuild to DEFAZIO and BASS. of a modified version, Option 1–B, is equal or greater than pre-controlled levels. The CHAIRMAN. The question is on unacceptable to the majority Members With this amendment, the Wildlife Services' the amendment offered by the gen- of Congress and more importantly the program would be funded to assist with non- tleman from Oregon (Mr. DEFAZIO). majority of American dairy farmers lethal predator protection services and in The question was taken; and the and would therefore have to be modi- cases to protect human and endangered spe- Chairman announced that the noes ap- fied through the regular legislative cies lives. I urge my colleagues to support the peared to have it. process? Bass-DeFazio amendment. Mr. DEFAZIO. Mr. Chairman, I de- Mr. COMBEST. Mr. Chairman, will Ms. JACKSON-LEE of Texas. Mr. Chair- mand a recorded vote, and pending the gentleman yield? man, I rise in support of this amendment, that, I make the point of order that a Mr. WALSH. I am happy to yield to which curtails the funding for what was for- quorum is not present. the gentleman from Texas. merly known as the Animal Damage Control The CHAIRMAN. Pursuant to House Mr. COMBEST. Mr. Chairman, I program. Resolution 185, further proceedings on would certainly be able to say yes just This amendment cuts $7 million in funding the amendment offered by the gen- indicative of the fact that there is a for the Department of Agriculture's inappropri- tleman from Oregon (Mr. DEFAZIO) will bill to implement a different policy ately named ``Wildlife Services'' program. I say be postponed. that I think has almost half of the that it is inappropriately named, because the The point of no quorum is considered Members of the House that are cospon- program does nothing to serve in the best in- withdrawn. sors of the bill. Certainly with the in- terests of wildlife. It is, instead, a program Mr. WALSH. Mr. Chairman, I rise to terest and concerns among the dairy whose purpose is to help farmers cope with strike the last word. industry, the Committee on Agri- natural predators who may prey on their live- Mr. Chairman, I have an amendment culture is certainly going to be looking stock. While I believe that helping farmers is at the desk that I do not intend at into this in very short order. a laudable goal, the problem is that the way least at this time to present. But the Mr. WALSH. Mr. Chairman, reclaim- this program is administered, little help is pro- tenor of the amendment, Mr. Chair- ing my time, I appreciate the gentle- vided and much damage caused. man, would have prevented Agriculture man’s statement and clarification of H3794 CONGRESSIONAL RECORD — HOUSE June 8, 1999 the Committee on Agriculture’s posi- their milk than are farmers from other took place between the Members of the tion. My concern is that we need to en- sections of the country. That is a Fed- majority party. All I can say, as one sure that the legislation is enacted eral law, believe it or not, and it has Member from the upper Midwest, is into law before the Secretary’s modi- long since served its usefulness. that I do not think it is fair for people fied Option 1–B pricing reform is im- When the farm bill was up on the to try to have this issue both ways. We posed on dairy farmers in my district. floor 4 years ago, then-Congressman were told that we should take our shot Mr. COMBEST. Mr. Chairman, if the Gunderson, the chairman of the Dairy at the administrative route rather gentleman will yield, I would indicate Subcommittee, tried to get a legisla- than the legislative route. That is what to the gentleman, who has been a tive remedy to that long outmoded pol- happened. And now the Members, at strong advocate of a dairy policy in icy, and when he did that he was least some of the Members who just this country and with a great deal of blocked, cut off at the pass by the spoke, are now trying to suggest that interest in this, there is a bill which House leadership, the Republican lead- we ought not to have let that happen has been introduced that will be the ve- ership in the form of the Speaker and either. hicle on the 24th of June for a hearing Mr. Solomon, who chaired the Com- We cannot move agriculture into the in the Subcommittee on Livestock and mittee on Rules. In essence, what they 20th century by sticking with this out- Horticulture that is chaired by the told Steve at the time was, ‘‘Sorry, we moded, old-fashioned milk marketing gentleman from California (Mr. are not going to give you a chance to order system. And I would suggest if POMBO). Very shortly after that, there vote on a legislative remedy; the best we are going to open this issue up, then will be markup on that bill, and that you are going to get is that we will we ought to open up the whole farm bill will then move to full consider- give the Secretary of Agriculture an bill; that we ought to open up the ques- ation. opportunity to look at these milk mar- tion of whether we ought to have any Given the fact that there is a rec- keting orders and decide through ad- milk marketing orders at all. We ought ognition of some timely concern here ministrative action what kind of to be allowed to vote on the question of without the Chair’s being, I believe, changes are needed.’’ whether there ought to be one national able to give individuals total assur- Acting under that limited authority, milk marketing order rather than a ances about exactly what that final Secretary Glickman proposed what was whole series of them. product would be, the vehicle that will known as Option 1–B, which provided So I would urge Members to think be used for hearing purposes and for very minimal changes in the milk mar- carefully before they try to selectively keting order system across the coun- markup I think will be very much in reopen that farm bill. try. That was found to be objectionable Mrs. CLAYTON. Mr. Chairman, I line with the interest of the gentleman by many Members of this House, cer- move to strike the last word. from New York (Mr. WALSH) in the tainly not me but by many other Mem- If the chairman will engage me in a dairy program. bers, and so this House last year passed colloquy on the funding for the USDA Mr. WALSH. Mr. Chairman, I thank legislation which blocked the Sec- facilities loan program, I would like to the gentleman from Texas (Mr. COM- retary from moving ahead with those solicit his support for the administra- BEST) for explaining the position of the changes, those reforms in the milk tion’s funding request for programs committee clearly. marketing order system. like the community facilities loan and Mr. Chairman, I yield to the gen- So, then, Mr. Glickman went back to grant program, which finances multi- tleman from California (Mr. POMBO), the drawing board and he produced a purpose community centers through chairman of the Subcommittee on second modified version of his pro- which local governments are able to Livestock and Horticulture for his posal, which would have provided some provide services for children and the el- comments. change, some modernization in that derly, school facilities, and fire and Mr. POMBO. Mr. Chairman, I concur system, and it would have resulted in rescue equipment. with the statement of the full com- farmers in 15 of the 33 regions actually Mr. Chairman, over 50 percent of the mittee chairman. I know of the intense getting better prices for their milk community facilities funds are used for interest of the gentleman from New than they do right now, and it would a variety of health services, including York (Mr. WALSH) on this issue as well have had a downward pressure on some rural hospitals, mental health facili- as a number of other Members of the other regions. ties, nursing homes, child care facili- House. As we have been negotiating It just seems to me that it is amazing ties which are desperately needed to and working through this issue, I will that the folks who won by preventing assist in welfare reform. assure the gentleman that this is a us from getting a legislative decision There is a great need for these facili- very important issue, not only to his on this issue, and who insisted that ties in rural America and especially in dairy farmers, but to mine back home, this ought to be handled through the my First Congressional District of and that we will move through the administrative route, are now saying North Carolina where local govern- hearing, the markup process, and move that they are unhappy with even the ments do not have sufficient tax re- legislation on an expedited manner tiny changes that were made adminis- sources or the sufficient tax base to through the House and try to solve this tratively by the Secretary and are now provide for these essential services. problem as quickly as we possibly can. suggesting that yet another legislative Mr. SKEEN. Mr. Chairman, will the gentlewoman yield? b 1330 action is required to selectively amend the farm bill. Mrs. CLAYTON. I yield to the gen- Mr. WALSH. I thank the gentleman. I do not believe that is the right way tleman from New Mexico. With the assurances received from the to go. It seems to me strange indeed Mr. SKEEN. Mr. Chairman, I thank chairman of the subcommittee and the that in a Congress which so often talks the gentlewoman for her support for chairman of the full committee I will about the need to move closer to mar- this program and for rural America. I at this time not offer my amendment. ket arrangements, that we are having share her concern and promise to work Mr. OBEY. Mr. Chairman, I move to people who are insisting on sticking to in the conference to strengthen the strike the last word. the status quo which blocks moving ag- community facilities loan and grant Mr. Chairman, I take this time to riculture in the dairy area closer to program for rural America and appre- comment on the colloquy that we just market arrangements. ciate the gentlewoman’s efforts. heard with respect to regional dif- I also find it interesting that some of Mrs. CLAYTON. Mr. Chairman, I ferences in the fluid milk dairy prices, the same folks who say that we should thank the gentleman. and I would like to recite for this have free trade internationally are AMENDMENT NO. 5 OFFERED BY MR. DE FAZIO House what the history of this matter some of the same folks who, when it The CHAIRMAN. The pending busi- is. comes to internal trade within our own ness is the demand for a recorded vote Since 1937, we have been operating country, want to put up all kinds of on the amendment offered by the gen- under an outmoded system of milk trade barriers, informal trade barriers, tleman from Oregon (Mr. DEFAZIO) on marketing orders which mandates, by in the form of these regional compacts. which further proceedings were post- law, that certain farmers in certain re- So I would simply say I cannot do poned and on which the noes prevailed gions of the country be paid more for anything about the colloquy that just by voice vote. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3795 The Clerk will redesignate the Cook John Reyes Amendment offered by Mr. NETHERCUTT: amendment. Cooksey Johnson, E. B. Riley In the general provisions title, insert the Cox Johnson, Sam Rodriguez following new section: The Clerk redesignated the amend- Cramer Kanjorski Rogan SEC. ll. (a) PROHIBITION ON UNILATERAL ment. Crane Kaptur Rogers Cubin Kasich Rohrabacher ECONOMIC SANCTIONS.—Notwithstanding any RECORDED VOTE Cunningham Kingston Ryun (KS) other provision of law, the President shall The CHAIRMAN. A recorded vote has Danner Knollenberg Salmon not restrict or otherwise prohibit any ex- been demanded. Davis (FL) Kolbe Sandlin ports of food, other agricultural products (in- Deal Kuykendall Schaffer cluding fertilizer), medicines, or medical A recorded vote was ordered. DeLay LaFalce Scott supplies or equipment as part of any policy The vote was taken by electronic de- Dickey LaHood Sessions Dicks Lampson Shadegg of existing or future unilateral economic vice, and there were—ayes 193, noes 230, Dingell Latham Shaw sanctions imposed against a foreign govern- not voting 11, as follows: Dooley Lewis (CA) Sherwood ment. Doolittle Lewis (KY) Shimkus (b) NATIONAL SECURITY WAIVER.—The [Roll No. 172] Dreier Lucas (KY) Shows President may waiver, for periods of not AYES—193 Dunn Lucas (OK) Shuster more than 1 year each, the applicability of Edwards Manzullo Simpson Ackerman Goss Nadler subsection (a) with respect to a foreign coun- Ehrlich Martinez Skeen Allen Green (TX) Neal Emerson Mascara Skelton try or entity if the President, with respect to Andrews Green (WI) Obey Engel Matsui Smith (MI) each such waiver— Baird Greenwood Olver Everett McCrery Smith (TX) (1) determines that the national security Baldacci Gutierrez Owens Ewing McHugh Souder so requires; and Baldwin Hall (OH) Pallone Farr McInnis Spence Barr Hastings (FL) Pascrell (2) transmits to the Congress that deter- Fletcher McIntosh Spratt Barrett (WI) Hefley Paul mination, together with a detailed descrip- Foley McIntyre Stabenow Bass Hill (IN) Payne tion of the reasons therfor, including an ex- Ford McKeon Stearns Becerra Hoeffel Pease Fowler Meek (FL) Stenholm planation of how the sanctions will further Berkley Holt Pelosi Frost Meeks (NY) Stump the national security. Berman Horn Petri Gallegly Mica Stupak (c) UNILATERAL ECONOMIC SANCTION DE- Biggert Houghton Porter Ganske Miller, Gary Sweeney FINED.—In this section, the term ‘‘unilateral Bilbray Hoyer Price (NC) Gekas Minge Talent Blagojevich Hulshof Ramstad economic sanction’’ means any restriction or Gibbons Mink Tanner Blumenauer Inslee Rangel condition on economic activity with respect Gillmor Mollohan Tauzin Boehlert Jackson (IL) Rivers to a foreign country or foreign entity that is Goode Moran (KS) Taylor (NC) Bonior Jackson-Lee Roemer Goodlatte Murtha Terry imposed by the United States for reasons of Borski (TX) Ros-Lehtinen Goodling Myrick Thomas foreign policy or national security, except in Brady (PA) Johnson (CT) Rothman Gordon Napolitano Thompson (CA) a case in which the United States imposes Brown (OH) Jones (NC) Roukema Graham Nethercutt Thompson (MS) the measure pursuant to a multilateral re- Campbell Jones (OH) Roybal-Allard Granger Ney Thornberry Capuano Kelly Royce gime and the other members of that regime Hall (TX) Northup Thune Cardin Kennedy Rush have agreed to impose substantially equiva- Hansen Norwood Thurman Carson Kildee Ryan (WI) lent measures. Hastings (WA) Nussle Tiahrt Castle Kilpatrick Sabo Hayes Oberstar Traficant (d) APPLICABILITY.—This section shall Chabot Kind (WI) Sanchez Hayworth Ortiz Turner apply only to private commercial exports Clay King (NY) Sanders Herger Ose Udall (NM) that are not subject to any Federal guar- Coburn Kleczka Sanford Hill (MT) Oxley Vitter antee or direct credit. Collins Klink Sawyer Hilleary Packard Walden Conyers Kucinich Saxton Hilliard Pastor Walsh Mr. NETHERCUTT (during the read- Costello Largent Scarborough Hinchey Peterson (MN) Wamp ing). Mr. Chairman, I ask unanimous Coyne Larson Schakowsky Hinojosa Peterson (PA) Watkins Crowley LaTourette Sensenbrenner consent that the amendment be consid- Hobson Phelps Watt (NC) Cummings Lazio Serrano ered as read and printed in the RECORD. Hoekstra Pickering Watts (OK) Davis (IL) Leach Shays Holden Pitts Weldon (FL) The CHAIRMAN. Is there objection Davis (VA) Lee Sherman Hooley Pombo Weldon (PA) to the request of the gentleman from DeFazio Levin Sisisky Hostettler Pomeroy Wicker DeGette Lewis (GA) Slaughter Washington? Hunter Portman Wilson Delahunt Linder Smith (NJ) Hutchinson Pryce (OH) Wise There was no objection. DeLauro Lipinski Smith (WA) Hyde Quinn Wolf Mr. DIAZ-BALART. Mr. Chairman, I DeMint LoBiondo Snyder Isakson Radanovich Young (AK) Deutsch Lofgren Stark reserve a point of order against the Istook Rahall Young (FL) Diaz-Balart Lowey Strickland amendment. Jefferson Regula Dixon Luther Sununu The CHAIRMAN. The gentleman Doggett Maloney (CT) Tancredo NOT VOTING—11 from Florida reserves a point of order. Doyle Maloney (NY) Tauscher Duncan Markey Taylor (MS) Boucher Gutknecht Pickett Mr. NETHERCUTT. Mr. Chairman, Ehlers McCarthy (MO) Tierney Brady (TX) Jenkins Reynolds the policy of the United States of English McCarthy (NY) Toomey Brown (CA) Lantos Waters Chenoweth McCollum America for years has been to impose Eshoo McDermott Towns unilateral sanctions against trade be- Etheridge McGovern Udall (CO) b Evans McKinney Upton 1358 tween our Nation and other nations Fattah McNulty Velazquez Ms. DANNER, Ms. BROWN of Flor- with which we might disagree on policy Filner Meehan Vento matters. The policy of sanctions im- Forbes Menendez Visclosky ida, Mrs. MEEK of Florida, and Messrs. Fossella Metcalf Waxman HILL of Montana, HILLIARD, posed on other nations with which we Frank (MA) Millender- Weiner LARGENT, SMITH of Texas, ENGEL might disagree on policy matters is Franks (NJ) McDonald Weller and MICA changed their vote from outdated. In 1980, we saw the agri- Frelinghuysen Miller (FL) Wexler Gejdenson Miller, George Weygand ‘‘aye’’ to ‘‘no.’’ culture markets that were prominent Gephardt Moakley Whitfield Mr. BOEHLERT changed his vote for the United States with the Soviet Gilchrest Moore Woolsey from ‘‘no’’ to ‘‘aye.’’ Union, we saw them disappear with the Gilman Moran (VA) Wu imposition of unilateral sanctions Gonzalez Morella Wynn So the amendment was rejected. The result of the vote was announced against the Soviet Union. Representing NOES—230 as above recorded. agriculture as I do, we in the agri- Abercrombie Berry Buyer Stated against: culture communities of this country Aderholt Bilirakis Callahan have still not gotten back the markets Archer Bishop Calvert Mr. GUTKNECHT. Mr. Chairman, I was un- Armey Bliley Camp avoidably detained earlier today and was not that we lost in 1980 by virtue of the Bachus Blunt Canady present for rollcall vote No. 172. Had I been unilateral imposition of sanctions Baker Boehner Cannon present, I would have voted ``no''. against the Soviet Union. There are Ballenger Bonilla Capps today nations around this country Barcia Bono Chambliss b 1400 Barrett (NE) Boswell Clayton upon which the United States has im- Bartlett Boyd Clement AMENDMENT OFFERED BY MR. NETHERCUTT posed unilateral sanctions that we are Barton Brown (FL) Clyburn Mr. NETHERCUTT. Mr. Chairman, I not doing business with, but other Bateman Bryant Coble Bentsen Burr Combest offer an amendment. countries of the world are doing busi- Bereuter Burton Condit The Clerk read as follows: ness with these countries and selling H3796 CONGRESSIONAL RECORD — HOUSE June 8, 1999 agriculture products and medicines to is being raised against it, I understand available to the United States in lieu these countries. We cannot because of that completely, and my friend from of and instead of military action? This our outdated sanctions policy. Florida and I have discussed this issue is a very serious question. Should we What my amendment does is, it lifts at length. I respect him greatly. I re- tie our hands so that the only action those sanctions on all countries on spect his views on this whole issue. I available in American diplomacy is which we currently have sanctions for understand the likely success of this military action? It is a very serious food and medicine only. There is no amendment. But I want to make the question. When we deal with the issue way in today’s world that food should very serious point, that we in this of the dictatorship in Cuba, 90 miles be used as a weapon in international country have to make a decision about away, a state sponsor of terrorism, a relations with other countries. It is in- whether we are going to continue to safe haven for international terrorists humane, it is improper, and what it use food as a weapon and medicine as a with over 100 fugitives from U.S. jus- eventually does is damage the Amer- weapon. We will be faced in this Con- tice responsible, the state itself with ican agriculture community. My State gress with the likelihood that the agri- its air force in addition to that for the of Washington exports roughly 90 per- culture interests of our country, be- murder of U.S. citizens, unarmed U.S. cent of all the wheat that it grows in cause of depressed prices, because of citizens over international waters, our State. We are an export State, and depressed markets, will come to this when we discuss opening of U.S. mar- we feed the world. But yet our farmers, body and say, ‘‘We need more Federal ket, the U.S. market to that state, that in a time of great challenge for Amer- assistance.’’ If that is the case, then regime, that is a very serious matter. ican agriculture, are at a distinct dis- the logical free market way to get And so in essence what I am saying, advantage because we cannot sell to through this is to lift sanctions to with all respect to my colleague, and some of these sanctioned countries. allow sales to be made abroad from a we will continue discussing this issue, What my amendment does is lift free market standpoint. yes, we must find ways to help Amer- sanctions on all countries on which I want my colleagues to know how ica’s farmers, but without helping there are currently sanctions around seriously I view this issue. I hope that America’s enemies. And we will con- the world as those sanctions relate to the House will take this matter up at tinue our discussions. They are in- agriculture and medicine. They involve the appropriate time. tense, they are sincere, they will get to no direct Federal subsidies, these lift- POINT OF ORDER the heart of this matter, at the same ing of the sanctions, but it would allow The CHAIRMAN. Does the gentleman time protecting the U.S. national secu- our farmers to sell directly to sanc- from Florida insist on his point of rity, in essence the national interests tioned nations and sell our product. We order? of the United States. And so at this are at a distinct disadvantage because Mr. DIAZ-BALART. Mr. Chairman, if time, unless my dear colleague has an other countries, our competitors for I may at this point speak to the point announcement to make, I would have our farmers, are able to sell to those of order. an announcement to make myself. countries and provide food and medi- I have the highest respect for the The CHAIRMAN. Does the gentleman cine to those countries. Because of our gentleman from Washington (Mr. continue to reserve his point of order outdated sanctions policy, American NETHERCUTT). He speaks from convic- so that the Chair might recognize the farmers cannot. tion on this issue. As he mentioned, we gentleman from New York (Mr. This is wrong, it is something that have had and will continue to have SERRANO)? should be changed. The market alone, very intense and serious discussions on Mr. DIAZ-BALART. Mr. Chairman, it the dollar market alone for our coun- this point. I also believe that markets is my understanding that the gen- try and our American agriculture com- that should be open to the United tleman from Washington has an an- munity is $6 billion that we would be States at this time are not fully open, nouncement to make. Or I would insist able to bring into this country by vir- the first one being the European Union. on my point of order. tue of sales to those sanctioned na- The European Union, in violation even Mr. NETHERCUTT. Mr. Chairman, I tions. Now, I understand the politics of of accords entered into with us, con- ask unanimous consent to withdraw dealing with a terrorist like Saddam tinues to put up barriers on essential the amendment in light of the gentle- Hussein, or the North Koreans or other products of American producers. And man’s insistence on a point of order. countries on which we have sanctions so this is a key issue. If there has ever The CHAIRMAN. Is there objection and no trade relations. But yet as to been a matter where the wisdom of the to the request of the gentleman from agriculture and medicine, it seems to rule, in this case clause 2 of rule XXI Washington? me this is bad policy, because it hurts prohibiting legislation on an appropria- PARLIAMENTARY INQUIRY our farmers. This amendment allows tions bill, it is on an issue such as this. Mr. DIAZ-BALART. Mr. Chairman, I the President to reimpose those sanc- This is a very serious matter that we have a parliamentary inquiry. tions if for national security reasons he are discussing today. On the one hand, The CHAIRMAN. The gentleman will feels it is in the national security in- we all agree that all that can be done state it. terests of our country to reimpose to open markets to U.S. producers, in- Mr. DIAZ-BALART. Mr. Chairman, if those sanctions. So there is a waiver cluding and very especially our farm- I insist on the point of order, what provision in this amendment. ers, must be done. At the same time, would be the difference between the This amendment received consider- we must recognize that the issue of gentleman withdrawing and my insist- ation in the full Committee on Appro- trading with, opening an entire sector, ence on the point of order with regard priations, of which I am a member, and a very important sector of the econ- to how it would affect debate? I am happy to be a member of the Sub- omy, of the U.S. production to sponsors The CHAIRMAN. The Chair would committee on Agriculture. It was a of State terrorism is a very delicate then have to rule on the gentleman’s wonderful debate. Democrats and Re- matter and a very serious matter point of order. publicans alike debated this issue back which requires great deliberation and Is there objection to the gentleman’s and forth. The amendment unfortu- study. That is why the rule is wise and unanimous-consent request to with- nately lost by a 28–24 vote. But it was it is the committee process and the de- draw the amendment? a great debate and it is something we liberative process that must bring to There was no objection. ought to have in this country as we de- the floor legislation dealing with crit- The CHAIRMAN. The amendment is cide how to help agriculture in the free ical matters such as this. withdrawn. market system as we are moving to When we talk about states such as Mr. SERRANO. Mr. Chairman, I under the farm bill and from a humani- North Korea, state sponsor of ter- move to strike the last word. tarian standpoint how we ought to be rorism, or the Sudan where the Presi- Mr. Chairman, let me just first say dealing with people in these other na- dent recently ordered an air strike that I have the highest respect for the tions who have corrupt governments against a medicine manufacturer, is gentleman from Florida. He knows but not corrupt people. that the only option that should be that. I also have quite a bit of respect This is a humanitarian amendment. I available to the United States? Mili- for the gentleman from Washington fully appreciate the point of order that tary action? Or should sanctions be (Mr. NETHERCUTT) and a lot of respect June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3797 for his amendment and even more with all other countries, but he could be having. It is a debate that we all growing every day for both the gen- not do it for Cuba because of the fact ought to be having in this country be- tleman and all of his other policies. I that this is handled by legislation, that cause it affects foreign policy issues, it think the gentleman from Florida we cannot sell food and medicine to affects economic issues for our coun- makes an interesting point, that we Cuba, and so I think that while this try. should not at times do anything to issue obviously will not be dealt with Look what we do in North Korea. We help enemies we have in foreign gov- today, while this issue obviously will are providing hundreds of millions of ernments. not become law anytime soon, while dollars of agriculture aid, food aid, at But on the other hand, I do not think this issue obviously is still at the cen- the expense of the taxpayer to a regime we should hurt people that live in the ter of a political debate in this House that I think by all accounts is a cor- countries where we may have enemies which is not one that seems for our rupt regime in North Korea. Now I in the government. And so I think that side to be winning, our side being those would rather have our country pur- this issue, as the gentleman from of us who agree that we should do this, chase, I should say our farmers sell Washington has said, is one that we the fact is that the time is coming for commodities to North Korea and other have to deal with. That is why I really this. such regimes like Iran and Iraq and think he has been so courageous on We cannot continue to have food and others with whom we disagree vio- this issue. We may run away from this medicine business, if my colleagues lently on policy issues, but who will issue but we cannot hide from it. Even- will, with China, with Iraq, were Iran, purchase our grain and will purchase tually we are going to be called to an- with Sudan and other countries in the our apples and purchase our other swer questions as the greatest Nation world and continue to argue that one products, peas and lentils and other on earth, as the Nation that produces place 90 miles from Miami should not foodstuffs that will help from a human- the most food in the world: Why during be allowed the same sale. itarian standpoint feed the people of the period of great prosperity for us we So I would hope that we do pay at- those countries and also feed our farm- use food and medicine as a weapon to tention to this issue, and I would hope ers in our rural agriculture economy. bring people around to our political that in the near future the sponsorship So on the one hand our country is giv- will? of our bill will continue to grow. As it ing food to North Korea. This issue is not about whether we is, it is over 150 sponsors at the mo- What I want to do as we debate this agree with a government or not. The ment, and the minute we get to 218, we in the days ahead, and I am not as pes- issue is simply and it has to be re- will talk to our colleagues about bring- simistic as perhaps my friend from New peated over and over again, whether we ing it to the House. York. I think this has a great chance should deprive people in those coun- So I would hope, Mr. Chairman, with to be enacted this year if enough peo- tries whose government we disagree all due respect that all Members would ple will show their concern and com- with the ability to have food and medi- see this for what it is. It is something passion for the issue, and debate it and cine, something that is so available to that is right, it is something that is pursue it very forcefully. I think this is us in this country. And yes, at the fair, and it is something that is long the best policy for our country to deal same time we cannot deny that the overdue. with these regimes diplomatically very way the gentleman from Washington Mr. DIAZ-BALART. Mr. Chairman, forcefully, but not punish them and us and I and other people have presented will the gentleman yield? by not providing them food and medi- this issue, it is also a good investment Mr. SERRANO. I yield to the gen- cine. for this country, not only because we tleman from Florida. I just will put a plug in here, Mr. come off as being what we truly are, a Mr. DIAZ-BALART. Mr. Chairman, Chairman, for H.R. 212. It is the sanc- good country that does not do this to the gentleman said that he came up tions relief bill that has been intro- other people but also because American with incredible numbers that I had not duced, that I introduced, that has lots farmers can sell food and medicine. heard before about what Castro says he of cosponsors, and we can have the de- b 1415 would buy from the United States. I bate about which sanctions we ought I will give my colleagues an example. think the gentleman said $800 million to impose or not impose on which The gentleman from Florida did in rice and $500 million in chicken. countries. But from a conceptual bring up the issue of Cuba. I have a bill Where does he buy that from now? standpoint, from a policy standpoint, to do just that, to sell food and medi- Does the gentleman from New York lifting sanctions is the best policy for cine to Cuba. know? American agriculture, and I hope this In the area of food alone, if my col- Mr. SERRANO. Yes, those purchases House will adopt this, and the other leagues can get past, for a second, the made everywhere but from American body as well, along with the President. issue of whether we should even give farmers. This is good policy for our country. this food away or not and the issue of Mr. DIAZ-BALART. Everywhere. Mr. DIAZ-BALART. Mr. Chairman, food alone, the Cuban Government has Mr. Chairman, could the gentleman will the gentleman yield. made it clear that they would purchase give me where that everywhere is? Mr. LATHAM. I yield to the gen- up to $850 million in rice from this Mr. SERRANO. Well, rice comes from tleman from Florida. country, that they would purchase $700 Asia. Mr. DIAZ-BALART. Mr. Chairman, I million in corn, that they would pur- Mr. DIAZ-BALART. I know that that agree with the gentleman from Wash- chase over $500 million in chicken. is a confidence, but knowing, as I do, ington (Mr. NETHERCUTT). This is an Now, every time I mention one of that Castro does not make those pur- issue that needs debate. Every single these products, I know that a certain chases now, I was curious to find out country in the world is not only geo- State delegation or a different State where the gentleman says that they graphically, but historically and socio- delegation gets excited. What a won- are made now by Castro based on the logically and politically in a different derful opportunity to do that which is fact that he has promised to make situation and in a different moment humanely right and that which is good them in theory from us. with regard to the certainty that it for our farmers. Mr. SERRANO. Those purchases are will have a democratic transition the I must tell my colleagues when I first made now, and they will be made here moment of that democratic transition, got elected 9 years ago, coming from a later. and to broad-brush this issue, certainly district in the Bronx, I never thought Mr. LATHAM. Mr. Chairman, I move again I would reiterate the wisdom of that I would have American farmers to strike the last word. not doing so on an appropriations bill supporting a piece of legislation I pre- Mr. Chairman, I yield to the gen- at the same time that I reiterate my sented, and they do, and they do be- tleman from Washington (Mr. willingness to continue discussions cause they support the fact that it is a NETHERCUTT). with those people like the gentleman good thing to do and a good thing to Mr. NETHERCUTT. Mr. Chairman, I from Washington (Mr. NETHERCUTT) establish, Mr. Chairman. just want to make one final point rel- who feel so strongly out of good-faith Now, the President, as we know, very ative to this debate. It is a good de- in this issue, not out of support for dic- recently said that we should do this bate, it is a debate that we all ought to tatorships, but out of good faith, and I H3798 CONGRESSIONAL RECORD — HOUSE June 8, 1999 will continue our discussions because it Mr. COBURN. Mr. Chairman, I ask debate is about. It is not about whether is dangerous to broad-brush, it is indis- unanimous consent to control one-half or not somebody can have an abortion; pensable that we not and that we rec- of the time, 1 hour, and allow the oppo- we all know that that is possible. ognize that sending signals to coun- sition to control one-half. b 1430 tries; for example, some terrorist The CHAIRMAN. Any Member seek- states that have absolutely no way ing to control 1 hour in opposition? Regrettably so, from my viewpoint. that they can pay, sending signals to Ms. KAPTUR. Mr. Chairman, yes, we But, rather, the debate is about pro- them that they will no longer be sanc- will on this side control the 1 hour in tecting unborn life from unwise use of tioned, that they will be in a situation opposition. Federal taxpayer dollars. where the American market will be The CHAIRMAN. The gentlewoman Mr. Chairman, I reserve the balance open to them before liberation of polit- from Ohio (Ms. KAPTUR) will control of my time. ical prisoners or free elections are held the 1 hour in opposition. The gen- Ms. KAPTUR. Mr. Chairman, I rise in can be very destructive at this par- tleman from Oklahoma (Mr. COBURN) opposition to the amendment, and ticular time. will control the 1 hour in favor. yield myself such time as I may con- So I thank the gentleman for yield- Mr. COBURN. Mr. Chairman, I yield sume. ing, and I look forward to further dis- myself such time as I may consume. Mr. Chairman, as the gentleman cussions on this issue which must not Mr. Chairman, we are going to hear a knows, on many votes we share similar be broad-brushed and which must re- lot of debate this afternoon and state- values, a similar point of view, and this main leaving to the United States the ments about the intended purpose of Member certainly does not have a vot- option in particular instances of not this amendment. I want to say from ing record of supporting Federal fund- having to have recourse to military ac- the outset that this amendment is not ing for abortion. I have read carefully tion as the only way in which the intended to have an effect on any drug the gentleman’s amendment. I think it United States can act. used for any purpose other than that is a bit different from the one the gen- Mr. LATHAM. Mr. Chairman, I just which is specifically spelled out in this tleman offered 1 or 2 years ago, if I re- want to make one point. amendment. call. I do not think this would be as much The taxpayers of the United States I think that the wording of the gen- of an issue if we did not use embargoes spend a great deal of money each year tleman’s amendment has a worthy pur- like we have in this recent administra- in funding the Food and Drug Adminis- pose. The problem is, I oppose the gen- tion, and talk about sanctions, they tration. There is something terribly tleman’s amendment respectfully for are embargoes. No one likes to use that wrong when we ask the taxpayers of three reasons. First of all, on the basis term because in agriculture that has this country to spend money in a way of science. real connotations, has real effects. which is designed to give the Food and I do not think that we can really say We remember the Nixon embargo, the Drug Administration the ability to re- with certainty and the kind of broad Carter embargo, how that devastated search and approve drugs that are de- language that the gentleman has in- the agriculture. This, in fact, is what signed to kill unborn children. cluded in his amendment that you we are talking about, our embargoes, Now let me say that again. The pur- know for certain what every drug will and in the last 80 years there have been pose of this amendment is to limit the be used for. I do not have a Ph.D. in 120 embargoes put forth by this coun- FDA’s ability to approve any drug science myself, but certainly in the try and other countries, and in fact which has its sole purpose to eliminate area of medical science, if I think over half of them have been put in and terminate an unborn child. about the decade of the brain that we place in the last 61⁄2 years. This should not be in a debate about are now working our way through and So my colleagues can see the dra- abortion, and I do not intend it to be. all of the discoveries that have been matic impact this has had on agri- It is about how we use taxpayers’ made, for example, in the area of men- culture in recent years, a major reason money and for what purpose should tal illness, most of them by accident; for the decline in prices today, the fact that money be used. in places like France, for example, that 40 percent of the world’s popu- Abortion is legal in this country. I where patients were on operating ta- lation today is under some type of em- recognize that. But allowing a Federal bles, and in order to alleviate pain they bargo from the United States, and it is agency to spend taxpayers’ dollars to were using certain types of pain medi- extraordinarily destructive to agri- perfect and approve a method under cations, and, all of a sudden, they dis- culture, to free trade and our position which we take life to me seems totally covered, my gosh, why did that work to in the world market. irreconcilable with the fact that our help to diminish hallucinations and AMENDMENT OFFERED BY MR. COBURN whole country is supposed to be about other conditions relating to mental ill- Mr. COBURN. Mr. Chairman, I offer the pursuit of happiness, the pursuit of ness? an amendment. freedom and the pursuit of life. We certainly are in a period of time The Clerk read as follows: So this amendment will not block now where many of these medications Amendment offered by Mr. COBURN: Cytotech from being used in other that were by accident discovered to Insert before the short title the following medicines and in other ways, it will have application for the remediation of new section: not block RU–486 if it has an intended the symptoms of mental illness are SEC. . None of the funds appropriated or purpose for giving life, saving life, pro- being worked on, and medical science otherwise made available by this Act may be longing life. It will not stop any utili- is at a new horizon in terms of hope- used by the Food and Drug Administration for the testing, development, or approval (In- zation of FDA funds in terms of that fully finding answers for the millions cluding approval of production, manufac- effort. Its sole purpose is to say to the and millions of people that suffer from turing, or distribution) of any drug for the FDA none of their money should be those illnesses. chemical inducement of abortion. used in a manner which will enhance I think similarly to some of the lab Mr. SKEEN. Mr. Chairman, I ask the taking of unborn life. experiments that have been done, even unanimous consent that all debate on It is a very simple proposition. the discovery of the X-ray itself was an this amendment and all amendments Whether one believes in abortion or do accident. They did not go in there, I thereto close in 2 hours and that the not, both sides of this issue believe think it was Mr. Roentgen, was that time be equally divided. that we have way too many abortions. not the name, to actually discover x- The CHAIRMAN. Is there objection None of us think that abortion is a rays, but it happened. All of a sudden to the request of the gentleman from great thing. There are not many people we have a major technology like that New Mexico? who have been through an abortion that has been used around the world There was no objection. who think an abortion is a great thing. now because of the ability of science to The CHAIRMAN. Does the gentleman So I want to move our debate not to probe into the unknown, but then to wish to designate with whom the time the issue of abortion, but whether or figure out practical applications. will be divided? not we can in good conscience utilize I think the gentleman’s desire to Mr. SKEEN. Mr. Chairman, no, we do taxpayer dollars to perfect drugs to limit abortion is a very worthy objec- not. kill unborn children. That is what the tive, and I do not think anybody on June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3799 this side of the aisle would disagree ly do believe that this should be within ever, even for those who support abor- with the objective. The problem is that the Food and Drug Administration. I tion on demand, approving RU–486 is you cannot really say to medical do not think that we should be making shortsighted and it is a risky approach. science that you are going to know for this decision on the floor. We should Scientific studies have shown a link every drug or every chemical that FDA leave it up to the people over at FDA between abortion and breast cancer. reviews, you are going to know that it to decide the procedures for drug ap- Unfortunately, many who commit would have an end result that you are proval and so forth, and Federal law abortions do not want to let women talking about. currently provides that no Federal know about that risk. Mr. COBURN. Mr. Chairman, will the money can be spent for abortion. That Breast cancer is the leading form of gentlewoman yield? has been on the books for many, many, cancer among middle-age American Ms. KAPTUR. I yield to the gen- many years. So I think that we should women, but we do not even want to tell tleman from Oklahoma. let the FDA do its job. women who are considering abortion of Mr. COBURN. Mr. Chairman, perhaps Finally, I would say to the gen- this risk. the gentlewoman did not hear my first tleman, with all due respect, this sub- Ten out of 11 studies on American statement. There is nothing in this committee of the Committee on Agri- women report an increased risk of amendment that will limit the re- culture had absolutely no testimony on breast cancer after having an induced search of any drug in any way, in any this issue. The gentleman is bringing a abortion. concept, whose purpose is something very important issue to the floor. I per- A meta-analysis in which all world- other than that. So if you were to take sonally, as just one member of that wide data were combined reported that Cytotech or RU–486 and say you want subcommittee, would have appreciated an induced abortion elevates a wom- to try to use it in a different way, this to have the FDA testify before us, an’s risk of developing breast cancer by does not limit that at all. When you many scientists, to talk about the 30 percent. How can we in good con- file an application with the FDA, you chemistry of what the gentleman is science approve new forms of abortion give what your intended purpose is. concerned about, to try to perfect the before we study the breast cancer and What this amendment says is if you language of what the gentleman is try- abortion link further and let women bring to the FDA a drug whose only in- ing to offer here. know of the risk? tended purpose is to induce the separa- We really have heard from no one in This is the kind of investigation that tion of a blastocyst from the uterine the public on this particular sub- should be done. This kind of informa- wall, that is the technical term for committee. So I find it somewhat un- tion should be held in hearings before what it does, that they should not comfortable to try to accept the gen- the committee. So I urge the Members spend money approving that. tleman’s amendment, when our sub- to support the Coburn amendment to If you bring the same drug to the committee really had absolutely noth- protect women, both born and unborn. FDA and say this is something that ing, we did not spend one minute on Ms. KAPTUR. Mr. Chairman, I yield solves a problem with the liver, or this this within the committee itself. 41⁄2 minutes to the gentlewoman from decreases portal hypertension, even So for those three reasons, and I the State of Connecticut (Ms. though it might have that effect of want to yield time to other Members to DELAURO). causing an inducement of abortion, it comment, on the basis of science, on Ms. DELAURO. Mr. Chairman, I is still approved. the basis of the safety by having the thank the gentlewoman for yielding me Let me give you some examples. FDA involved, and also committee pro- time. There is a new hair treatment to grow cedure, I would respectfully oppose the Mr. Chairman, I might just say to hair back on the head of the gentleman gentleman’s amendment. the last speaker, very quickly, that in from California (Mr. WAXMAN), yet it Mr. Chairman, I reserve the balance fact the editor of the Journal of the cannot be used around anyone wanting of my time. National Cancer Institute has said that to get pregnant. Why? Because it Mr. COBURN. Mr. Chairman, I yield there is insufficient evidence that ex- causes severe birth defects and can in myself such time as I may consume to ists to link induced abortion and breast fact induce abortions. That was ap- respond. cancer. That is a medical opinion. proved. This would not eliminate that Mr. Chairman, again, what the gen- Let me move onto this amendment drug from ever coming to market or tlewoman just said is it is against the this afternoon. I am shocked, quite the FDA spending money on it. Federal law to use Federal dollars for frankly, that we are going through this Ms. KAPTUR. Mr. Chairman, re- abortion, but in fact when the FDA ap- debate again this year after the outcry claiming my time, I guess my point is proves a drug whose sole purpose is to of the many medical and pharma- to the gentleman that scientific in- kill unborn children, that is spending ceutical organizations who opposed quiry and the work of the FDA by its Federal dollars to perform abortion. So this amendment last year. It is an un- very nature probes into the unknown, I would counter that. precedented invasion into the FDA’s and even though the gentleman says Number two, there was no intention approval process. that a given drug has to state a pur- to come before your committee on this Quite frankly, this is a place where pose, I am saying that we do not al- issue. This is a well-known issue, this Congress has no right to be. We are not ways know, once science begins to is well documented. There is lots writ- scientists. We do not know what is best move, all of the various applications ten on RU–486 and Cytotech, and for the health of American citizens. that science might ultimately have for through this discussion I will be happy This amendment is intended to block that substance. to give you all of the references in the research. It blocks not only drugs that So I think that one of the reasons for literature on that. are currently in the pipeline, but po- my opposition to the amendment is I Mr. Chairman, I yield 5 minutes to tential future breakthroughs in bio- do not think we ought to prejudge the gentleman from Pennsylvania (Mr. medical research. It is an attempt to science. We ought to let the Food and PITTS). promote an anti-choice agenda. I have Drug Administration move forward, Mr. PITTS. Mr. Chairman, I rise respect for people who have a different the scientists ought to move forward. today in support of the Coburn amend- view of this issue on choice than I do, Let them do what they do best. ment’s efforts to protect the lives and but the proponents of this amendment I would guess that most drugs have health of our Nation’s women and un- are risking the lives of millions of more than one application, and the born children. Americans, because this amendment chemicals that go into them. Even This amendment would bar FDA’s ap- would also block the development of today, many drugs are given, prescrip- proval and development of new drugs drugs to cure cancer, ulcers, rheu- tion drugs in fact, that may have side whose primary purpose is to induce matoid arthritis, epilepsy, and other effects or other results that even the abortion. Those are called medical conditions because some of FDA scientists have not anticipated as abortifacients. those drugs can cause a spontaneous they begin. Some people believe it is in the best miscarriage. The second reason I oppose the gen- interests of women to make all forms Let me read you a portion of a letter tleman’s amendment is because I real- of abortion available to women. How- from the National Coalition of Cancer H3800 CONGRESSIONAL RECORD — HOUSE June 8, 1999 Research that is just one of the many breast cancer. Supposedly there is a allow the FDA to do its job free from medical organizations that is firmly link between breast cancer and abor- right-wing intimidation. The American opposed to this amendment: tion. This should be examined much people do not want the Christian Coali- ‘‘Attempting to legislate any drug’s more thoroughly before any new forms tion in charge of our Nation’s drug ap- approval or disapproval is inappro- are approved. proval process. priate. It starts down a slippery slope Ten out of 11 studies on American This amendment may also prohibit of prohibiting development in certain women report an increased risk of the development of new, more effective drug categories. The comment that the breast cancer after having an induced contraceptive methods, if Members be- ranking member of this committee abortion, particularly among women lieve, as some do, that any form of hor- made, not only does it threaten the with a history of breast cancer in their monal contraception, like in this bill, credibility of the drug approval proc- families. We know this is already a is tantamount to an abortion. ess, it would impede the development major problem which we are trying to What about other drugs that as a side of pharmaceuticals to treat different effectively deal with because currently effect may induce abortion, like many diseases not related to reproduction, cancer is the leading form, or breast chemotherapy drugs and anti-ulcer such as cancer. If disease or condition- cancer is the leading form of cancer medication? Will research be halted on specific approval is dictated by legisla- among middle-aged American women. these lifesaving drugs as well? This tive action, drug researchists’ efforts In the few countries in which RU–486 amendment is too vague even to give to develop new therapies will be sty- is available, it is strictly regulated by us a clear answer to that question. mied.’’ By passing this, the FDA’s ap- the government’s health care systems. So, Mr. Chairman, this amendment is proval process would be prevented from However, in the U.S., control of abor- about much more than RU–486. It is having the opportunity to do some- tion drugs is more lax, and sometimes about whether the FDA will be free to thing about this issue. they are often dispensed without a doc- test, develop, and approve needed drugs Let me just talk to you for a second tor’s approval, which again potentially without congressional interference. It as a cancer survivor. I am a survivor of endangers women’s health. is about whether politics or science ovarian cancer; 25,500 women will con- But because of the potentially dan- will govern our Nation’s drug approval tract ovarian cancer this year; one-half gerous side effects of abortion, and this process. of them will die. Any chemotherapy is not just physical, this is emotional, Since Roe v. Wade, the anti-choice drug that is taken by anyone with can- as well, these drugs should not be ad- minority has attempted to stymie con- cer, any chemotherapy drug has the ministered without consultation and traceptive research and suppress ad- propensity to cause a spontaneous mis- medical follow-up with a doctor. So I vances in reproductive health. For ex- carriage. Why do we take our personal hope we give this serious thought. ample, there used to be 13 pharma- philosophy about where we are on Ms. KAPTUR. Mr. Chairman, I am ceutical companies engaged in contra- choice and try to foist it on the mil- very pleased to yield 4 minutes to the ceptive research. There are now four. lions of Americans who, through no gentlewoman from the great State of Thankfully, despite pressure tactics, fault of their own, contract cancer or a New York (Mrs. LOWEY), a member of scientists have made some important serious illness? the committee. progress. Among the most significant b (Mrs. LOWEY asked and was given is the development of RU–486. 1445 permission to revise and extend her re- RU–486 would make a dramatic dif- Why would we relegate millions of marks.) ference in the options available to women to die because we have a par- Mrs. LOWEY. Mr. Chairman, I thank women facing unintended pregnancies. ticular view on choice? our ranking member for yielding time It could make abortion, already one of Mr. Chairman, it is wrong for us to to me. the safest medical procedures, even prevent biomedical research. We have Before I address the overall issue, I safer. Women in France have been an obligation. We spend billions of dol- would like to respond to my colleague, using RU–486 for a decade. It is also lars to promote what happens at the the gentlewoman from North Carolina available in Sweden and Great Britain. National Institutes of Health because (Mrs. MYRICK) by reading another Over 400,000 women have had abor- we believe we have the obligation to quote. tions using RU–486. The New England cure disease in this country. Do not ‘‘The Danish researchers concluded Journal of Medicine has published clin- take an action here this afternoon that that induced abortion has no effect on ical trials confirming its acceptability would in fact condemn millions to die the risk of breast cancer.’’ When re- and effectiveness. Also, RU–486 has an- because somehow we want to score a porting on a particular study, the New other significant advantage over cur- point on choice in this country. York Times stated: ‘‘This longstanding rent abortion procedures, it can be It is wrong, it is unconscionable, and issue shall now be settled. No evidence given in the privacy of a physician’s of- I plead with my colleagues to defeat exists to link induced abortion and fice. this outrageous amendment this after- breast cancer.’’ What will the right do when it is ap- noon. Mr. Chairman, I rise in strong opposi- proved? Will it picket every doctor’s Mr. SMITH of New Jersey. Mr. Chair- tion to the Coburn amendment. The office in America? Will it harass every man, I ask unanimous consent to con- amendment would stop the drug ap- woman in the Nation? Thankfully, it trol the time allotted to the gentleman proval process in its tracks by placing cannot. That is why it is fighting to from Oklahoma (Mr. COBURN) during unprecedented roadblocks in front of block the approval of this drug. his brief absence. the FDA. It puts ideology ahead of Mr. SMITH of New Jersey. Mr. Chair- The CHAIRMAN (Mr. PEASE). Is there science and compromises women’s man, I yield myself such time as I may objection to the request of the gen- health. consume. tleman from New Jersey? The Coburn amendment would block Mr. Chairman, first of all, I just want There was no objection. the final approval of a drug, RU–486, to respond briefly to the previous Mr. SMITH of New Jersey. Mr. Chair- that the FDA has already declared to speaker. When I hear talk of the so- man, I am happy and pleased to yield be safe and effective. I repeat, this called anti-choice minority, I find that such time as she may consume to the amendment would block final approval not only empirically unsound, because gentlewoman from North Carolina of a drug that the FDA has already de- the data clearly shows America is mov- (Mrs. MYRICK). clared safe and effective. ing increasingly toward the right-to- Mrs. MYRICK. Mr. Chairman, I think This amendment would make FDA life position. But its insulting as well. most of us agree that we would like to drug approval contingent not on Minority? I don’t think so. As a matter be seeking alternatives to abortion, science but on politics. The FDA is of fact, two polls recently came out. rather than making abortion more ac- charged with protecting the public’s One was done by Faye Wattleton’s cessible. health, and should not be subject to group, the former president of the But the one issue that I wanted to congressional interference. Should we Planned Parenthood Federation of speak on today is what has been shown subject each FDA decision to a con- America. According to The Center for scientifically as an increased risk of gressional vote? Mr. Chairman, let us Gender Equality Survey, January of June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3801 1999: ‘‘Seventy percent of women favor performed, and then they are re- she will get breast cancer. Why the more restrictions on abortions;’’ inserted to grow and develop and ma- coverup women, 70 percent. That doesn’t sound ture until birth time. We would hope that the FDA would like a ‘‘minority’’ to me. The survey Birth has to be seen, I say to my col- spend more time looking at drugs to also found fifty-three percent of women leagues, as an event that happens to mitigate breast cancer and to try to today favor banning abortion except each and every one of us. It is not the get rid of that terrible, terrible disease, for rape, incest, and life of the mother. beginning of human life. That happens and that the whole abortion establish- Rape, incest and life of the mother is much, much sooner than that at fer- ment would stop the cover-up, and about two or three percent of all the tilization. begin informing women about their reasons as to why abortions are pro- What the gentleman from Oklahoma risks. cured. So most women want most abor- (Mr. COBURN) is trying to do with his Let me just also point out, Mr. Chair- tions made illegal. amendment is to say that babies are man, that RU–486 and chemical abor- Most of the 4,000 babies who die, each not junk. They are not throwaways. tions, just like dismemberment abor- day in America from abortion would be Some Members want to allow the FDA tions, just like those abortions where saved if the opinions of a majority of to invent the newest form of mouse- the baby’s brains are literally sucked women—if their sentiment—were en- trap, to come up with another more le- out, partial birth abortions, chemical acted into law. The Coburn amendment thal way of destroying unborn chil- abortions are just another way of kill- does far less than what a majority of dren. We can’t allow that to happen. ing the baby. women want and we are not talking And RU–486 is not really a morning I think it is time to stop pro-abortion even remotely about banning abortion after drug, it is used up to 7 weeks sophistry and the ignoring of the basic in this pending amendment. Yet, 53 after fertilization. It causes the abor- fact that every act of abortion takes a percent of women today favor banning tion to occur usually after 7 weeks into life. It is violence against children. abortion, except for rape, incest, or life the gestational cycle. That is not Some day we are going to realize that, of the mother. morning after. Mr. Chairman. We do not want our tax The survey interestingly points out I find it offensive, that my tax dol- dollars being used to perfect another that that is up from 45 percent of lars, American people, not some so- way, another chemical poison, another women just 2 years ago. So there is a called anti-choice minority but a pro- baby pesticide to kill babies. That is sea change occurring. Americans are life majority are used to test and ap- what we are talking about. Come up beginning to wake up to the fact that prove deadly poisons for children. with drugs that heal, do not promote abortion is violence against children. The pro-abortion side does not enjoy drugs and make me and my colleagues There is also a USA Today CNN Gal- a majority in this country. Through on the pro-life side on both sides of the lup poll that found that 55 percent of manipulation of poll data over the aisle fund and pay for killing agents. all men and women say abortion in years the pro-abortion side has given Mrs. LOWEY. Mr. Chairman, will the America should be legal only under the impression, the perception that gentleman yield? rape, incest, or threat to the life of the that is the case, but now the pollsters Mr. SMITH of New Jersey. I yield to mother. So again, a majority of men are now asking more specific and en- the gentlewoman from New York. and women and a majority of just lightening questions, and all of a sud- Mrs. LOWEY. Mr. Chairman, I would women that have been found in the den it is revealing that, one, more peo- just like to refer my colleague again to USA Today-CNN poll and the Center ple are pro-life, and also, when they statements from the National Cancer for Gender Equality survey that the ask the same question over the last Institute, because we feel so strongly majority is in favor of protecting the several years, there has been a change that we should not be mixing up poli- lives of innocent unborn children, ex- in our direction. tics and science, confusing our own cept in the most extreme cir- My friend from New York Mrs. personal views, and I respect the gen- cumstances that, frankly, rarely, rare- LOWEY says there is no linkage of abor- tleman’s, on whether or not women ly happen. tion and breast cancer. Yet 10 out of 11 should have a choice. I would expect If we had legislation that protected studies on American women report an that the gentleman respects others’. those children, again, we would be sav- increase in breast cancer when women In 1996 the National Cancer Institute, ing most of the lives. When polled on under goes abortion. The ‘‘denial’’ peo- concerned that some anti-abortion funding, an overwhelming majority of ple remind me, of the tobacco Institute groups were misrepresenting the Americans in every poll, and I ask denials who year after year said there science on the subject, issued a state- Members to look at their own polls in is no connection between smoking and ment, not my statement, their state- their own districts, most will show lung cancer. ment, and I quote, ‘‘The available data clearly an overwhelming majority of There is a compelling linkage of on the relationship between induced Americans are against using taxpayer- breast cancer and abortion. Dr. Janet abortions or spontaneous abortions, funded monies to pay for abortions, ex- Daling, with a National Cancer Insti- miscarriages, and breast cancer are in- cept in the rarest of cases. tute-funded study, found that after just consistent, inconclusive. There is no This legislation, this amendment, the one abortion there is an increase in the evident of a direct relationship be- amendment offered by the gentleman aggregate of all women of about 50 per- tween breast cancer and either induced from Oklahoma (Mr. COBURN) is the cent in the propensity to get breast or spontaneous abortion.’’ Hyde amendment of the FDA. Let us be cancer. She is not a pro-lifer. She does Mr. SMITH of New Jersey. Reclaim- very clear about it, it is the Hyde not agree with my position or that of ing my time, Mr. Chairman, as I point- amendment being applied to testing of the gentleman from Oklahoma (Mr. ed out earlier in the debate 10 of the 11 those drugs that are used to procure an COBURN). studies on American women reported abortion. She also found that if a woman an increase on breast cancer when the I believe history and human rights aborts her first baby that number women had an abortion. You may say observance are on our side, the pro-life shoots up to 150 percent. Shame on there needs to be more studies. I say side. Some day the viewpoint from the those who say there is no linkage. there needs to be more studies. Every- pro-abortion side will be seen as so They are misleading women. They are body says that. misguided and even cruel that people misleading women. And putting women But when we get a preponderance of will say, how could they have imposed at risk. studies pointing in the same direction, such violence on innocent, unborn chil- Dr. Daling also found that where I think we should alert women that dren, especially at a time when we there is a history of breast cancer in there is a negative devastating side ef- know more about unborn children than that family, the vote skyrockets to 270 fect sometimes manifesting itself 20 to ever before in the history of mankind percent when abortion is involved. So 30 years down the line that cannot be or womankind. Today microsurgery on if the mother, or the grandmother or ignored and trivialized. unborn children, is almost common sister or someone in that family has When Janet Daling’s study came out, place. Children are literally lifted out had breast cancer, one abortion means which was National Cancer Institute- of the mother’s womb and surgery is that there is a greater likelihood that funded it received adequate coverage in H3802 CONGRESSIONAL RECORD — HOUSE June 8, 1999 the Washington Post for one day. Then is a proper position for this govern- not what his amendment says. His all trace of the story was killed with ment or this Congress to get involved amendment says that the FDA cannot spin from the abortion rights side. in things that are wrong or they do use any of its funds for testing, devel- Mr. COBURN. Mr. Chairman, I ask not. opment, or approval of any drug for the unanimous consent to reclaim control Now my colleagues may not agree chemical inducement of abortion. Well, of the time. with the issue, but to use the false ‘‘for the chemical inducement of abor- The CHAIRMAN. Is there objection premise that we should not be dis- tion’’ may be a side effect of a drug to the request of the gentleman from cussing this is intellectually dishonest; that may be intended to cure cancer. It Oklahoma? it is inappropriate and misstates the may be intended for some other pur- There was no objection. situation. pose. Mr. COBURN. Mr. Chairman, I yield There is nothing in this amendment Now abortion is legal. If abortion is myself such time as I may consume. that will limit NCI’s research whatso- legal, why should we not allow funds to Mr. Chairman, I want to respond to ever into any cancer treatment, into be used by private enterprise to de- the National Cancer Institute study. any treatment whatsoever in any way. velop a drug that would lead to safer The gentlewoman added one word there To claim otherwise is to distort the abortions, earlier, safer abortions? that totally throws out what they said, truth for purposes of debate and to not We have heard the story about the ‘‘spontaneous.’’ If we add all the spon- carry out an equitable and fair debate. link of abortions with breast cancer. I taneous abortions in with the induced Mr. Chairman, I reserve the balance have seen no evidence of that. But let abortions, we will not get an effect, be- of my time. us say that there is a drug that would cause the number of spontaneous abor- Ms. KAPTUR. Mr. Chairman, may I allow a termination of a pregnancy tions is close to 600,000 to 700,000 per inquire of the Chair the remaining without any additional risk that may year, 800,000 in some studies. So by time on both sides, please. now be out there for those who do de- combining that data, a normal re- The CHAIRMAN. The gentlewoman cide to terminate a pregnancy. sponse to a wrong and incomplete re- from Ohio (Ms. KAPTUR) has 441⁄2 min- This amendment is a political productive event to the termination of utes remaining. The gentleman from amendment. It really is inappropriate a normal event, we do not have good Oklahoma (Mr. COBURN) has 401⁄2 min- in this legislation not to allow the data. They know that. That is why utes remaining. FDA to do its job, which is to use they put that material in there. Ms. KAPTUR. Mr. Chairman, I yield science, to allow research based on I want to continue my point, if I myself such time as I may consume. science as the FDA considers whether a may. I will be happy to debate back Mr. Chairman, I wish to state that, drug ought to be marketed to the and forth with the gentlewoman. as I listened to the gentleman from American people. Mr. Chairman, I heard from this floor Oklahoma (Mr. COBURN) and his desire I would hope that we would oppose statements exactly opposite of what I to try to protect life, I think that his this amendment and let FDA do its job said was the intention of my amend- amendment and the words of his and allow a procedure that is legal to ment. I am deeply concerned that peo- amendment, in fact, do not do that. So be done in the safest possible way. ple would use untruth about what this there is not a disagreement with the Mr. COBURN. Mr. Chairman, I yield intended amendment is. Everyone objective, but rather the means to get myself such time as I may consume. knows me well enough that I am not there. I would like to respond to the gen- going to oppose good research for Mr. Chairman, I yield 3 minutes to tleman from California (Mr. WAXMAN). things that help people get well. the distinguished gentleman from Cali- Number one, the definition of ‘‘for’’ There is nothing, and it does not fornia (Mr. WAXMAN). under the dictionary that we have in matter what the gentlewoman says, Mr. WAXMAN. Mr. Chairman, I the House is with the object or purpose there is nothing in this amendment thank the gentlewoman from Ohio (Ms. of. that will eliminate any cure for cancer, KAPTUR) very much for yielding to me The gentleman refuses to address our eliminate any process under which any this time. issue. Our issue is that Federal dollars drug can be studied for cancer, because This bill does not provide taxpayers should not be used to enhance the tak- the actual application that the Food subsidies for abortion. This bill before ing of life. Now, his claim that he has and Drug uses, which is right here, it us is an appropriation to fund the Food no knowledge of the connection be- says, what is the purpose for the IND. and Drug Administration. The Food tween breast cancer and abortion, I can And if the purpose is chemical induce- and Drug Administration receives ap- take that. He probably had not read ment for abortion, then they cannot do plications from those private indus- the studies. I have read every study. it. If it says anything else other than tries that manufacture drugs who come Having been trained in science and that, they cannot. to them and say we want to market our having read all studies associated with Finally, I would like to comment drug. But the law says we must apply breast cancer and abortion, I think about the comments on whether or not to FDA to assure the public that the there is some legitimacy to it. I do not we ought to be involved in this. drug is safe and effective. The FDA know how much there is, but I have then uses its scientific method to de- b read it at least. 1500 termine whether the drug ought to be Number two is, for the gentleman to If the issue of life is not something sold as safe and effective. object that this is not a place for this this House should debate, I do not The Coburn amendment would pre- debate, again it is not inappropriate, know what we should debate. There is vent the FDA from using science. It for we have an opportunity as Members nothing more important, whether it is would say to the FDA they may not ap- of this House to put limitation amend- the end of life or beginning of life. prove a drug that is safe and effective ments on appropriations bills. We may We can have our differences. We have because we are going to substitute a not like it, and I understand that, but a Supreme Court ruling; I understand political judgment for what has been a it does not mean that it is inappro- that. But to say we should not be de- scientific judgment under which the priate or wrong for us to do it. bating and then finally to say that FDA has been mandated in carrying I also have the legislative history Congress should not try to work what out its responsibilities. So what we are where my dear friend, the gentleman it thinks the will is, I would propose doing is preventing taxpayers’ funding from California (Mr. WAXMAN), has that most of those who oppose this of the Food and Drug Administration been very effective in doing some of amendment voted for the amendments to determine whether a drug is safe and these same things in the past himself. that limited drive-through deliveries, effective. So the use of a limitation amendment that limited drive-through mastecto- Now, there is an interesting argu- on an appropriation bill is both appro- mies, so they have already said that ment that the gentleman from Okla- priate and within the rules of the they believe that Congress should prac- homa (Mr. COBURN) makes, and I am House. tice medicine. sure he is sincere, that his amendment So again I want to say this amend- My colleagues cannot claim both would only apply to a drug solely to be ment will not, and I will take my col- sides of this issue. Either they think it used for abortion purposes. But that is leagues to the application of the Food June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3803 and Drug Administration, one has to (Mr. HOSTETTLER asked and was months after conception, it is a child 9 list a purpose or indication for a drug given permission to revise and extend months after conception, and it is a when one applies. If that is something his remarks.) child 2 years after it is born. other than the inducement of abortion, Mr. HOSTETTLER. Mr. Chairman, I We should not, as Members of this then they can approve anything. The rise in strong support of this amend- House, be asked to subscribe to a the- gentleman from California (Mr. WAX- ment from the gentleman from Okla- ory in science that was done away with MAN) knows that. He knows what the homa (Mr. COBURN). The Supreme hundreds of years ago by scientific forms say. He knows more about the Court has told us that we have to allow knowledge at that time. Therefore, we Food and Drug Administration than the killing of unborn children on de- are being asked to facilitate the FDA anybody in this Congress. I understand mand. It has not, however, told us the doing something safe and effective. If that. But he also knows full well that government has an obligation to facili- that child is a child at conception, and this amendment will have its intended tate this service. it does not automatically spontane- purpose, and that no drug whatsoever This amendment would help ensure ously generate into a child sometime which has a purpose other than that that American taxpayers do not end up later, then we are to make sure that will be limited in any way. funding the approval of drugs that are drugs are safe and effective for children Mr. WAXMAN. Mr. Chairman, will designed to kill our unborn children. that are inside the womb as well and the gentleman yield to me? FDA’s mission, as it was created by not be facilitating the destruction of Mr. COBURN. I am happy to yield to this very Congress, should be to ap- that human life. the gentleman from California. prove drugs that save lives, not end Finally, I will say that there has Mr. WAXMAN. Mr. Chairman, I will lives. been much said here about cancer sur- insert for the RECORD a statement from I would just hasten to add that Con- vivorship, and I would be one that the Food and Drug Administration gress does have oversight responsi- would say that I am pleased at the rate where they say very clearly they do bility with regard to all agencies of the of survivorship of Members of this not read the gentleman’s amendment Federal Government. It has been stated House, Members of this Chamber. My as he does. Their lawyers have said this that Congress is sticking its nose into mother is a cancer survivor. However, will prevent them from dealing with places it should not be. Well, if Con- my father had cancer and he is not a any drug that is brought to them for gress should not be here now, then it is survivor of cancer. This weekend I am approval that may have the con- assumed that the proponents of that going to take part in a relay for life sequence of terminating a pregnancy. where those survivors of cancer are But my view is, even if its original philosophy say that the Federal Gov- going to come and celebrate life. My intended purpose is to terminate a ernment should not have been involved father will not get to take part in that pregnancy, if it is a safer way to do in the Food and Drug Administration’s process this year because he is not a that, we may be saving lives as a re- creation. survivor of cancer, but I can tell my sult. We may be saving the life of the Secondly, there has been the point mother. made with regard to the Supreme colleague this: that the way my father Mr. COBURN. Reclaiming my time, Court and the Supreme Court decision raised me is such that he would not let me give the gentleman from Cali- that has been made. Earlier today we take one innocent child’s life in order fornia some reasons why we have heard an oath from a new Member that for him to survive cancer. breast cancer associated with abnormal said he swore to support and defend the And that is not what this amendment pregnancies. When a woman is preg- Constitution of the United States. He does. It says and I quote, ‘‘None of the nant, there is a large increase of both did not say anything about according funds made available in this act may estrogen and progesterone. The abrupt to what the Supreme Court says that be used by the Food and Drug Adminis- termination of those, one has turn-on the Constitution says. tration for the testing, development, or factors in the breast tissue which are Separation of powers says that the approval, including approval of produc- not modulated in a normal cycle that House of Representatives, the Con- tion, manufacture or distribution, of the body knows how to do it. That is gress, has the constitutional obligation any drug for the chemical inducement why we also see an increased risk of to determine constitutional intent; and of abortion.’’ breast cancer in women who have late that is what the amendment of the This amendment by the gentleman onset pregnancies. gentleman from Oklahoma (Mr. from Oklahoma simply deals with a This is not something that is new to COBURN) is doing right here, saying phenomenon of the day, and that is the medical community. This is some- that it is Congress’ obligation to deter- RU486, an abortifacient, that is not thing that we suspect, and now we are mine how the taxpayers’ money is being used to treat people and cure starting to see data for. I understand spent. people of cancer as it could have my fa- the gentleman’s opposition. I would The point has also been made that ther. Let us remove all the veneer, let say I would be happy to take an Congress are not scientists. Well, there us remove all of the camouflage over amendment from the gentleman from are several of us that happen to be sci- this and tell the story as it is. The gen- California (Mr. WAXMAN) that puts the entists. We are not in the area with re- tleman’s amendment will not stop one word ‘‘solely’’ in there. I would happily gard to medical science, but we have drop of research into saving people’s agree to that. But I think his real ob- been told about other doctrines of lives that have cancer. I wish that re- jection is that we should not be doing science, other theories of science; and search would have happened a few this. But the point is I am happy to ac- that is one of those old theories that years earlier, so that my father could cept an amendment that will say solely we are asked to subscribe to today. have taken part in that relay for life this weekend. for that, because, as a practicing physi- b 1515 cian, I know we sometimes get con- Let us do say a word for life today. sequences that are ill-effective, and I And that is that we are led to believe Let us say that innocent preborn life is have no intention of stopping it. that if a child, if an individual is con- worth securing, is worth protecting The final point that I would make is ceived, that 9 months later it turns and is at least worth not spending tax- the lawyers for the FDA ought to read into something that it was not. During payer dollars on to find a more effi- the legislative history. This passed the the Dark Ages and shortly thereafter, cient way to exterminate it. House last year, and the history on it that was a scientific theory that was Ms. KAPTUR. Mr. Chairman, I yield shows very much, we actually even had subscribed to, called spontaneous gen- 2 minutes to the gentlewoman from a ruling from the Chair which the gen- eration, which said basically if rancid Colorado (Ms. DEGETTE). tleman from California (Mr. WAXMAN) meat sat in the corner for 24 days, Ms. DEGETTE. Mr. Chairman, I am had the point of order on, which said there will be flies there. So that meant frankly disturbed by the claims that this would do that, and the Chair ruled that rancid meat ultimately turned are being made by the proponents of it would not. into flies. this amendment. The proponents of the Mr. Chairman, I yield 5 minutes to Well, that is not the point here. The amendment say that the drug cannot the gentleman from Indiana (Mr. point is that a child at conception is a be used for the sole purpose of abortion HOSTETTLER). child at conception, it is a child 2 or the primary purpose of abortion, but H3804 CONGRESSIONAL RECORD — HOUSE June 8, 1999 that is not what the text of the amend- funds could be used to oversee or even Now, I practiced internal medicine ment says. What the text of the amend- disapprove of such tests. for 15 years prior to coming to the ment says is none of the funds appro- Mr. COBURN. Mr. Chairman, will the House. I still see patients occasionally priated shall be used for the testing, gentlewoman yield? on weekends. I have had the unfortu- development or approval of any drug Mrs. MORELLA. I yield to the gen- nate experience of diagnosing people for the chemical inducement of abor- tleman from Oklahoma. with cancer; indeed, the even more un- tion. Those words are not in there. Mr. COBURN. Mr. Chairman, I would fortunate experience of seeing many of But there are more problems than say to the gentlewoman that there is my patients die. And I would not sup- that. The other problems are that nothing in the legislative history or port any amendment that in any way there is no recognized definition by the the ruling of the Chair from last year would interfere with the new develop- FDA of the words ‘‘chemical,’’ ‘‘induce- or the legal parameters that we have ment and approval of drugs for the ment,’’ or ‘‘abortion.’’ So nobody is fil- had that makes the gentlewoman’s treatment of cancer. And I think it is ing applications with the FDA saying statement a true statement. very disingenuous for anybody to we want to use this research solely for The fact is that all drugs whose sole imply that this amendment would have the purpose of the chemical induce- purpose is something other than the that kind of an implication. This ment of abortion. chemical inducement of abortion have amendment is very, very clear in its The truth is the way this amendment free reign at the FDA, and I thank the language. It is very, very well targeted. is written it would prevent research on gentlewoman I would also like to point out that many, many drugs which may have a Mrs. MORELLA. Reclaiming my what we are talking about today is side effect of causing abortion. And if time, Mr. Chairman, the gentleman’s very, very significant. The FDA has my colleagues believe the last speaker, amendment, though, would say review been around for years, and it has safe- many people believe that that is appro- of any drug that could possibly induce guarded the American people from the priate. Many people believe that it is a a miscarriage as a possible side effect. introduction of many potentially dan- worthwhile societal goal to have mil- Well, now this amendment is opposed gerous drugs. A great example of this is lions of cancer victims die in order to by such groups as the National Coali- thalidomide, a drug that was intro- stop what may be abortions. That is tion for Cancer Research and the duced in Europe and produced terrible unacceptable both from a human and a American Medical Association, and birth defects. But our American Food scientific standpoint. they believe very strongly, as we do, and Drug Administration never ap- The truth is under this amendment that attempting to legislate any drug’s proved that drug and, thus, prevented we would be banning research of drugs approval or disapproval is inappro- millions of American babies from being which would cause miscarriages by priate and that not only does it threat- born with such a type of malformation. treating cancer, hypertension, cir- en the credibility of the drug approval The Food and Drug Administration has never had a drug application before rhosis, rheumatoid arthritis, and even process, but it would impede develop- it where the specific intent of the drug some vaccines. We cannot sacrifice sci- ment of pharmaceuticals that may be was to lead to the death of an unborn entific research into abortion, which is used either as contraceptives or to baby. Now, abortion, obviously, is a legal, or equally importantly into can- treat diseases related to reproduction. very controversial issue. Every time cer and all these other things simply As a matter of fact, it was during these issues come up, the arguments because of a political agenda. And that last year’s debate that drug companies are very, very impassioned. And they is what we are talking about here. We stated that researchers and pharma- should be because it is an issue of life are talking about a political agenda. ceutical companies would be less likely to invest in drugs that might cause and death. And the reason this amendment is We all know that the baby in the miscarriages, and currently many written so broadly is because there are womb has a beating heart. At 40 days it drugs do have this side effect. people who would ban drugs whose pri- has detectable brain waves. Those are So if disease- or condition-specific mary purpose is for other purposes, the criteria that I used to use when I approval is dictated by legislative ac- like cancer research, in order to stop practiced medicine to make a deter- tion, we are in big trouble. So I urge abortion. And that is wrong. Defeat the mination as to whether or not some- my colleagues to vote against this amendment. body was dead or alive. So this is a amendment. Ms. KAPTUR. Mr. Chairman, I yield very, very significant issue. And to Mr. COBURN. Mr. Chairman, I yield 5 2 minutes to the gentlewoman from have the U.S. Food and Drug Adminis- minutes to the gentleman from Florida Maryland (Mrs. MORELLA). tration reviewing a drug and approving (Mr. WELDON), and I would note for the (Mrs. MORELLA asked and was given a drug where its intended purpose is to House that he is a medical doctor. permission to revise and extend her re- kill the unborn baby in the womb, I Mr. WELDON of Florida. Mr. Chair- marks.) think, is very, very inappropriate. I man, I thank the gentleman for yield- Mrs. MORELLA. Mr. Chairman, I think it is very, very appropriate for us ing me this time, and as Yogi Berra thank the gentlewoman for yielding me to speak on this issue. So, therefore, I said, ‘‘It’s like deja vu all over again.’’ this time and I rise in strong opposi- would encourage all of my colleagues tion to this amendment which would We are having this argument now and to vote ‘‘yes’’ on the Coburn amend- restrict the FDA from its current sys- it is the same set of arguments as we ment. tem of research and testing of drugs had last year when the Coburn amend- I just want to touch on one addi- that could eventually save lives. ment passed the House, I believe by a tional issue that has come up in the Reproductive health drugs should be margin of 223 to 202. I would encourage course of this debate, and that is the subject to the FDA’s strict science- all my colleagues to vote in support of reported possible link between abor- based requirements which any drug the Coburn amendment. tion and breast cancer. My colleagues, must meet before approval can be I believe very strongly that this is a I have reviewed the studies on this granted, but this amendment would very reasonable and prudent amend- issue and the studies are very, very prevent the FDA from reviewing any ment. As has been very, very clearly compelling that there really is a link. drug that could possibly induce mis- stated by the gentleman from Okla- The statement released by the NCI, I carriages as a side effect. homa, when these pharmaceutical com- believe, is a very disingenuous state- Health research is threatened when panies, medical schools, individuals ment. It really sincerely ignores the we legislate decisions that should be put in these applications for new drug facts on this issue. left to medical researchers and doctors. approval, they put down what its indi- If my colleagues actually take the Under current law, a company that cation is. And the Coburn language is time to read the studies, it is very, wants to begin clinical trials on a new very specific. We had a ruling from the very bothersome to me that there are a drug submits its application to the Chair on this issue last year. If the spe- lot of people within the cancer research FDA for approval and, if the applica- cific indication is to induce chemical community that are turning a blind tion has not been responded to within abortion, under the provision of his eye to this issue. 30 days, the company is free to move amendment they will be barred from Now, finally, let me close by saying forward. With this amendment, no doing that. the President of the United States once June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3805 said in a speech that he wanted to creates a serious problem, and I think even there may not have been any fer- make abortion safe, legal and rare. the House ought to reject it. tilization of the egg. This is not nec- There are lots of us who hold that Our other colleague from Indiana essarily an abortive phase. It depends abortion is never safe for the unborn talked about removing the veneer. on what happened and what did not baby in the womb, and I do not think Well, let us do remove the veneer. This happen, which they do not know at the anybody would argue with that. Some is not just about RU–486. This is about time they take it. It is a very big ad- people may want to turn a blind eye to chipping away once again at ‘‘Roe v. vance. And to deny it and stop it on the the humanity of that child in the Wade’’ and getting this in front of the floor this way is to indicate that we womb, but it is never safe for the child Supreme Court again and seeing if they will approach contraceptive research in the womb. can overturn a woman’s right to the same way and that we will narrow Might I also say that there has been choose. That is what this is about. But rigorously the options available to absolutely no effort on the part of the in the wake of doing that, it creates a women to manage their reproductive administration to truly make abortion lot of damage in the research world. capability and, with it, their health. rare. Indeed, in trying to push through I hope my colleagues will oppose this I strongly oppose this amendment. something like this, we are in many poorly drafted amendment. This Congress should not be banning by ways trying to facilitate abortion, try- Mr. COBURN. Mr. Chairman, I yield 3 procedure methods of abortion. ing to make it easier, make it more minutes to the gentlewoman from Con- Mrs. LOWEY. Mr. Chairman, I yield common. And I do not think we should necticut (Mrs. JOHNSON) who is, I myself such time as I may consume to be going in that direction. might say, in opposition to my amend- respond to the gentleman from Florida I applaud the gentleman for intro- ment. (Mr. WELDON) who I believe has left the ducing this amendment, and I encour- Mrs. JOHNSON of Connecticut. Mr. floor. age everyone to support it. Chairman, I thank the gentleman for But he referred to this administra- Mrs. LOWEY. Mr. Chairman, I ask yielding to me, knowing that I oppose tion and said they have done nothing unanimous consent that I be allowed to his amendment. And I do oppose his to make abortion rare. I would invite manage the time of the gentlewoman amendment very strongly. him and my other colleagues to join us from Ohio (Ms. KAPTUR). The law of the land is that abortion in supporting our contraceptive cov- The CHAIRMAN. Is there objection is legal, whether we like it or not. The erage bill, because that is really the to the request of the gentlewoman law of the land and Supreme Court de- way we reduce the number of abor- from New York? cisions have given women total control tions. Having the Federal Employee There was no objection. over the decision of whether they will Health Benefit Plan and other private Mrs. LOWEY. Mr. Chairman, I yield 2 get pregnant and carry a pregnancy insurance plans cover contraceptives minutes to the gentleman from Texas during the first trimester. That right is will reduce the number of abortions, (Mr. BENTSEN). compromised as the fetus grows and and the administration has been (Mr. BENTSEN asked and was given women have essentially no right to strongly supportive of that. permission to revise and extend his re- abortion except under extreme cir- Mr. Chairman, I am delighted to marks.) cumstances that are life-threatening yield 2 minutes to my colleague, the Mr. BENTSEN. Mr. Chairman, I rise toward the end of their pregnancy. gentlewoman from California (Ms. in strong opposition to this amend- Now, that is simply the law of the WOOLSEY). ment offered by the gentleman from land. If my colleagues do not like it, (Ms. WOOLSEY asked and was given Oklahoma (Mr. COBURN). bring a bill to ban abortion, and let us permission to revise and extend her re- The author of this amendment may, debate that on the floor as the rep- marks.) in fact, believe that it is narrowly resentatives of the people. Let us see if Ms. WOOLSEY. Mr. Chairman, I rise drawn and will not affect other re- America wants a policy that bans abor- in strong opposition to the Coburn search that is being done, but I think tion. amendment. his comments a few speakers ago, when Italy has reversed their policy ban- In my first term in the House of Rep- the gentleman from California was ning abortion because if we ban abor- resentatives in 1993, during the Year of talking, that he was willing to accept a tion, we just raise the number of the Woman, with my good sisters and a clarifying amendment, indicates even a women who die, who die getting illegal good number of men, we fought here on specter of doubt in his own mind that abortions. And we know that that was the House floor so that the United there may be a problem with this true in our history. States could have expanded healthy al- amendment. When we first made abortions legal, ternatives to surgical abortions. We The fact is, even with the ruling of the big change was not an increase in supported research development and the Chair, this issue would not be de- abortions, because there was not any availability of drugs for medical abor- cided by the Chair; it is ultimately de- increase in abortion. The big change tions, like RU–486, in the United cided across the street at the Supreme was a radical, precipitous decline in States. Court. maternal deaths. So, mark my words, Since then, I have witnessed RU–486 this is about abortion. Women have a being made available in Europe, while b 1530 right to abortion and they have a right here in our country in the United That is what is to happen if we go to a variety of safe, legal procedures. States, here in this Congress, we have through with this type of amendment Women in Europe have had access to had to fight back the far right’s con- because it may address RU–486 today, this method for 20 years. stant blows against RU–486 and wom- but it will open the door for lawsuits to This is not about thalidomide. This is en’s health in general. address other types of research tomor- about something that women in Europe I am saddened to say it, but this is row and it will not be decided in this have used for 20 years. Our FDA has re- the same attack by the conservatives body or in the other body, it will be de- viewed it on the basis of science. That as last year and the year before and the cided in the courts. This is a very dan- is their job. And under that standard, year before that. This amendment gerous precedent-setting amendment they have found it to be an effective seeks to deny women the right to early that takes the Congress, in my opinion, agent. And women have every bit as and safe drugs, such as RU–486, when down the wrong path where we do not great a right in America to a pharma- faced with a crisis pregnancy. Further, want to go. ceutical agent as they do to the sur- because it bans the Federal Drug Ad- The gentleman raised the issue of gical procedures. Why would men, in ministration from approving drugs like drive-through mastectomies and drive- America particularly, want to make RU–486, it represents an unprecedented through deliveries, and, yes, voted for the decision for women that they have threat to the FDA’s approval process. those. I do not know if the gentleman to go, in a sense, under the knife rather Let us make no mistake about it. did or not. I think that is a dangerous than taking a pharmaceutical pill? These repeat attacks are an unwar- position for us to take. But here we are So this is, by gum, about a woman’s ranted intrusion on a woman’s life and going even further. And I think this right to choose and the right to abor- a woman’s right to good health, and amendment is so broadly drawn that it tion in the very earliest months when this attack is by the extreme right. Let H3806 CONGRESSIONAL RECORD — HOUSE June 8, 1999 us get the far right out of women’s Now, everybody knows that is wrong. solve the problem of promiscuity and health, get politics out of science, and And this amendment is just the begin- recreational sex. It is a hoax on the allow the FDA to determine what ning of it. It is designed to do that and American people and women, in par- drugs are safe for women. it is designed to hide what it is up to. ticular, to suggest that this is a Once again, I urge my colleagues, Mrs. LOWEY. Mr. Chairman, I am healthy way to handle an unwanted vote against the Coburn amendment, pleased to yield 21⁄2 minutes to my col- pregnancy. We must not send the sig- vote for women and women’s health. league, the gentlewoman from New nal that it is easy as a pill to end an Mrs. LOWEY. Mr. Chairman, I am York (Mrs. MALONEY). unwanted pregnancy. pleased to yield 3 minutes to the gen- Mrs. MALONEY of New York. Mr. This is one of the most important tleman from Washington State (Mr. Chairman, I thank the gentlewoman issues facing our country today, be- MCDERMOTT). for yielding me the time for her leader- cause as we look around at the violence Mr. McDERMOTT. Mr. Chairman, I ship on this issue. and the apparent disregard for life in think, as a physician, I listen to this Mr. Chairman, I rise in opposition. every walk of life, we have got to ques- debate and it is very interesting to This is an antichoice, an antiscience tion if this type of ease in ending life is watch us practice medicine out here on science amendment. It is not just contributing to that. This amendment the floor of the House of Representa- about RU–486. It is about FDA’s ability will do what it needs to do in stopping tives. to test, research, and approve any drug the approval of a way of life in Amer- It is pretty clear that if the gen- based on sound scientific evidence ica, in restoring value to life to all ages tleman from Oklahoma (Mr. COBURN) which may have as a side effect a mis- in America. wanted to ban RU–486, that is what he carriage. It could slow or stop research Ms. KAPTUR. Mr. Chairman, I ask would have put in this amendment. But on a wide range of life-saving drugs. unanimous consent to reclaim my it is very clear that this is not what Science, not politics, should deter- time. the intention is. The intention is to get mine what drugs are approved. This is The CHAIRMAN. Is there objection a law out there that they can then get why the National Coalition for Cancer to the request of the gentlewoman involved in lawsuits. It is a very well- from Ohio? known political strategy over the last Research, the American Medical Assocation, the American Public There was no objection. 10 years to start something and get in- Ms. KAPTUR. Mr. Chairman, I yield volved in the courts and tie it up for- Health Association, among others, op- pose this amendment. 3 minutes to the very distinguished ever. gentlewoman from the District of Co- Now, if they have pharmaceutical Many drugs, including chemotherapy lumbia (Ms. NORTON). companies, and the gentleman from and antiulcer medication, have the side effects of inducing abortion. This is Ms. NORTON. Mr. Chairman, I thank Oklahoma (Mr. COBURN) knows this, the gentlewoman from Ohio for yield- they screen all kinds of drugs. Right why pregnant women are advised ing me this time, because I would like now, I heard thalidomide mentioned against taking certain medications. to devote my time to why I think there here on the floor. And it became a very One of the drugs targeted by this is confusion about this amendment. bad drug because of its effects on new- amendment, mefipristone, is not just a The gentleman may be a doctor, but in born babies and causing defects. It is drug to make abortion safer. It has drawing his amendment it is clear that now being used for another illness. And also shown to be useful in treating he is not a lawyer. He says he has when pharmaceutical companies uterine fibrosis, endometriosis, glau- drawn an amendment to stop the FDA screen, they do not know exactly what coma, and certain breast cancer tu- from approving RU–486. The language it is going to be used for. And what mors. he has used instructs us on an amend- they are essentially doing here is open- Another drug targeted by this ing the door for a lawsuit against the amendment, methotrexate, has also ment to stop the FDA from testing pharmaceutical company who comes to been used to treat a wide array of con- drugs that can treat cancer, high blood the FDA, having spent $20 or $40 or $100 ditions including arthritis, lupus, and pressure, ectopic pregnancy, fibroids, million developing a drug, and if some- some forms of cancerous tumors. epilepsy. The list is very long. The rea- body says, this causes abortion, there- Blocking research and development of son is that although the gentleman fore, we have a cause of action against safe and effective drugs in the name of mysteriously says that he would accept them and we stop it, they are inter- abortion politics is just plain wrong. an amendment to limit the language, fering in a process that is presently Never before has Congress told the he does not propose language of that legal. FDA to approve or disapprove of a par- kind. Why has he brought broad lan- A woman has a right to an abortion, ticular drug. guage here? and pharmaceutical companies have a This vote is the 108th antichoice vote The reason that his language is de- right to develop drugs to do that in a before this Congress since the new ma- fective is that, in the law, it is over- very safe way. And for us to get into jority came to power. We should not be inclusive and overbroad. Therefore, in that position, the logical slope that attempting to appeal or repeal a wom- the words he used, it must have unin- they are headed down here, has already an’s right to choose procedure by pro- tended effects. In the law it is called a been mentioned. The next thing will cedure. This is antiscience, antichoice, chilling effect. What that means in this be, when the sperm meets the egg, if antiwoman. I urge a ‘‘no’’ vote. case is that a pharmaceutical company that is a baby, then the next thing is Mr. COBURN. Mr. Chairman, might I will not come forward with a drug that going to be we must ban all birth con- inquire of the time remaining? may cure cancer because that company trol. The CHAIRMAN. The gentleman believes it may be sued because of the We already have difficulty getting from Oklahoma (Mr. COBURN) has 231⁄2 overinclusive language he has used. It birth control paid for by the Federal minutes remaining. The gentlewoman ought to stop every Member in this Employees Health Benefit Program. from New York (Mrs. LOWEY) has 27 body when they know that every chem- And so we know what is in their minds. minutes remaining. otherapy drug can cause a miscarriage. But beyond that, the next thing will be Mr. COBURN. Mr. Chairman, I yield 2 If, in fact, this amendment had been in an amendment out here on maybe the minutes to the gentleman from South the law at the time these drugs were HHS appropriation to prevent any Carolina (Mr. DEMINT). being produced, people who are alive money from being used for medical today by the hundreds of thousands b school training of any school that 1545 would be dead. trains anybody to do abortions. Be- Mr. DEMINT. Mr. Chairman, I rise in I ask you, how many people would be cause if we go back and back and back support of this amendment, because I dead today if we consider how many up the stream, why should we waste think it is important for this Congress drugs are on the market that have un- money training physicians, obstetri- to change the culture of this country intended effects that none of us could cians, in the skill of doing a safe abor- by renewing our commitment to the possibly approve, deadly effects? That tion? We should not because they are value of life. This is not the time to is why politics and medicine, or poli- ending the life of a child, and we get send a signal to all Americans that tics and science are like oil and water. into all this inflammatory rhetoric. abortions of convenience are a way to You get into politicians overreaching June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3807 when you insert political judgments The FDA found mifepristone which The other side understands that but into what should be only scientific has been available in Europe widely for they do not have an argument against matters. nearly 20 years, safe and effective for that, so, therefore, they use an argu- Nor is this one of those great ethical early medical abortion 3 years ago. The ment that is not based on any intellec- issues on the frontiers of science, approval was based on extensive clin- tual honesty. It is based on a dishonest where ethicists and politicians have ical trials in this country and in pass out of bounds. This is about, and I some reason to intrude, because abor- France. They await information on am not ashamed to say, I do not think tion is legal, and I regret to say that manufacturing and labeling of the drug one dollar of Federal taxpayer money miscarriages are also legal. We are en- before final approval can be issued. should be used to figure out how to kill titled to ask, where does it begin, This amendment could have dan- an unborn child. I have no embarrass- where will it end? I believe we must gerous implications for the develop- ment for that whatsoever. I am proud today let it end with legitimate sci- ment of drugs that are used for pur- to make that statement. entific research. If we care anything poses other than terminating a preg- If we look at what is going on in our about the many drugs that will be nancy. Many drugs, including those for country, we understand where violence stopped by this amendment, we must chemotherapy and antiulcer medica- comes from. The first act of violence is defeat the Coburn amendment. tion, have the side effect of inducing an to violate a baby in its mother’s womb. Ms. KAPTUR. Mr. Chairman, I yield abortion. That is why pregnant women When we decide that that life has no 1 minute to the distinguished gen- are advised that taking such a medica- value, then no life has value, regardless tleman from Washington (Mr. tion could imperil their pregnancy. of what the Supreme Court said. At 19 MCDERMOTT). New developments in the treatment of days postconception, a baby has a Mr. MCDERMOTT. Mr. Chairman, in these and other conditions, for cancer heartbeat. At 41 days postconception, the earlier debate I did not say some- and for other conditions, would be pro- the baby has brain waves. In this coun- thing that I think needs to be said out hibited under the broad scope of this try, in every State, in every territory here. We hear all these polls, that the amendment. New contraceptive devel- you are alive if you have brain waves opment would also be targeted. American people do not like abortion and a heartbeat, and you are only dead Mr. Chairman, the right to abortion and all this stuff. But I would tell you, if you do not. So explain to me why a in the election of 1998 in the State of services should be safe and legal. The baby at 51⁄2 weeks postconception is not Washington, the issue of partial-birth Supreme Court grants this right. What considered alive when if you are con- abortion was on the ballot, and the this amendment would do, even at the sidered the opposite of that, you are people turned it down. price of letting people who otherwise Now, you can tell me all you want would not have to die from cancer, die considered dead. We are schizophrenic about polls but the only poll that real- from cancer because it would prevent in our law because we cannot have ly matters is when people actually the development, the approval of cer- equal justice under the law for the un- come out and vote. I believe that the tain chemotherapies, what this would born when we want the convenience of gentlewoman from the District of Co- do is to deny the FDA the right to ap- doing what we in fact know is wrong. Mr. Chairman, I yield 2 minutes to lumbia (Ms. NORTON) has really put her prove a drug simply because it would the honorable gentleman from Illinois finger on the whole issue. Because if do what is legal and is a guaranteed (Mr. HYDE), the chairman of the Com- you open up a cause of action against right and that, Mr. Chairman, is wrong. every pharmaceutical company that That is why the amendment should be mittee on the Judiciary. Mr. HYDE. Mr. Chairman, I want to brings anything to the market or to rejected. congratulate the gentleman from Okla- the FDA for approval that might cause Mr. COBURN. Mr. Chairman, I yield homa (Mr. COBURN) for making a nec- an abortion, you are going to chill the myself such time as I may consume. essary stand for life and against the pharmaceutical industry, which is ex- We have heard again the tactic from culture of death. The question is about actly the reverse of what I see in the the other side, it is to misdirect, to abortion. It is a shame that in dis- appropriations process. We put all this dodge. This is not about creating law- cussing this life-and-death issue, the money into the National Institutes of suits. This is not about preventing drug Health because we treasure our health research in other areas. This amend- forces of prolife are demonized as care system, including the pharma- ment is written very clearly. I would antichoice ideologues. One good thing that has come from ceutical industry. It is a bad amend- happily have taken an amendment this debate has been the use of the ment. from the gentleman from California Ms. KAPTUR. Mr. Chairman, I yield (Mr. WAXMAN) because then I would word ‘‘abortion.’’ You are getting 2 minutes to the distinguished gen- have felt he would have been obligated away, however slowly, from the euphe- mism of ‘‘choice,’’ because, of course, tleman from New York (Mr. NADLER). to vote for the amendment, and that is (Mr. NADLER asked and was given why he would not offer it. We under- there is no choice for the unborn what- permission to revise and extend his re- stand that. soever. The question is, should Federal marks.) This is about spending Federal funds be used to pay for learning how Mr. NADLER. Mr. Chairman, I rise money in a way to figure out how to to make chemical warfare on a defense- today in strong opposition to this kill unborn children. That is what this less, unborn child? You relegate that amendment. This amendment would amendment is about. There is no ulte- child to nothingness because you do ban FDA approval of RU–486 which has rior motive to it. It is saying, is it a not consider the well-being of the been found safe and effective for early, principle position of this country to child. You only consider the woman nonsurgical abortion and is awaiting tax working families and then take who for one reason or another wants an final approval by the FDA. RU–486 that money and spend it on science on abortion, and that is a tragedy. But life would expand access to safe abortion how to figure out how to kill an unborn is precious. And once it has begun, that for American women. Its consideration baby. That is what this amendment life ought to be protected. for approval should be dependent on does. They know that is what it does. Now, yes, abortion is legal. More is the science, not dictated by antichoice The only thing that we are hearing is the pity. What a shame on this coun- ideologues. that this will limit cancer research, try’s conscience. But the policy of this This debate is not about RU–486 or this will make unintended con- government and this Congress has been abortion. It is about the FDA’s ability sequences. That is not true at all. Hav- not to coerce money from working peo- to test, research, and approve any ing been in the drug manufacturing ple to pay for the extermination of a drugs for a legal purpose based on business, having applied for NDAs and human life once it has begun. Those sound scientific evidence. Reproductive INDs, I understand full well how the people arguing against the gentleman health drugs should be subject to the FDA works. There is an area on the ap- from Oklahoma are all for abortion. FDA’s strict science-based require- plication. You have to specify what They think that is a good thing. God ments that any drug must meet before you are applying that drug for. If it is bless them for thinking so. I think it is approval can be granted, but they for anything other than the induce- a horrible thing. I think it is morally should not be singled out because they ment of abortion, this law will have no wrong. I do not think people ought to are reproductive health drugs. effect. be coerced into supporting it because it H3808 CONGRESSIONAL RECORD — HOUSE June 8, 1999 is morally wrong. I hope Members will treatments for breast cancer, HIV and both breast cancer and brain tumors. support the Coburn amendment as I do. burns. The Coburn amendment forces They feel that there is a substantial Ms. KAPTUR. Mr. Chairman, I yield researchers to turn away from these potential with RU–486. That ability to 3 minutes to the very distinguished promising treatment opportunities. research the capability of RU–486 gentlewoman from California (Ms. Mr. Chairman, the Coburn amend- would be completely terminated under PELOSI). ment puts a social agenda ahead of a this legislation. Ms. PELOSI. Mr. Chairman, I thank woman’s needs, ahead of needs of indi- So my colleague’s suggestion is in- the distinguished ranking member of viduals confronting a variety of dis- consistent with the facts. the committee for yielding me this eases, ahead of rulemaking authority Mr. COBURN. Mr. Chairman, will the time and for her great service on the of the FDA. Once again, this Congress gentlewoman yield? Subcommittee on Agriculture. must decide whether to put political Ms. JACKSON-LEE of Texas. I yield Mr. Chairman, I want to respond to agendas ahead of health research. to the gentleman from Oklahoma. some of the comments made by the dis- Mr. Chairman, I urge my colleagues Mr. COBURN. Mr. Chairman, there is tinguished gentleman from Illinois to oppose the Coburn amendment. nothing in this amendment that will keep a drug manufacturer or the manu- (Mr. HYDE), and distinguished and re- Mr. COBURN. Mr. Chairman, I yield spected he is. He talked about the myself such time as I may consume. facturer of RU–486 from making an ap- chemical warfare that we would be I wonder if the gentlewoman from plication to use that drug in any way they want except the chemical induce- waging on the unborn. But I want to California (Ms. PELOSI) might stand point out to my colleagues that the and take a question? Might I inquire, ment of abortion. That is a fact. Mr. MORAN of Virginia. The lawyers’ Hyde amendment allows for termi- and I would be happy to yield her to opinion is quite different, but I think nation of a pregnancy in cases of rape, answer, what part of my amendment we will make that point subsequently would eliminate RU–486 from being incest and life of the mother. If this is on the record. indeed the Hyde amendment and what used in breast cancer research, burns Ms. JACKSON-LEE of Texas. Mr. the gentleman from Illinois believes or any other portion? Chairman, I thank the gentleman from and those who support the Hyde Ms. PELOSI. Mr. Chairman, will the Virginia, and I would like to pick up amendment, then why would they not gentleman yield? where the gentleman left off, particu- want to have women have access to Mr. COBURN. I yield to the gentle- larly acknowledge the gentleman from woman from California. safe, early, nonsurgical abortion? Oklahoma (Mr. COBURN), that none of Ms. PELOSI. Mr. Chairman, I say the b 1600 us rise to the floor of the House to gentleman’s amendment would have a challenge any of the beliefs, and I know I certainly respect the gentleman’s chilling effect on the research. Medical religious beliefs and understand them, the very sincere beliefs held by you and research thrives, we have free and open many who oppose the women’s right to as a Catholic, myself, and mother of inquiry. choose along with my respected col- five, grandmother of four, and that we Mr. COBURN. Reclaiming my time, league on the Committee on the Judi- do not think abortion is a good thing. there is nothing in the amendment ciary. Abortion is a failure, it is a failure that will have such an effect. But if I might share with those who across the board. But to deprive the Again, we are seeing an attempt at are listening, the language of this FDA of the opportunity to engage in characterizing the amendment in amendment, which indicates that none research which would provide safe, something other than it is. I under- of the funds appropriated or otherwise nonsurgical terminations of pregnancy stand why, because there is not a good made available by this act may be used in case of rape, incest and life of the factual argument against the Federal by the Food and Drug Administration mother seems entirely contradictory to Government taking taxpayer dollars to for testing, development or approval what the amendment offered by the figure out how to kill children. It is an- including approval of production, man- gentleman from Illinois (Mr. HYDE) is, other part of the problem that we find ufacturing or distribution of any drug if he sincerely believes in that, and I do ourselves in our society today. for the chemical inducement of abor- believe he is sincere. It would trample There is nothing in this amendment tion. It may sound narrowly focused, on the FDA’s ability to test, research that will limit in any way what the but if I may draw the gentleman’s at- and approve drugs based on sound sci- FDA can do if a drug manufacturer tention to the fact that chemotherapy entific evidence, and in that respect comes and uses, says I want to take 486 drugs can cause a miscarriage, most of the amendment offered by the gen- and get an indication for it for burns these drugs would not have been devel- tleman from Oklahoma (Mr. COBURN) is and breast cancer treatment; there is oped and future drugs may be jeopard- starting to have this body, this room, nothing in this amendment that will ized just by the broadness of the lan- this Chamber, look like the Flat Earth limit them from it. All they have to do guage. Society again, Mr. Chairman. is say that is what we are going to do I rise today in opposition to the Coburn We have our Flat Earth Society days with it. Amendment that would limit FDA testing on around here, and this appears to be one And if they want to then let a doctor the drug mifepristone or RU±486. This amend- of them. RU–486 has been available to use it in an unapproved way, that is up ment, as drafted, would limit FDA testing on women in Europe for nearly 20 years. to them. But to approve a drug for the any drug that might induce miscarriage, in- After extensive clinical trials in this very purpose of taking life goes against cluding drugs that treat cancer, ulcers and country and France, the FDA has de- everything our country is founded on: rheumatoid arthritis. termined that this drug is safe and ef- the pursuit of life. And we are pursuing The FDA is charged with determining fective for an early medical abortion ways to take life. whether a drug is safe and effective. such as the kind allowed under the Mr. Chairman, I reserve the balance Mifepristone satisfied that requirement in 1996 Hyde amendment for rape, incest and of my time. based on clinical trials and it is expected to re- the life of the mother. Ms. KAPTUR. Mr. Chairman, I yield ceive final approval soon. But this amendment is not about ac- 3 minutes to the gentlewoman from Mifepristione was developed as a drug that cess to one safe and effective drug. The Texas (Ms. JACKSON-LEE), a distin- induces chemical miscarriage. It has other po- Coburn amendment would have a dan- guished Member. tential use in treating conditions such as infer- gerous chilling effect on the develop- Ms. JACKSON-LEE of Texas. Mr. tility, ectopic pregnancy, endometriosis, uterine ment of drugs that are used for a wide Chairman, I thank the gentlewoman fibroids and breast cancer. variety of purposes, Mr. Chairman. from Ohio. For example, chemotherapy drugs can Drugs used to treat other conditions Mr. Chairman, I yield to the gen- cause miscarriage. Most of these drugs would including cancers and ulcers can induce tleman from Virginia (Mr. MORAN). have not been developed, and future drugs abortion. The FDA’s ability to consider Mr. MORAN of Virginia. Mr. Chair- may be jeopardized. Research of potential approval of these therapies would be man, I wonder if the gentleman from treatments for each of these conditions is cru- abolished. Oklahoma is aware that NIH is cur- cial to women's health. Controversy con- And RU–486 also has promise for rently looking at RU–486 as potentially cerning this particular drug should not be a other potential medical uses including a very effective method of addressing barrier to treatment. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3809 Science should dictate what drugs are ap- Yet by the same token we have an abortions less necessary, not more dan- proved by the FDA, not politics. Congress has amendment here that is so counter to gerous, and I am sorry that this never instructed the FDA to approve or dis- that philosophy that we here in this amendment is being offered to an oth- approve a drug. The FDA protocol for drug ap- Chamber are now going to wade into erwise outstanding bill. proval depends upon rigorous and objective the operations of doctors and physi- The amendment was offered last scientific evaluation of a drug's safety. Ulti- cians and clinical experts to decide year. Although it passed the House mately, this is a decision that should be made how to interpret the word ‘‘for,’’ be- narrowly, it faced a veto threat from by the researchers and doctors. cause that is what this comes down to. the administration, rejected by the This amendment could jeopardize the integ- How Mr. COBURN interprets the word Senate members of the agriculture ap- rity of the FDA approval process. Under this ‘‘for’’ is very narrowly. It says it is propriations conference committee, process, a company that wants to begin clin- only RU–486. and strong opposition from medical ical trials on a new drug must submit an appli- The American Medical Association, groups, patient advocacy organizations cation for FDA approval. If that application has the American College, American Col- and the biomedical community. It was not been approved within 30 days, the com- lege of Obstetricians and Gyne- wisely stripped out of the final version pany may move forward. cologists, the American Medical Wom- of the bill signed by the President. This amendment would prevent the FDA en’s Association and others interpret it The amendment faces the same wide- from reviewing any application for a drug that is that a whole litany of research will spread opposition today, but I hope might induce miscarriage. No funds would be now be off the table because that word that this year my colleagues will send available for the FDA to even oversee any ‘‘for’’ is ambiguous, and that is the sec- this amendment to the defeat it frank- trials. ond problem with this bill. It is intel- ly deserves right here in the House Therefore, I urge my Colleagues to oppose lectually ambiguous. floor. this amendment. We cannot afford to inhibit It is difficult to determine when re- Mr. Chairman, Congress should not research on certain health conditions based search begins what the outcome might inject politics into the FDA’s drug ap- upon the controversy of the particular drug. be. It is difficult for scientists some- proval process. This amendment ig- We also cannot allow the FDA to be limited in times to know when they are doing re- nores sound science, it puts women’s its ability to approve drugs based on politics. search on figuring out how to put a health in jeopardy, and it should be de- Ms. KAPTUR. Mr. Chairman, I yield shuttle into space, that they might get feated. myself such time as I may consume. technology that produces something Ms. KAPTUR. Mr. Chairman, I yield It is very clear that we have a dif- far different. 2 minutes to the gentleman from Vir- ference of philosophy and maybe reli- The same is true here, that the prob- ginia (Mr. MORAN). gious beliefs. I happen to think that I lem with this amendment is, it is craft- Mr. MORAN of Virginia. Mr. Chair- am a person who believes in life and ed in such a way that the gentleman man, I thank the distinguished ranking that I support the right to life. I also says it is to simply stop RU–486 except member of the Subcommittee on Agri- support the right-to-life decision-mak- if RU–486 turns out to cure cancer, then culture, Rural Development, Food and ing being that of the woman, her God it is okay. Drug Administration, and Related and her family, and what we are doing Mr. Speaker, that is not a way for us Agencies. here is to now just intrude into the to be operating in this Chamber. This The prior gentlewoman from New very infrastructure of government to is a very dangerous amendment. York was so right. We spend an enor- be able to say that not even our Food I understand the argument that the mous amount of our time in this body and Drug Administration, which has gentleman is making about abortion. I trying to restrict women’s access to the main responsibility of dealing with disagree with it with every ounce of the best and safest reproductive health the drugs that Americans take to heal my strength, but I understand that. care. If we can channel this energy into themselves, now we are suggesting that The problem is with this amendment is more productive activities, maybe we even the most benign of drugs that it conceivably opens the door to prohi- can find more money for the women may ultimately cause or induce a mis- bitions about all kinds of other types and infant care program or even help carriage, we now are prohibiting of research. to prevent more of the unplanned preg- women, we are prohibiting those who It is simply not the type of business nancies that are the cause of this prob- have ulcers, those who have breast can- we should be doing here, and it is not lem. None of us want to support abor- cer, from even getting that fair treat- the type of business that anyone that tion, and hopefully all of us want to ment by the FDA doing that right kind considers themselves in this body a create an environment where there will of testing. conservative and is intellectually hon- be far fewer abortions. This interferes with the 30-day proc- est in that position should be taking. But what we are talking about today ess that the Food and Drug Adminis- Ms. KAPTUR. Mr. Chairman, I yield is really the political practice of medi- tration has for any new drug that, if 2 minutes to the gentlewoman from cine, and this amendment should be op- they do not comment on it, the manu- New York (Mrs. LOWEY). posed. The drug mifepristone known as facturer can move forward. I think it is Mrs. LOWEY. Mr. Chairman, as we RU–486 has been proven a safe and ef- tragic when we as a government glob- close this debate, I would like to ad- fective method through clinical trials. ally decide to interfere with the pri- dress some remarks again to my good We now know that there are re- vate rights of a woman and deny the friend, the gentleman from Oklahoma searchers at the National Institutes for good testing of a drug that may save (Mr. COBURN) because I respect his Health that believe that RU–486 could lives. point of view. We may differ on this be a very effective drug in treating I believe in life. I want to save lives. issue, but I certainly respect his point breast cancer, in treating brain tu- This amendment should be defeated. of view. mors, and yet this amendment would Mr. Chairman, I yield 2 minutes to As a mother and grandmother of preclude that kind of research from the gentleman from New York (Mr. four-and-a-half, I have to tell my col- being conducted because as part of the WEINER). league after 10 years of serving in this FDA approval process, drug trials can Mr. WEINER. I appreciate the oppor- body I am so tired of debating abortion proceed only if the FDA does not dis- tunity, Mr. Chairman, to speak on this on the floor of the House, restriction approve of a trial. If the FDA is prohib- amendment. after restriction, ban after ban, amend- ited from reviewing applications under As my colleagues know, I think the ment after amendment. If we really the Coburn amendment, research may amendment offered by the gentleman want to reduce the number of abor- be conducted without the safety of re- from Oklahoma is fraught with two tions, please work with us to increase view and oversight of the FDA. So fundamental problems. One is a philo- funds for family planning. Work with women would be asked to participate sophical inconsistency. I have come, in us to ensure that women have access to in trials with no review of the safety of my brief time here, to view Mr. COBURN prescription contraceptives. the protocol. as a consistent, conservative voice in I have been working to prevent unin- So that is not going to happen, and this Congress, something that he tended pregnancies, reduce the num- as a result, we may be precluding very should be proud of perhaps. bers of abortions. We need to make important advances in medicine. But H3810 CONGRESSIONAL RECORD — HOUSE June 8, 1999 we also are told by the lawyers that hundred percent of the women lose venience sake, because we made a mis- there is, and I accept the fact it is un- more blood with a chemically induced take, because somebody erred, because intentional, but it is a very important abortion than they would either somebody failed to protect themselves, side effect because there are many through a spontaneous or a surgical that it is okay to destroy that life, I drugs whose principal purpose may not abortion. It may not be important to reject it. I do not dislike anybody who be abortion, but in fact, are effective in you, but if it is you losing the blood, it disagrees with me on that, but I reject chemotherapy, cancer treatments, hy- becomes very important. that as an argument of the heart and of pertension, cirrhosis, rheumatoid ar- Number three, more than one-third the soul. thritis, ectopic pregnancies, ulcers, of them end up delivering the If we are going to decide in this coun- epilepsy, severe viral infections, all conceptus outside of the clinic. In try that you are dead when you do not kinds of drugs that may have a cor- France, they have very selected rules have heartbeat and brain waves, but ollary effect of inducing abortion. on how you can use this drug. None of you are alive in all 50 States and terri- Those drugs are important. We those are protected and planned in this tories when you do, how can we reject should be supporting them. We should country. the argument that at 41 days every not be engaged in the political practice So is the issue all of the things that fetus, every unborn child, has a heart- of medicine. I urge rejection of this we have heard: Not being able to use beat and a brain wave? Now, you can- amendment. research? Not being able to get cancer not deny that scientific fact. That is drugs? No, it is not. The issue is no- b 1615 absolutely proven. So the response to body from the opposing viewpoint, ei- that question is ‘‘we will talk about Mr. COBURN. Mr. Chairman, I yield ther from the Republican or Democrat something different.’’ myself such time as I may consume. side of the aisle, answered the ques- It is a hard issue, I understand. I wish Mr. Chairman, I would say to my tion, should Federal money be used to we did not have unintended pregnancy. friend from Ohio and the gentleman help find ways to kill babies? Nobody The gentlewoman from New York (Mrs. from Virginia and the gentlewoman wants to answer that question. That is LOWEY) and I have the same goal on from New York this is not a fun debate because there is not a good answer. No- that. We believe in getting there a dif- for me either. I am not happy that we body agrees with it. So, therefore, we ferent way. I am not supporting some are here doing this. But, you know, if see arguments that are something of her contraceptive research, because I one child is not aborted because we other than that. We distort what the am seeing what is happening with con- have this debate, I am willing to do it argument is because there is not a good traceptives and sexually transmitted all night long, 365 days a year. That is argument. disease and cancer of the cervix, which how much I value life. We will not limit in any way the abil- is at an all-time high in this country, Now, I want to discuss for a minute, ity of the FDA to do any research. under the false assumption you are you say we should not be politicizing What we will say is, is if your number safe, when a condom offers no protec- the FDA with this action. Well, I want one goal is to figure out how to kill an tion from human papilloma virus what- to tell you, the FDA is already politi- unborn baby, number one, first of all, soever, yet we tell all our kids they are cized. How many drugs do you know of this does not work in 2 days or 3 days safe. that have been approved of basically on or 5 days or 6 days postconception. I Well, I am tired of all the deceit research done overseas? There is zero, am sorry if that is what people think. around the arguments. There is good except one. Guess what drug that is? This works 4 and 5 and 6 and 7 and 8 science. I am a scientist by training. I Guess what drug that is? That is RU– weeks after. It is not a morning-after have read the studies. I have looked at 486. drug. That is now how it is going to be it. This amendment is designed for one The vast majority of the studies on used. thing only. RU–486 were not conducted in this What this is going to do is say if you The gentleman from Washington country; they were conducted overseas. are intending to bring a drug to the State gave me more credit. I have That totally is a whole new precedent market, then the FDA should not spend never thought out about to figure out for the FDA. They have never before the first Federal taxpayer’s money to how to be devious enough to set up done that on any new drug approval. figure out how to kill a baby. All right, lawsuits. My purpose was to say no The second thing I would say is this if that is a consequence of it, of some taxpayer money from Oklahoma or amendment will have no effect whatso- other intended purpose, maybe that is anywhere else ought to be used in fig- ever on any other utilization of any okay. Because these drugs, Cytotec is uring out how to kill children. other drug. Cytotec, which is the sec- going to be used for that. You do not Mr. Chairman, I yield back the bal- ond drug used with RU–486, is used to have to have approval of the FDA to ance of my time. protect the lining of the stomach. It is use drugs in ways other than how they Ms. KAPTUR. Mr. Chairman, I yield a prostaglandin inhibitor. We use are indicated. We all know that. myself such time as I may consume to prostaglandins today. We are actually So Cytotec is already being used to close at this point. starting to use Cytotec, a very strong induce abortions. The point is should Mr. Chairman, I rise in opposition to component of this, to induce labor. I we spend the money, your children’s, the gentleman’s amendment for many did it about a week ago, first time. your grandchildren’s, our community’s of the reasons that were stated earlier. So we did not learn that from it money, to figure out how to take a The first one is that I do not think that being studied on the basis of it being life? My answer is no. I ask you, should this Congress should be prejudging an abortifacient or a drug to induce we really do that? I do not believe most medical science. We have talked this abortion. We learned that because that people think we should. afternoon about how scientific discov- drug was developed to protect the lin- That does not say that abortion still eries and how science proceeds, often ing of the stomach for people who have is not legal. It is. The question comes, with unintended consequences. We ulcers, consequently learning that you when you have done, as I have, and sat have talked about how many of the do not dare take that drug if you are there at the bottom of a table when a drugs currently being used to treat pregnant. woman delivers a 10-week fetus or a 12- mental illness in this country were dis- Well, if it works in terms of causing week fetus, and hold it in your hand, covered by accident. uterine contractions, what about using and she is distraught and crying be- They were not discovered in this it to induce labor? Maybe it is safer cause that baby was created by her and country, they were discovered in than pitocin or other prostaglandins. her partner, and is totally unique to France. They were discovered during So there is no limitation that is going anything else that has ever been cre- operating room procedures when pa- to come about from this amendment. ated or ever will be created. It has a to- tients were trying to be put at ease and Five percent of the women who take tally unique genetic structure, it is a the process of pain remediated during this drug get a uterine infection, God-ordained being, and we are going operations, and, all of a sudden, for which, when you have a uterine infec- to say it is okay, we are going to figure some reason, certain drugs worked. tion, number one, it will affect your out ways to kill those God-ordained Eventually they came to this country, ability to conceive in the future. One beings, and we are going to say for con- and even today we do not understand June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3811 why they work to help patients with (RU±486)Ða drug which has been found to Goode Manzullo Saxton Goodlatte Mascara Scarborough serious mental illness. But for some in be safe and effective for early, non-surgical Goodling McCrery Schaffer our population, they have been able to abortion. Goss McHugh Sensenbrenner be given great relief and help through This is yet another political vote and political Graham McInnis Sessions those drugs. Green (WI) McIntosh Shadegg debate on a drug whose benefits have been Gutknecht McIntyre Shaw The same was talked about with x- scientifically proven. This amendment is an Hall (OH) McKeon Sherwood rays. When the scientists invented x- unwarranted intrusion into the work of the Hall (TX) McNulty Shimkus rays, it was an accident. They really FDA, whose job is to decide whether to ap- Hansen Metcalf Shows went in there with one objective, and, Hastert Mica Shuster prove RU±486 or other drugs based on health Hastings (WA) Miller, Gary Simpson all of a sudden, they made a mistake and safetyÐnot abortion politics. Hayes Mollohan Skeen and it turned out to be an x-ray, and Medical abortions and RU±486, if approved, Hayworth Moran (KS) Skelton sometimes science is not quite as sci- Hefley Murtha Smith (MI) would allow more choices to women seeking Herger Myrick Smith (NJ) entific as it seems. I think that this abortion. Medical abortions are a better health Hill (MT) Nethercutt Smith (TX) particular Chamber should not be judg- option for some women. Medical abortions Hilleary Ney Souder ing what is science and what is not allow women to avoid surgery as well as pro- Hobson Northup Spence science. Hoekstra Norwood Stearns tect their privacyÐwomen can receive RU± Holden Nussle Stenholm For the amendment of the gentleman 486 in pill form in a regular doctor's office, and Hostettler Oberstar Stump from Oklahoma (Mr. COBURN), which I be spared the trauma of protesters and vio- Hulshof Ortiz Stupak would really encourage the Members to Hunter Oxley Sununu lence that continue to stigmatize these women Hutchinson Packard Talent read if they are going to be voting on for exercising their constitutionally protected Hyde Paul Tancredo this, because I do not think his amend- right to choose. Istook Pease Tauzin ment says what he purports to do in his Approval of RU±486 is critical so that doc- Jenkins Peterson (MN) Taylor (MS) oral remarks here, but this amendment John Peterson (PA) Taylor (NC) tors may use this procedure when they believe Johnson, Sam Petri Terry would absolutely set a dangerous it is the safest way to end a pregnancy and Jones (NC) Phelps Thornberry precedent. leave the woman with the best chance to have Kanjorski Pickering Thune Kasich Pitts Tiahrt This Congress has never legislated a healthy baby in the future. the approval or disapproval of any Kildee Pombo Traficant New contraceptive development would also King (NY) Portman Vitter drugs. That is the job of the Food and be targeted. Many anti-choice groups believe Kingston Quinn Walden Drug Administration. We pay for sci- that some contraceptive methods cause an Klink Radanovich Walsh entists. We, as taxpayers, pay to make Knollenberg Rahall Wamp abortion. This is untrue. If that contention were Kucinich Regula Watkins sure that what reaches our shelves is accepted as fact, research and development LaFalce Reynolds Watts (OK) safe; but we do not prejudge what is of man new contraceptives would come to a LaHood Riley Weldon (FL) Largent Roemer Weldon (PA) medically relevant. halt. This amendment would deprive women of We also know that many drugs are Latham Rogan Weller the benefits of significant contraceptive ad- LaTourette Rogers Weygand tested at the end of use for treatment vances. Lewis (CA) Rohrabacher Whitfield of more than one illness, disease, or Lewis (KY) Ros-Lehtinen Wicker Make no mistake, a vote for this amend- condition. We do not really control Linder Royce Wolf ment endangers the health of women, and Lipinski Ryan (WI) Young (AK) that. So I would say that on the basis adds to the long list of barriers set by the ma- LoBiondo Ryun (KS) Young (FL) of science alone this amendment jority in Congress that make reproductive Lucas (KY) Salmon should be rejected. Lucas (OK) Sanford health services more dangerous and difficult to I think that the committee also on obtain. I strongly oppose the Coburn amend- NOES—214 which we serve, and we are a very re- ment. Abercrombie DeGette Houghton sponsible committee, we are the first Ms. KAPTUR. Mr. Chairman, I yield Ackerman Delahunt Hoyer one on this floor, we are trying to clear Allen DeLauro Inslee back the balance of my time. this bill under regular order, and I do Andrews Deutsch Isakson Baird Dicks Jackson (IL) believe that the gentleman from Okla- The CHAIRMAN. The question is on the amendment offered by the gen- Baldacci Dingell Jackson-Lee homa (Mr. COBURN) has been given suf- Baldwin Dixon (TX) ficient time, actually a lot of time over tleman from Oklahoma (Mr. COBURN). Barrett (WI) Doggett Jefferson the last several weeks, to express his The question was taken; and the Bass Dooley Johnson (CT) Chairman announced that the noes ap- Becerra Edwards Johnson, E. B. points of view, which have been very Bentsen Ehrlich Jones (OH) well articulated. peared to have it. Berkley Engel Kaptur But the truth is, our subcommittee RECORDED VOTE Berman Eshoo Kelly Biggert Etheridge Kennedy never had any hearings on this par- Mr. COBURN. Mr. Chairman, I de- Bilbray Evans Kilpatrick ticular matter. The reason is we are mand a recorded vote. Bishop Farr Kind (WI) the Committee on Appropriations. We A recorded vote was ordered. Blagojevich Fattah Kleczka do not try to tell FDA what to do. We Blumenauer Filner Kolbe The vote was taken by electronic de- Boehlert Foley Kuykendall expect the authorizing committees will vice, and there were—ayes 217, noes 214, Bonior Ford Lampson deal with that. not voting 4, as follows: Boswell Fowler Lantos Boucher Frank (MA) Larson If my experience proves me right, my [Roll No. 173] guess would be that if there are con- Boyd Franks (NJ) Lazio AYES—217 Brady (PA) Frelinghuysen Leach cerns about something that is inappro- Brown (FL) Frost Lee Aderholt Bryant Cunningham Brown (OH) Ganske Levin priate, that is best taken to the au- Archer Burr Deal Campbell Gejdenson Lewis (GA) thorizing committees. Armey Burton DeLay Capps Gephardt Lofgren Bachus Buyer DeMint This amendment is not going to be in Capuano Gibbons Lowey Baker Callahan Diaz-Balart the Senate bill, and it is not going to Cardin Gilchrest Luther Ballenger Calvert Dickey Carson Gilman Maloney (CT) become a part of the final legislation. Barcia Camp Doolittle Castle Gonzalez Maloney (NY) So I would say based on science, Barr Canady Doyle Clay Gordon Markey Barrett (NE) Cannon Dreier based on safe procedures, that this is Clayton Granger Martinez Bartlett Chabot Duncan something the FDA should be imple- Clement Green (TX) Matsui Barton Chambliss Dunn Clyburn Greenwood McCarthy (MO) menting, and also based on regular Bateman Coble Ehlers Condit Gutierrez McCarthy (NY) Bereuter Coburn Emerson order, the gentleman’s amendment Conyers Hastings (FL) McDermott Berry Collins English should be defeated. I would urge my Coyne Hill (IN) McGovern Bilirakis Combest Everett Cramer Hilliard McKinney colleagues to do so. Bliley Cook Ewing Cummings Hinchey Meehan Mr. STARK. Mr. Chairman, I rise in strong Blunt Cooksey Fletcher Danner Hinojosa Meek (FL) Boehner Costello Forbes opposition to the Coburn amendment to the Davis (FL) Hoeffel Meeks (NY) Bonilla Cox Fossella Agriculture Appropriations bill that would ban Davis (IL) Holt Menendez Bono Crane Gallegly Davis (VA) Hooley Millender- the Federal Drug Administration from using Borski Crowley Gekas DeFazio Horn McDonald funds to test, develop, or approve Mifepristone Brady (TX) Cubin Gillmor H3812 CONGRESSIONAL RECORD — HOUSE June 8, 1999 Miller (FL) Rangel Sweeney view a corporate welfare scheme. The it would be a good idea to use that Miller, George Reyes Tanner Minge Rivers Tauscher only problem is that when we cut commercial to attempt to boost raisin Mink Rodriguez Thomas through the pro-MAP propaganda, sales in Japan and put $3 million into Moakley Rothman Thompson (CA) there is no credible evidence to back up the project. Moore Roukema Thompson (MS) their claims. Not surprisingly, however, the ads Moran (VA) Roybal-Allard Thurman Morella Rush Tierney Let me give my colleagues an exam- played in English, leaving many Japa- Nadler Sabo Toomey ple. MAP supporters have argued that nese confused, unaware that the danc- Napolitano Sanchez Towns this so-called business government ing characters were raisins. Most Neal Sanders Turner partnership creates jobs. But I think, Obey Sandlin Udall (CO) thought they were potatoes or choco- Olver Sawyer Udall (NM) Mr. Chairman, that the American peo- late. In addition, many Japanese chil- Ose Schakowsky Upton ple know that the only jobs usually dren were afraid of the wrinkled, mis- Owens Scott Velazquez created by big government spending shapen figures. This, of course, is the Pallone Serrano Vento Pascrell Shays Visclosky programs are for big government bu- kind of wasteful spending that inevi- Pastor Sherman Watt (NC) reaucracies. tably occurs when we give someone the Payne Sisisky Waxman This view of the MAP program is ability to spend other people’s money. Pelosi Slaughter Weiner backed by the General Accounting Of- Pickett Smith (WA) Wexler Mr. Chairman, Congress should end Pomeroy Snyder Wilson fice. GAO studies indicated that this the practice of wasting tax dollars on Porter Spratt Wise program has no discernible effect on special interest spending programs Price (NC) Stabenow Woolsey U.S. agricultural exports. So if the pro- that unfairly take money from hard- Pryce (OH) Stark Wu Ramstad Strickland Wynn gram cannot increase U.S. exports, how working families to help profitable pri- can it possibly create more private-sec- vate companies pad their bottom line. NOT VOTING—4 tor jobs? MAP is a massive corporate welfare Brown (CA) McCollum For years, supporters of MAP have program that we should eliminate Chenoweth Waters lauded the economic benefits created today. b 1646 by the program. However, in April 1999, Finally, in MAP, MAP’s proponents Mr. REYES changed his vote from a GAO report, requested by myself and have argued that due to recent re- ‘‘aye’’ to ‘‘no.’’ Senator SCHUMER and a bipartisan forms, big corporations no longer re- Messrs. DREIER, TAYLOR of North group of House Members, concluded ceive MAP funds. It is true that in Carolina, OXLEY and BATEMAN that the economic benefits of this pro- June 1998, in order to correct some of changed their vote from ‘‘no’’ to ‘‘aye.’’ gram are uncertain at best. the more egregious abuses of the MAP, So the amendment was agreed to. According to that report, it seems Market Access Program, the Foreign The result of the vote was announced that the Foreign Agricultural Service, Agricultural Service revised its regula- as above recorded. the bureaucracy which administers tions to limit a company to 5 years of this corporate welfare program, has AMENDMENT NO. 17 OFFERED BY MR. CHABOT assistance in a particular country. Mr. CHABOT. Mr. Chairman, I offer used certain assumptions that the OMB After this 5-year period had expired, an amendment. has determined to be inadequate for companies were to be graduated from The CHAIRMAN. The Clerk will des- economic benefit analysis. For exam- the country’s market. Translation: ignate the amendment. ple, the Foreign Agricultural Service These billion-dollar corporations were The text of the amendment is as fol- assumes that there are no opportunity no longer to receive tax dollars to fund lows: costs for promoting one product over their product promotions. another. So I would strongly urge my col- Amendment No. 17 offered by Mr. CHABOT: But even if my colleagues do believe Insert before the short title the following leagues to vote to get rid of this very new section: these supposed benefits, they have all wasteful program. SEC. . (A) LIMITATION.—None of the funds the more reason to support this amend- Mr. SKEEN. Mr. Chairman, I rise in appropriated or otherwise made available by ment. These numbers, if accurate, opposition to the amendment. this Act may be used to award any new allo- prove that, given these positive returns Mr. Chairman, this is an annual de- cations under the market access program or on an investment overseas, MAP-sup- bate, and I am not sure why we have to to pay the salaries of personnel to award ported corporations and trade associa- such allocations. have it. Virtually all of our competitor tions ought to be spending their own nations spend money to promote their Mr. CHABOT. Mr. Chairman, the ra- money and not the money of the tax- products against ours. We have had tes- tionale behind this amendment is sim- payers of this Nation. timony from both USDA and many pri- ple. Hard-working taxpayers should not My opposition to MAP is not based vate-sector companies about the suc- have to subsidize the advertising costs solely on the false premises of its sup- cess of the program, particularly for of America’s private corporations, yet porters. I am offering this amendment small enterprises. this is exactly what the Market Access today because we simply do not need Mr. Chairman, I oppose the amend- Program does. this wasteful program. Let us be hon- ment and ask my colleagues to do the Since 1986, the Federal Government est. Most American businesses do not same. has extracted well over $1 billion from benefit and do not try to take advan- Ms. KAPTUR. Mr. Chairman, I move the pockets of American taxpayers and tage of government handouts like this to strike the last word. handed it to multimillion dollar cor- MAP program. porations to subsidize their marketing In the case of MAP, as in most cor- b programs in foreign countries. In other porate welfare programs, beneficiaries 1700 words, the U.S. taxpayer is helping suc- consist primarily of politically well- Mr. Chairman, I rise in opposition to cessful private companies and trade as- connected corporations and trade asso- the gentleman’s amendment and am sociations advertise their wares in for- ciations. Most, if not all of these orga- somewhat surprised that a Member eign countries. nizations, would advertise their prod- from Ohio, where agriculture is our Mr. Chairman, I think the American ucts overseas, even without MAP leading industry, would offer this par- people would agree that their money funds. They probably would work much ticular amendment. If one reads the could be better spent on deficit reduc- harder to ensure that the money is well changes that have been made in this tion for education. Rather than sub- spent. program, particularly targeting its sidize private businesses and corpora- Let me give just one example of the benefits at small- and medium-sized tions, that money could much better be kind of waste and mismanagement that operations, I think some of what the spent on deficit reduction or on edu- this program breeds. We all remember gentleman has said might have been cation or on saving Social Security, on a few years ago when the California true many years ago, but they are cer- the environment, or on tax cuts. Raisin Board sponsored the ‘‘I heard it tainly not true today. In the past, we have witnessed MAP through the grapevine’’ raisin commer- If one looks at what is happening in supporters present some good-sounding cial. Based on the success of that com- rural America, which is swimming in arguments for preserving what is in my mercial in the U.S., MAP decided that surpluses, and we know that for this June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3813 country to help rural America make it tended, it is like some of the other ago? Where do my colleagues think the we must expand our exports in spite of amendments we often get but, fortu- advertising for that came from? Mar- collapses in the Asian economy and nately, this year have not gotten on keting promotion from Italy to get other places, there is one program we this bill dealing with important crops Americans to drink Italian wine. do not want to cut at all and it is this like peanuts, sugar, and tobacco. But Now, we export $60 billion worth of program. let me speak to the MAP, the Market food around the world. Why do my col- I think what is really hard some- Access Program. leagues think people buy our food? Be- times for Members who represent only The United States is outspent more cause we help promote it, just like any- urban or suburban areas, where produc- than 20 to 1 by our foreign competitors one would sell anything else. Well, this tion does not occur, where people spending money on export promotion is the program that helps promote it. largely reside but perhaps where agri- and export subsidies. In 1997, the lead- Only this program does not allow, as cultural development does not happen ing U.S. competitors spent $924 million the author of the amendment indi- on an everyday basis, it is hard to un- to promote agricultural exports, much cated, big corporate agriculture to ben- derstand how a farmer, who may raise of it in this country, and the United efit. This program ties it to small- and beans or may raise animals and who States spends $90 million. Ninety mil- medium-sized companies. He says this wish to export a product, many times lion dollars spent by the United States is big corporate welfare. Well, there is those same farmers cannot even sell in compared to $924 million by our com- no big corporate welfare in the Seed Cincinnati. A farmer over in Butler petitors. Trade Association, in the Asparagus County, the only way they can get There is no limit placed on the Association, in the Kiwi Commission, product into the City of Cincinnati is amount that can be spent by exporting in the Prune Board, in the North Amer- to perhaps sell at their farmers’ mar- countries for agricultural promotion. ican Blueberry Council, in the Catfish ket. They cannot even get their prod- The WTO does not limit that. And Institute, in the Apple Association. ucts on the shelves of the stores in Cin- right now, while the U.S. has dimin- That is not big corporate welfare. Last cinnati. Imagine how difficult it is for ished the amount they have spent, time I checked, these products were that same farmer to move product into other countries in the world are ex- being grown by small farmers, and they Japan or any other part of Asia or panding the amount that they are are trying to get their products sold. Latin America or Europe. spending to promote their products in Now, why is it good for America? Be- This market access program is the this country and other places in the cause the one area where our balance only mechanism we have to help grow- world. of trade is strong is in agriculture. We ers move product abroad. This is not Foreign spending in the U.S. on pro- export $60 billion and we import $30 bil- Procter & Gamble. This is not where moting our competitors’ agriculture is lion. We cannot say that about any growing. A hundred million was spent we can take production and move it other industry in America. We are ac- in 1997 for that purpose. That much anyplace in the world and then dis- tually selling more than we are taking more. The biggest spenders are New tribute the product. This is not U.S. in. That is what it is all about. Well, Zealand, Italy, Spain, Australia and Shoe, where all of their products are this is the program that helps do it. Canada. made abroad and then imported into The U.S. exports have gone down Why would we want to undermine that Cincinnati and distributed to the rest over the past 3 years. This is not the program? A lot of the data being quoted is old of the United States. This is trying to time when we should be cutting the data. In the last few years we amended help our producers in this country to funds necessary to promote our ex- be able to lift product off our market ports. SUDA estimates that agricul- this program and we said participants and take it somewhere else. tural exports will be only $49 billion had to come up with a match, they had And, Mr. Chairman, I underline ‘‘pro- this year. Just 3 years ago they were to be for small businesses, they cannot ducers.’’ This is really a very, very im- $60 billion. We have serious problems in be those big conglomerates, and so we portant program. And if my colleagues American agriculture. The way to ad- have limited the amount of funding know the trade accounts of this Na- dress them is not to cut the pro- that can be given to anybody. This tion, where every year we are going motional funds needed to make us com- helps sell American agriculture. It is into more and more serious trade def- petitive around the world, and I reluc- the only way we are going to be able to icit, every single year more imports tantly would rise and ask my col- sell it. Support this program. It is not coming in here than exports going out, leagues to oppose this amendment. big corporate welfare, it is small Amer- the one rosy light in a very bleak set of Mr. FARR of California. Mr. Chair- ican farmers being able to sell their tables is agriculture. And the light is man, I move to strike the requisite product abroad. I ask for a ‘‘no’’ vote not getting brighter; it is getting dim- number of words. on the amendment. mer as the years go on, but it is still lit Mr. Chairman, my colleagues should Mr. NETHERCUTT. Mr. Chairman, I up. And the reason is because we have wake up and smell the coffee. That move to strike the requisite number of been able to move product elsewhere Juan Valdez, who is in all our homes, words. around the world. on our television sets, telling us about I have great respect for the sponsor So I would just say to the gentleman, the virtues of Colombian coffee, and we of this amendment, but not so much re- in a State where our leading industry see him in those advertisements in spect that I want to vote for it. In fact, is agriculture, in a Nation where the every grocery store promoting that I am going to oppose it, simply because agricultural accounts represent the coffee, where do my colleagues think what my friend from California just only positive side of the trade ledger, that money comes from? It comes from stated is absolutely true. this is exactly the program we do not the Colombian Coffee Growers Associa- What happens in this Market Access want to cut. And we do not want to cut tion. And why are they doing it? They Program is this. Growers and consor- it particularly at a time when rural are paying to promote their product. tiums, Sunkist for orange juice, Tree- America is in deep depressions. This is Not a brand name but a generic name. Top for apple juice, which is very a time to help our people, not to penal- Well, what is wrong with us doing the prominent out my way in the State of ize them, and especially to meet the same thing? How are we going to sell Washington, get together and they de- subsidized kind of programs that our agriculture around the world? We cide how they can best promote their trade competitors have on the books produce in agriculture, which is essen- products overseas. They pay half the all across the world. tially if we really look at this, a lot of freight. The taxpayer pays half and the Stand up for American agriculture small farmers getting together and sponsor, the marketer, pays the other when she is calling us and asking us to promoting a product. They have to, half. And that is what is fair about this hear her voice. under this program, come up with 50 program. Mr. EWING. Mr. Chairman, I move to percent of the money. The Federal It has been cut down dramatically strike the requisite number of words. Government comes in only after they since I have been in this House. I have Mr. Chairman, I reluctantly rise to have initiated it and they do a match. seen Members on both sides of the aisle oppose this amendment by my col- Remember Riuniti Wine that was ad- have some concern about this; people, league. While I am sure it is well in- vertising all over America a few years by the way, who do not care much H3814 CONGRESSIONAL RECORD — HOUSE June 8, 1999 about agriculture and do not under- their cow herds or sell their sows, or do very important to this economy. And stand exports, but they have managed this or that. In other words, dispose of we all know that advertising is an es- to whittle down this particular expend- their factory, in a sense. We do not sential part of doing business. The iture in the agriculture appropriations want to do that again. We have to get question is whether MAP is a proper bill such that it is down to virtually out there and be competitive in the ex- use of taxpayer money. And it is not. very little when it can do so much. It port market. The cost of advertising should be can do so much. In my State we have to export about borne by the firms which stand to ben- What I think the sponsor does not ap- 40 percent to make things work. That efit, not the taxpayers. preciate, and maybe others who might is kind of a reflection of the country. Let me also say that I do not believe support this do not appreciate, is that We have to do about the same thing to that working men and women should when we submit this amount of money, make things work. As we have heard continue to foot the bill for advertising the small amount of money relative to many of our colleagues say already, ag- subsidies to multinational corpora- the rest of the agriculture budget for riculture puts a plus on the trade def- tions. Promotional advertising for market promotion, for promotion of icit in our favor, so we cannot let this product is simply not the role of gov- our products overseas, that has direct happen. It is not a time to let up and ernment. It is the role of those private impact on the farmer. It has direct im- say we are not going to go out there concerns that benefit from the sale of pact on rural America. and be competitive. those products. And talking about big corporate wel- In our Committee on Agriculture The future and continued perform- fare, that is not the case in this par- here a number of weeks ago, we had the ance of American agriculture is not ticular program. This helps the grower, Secretary come and talk to us and contingent upon handing out taxpayer the farmer, the person who works the mention the unprecedented 3 years in a money for advertising. The success of land and presents a product that can be row that there has been overproduc- American agriculture results from the exported overseas and dramatically tion. And so when our people go to sell energy and ingenuity of American helps our balance of trade. to someone else, they say, excuse me, farmers, not government subsidies. As the gentleman from California we have something we want to sell. Let me also say that as far as the (Mr. FARR) said, agriculture is a huge And so this is a time when we want to GAO report, the GAO report found that benefactor to the balance of trade. It cut back on the promotion. We cannot there is no clear relationship between helps our country by exporting prod- do that. the amount spent on government ex- ucts. So, number one, it is a small So I encourage a ‘‘no’’ vote and hope port promotion and changes in the amount relative to what it used to be that we can do that; that we can give level of U.S. exports. and what it is in the agriculture budg- a leg up for the American farmer and In a separate report, the GAO ques- et; number two, it helps the small agriculture production. It is important tioned whether funds are actually sup- farmer, it helps the grower; number to all of us. I do not care where we live, porting additional promotional activi- three, it helps the American economy, what part of the country, what we do, ties or if they are simply replacing pri- especially the rural economy, because it is important to all of us and let us vate industry funds. What is obvious on we are essentially buying shelf space not forget that. its face is that money handed out by and competing with European and government bureaucrats does not b 1715 other products around the world; and, magically become several dollars. finally, the governments of these other Mr. ROYCE. Mr. Chairman, I move to And let me say that another argu- countries are subsidizing tremendous strike the requisite number of words. ment that is often made is that we are amounts of money to their growers and Mr. Chairman, since the Great De- being outsubsidized by the European their producers to sell products in our pression, American farmers were Union and other countries throughout country. shackled by the Federal Government the world. I might point out that our So this is a small way, a fair shared with programs and regulations that economy is outperforming those coun- way that our products can get on the kept them from producing all they tries by every measure. shelf in Europe, and our growers, our could. We all remember how many Our gross national product dwarfs producers, our farmers, our market farmers were paid not to grow certain most every other country in the world. system, the export market system can crops; they were paid subsidies to grow We have the most productive workers. work in our country. others. Our per capita income is highest. Un- So, again, I have great respect for the Over the last few years, our col- employment is almost nonexistent. gentleman from Ohio (Mr. CHABOT). He leagues on the agriculture and agricul- I, for one, do not wish to follow the is a good Member and has good ideas, tural appropriation committees have European model of subsidies. I do not but this one is one that should be de- done an excellent job in reducing think that many of my colleagues do feated. I hope my colleagues will vote harmful government interference in either. We should continue striving to ‘‘no’’ on this amendment. American agriculture and putting it on shed these vestiges of central planning Mr. BOSWELL. Mr. Chairman, I the road back to the market system instead of defending those that have move to strike the requisite number of that works so well. American farmers crept into our economy in the past. words. are now unshackled and free to produce Government has no business deciding We have had some good discussion as they see fit, not as Washington tells which companies are worthy of adver- here already, and I am not going to try them. tising funds. That is precisely what the to repeat it over and over, but I appre- However, more work remains to be free market is there to do, to allocate ciate the things that have been said. I done. The market access program is a resources in the most efficient way might just give my colleagues a little relic of our former government-heavy possible. The government ought not to lesson in history that some Members agricultural system. The MAP pro- be taking tax money from companies might not be aware of about the Amer- gram, the Market Access Program, pro- to finance the advertising of their com- ican farmer. We are in a crisis in agri- vides millions of dollars in taxpayer petition, which is the direct result of culture, no question about it. I live out subsidies per year to agribusinesses to redistribution. there, as many of my colleagues do. I supplement their international adver- I make no argument that advertising just spent a week in my district, and it tising and marketing. sells products. This is obvious. The is tough and it is real. We have heard that agriculture is one point, however, is whether private con- A few years ago, when we had the Ag of the most important businesses in ditions should pay for the promotion of crisis of the 1980s, it was interesting to America, and we have also heard that their own product or whether the me, and that is what motivated me to advertising American agriculture over- American taxpayer should be forced to get involved in this arena, the political seas is critical. And I agree with these do so. We do not force the American arena, we had people going to their points. They are certainly true. taxpayer to pay for other corporate ex- lenders and different organizations, The question is not whether agri- penses like office supplies. American and I will not get into that, and they culture and American farmers are im- taxpayers should not pay for this cost told our farmers to go back and sell portant. Without question, they are of doing business. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3815 Mrs. CLAYTON. Mr. Chairman, I put their own money with this. This is blame for handing over U.S. agricul- move to strike the requisite number of not to enhance a particular brand tural market share to foreign competi- words. name. It is to sell U.S., high-quality tors. Mr. Chairman, I think that, obvi- pork, corn products, feed products I believe with my whole heart that ously, as we look at this program, the overseas. the American farmers are the most ef- question is, is this a program that is of One part of the argument that I ficient in the world and produce the value to the American people? Is it a think is really missing is what effect best products at the lowest prices and program of value to the American do agricultural exports have on Ameri- provide the safest food of anyone in the farmers? And should we be investing in cans as far as their jobs? And one gen- world. With this knowledge, I con- promoting the American farmers’ prod- tleman made a statement about people fidently say that given an equal oppor- uct abroad? working hard to pay taxes and using tunity, American farmers can compete I think there is value in investing in their money for this. Well, the fact of and succeed against agricultural prod- the promotion of the American farm- the matter is, in the State of Cali- ucts from any other country. ers, because not only is that a public fornia, where that gentleman was from, However, American farmers are not policy that we support our farmers. there are 124,000 jobs directly depend- being given this equal opportunity. The True enough, in 1996, we had a farm bill ent upon agricultural exports. Think of United States is outspent by more than that said we were removing ourselves it, 124,000 jobs which could be greatly 20 to 1 by our foreign competitors, pro- from the subsidy model and we are reduced if we lose our export markets moting and subsidizing their own prod- going more to a market model. I per- and if we do not continue to grow in uct. sonally did not support that. But nev- our exports. In 1997, the leading U.S. competitor ertheless, even in a market-driven In Ohio there are 27,000 jobs directly spent $924 million to promote their ag- model, not to have this tool is counter- related to agricultural exports. It is ex- riculture exports, $100 million of that productive. traordinarily important in a State like spent on promotions here in the United This tool simply says that it is a tool Ohio to maintain those good, high-pay- States. Conversely, we grant our farm- to market our farmers who were here- ing jobs which are dependent upon ag- ers assistance to the tune of $90 million tofore dependent and subsidized. Our ricultural exports. to help them compete against our com- farmers are having a very difficult In the State of Iowa, a smaller popu- petitor’s $924 million. time. If we are not going to make the lation State, it has a huge impact. We Rather than having this annual de- market available as a tool to them, as have 80,000 jobs in Iowa that are di- bate aimed at eliminating the pro- we pull away the safety net, how do we rectly related to agricultural exports. gram, I argue that Congress should expect our farmers in rural areas to So when we talk about this program rather be discussing a funding increase survive? How is it that they are going being some kind of corporate welfare, I for the Market Access Program. This is to be on a competitive basis with other hope people here will recognize the fact the only program aimed correctly at countries subsidizing large quantities that our constituents at home are de- helping U.S. agriculture products if we expect they have no safety net, pendent upon agricultural exports. around the world. and yet we are not going to give them It is very important that we go and Our competitors have no limits on the tools to survive? promote high quality American pork what they will spend to assist their We are struggling in rural America. I overseas, not a particular company, farmers in edging out our product. cannot think of a commodity that but American pork. It is very impor- Their success is evidenced by the fact made money in my State. And without tant that we promote American soy- that U.S. ag exports have decreased by this tool, they certainly would not beans and find new uses for those prod- $11 billion since 1996. have it. And the claim that this only uct overseas for corn products, for beef In conclusion, let me simply say the goes to large corporations, indeed, that overseas. Market Access Program is a valuable has been in the past, but this program It is extremely important. We have a tool we are able to provide our farmers. has been improved. Indeed, it goes now tremendous number of jobs that are di- This tool not only helps them compete to small farmers, to associations. rectly dependent. abroad, but it also supports thousands What kind of commodities does it So let us not just talk about export- of U.S. export jobs, 24,000 in my State support? It supports dry beans, eggs, ing and competing with other nations. of North Carolina alone. frozen potatoes, grapes, peanuts. My Let us talk about at home in our own I urge my colleagues to vote in favor colleagues would expect me to say pea- districts how important it is that we of U.S. farmers by voting against this nuts because I am from North Carolina. continue to use the tools available that amendment. But also pears. All of these small farm- the producers themselves are willing to Mr. BALDACCI. Mr. Chairman, I ers’ products, associations getting to- contribute to to sell their products move to strike the requisite number of gether, having their government to overseas which create good jobs at words. recognize the importance of their com- home in our own districts, high-paying Mr. Chairman, I rise in opposition to ing together and promoting their jobs, and really are the future for agri- the amendment that has been offered goods. culture in the international market- by my colleague, who intends on elimi- We travel abroad and we find that place. nating the Market Access Program. other countries are subsidizing the Mr. HAYES. Mr. Chairman, I move to We revisit this issue annually. Re- marketing of their products. We make strike the requisite number of words. forms have been undertaken. The For- our farmers less competitive when we Mr. Chairman, I rise today in strong eign Agriculture Service reviews pro- remove this tool. support of the fiscal year 2000 Agri- posals submitted by the agriculture co- So I urge my colleagues to vote culture Appropriations bill. I commend operatives and nonprofit organizations. against this amendment, as well-mean- the gentleman from New Mexico (Mr. They must provide matching funds. ing as it might be. This is counter- SKEEN), the chairman, and the gentle- The FAS scrutinizes expenses and the productive to the needs of the farmers woman from Ohio (Ms. KAPTUR), the performances. in the rural areas. ranking member, and all my colleagues Farmers across the country are suf- Mr. LATHAM. Mr. Chairman, I move on the subcommittee for bringing this fering from prices having dropped. Ex- to strike the requisite number of bill to us, a bill which supports Amer- port opportunities have been with- words. ican farmers in rural communities. ering, and they are trying to gain a Mr. Chairman, I would just like to This bill comes to us after much time, market share in countries around the make a few points. The idea that this deliberation, and discussion. I thank world. They are competing with odds money goes to large corporations is the subcommittee for their hard work. against them. simply bogus. This money is matched I want to address the current amend- Eliminating the cost share assistance by money which is raised from pro- ment to eliminate the Market Access of MAP would make that struggle even ducers, such as pork producers, who are Program. This program is vital to the harder. hurting so badly today. The cattlemen, success of our farmers. If this amend- As we have eliminated the trade bar- the corn growers, the soybean growers ment passes, we as a Congress are to riers between our country and other H3816 CONGRESSIONAL RECORD — HOUSE June 8, 1999 countries, and we have not required the South America, U.S. wine producers re- hurdle by partially funding market service, and same relaxation in other countries as ceive no production subsidies, no sub- trade and research missions to foreign coun- our farmers are competing with their sidies whatsoever, for their production. tries. These funds help support and promote hands tied behind their backs, we are Furthermore, our competitors out- the buying, selling, and development of Ne- trying to help them to search out other spend the United States in export sub- braska agricultural products. In today's market, markets, other opportunities, beyond sidies by more than 6 to 1. this is critical. their traditional markets. We have Mr. Chairman, small California Let's face it, our producers must export in tried to do this and we have been suc- wineries suffer in such a lopsided mar- order to survive and prosper. And their prod- cessful at it. ketplace without some marketing as- ucts must be competitive on the world market. The money spent in this program, $90 sistance. Let there be no mistake, this The Market Access Program is one small way million, has returned, according to es- amendment targets small, family- we can help our producers. I strongly urge my timates, $12.5 billion trade surplus in owned businesses. Eighty-nine percent colleagues to oppose this amendment, and to agriculture. And when our country has of the wineries that participate in the support our producers. a trade deficit of billions of dollars, Market Access Program are small The CHAIRMAN. The question is on this is the only part of our trade and wineries. Furthermore, the Market Ac- the amendment offered by the gen- our export that actually has a trade cess Program is not a handout. It is a tleman from Ohio (Mr. CHABOT). surplus. partnership, a partnership between The question was taken; and the b 1730 small businesses and the USDA. And it Chairman announced that the noes ap- provides funds on a cost-share basis. peared to have it. In the Northeast and in Maine in par- The European Union export subsidies RECORDED VOTE ticular, there are families that own amounted to approximately $10 billion apple orchards that are hurting. The Mr. CHABOT. Mr. Chairman, I de- last year, Mr. Chairman. In fact, the mand a recorded vote. money that would be helping to gen- European Union spends more on export erate business for them in the United A recorded vote was ordered. promotion for wine than the United The vote was taken by electronic de- Kingdom is a generic promotion for States does for all of our agricultural MacIntosh apples which they are pro- vice, and there were—ayes 72, noes 355, programs combined. not voting 7, as follows: viding the match for. This is not a gov- We need only look at last year to see [Roll No. 174] ernment handout but a match is re- this unfair disparity. Market pro- quired for them to participate in this motion funds for the American wine in- AYES—72 program. It is a Federal program that dustry totalled approximately $5 mil- Archer Franks (NJ) Paul is helping family farmers in a region Armey Frelinghuysen Petri lion. The heavily subsidized European Bachus Graham Portman where family farmers are struggling. I wine industry received $1.5 billion. Barr Hayworth Pryce (OH) have been working with lobstermen, That is $5 million in the United States Barrett (WI) Hoekstra Ramstad using the MAP funds trying to open up Bass Holt Rivers and $1.5 billion in Europe. The money Berkley Horn Rogan Asian markets to them. And I have we spend to increase the markets for Bilbray Hostettler Rohrabacher helped family-owned sardine canneries American agricultural products is Campbell Istook Rothman secure assistance. money well spent. Because of assist- Chabot Kelly Roukema This is not some huge welfare for Coble Kind (WI) Royce ance from the Market Access Program, Coburn Kleczka Salmon huge corporations. This is for fisher- U.S. wine exports had their 14th con- Collins Largent Sanford men, for farmers, for people who are secutive record-breaking year in 1998, Conyers Lazio Scarborough working in family-owned businesses reaching $537 million. This level is $100 Cox Linder Sensenbrenner who have chosen a rugged way of life to Crane LoBiondo Sessions million over the year before, which DeLay Luther Shadegg put food on the tables of America and means that each Market Access Pro- DeMint Maloney (CT) Shays the world. This program is aimed at gram dollar generated a $20 increase in Doggett Manzullo Sununu small- and medium-sized companies. It Doyle Meehan Tierney exports. Duncan Miller (FL) Toomey has been reformed and it is working. It Just as important, California wines Ehlers Moran (VA) Wamp is one of the few areas of our Federal can now be found on the retail shelves Ehrlich Morella Weiner export-import program that is working of over 164 countries. In the last 10 Fossella Myrick Wu very successfully and is working for years, an additional 7,500 full-time jobs NOES—355 small- and medium-sized family farms. and 5,000 part-time jobs have been cre- Abercrombie Brady (PA) Davis (VA) I would urge my colleagues to vote ated by exporting wine. This is not Ackerman Brady (TX) Deal against this amendment and to keep only good for the American balance of Aderholt Brown (FL) DeFazio this program working. Allen Brown (OH) DeGette trade, it is good for the American econ- Andrews Bryant Delahunt Ms. WOOLSEY. Mr. Chairman, I omy. Baird Burr DeLauro move to strike the requisite number of Mr. Chairman, we should help export Baker Burton Deutsch words. U.S. products, not U.S. jobs. Oppose Baldacci Callahan Diaz-Balart Baldwin Calvert Dickey Mr. Chairman, I rise in strong opposi- this amendment. Ballenger Camp Dicks tion to this shortsighted amendment Mr. BARRETT of Nebraska. Mr. Chairman, Barcia Canady Dingell which would have a huge impact on the I rise to oppose the Chabot amendment to the Barrett (NE) Cannon Dixon constituents in my district, Sonoma Bartlett Capps Dooley Market Access Program (MAP). Unfortunately, Barton Capuano Doolittle and Marin Counties in California, a dis- some of my colleagues appear not to under- Bateman Cardin Dreier trict where some of the world’s finest stand the importance of MAP to our pro- Becerra Carson Dunn wines are produced. If this amendment ducers. Bentsen Castle Edwards Bereuter Chambliss Emerson passes, our world famous wine would Two weeks ago, the director of the Ne- Berman Clay Engel certainly have a more difficult time braska Department of Agriculture was in town Berry Clayton English competing in the world market. So to discuss agriculture policy with Members of Biggert Clement Eshoo would our neighboring districts, Napa Bilirakis Clyburn Etheridge Congress and the administration. We dis- Bishop Combest Evans County, Mendocino County and neigh- cussed in general terms all of the options for Blagojevich Condit Everett boring States, Oregon and Washington, supporting American producers, and keeping Bliley Cook Ewing and States across the country, like Ar- US agriculture competitive in the world market. Blumenauer Cooksey Farr Blunt Costello Fattah kansas. But there was one thing the director specifi- Boehlert Coyne Filner This amendment would impact the cally asked for, and that was continued fund- Boehner Cramer Fletcher small wine producers, those who rely ing for the Market Access Program. Bonilla Crowley Foley upon Federal export assistance to enter Nebraska's central location and small popu- Bonior Cubin Forbes Bono Cummings Fowler and compete in the global market- lation base make it difficult for many individual Borski Cunningham Frank (MA) place. Let us be clear. The playing field producers to compete internationally. MAP Boswell Danner Frost in the world export market for wines is funds help our producers, and the Nebraska Boucher Davis (FL) Gallegly not level. Unlike Europe and unlike Department of Agriculture, to overcome this Boyd Davis (IL) Ganske June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3817 Gejdenson Levin Reyes Waxman Weygand Wolf Mr. YOUNG of Florida (during the Gekas Lewis (CA) Reynolds Weldon (FL) Whitfield Woolsey Gephardt Lewis (GA) Riley Weldon (PA) Wicker Wynn reading). Mr. Chairman, I ask unani- Gibbons Lewis (KY) Rodriguez Weller Wilson Young (AK) mous consent that the amendment be Gilchrest Lipinski Roemer Wexler Wise Young (FL) considered as read and printed in the Gillmor Lofgren Rogers RECORD. Gilman Lowey Ros-Lehtinen NOT VOTING—7 Gonzalez Lucas (KY) Roybal-Allard Brown (CA) Ford Waters The CHAIRMAN. Is there objection Goode Lucas (OK) Rush Buyer McCollum to the request of the gentleman from Goodlatte Maloney (NY) Ryan (WI) Chenoweth Ney Florida? Goodling Markey Ryun (KS) Gordon Martinez Sabo b 1755 There was no objection. Goss Mascara Sanchez Mr. VENTO and Mr. GILMAN Granger Matsui Sanders b 1800 Green (TX) McCarthy (MO) Sandlin changed their vote from ‘‘aye’’ to ‘‘no.’’ Green (WI) McCarthy (NY) Sawyer Messrs. DELAY, COBURN, KIND, Mr. YOUNG of Florida. Mr. Chair- Greenwood McCrery Saxton ISTOOK and LAZIO changed their vote man, the agriculture bill as we present Gutierrez McDermott Schaffer Gutknecht McGovern Schakowsky from ‘‘no’’ to ‘‘aye.’’ it was at the 302(b) level, but was over Hall (OH) McHugh Scott So the amendment was rejected. last year’s spending limits. In con- Hall (TX) McInnis Serrano The result of the vote was announced sultation with many Members on both Hansen McIntosh Shaw as above recorded. Hastings (FL) McIntyre Sherman sides of the aisle, we had some agree- Hastings (WA) McKeon Sherwood Stated against: ment and some disagreement that we Hayes McKinney Shimkus Mr. BUYER. Mr. Chairman, on rollcall No. would make some adjustments in the Hefley McNulty Shows 174, I was present and voted ``no'', but was total of this bill in order to make addi- Herger Meek (FL) Shuster Hill (IN) Meeks (NY) Simpson not recorded, this is my third new voting card. tional funding available for some of the Hill (MT) Menendez Sisisky I will now seal a 4th voting card. other bills that will come along later. Hilleary Metcalf Skeen The CHAIRMAN. The Clerk will read. So we developed this amendment in Hilliard Mica Skelton The Clerk read as follows: Hinchey Millender- Slaughter lieu of all of the amendments that our Hinojosa McDonald Smith (MI) This Act may be cited as the ‘‘Agriculture, friend from Oklahoma had filed in ad- Hobson Miller, Gary Smith (NJ) Rural Development, Food and Drug Adminis- vance of the consideration of the bill. Hoeffel Miller, George Smith (TX) tration, and Related Agencies Appropria- Mr. Chairman, this bill in its original Holden Minge Smith (WA) tions Act, 2000’’. Hooley Mink Snyder form is approximately $14 billion new AMENDMENT OFFERED BY MR. YOUNG OF Houghton Moakley Souder discretionary budget authority. This Hoyer Mollohan Spence FLORIDA amendment would reduce that amount Hulshof Moore Spratt Mr. YOUNG OF FLORIDA. Mr. Chair- by $102,500,000. Hunter Moran (KS) Stabenow man, I offer an amendment. Hutchinson Murtha Stark We have gone carefully through these The Clerk read as follows: Hyde Nadler Stearns accounts. What we are doing in most of Inslee Napolitano Stenholm Amendment offered by Mr. YOUNG of Flor- these cases is delaying some construc- Isakson Neal Strickland ida: Jackson (IL) Nethercutt Stump At the end of the bill, immediately pre- tion, at least until next year, construc- Jackson-Lee Northup Stupak ceding the short title, insert the following tion that is not essential to the farm (TX) Norwood Sweeney programs that we are all trying to pre- Jefferson Nussle Talent new section: Jenkins Oberstar Tancredo Sec. . Notwithstanding any other provi- serve. John Obey Tanner sion of this Act, appropriations under this By doing this amendment, we are Johnson (CT) Olver Tauscher Act for the following agencies and activities able to guarantee that the money that Johnson, E. B. Ortiz Tauzin are hereby reduced to the following respec- Johnson, Sam Ose Taylor (MS) is going into the system to help our tive amounts: farmers as they are planting and as Jones (NC) Owens Taylor (NC) Agriculture Buildings and Jones (OH) Oxley Terry Facilities and Rental they are preparing to harvest later in Kanjorski Packard Thomas the year, that we help our farmers do Kaptur Pallone Thompson (CA) Payments: Kasich Pascrell Thompson (MS) Repairs, Renovation and what we have to do to help them to Kennedy Pastor Thornberry Construction ...... 0 stay alive, to keep the family farms Kildee Payne Thune Cooperative State Re- and to keep those people who are pro- Kilpatrick Pease Thurman search, Education and King (NY) Pelosi Tiahrt ducing the food for America, to keep Extension Service: them in business. Kingston Peterson (MN) Towns Integrated Activities ...... 0 Klink Peterson (PA) Traficant Agricultural Research This amendment, while it is a sub- Knollenberg Phelps Turner stantial cut based on the overall Kolbe Pickering Udall (CO) Service: Kucinich Pickett Udall (NM) Buildings and Facilities 0 amount in the bill, it is not that great. Kuykendall Pitts Upton Rural Housing Service: It is merely in most of the cases post- LaFalce Pombo Velazquez Rural Housing Insurance poning until next year some of the con- LaHood Pomeroy Vento Fund Program Ac- Lampson Porter Visclosky struction that we would have done count: originally in this bill. So I would ask Lantos Price (NC) Vitter Administrative Ex- Larson Quinn Walden penses ...... $375,879,000 the Members to expedite the consider- Latham Radanovich Walsh ation of this amendment so we can LaTourette Rahall Watkins Food and Drug Administra- Leach Rangel Watt (NC) tion: ...... complete this bill and get it into con- Lee Regula Watts (OK) Salaries and Expenses .... 1,198,384,000 ference. AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION AND RELATED AGENCIES [Fiscal year 2000]

Amount in com- Amount in Revised amount mittee bill amendment by amendment

Agriculture buildings and facilities and rental payments 1 ...... $166,364,000 ($26,000,000) $140,364,000 Cooperative State Research Education and Extension Service: Integrated activities ...... 10,000,000 (10,000,000) 0 Agricultural Research Service: Buildings and Facilities ...... 44,500,000 (44,500,000) 0 Rural Housing Service: Rural Housing Insurance Fund program account administrative expenses ...... 377,879,000 (2,000,000) 375,879,000 Food and Drug Administration: Salaries and Expenses 2 ...... 1,218,384,000 (20,000,000) 1,198,384,000

(102,500,000) ......

1 Of which $26,000,000 shall be reduced from repairs, renovation, and construction. 2 Of which $10,000,000 shall be reduced from payments to the General Services Administration. H3818 CONGRESSIONAL RECORD — HOUSE June 8, 1999 Ms. KAPTUR. Mr. Chairman, I rise in Yet in this cut, what do we do? We for many months on this bill, this is an opposition to the amendment. are cutting the Beltsville Agricultural important moment for us. Mr. Chairman, we had heard on this Research Center by over $13 million. It So I would say to the gentleman from side that this amendment might be affects the State of Maryland. For New Florida (Mr. YOUNG), I strongly oppose coming, and I want to say to the chair- York, the Plum Island Animal Disease the gentleman in his efforts to remove man of our full committee, there is no Center. In Pennsylvania, the Eastern an additional $102 million from the ac- Member that I would respect more in Regional Research Center. In Cali- counts for the U.S. Department of Ag- this House than the gentleman from fornia, both in Albany and in Davis, riculture and the Food and Drug Ad- Florida (Mr. YOUNG). I believe he is a their research labs. In Illinois, and this ministration, at a time when America man of integrity who would want to do one really surprised me, in Peoria, the is asking us to do more in these areas, what is right for America, and espe- National Center for the Agricultural and particularly now when rural Amer- cially for rural America, as troubled as Utilization Research Service. ica is in crisis. This is absolutely not she is right now. Now, that is only one of the many the place to make these cuts. We have had an opportunity to re- cuts in this bill. There is an additional I would encourage the gentleman to view this amendment just for a few mo- $10 million in research that is cut from go back and look at some of the other ments, and I would have to say overall the Cooperative Research Service and accounts, and would strongly urge the to the membership that what this our extension programs. When we cut membership to vote no on this Young amendment does is it cuts an addi- that additional $10 million, that adds amendment. tional $102 million of the funds that are to the $3 million that was already cut Mr. POMEROY. Mr. Chairman, I available to the U.S. Department of below last year, so it is a net negative Agriculture to meet the needs of rural move to strike the last word. of $13 million in those cooperative re- Mr. Chairman, back in North Dakota America. search accounts below this year. Now, let me say that I oppose the this afternoon there are a number of Research really is the seed corn of farmers I represent wondering whether gentleman’s amendment, and I strong- the future, and, with what is going on ly oppose it. I am sorry that I have to they will even be able to get through in rural America today, we need every until next fall. We have had an unprec- do that, because the chairman of the single dime of that research working to subcommittee and I came out of sub- edented level of rain. It has destroyed invent the new technologies for the fu- committee in hopes we could have the the planting season, on top of the hard- ture that can help us preserve our food kind of bipartisan unity that has al- ship they already faced because prices and fiber and fuel production inside the ways characterized this bill when it are below the cost of production, at a boundaries of this country. time when they have not been able to reaches the floor. But I think that I We are very troubled by the addi- have to oppose the bill today for many get for their crop what it costs them to tional $20 million cut proposed in this reasons. grow the crop, and then on top of it amendment in the Food and Drug Ad- One of them is that, overall, if you production difficulties that have ut- look at the amount of funds that we ministration. Here we are talking terly disrupted their ability to get the will spend in our country today to about the inspection service for food crop in the ground. safety. We all know what is going on serve the needs of rural America, we This is a time of crisis in North Da- across this country with added needs are about 33 percent under for the Year kota. I would think it is a time of cri- for food safety. We have had plenty of 2000 what we will spend this year just sis well beyond a provincial concern as outbreaks, in everything from to prevent the hemorrhages that are a North Dakota Congressman, because cyclosporin to E. coli, everything that going on from coast to coast, whether I am talking constantly with many has affected citizens across this coun- it is cattle country in Florida, whether Members representing farmers around try. We do not need to cut the salaries we are talking about grain producers in the country. While your production di- and expenses account for the Food and the Midwest, whether we are talking mensions may be different than ours, Drug Administration. about cotton ranchers down in Texas the fundamental is the same: Prices I heard ad nauseam in our sub- or whether we are talking about the have not covered the cost of produc- committee about the need to approve Salinas Valley in California. We are tion, and that is irrespective of com- different devices and prescription talking about a situation that just modity and irrespective of region, and drugs, that FDA was not moving fast does not need Band-Aids, but serious it has given us a crisis in agriculture. repair. enough, we needed to do more. America was not moving fast enough to meet I believe the floor consideration of When we brought this bill for the the agriculture appropriations bill has Year 2000 to the floor, as uncomfort- the commercial marketplace. We had to do more for FDA. Well, this budget been an utter travesty. At one point we able as we were, we felt that, well, had more than 100 amendments filed okay, so it is a big Band-Aid to get us does less for FDA. The CHAIRMAN. The time of the against it. Fortunately, we have through, but we know later in the year worked that out. But now I cannot tell we are going to have to do more. Now gentlewoman from Ohio (Ms. KAPTUR) has expired. you how dispiriting it is to be an advo- for us to accept an additional $102 mil- cate for farmers in this country and lion in cuts is beyond what we feel is (By unanimous consent, Ms. KAPTUR have the chairman of the House Com- the right thing to do for America. was allowed to proceed for 2 additional mittee on Appropriations bring forward This may be, with all due respect to minutes.) the majority in this House, the right Ms. KAPTUR. Mr. Chairman, I would a $100-plus million cut. way to get you out of a political box also like to mention that one of the Let me just tell you where $10 mil- among various warring factions inside cuts in here relates to the repairs to lion of that would fall: Research and the Republican Caucus, but it is not the South Building along Independence extension. Now, when this body, under the right thing to do for America. Avenue here, the Agricultural Build- a Republican majority, passed the free- For example, one of the major areas ing, $26 million, a building whose heat- dom to farm law, you told farmers you cut is under the Agricultural Re- ing and cooling systems dates back to things were going to be different and search Service. I do not know how the 1930s, the first major repair as we they were going to be wonderful. They many of you have ever been out in get ready for the 21st century. We have were going to have freedom to do new these Agricultural Research Service been waiting and waiting and waiting. things, freedom to plant, freedom to do buildings. These are not fancy places. I This measure actually completely all kinds of things based upon the mar- mean, this is where the structures of eliminates any construction, real im- ketplace. the building kind of get rusty. These do provements that could occur in that We know what has happened. Prices not look like America’s defense facili- building, one of the relics around this have collapsed and farmers are unpro- ties or America’s NASA facilities. Yet, city. tected and farmers are going broke all in fact this is where the future of So, Mr. Chairman, I would have to over the country. America is being reborn every day be- say I know the gentleman is strug- The agriculture research and exten- cause of the general use of research gling. For those of us on this sub- sion component of this budget is what that goes on. committee who have worked very hard we need to deliver on the promise you June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3819 made to rural America, research to de- [Roll No. 175] Dixon Levin Rivers Dooley Lewis (GA) Rodriguez velop the new crop alternatives for peo- AYES—234 Edwards Lofgren Roemer ple that cannot make money based on Aderholt Gillmor Oxley Engel Lowey Rothman what they have been growing; new pro- Archer Gilman Packard Eshoo Lucas (KY) Roybal-Allard duction methods that are more cost ef- Armey Goode Paul Etheridge Maloney (CT) Rush Evans Maloney (NY) Sabo ficient, that will help keep these people Bachus Goodlatte Pease Baker Goodling Peterson (PA) Farr Martinez Sanchez in the game. It is part of the promise Ballenger Goss Petri Fattah Mascara Sanders you made. Then extension, because it Barr Graham Pickering Filner Matsui Sandlin is extension that gets the research out Barrett (NE) Granger Pitts Forbes McCarthy (NY) Sawyer Barrett (WI) Green (WI) Pombo Frost McDermott Schakowsky of the universities and the land grant Bartlett Greenwood Porter Gejdenson McGovern Scott universities and out to the farmers so Barton Gutknecht Portman Gephardt McIntyre Serrano they can put it to work. Bass Hall (TX) Pryce (OH) Gonzalez McKinney Sherman Mr. YOUNG of Florida. Mr. Chair- Bateman Hansen Quinn Gordon McNulty Shows Bereuter Hastert Radanovich Green (TX) Meek (FL) Sisisky man, will the gentleman yield? Biggert Hastings (WA) Ramstad Gutierrez Meeks (NY) Skelton Mr. POMEROY. I yield to the gen- Bilbray Hayes Regula Hall (OH) Menendez Slaughter tleman from Florida. Bilirakis Hayworth Reynolds Hastings (FL) Millender- Smith (TX) Hill (IN) McDonald Snyder Mr. YOUNG of Florida. A question: Is Bliley Hefley Riley Blunt Herger Rogan Hilliard Miller, George Spratt the gentleman aware that just a month Boehlert Hill (MT) Rogers Hinchey Minge Stabenow ago in the supplemental we did add an Boehner Hilleary Rohrabacher Hinojosa Mink Stark additional $600 million over and above Bonilla Hobson Ros-Lehtinen Hoeffel Moakley Stenholm Bono Hoekstra Roukema Holden Mollohan Strickland all the budgetary figures? So we are Brady (TX) Horn Royce Holt Moore Stupak not ignoring the plight of the farmer. Bryant Hostettler Ryan (WI) Hooley Morella Tanner We are trying to expedite this bill to Burr Houghton Ryun (KS) Hoyer Murtha Tauscher Inslee Nadler Thompson (CA) get this amendment considered, wheth- Burton Hulshof Salmon Buyer Hunter Sanford Jackson (IL) Napolitano Thompson (MS) er it goes up or down, and get the bill Callahan Hutchinson Saxton Jackson-Lee Neal Thurman into conference, so this additional Calvert Hyde Scarborough (TX) Oberstar Towns money can get into the hands of the Camp Isakson Schaffer Jefferson Obey Turner Campbell Istook Sensenbrenner John Olver Udall (CO) farmer. We did just a month ago add Canady Jenkins Sessions Johnson, E. B. Ortiz Udall (NM) another $600 million over and above Cannon Johnson (CT) Shadegg Jones (OH) Owens Velazquez every budget figure. Castle Johnson, Sam Shaw Kanjorski Pallone Vento Kaptur Pascrell Visclosky Mr. POMEROY. Mr. Chairman, re- Chabot Jones (NC) Shays Chambliss Kasich Sherwood Kennedy Pastor Watkins claiming my time, that was relative to Coble Kelly Shimkus Kildee Payne Watt (NC) a disaster, an emergency disaster oc- Coburn King (NY) Shuster Kilpatrick Pelosi Waxman curring in agriculture. The Farm Bu- Collins Kingston Simpson Kind (WI) Peterson (MN) Weiner Combest Kleczka Skeen Klink Phelps Wexler reau, another supporter of the freedom Cook Knollenberg Smith (MI) Kucinich Pickett Weygand to farm bill, said you should have Cooksey Kolbe Smith (NJ) LaFalce Pomeroy Wise passed $6 billion, not $600 million. Cox Kuykendall Smith (WA) Lampson Price (NC) Woolsey I do not lay this on the chairman’s Crane LaHood Souder Lantos Rahall Wu Cubin Largent Spence Larson Rangel Wynn shoulders. I have an enormous amount Cunningham Latham Stearns Lee Reyes of respect for the chairman. But the Davis (VA) LaTourette Stump NOT VOTING—6 fact of the matter is that that $600 mil- Deal Lazio Sununu Brown (CA) Ford McCollum lion did not deal with extension and re- Delahunt Leach Sweeney DeLay Lewis (CA) Talent Chenoweth McCarthy (MO) Waters search, the $10 million I am talking DeMint Lewis (KY) Tancredo b 1834 about, and I cite that as an example. Diaz-Balart Linder Tauzin Just a few months earlier than that, Dickey Lipinski Taylor (MS) Mr. STRICKLAND and Ms. KIL- Doggett LoBiondo Taylor (NC) you set a 302(b) allocation for the Sub- Doolittle Lucas (OK) Terry PATRICK changed their vote from committee on Agriculture of the Com- Doyle Luther Thomas ‘‘aye’’ to ‘‘no.’’ mittee on Appropriations. The gen- Dreier Manzullo Thornberry Mrs. KELLY and Messrs. LIPINSKI, tleman from New Mexico (Chairman Duncan Markey Thune TIERNEY, DELAHUNT, Dunn McCrery Tiahrt SKEEN) went to work, working with the Ehlers McHugh Tierney NETHERCUTT, TAUZIN, and SPENCE ranking member, the gentlewoman Ehrlich McInnis Toomey changed their vote from ‘‘no’’ to ‘‘aye.’’ from Ohio (Ms. KAPTUR) and all of the Emerson McIntosh Traficant So the amendment was agreed to. English McKeon Upton The result of the vote was announced Members. They came up with a bill Everett Meehan Vitter within the allocation. They did every- Ewing Metcalf Walden as above recorded. thing right, and it is not right that ag- Fletcher Mica Walsh Stated against: riculture should be bushwhacked on Foley Miller (FL) Wamp Ms. McCARTHY of Missouri. Mr. Chairman, Fossella Miller, Gary Watts (OK) the floor of the House in this dark hour Fowler Moran (KS) Weldon (FL) on rollcall No. 175, I was unavoidably de- of despair by a $100 million cut. Frank (MA) Moran (VA) Weldon (PA) tained. Had I been present, I would have I urge Members, put party aside, put Franks (NJ) Myrick Weller voted ``no.'' Frelinghuysen Nethercutt Whitfield Mr. HOYER. Mr. Chairman, I move to urban-rural aside, think about what is Gallegly Ney Wicker right and think about what is fair and Ganske Northup Wilson strike the last word. reject this amendment. Gekas Norwood Wolf Mr. Chairman, I rise in opposition to Gibbons Nussle Young (AK) b the passage of this bill. I regret doing 1815 Gilchrest Ose Young (FL) so, and I intended to support it. The The CHAIRMAN (Mr. PEASE). The NOES—195 comity in this body requires, I think, question is on the amendment offered Abercrombie Bonior Condit that we give notice to one another of by the gentleman from Florida (Mr. Ackerman Borski Conyers actions that are being taken. YOUNG). Allen Boswell Costello Now, I understand the Republican The question was taken; and the Andrews Boucher Coyne Conference met, and they have had Baird Boyd Cramer Chairman announced that the ayes ap- Baldacci Brady (PA) Crowley trouble passing this bill, and they had peared to have it. Baldwin Brown (FL) Cummings a discussion. I do not know what went RECORDED VOTE Barcia Brown (OH) Danner on. I was not in the conference. Appar- Becerra Capps Davis (FL) Ms. KAPTUR. Mr. Chairman, I de- Bentsen Capuano Davis (IL) ently there was a determination, well, mand a recorded vote. Berkley Cardin DeFazio we will cut some programs from the A recorded vote was ordered. Berman Carson DeGette bill. We will cut some items from the The vote was taken by electronic de- Berry Clay DeLauro bill, $102.5 million. These items were Bishop Clayton Deutsch vice, and there were—ayes 234, noes 195, Blagojevich Clement Dicks cut after going through the sub- not voting 6, as follows. Blumenauer Clyburn Dingell committee and full committee. H3820 CONGRESSIONAL RECORD — HOUSE June 8, 1999 My belief is that they were not cut rent, do not worry about it. So that price differentials do not represent the actual substantively, that is to say, I do not when GSA goes to refurbish or main- market price. This reform is essentially rev- believe for one second that a sub- tain or build new facilities, there will enue neutral for a $25 billion industry; yet stantive judgment was made with ref- not be any money in the pot. many of my colleagues continue to use scare erence to the merits of these particular Why? Because we did not pay our tactics claiming that these changes will cost projects. In my opinion, these cuts rent. Guess what? It is free. It is supply hundreds on millions of dollars. The USDA es- were made essentially as somewhat an side maintenance and building of cap- timates that the reform will result in a loss to across-the-board cut in order to get the ital assets. That is what this amend- farmers in some districts of approximately requisite number of votes to pass this ment does that my colleagues voted $.02/per hundredweight. bill on the Republican side of the aisle. for. This system needs to be reformed because Now, when we were in charge, I op- I would hope that my colleagues it unfairly penalizes the Midwest dairy farmers posed those kinds of amendments, and would vote against this bill. I would and it hurts consumers and taxpayers. They I oppose them when we are not in hope that we could go back to the are being asked to subsidize inefficiencies in charge. board. If my colleagues want to cut, if the production of dairy products. They are My colleagues will not be surprised the majority will is to cut, then let us being asked to pay for a program that con- to learn that one of the projects cut do so in a rational, considered way, not tinues to waste their tax dollars. They are was mine. Now, it was not mine person- by this, it was not midnight, but I had being asked to pay higher prices at the super- ally, it was a lab facility, the Beltsville no notice of it, and I suggest that per- market for food. Agricultural Research Center, which haps most Members did not have notice We are no longer giving farmers in certain this Nation has created. It happens to of it. areas of the country an incentive to product be located in my district. But it is I urge a ‘‘no’’ vote on this legislation. more milk. We are now giving them an incen- America’s research facility, and it is Mr. RYAN of Wisconsin. Mr. Chairman, I tive to overproduce milk. This type of system the best research facility in the world. have watched the debate over agriculture ap- does not provide an incentive for farmers to Every farmer, not just in America, propriations for the past two days. Farmers operate efficiently or to produce items that are but throughout the world relies on the are the backbone of my state. The economy natural to their agricultural environment. How research that that institution has pro- of Wisconsin is based on agricultureÐif our can we vote against a system that encourages duced. In fact, productivity at every farmers suffer, the economy of our entire state the market to operate more efficiently? farm in America and every farm in the suffers. These issues are vital to the people of If this House forces its will on the USDA, world that uses our technology is very the district I serve; however, no issue in agri- you will be silencing the voices of millions of substantially up because of the product culture is as vital to the farmers of Wisconsin farmers around the country who have been of the Beltsville Agricultural Research as the reform of the dairy market order sys- heard on this issue by USDA and deserve the Center. tem. right to vote on this reform. This reform must I was not singled out. Peoria, Illinois, This country, one of the most techno- be supported by 2¤3 of the farmers in a region had a project; the gentleman from Illi- logically advanced countries in the world, con- before it can be implemented in that region. nois (Mr. LAHOOD) took a hit. Others tinues, at the behest of Congress, to force an took a hit. So I do not perceive this to antiquated system of price-fixing in the dairy The USDA assures us that this reform will have been a partisan hit. I do not as- industry that violates every free market prin- only create a more equitable free market sys- cribe my colleagues’ motives as par- ciple. Congress has been manipulating the tem; it will not seriously impact prices paid for tisan. I ascribe them to needing to get dairy industry for far too long. This system had dairy products in any region of this country. It votes. a purpose in the 1930's; it was designed to will be a win-win for everyone; I urge you to But I suggest to my colleagues, and I encourage milk production in regions of this support these minute changes the USDA has suggest to my colleagues on the other country that were suffering dairy shortages. made that will mean everything to the farmers side, my side of the aisle, this is not But this system has outlived its usefulness. in the first district of Wisconsin. the way to legislate. This is not the Advances in technology and transportation Ms. ROYBAL-ALLARD. Mr. Chairman, I rise way to make critical judgments on the have eliminated the need for this system. in reluctant opposition to H.R. 1906, the Agri- priorities of America. The current marketing order is unfair and in- culture Appropriations Bill for fiscal year 2000. Now, I know one of my colleague’s efficient for a number of reasons. Not only It had been my intention to support Members had a lot of amendments, and does it force higher prices for dairy products H.R. 1906 because it contains many worthy, he was going to offer hundreds perhaps based on distance from my home state of programs that are of benefit not just to our until next week, and perhaps this got Wisconsin; it also allows the Northeast Dairy farmers, but to all Americans. However, in a him on board. It appears that it did. He Compact to operate. This is not a free market last-minute ploy, the Republican leadership is not offering amendments anymore. system; in fact, it is a system that violates decided to make deep cuts to this bill that call I talked to the gentleman from Alas- most free market principles. It encourages into question their commitment to both Amer- ka (Chairman YOUNG) for whom I have overproduction and inefficient methods of pro- ican farmers and American consumers who not only great respect, but unre- duction. rely on adequate funding for these programs. strained affection. I think he is one of The farmers in my district are suffering be- Those cuts included important agricultural con- the finest Members of this body. cause they live too close to Eau Claire, Wis- struction projects in California, including im- Frankly, one of the other Members consin. How many members of Congress provements to the Agricultural Research Serv- with whom I am very close, and he even know how far their district is from Eau ice's Western Regional Research Center at Al- would say that, I hope it does not hurt Claire, Wisconsin? Yet the way dairy products bany and construction of the Western Human his reputation, is the gentleman from are priced is based on that distance. Does Nutrition Laboratory at Davis. These projects New Mexico (Mr. SKEEN). I do not think that make sense to anyone? It surely doesn't are supported by the Department of Agri- they would have done this. I do not make sense to me or the farmers of Wis- culture, they were in the President's budget think they did do it. I think they were consinÐa State where we are losing more request, and there was no opposition to in- the instruments. family farms each year than many of you have cluding the necessary construction funds prior But I do not think this is a good day in your entire state. to today. I am very disappointed that the Re- for agriculture, for farmers, for con- Make no mistake about itÐthis system hurts publican leadership has chosen to pull the rug sumers. I want to say something else Wisconsin and hurts Wisconsin farmersÐand out from under these vital facilities. about this bill. It plays a game, this this Congress is responsible for that. The H.R. 1906, as reported by the Appropria- $102 million. It takes $10 million in USDA reform initiative is a small step to allevi- tions Committee, was not a perfect bill, but I rental payments from FDA and says, ate a situation that has been plaguing dairy believe Chairman JOE SKEEN and Ranking we will not pay it. farmers in the Midwest for far too long. Ac- Member MARCY KAPTUR and their sub- My colleagues just passed a bank- cording to USDA analysis, incorporating the committee members did a commendable job ruptcy act that said something about changes in the Federal Milk Marketing Order under tough budget constraints to fund the personal responsibility, about paying Class I differential prices lowers average an- many deserving programs in this bill. The last- one’s bills. But in the amendment for nual revenue in all federal order markets by minute amendment offered by Rep. BILL which my colleagues just voted, they only $2.8 million and raises farm revenue for YOUNG to appease the right wing of his party said, but one does not have to pay one’s the U.S. by $3.2 million. As we all know, these works against that spirit of bipartisanship. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3821 This bill's scope, the so-called ``agriculture'' to ensure that no qualified women and chil- In fact, during the FY 2000 Agriculture Ap- appropriations bill, is sweeping, from agri- dren miss out on the benefits of this program, propriations hearing the Committee recognized culture research, rural development and land which contribute to a healthy America. the value of the FCN program. Despite that conservation programs to food safety and op- California is the largest agricultural pro- endorsement, I am concerned that both the erations of the Food and Drug Administration. ducing state in the nation, and I am phased Committee and the Administration are relying Administration of our farm programs and mar- that the committee has recommended funding on the future authorization of user fees to fund keting of our agricultural commodities is also for other programs of benefit to our farmers. the FCN program. Yet to date, no fee author- included, yet the greatest share of the funding Unlike many producers in the Midwest who ization bill has been introduced, much less goes for nutrition programs, including food have long benefited from agriculture price sup- discussed in any detail. Without either an ap- stamps, school breakfast and lunch, and the port programs, many of our California pro- propriation or an assurance of user fee author- Special Supplemental Nutrition Program for ducers have been engaged in market-oriented ization, the FCN program will not be imple- Women, Infants and Children or WIC. agriculture for many years. That's why the mented, and important progress in food pack- I'm particularly grateful to the committee for Market Access Program (MAP) is so important aging will be delayed. adding funding within the extension activities to our cooperatives, small farmers and other It will be unfortunate if this innovative new of the Cooperative State Research Education producers who are making aggressive efforts program was unintentionally thwarted. For that and Extension Service for an after-school pro- to expand markets overseas. I'm pleased that reason, I urge the Chairman and Ranking gram in Los Angeles. Our 4±H after school ac- the committee has funded MAP at its full au- Member to assure that at least the authorized tivity program is operating at 21 sites, and thorized level. level of funding be made available in the event In addition, agricultural research into the over 4,000 kids are participating in educational that a fee system cannot be enacted in time special problems that affect California com- field trips, getting homework assistance and for FY 2000. receiving other types of mentoring. This pro- modities takes on added importance to our The CHAIRMAN. There being no fur- gram is a wonderful antidote to the drug and producers. Research into integrated pest man- ther amendments, under the rule, the gang activity to which many of the kids in my agement and into alternatives to methyl bro- Committee rises. district are susceptible. I very much appreciate mide are just some of the vital research Accordingly, the Committee rose; projects under way at the University of Cali- this one-time infusion of funding so we can and the Speaker pro tempore (Mr. fornia, and funding for the Agricultural Re- sustain the program and establish a long-term LAHOOD) having assumed the chair, Mr. search Service, for cooperative federal-state partnership between the government and busi- PEASE, Chairman of the Committee of research, for competitive research grants, and nesses in our community. the Whole House on the State of the for special research grants are all important I am also grateful that the bill contains an Union, reported that that Committee, parts of this bill. increase of $5 million for farm labor housing in having had under consideration the bill the Rural Cooperative Service and $9 million There are many other programs in the bill that I could comment on, including the food (H.R. 1906) making appropriations for for rural housing assistance grants, which can Agriculture, Rural Development, Food also be used for non-profit organizations of safety program and the youth anti-tobacco ini- tiative in the Food and Drug Administration. and Drug Administration, and Related farm workers. Migrant and seasonal farm- These are areas where we would all like to do Agencies for the fiscal year ending Sep- workers are some of the nation's most poorly more if possible, but the committee originally tember 30, 2000, and for other purposes, housed populations. The last documented na- reported a responsible bill based on its budget pursuant to House Resolution 185, he tional study indicated a shortage of some allocation. Now these partisan floor shenani- reported the bill back to the House 800,000 units of affordable housing for farm- gans call into question our ability to improve with sundry amendments adopted by workers. However, farmworker households are funding for these programs if opportunities the Committee of the Whole. some of the poorest, yet least assisted house- present themselves later in the appropriations The SPEAKER pro tempore. Under holds in the nation. So, the need for housing endgame. the rule, the previous question is or- is great, and the committee has responded, In short, I would like to support this bill and dered. within its overall budget constraints, to make the programs of benefit to my constituents and Is there a separate vote demanded on some needed progress in this area. the people of California and the nation. How- any amendment? If not, the Chair will The nutrition programs in this bill benefit ever, I cannot in good conscience vote for put them en gros. many of my constituents and people of all final passage because the Republican majority The amendments were agreed to. ages across the United States. However, I has made a decision to depart from the usual The SPEAKER pro tempore. The share the concern that has been expressed bipartisan manner in which we consider this question is on the engrossment and about adequate funding for the WIC program. bill, in pursuit of their own political purposes. third reading of the bill. Prior studies have demonstrated that for every I hope that the House-Senate conference The bill was ordered to be engrossed $1 spent on the WIC program, up to $3 is committee will make the needed improve- and read a third time, and was read the saved in costs to Medicaid and other federal ments in this bill that will draw the customary third time. programs. That easily makes WIC one of the widespread, bipartisan support before we send b 1845 most cost-effective programs administered by the final version to the President late in this the federal government. Although the com- fiscal year. MOTION TO RECOMMIT mittee increased funding by $81 million over Mr. MALONEY of Connecticut. Mr. Chair- Mr. OBEY. Mr. Speaker, I offer a mo- last year, the amount provided is $100 million man, I rise in support of the Food Contact No- tion to recommit. less than the President's budget request. tification (FCN) program. The FCN program The SPEAKER pro tempore (Mr. WIC serves 1.2 million Californians, and we was authorized in the Food and Drug Adminis- LAHOOD). Is the gentleman opposed to are making enormous strides in using the tration Modernization Act of 1997, and re- the bill? funds to serve all the mothers and children in ceived start-up funding in FY 1999. However, Mr. OBEY. Yes, I am, Mr. Speaker. need. On May 24, the California Department FY 2000 Agriculture Appropriations does not The SPEAKER pro tempore. The of Health Services lowered the maximum price provide additional money. Without a funding Clerk will report the motion to recom- it would pay for milk, eggs, cheese, cereal, source, either in the FY 2000 Agriculture Ap- mit. juice and other foods in the WIC market bas- propriations or through user fees, this program The Clerk read as follows: ket in order to avoid having to cut 25,000 poor will not be implemented. Mr. OBEY moves to recommit the bill H.R. mothers and children from its roster. While By reducing a significant regulatory burden, 1906 to the Committee on Appropriations other states may easily serve their WIC recipi- the FCN reforms expedite the approval of food with instructions to report the same back to ents with the funds distributed to them, Cali- the House forthwith with the following contact substances, like plastic, paper and amendment: fornia must use its funding shrewdly in order aluminum used in food packaging. Under this At the end of the bill, before the short to serve all those in need. The Effective Food new streamlined regulatory system, it would title, insert the following new section: and Nutrition Education Program (EFNEP) of be possible for safe food-contact materials to ‘‘SEC. . Notwithstanding any other provi- the Extension Service also plays an important be marketed after only 120 days of filing notifi- sion of this Act, the amount otherwise pro- role in working with WIC mothers and others cation with the FDAÐshortening the current vided for salaries and expenses for the Food to help them build positive lifelong nutrition process from as much as six years to only a and Drug Administration is hereby increased habits and skill. I urge the chairman and the few months. Both consumers and manufactur- by $20,000,000.’’ committee to reassess the WIC funding level ers would benefit by the availability of better Mr. OBEY. Mr. Speaker, I am op- during its conference with the Senate in order products in a more timely manner. posed to this bill in its present form. In H3822 CONGRESSIONAL RECORD — HOUSE June 8, 1999 substance, we will be providing one- the gentleman’s motion to recommit lion just in the supplemental for 1999 third fewer dollars this year than we and then will end the evening by voting and this fiscal year 2000 bill. are providing at the present time to against the bill, which I apologize to Make the tough choice, vote against support the needs of our farmers, and the subcommittee chair and to the full this motion and let us pass this bill that creates no compulsion at all to committee chair. It was not my inten- and get it to conference. vote for this bill as far as I am con- tion as a loyal member, having gone The SPEAKER pro tempore. Without cerned. through all those meetings, to do that. objection, the previous question is or- This recommittal motion restores $21 And I would urge all my colleagues to dered on the motion to recommit. million to the Food and Drug Adminis- vote ‘‘no’’ on final passage as well, and There was no objection. tration just cut by the previous amend- I feel sad to do that today. The SPEAKER pro tempore. The ment. Now, those who are opposed to Mr. YOUNG of Florida. Mr. Speaker, question is on the motion to recommit. this amendment will say the money is I rise in opposition to the motion. The question was taken; and the Mr. KINGSTON. Mr. Speaker, will not needed. If that is the case, I would Speaker pro tempore announced that the gentleman yield? ask one simple question: Why did we the noes appeared to have it. put it in the bill in the first place? Mr. YOUNG of Florida. I yield to the This cut, as the gentleman from gentleman from Georgia. RECORDED VOTE Maryland indicated, was not made to Mr. KINGSTON. Mr. Speaker, I Mr. OBEY. Mr. Speaker, I demand a solve any substantive problem with the thank the gentleman for yielding to recorded vote. bill. It was made to simply solve a po- me. A recorded vote was ordered. litical problem within the majority Just 2 years ago, Mr. Speaker, we all The vote was taken by electronic de- party caucus because the problem was popped the champagne corks and cele- vice, and there were—ayes 207, noes 220, that last week they had a worse week brated the passage of a bipartisan not voting 8, as follows: than Charismatic and they were trying budget agreement signed by the Presi- [Roll No. 176] dent of the United States, the Demo- to figure out how to recover. And so AYES—207 what they decided to do is to try to crats and the Republicans in the Con- Abercrombie Green (TX) Moran (VA) take a nip and a tuck out of some bills gress, and now it is time to follow Ackerman Gutierrez Murtha without regard to the substantive ef- through on that agreement. We must, Allen Hall (OH) Nadler fect. on both sides of the aisle, follow Andrews Hall (TX) Napolitano This amendment was not meant to through on our obligation. Baird Hastings (FL) Neal Look what is ahead in terms of Baldacci Hill (IN) Oberstar solve a substantive problem. It was Baldwin Hilliard Obey meant to simply help the majority spending: Veterans’ bills, processing of Barcia Hinchey Olver party get another week through the their health care claims, water and Barrett (WI) Hinojosa Ortiz Becerra Hoeffel legislative agenda while they try to sewer grants, housing for the low in- Owens Bentsen Holden Pallone figure out how to correct the fact that come, education, money for teachers, Berkley Holt Pascrell they are essentially $35 billion from re- Medicaid, children’s health and immu- Berman Hooley Pastor ality in terms of overall appropria- nizations, money for the National Park Berry Hoyer Payne Service for land acquisition, for trails, Bishop Inslee Pelosi tions. Blagojevich Jackson (IL) Peterson (MN) If Members are opposed to this for shelters, for the Department of In- Blumenauer Jackson-Lee Phelps amendment, I would simply ask: Are terior, research money for diabetes, Bonior (TX) Pickett Parkinson’s, multiple sclerosis, heart, Borski Jefferson Pomeroy we really doing too much to achieve Boswell John jobs programs of all natures. In es- Price (NC) food safety in this country? Are we Boucher Johnson, E.B. Rahall really doing too much to inspect for- sence, this is only the first appropria- Boyd Jones (OH) Rangel eign fruits and vegetables? Are we real- tions bill. Everything else that is in Brady (PA) Kanjorski Reyes Brown (FL) Kaptur Rivers ly doing too much to speed the delivery our $1.7 trillion budget lies down the Brown (OH) Kennedy road. Rodriguez of new life-saving drugs to the market- Capps Kildee Roemer Capuano Kilpatrick place? By supporting this decrease in fund- Rothman Cardin Kind (WI) ing on this bill right now, we free up Roybal-Allard We will, sometime this year, be vot- Carson Kleczka Rush ing on about $15 billion for the Na- more money down the road to have Clay Klink Sabo Clayton Kucinich tional Institutes of Health. About $5 more options on these very, very im- Sanchez Clement LaFalce billion of that will be for cancer re- portant programs, and that is why we Sanders Clyburn Lampson Sandlin search. We have been told that the need to pass the bill in its present Condit Lantos Sawyer chairman of the subcommittee on the form, as amended. Conyers Larson Schakowsky Costello Lee majority side wants to double spending Mr. YOUNG of Florida. Mr. Speaker, Scott Coyne Levin reclaiming my time, let me simply say Serrano for the National Institutes of Health Cramer Lewis (GA) over the next 5 years. That is a lot of that we in the House and our col- Crowley Lipinski Sherman ‘‘blagole.’’ leagues in the Senate and our Presi- Cummings Lofgren Shows Sisisky But no matter how much we put into dent at the White House agreed to a Danner Lowey Davis (FL) Lucas (KY) Skelton research, if we contribute to bottle- balanced budget proposal in 1997. We Davis (IL) Luther Slaughter necks at FDA, we are delaying the day set budget caps for this fiscal year and DeFazio Maloney (CT) Smith (WA) for the next fiscal year. And if my col- DeGette Maloney (NY) Snyder when new life-saving drugs will reach Spratt the marketplace; life-saving drugs that leagues think this year is tough, wait Delahunt Markey DeLauro Martinez Stabenow deal with cancer, that deal with Par- till next year, because that budget cap Deutsch Mascara Stark kinson’s Disease, that deal with every goes down even more than it did this Dicks Matsui Stenholm year. Dingell McCarthy (MO) Strickland other disease known to man. Stupak But if we are going to be true to our- Dixon McCarthy (NY) I would urge my colleagues when Doggett McDermott Tanner they cast their votes tonight on this selves, if we are going to be true to the Dooley McGovern Tauscher amendment to vote on substance, not fiscal restraint that we put into effect Doyle McIntyre Taylor (MS) politics; vote to restore this badly and that all of our leaders signed off Edwards McKinney Thompson (CA) Engel McNulty Thompson (MS) needed $21 million. That is the least we on, if we are going to stay within that Eshoo Meehan Thurman can do to correct some of the damage budget cap, we are going to have to Etheridge Meek (FL) Tierney just done by the previous amendment. make some tough decisions, and today Evans Meeks (NY) Towns we are making some tough decisions. Farr Menendez Turner Ms. KAPTUR. Mr. Speaker, will the Fattah Millender- Udall (CO) gentleman yield? Vote against this motion to recom- Filner McDonald Udall (NM) Mr. OBEY. I yield to the gentle- mit, vote for the bill. Let us get this Frank (MA) Miller, George Velazquez woman from Ohio. bill into conference and get the money Frost Minge Vento Gejdenson Mink Visclosky Ms. KAPTUR. Mr. Speaker, I would on the way to the American farmers Gephardt Moakley Watt (NC) just say to the gentleman that this where the help is really needed and Gonzalez Mollohan Waxman particular Member is going to support bring that amount up to over $14 bil- Gordon Moore Weiner June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3823 Wexler Wise Wu Mr. MICA. Mr. Speaker on rollcall No. 176, NAYS—183 Weygand Woolsey Wynn I was avoidably detained. Had I been present, Ackerman Hinojosa Owens NOES—220 I would have voted ``no.'' Allen Hoeffel Pallone Andrews Holden Pascrell Aderholt Gilman Petri The SPEAKER pro tempore (Mr. Baird Holt Pastor Archer Goode Pickering LAHOOD). The question is on the pas- Baldacci Hooley Paul Armey Goodlatte Pitts sage of the bill. Baldwin Hoyer Payne Bachus Goodling Pombo Barrett (WI) Inslee Pelosi Baker Goss Porter Pursuant to clause 10 of rule XX, the Becerra Jackson (IL) Peterson (MN) Ballenger Graham Portman yeas and nays are ordered. Berkley Jackson-Lee Phelps Barr Granger Pryce (OH) The vote was taken by electronic de- Berman (TX) Pomeroy Barrett (NE) Green (WI) Quinn vice, and there were—yeas 246, nays Berry Jefferson Price (NC) Bartlett Greenwood Radanovich Blagojevich Johnson, E. B. Rahall Barton Gutknecht Ramstad 183, not voting 6, as follows: Blumenauer Jones (OH) Rangel Bass Hansen Regula [Roll No. 177] Borski Kanjorski Rivers Bateman Hastert Reynolds Boucher Kaptur Rodriguez Bereuter Hastings (WA) Riley YEAS—246 Boyd Kennedy Rothman Biggert Hayes Rogan Abercrombie Gallegly Nussle Brady (PA) Kildee Roybal-Allard Bilbray Hayworth Rogers Aderholt Ganske Ortiz Brown (FL) Kilpatrick Royce Bilirakis Hefley Rohrabacher Archer Gekas Ose Brown (OH) Kind (WI) Rush Bliley Herger Ros-Lehtinen Armey Gibbons Oxley Capps Kleczka Sabo Blunt Hill (MT) Roukema Bachus Gilchrest Packard Capuano Klink Sanchez Boehlert Hobson Royce Baker Gillmor Pease Cardin Kucinich Sanders Boehner Hoekstra Ryan (WI) Ballenger Gilman Peterson (PA) Carson Lampson Sandlin Bonilla Horn Ryun (KS) Barcia Goode Petri Clay Lantos Sawyer Bono Hostettler Salmon Barr Goodlatte Pickering Clayton Larson Scarborough Brady (TX) Houghton Sanford Barrett (NE) Goodling Pickett Clement Lee Schakowsky Bryant Hulshof Saxton Bartlett Goss Pitts Clyburn Levin Scott Burr Hunter Scarborough Barton Graham Pombo Conyers Lewis (GA) Sensenbrenner Burton Hutchinson Schaffer Bass Granger Porter Costello Lofgren Serrano Callahan Hyde Sensenbrenner Bateman Green (WI) Portman Coyne Lowey Shays Calvert Isakson Sessions Bentsen Greenwood Pryce (OH) Crowley Lucas (KY) Sherman Camp Istook Shadegg Bereuter Gutknecht Quinn Cummings Luther Slaughter Campbell Jenkins Shaw Biggert Hall (OH) Radanovich Davis (FL) Maloney (CT) Smith (WA) Canady Johnson (CT) Shays Bilbray Hall (TX) Ramstad Davis (IL) Maloney (NY) Snyder Cannon Johnson, Sam Sherwood Bilirakis Hansen Regula DeFazio Markey Spratt Castle Jones (NC) Shimkus Bishop Hastert Reyes DeGette Martinez Stark Chabot Kasich Shuster Bliley Hastings (WA) Reynolds Delahunt Mascara Stearns Chambliss Kelly Simpson Blunt Hayes Riley DeLauro Matsui Stenholm Coble King (NY) Skeen Boehlert Hayworth Roemer Deutsch McCarthy (MO) Stupak Coburn Kingston Smith (MI) Boehner Herger Rogan Dicks McCarthy (NY) Tancredo Collins Knollenberg Smith (NJ) Bonilla Hill (MT) Rogers Dingell McDermott Tanner Combest Kolbe Smith (TX) Bonior Hilleary Rohrabacher Dixon McGovern Tauscher Cook Kuykendall Souder Bono Hobson Ros-Lehtinen Doggett McKinney Thompson (CA) Cooksey LaHood Spence Boswell Hoekstra Roukema Engel McNulty Thompson (MS) Cox Largent Stearns Brady (TX) Horn Ryan (WI) Eshoo Meehan Thurman Crane Latham Stump Bryant Hostettler Ryun (KS) Etheridge Meek (FL) Tierney Cubin LaTourette Sununu Burr Houghton Salmon Farr Meeks (NY) Towns Cunningham Lazio Sweeney Burton Hulshof Sanford Fattah Menendez Turner Davis (VA) Leach Talent Buyer Hunter Saxton Filner Millender- Udall (CO) Deal Lewis (CA) Tancredo Callahan Hutchinson Schaffer Frank (MA) McDonald Udall (NM) DeLay Lewis (KY) Tauzin Calvert Hyde Sessions Frost Miller, George Velazquez DeMint Linder Taylor (NC) Camp Isakson Shadegg Gejdenson Minge Vento Diaz-Balart LoBiondo Terry Campbell Istook Shaw Gephardt Mink Visclosky Dickey Lucas (OK) Thomas Canady Jenkins Sherwood Gonzalez Moakley Watt (NC) Doolittle Manzullo Thornberry Cannon John Shimkus Gordon Moran (VA) Waxman Dreier McCrery Thune Castle Johnson (CT) Shows Green (TX) Murtha Weiner Duncan McHugh Tiahrt Chabot Johnson, Sam Shuster Gutierrez Nadler Weygand Dunn McInnis Toomey Chambliss Jones (NC) Simpson Hastings (FL) Napolitano Wise Ehlers McIntosh Traficant Coble Kasich Sisisky Hefley Neal Woolsey Ehrlich McKeon Upton Coburn Kelly Skeen Hill (IN) Oberstar Wu Emerson Metcalf Vitter Collins King (NY) Skelton Hilliard Obey Wynn English Miller (FL) Walden Combest Kingston Smith (MI) Hinchey Olver Everett Miller, Gary Walsh Condit Knollenberg Smith (NJ) Ewing Moran (KS) Wamp Cook Kolbe Smith (TX) NOT VOTING—6 Fletcher Morella Watkins Cooksey Kuykendall Souder Brown (CA) Ford Waters Foley Myrick Watts (OK) Cox LaFalce Spence Chenoweth McCollum Wexler Forbes Nethercutt Weldon (FL) Cramer LaHood Stabenow Fossella Ney Weldon (PA) Crane Largent Strickland b 1923 Fowler Northup Weller Cubin Latham Stump Mr. SHAYS changed his vote from Franks (NJ) Norwood Whitfield Cunningham LaTourette Sununu Frelinghuysen Nussle Wicker Danner Lazio Sweeney ‘‘yea’’ to ‘‘nay.’’ Gallegly Ose Wilson Davis (VA) Leach Talent So the bill was passed. Ganske Oxley Wolf Deal Lewis (CA) Tauzin The result of the vote was announced Gekas Packard Young (AK) DeLay Lewis (KY) Taylor (MS) Gibbons Paul Young (FL) DeMint Linder Taylor (NC) as above recorded. Gilchrest Pease Diaz-Balart Lipinski Terry A motion to reconsider was laid on Gillmor Peterson (PA) Dickey LoBiondo Thomas the table. Dooley Lucas (OK) Thornberry NOT VOTING—8 Doolittle Manzullo Thune f Brown (CA) Ford Mica Doyle McCrery Tiahrt SPECIAL ORDERS Buyer Hilleary Waters Dreier McHugh Toomey Chenoweth McCollum Duncan McInnis Traficant The SPEAKER pro tempore (Mr. Dunn McIntosh Upton SHIMKUS). Under the Speaker’s an- Edwards McIntyre Vitter b 1907 Ehlers McKeon Walden nounced policy of January 6, 1999, and Ehrlich Metcalf Walsh under a previous order of the House, Mr. CAMP changed his vote from Emerson Mica Wamp the following Members will be recog- ‘‘aye’’ to ‘‘no.’’ English Miller (FL) Watkins Evans Miller, Gary Watts (OK) nized for 5 minutes each. Mr. DOYLE and Mr. MCINTYRE Everett Mollohan Weldon (FL) f changed their vote from ‘‘no’’ to ‘‘aye.’’ Ewing Moore Weldon (PA) The SPEAKER pro tempore. Under a So the motion to recommit was re- Fletcher Moran (KS) Weller Foley Morella Whitfield previous order of the House, the gen- jected. Forbes Myrick Wicker tleman from Indiana (Mr. BURTON) is The result of the vote was announced Fossella Nethercutt Wilson recognized for 5 minutes. as above recorded. Fowler Ney Wolf Franks (NJ) Northup Young (AK) (Mr. BURTON of Indiana addressed Stated against: Frelinghuysen Norwood Young (FL) the House. His remarks will appear H3824 CONGRESSIONAL RECORD — HOUSE June 8, 1999 hereafter in the Extensions of Re- b 1930 in Room H–312 in the Capitol by noon marks.) He is chairman of the board of Neigh- this Friday, June 11. Amendments f borhood National Bank, a San Diego- should be drafted to H.R. 1501 as intro- duced. Members should know that the MY TRIBUTE TO DR. HOWARD based community bank which spurs de- Committee on Rules may consider CAREY: A GOOD NEIGHBOR velopment in inner city neighborhoods. He was a founding member of Union amendments relating to the causes of The SPEAKER pro tempore. Under a and solutions to youth violence and previous order of the House, the gen- Bank of California’s Community Advi- sory Board to advise bank managers on certain firearms proposals. tleman from California (Mr. FILNER) is the financial needs of low-income and Mr. Speaker, the Committee on Rules recognized for 5 minutes. is also planning to meet the week of Mr. FILNER. Mr. Speaker, I rise underserved communities. He has held policy-making and advisory positions June 14 to grant a rule which may today to recognize the 30th anniversary limit the amendment process on H.R. of Dr. Howard Carey’s commitment to at the Neighborhood Development 1000, the Aviation Investment Reform the Neighborhood House Association Bank, San Diego Unified School Dis- Act for the 21st century, the so-called and to his role as president and chief trict, United Way, the Minority Rela- Air 21 bill. Any Member who wishes to executive officer since 1972. Dr. Carey tions Committee, the Black Leadership offer an amendment should submit, brings more than 35 years of experience Council, former San Diego Mayor again, 55 copies and a brief explanation in the field of social work, from both Maureen O’Connor’s Black Advisory of the amendment by noon this coming administrative and program perspec- Committee, a Congressional Black Af- tives to this leadership position. Serv- fairs Subcommittee, the Black-Jewish Monday, June 14, to the Committee on ing more than 300,000 San Diego resi- Dialogue, the National Conference of Rules, once again, upstairs in Room 312 dents, Neighborhood House is one of Christians and Jews, the Coalition for here in the Capitol. Amendments the largest nonprofit organizations in Equity and San Diego County’s Child should be drafted to the text of the bill San Diego, a multipurpose social wel- Care Task Force. as reported by the Committee on fare agency whose goal is to improve Professionally he has contributed as Transportation and Infrastructure on the quality of life of the people served. a professor at San Diego State Univer- May 27. The committee filed this re- Since Dr. Carey assumed leadership, sity, as a lecturer at the University of port on H.R. 1000 on May 28. Members Neighborhood House has grown from a California, San Diego, and at National should use the Office of Legislative budget of $400,000 and a staff of 35 to its University of San Diego and as instruc- Counsel to assure that their amend- current budget of $50 million with a tor for Wooster College in Ohio and at ments are properly drafted and should staff of 800. San Diego Community College. His fur- check with the Office of the Parliamen- Its multitude of services to strength- ther professional associations include tarian to be certain their amendments en families and to assist them in be- charter membership in LEAD, the Na- comply with the rules of the House. coming self-sufficient include not only tional Association of Social Workers, f the two for which it is best known, the National Association of Black So- The SPEAKER pro tempore. Under a Head Start, which reaches 6,500 pre- cial Workers; a founding member of the previous order of the House, the gen- schoolers in 70 centers and its food San Diego Chapter of Alpha Pi Phi Fra- tleman from North Carolina (Mr. bank program which collects and dis- ternity, Sigma Pi Phi Fraternity, JONES) is recognized for 5 minutes. tributes 12 million pounds of food an- Alpha Kappa Delta, Morehouse College (Mr. JONES of North Carolina ad- nually, but also housing, counseling, Alumni Association, San Diego Dia- dressed the House. His remarks will ap- adult day care, emergency food and logue and the National Conference of pear hereafter in the Extensions of Re- shelter and inner city youth enrich- Social Welfare. marks.) ment program, employment training As impressive as this list is, it does f centers, health services for the men- not do justice to Dr. Carey. It is his tally ill and elderly, and a senior cit- passion for service that leads him into INTRODUCTION OF THE RAILWAY izen service center. these activities. He knows that ex- SAFETY AND FUNDING EQUITY Dr. Carey’s motto, ‘‘being a good traordinary measures are sometimes ACT OF 1999 neighbor,’’ is emulated by the extended needed to strengthen communities and The SPEAKER pro tempore. Under a families of employees at Neighborhood families, and he is always willing to go House and reaches from the Mexican previous order of the House, the gen- that extra mile. Because Dr. Carey and tleman from Illinois (Mr. LIPINSKI) is border to the northern reaches of San the work of Neighborhood House Diego County. His legacy is one of ex- recognized for 5 minutes. reaches deep into the hearts and minds Mr. LIPINSKI. Mr. Speaker, I rise cellence. A professional in the best of his neighbors and changes lives, his sense of this word, he is a man of today to speak about the Railroad contributions to our community are Safety and Funding Equity Act of 1999, honor, strength and determination. He far-reaching, long-lasting and immeas- is dedicated to service and to making legislation that I have introduced urable. I sincerely appreciate this op- life better for his neighbors who are in today along with my friend and col- portunity to honor Dr. Carey and his need. league, the gentleman from Alabama Dr. Carey is a native of Lexington, many contributions to San Diego dur- (Mr. CRAMER). Also known as RSAFE, Mississippi, a graduate of Atlanta’s ing the past 3 decades. this bill will increase funding for a far- Morehouse College, and holds graduate f too-long-overlooked aspect of highway degrees from Atlanta University and and railroad safety grade crossings. ANNOUNCEMENT REGARDING United States International Univer- With record levels of motorists on AMENDMENT PROCESS FOR H.R. sity. He became enchanted with San our Nation’s roads and highways and 1501, ADDRESSING YOUTH VIO- Diego during his 4 years of military with a record amount of freight being LENCE AND CHILDREN’S SAFE- service with the United States Navy moved by rail, the lack of our nation’s TY; AND H.R. 1000, AVIATION IN- and returned with his wife, the former commitment to funding safety pro- VESTMENT AND REFORM ACT Yvonne Arnold of Newnan, Georgia, a grams is nearing dangerous levels. graduate of Spelman College. Dr. Carey FOR THE 21ST CENTURY RSAFE will bolster our Nation’s com- and his wife are the parents of two Mr. DREIER. Mr. Speaker, the Com- mitment by almost doubling the cur- adult children who are themselves mittee on Rules is planning to meet rent Federal grade crossing improve- graduates of Morehouse and Spelman. the week of June 14 to grant a rule ment program. One would think that his service to the which may limit the amendment proc- As two recent train crashes in Illi- community through his work at the ess for floor consideration of H.R. 1501, nois showed, one a fatal crash in Bour- Neighborhood House would fill his days a bill addressing youth violence and bonnais and the other in my district in entirely but Dr. Carey’s service extends children’s safety. Any Member wishing LaGrange, much more can and should to leadership and participation in to offer an amendment should submit be done to upgrade safety at railroad to many community organizations and 55 copies and a brief explanation of the highway grade crossings. For too long local activities. amendment to the Committee on Rules policymakers have accepted it as fact June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3825 that grade crossings are dangerous, and The SPEAKER pro tempore. Under a ship. It should bother all of us that they have left it at that. RSAFE will previous order of the House, the gentle- after cavorting with the butchers of take the 4.3 cents per gallon diesel fuel woman from the District of Columbia Beijing, these American CEOs tax that railroads currently pay to- (Ms. NORTON) is recognized for 5 min- streamed into Ronald Reagan National wards deficit reduction and transfer it utes. Airport to argue for continued favors, into the Department of Transportation (Ms. NORTON addressed the House. continued trade advantages for the Section 130 Grade Crossing Safety pro- Her remarks will appear hereafter in world’s worse abuser of human rights. gram. This money will then be distrib- the Extensions of Remarks.) It should bother all of us that the bru- uted to the States on a formula basis. f tal nature of China’s Communist re- Based on estimates of railroads’ tax The SPEAKER pro tempore. Under a gime is totally ignored by all too many receipts, RSAFE will add approxi- previous order of the House, the gen- in America’s business community. mately $125 million or more to the cur- tleman from Illinois (Mr. RUSH) is rec- The harsh reality is that the ongoing rent $150 million in the Section 130 pro- ognized for 5 minutes. genocide in Tibet, continued arrest, gram. Therefore, among other things, (Mr. RUSH addressed the House. His RSAFE will give States much more and torture of democracy activists, remarks will appear hereafter in the ability to construct gates at grade proliferation of nuclear technology to Extensions of Remarks.) crossings, develop and acquire new North Korea, none of that matters very technology that could serve as alter- f much to too many people in America’s natives to whistle-blowing and gen- business community. To this I say, the CHINA HAS YET TO EARN most effective way to toughen our rela- erally remove hazards at grade cross- PREFERENTIAL TRADE STATUS ings. tionship with China is to deny it spe- RSAFE also mandates that 5 percent The SPEAKER pro tempore. Under a cial trading privileges. of the new funding will be spent for previous order of the House, the gen- Every year I and others in this body education and awareness campaigns, tleman from Ohio (Mr. BROWN) is rec- have prodded the administration and such as Operation Lifesaver. Operation ognized for 5 minutes. the Republican leadership to force Lifesaver works with local law enforce- Mr. BROWN of Ohio. Mr. Speaker, 10 China to improve its behavior before ment officials and others to make pe- years ago this week China’s Com- giving it preferential trade status. destrians and motorists aware of the munist dictatorship sent its tanks and These benefits give China’s Communist armored carriers crashing through the dangers at grade crossings. RSAFE Party dictators billions and billions of prodemocracy protests in Tiananmen also puts 10 percent of the new funding dollars, last year it was 60 billion to be Square in Beijing. Hundreds of inno- towards upgrading rail-to-rail cross- precise, and the commercial tech- cent protesters were crushed to death, ings. The danger posed when two nology needed to modernize the Peo- hundreds more were mowed down by freight trains collide or when a com- ple’s Liberation Army. Yet each year machine guns, hundreds more were ar- muter train collides with a freight the same GOP, the same Republican rested and executed. train are immeasurable in lives and en- Members of Congress who are the loud- The men and women who lost their vironmental costs. est in their criticism of the Clinton ad- lives in Beijing and the ones who re- Since railroad crossing safety is ministration and its China policy turn main jailed are the heirs to the legacy often a local and State issue, RSAFE around because of corporate business mandates that the States pay at least of our Founding Fathers. They quoted Thomas Jefferson, they built a monu- influence in this body, turn around and a 20 percent share of any project fi- give Beijing preferential trade status. nanced with funds under this bill. I ment fashioned after our Statue of Lib- think that this is a small price for the erty, they look to the United States as Mr. Chairman, what we need to do States to pay for the safety of their a beacon of hope and of freedom. In the before granting special trade status to citizens. United States, the nation which the the Communist Chinese is to condition The railroads often argue that the 4.3 thousands of dead at Tiananmen hoped their behavior on something other than cent per gallon tax is unfair, that they to emulate, is once again coddling the what they say. I, for one, am weary of maintain their own infrastructure un- same dictators who had them murdered continued Chinese Communist prom- like the trucking industry. But I think by renewing China’s annual trade privi- ises that they will behave, they will it even more unfair that the taxes go leges. After all, the lure of one billion play fair, they will stop human rights to deficit reduction instead of a pro- Chinese low-wage workers is the cata- abuses, they will end child labor, they gram that benefits the railroads and lyst of our China policy. will stop forced abortions, they will public safety. That is what RSAFE Think about it: no pesky unions, no begin to behave, they will stop selling does. It puts railroad money back into minimum wage laws, no labor stand- nuclear technology to rogue nations, the railroads for the benefit of the pub- ards, no effective court system to scare that they will begin to play by the lic. away investors. The potential for prof- rules. In addition, after 5 years of increased it, regardless of human rights for It was Mao, quoting Soviet leader investment in grade crossing safety, American corporations, is enormous. Lenin, who liked to state promises are After all, Wall Street bankers could RSAFE repeals the 4.3-cent diesel tax like pie crusts, they are made to be not care less if the shelves at the Lo- on October 1, 2004. Hopefully, Congress broken. will continue the higher funding for rain, Ohio, K-Mart are lined with goods the Section 130 program in the next manufactured by Chinese slave labor. Mr. Speaker, I ask the administra- highway and transportation reauthor- The lawyers in Washington could not tion, I ask the President, I ask Repub- ization bill. However, until then, every care less if Chinese workers are impris- lican leadership in this body, I ask the day that the tax goes towards deficit oned for trying to form unions. American business community, all of reduction is a day that statistics tell Win Jingshang, a democracy activist whom are far too strongly supportive us someone will die at a railroad cross- who spent nearly two decades in a Chi- of the World Trade Organization entry ing. In 1998, 428 people died from an in- nese prison, told me that American for China, I ask them to step back and cident at a grade crossing, 30 of whom corporate executives, not Chinese spies let us see if China can behave for 1 died in my home State of Illinois. but American corporate executives, are year. We should demand to see if China Clearly, 428 deaths in 1 year is unac- the vanguard of the Chinese Com- can stop its human rights abuses, can ceptable. munist Party revolution in the United stop its child labor and slave labor So I say to my colleagues and to States. practices, can stop threatening Taiwan those in the railroad community: It should bother us, all of us, that ex- before receiving another dollar from Please work with Congressman actly 10 years after the slaughter of U.S. business interests. We must not CRAMER and me to pass this legislation those demonstrators in Tiananmen give China special trading privileges, so that each day we will not see an- Square that American CEO’s actively Mr. Speaker, until we see proof that its other life perish due to our own inac- roam the government corridors of the Communist Party leaders are capable tivity and inaction. Chinese Communist Party dictator- of abiding by world standards. H3826 CONGRESSIONAL RECORD — HOUSE June 8, 1999 FUNDING FOR SOCIALLY will produce immeasurable returns for that many thousands more that were DISADVANTAGED FARMERS small farmers. killed in other accidents and suicides The SPEAKER pro tempore. Under a We must also work with the adminis- and other causes of death are not previous order of the House, the gentle- tration to produce either legislation or counted in that toll. In fact, the figure woman from North Carolina (Mrs. regulations that assures continuation is much, much higher. I said before on the floor of the House CLAYTON) is recognized for 5 minutes. of the Federal support when a State Mrs. CLAYTON. Mr. Speaker, earlier fails to provide the matching dollars when we had the terrible tragedy at today we approved an amendment re- for the land grant institutions. Many Columbine with a number of students lated to outreach funding for socially of the programs Congress intends to and faculty who were killed in that disadvantaged farmers. This amend- make available are not available to tragedy, that we have multiple Col- ment was offered by our colleague, the these institutions because the State umbines across our Nation every day. They are sometimes in the silent but gentlewoman from Ohio (Ms. KAPTUR), matching funds are not often provided. and she is also to be commended. The Finally, given the state of affairs of violent deaths of our young people through the use of illegal narcotics. amendment was accepted by the sub- small farmers, especially socially dis- Today heroin has become the drug of committee chairman, the gentleman advantaged farmers, a special appro- choice, and it is destroying lives by the from New Mexico (Mr. SKEEN). He, too, priation of not less than $10 million over the next several years should be thousands. I come from Central Florida is to be commended for his support. and represent the area from Orlando to This amendment passed, and the targeted, and we should consider this Daytona Beach, a relatively peaceful House is to be commended for doing now as we are now considering the ag- area. But Central Florida now has had that. Let me tell my colleagues why. riculture appropriation for the next few years. Targeting to reduce the such an epidemic, particularly among b 1945 rapid decline of these farmers will be a our young people, of deaths from ille- This amendment permits the Sec- meaningful investment if we are to gal drugs and overdoses, that a recent retary of Agriculture to provide addi- stop the erosion and the demise of headline in the Orlando Sentinel said tional funding for USDA outreach pro- small farmers. that illegal drug overdoses now exceed grams for socially disadvantaged farm- Mr. Speaker, there can be no doubt homicides in Central Florida. That is ers. Under the amendment, the Sec- that small farmers and ranchers are how severe the problem is in my dis- retary may transfer up to $7 million to struggling to survive in America. In trict. this program. fact, small farmers and ranchers are a That is one reason why I chose to ac- cept the Speaker’s appointment as The 2501 outreach program targets dying breed. Indeed, in my home State chairman of the Subcommittee on small and socially disadvantaged farm- of North Carolina, there has been a 64 Criminal Justice Drug Policy and ers and ranchers. The program is car- percent decline in minority farmers Human Resources. I had the great ried out by colleges and universities, just over the last 15 years, from 6,996 privilege and opportunity to serve in including the 1890 land grant institu- farms in 1978 to 2,498 farms in 1992. All the last Congress with the gentleman tions. With funds from this program, farmers, all farmers, are suffering from Illinois (Mr. HASTERT), someone these institutions are able to conduct under the severe economic downturn who folks are just learning more about, the vital and important work of train- we are now facing, but particularly who is the Speaker of the House of ing and management assistance. Indi- small and disadvantaged farmers are vidualized farm plans, upgrading ac- Representatives. facing severely. When the gentleman from Illinois counting systems, effective utilization Mr. Speaker, I commend the gentle- (Mr. HASTERT), the gentleman I refer of the vast array of other USDA pro- woman from Ohio (Ms. KAPTUR) and to, served as chairman of the Sub- grams, and the best approaches to ap- the gentleman from New Mexico (Mr. committee on National Security Crimi- plying for credit are but a few of the SKEEN) for their sensitivity to the nal Justice and International Affairs, I services available at the institutions needs of socially disadvantaged farm- served with him and at his side. I had and through this program. ers, but there is very much more we the privilege of watching the gen- Mr. Speaker, while the additional need to do. I hope Congress will be tleman from Illinois (Mr. HASTERT) dollars provided by this amendment committed to do that in the coming bring together a consensus in this Con- will be a great help to our small farm- years. gress and in the House of Representa- ers, especially those who are socially f tives to re-start the war on drugs. You disadvantaged, there are other steps must remember, and I will detail that that Congress should take to assist the THE PROBLEM OF DRUG ABUSE IN AMERICA in just a few minutes, that the war on 1890 institutions in assisting small drugs basically stopped with the elec- farmers. It should concern all of us The SPEAKER pro tempore (Mr. tion of this President and his taking that of the 1,200 Ph.D. degrees recently SHIMKUS). Under the Speaker’s an- office in 1993. I will talk more about awarded this year in agriculture nounced policy of January 6, 1999, the that in a minute. science in the United States, almost gentleman from Florida (Mr. MICA) is But, again, someone who restarted half were awarded to non-U.S. citizens, recognized for 60 minutes as the des- our national effort now leads the House while less than 3 percent were awarded ignee of the majority leader. of Representatives, and I am very to Afro-Americans. We need a program Mr. MICA. Mr. Speaker, I come to proud to have served with him in that to encourage more Americans, particu- the floor again tonight to talk about effort during the past several years as larly Afro-Americans, to pursue grad- the problem of drug abuse in our Na- the new majority gained control here uate-level education in agriculture. tion and the tremendous toll that ille- in the House of Representatives. The 1890 institutions could use addi- gal narcotics have taken across our The record of death and destruction tional support in their research and ex- great land. across our land we were very much tension efforts. This additional support It is getting so that almost every aware of when we took control of the is especially needed to strengthen the family, certainly every community House of Representatives and we saw level of performance and the produc- across the United States, can today the change from the Reagan and Bush tivity and the research and extension claim that they are victimized by ille- administration, where we saw a decline of the 1890 institutions. gal narcotics trafficking in their com- year after year in drug use and drug A modest increase of not less than 5 munities and their schools, among deaths across the Nation. What should percent in formula funding for existing their family members. The statistics be astounding is that since we really 1890 programs would go a very long are really mind-boggling and do not had this new policy with this new ad- ways in helping the 1890 schools to help make the front page of today’s news- ministration, that the figures began to small farmers. Additional funding re- paper, Mr. Speaker, but indeed they are really go off of the charts. In fact, I sources for facility funding and extend- dramatic. brought a chart tonight to illustrate ing such funding to institutional facili- Last year, over 14,000 Americans died the problem that we had. ties is but another prudent resource in drug-related deaths. That is only the Remember what I said just a minute that would be a wise investment that tip of the iceberg, because now we find ago. If you look at this chart for a June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3827 minute you will see these different they had a very revealing report which military, not just as we see today and lines of drug use illustrated in color. in fact indicated that very few individ- we are trying to make up for, and the You see that drug use was on the de- uals are there for mere possession. Al- many deployments in Kosovo, in Bos- cline. This shows that from 1989 on most all the individuals in that State nia, on and on, military exercises. But down to the 1992–93 period here, where prison system that are there because of they basically, under the guidance of the Reagan-Bush administration ended drug-related offenses are there because President Clinton, took the military their efforts, the ‘‘just say no’’ cam- they were selling substantial quan- out of the war on drugs and really paign, the eradication, the enforce- tities, participating in the act of a fel- changed their mission. It was not their ment efforts stopped, and a policy of ony, when they were under the influ- mission to help stop drugs once they working primarily on treatment, treat- ence of illegal narcotics. So many of came from the source; again, stopping ing the wounded in this battle began. the crimes are not victimless. Most of the source, eradication programs, We saw the increases in drug use that them have victims and are felonies and country programs, and then stopping these colored lines represent in almost serious offenses against our commu- the military involvement, then also every area. nity. cutting the Coast Guard dramatically. Only in the last 2 years, again under b 2000 The President led the effort to cut the leadership of Speaker HASTERT as the Coast Guard. That particularly af- So we have an incredible problem, Chair, have we seen any leveling off, fected my district and the State of but we have also incarcerated almost 2 but we still see incredible figures, par- Florida, because we had a rush of her- million Americans at great cost to the ticularly among our young people in il- oin and cocaine come through Puerto taxpayers because of this problem. legal narcotics usage. Let me say that, again, the war on il- Rico, and Puerto Rico is really guard- Let me give you one figure. Since legal narcotics, the war on drugs, died ed. It has a coast all the way around, 1993, again when this administration in 1993 with the election of this Presi- and it is guarded by the Coast Guard. took control, changed the policy, the The cuts in the Coast Guard dramati- dent and with a majority on the Demo- figure is this; that we have had an 875 crat side that controlled both the cally increased the flow of heroin and percent increase in heroin usage by our House of Representatives, the other cocaine and other illegal drugs into teens. I think if we looked at the body, and the White House from 1993 to Puerto Rico, which is of course part of charts we would see a dramatic in- 1995. the United States, and the entry-way. crease in the deaths of our teens. If we Sometimes people come to me and And with no protection, those drugs look at those more than 14,000 deaths I say the war on drugs is a failure. I say, started coming back into Florida in in- cited, many of them are among our yes, the war on drugs is a failure be- credible quantities. The deaths we see young people who are now being vic- cause it died. It not only died, it was in central Florida and throughout the timized by very potent illegal hard nar- killed in 1993. In fact, what this admin- State of Florida, again exceeding homi- cotics that are coming in in an unprec- istration did was dealt a death blow to cide, are drug-related, and those drugs edented stream. the real effort started under the we can trace coming through that The cost of this whole drug debacle is Reagan administration. trail. immense to this country and to the I know because back in the early Then of course the President made a Congress. Right now we are working in eighties I worked with Senator Haw- horrible decision in appointing Jocelyn our subcommittee to try to coordinate kins from Florida when we had a co- Elders, the infamous now fortunately the expenditures of $17.9 billion di- caine problem and a drug problem. ex-Surgeon General who said, just say rectly into the war on drugs. That is Under her leadership and under the maybe. When we have a mixed message only the tip of the iceberg, because we leadership of the Reagan administra- coming from the White House, when we spend around a quarter of a trillion tion, they began a series of legislative have a mixed message coming from the dollars in a year. When you take in in- initiatives to stop drugs at their chief health officer of the United carceration, the cost of our judicial source, to have tough interdiction of States to our young people, our young system, the social cost, welfare for drugs as they came from their source, people are not dumb, they pick this up. these drug victims and narcotics users to involve the military and the Coast They get the message that maybe, just leave a trail of social disruption that is Guard and other resources in getting say maybe; or if I had it to do over unbelievable, not to mention the pain drugs before they got to our border, again, I would inhale; or kids, do it if to their loved ones and families. stopping drugs at our border, and then it feels good. So that is a little bit of the direct tough enforcement across the land. That message went across this land. toll and cost in dollars and in lives, We know that works. The statistics Fortunately, that Surgeon General has and, as I said in Central Florida we prove that that works. Unfortunately, been replaced, and we do not have a have had just a dramatic increase in this administration abandoned those Nancy Reagan or leadership at the na- deaths, particularly among our young policies in 1993. In 1993, and these are tional level really to bring this mes- people. facts, this is not partisan rhetoric, but sage of ‘‘just say no’’ and what drugs In our prisons across this land we the other side with Democrat control can do to our young people. have almost 2 million incarcerated in the White House and the Congress, Those direct actions, and again, this citizens and other individuals there. they stopped many of the eradication is not political rhetoric but those fac- Seventy percent of them are there be- programs, the source country prob- tual actions took place, and they re- cause of drug-related offenses. Our U.S. lems. sulted in, again, this chart we see and Attorneys tell us that statistics, our I will tell the Members, if they want the dramatic rise of young 12th grade Federal Marshals, our DEA agents, and to have the most effective way to stop use here we see by this chart, but also even in conducting hearings in my hard drugs at their source, they have in drugs by numerous strata of young local community, our local sheriffs source country eradication programs, people; again, not just in 12th graders. told us that 60 to 70 percent of those in- where we have those countries become That is what we are suffering from dividuals behind bars at public expense involved in alternative crop produc- today. are there because of drug-related of- tion, where we have tough enforce- Stopping illegal narcotics, hard nar- fenses. ment, and where we have eradication of cotics coming into this country is not So if we look at the crime in this the growth of illegal narcotics. Again, a rocket scientist’s venture, really. It country, we can directly relate it, 60 to at their source is most cost-effective. requires a simple review of where nar- 70 percent of it, to illegal narcotics. There is no question about it. cotics are coming from. Let me get an- One of the interesting myths of this This administration, the Democratic- other chart up here, if I may. whole drug problem is that people be- controlled Congress, killed those pro- We know where illegal drugs are hind bars are there for casual use or for grams in 1993, or severely crippled coming from. This is very interesting possession, and that is simply not the them. What happened is we saw more because DEA has produced this chart, case. I just reviewed a report from the and more production. and this chart is 1997 heroin signature Commissioner for Crime and Enforce- In 1993, the administration took the program results. This is an interesting ment in the State of New York, and first steps towards really cutting the program because technology is so H3828 CONGRESSIONAL RECORD — HOUSE June 8, 1999 amazing. Just like we can trace DNA in the war on drugs from going to Co- ican jobs to give to lower-paying Mex- to individual human beings, we can lombia, Colombia is now the number ico jobs. trace and DEA can trace through their one producer of cocaine in the world. We have done everything as a good labs in this case heroin, and they can So we have heroin and poppies growing ally, and what have they done? The law tell almost the field that it came from in unprecedented amounts, heroin com- requires under certification that the and certainly what country of origin, ing in in unbelievable quantities in President must certify a country as co- or where it came from. these sources from Colombia. Most of operating in helping to eliminate both This little pie chart shows that 75 this, again, is due to the policy of this the production and the trafficking of percent of the heroin came from South administration. illegal narcotics. This administration, America in 1997. We know that from I do want to say that there is some this president recommended to this sampling seizures across the land. We hope on the horizon. Through the ef- Congress, and we have pending before know that 6 percent came from South- forts of the gentleman from New York us a recommendation, to certify Mex- east Asia; I am sorry, 5 percent from (Chairman GILMAN), who chairs the ico. Southeast Asia, 6 percent from south- Committee on International Relations, From 1997 to 1998, last year there west Asia, and 14 percent from Mexico. through the efforts of the full com- were less seizures of heroin, there were This is a very interesting chart be- mittee on which I serve, the Com- less seizures of cocaine, actually re- cause it tells us where the source of mittee on Government Reform and duced seizures in the country, and most of the death and destruction to Oversight, the gentleman from Indiana more production of illegal narcotics; in my communities and many commu- (Chairman BURTON) and so many oth- this case, heroin. nities across the land is coming from. ers, the gentleman from Florida (Mr. That is heroin, 1997. MCCOLLUM), we have repeatedly re- b 2015 Let me tell the Members an abso- quested, we have repeatedly helped ap- lutely startling statistic. If we took propriate, and again, through the tre- I showed my colleagues the other this chart back to 1993 or 1992, there mendous leadership of the gentleman chart that showed how production has was almost zero heroin coming from from Illinois (Mr. HASTERT), who now risen again repeatedly over the past 6 South America, almost none in South presides over the House of Representa- years, and it was in single digits. So America 6 years ago, at the beginning tives, we have succeeded in getting the this is the result of what we get from of this administration. How did we get first equipment to Colombia. Mexico. 75 percent of the heroin coming into I participated with several of the Let me talk a little bit about Mexico, the United States in 6 years? It is sim- committee chairmen recently in a which is the source of 60 percent of the ple. It is through the policy of this ad- ceremony at the Sikorsky Helicopter illegal narcotics coming into the ministration. This administration for 6 Division, where the Black Hawks are United States. We know that DEA, our years blocked any aid or assistance to produced in Connecticut, in a contract Drug Enforcement Agency, has con- the country of Columbia in the way of and delivery ceremony. Soon those hel- firmed that. The hard narcotics, the helicopters, in the way of eradication icopters that will be able to get to the heroin, the cocaine, the methamphet- equipment, in the way of ammunition, high altitudes to eradicate, to go after amine are coming in unbelievable in the way of resources to stop cocaine the drug traffickers at their source, quantities through our Mexican border. and heroin production. will be there. We will see a dramatic Now this Congress has, under the Here we are talking about heroin. decrease in the amount of heroin, the leadership of the gentleman from Illi- Again, it would be almost zero at the amount of cocaine coming into this nois (Mr. HASTERT), who brought to the beginning of the Clinton administra- country; a small amount of money, a floor several years ago a resolution tion, and it is 75 percent now coming great amount of results, stopping drugs asking Mexico to take certain actions. from South America, and almost 99 where they are grown, where they are It has been now over 2 years ago that percent of that is coming from Colum- produced, and interdicting those illegal we asked Mexico to take those actions, bia. Six years ago there was almost narcotics as they come from that again, the source of 60 percent of the none. So their policy, their direct pol- source, not when they are on our hard drugs, the death, the destruction, icy has resulted in these startling fig- streets, when it is the most difficult to those 2 million people that are behind ures. get those. our bars in our prisons. We asked Mex- Mexico, which on this pie chart ac- What I need to do tonight, Mr. ico to help us. counts for 14 percent, was also way Speaker, is show Members and the What did we ask for? We asked Mex- down on the bottom. It was in single American people how we got into this ico, first, to extradite to the United digits as far as Mexican heroin coming situation. It is a direct policy of this States Mexican nationals who are into the United States. In 6 years they administration and the Congress that major drug traffickers, send them to have managed to make Mexico not was controlled by the other side. the United States for prosecution. We only a trafficker and conduit and tran- I wanted to also talk about the other have indicted them. We have requested sit country, but they have also made primary source of illegal narcotics. In their extradition. They are guilty of Mexico a producing country rather addition to the source country now be- breaking the United States Federal than stopping it. coming Colombia, and through the pol- law. We want to try them. Repeatedly this administration has icy I described, this chart shows Mexi- We do not want them in a kangaroo certified Mexico as cooperating in the co’s statistical tables and it shows court. We do not want the corrupt judi- war on drugs. As required by Federal opium seizures, cocaine seizures. I be- cial system of Mexico to deal with law, the President must certify wheth- lieve the dark blue here shows the them. We want to try them and bring er this country is cooperating, any opium seizures for 1997. The red, the them to justice. The biggest thing drug country is cooperating to stop the pro- first column is opium seizures, down in dealers fear in the world is being duction and transiting of illegal nar- 1998. The second is cocaine seizures, brought to justice in the United States, cotics. Certainly Members can see that down in 1998. because they will pay a penalty for production is up by this chart. Again, The next is the production. The red their crime here. we would be in single digits in the shows the yield in 1998 is up. Here is To date, the Mexicans have not ex- early 1990s, and almost no heroin com- Mexico, our close ally that the United tradited the first Mexican national. ing from that area. States and this Congress and this Only after coming to the floor of the What is absolutely startling, and this House of Representatives have done in- House repeatedly, only just before Me- chart does not show it, and this is just credible deeds to assist. In financial morial Day when I, the gentleman from an unbelievable statistic, but 6 years trouble we have backed them and actu- Florida (Mr. MCCOLLUM), the gen- ago there was almost no coca, no base ally given them financial stability. In tleman from Ohio (Mr. GILLMOR), and for cocaine produced in Colombia, al- trade we have given them benefits as other leaders on the issue introduced a most none. In 6 years, again the policy far as assistance. NAFTA, we gave drug kingpin bill that will tie up the of this administration stopping aid, them almost an open commercial bor- assets of these drug dealers did we stopping resources, stopping equipment der. We have lost thousands of Amer- start to see any action. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3829 Do my colleagues know what the dent where one of our agents was bru- cent of the heroin comes from Colom- Mexican Government did? They extra- tally and savagely murdered back in bia, we know that it must transit again dited in the last week one U.S. na- the 1980s, so we want our DEA agents by land either through Panama, tional who was on our list, one U.S. na- to be able to protect themselves, and through the isthmus, and those Central tional, but to date, not one Mexican we want assurance of protection and, American countries, and/or through national. We have requested over 40 in some cases, to be able to carry arms. Mexico to get to the United States. major Mexican national drug dealers to We still have been denied that right by Now, what is the policy of this ad- be extradited. Instead, what they did the Mexicans to ensure the safety and ministration relating to stopping drugs with the Masquez brothers just a few security of our drug enforcement in Panama? This is an absolutely unbe- weeks ago, and before we introduced agents in that country. lievable scenario. What was started this bill, was to kick dirt in our face by That was another request that we under the Carter administration to judges in Mexico releasing the Masquez had. We asked that the drugs that are give away the Panama Canal and 10 bil- brothers, who are the kings of meth- coming in from Colombia that are pro- lion American dollars in assets, 5,500 amphetamine production and traf- duced there in South America and buildings is being sewed up into a neat ficking into the United States. transiting, the 60 percent of the drugs, package by the Clinton administration So until we got tough just before Me- hard drugs, coming into the United and given to the Panamanians, and at morial Day, they kicked sand in our States be stopped at the southern bor- the same time, we have made one sim- face, allowing the kingpins not to be der of Mexico; and that could be done ple request. Could we please continue extradited. Fortunately, some of the by installing radar and other devices at the drug surveillance flights from How- brothers are still held in prison there. the border. To date, zero, nothing has ard Air Force Base in Panama, which But we will not give up till these 40 been done to comply with our request; cover the entire South American re- Mexican nationals, whom we know are and that request of this House of Rep- gion, which cover the area that is pro- involved, who have been indicted in the resentatives is over 2 years old. Again, ducing the hard drugs that I have cited United States, on whom we have a re- the Mexicans have ignored a simple re- here? That was our question and re- quest for extradition pending, some for quest of cooperation. quest. 6, 7 years, are brought to justice. Finally, signing a maritime agree- Now how could a State Department So we asked for extradition, and ment: We know if it is not coming over bungle negotiations for a simple re- what did we get? Nothing to date. Zero, land, it is coming over water. The quest like that with the Panamanian zip, nada. We asked for the enforce- Mexicans still deny us a maritime Government? I do not know. But, Mr. ment of Mexican laws. Mexico passed agreement. They refused to sign a mar- Speaker, the administration’s State laws, their National Assembly, but itime agreement, to my knowledge, in Department managed to bungle the ne- they did not enforce the laws. They the Caribbean, in Central, South Amer- gotiations for having our forward drug have not enforced the laws. ica. Only one other country, Haiti, surveillance flights go out of Howard What did the Mexicans do to the which is still in total disruption, even Air Force Base. United States after we made this re- after we spent 3-plus billion taxpayer They did that in an incredibly bun- quest again, 2 years, this House of Rep- dollars to improve their legislative, ju- gling fashion, and we were basically resentatives, what did they do last dicial, and law enforcement system, kicked out May 1. Since May 1, there year? One, the most offensive thing they have not been able to have their has not been one drug surveillance that has ever taken place to our law parliament meet and sign a maritime flight over the drug-producing or drug- enforcement officials, what they did is agreement or confirm one. But the trafficking area of South America from disrupt Operation Casablanca Mexican Government still has refused Howard Air Force Base. The United Operation Casablanca was a U.S. Cus- to sign a maritime agreement with the States of America was kicked out of toms sting operation which was to United States. Panama. We closed Howard Air Force identify money laundered in the United So here we are again, you know, with Base. We had 15,000 drug surveillance States and through Mexican banks and the situation. After the introduction of flights last year from Howard Air Mexican banking officials; and our U.S. the bill that I described, major drug Force Base covering the whole region. Customs officers led that effort. I know kingpins bill, which will go after the When I took over as chair of the Sub- that we informed them of what was assets of these drug traffickers, we got committee on Criminal Justice, Drug going on. a little attention of the administra- Policy, and Human Resources in Janu- Do my colleagues know what they tion. The Secretary of State, Mrs. ary, we went down there to Panama. did? The only reason for informing Albright, was to go to Mexico. She was We met with folks. ‘‘Can you nego- them was limited, because we can trust diverted to Kosovo. tiate?’’ No, they did not think they so few of the Mexican officials; most of I believe they sent the Attorney Gen- could negotiate. them are corrupt from the policeman eral to Mexico over the weekend. We ‘‘If you cannot negotiate, can we on the beat all the way to the office of also, I believe, had our Drug Czar, who move our forward surveillance drug op- the president. I will talk about that in is doing the best job he can, General erations to other areas?’’ just a minute. McCaffrey, under very difficult cir- ‘‘Oh, yes, we will have it taken care But what they did was threaten to cumstances. Hopefully, in this high- of, Congressman MICA. Chairman MICA, arrest our Custom officials. We knew level working group with the Attorney it is going to be in place. It will all that hundreds of millions of dollars General, with other officers from Mex- work out.’’ was being serviced through these Mexi- ico, some additional progress will be I am here to tell my colleagues that can corrupt bankers. They had the au- made. it is June 1, and May 1 is when we were dacity and nerve to threaten our offi- But I can assure my colleagues in kicked out. The two other operating lo- cials. this Congress this House of Representa- cations that were chosen, one was in Only until just before President Clin- tives will not sit idle until they begin Mana, Ecuador, in Ecuador. The other ton went down to meet with President an honest effort for enforcement, inter- was in Curacao and Aruba, Nether- Zedillo did they back off of this threat, diction, cooperation on the agenda, lands, and Antilles. and only just before the question of items that are over 2 years old. So From Mana, today is June 8, not one certification by this administration some action hopefully was taken this flight has taken off for surveillance in came up did they back off of the threat weekend. We do not know; it is not the drug-producing areas or drug-traf- of going after our Customs officials. public yet. But we will continue to ficking areas from Ecuador. There is So we asked for enforcement of the pressure Mexico because it is the only an interim agreement in place. laws. What did they do? Again, we got source of so much of the illegal nar- Aruba and Curacao, we sent staff dirt and dust kicked into our faces, and cotics coming into the United States. down there this weekend to examine actually threatening our officials. We also know that in order to get what is going on. At best, we might be We had asked over 2 years ago for our from Peru and Bolivia and Colombia, at 30 percent capacity of surveillance DEA agents, and we have a small num- where 100 percent of the cocaine and flights. So we have a gaping hole in our ber in Mexico, and we did have an inci- coca is produced now and where 75 per- drug surveillance program, almost no H3830 CONGRESSIONAL RECORD — HOUSE June 8, 1999 flights taking off to cover that area ei- Democratically-controlled Congress our coastlines, both of Puerto Rico and ther where drugs are produced or where and by this White House. the United States, and we have brought drugs are trafficking. Let me mention, Mr. Speaker, what them in 2 years back. An incredible situation, incredibly just 2 years of effort in working with We know that tough enforcement bungled, as I said, by the State Depart- Peru and Bolivia have done. The co- works. In the next week I will be hold- ment. Now the Department of Defense caine production in those two coun- ing hearings on legalization of illegal is scrambling, only with an interim tries is cut in half. In half. There has narcotics and decriminalization. There agreement in Ecuador, and our staff re- been tough enforcement. We must sa- is a big wave across this country that ported to me on their return from Ec- lute President Hugo Banzer, President we must look at decriminalization, uador that that airfield may take $100 of Bolivia, for his courageous efforts. make it a health problem, and we million to $200 million to get it into We must help Bolivia, because Bolivia should not be tough on drugs and it working order. has committed in 2 years to eliminate will all work out. Now, is the United States of America that drug trafficking, and they have Mr. Speaker, it does not all work out. going to invest, with an interim agree- cut in 2 years by 50 percent. So this is Look at the statistics in New York ment that expires in September, any not a ‘‘pie in the sky’’ proposal. It is City. We can see since Mayor Rudy money, hard-earned taxpayer dollars, something we know we can do, and Giuliani has taken office what tough in a forward surveillance location and with very few bucks; with very few tax- enforcement has done. The murders, increasing and improving the infra- payer dollars in assisting them. which were at 2,000 when he took of- structure in that area when we have no So, additionally, President Fujimori fice, 2,000 murders in New York City a assurances of a permanent operating in Peru, with a tough enforcement, year, and most of them drug related, I base? with a tough shootdown policy, with a would venture to say without any ques- So they bungled it in Panama. They tough eradication and a productive al- tion, have been reduced by 70 percent. bungled it in Ecuador. Aruba is oper- ternative crop program is making Just over 600 murders. From 2,000 to ating at maybe 30 percent of capacity, great progress in that country. So we 600. and a gaping hole again in our drug know these programs will work. It is safe to walk in New York City surveillance program. This Republican administration, because Mayor Guiliani, through a again under the leadership of the cur- tough enforcement policy, has stopped b 2030 rent Speaker of the House, when he the violence, the crime, the drug traf- So that really is where we are to- chaired the subcommittee, has helped ficking and he has gone after these night in some of the war on drugs: Pan- us now get aid to Colombia. We are re- folks with a tough enforcement policy ama, a disaster. No forward operating versing a failed policy there. We will that works. bases. What that does, too, and what is stop the production of heroin and Now, Tom Constantine, who unfortu- sad about that is it denies countries poppy production in Colombia. We will nately is leaving as the head of our that have been cooperating, like Peru eliminate major drug traffickers. We DEA, and that is a very sad fact for and Bolivia, and now Colombia that is will give the Colombian National Po- this Congress and the American people, going to get additional equipment, it lice, that have done a courageous job, he produced this chart. This chart denies them the information they need losing 4,000 of their police officers in should be an eye opener for every Mem- to go after drugs at their source; it de- this battle, hundreds and hundreds of ber of Congress and for every Amer- nies them the information they need to public officials have died in this war, ican. This shows the heroin addiction go after traffickers. we will give them the arms and the as- population in a city that decided to Peru has had a very brave shootdown sistance and the aid, the resources to adopt a lackadaisical enforcement, a policy. They ask planes to identify eradicate, to enforce and to interdict tolerant policy. In 1950, the population themselves, and when they do not iden- drugs cost effectively. And those of Baltimore was over 900,000. In 1996, it tify themselves and they try to scram- Blackhawk helicopters are on their was 675,000. In 1950, they had 300 heroin ble away, they shoot them down. And way. That is something we have done. addicts in Baltimore. Listen to this. they have been provided intelligence And this Congress, this House and Three hundred heroin addicts. In 1996, and surveillance information by those the American people will see a reduc- through a liberalized policy, they had forward operations, again out of Pan- tion in the amount of heroin coming 38,985 heroin addicts in Baltimore. This ama, that have been closed down. into the United States. And also co- is what a liberalized policy gives us. Now, it is easy for me to get up here caine, which again they have turned in And on the other hand, look at New and to criticize this administration, 6 years, Colombia, into the major pro- York City; 2,000 murders down to 600 and I do not mean to do it in a partisan ducer of cocaine. Not just a processor murders through tough enforcement, manner. I mean to do it in a factual or a transiter but the major producer. tough prosecution. So we know this manner. And, hopefully, we will not re- In 6 years they have managed to do policy works. peat the mistakes of this administra- that. We will start eliminating that Now, we are going to have a full tion in this Congress or in the years through the policies of this new major- hearing and we are giving all sides the ahead, because we know we can stop ity in the Congress. opportunity to be heard in our hearings drugs at their source. We know we can We have restored the cuts in the next week about this process of de- interdict hard narcotics. We know if we Coast Guard and we are dramatically criminalization, about tough enforce- give information to other countries increasing the assistance that the mili- ment, about legalization. And I try, as and a little bit of assistance they can tary provides in getting them back chairman, to be fair, so we will hear help us in a cost-effective manner be- into the war on drugs. I know it was from everybody, but I believe that fore that ever gets into our streets, very nice for the Vice President to these statistics, these facts, are irref- into our communities, into our schools take the U–2s out of South and Central utable. and becomes a tough task for law en- America in the war on drugs and bring So this new majority on our side has forcement. them up to check on oil spills around started a program, and again I started But let me, as I conclude, just say Alaska. I know it was nice to divert to mention the things that we have again what the Republican Congress the money for eradication programs of done in replacing the military, the has done, what this new majority has drugs at the source country, which interdiction, the source country, get- done, and under the current Speaker- President Clinton did, and put it in ting the Coast Guard cuts restored, but ship. And again I must give full credit Haiti, which basically was more money we have also put in almost $200 million to the gentleman from Illinois (Mr. down the tubes; but, in fact, we do in the past year in education programs, HASTERT), who is now the Speaker of know that getting the military in- which is matched by the private sector. the House, who chaired this responsi- volved in interdiction close to the So it is almost a half billion dollars in bility and who I worked with in the source does work. education. And we are putting our last Congress, who brought together We know that the Coast Guard pro- money where our mouth is so our the source eradication programs that, tecting Puerto Rico and restoring their young people and all Americans know again, were destroyed by a previously assets does a great job in protecting the dangers of illegal narcotics. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3831 So we, again, I believe, are taking ing because they want to make sure we it is wrongheaded, but it keeps going the right steps. They took the right get close to the election and be able to on. Take, for example, what happened steps under the Reagan and Bush ad- say, well, we voted for a minimum in the vote on the supplemental budg- ministration. Education, enforcement, wage, or we allowed it on the floor and et, or the development of a long-await- interdiction, eradication at the source, let the Democrats vote for it, so we did ed supplemental budget, which in- and treatment are important, but it our job. cluded the President’s request for $6 cannot just be treatment. This cannot And, of course, there is a rumor also billion for the Kosovo war, a war which just be treating the wounded in a bat- that the minimum wage being proposed I think is very necessary, a war which tle. If we went to war and we did not by the majority is 25 cents a year for I think we could not afford to have not spend any money on armaments, any the next 4 years. An increase of 25 conducted or been a part of. I do not money on forward surveillance, any cents per year for the next 4 years think we could have walked away from money on eradication of the enemy, means in 4 years the American worker the genocide being committed by the any money on ammunition, we would would have a dollar increase instead of Yugoslavia regime and held up our not have a war on drugs, we would not the two-step increase being proposed heads. We have seen it happen too have a war. And if we only treat the by the Democrats. many times already in this century. victims in this war, it does not work. But there is no hurry. We have an un- What Hitler did was on a grander, We have seen it does not work. precedented prosperity in the Nation. more massive scale. They had gas So tonight, as I close, I ask for my We have a situation where the value of chambers and ovens and millions died, colleagues’ assistance to move to- the stock market in 10 years has grown but the numbers are not as important as the action and the kind of thing gether in a bipartisan cooperative ef- by $10 trillion. We had the assets and happening in Kosovo. Certainly if it fort. Mistakes were made in a bipar- the value of the stock market in 1989 at only means thousands dying, it is still tisan fashion, hopefully, we can make $3 trillion. Now it is $13 trillion. With significant and it is happening over and progress in a bipartisan fashion. It is a $10 trillion increase in the value of over again. We have seen it happen in the stock market, we can see that my hope that we can get every Member Cambodia, we have seen it happen in on both sides of the aisle not to repeat there is a great increase in the wealth Rwanda. It is about time that we did the mistakes of the past and to move and prosperity in America at certain something to send a message to the forward together. We know that these levels. Why not share that with the dictators and the sovereign predators policies will work. They are tried, they working families? Why not in the most that exist throughout the world that are proven, they are tested. basic way make certain that the somewhere the civilized nations of the It is my hope that we can do that be- wealth of the Nation in some small world are willing to take a stand cause I never want to talk to another way benefits the entire Nation? against this kind of murderous activity mother or another father or another A minimum wage is just one tiny against human beings. brother, another friend of a young per- part of that effort. Being willing to fi- We have done that in Kosovo. So we son in my district who has died of a nance or support more generous health needed our participation in that effort. drug overdose. I talked about the cost, care is another. The President is pro- The $6 billion was requested by the the people behind bars, and I talked posing soon a new benefit in Medicare, President. But instead of that bill mov- about what Congress is going to have should be in Medicaid also, a new ben- ing ahead with $6 billion plus the emer- to appropriate, but we cannot restore a efit which would cover prescription gency aid requested for South America, human being, a son or a daughter, to a drugs. In this time of great prosperity, for Central America as a result of the parent who has lost that child in the the least we could do is to make the floods and the extra aid that was need- war on drugs. miracles of science available at a ed for the weather disasters that took So it is my hope that I will not have cheaper cost to all the people who need place in the Midwest, we had a whole to make these speeches every week in them in terms of health care. Prescrip- lot of other things piled on top of it my next term in Congress; that I will tion drugs ought to be covered by and a $6 billion request became a $15 not have to come before the Speaker Medicare and Medicaid. billion request, a $15 billion request and the House and plead for their as- We talk a lot about Medicare and we most of which came out of the surplus. sistance in restarting the war on drugs. forget that Medicaid is designed to It was deemed emergency funding and Mr. Speaker, although I have a few serve the very poorest and they deserve the surplus which is around $100 bil- minutes left, I will yield back the bal- to have the same kind of increase. We lion, I think, about the same, a little ance of my time and pledge to be back should not have two tiers of health more maybe in the coming fiscal year, here again next week. care in America. Second class health it is going to be about the same f care is inadequate health care. There amount; the surplus was used for most should only be one class of health care. WORKING FAMILIES OF AMERICA of it. They could have used the surplus But we are refusing to deal with that BEING MISTREATED BY 106TH to cover it all, but to make a point the in a forthright manner on a timetable CONGRESS majority decided to offset $2 billion, that is meaningful because we just do take away from other programs $2 bil- The SPEAKER pro tempore (Mr. not seem to care. lion worth of money to cover part of FLETCHER). Under the Speaker’s an- b 2045 the spending. nounced policy of January 6, 1999, the Now, the emergency in Central gentleman from New York (Mr. OWENS) There is an indifference, an indiffer- America, the emergency in the Mid- is recognized for 60 minutes as the des- ence to the poor, an indifference to the west with the tornadoes and storms, et ignee of the minority leader. plight of the working families who are cetera, those were emergencies. They Mr. OWENS. Mr. Speaker, the work- not sharing the great boost in our clearly rank as emergencies. Why did ing families of this Nation are still wealth. That great jump from $3 tril- we have to make the point that they being trampled on by this 106th Con- lion in 1989 to $13 trillion in 1999 is not have to be offset? The point that I gress. They are being grossly mis- felt by a lot of people who are still out want to make is that in the process of treated in two basic ways: One is indif- there struggling to make it. So jobs, the offset, who did they go after? The ference and neglect on certain key health care, investment in education poorest people in America. The bulk of issues, and the other is active oppres- are all obvious kinds of actions that the cuts for the offset came from do- sion in certain ways. should be taken by the government. mestic accounts, including $1.25 billion Indifference and neglect is reflected This Congress, acting in concert with from the food stamp program, and $350 in the fact that we are not concerned the President, should make certain million from Section 8 low-income about a minimum wage increase. There that we take advantage of this boom in housing programs as well as $22.4 mil- is a rumor that the leadership of the prosperity to take care of some of our lion from the Labor Department con- majority party has decided that it will problems. tingency fund related to unemploy- agree to a minimum wage vote and But there exists in this Congress an ment insurance. that it will take place sometime later attitude which goes in the opposite di- They reached into the programs that rather than sooner, and they are delay- rection. It is stubborn, it is unyielding, serve the poorest people, programs that H3832 CONGRESSIONAL RECORD — HOUSE June 8, 1999 may benefit the working families on cation is needed more now than ever Labor, the Occupational Safety and the very lowest levels, and they took before. Health Administration under the De- out the money to offset and make the But working families who need to partment of Labor to do what they point that they want to make cuts in have free education in the public have been doing for years, establish a social programs. school system, free but first rate, it set of standards to relate to these There is a coming need, according to cannot be education in facilities that workplace injuries, workplace dangers. the budget that has been promulgated are falling down, it cannot be edu- So they have H.R. 987 which iron- by the majority, a coming need to cut cation in situations where kids are ically the Republican majority on the further, maybe $20 billion out of the afraid to go to school because of committee calls the Workplace Preser- domestic budget. Some of it could threats to their health and safety. It vation Act. It is an attempt to make come from defense if they wanted to, has to be the kind of education that ev- the workplace more dangerous by but it will probably come out of the do- erybody wants for their child here in blocking an effort to deal with a clear mestic budget; $20 billion will be cut this Congress. and present form of injuries that we and the preview of coming attractions I know large numbers of Members of have been discussing for the last 15 we have seen already. The way the sup- Congress send their children to private years. So H.R. 987 is one of those exam- plemental budget was handled tells you school. It is most unfortunate that ples of an attack on working families they are going to get it from the people they have given up on the public edu- through a reduction in the safety pro- who are the weakest, the people who cation system, but as public officials, visions in the workplace. There are have no power, working families, poor whatever choice they choose to make more than 6,000 people who die every families, poor people who are not even privately, it is disloyal and dangerous year in our workplace situation, and working, the elderly, those who need to have public officials give up on our then many, many others who are in- Medicaid as well as Medicare; they will education system. jured. This attack on the workers con- suffer as a result of the coming $20 bil- So when you consider what happened tinues by the Republican majority. They have another one, H.R. 1381. It lion cuts or more that may be pro- in our $15 billion supplemental appro- is an attempt to sabotage overtime posed. priation, you can see how trampling on Certainly they are not proposing in- working families is a problem. And payment rates by excluding bonus in- come. H.R. 1381 is ironically called Re- vesting any more money in education. there is going to be more trampling on warding Performance in Compensation Education, most of which would go working families. It is not just neglect. Act. But they have a way of reaching into our public school system, is the It is also active oppression to take the in to take out the income that is fig- place that you benefit working families money out of the programs that benefit ured in the bonus in order to reduce most. Working families’ children need the poor the most. It is even worse the rate of hourly pay so that that is an education. There is no way to sur- than that. The active attack, the op- not included when you pay a person vive, there is no way for them to take pression which is very aggressive, con- overtime. It is a little guerrilla trick, advantage of the prosperity that keeps tinues to go on in the Committee on it is almost something you would not growing and growing as a result of high Education and the Workforce. I serve see or not respond to if you were not technology. The jobs that are available as the ranking Democrat on the Sub- very alert. But it is an attempt to sab- are jobs that require education. You committee on Workforce Protections. otage overtime payment rates by ex- are not going to be in on it, it gets As the ranking Democrat on Workforce cluding bonus income. H.R. 1381, an- worse all the time, the demands are Protections, I will be the first to tell other attempt to reduce the benefits of greater and greater. you that the name of the committee working families. I was at a job training consortium in under this majority Republican admin- H.R. 1439 is another one. That at- New York City yesterday and they istration ought to be changed. It is not tempts to undermine the OSHA, Occu- were telling me about the fact that we workforce protection that they are pational Safety and Health Adminis- just need mechanics. In addition to the concerned about. It is workforce perse- tration’s enforcement by misusing the known need for information technology cution. It is workforce oppression. Be- self-audit process. We have a self-audit- people, 300,000 vacancies in information cause every bill that is introduced by ing process that we encourage. We technology, they need mechanics. They the majority on that committee is an want to make a partnership between could hire 30,000 mechanics in the met- attempt to make life more difficult for government and industry. But they ropolitan area if they could find them. working families. want to allow industries to audit them- Why do they not have mechanics who We have three coming up very soon selves and then not allow the result of would work on trucks and tractors and we have just passed recently in the the audit, which determines whether or some of the machinery that industry Subcommittee on Workforce Protec- not they have certain hazardous condi- needs? Why do they not have them? Be- tions, and now it is going to go to the tions in the workplace, in the plant, in cause the demands have gone up educa- full committee, and they are a continu- the garage, whatever unit of employ- tionally. There are computers and var- ation of what was started in the 104th ment this is. After they complete the ious devices being employed now in Congress and continued in the 105th audit, if they identify things that are trucks and cars and various vehicles Congress, and now it is done on a sort wrong, they are allowed to keep it se- that require a little more education of a guerrilla warfare basis. It is not cret and we are saying, ‘‘No, you have than a mechanic had to have 10 years talked about as much but it is still the to reveal what is there.’’ The self-audit ago or 5 years ago. same agenda. They are attempting to process would be misused if you made So we have a problem, a creeping take away rights that workers have your survey and audited yourself, iden- problem of people in basic areas, as won over the last 50 years. tified hazards, and then refused to cor- basic as mechanics, auto mechanics, There is a bill, H.R. 987. It is an at- rect them because, of course, it might that cannot survive because they do tempt to block the implementation of cost a great deal, but you keep them not have the personnel to do the job be- any ergonomic standards, standards secret, nobody else knows about it. Of cause the education system is failing which relate to the fact that there are course you would fire any employee to produce that pool of people which is jobs which require repetitive motions who also knows about it and then educated. A broad pool of people edu- that end up in injuries and debilitation would report it. So we have H.R. 1439 cated, you can reach in and pull out all of people’s muscular faculties; they which again, an ironical title, is de- kinds of people. The range of people cannot function. Carpal tunnel syn- scribed as the Safety and Health Audit with various kinds of skills and know- drome is one of them. Back injuries are Promotion and Whistleblower Improve- how would be great. You would get the a large part of it, people who have re- ment Act of 1999. The Safety and technicians, the mechanics, the theo- petitive kinds of activities that strain Health Audit Promotion and Whistle- reticians, the scientists, the geniuses. certain parts of their bodies. That is blower Improvement Act of 1999 is an That certain percentage of people the broad topic of ergonomics the ma- attempt to do just the opposite. It is would come out if you have a broad jority on the committee do not even going to make the workplace less safe. range of people in the pool because we want to have discussed. They do not We have another bill, an alternative are educating the masses. Mass edu- want to allow the Department of which we will offer at the final markup June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3833 of the full committee which is entitled It happens to be an agricultural appro- This agriculture research, as my col- ‘‘The Whistleblower Protection Act.’’ priations bill, and the agriculture ap- leagues know, the experimental sta- That is H.R. 1851 which I introduced as propriations bill, in the hassling back tion, the theoretical base in the univer- a countervailing force against the and forth for reasons that I do not sities, the county agents to take it out phony H.R. 1439. clearly understand, the majority to the farmers and show them how to But I give you examples of concrete knows what it is doing; but for reasons apply it, it is one of the great things bills, the business that is going on here that certainly are not noble and rea- we should be very proud of, dissemina- in this place. We are moving at a very sons that are not reasonable and were tion system for knowledge. As the slow pace. Things that ought to be not laid out and described to the Mem- knowledge was generated in the univer- done and ought to be on the agenda are bers of Congress in any respectful de- sities and the experimental stations, it not on the agenda. But the guerrilla tails, a huge across-the-board cut in was taken out to the farmers; the warfare against working families, agricultural research, something like farmers applied it, and you got a re- against workers in the workplace, the $100 million cut in agricultural re- sult. guerrilla warfare goes on. We ought to search. That is all based on agricultural re- come to grips with the fact that this is Now, agricultural research is at the search. It begins with the research. wrongheaded, stubborn, unyielding, heart of America’s great food produc- So we just walked onto the floor and at a time like this very dangerous tion system. As my colleagues know, today and found an amendment to wipe in America. We should be investing in agricultural research, the research, the out $100 million worth of agriculture our workers in every way instead of op- educational part of it, the egghead part research. Is that responsible legisla- of it, that draws great contempt obvi- pressing them and neglecting them. tion? Are working families going to ously from the majority party mem- benefit from a crippling of our agri- b 2100 bers. Instead of them dealing with sub- culture production system? There are In another area, education, which I sidies which may be wasteful or the always problems, as my colleagues talk about often, education reform is Farmers Home Loan Mortgage Pro- know, in terms of new kinds of bugs gram, and there are a lot of wasteful still rhetoric. We are talking, always and viruses and various kinds of things programs in agriculture just as there when we talk about education about that go on and on that can wipe out are in some other places in the govern- nickels and dimes and lots of words. gains that are made over the years if ment, but because they have constitu- Everybody has adopted some kind of they are not researched, if they do not encies and because the ol’ boys net- education platform, everybody is in keep up with them. favor of improving and reforming edu- work demands that they be protected, So even in the area of agriculture they are protected. But academia and cation, but nobody wants to spend sig- where we have such a sterling record of research, the people who are on the nificant amounts of dollars. Words in- performance, today we found the reck- cutting edge of improving agriculture stead of dollars is the order of the day less attitude towards the things that and responsible for the fact that Amer- with respect to education. Education matter most to ordinary Americans icans enjoyed the best food production reform is rhetoric, too much rhetoric take hold and in one fell swoop we system in the world, we get the best in the area of the majority; and in wiped out some basic parts of our agri- food at the lowest prices, and every- many cases, in the minority, too, there culture research system. thing happened by accident. is too much rhetoric and too little Then, as my colleagues know, I think There is a long history involving edu- commitment to real dollars for edu- that a lot of this preoccupation with cation and research starting with the cation. Morrill Act which created the land the reduction of programs that benefit School construction is one of the grant colleges. The model for land working families, that benefit people tests of whether or not we are only grant colleges was Thomas Jefferson, who are in greatest need in our Nation, concerned with rhetoric and only going and the University of Virginia was the a lot of this preoccupation and obses- to play word games with the voters. Or first State university. It was a very sion is based on the fact that eventu- are we really going to do something wise move by Thomas Jefferson who ally we are going to have a proposal on significant about education? made, of course, numerous wise moves the floor for a huge tax cut, a huge tax The voters have given us a mandate. and set certain standards for our entire cut for the people who are benefiting As my colleagues know, it is one of the country that we still should be very most from the prosperity that we have few times in history where we have the grateful for and set us on a course that generated already. focus groups and polls, everything has proven to be very positive. I said before that the stock market keeps repeating the message over and Jefferson was not in favor of a na- value has gone from $3 trillion in 1989 over again. The voters of America want tional university. He did not want one to $13 trillion in 1999. So do the rich the Congress of the United States, and big, huge university in Washington need a tax cut? Do they need some the President and the entire govern- similar to the Sorbonne, to the Oxford help? As my colleagues know, why are ment to significantly take steps to im- chain in London. He wanted each State we preoccupied with making the budg- prove education, to give Federal aid to to have its own university, and Vir- et safe for a tax cut? Why are we will- education in the process of trying to ginia, of course, was the first example, ing to cut food stamps and willing to improve education. and later the Morrill Act established cut low-income housing in order to Now, because the voters are saying land grants for every State. The Fed- make the budget safe for a tax cut? But that we will get plenty of rhetoric from eral land grant colleges were estab- that is what is coming. The Republican both sides, but there is contempt for lished, colleges and universities were tax cut crouches in the bush like a the whole public education process established; and going beyond just the wounded lion. It is there, it is not that is expressed in many ways. They establishment of land grant colleges, going to go away. express it in ways which relate to ne- they were given a mandate for prac- One of the problems we have is that glect and abandonment and indiffer- tical education, practical education the people who represent and care ence, but also it is sometimes ex- starting with an assumption that agri- about working families, the great ma- pressed in a very active way. As I said culture could be improved greatly if it jority of our Nation, of course, made up before, there are actions taken which benefited from science and education. of working families, those people do are aggressively against working fami- So applied science in the area of agri- not have a tax program for working lies and things that working families culture became the driving force that families. Working families have suf- need. Education and investment in edu- took our farmers, long before farmers fered the biggest tax increase of any cation by the government is one of the anywhere else in the world, into a group in the last 20 years, the payroll things that working families would whole new realm of production, greatly tax, Social Security and Medicare. benefit from greatly, and they need it. improving the yield of the land, greatly Those payroll taxes have jumped more We saw on the floor of the House increasing the kind of production that percentage-wise than any other taxes. today a vote which demonstrates great resulted in our having a tremendous They hit the people on the very bot- contempt for education, a great con- amount of surplus products, as we still tom. Nobody is proposing to relieve tempt for the whole research process. do in many areas. them. I have a few proposals that I H3834 CONGRESSIONAL RECORD — HOUSE June 8, 1999 would like to offer, and I will offer workplace, take their overtime, take Just like we have an insane argu- them in a few minutes. away safety provisions, et cetera, be- ment now that is being promulgated by As my colleagues know, my point is, cause there is no ethic which says we the Committee on Transportation, I you need a whole platform, I guess, for have a responsibility to these people. think in the Senate, in the other body, working families, and we do not have Let me just take the conversation in that need relates to the fact they say it. My friends in organized labor, as my a new direction. Because of the war in Los Angeles and New York are getting colleagues know, they have things that Kosovo, I think we ought to stop and too much transit money, too much they care about that they are always think, as my colleagues know, and it mass transit money. telling us about, and those are the certainly brings to mind it is one more Los Angeles and New York are the right kinds of things that working peo- situation where we are at war, there is places where you have most of the ple need; but it all comes in bits and no threat to the United States, and mass transit. New York has more than pieces. there are a lot of elements there that 30 percent of all the mass transit in the We need a whole platform which lays do not fit the description of the war country, of the riders, and yet we do out the need for working families being against Hitler. not get 30 percent of the funding. The given their fair share of the great As my colleagues know, World War II amount we get, however, has aroused American prosperity in many ways. was a war where there was a real the ire of certain people and they want The Republican tax cut should be an- threat to the whole Western world, and to cut down the amount New York gets swered by a proposal for a tax cut for it was just a matter of if we stood in or Los Angeles gets in transit money. working families as well. line, if we did nothing, our time would That is where the people are. Between now and Election Day in No- come. So between, as my colleagues Why do we have large amounts of vember 2000 we must lift up a meaning- know, Tojo and Hitler we had to act, casualties come out of the big cities in ful platform for working families. The and it was a war which definitely was a every war. World War I, World War II, showdown will come sometime in the war to save our own way of life. There the Korean conflict, the Vietnam con- fall of the year 2000. The pattern has may be doubts about other wars, but flict, where did most of the casualties been the same for the last, and it will we had the same rationale in the Ko- come from? The big states with the big probably be the same as it has been for rean war and in the Vietnam war, and cities. the last 4 years in the conflict between we always made the assumption that, New York has always led in casual- a Republican-controlled Congress, a you know, you had to do this, the dom- ties, even back to the Gettysburg bat- Democratically-controlled White ino theory of fighting the Communists; tle. The largest numbers of casualties House. if you do not stop them there, they will at Gettysburg were soldiers from New The really important measures are keep going. York State. They did not break it down going to come down to a negotiation I do not want to get into all of the by city, but I assure you most of them session at the White House between the various arguments, pro and con. Let us were poor immigrants out of the cities. majority in the Congress and the White just accept war as a fact of life. Let us But I will not go back to that. I am House, the President. The really big de- accept the fact also that the most any not interested in discussing the fact cisions are going to be made then. citizen can do for their country is place that valor and willingness to fight and What we do with this surplus is really their lives at risk in a war. I mean, I do all kinds of conditions are in motion to going to really be determined then. not know of anything greater that any generate casualties. But the fact is Whether we are going to allow working citizen can do for his Nation, whether that the casualties come out of the families to have a share of the wealth they are drafted and forced to go or places where people live, where the of America through programs that ben- whether they volunteer, that they are population is. That is where you are efit them will be determined then. in a situation where they are on the going to have the people to put their So we have a scenario. We have time, firing line, their lives are at risk, than lives at risk, the people who died, who but we have to start now visiting a they are offering this supreme price. paid the supreme price. They will be platform for working families which And of course, if they are injured and the people that come from the areas has all of these components; and you become casualties, they pay a great where the most people are. It is simple know we have to come to grips with price, and of course, if they are killed arithmetic. the fact that there is a mind-set in this in combat, they die. That is the su- New York in World War I, there were Nation maybe among powerful people preme price, as my colleagues know, to total casualties of 35,100 official casual- that they do not have to be concerned have to give your life. So I do not ties. Out of those there were 7,307 com- with the poor. The poor are poor be- think there will be any disagreement. bat deaths, those causalities, larger cause they did not make it, they are Let me just point out the fact that, than any other state. For some reason poor because they deserve to be poor. mind you, and I got these figures on California in World War I was very low. They are not wealthy, they are not casualties from the Pentagon, from the I think maybe because it was not as able to take care of themselves without Archives, which got them, of course, highly urbanized and the poor were not some help because that is the way it is, from Pentagon research, so they are as concentrated then as they are now. and that is the way it deserves to be, sound figures. Whatever the reason, New York. and why should the Nation care? Pennsylvania had 29,576 casualties, b As my colleagues know, we have 2115 5,996 deaths in World War I. By the whipped the welfare mothers to death, Who dies in the wars? Who dies? way, Pennsylvania has Philadelphia, and they are becoming a nonentity in There is a lot of contempt always di- Pittsburgh, the big cities. Illinois has the political discussion. They have rected at our big cities, our inner-cit- Chicago, Springfield, big cities: 15,000 been whipped so often and so much, ies, where the poor live mostly. One of casualties, 3,000 combat deaths. Ohio, until they almost just disappeared. the things that is coming out over and Cleveland and Cincinnati, big cities, They may be still aching out there, over again, and some Democrats are as 14,487 casualties, 3,073 deaths. Massa- there may be situations where we are guilty as Republicans, is they do not chusetts, with Boston and a couple causing more harm than good because want to do anything about the public other big cities, 11,455 total casualties, we are putting families in a bind, and school system, because if you had legis- 2,253 deaths. Michigan, with Detroit, the children are suffering, and those lation which appropriated large 9,000. New Jersey, a small highly ur- suffering children are going to create amounts of money for school construc- banized state, 8,776 casualties. There is great problems in the future for our tion and you did it on the basis of need, a pattern. health care system, our education sys- where the oldest schools are and the The pattern is the same in World War tem, our corrections system, prison needs are and they do not have librar- II. The casualties went up a great deal. system. As my colleagues know, we ies and laboratories, buildings are more New York, 89,656 total casualties, 27,659 may be generating a lot of problems. than 75 years old, if you did it on that deaths in combat from New York Right now, they are invisible. We basis, most of the money would go to State. Why? Because they were braver beat them to death, and now we are the big cities. They have the greatest than anybody else? Maybe. I do not going after working families in the need in that area. know. The important thing is that is June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3835 because that is where the people are. has over the last 20 to 25 years essen- We need a tax plan which addresses Larger numbers came from New York, tially been anti-urban, anti the popu- itself to the needs of working families. because that is where the people are, lation centers of the Nation, anti-poli- Not only are we in a situation where first of all, and probably that is where cies that would benefit the great the only targets for cuts, for taking the poorest people are who were draft- masses. So we have a reversion kind of away benefits that have existed for ed in larger numbers, and they went off thing going here in our great democ- years, are programs that benefit work- and fought and died for their country. racy, and our great democracy, one- ing families and poor families, the poor Why do we treat that class of people man, one-vote, is being diluted and dis- who do not work, the elderly, the dis- with great contempt now? Pennsyl- torted in a way which results in poli- abled, a lot of people who are not work- vania, 81,000 casualties, 24,000 died in cies and power which hurts the great ing who benefit from these programs, combat. Illinois, where Chicago is lo- majority. The places where the people we are not only targeting the cuts for cated, 54,000 casualties, 17,000 died in live are getting the worst attention or them, we are targeting the benefits of combat. Ohio, 49,000 casualties, 15,000 the least attention in terms of their government policy to the rich. died in combat. They came out of the needs. We have got tax proposals that are big cities where the people lived. Cali- Education is a clear area of great going to be brought out and put on the fornia in World War II, more urbanized, need. In Kosovo we have had zero cas- table between now and the end of this 47,000 total casualties, 17,000 died in ualties, so far have zero casualties, but appropriations process, and, of course, combat. if ground troops had been needed they they will be pursued again next year in Korea, New York had 8,780 casualties, would have come from the same places the final showdown that takes place in 2,249 combat deaths. Pennsylvania, that they always come from, in large this Congress, this two year span. again, second, Illinois, third, Ohio, quantities they would come out of the There are going to be tax cuts on the same pattern. big cities. table and a bargaining process, and we Vietnam, the same pattern: New Go and look at the Vietnam Wall. I are probably going to end up with some York, Pennsylvania, Illinois, Massa- love the Vietnam Wall as a monument kind of tax cut. chusetts, Ohio, Michigan, California. because it broke the pattern. No more All those people who are benefiting Simple arithmetic. ever will we have tombs of unknown from the great increase in wealth, the The point is, the people who die, who soldiers. Tombs of unknown soldiers jump from $3 trillion to $13 trillion, a pay the supreme price for their coun- mask the great tragedy of war. The large amount of that is what you call try, come out of the big states and the fact that the Vietnam memorial lists unearned income. Unearned income is a the names one by one, they are all big cities. Therefore, we have every term I did not invent, but it is all the written there, they are all honored for right to treat them with great respect. money you make that does not come what they have done in terms of paying We should honor the dead from these from wages directly. the supreme price for their country, areas by making certain that the living Wage earners provide the principal they stand out as individuals. I have always are given the fullest possible support for the Federal Government. seen many people cry at that wall be- benefits the government can offer. Almost two-thirds of Federal revenue cause it comes home personally. That Why are we abandoning the big city comes from income and Social Secu- is the way war ought to be depicted. It school systems when so many ances- rity taxes that are paid by workers, is a very personal kind of set of trage- tors of the present children in those people who earn wages. They are the dies. ones that provide the taxes. It is taxes systems paid such a high price to cre- ‘‘Saving Private Ryan’’, Spielberg’s ate and maintain the America that we on earned income. great movie, starts out and is based on By contrast, income taxes on un- have now? Think about it. Think about the premise that a whole family has earned income, stocks and bonds and it. contributed a certain number of sons that kind of thing, produce only about The people who died, who paid the and the last son ought to be saved. I 12 percent of the total Federal revenue. highest price to keep our Nation going, think that in the beginning of the I propose, and I think that the working deserve to be respected at all times, movie when they drive out to the house families platform that ought to be not the present attitude, the wrong- to meet the mother, it is a very poor adopted by working families and orga- headedness, the unyielding stubborn- family, relatively speaking, a poor nizations that are supposed to rep- ness toward poor people and working family that has given those sons. That resent them, I propose a massive shift families that has taken hold among de- is a pattern of World War I, of World in the burden of the taxes from the cisionmakers, not among the voters. War II. Why do we have contempt in The voters say we want education to earned income of working people to the our policies for the people that we ex- unearned income of those who are get- be the number one priority of the gov- pect to die for America? ernment. The decisionmakers in Wash- ting the greatest increases in wealth. Madam Speaker, I will submit a lit- Ten years ago, the early 1989, as I ington say all right, we will play games tle summary that I made called Big said, the value of all U.S. stocks was with you and pretend it is number one, State, Big City Casualties, which lists about $3 trillion. Now it is about $13 but if you look at the appropriations some of the things that I have just said trillion, a $10 trillion increase. That is process, we are not appropriating that about where the casualties are, in the opportunity. You can get new rev- kind of money for education. which states, and the statistics are by enue from that increase and the people We had a bill last year which author- state, and also indicates the cities lo- who are continuing to earn without ized $218 billion for highways and cated in those states. any pain being caused. transportation, $218 billion. There was I have, of course, a bigger record that The great political position that we money for mass transit in there. That is more complicated. It lists all the need a tax cut is not related to pain is part of what is being appropriated states. In the case of the war in Viet- and the reduction of pain; it is related this year. They are having a big debate nam they even list the casualties by to a wrong-headed, unyielding, stub- about taking away some of the mass race. You find that the black casualties born policy which defines ‘‘them’’ and transit funds from New York where the there are greater than the proportion ‘‘us’’ and disregards the fact that there riders live. Where the people are, for of blacks in the population. In Vietnam is a place, there ought to be a place, for some reason, our hearts and our appro- certainly, when they kept statistics by working families to share the great priations do not go. race, some of the same people were wealth of America. There is some flaw maybe in our treated with great contempt as we I introduced on March 11 of this year whole system. The grand compromise abandon our school systems and aban- H.R. 1090, which I call the Social Secu- that our forefathers made when they don our safety net, health care serv- rity Protection and Tax Relief Act of established the Nation, that they had ices, welfare. Those same people paid 1999. It cuts the Social Security tax to make because the states existed be- the supreme price for our country in rate from 7.65 percent to 6.4 percent. fore the Nation, the grand compromise large numbers. Let us stop and think of giving two representatives to every about the pattern of exploitation, neg- b 2130 state created a powerful body which ative, abandonment of working fami- This will give a tax cut of $15 for represents a minority, and that body lies in America. every $10,000 of earned income to all H3836 CONGRESSIONAL RECORD — HOUSE June 8, 1999 working families and to the rich as percent per year, and it is based on an ons. The Air Force needs the same kind well as the poor, if the rich are work- estimated useful life of 39 years, et of people. The Army needs the same ing and earning wages, and whether or cetera, et cetera, some other details kind of people. not they pay income tax, of course, that I think we need not go into. Even in the military, we need the they will benefit through the various The estimate is that this tax pro- best security effort that we can launch, devices in place in the Tax Code. gram that I offer will be either rev- which would be a better educated popu- So cuts of the social security tax, enue-neutral or a revenue-plus. Total lation through a revamped public edu- payroll taxes, where the biggest in- Federal revenue, income and social se- cation system, everywhere we go, eco- creases have taken place over the last curity taxes, will be reduced by be- nomics, foreign policy, globalization, 20 years, and where the people on the tween $190 to $200 billion per year and military, and even social security. bottom are taxed at the same rate as increased by the same amount or more, If we are worried about social secu- the people on the top, those cuts would $200 to $250 billion a year by the mech- rity, what is the great worry about so- be a great benefit for working families. anisms in these bills. cial security? The number of people My H.R. 1099 imposes a new 12 per- I am also convinced that the great who are going to be on social security cent social security tax on all taxable social security problem we all talk as we progress into the 21st century, unearned income to offset what you about, and we have good reason to the ratio of people who are earning or would lose from reducing the taxes on worry about, the great social security drawing money from social security people at the lowest levels. We propose problem could be dealt with if we were will be far greater than the number of social security taxes on all taxable un- to place a social security tax on all un- people who are in the work force pay- earned income. earned income. In addition to the tax ing into social security. That is a sim- I also on April 12 introduced another on earned income, let us put it on all ple understanding that is correct. We bill, H.R. 1390, the Income Tax Fairness unearned income. That is the area of are going to have fewer people paying Act of 1999. That cuts all income tax greatest growth. That is the area into social security than are getting brackets by 3 percentage points, all in- where the ratio of people in the work- benefits from social security. Then we come tax brackets, from the highest to place does not determine what goes have a situation where if we do not find the lowest. The present rates in the 5 into the social security coffers. new sources of revenue, it is going to brackets are 15 percent, 28 percent, 31 Let us have a social security tax on run out of money. percent, 36 percent, and 39.6 percent. unearned income for the first time, and I have just indicated part of the solu- The new rates would be 12 percent, 25 that will save the social security sys- tion may be to look for other revenue percent, 28 percent, 33 percent, and 36.6 tem for at least two generations, and I sources for social security. But even if percent. suspect will go even beyond that and we stay with the primary revenue I am not on the Committee on Ways solve the problem once and for all. source of wage-earners paying into the and Means, and I know most people In other words, I think working fami- social security fund, if we have an edu- would consider it inappropriate that I lies deserve a platform, a program of cation system which guarantees that should be here talking about taxes and their own. I hope the candidates, cer- the jobs that are created in this Nation changes in the tax policy. The Committee on Ways and Means tainly the candidates in the Demo- will be there and the people who are in is an exclusive committee. For the ben- cratic Party for president, will break the Nation can qualify for them and efit of people who are not close to out of the mold, will break out of the earn wages and pay into the social se- Washington, we have a caste system in conventional wisdom, and move for- curity system, we are helping social se- the Congress. There are exclusive com- ward and talk in more direct and af- curity. mittees and there are other commit- firmative terms about programs which So education helps to keep us strong tees for the peasants. I am not on an benefit the great masses in America. militarily, it helps to keep us strong exclusive committee. The Committee Finally, I want to conclude on the economically. Education is the best in- on Appropriations is exclusive, the program that I think benefits the most vestment we can make in social secu- Committee on Ways and Means is ex- people, and all of us, but certainly rity. clusive, the Committee on Commerce working families in dire need of the The problem now is that because al- and the Committee on Energy are ex- public education system that is able to ready we have not been able to fill clusive. deliver the kind of education that is many of the jobs in the high-tech in- Some of the wrongheadedness and needed as we go into the new millen- dustries, corporations are contracting anti-democratic attitudes that are gen- nium. out to other nations. Bangalore, India, erated come out of the structure itself. As we go into the 21st century, we is called the computer capital of the It is all wrong to say that education is need the best schools in the world. We world because in Bangalore, India, they a lesser committee. The Committee on are not going to be able to maintain have numerous contractors from this Education and the Work Force is not our lead economically if we do not have Nation who are contracting with firms an exclusive committee. However, what the best educated populace in the in Bangalore to provide computing is more important to the Nation at this world. We are not going to be able to services. And because of our high-tech point than the education system which maintain our strong military if we communications facilities, we can do brought us to where we are and will don’t have the best educated populace that kind of thing. take us into the future? in the world. In addition to large numbers of cor- At any rate, I am not on the Com- Already we have great shortages in porations contracting to firms located mittee on Ways and Means, but I think the Navy. I understand the last great in Bangalore, and the people in Ban- every Member of Congress has a right super aircraft carrier that was galore, of course, pay their social secu- to speak out and offer the best wisdom launched was short of personnel by 300 rity into the Indian system, not the that they can offer to stimulate the people. They could not find 300 people American system, we have also large discussion. Hopefully we will develop a to staff it. There are other shortages numbers who come to this country as platform which all the people who con- throughout the Navy and other serv- foreign workers and improve their sider themselves advocates for the av- ices, shortages of appropriate per- skills because they are hired in the erage American, the average taxpayer sonnel. jobs that cannot be filled by our cor- out there, the working families, will Are there shortages of bodies in a Na- porations. They go back and make the also get involved in the debate. tion with more than 250 million resi- computer and other high-tech indus- Steve Forbes and the various other dents? There is never a shortage of bod- tries of their Nation even more effi- conservatives should not be the only ies. They are talking about a shortage cient and effective as competitors. So ones who are concerned about tax re- of people who have the capacity and wherever we look, we find the need for form. There ought to be a tax reform the prerequisite training to be able to greater investment in education. program that comes from working fam- deal with a high-tech military. The There are many ways we can invest ilies and their advocates. Navy needs people who have some kind in education. We have talked about a H.R. 1390 cuts deductible depreciation of education which prepares them to lot of them. I do not think that I would on nonresidential buildings from 2.6 learn how to operate high-tech weap- rank reducing the classroom size over June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3837 construction or construction over re- BIG STATE, BIG CITY CASUALTIES—Continued form by the leadership in both parties ducing the size of the elementary class- in this body on potential security harm Total cas- Combat es, but I would like to say that a school State ualties deaths Three big cities done to our country by our policies rel- construction initiative which is mean- ative to China and other nations that World War II ingful would send a message to the New York ...... 89,656 27,659 New York, Buffalo, Albany might benefit from technology devel- whole Nation and the whole public edu- Pennsylvania 81,917 24,302 Philadelphia, Pittsburgh, oped here in America. Harrisburg We worked tirelessly behind closed cation system. Illinois ...... 54,686 17,338 Chicago, Springfield, Peoria If we believe in a religion, then the Ohio ...... 49,989 15,636 Cleveland, Cincinnati, Day- doors, cooperating fully with the FBI ton and the CIA, and with the full support first visible commitment of that reli- Massachusetts 31,910 9,991 Boston, Amherst, Burlington gion is manifested in the kind of New Jersey ..... 31,544 9,742 Newark, Jersey City, Hoboken of George Tenet, who heads the CIA, in California ...... 47,073 17,048 San Francisco, Oakland, Los trying to determine whether or not church they build or temple they have Angeles or synagogue they have. The physical Korean Conflict there were damages done to our na- New York ...... 8,780 2,249 New York, Buffalo, Albany tional security, and if so, what was the facility is not at the heart of what the Pennsylvania 8,251 2,327 Philadelphia, Pittsburgh, religion is all about, but the physical Harrisburg extent of that damage. Illinois ...... 6,435 1,744 Chicago, Springfield, Peoria We deliberately made a decision facility is a visible manifestation of a Ohio ...... 6,614 1,777 Cleveland, Cincinnati, Day- commitment. ton when we began the process last sum- If we abandon the public schools of Michigan ...... 5,181 1,447 Detroit, Ann Arbor, Lansing mer that we would not go into the spe- Vietnam this Nation, and we have a situation New York ...... N/A 4,108 New York, Buffalo, Albany cifics of campaign finance activity or similar to the one we have now, where Pennsylvania N/A 3,133 Philadelphia, Pittsburgh, what other motives would have driven Harrisburg we are spending only 23 cents per child Illinois ...... N/A 2,926 Chicago, Springfield, Peoria policymakers to lower the thresholds on physical infrastructure in the ele- Ohio ...... N/A 3,082 Cleveland, Cincinnati, Day- for exports, or perhaps the reasons why ton mentary and secondary schools, the Massachusetts N/A 1,317 Boston, Amherst, Burlington influence would be allowed by Chinese Federal commitment, the Federal por- Michigan ...... N/A 2,641 Detroit, Ann Arbor, Lansing nationals and others, both at the White California ...... N/A 5,563 San Francisco, Oakland, Los House and to other Federal agencies, to tion of the commitment to the physical Angeles infrastructure right now is about 23 allow those key players to gain access cents per child. We have 53 million f to the key decisionmakers that would benefit them in acquiring technology. children in school. When we look at the REPORT ON RESOLUTION PRO- amount of money the Federal Govern- VIDING FOR CONSIDERATION OF b 2145 ment is spending, it is about 23 cents H.R. 1401, NATIONAL DEFENSE The nine Members that were a part of per child. AUTHORIZATION ACT FOR FIS- the Cox committee represent a broad I propose a bill, H.R. 1820, which I CAL YEAR 2000 basis of views in this Congress, four have already introduced and am seek- Democrats and five Republicans, very ing cosponsors, where we would spend Mrs. MYRICK (during the Special Order of Mr. WELDON of Pennsylvania), serious Members; and our goal was and $417 per year per child instead of 23 the result was a totally nonpartisan ef- cents per year per child. For $417 per from the Committee on Rules, sub- mitted a privileged report (Rept. No. fort. year per child, we could deal with the We looked at every aspect of tech- crumbling, dilapidated schools, schools 106–175) on the resolution (H. Res. 200) providing for consideration of the bill nology that may in fact pose problems that endanger the health of youngsters for us down the road: whether or not (H.R. 1401) to authorize appropriations because they have coal-burning fur- that technology had in fact been trans- for fiscal years 2000 and 2001 for mili- naces, lead pipes, some have serious ferred; if so, to what extent, how it was tary activities of the Department of problems in terms of the roof. No mat- transferred, and what the implications Defense, to prescribe military per- ter how many times you repair it, the were for our long-term security. water seeps into the walls at the top sonnel strengths for fiscal years 2000 The almost 1,000-page document that and it keeps coming down. Lead paint, and 2001, and for other purposes, which we completed is, I think, very detailed lead is in the paint. There are all kinds was referred to the House Calendar and and certainly would be required read- of dangers. ordered to be printed. ing for any American. The problem is, Many buildings are just so old. We f most American citizens, like most have a lot of buildings in New York INFORMATION RELATIVE TO THE Members of Congress, do not have the City that are 75 years or older, many COX REPORT time to sift through almost 1,000 pages that are 50 years old. This is not unique of detailed explanations and stories to New York City. All of the big cities The SPEAKER pro tempore (Mrs. relative to various technologies that have the same problem. Many rural BIGGERT). Under the Speaker’s an- had been transferred out of the U.S. areas, of course, have even worse prob- nounced policy of January 6, 1999, the over the past several decades. lems. They never had sound buildings. gentleman from Pennsylvania (Mr. Therefore, because much of this is We need a construction effort. WELDON) is recognized for 60 minutes. contained within the thousand-or-so- I conclude by saying that investment Mr. WELDON of Pennsylvania. page report, even though 30 percent of in the public education system is one Madam Speaker, I rise tonight to con- that remained classified because the of many of the steps we need to take to tinue to provide for our colleagues in administration would not declassify end the oppression of working families the House and for the constituents that the entire document, the media, to a and provide benefits, and have them they represent across the country in- large extent, have chosen not to focus share in the wealth, instead of being formation relative to the Cox report on the substance of what is in the Cox objects of our contempt. and the way this report is being spun committee report. Madam Speaker, I include for the by this administration. Unfortunately, the bulk of the Amer- RECORD the following information on Madam Speaker, I had wanted to go ican media, and I say the bulk because World War II: into much of the information I am there are a few exceptions, people like going to share tonight in more detail Jeff Girth with the New York Times, BIG STATE, BIG CITY CASUALTIES yesterday, but because I had to leave who has been doing tireless work in after 30 minutes, I could not go into de- this area before our report was even Total cas- Combat State ualties deaths Three big cities tail last evening. I will do so tonight. issued; people like Carl Cameron at Madam Speaker, I want to start off Fox News, who continues to do exten- World War I New York ...... 35,100 7,307 New York, Buffalo, Albany this evening, as I did last night, by say- sive work in this area; people like 60 Pennsylvania 29,576 5,996 Philadelphia, Pittsburgh, ing it is not my normal course to spend Minutes, who are right now doing re- Harrisburg Illinois ...... 15,984 3,016 Chicago, Springfield, Peoria every evening over a given period of search in these areas, and other net- Ohio ...... 14,487 3,073 Cleveland, Cincinnati, Day- time on the floor of this House dis- work affiliates, they are the exception. ton Massachusetts 11,455 2,153 Boston, Amherst, Burlington cussing the same issue. But like eight The bulk of the mainstream media Michigan ...... 9,702 2,213 Detroit, Ann Arbor, Lansing of my colleagues, I spent almost the have chosen to accept the spin that has New Jersey ..... 8,766 1,761 Newark, Jersey City, Hoboken California ...... 6,153 1,352 San Francisco, Oakland, Los last year of my life focusing on the in- been given by this White House to the Angeles vestigation that we were asked to per- work that we did. H3838 CONGRESSIONAL RECORD — HOUSE June 8, 1999 What I am trying to do, Madam actions that rebut what Secretary So under Secretary Hazel O’Leary, Speaker, is to present information to Richardson has been saying around the this administration ended the practice our colleagues, which they could, in country as the point person for this ad- of visually being able to identify what turn, provide to their constituents, of a ministration as he has tried to spin the people at our labs could or could not factual basis that compliments the Cox committee report as though it is have access to key areas. Now, obvi- work that was done by the Cox com- only concerned with lab security. ously that made it much easier for un- mittee. Now, Madam Speaker, our colleagues authorized people to go into areas Now, the public at large can receive know full well, because they have read where they did not have appropriate copies of the Cox committee report. It the text of Mr. Richardson’s speeches, clearance. is available on the newsstand, or they that his focus has been something Now, if this policy were so acceptable can get it on the Web site that has along the lines of this: This adminis- and defensive, my question is, why did been established by the Cox committee tration was the administration who un- this administration 2 weeks ago rein- itself. Many libraries now have copies covered the Chinese espionage in 1995 state the policy as it existed under of the Cox committee three-volume se- that happened in previous administra- President Reagan, President Bush, and ries. tions that were run by Republicans, even President Carter and before that? Last evening, I mentioned the fact and we took aggressive action in this If this policy change, which Secretary that I have now established a Web site administration to correct those prob- O’Leary made on behalf of Bill Clinton on the Cox report that goes beyond the lems. in 1993 and 1994, was so critically im- information that is covered in the Cox Secretary Richardson would have the portant and logical, why 2 weeks ago report and provides the visual expla- American people believe and would did they go back to the policy as it was nation of the overview of the problem have our colleagues believe that this under Republican Presidents? that we dealt with in the Cox com- administration had no responsibility Was perhaps there some new revela- mittee. whatsoever in technology being trans- tion that this relaxation that occurred So our colleagues, Madam Speaker, ferred to China and that the only thing by the Clinton administration in 1993 and all of their constituents can now they did was that they uncovered the and 1994 led to security problems in our turn to the Internet where they can ac- fact that, in 1995, they learned that laboratories? Bill Richardson has yet cess the material I am going to show China had stolen the designs for our to answer that question. this evening, and they can download warhead capabilities, the W–88 and the Second point, Madam Speaker, we the actual charts that I am going to W–87, that occurred in previous admin- have not heard Bill Richardson talk provide. In addition, smaller versions istrations. That has been the extent of about the fact that it was under Sec- of these larger charts have been made Secretary Richardson’s comments. retary Hazel O’Leary, acting on behalf available to every Member of this He has also gone on to say, now, of President Clinton, that FBI back- body. All they have to do is contact my look, we have taken steps to correct all ground checks of people who worked at office, send a staffer over; and be they of this, and today we have corrected our labs and visited our labs were put Republican or Democrat, they can get the bulk of the problems. on hold. the charts and all the related informa- Well, I am here to rebut that, Madam Now, why do we have FBI back- tion that goes with the charts so they Speaker. I would like to do it in a ground checks? They were there to dis- can share this information in a factual forum where I could stand directly courage people who should not have ac- way with their constituents. across from Secretary Richardson, or cess to our country’s secrets to get into The Web site where our colleagues even the President, and have a chance places where those secrets were kept. and the American people across this to go at it verbally and exchange infor- That was not done prior to 1993, Madam country can access this information is mation, but it looks like that is not Speaker. That was done by this admin- www.house.gov/curtweldon. Any Amer- going to be possible. istration as a major change in policy ican represented by any one of our col- The national media outlets will put that opened the floodgates for people leagues can access this information Secretary Richardson on the Sunday to go to our labs, who in previous years through that Web site. morning talk shows to give the White would not have been allowed access to In fact, last evening, we had a num- House spin, but they have yet to give those facilities. ber of contacts from throughout the full consideration to the factual rebut- Bill Richardson has not dealt with country from people who want to get tal to what Secretary Richardson has that issue, because as he said, this ad- additional factual information in an been saying. So I am going to attempt ministration only inherited problems investigational form, in a condensed to do that here again on the public and did everything to correct them. form about what actually the Cox re- record tonight. Third point. There was an incident port focused on. First of all, we must remind the involving a retired employee from As I have said in a series of speeches American people that contrary to what Lawrence Livermore Laboratory in the that I have been giving both here and Secretary Richardson has been saying, 1993 to 1995 time frame, where that em- around the country, Madam Speaker, it was this administration, under the ployee, former employee, was accused the focus of the Cox committee was not leadership of then-Energy Secretary by the Department of Energy of having just on our laboratories. Now, if my Hazel O’Leary in 1993 that ended the released sensitive classified informa- colleagues listen to Bill Richardson, policy of color coding laboratory secu- tion to unauthorized people. The De- the Secretary of Energy and the point rity credentials at our laboratories. My partment of Energy investigated that person that has been asked by the ad- understanding is that she thought hav- employee. The Oakland office of the ministration to provide the spin for the ing color coded badges was to some ex- Department of Energy saw fit, based on Cox committee report, my colleagues tent discriminatory and they were not the factual evidence to remove that would think that our report only fo- necessary. So under her administra- former employee’s classified status so cused on our laboratories, Los Alamos, tion, acting on behalf of Bill Clinton, that he no longer, as a retiree, had ac- Sandia, and Lawrence Livermore in we did away with that process in 1993. cess to classified information. particular. Nothing could be further Now what did that mean? That The employee appealed that decision from the truth, Madam Speaker. meant, Madam Speaker, that all of to the Secretary of Energy’s office. While it is true, the laboratory secu- those employees at our labs that we Hazel O’Leary herself overturned the rity was one part of what we looked at, used to be able to tell by the color of decision of the Oakland Department of it is only one small part of the bigger the identifying ID system that they Energy office and allowed that retiree picture of the way that we loosened the had on them no longer could be done, to retain his classified status. When controls over our technology for the or no longer could be checked, because that occurred, Madam Speaker, em- past 7 years. we did away with that color coding, ployees all across DOE involved in sen- The American people need to under- making it much more difficult to de- sitive security areas got the feeling stand that this effort was well beyond termine where employees could or that this administration felt that giv- our laboratories. But as I did last could not work or be in a particular ing away classified secrets was no big night, I want to highlight four specific classified laboratory setting. deal. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3839 We lowered the threshold for the se- Here is the color version of what the of Safeguards and Security. In this capacity, curity clearance process. We stopped Department of Energy released to U.S. I have been responsible for the development the FBI background checks. Then we News and World Report. This design and promulgation of policy that governs the even had an employee who was accused shows in some detail the way our most protection of the national security assets en- trusted to the department, to include those by the Department of Energy itself, capable nuclear warhead works. It assets that are part of the nation’s nuclear and found guilty of giving classified in- shows and explains the process, it weapons program. I am also responsible for formation. The Secretary herself over- shows and locates the technology, the providing training and specialized technical turned the Department of Energy deci- fuel, the process, the activity, the advice and assistance to DOE field sites sion to take away his security clear- physics of the way America’s most ca- when requested. My office is also charged ance. pable warhead would work. This was with conducting special inquiries into inci- Now, those people that I have talked not secretly stolen by the Chinese, that dents of security concern to include, but not to in the Department of Energy who this administration maintains they limited to, those incidents involving the un- authorized disclosure of classified informa- worked under Hazel O’Leary, way more found in 1995. This diagram was given than one or two people, have said that tion. to U.S. News and World Report by this As you may know the Department of En- under her leadership, there were whole- administration in 1995, and reproduced ergy has placed me on Administrative Leave sale actions to declassify massive in U.S. News and World Report. since April 19, 1999. DOE officials allege that amounts of information, in some cases As I said last evening, Madam Speak- I committed a security infraction by claim- boxes and cartons of records that no er, I have been told, and I am tracking ing that I disclosed classified information one had gone through, simply declas- this down right now, that there was an during a conversation with a whistleblower sified, made available for people to internal investigation within the De- from the Rocky Flats site. Based on the De- read in a spirit that I guess was consid- partment of Energy to find out who partment’s own classification procedures and guidelines (CG–SS–3, Chap 10, Dispersal of ered openness, even though these were, leaked this diagram, this sensitive dia- in many cases, the most important Radioactive Material), I firmly believe that gram to U.S. News and World Report. these allegations are completely unfounded. technical secrets that this country Because I have been told, Madam I have been an authorized classifier in the had. Speaker, that that individual and DOE and it’s predecessor organizations for Let me give my colleagues one par- group were told to stop the investiga- over 25 years and helped develop the first ticular example, Madam Speaker. Sec- tion. Why? Because the assumption classification guide in this area in 1975. Fur- retary Richardson has gone around the was that this diagram came from Hazel ther DOE also failed to follow its own proce- country, and he has made the case that O’Leary’s office herself. dures in investigating these issues before placing me on Administrative Leave. I be- when this administration found the Why are we not hearing Secretary evidence in 1995 that China had stolen lieve this action to be an obvious act of re- Richardson talk about this, Madam taliation against the individual and the of- or received the design for our most ca- Speaker? Why is he not talking about pable nuclear warheads, the W–88 and fice that has tried to bring an increasingly in 1995, in July, when this diagram for distressing message of lax security at the the W–87, that this administration im- the W–87 was reproduced and sold on DOE Laboratories forward since 1995. mediately corrected those problems so newsstands all over the world to any- Prior to joining the Office of Safeguards they would never occur again. Even one who would pay the price? This was and Security I held several high level posi- though Janet Reno cannot properly ex- not some secret espionage capability of tions within the department’s safeguards and plain why the Justice Department security program areas. From 1988–1989 I the Chinese. This was the Department turned down requests for four wiretaps, served as Director, Office of Security Eval- of Energy, following Hazel O’Leary’s for efforts by one of our employees at uations. In 1978 I joined the DOE at the Chi- desire to open up to the people of the one of our labs that we thought was a cago Operations Office and in 1979 became world our most secret information spy, Secretary Richardson has said the Director of the Safeguards and Security about technologies important to our Division. Prior to joining DOE I served as an they took aggressive action. officer in the U.S. Army. Active military Now, that is what he said publicly. I country. There is one additional factor that service included a number of Military Intel- wish he would answer this question, be- ligence and Special Forces assignments in cause that same year, in 1995, U.S. needs to be investigated, Madam Speaker. There was an individual, or is Europe and Southeast Asia. I culminated my News and World Report published a military duty after over thirty years of ac- special report entitled ‘‘Shockwave.’’ an individual employed at the Depart- tive and reserve service. ‘‘Shockwave’’ was printed on July the ment of Energy who has currently been In fulfilling my responsibilities as the Di- 31, 1995, distributed all across the coun- placed on what I call political adminis- rector, Office of Safeguards and Security, I try and around the world. I am sure a trative leave. His name is Edward J. have attempted to provide senior DOE man- number of these copies were sold in McCallum. He was the one who briefed agement with the most sound, professional China. Members of Congress and their staffs judgment possible concerning the status of about problems with one of our nuclear security within the department, along with b 2200 facilities, Rocky Flats. When it was recommendations as to how best to rectify Because when I traveled to Beijing I shortcomings. As you are no doubt aware, found out that he had done the out- much of what I have offered over recent saw copies of U.S. News and World Re- rageous thing of informing Congress years has not been altogether positive, nor port on the shelves that people could about security concerns at one of our well received. The steady decline in re- buy. The same thing in Russia. These nuclear sites, what was the response of sources available to the DOE safeguards and copies were available in North Korea, this administration? They put him on security program as well as a lack of priority in Iran or Iraq. This edition of U.S. administrative leave. Secretary Rich- have allowed the department’s protection News and World Report’s Special Sup- ardson has announced that he is going posture to deteriorate to a point where a plement were sold wherever people to fire Mr. McCallum because he claims program that long operated in a defense in depth mode, where no single point failure would pay the price of whatever this he gave out classified information. document cost, $3.50. What was in this permitted the system to fail, can no longer Madam Speaker, I cannot believe afford such a strategy. special report on the last page, which I this is happening in America, but there The information presented in this state- showed last evening, was startling. is some added irony here. Madam ment is not new. It has been repeated con- On July 31, 1995, this administration, Speaker, I am providing for the CON- sistently over the last decade in Depart- not the Reagan administration, not the GRESSIONAL RECORD, a document dated mental reports such as the Annual Reports Bush administration, not the Carter May 3, 1999, prepared by Mr. McCallum to the Secretary in 1995, 1996 and 1997 by the administration, this administration which outlines the problems at Rocky Office of Safeguards and Security. External leaked the design for our W–87 warhead Flats and what steps he took to correct reviews such as the Report to the Secretary in 1991, by General James Freeze, and the to U.S. News and World Report. Not them. just the Chinese, the North Koreans, Nuclear Command and Control Staff Report STATEMENT OF EDWARD J. MCCALLUM the Iraqis and Iranians, anyone who on Oversight in the DOE in 1998 cite similar Mr. Chairman, thank you for the oppor- concerns. There have also been a large num- would buy U.S. News and World Report tunity to speak with the committee today on ber of General Accounting Office Reports on on July 31, 1995 got a documented dia- the Department of Energy’s Safeguards and these areas. However, for numerous reasons gram of the W–87, which up until that Security Program. Over the past nine years, the department has not been able to resolve point in time was classified. I have served as the Director of DOE’s Office these serious and longstanding problems. H3840 CONGRESSIONAL RECORD — HOUSE June 8, 1999

COMPUTER SECURITY groups. At times artificial ‘‘safety con- significant savings available through ad- One of the primary interests expressed by strains’’ are imposed on exercise adversary vancements in technology that have in- the Committee, and indeed widely covered teams that effectively neutralize their abil- creased detection, assessment, and delay ca- by the media recently, is the loss of classi- ity to operate. This results in ‘‘winning’’ the pabilities. fied information from the computer systems performance test, in a less than realistic sce- Some sites are using a variety of non- at the National Laboratories. Indeed, we nario. standard security alarm and access control may be sitting at the center of the worst spy There have been several other con- systems that have not been fully tested to scandal in our Nation’s history. sequences of the reduction in the number of determine if they contain vulnerabilities, or The DOE Computer Security Program suf- Protective Force Officers. First is a rel- if they meet Departmental requirements fers from a variety of problems. One of the atively older Protective Force (the average without compensatory measures. Such sys- primary concerns is the protection of unclas- Protective Force Officer is now in his/her tems may have back doors or viruses, that sified sensitive information processed by the early 40s). Second, DOE sites are relying on allow the insider adversary to cripple the en- tire site protection system, thus leaving the Department and the relationship of these local law enforcement agencies to handle se- site vulnerable. Some sites do not have systems to the classified architecture. Rel- rious security threats. Their ability in nu- qualified personnel to conduct these vulner- atively little guidance has been issued on clear terrorist situations is questionable. ability tests and are generally unwilling to how to protect sensitive but unclassified in- Third, sites have difficulty increasing the conduct any type of attack on the system to formation. System administrators are tempo of security operations during high threat periods. Fourth, Protective Force per- determine if such vulnerabilities can be ac- charged with the responsibility for designing complished. their own protective measures. Unfortu- sonnel are displaying lower morale due to re- nately, many of them do not have the com- duced training and job stagnation. Finally, COUNTERTERRORISM MEASURES puter security background or knowledge re- an average annual overtime rate in our nu- PDD–39, The United States Policy on quired to implement a sound computer secu- clear weapons facilities of approximately Counterterrorism, requires all governmental rity program. Attempts to issue comprehen- 25% has detrimental effects on safety, train- agencies to implement security measures to sive guidance by my office and the Chief In- ing, and response capabilities. defend against Weapons of Mass Destruction, formation Officer as early as 1995 met with EXERCISES including chemical and biological weapons. significant Laboratory resistance. Several A centrally funded and well-integrated Na- The Office of Safeguards and Security has developed the necessary policies and require- Laboratories complained that providing pro- tional-level security exercise program is ments for implementing PDD–39. Field Ele- tection such as firewalls and passwords were critical to meet the safeguards and protec- ments, however, have been slow to purchase unnecessarily expensive and a hindrance to tion needs of DOE and the nation. Exercises and install explosive detection systems, with operations. Implementation of the proposed that address site response and management only a limited number of sites having done of security crisis are required by regulation Computer Security Manual in 1996 would so. Program Offices claim that there is no have prevented many of the problems being to be held annually at critical DOE facili- funding for such equipment. reported today. ties. However, participation by State and Another area of great concern is the mi- local law enforcement, regional offices of the PERSONNEL SECURITY gration of classified information from sys- Federal Bureau of Investigation (FBI) and I fear that a recent decision by the depart- tems approved for processing classified data other Federal agencies is inconsistent and ment to have program offices fund the cost to less secure unclassified processing sys- varies considerably across the complex. of clearances for field contractor personnel tems. My office has noted a number of prob- Under Presidential Decision Directives 39 will have severe repercussions. Since imple- lems in this area to include: Failure to con- and 62, the Secretary of Energy is directed to menting this new approach at the beginning duct classification reviews before placing in- conduct exercises to ensure the safety and of FY 1999, we have already begun to see a formation onto an unclassified processing security of its nuclear facilities from ter- dramatic increase in the backlog of back- ground investigations. As with other secu- system, intentionally creating unclassified rorism. DOE is also tasked to support the rity areas, program offices must decide upon data that is very close to classified data to FBI in its lead as the Federal agency respon- competing interests when determining those ease processing, and using personal com- sible for managing all domestic incidents in- areas to be funded. Unfortunately, security puters at home to process classified informa- volving terrorist threat or use of weapons of activities are relegated to a lower tier in tion. mass destruction (WMD). In addition, the re- terms of importance by some program offices A variety of computer security tools and cent creation of the Department of Justice and selected field sites. This appears to be techniques, such as encryption devices, fire- National Domestic Preparedness Office, the walls, and disconnect features, are available the case with the funding of security back- FBI Critical Incident Response Group ground investigations. As the first line of de- and their use is required; however, these pro- (CIRG), and other National crisis response tective measures are not always used. In fense against the ‘‘insider’’ threat, the ade- assets, requires that DOE plan and practice a quate funding and timely conduct of reinves- some cases, this is due to lack of knowledge new and expanded role in supporting a secu- tigations is critical to ensuring the depart- by system administrators. In other cases, it rity crisis response beyond the local site and ment maintains a protection posture com- is due to lack of funding or priority for the internal Department level. mensurate with the level of threat. required equipment. Currently, the present DOE organizational ROLES AND RESPONSIBILITIES PROTECTIVE FORCES structure separates exercise responsibility Operating beneath the surface of these While much of the attention of late has between Program offices and Safeguards and major challenges are some fundamental been directed toward the area of foreign visi- Security; this hampers the integration of se- quential training objectives that can be issues that, if properly addressed, could pro- tors and the protection of classified informa- vide the impetus to effect real progress. tion, equally serious cause for concern exists monitored and tracked and creates confusion at the site level. More importantly, the ma- These challenges, for the most part, are not in other areas as well. For instance, since new, nor are their solutions. 1992, the number of protective forces at DOE jority of the funding resides at the site level where expenditures must vie with other pro- Organizational Structure: In all of the re- sites nationwide has decreased by almost views of the safeguards and security program 40% (from 5,640 to the current number of ap- gram needs each fiscal year, often to their detriment. conducted during the last decade, there is a proximately 3,500) while the inventory of nu- recurring theme. Simply, the Department’s clear material has increased by more than PHYSICAL SECURITY SYSTEMS organizational structure of the Safeguards 30%. The number of Protective Force Offi- Another area of concern involves aging and and Security Program is such that pro- cers has declined to the point where it is deteriorating security systems throughout grammatic authority and responsibility are questionable at some facilities whether the the DOE complex. Physical security systems not properly aligned. The Safeguards and Se- DOE Protective Force could defeat an adver- are critical to ensure the adequate protec- curity Program in its current structure has sary. By 1996 several facilities were no longer tion of Special Nuclear Material (SNM). one organization developing policy, training capable of recapturing a nuclear asset or fa- Many facilities have systems ranging in age and providing technical field assistance cility if it were lost to an adversary. Indeed, from 14 to 21 years, and are based on mid-70’s (NN), another organization providing funding a number of sites stopped even training for to early-80’s technology. Because of the obso- and ‘‘implementing guidance’’ (Headquarters this mission because resources had been re- lescence of these systems, replacement parts Program Offices), a third organization (Field duced below the minimum level necessary to and services are increasingly expensive and Site) is responsible for implementation of expect success. We have had some success in hard to obtain. Expensive compensatory policy, while a fourth (EH) is responsible for increasing these numbers of recent years so measures (i.e., protective force response) are oversight. A fundamental change in both the that at this time all sites report they can required to ensure needed confidence levels organizational structure and funding of the meet this minimum capability. Several sites of adequate protection. Older systems are Safeguards and Security Program is abso- are using performance tests to verify that also increasingly vulnerable to defeat by ad- lutely necessary before the Department can their Protective Force can defeat the adver- vanced technologies that are now readily and begin to systematically address the major sary; however, many of these tests are not cheaply available to potential adversaries. challenges previously addressed. These orga- realistic. For example, performance tests Continual reductions, delays or cancella- nizations must be consolidated with policy, sometimes are not consistent in providing tions in line-item construction funding in- guidance and implementation in one loca- the adversary with the weaponry or explo- creases the vulnerability risks to sites pro- tion, with an appropriate budget to partici- sive breaching devices used by terrorist tection capability. Also, DOE is not realizing pate in the Department decision making. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3841 Safeguards and Security Program Funding: physical security, the Department is work- There are some that believe that safeguards This is the central, driving issue. Budget ing to correct identified weaknesses. Specifi- and security is an overhead expense. I dis- cutbacks have adversely affected all of DOE. cally, the Department augmented security at agree, strongly. Safeguards & security is a As previously alluded to, however, when Pro- some field sites by deploying new tech- mission-critical element. Without it, why gram Offices face funding shortfalls, there is nologies to safeguard special nuclear mate- bother creating new national defense tech- a tendency to cut security programs on a pro rials and weapons; worked with other agen- nologies, if present or future foes can have rata basis without the benefit of assessing cies to train departmental protective forces; ready access to it? To treat it as a mission- the impact these cuts would have on the de- identified and developed more sophisticated critical element requires a greater sense of partment’s protection posture. The imple- detection and deterrent systems; and hired accountability than seen to date. Secretary mentation of virtually every security pro- additional security personnel. New explosive Richardson has committed to establishing gram, from the Information Security Pro- detection systems are being installed at se- and maintaining a sound safeguards and se- gram to the Protective Force Program, has lected nuclear facilities and some sites are curity program. It will take the commitment suffered significantly as a result. I believe upgrading access control systems. not only of the Secretary, however, but of many of these cuts are shortsighted and ill In the area of information security, the each and every program official throughout advised as they eventually lead to security Secretary recently directed the shut down of lapses. Nevertheless, my office has no au- classified computer operations at three na- the department if this mission essential ele- thority to force the Program Offices to im- tional laboratories until such time as he was ment is to be fulfilled. It is incumbent upon plement departmental security policies and assured that information processed on the senior departmental management to make requirements. Similarly, my office has no systems is being done so securely. From a safeguards and security a priority. It is too funds to provide to Program Offices or Field longer-term perspective, the department is important to be relegated to a secondary sta- Elements to help pay for appropriate secu- requesting a dramatic increase in budget for tus where its operations are viewed as ancil- rity measures. Without an adequate budget information security. The additional funding lary. Both Congress and the public rightfully there is simply no authority. will be used to help further secure the de- expect our best effort in executing this vital Security Policy and Requirements Formu- partment’s classified and unclassified com- program. We should demand no less from lation. DOE security policies and require- puter networks. The improvements will help ourselves. ments are based upon current threat data strengthen fire walls, develop better intru- and requirements identified by outside intel- sion detection devices, and fund rapid re- DEPARTMENT OF ENERGY, ligence organizations. DOE, the Department sponse teams to work with the FBI to detect Germantown, MD, January 27, 1997. of Defense, the Nuclear Regulatory Commis- and track cyber intruders. sion, the Federal Bureau of Investigation, In the area of the control, measurement MEMORANDUM FOR DISTRIBUTION LIST and the Central Intelligence Agency meet and accountability of special nuclear mate- From: Edward J. McCallum, Director, Office every two years to evaluate current threat rials, the Department has established the of Safeguards and Security. data and formulate an agreed upon threat Fissile Materials Assurance Working Group Subject: Status of Safeguards and Security. statement that governs security programs (FMAWG) to assess needed areas of improve- throughout the U.S. Government. In addi- ment and make recommendations. In this re- This report provides a comprehensive re- tion, the Department of Energy internally gard, the FMAWG identified unmeasured view of Safeguards and Security activities reviews this threat statement annually. In materials and initiated actions to resolve throughout the Department of Energy com- DOE parlance, the resulting document is discrepancies. They further identified issues plex during 1996 and provides a candid look known as the Design Basis Threat. Program regarding the safeguarding of irradiated ma- at the future of the Program. The report is Offices are required to use the Design Basis terial and are promulgating policy for imple- structured to present a Departmental per- Threat as the baseline for planning security mentation. The Department is developing spective of the Safeguards and Security Pro- measures. Security requirements are also new technologies for tamper indicating de- gram to senior management and all safe- levied upon the Department by the Office of vices and proposing pilot projects for field guards and security professionals. For the the President, Congress, and the General implementation. first time the report also contains a section Services Administration. For example, Pres- A PATH FORWARD which summarizes safeguards and security idential Decision Directive 39 directed all All of these positive steps are good, nec- participation in National Nuclear Command Executive Branch agencies to protect essary actions to ensure the adequacy of our and Control activities. against terrorist attacks. This resulted in an protection posture. More is needed, however. During the past year disturbing trends con- increased need for explosive detection equip- As previously addressed, organizational re- tinued that resulted in additional budget re- ment, more frequent security patrols, and alignment of safeguards and security activi- hardening of structures. In some cases, Pro- ductions, further diminishing technical re- ties is sorely needed. I understand that this sources, reducing mission training and un- gram Offices have directed their field ele- is now under review by the department. ments not to implement departmental secu- dermining our ability to protect nuclear While addressing the problems inherent in weapons, special nuclear materials and other rity requirements. This is due to 2 main rea- the current organizational structure of the sons: The program offices can’t afford the critical assets. This is occurring at a time of Department will not in itself solve all of the increased responsibilities resulting from the new directive, or they simply don’t agree issues contained in this report, it will estab- international transfer of nuclear materials with it. In other cases, they have issued in- lish the necessary framework to allow reso- and dismantling of U.S. nuclear weapons. Al- terpretive guidance that changes the secu- lution in a more effective and lasting man- though traditional and time proven protec- rity policy or undermines the effectiveness ner. Simple organizational realignment, of that policy. Again, the Office of Safe- however, by itself, will not result in the fun- tion principles are still emphasized, it is be- guards and Security has no authority to de- damental change in approach that is re- coming increasingly difficult to adequately mand compliance with departmental secu- quired. The Department should work closely protect our nation’s nuclear stockpile in the rity policies and requirements. with Congress to establish a budget line item face of inadequate resources, obsolescent ACCOMPLISHMENTS for safeguards and security. Doing so will en- systems, aging protection forces and funding I would be less than forthcoming if I failed able a more accurate accounting and control uncertainties. This has increasingly resulted to mention some positive aspects of the de- of safeguards and security expenditures. It in a ‘‘hollow-force’’ that goes below the ‘‘bot- partment’s safeguards and security program. will also improve the likelihood that policy tom line’’ and makes it more difficult to ful- Let me start by saying that the program is will be issued in conjunction with the nec- fill National Security mandates. It is imper- staffed by hard working dedicated men and essary resources to implement that policy. ative that the Safeguards and Security women throughout the country who are It should be apparent that attempts to downward resource spiral be immediately firmly committed to protecting the critical have effective internal oversight of the DOE halted. Further, nuclear materials must be national security assets entrusted to their safeguards and security program have failed consolidated to reduce costs or additional re- care. The responsibilities of these individ- over a twenty-year period. While there have sources must be found for protection. Ade- uals are most demanding, even dangerous in been high points and periods when oversight quate investment is essential to sustain a some respects. Yet despite the dwindling re- has been effective, organizational and budget vital Safeguards and Security Program that sources made available to them, these indi- pressures have played too central a theme continues to support the nation’s security, viduals continue to perform in outstanding for this function to remain within DOE. An the public health, safety and our environ- fashion. Where this department has failed is organization like the Defense Nuclear Facili- ment. in providing these professionals the nec- ties Board should be established to independ- essary resources to allow them to perform ently review Security at DOE and the Lab- I am confident that the report will be a their responsibilities appropriately. The De- oratories. Further a direct reporting mecha- valuable tool to stimulate open conversa- partment has also failed to provide protec- nism should be established to one or more of tion, provide constructive feedback and as- tion so that individuals will bring forward the Congressional Committees. sist in addressing the continued viability of problems and deficiencies without fearing re- Perhaps the biggest challenge facing the the Department’s Safeguards and Security taliation. department today as we strive to meet our Program. Collectively, we must continue to Progress has been made in some of the protection responsibilities is the attitude strive to maximize the use of our resources areas I previously addressed. In the area of throughout the complex toward security. necessary to ensure requisite security for the H3842 CONGRESSIONAL RECORD — HOUSE June 8, 1999 Nation’s and the Department’s most vital as- ergy Department’s $800 million security pro- job, denied that was the reason, calling Mr. sets. gram and how it failed to stop the apparent McCallum ‘‘a valued security professional’’ Attachment. compromise of many of the nation’s most who has made ‘‘major improvements.’’ CENTRAL INTELLIGENCE AGENCY, valuable nuclear-weapons secrets. Despite substantial spending on ‘‘gates, Washington, DC, March 16, 1999. Rep. John D. Dingell, the Michigan Demo- guards and guns,’’ one problem that had re- Dr. ERNEST MONIZ, crat who led several of the House Commerce ceived relatively little scrutiny is the so- Acting Deputy Secretary, Department of En- Committee’s previous investigations in the called insider threat. As the Cold War has ergy, Washington, DC 1980s and early 1990s, charged that the de- faded, the threat has grown because many DEAR DR. MONIZ: As the Central Intel- partment runs a system of ‘‘inverse reward Americans now shun careers in engineering, ligence Agency’s representative to the De- and punishment.’’ People who have identified physics and mathematics—skills in demand partment of Energy (DOE) Security Manage- lax security at the nation’s defense labs have at the weapons labs. The shortage forced the ment Board, I would like to convey some im- been punished and those who somehow fi- labs to turn to foreign-born experts who had portant perspectives concerning on-going nesse, ignore or abuse the program have been become naturalized U.S. citizens, such as Mr. discussions to reorganize the Department’s rewarded, he said. Lee, Taiwanese whose skills included mod- security element. Of concern is consider- The panel will hold hearings this week on eling nuclear-weapons explosions on super- ation that is being given to further decen- the latest example of this seeming paradox: computers. tralize DOE’s security management appa- Edward McCallum, the Energy Department’s ratus and assignment of security expenses to top internal critic of security deficiencies, [From the TelePort of: Ed McCallum, May 7, indirect costs (i.e., overhead) at the indi- has been put on leave and is being inves- 1999] vidual sites and Laboratories. In my judg- tigated by the Federal Bureau of Investiga- To: Al Santoli. ment, and based on our experience at CIA, tions for allegedly leaking secret informa- Memo: This is draft and has not been given DOE should undertake such reorganizational tion. At the same time, Wen Ho Lee, the to DOE except verbally. It clearly shows and budgetary alignments advisedly. former Los Alamos nuclear-weapons sci- there was no classified unless DOE wants Using CIA’s experience as an example, re- entists who allegedly transferred many of to change the published rules./Ed organization through division can be highly the nation’s most sensitive nuclear-weapons ineffective and inefficient. Shortcomings to DRAFT codes to an unprotected computer between CIA’s 1994 decision to divide the Office of Se- HERNDON, VA, May 6, 1999. 1983 and 1995, is described by the FBI as being curity were quickly exposed, including: ex- Subject: Classification Analysis of Rocky ‘‘unprosecutable.’’ pensive duplication of security activities, de- Flats Transcripts There is no evidence that China obtained teriorated management focus over a tangen- Mr. JOSEPH MAHALEY, any of the codes, although Mr. Lee met with tial security program, elimination of a co- Director, Office of Security Affairs, U.S. Depart- China’s weapons experts on two occasions herent security career service, and dilution ment of Energy, Washington, DC. during the 1980s and Chinese scientists were of CIA’s leadership role in the Community. DEAR JOE: Since I have not been given the Adding to the difficulties, security managers among the most frequent visitors to the lab. opportunity to present my technical analysis The Commerce Committee has threatened under this arrangement had limited control of the classification decisions that I made to subpoena 13 Energy Department officials over their fiscal fate, having been placed during the subject discussions with the DOE who know about the investigation of Mr. alongside and beneath numerous budgetary contractor whistleblower, Mr. Jeff Peters, I layers. McCallum, a 25-year department veteran will do so now. The presentation being made Director Tenet recognized these inefficien- who, among other things, has complained in this letter should have been part of the cies immediately, and placed me in charge of about difficulties in trying to protect the se- first step of the inquiry process described in consolidating CIA’s program in 1997. In addi- cret computer system at Los Alamos. The DOE Manual 471.2–1B, 7a.(1), and should have tion, he has provided security with a strong- network of 2,000 computers is used to store been completed before proceeding with any er voice in its fiscal future. The process to digital models of nuclear tests that show, inquiry. If both sides of a technical discus- reconstitute our security apparatus has been moment-to-moment, how nuclear weapons sion had been laid on the table before the De- challenging; but, its benefits have already work. partment’s classification authority, I firmly become apparent through a stronger, more Committee members have invited Mr. believe a determination would have been viable security program. McCallum to testify along with another de- made at that time that the tape conversa- The lessons learned after CIA decentralized partment veteran, Glenn Podonsky, who tion and subsequently released transcripts its security organization have also been ex- runs internal inspections for the agency. were unclassified. perienced by other agencies, several of which While Republicans are leading the charge in To date, six authorized classifiers have as- have chosen to reconsolidate their activities. the various congressional investigations, the sessed the transcripts. Two areas of the con- With such stark examples of the short- two witnesses and others are expected to tell versation have been identified for further re- comings of decentralization in security of foul-ups and budget shortfalls that date to view. First, reference is made to ‘‘20 per- apparatuses, I urge you to give strong con- the Carter administration. centile’’ and ‘‘80 percentile’’, but no further sideration to the implications of such reor- Energy Department reports show that Mr. context is provided by either speaker. Even ganization of DOE. Podonsky, as early as 1994, had identified the if the reader can speculate the discussion re- Furthermore, in today’s world of sophisti- problem that researchers could transfer data lates to protective force computer modeling, cated technological threats, and given the from the secured computer system to the un- no specific scenario is developed, no specific developing review at one of the National protected one. facility (e.g. building or vault, as stated in Laboratories so widely publicized, I would Over the weekend, Department of Energy Topic 610 of CG–SS–3) is identified, and no further caution against leading the charge officials said that a classified report pre- specific attack developed. toward field autonomy, and anticipated the pared by U.S. intelligence agencies in No- DOE Classification Guide, CG–SS–3, Chap- Department looking toward reinforcing cen- vember showed that there had been numer- ter 6, ‘‘Vulnerabilities’’, D. states clearly tralized security expertise. ous efforts to penetrate the weapons labora- that information must, ‘‘meaningfully aid a When appointed to the Security Manage- tories’ unclassified computer system. The se- terrorist or other malefactor in targeting ment Board a year ago I expected that the cret report also noted that China was among DOE facilities or bypassing security meas- Department wanted the input of the rep- a number of nations the laboratories should ures . . .’’. resentatives from other Agencies in security regard as a threat. Still, investigators didn’t Vulnerability is defined in Appendix A, Defi- issues of this nature. In fact, I believed that examine Mr. Lee’s computer until March and nitions of CG–SS–3, as ‘‘an exploitable capa- obtaining such outside counsel on issues of didn’t close down the classified system until bility or an exploitable security weakness. this nature was the purpose for which the last month. The report’s findings were first . . . If the vulnerability were detected and Board was created. Unfortunately, my expe- published in the New York Times. exploited by an adversary, then it would rea- rience with the Board indicates that it is a Brooke Anderson, a spokeswoman for En- sonably be expected to result in a successful feckless exercise with no accomplishments ergy Secretary Bill Richardson, said the sec- attack . . .’’. Clearly, no exploitable vulner- almost fifteen months after it was estab- retary ‘‘is extremely concerned that the ability is discussed within the meaning and lished. I would welcome the opportunity to hearing may bring potential disclosures of intent of this classification guide that has further discuss my views with you at your classified information and his priority is to been used by DOE for over 25 years. convenience. protect the national security.’’ Mr. Richard- The second area of conversation identified Sincerely, son, a former member of the Commerce Com- for review is the statement ‘‘Put some HE on RAYMOND A. MISLOCK, Jr. mittee, irritated its leaders after a security top of it and boost it up—you don’t need to Associate Deputy Director hearing last week, accusing the panel of take it in the middle of Denver, it’s going in For Administration for Security. ‘‘exhuming the past.’’ the middle of Denver anyway.’’ This portion David Tripp, Mr. McCallum’s lawyer, said of the conversation refers to a radiological [From the Wall Street Journal, May 3, 1999] the information involved in the allegations dispersal device. CG–SS–3, Chapter 3, ‘‘Ma- CONGRESS BRINGS NEW INQUIRES INTO against Mr. McCallum wasn’t classified and levolent Dispersal of Radioactive Material’’, WEAPONS SECURITY FAILURES that he is being punished for being ‘‘a pain in provides detailed guidance for classification (By John J. Fialka) the neck’’ about exposing security problems. in this area: WASHINGTON.—House and Senate investiga- Rose Gottemoeller, the assistant energy sec- Paragraph C, states that for information tors are launching new inquires into the En- retary who removed Mr. McCallum from his to be classified it must be,’’ . . . detailed, June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3843 specific information that, if not controlled, garding factual inaccuracies will be for- ate, Government Affairs Committee hear- would significantly enhance the probability warded. Beyond the factual accuracy of some ings. These facts are either unknown or ig- of such a dispersal’’. Further elements of the of the items found in the report, however, it nored by the report team. I have yet to hear same paragraph require elements such as is evident that this study not only misses an allegation that DOE provides too much ‘‘Details of specialized access procedures to the mark of the task assigned, but if left un- oversight of our contractors except from the areas or equipment . . .’’. ‘‘Detailed sce- challenged could serve to damage the De- Labs. Consequently, the suggestion that S&S narios (combining details of radioactive partment’s standing in the security and in- should be funded through a site’s overhead source type, size and form; container design; telligence community at large. budget is simply irresponsible. It is unclear dispersal mechanism design) . . .’’ In reading the report, I am struck by the to me how this would be the preferred meth- Topic 1101.1 states specifically ‘‘Trivial or elementary understanding it portrays of the od of funding. Such a move would further re- generally known methodology’’ is Unclassi- Safeguards and Security (S&S) Program, move the Department’s control over this fied. specifically as it relates to the national level critical area. It is precisely this approach to Topic 1030, ‘‘Design of credible Radiation directives that provide much of the founda- safeguards and security as an ‘‘overhead’’ Dispersion Device (RDD), states a design is tion for many of the areas called into ques- function that has led to many of our difficul- ‘‘Unclassified for unsophisticated designs.’’ tion. There is no mention of the Presidential ties. It further underscores the lack of un- Topic 1052 cites ‘‘Generic description of Decision Directives (PDD) or the require- derstanding of the mission essential element methods that could be used to disperse radio- ments contained therein governing federal of safeguards and security as it relates to the active material (e.g., fire, explosives)’’ as Un- agencies and their policies toward Department’s overall mission. It is precisely classified. counterterrorism, explosives detection, radi- this type of thinking that Admiral Crowe’s Special nuclear materials discussed in the ological sabotage, and chemical/biological January 1999 report on the embassy bomb- conversations have been publicly associated weapons defense. In fact the assertions of- ings in Nairobi and Dar Es Salaam warns with the nuclear weapons program and in- fered are in direct contradiction to President against. In his cover letter to Secretary cluded in Section 51 of the Atomic Energy Clinton’s policy on Counterterrorism pro- Albright he expresses concern about the Act of 1954. They are defined as ‘‘Pure Prod- mulgated in PDD–39. For a study that spent ‘‘. . . relative low priority accorded security ucts’’ and as ‘‘High-Grade Materials’’ in un- the better part of a year examining the De- concerns throughout the US government—by classified DOE Regulations and in CG–SS–3. partment’s S&S Program, I find this glaring the Department, other agencies in general, Further, information concerning radio- omission of national policies to be alarming. and on the part of many employees both in active source term and scenarios of worst Furthermore, it conveys a lack of under- Washington and in the field.’’ Admiral Crowe case dispersal with consequence estimates standing of the environment in which the goes on to advise that, ‘‘Saving lives and are contained in great detail in Safety Anal- Department operates that consequently di- adequately addressing our security ysis Reports for each site. These reports con- minishes the value of any findings or rec- vulnerabilities on a sustained basis must be tain worst case scenarios for radiological re- ommendations. given higher priority by all those involved if leases. They are unclassified, published and Beyond the lack of depth of understanding we are to prevent such tragedies in the fu- available in DOE Public Reading Rooms and of S&S Program requirements, however, I ture.’’ periodically on the internet. find the team failed to answer the only ques- Again, this lack of understanding leads to I know of no other issues that have been tion that was posed to them. Specifically, another distrubing assertion found in the re- reviewed or could be considered even close to whether current—DOE practices ensure that port. Specifically that: ‘‘Safeguards and se- classified information. Further, I was given a Special Nuclear Material (SNM) and Nuclear curity is not a mission of DOE. Rather, safe- 30-minute briefing on Defense Programs Weapons are adequately protected against guards and security is the responsibility of weapons design program(s) in the past. Noth- Raidological Dispersal Device (RDD) and Im- the DOE and contractor management at in- ing I have seen or heard of these programs provised Nuclear Device (IND) threats. The dividual sites.’’ Such a statement is contrary would void or invalidate the published guid- short statements in the report that we need to Department of Energy’s Strategic Plan of ance in CG–SS–3. to change policies to require a higher stand- September 1997. Under the Strategic Plan’s I firmly believe that I have not disclosed ard of protection of SNM is gratuitous and National Security Strategic Goal is the ob- classified information and have not crossed provides no new information. The single jective to ‘‘ensure the vitality of DOE’s na- any boundaries, real or imagined. In no case graphic depicting greater quantities of ex- tional security enterprise.’’ In support of were details or specifics provided any reader. plosives relative to SNM types was recog- this objective is a strategy to ‘‘ensure the Speculation might cause a reader to draw nized long ago when the Atomic Energy protection of nuclear materials, sensitive in- conclusions that are completely external to Commission began this program, and again formation and facilities.’’ The fact that safe- these illegally recorded conversations. The in 1988 when the graded safeguards table for guards and security is found in the Strategic transcripts have been reviewed by a number SNM protection was established. I was dis- Plan as well as in the Secretary’s Perform- of authorized classifiers and all have reached appointed to find that the validation of spe- ance Agreement with the President clearly the conclusion that the conversation does cific time lines of existing guidelines cur- raises its level of import to more than ‘‘a re- not contain classified information and in no rently in the Secretary’s office awaiting quirement of operation.’’ way crossed any prohibited boundaries. completion of this study were completely A final point worthy of note is the com- I believe I have seen a rush to judgment on avoided. plete lack of understanding of the Depart- this classification issue and subsequent ac- Equally disappointing is the amount of ef- ment’s Design Basis Threat (DBT) process. tions that violate the procedures published fort and detail directed at the management The FBI, CIA, DOE, and the military serv- in DOE classification guidance and DOE and organizational issues that have been pre- ices as well as the Nuclear Command and Manuals relative to the investigation of a viously reported in numerous studies to in- Control Staff have developed the existing potential compromise. If the basic elements clude your Report to the Secretary of Octo- Design Basis Threat over a number of years. of ‘‘due process’’ had been followed this ber 1997 and the OSS Annual Report to the It has been extensively reviewed and sup- would have only been a technical discussion Secretary of January 1997. That the frag- porting studies issued by the DIA. Sandia, as with possible clarified technical guidance mented and divisive S&S structure is dif- well as our other Labs, have been asked to provided by one side or the other. In closing, ficult to manage is well acknowledged and comment and participate in the development if Defense Programs believes these elements has been addressed repeatedly by DOE process. To describe the process and ap- are so sensitive, then why weren’t adequate through reorganization and restructuring proach as flawed further underscores the su- physical protections immediately put in (e.g., SAI 26). There is no new information perficial nature and questionable analysis place to allay their concerns? here, and the recommendations offered are found in the report. Sincerely, confusing and inconsistent with one another. Perhaps most distressing is the lack of bal- The solution as I understand it would further ance in its approach to the critical safe- DEPARTMENT OF ENERGY, decentralize authority and responsibility to guards and security issues facing the Depart- Germantown, MD, February 3, 1999. field sites thereby recreating the exact same ment. Rather, what is provided is a very pa- Memorandum for Joseph S. Mahaley, Direc- environment as existed in Counterintel- rochial Defense Programs/Laboratory view tor, Office of Security Affairs ligence prior to the issuance of PDD 61. that ignores not only the external drivers From: Edward J. McCallum, Director, Office The report wades through a plethora of found in national level policies, but a total of Safeguards and Security symptoms and offers the often repeated Lab- lack of understanding of specific procedures Subject: Hagengruber Study. oratory rhetoric to limit Headquarters in- implementing these policies. Suffice to say, I I have completed my initial review of the volvement and trust the contractor to carry am strongly opposed to the continued fund- subject document and offer the following im- out the government’s mission. Trust is not ing of Phases II and III of this effort. If pressions. These thoughts are not intended the question, execution is. As you know, cost Phase I is any indication of the quality of ef- to be all inclusive, nor do they address all of is an essential element of risk management. fort that might be expected, any further the facts that I find questionable. In this re- The House of Representatives, Committee on funding in this regard would be imprudent at gard, I have directed the Office of Safeguards Commerce, Oversight and Investigations best. Nonetheless, if the program is contin- and Security (OSS) Program staff to conduct Subcommittee challenged the DOE on the ued, I strongly suggest we manage the direc- a thorough review of the entire report with oversight of its contractor’s S&S programs tion and quality of the next phase. respect to its factual accuracy. Upon com- throughout the 1980’s and early 1990’s. Sen- As stated in this and other studies, suc- pletion of this review, detailed comments re- ator Glenn asked the same questions in Sen- cessful resolution of the issues facing this H3844 CONGRESSIONAL RECORD — HOUSE June 8, 1999 Department relative to safeguards and secu- As a member of the Cox committee, I to go to the arms of the People’s Lib- rity will require a concentrated effort on the had the opportunity, over the 7 months eration Army, because that is a desire part of all interested parties to include the that we worked aggressively on this they had for these specific tech- Office of Defense Programs and the National Laboratories. What concerns me is that crit- project, to meet a number of senior and nologies. ical information concerning these issues is very capable intelligence officers and A very elaborate scheme, but very missing from this study. While such an omis- people within our intelligence estab- simple. The financing through the enti- sion may serve certain short term interests, lishment who are absolutely frustrated ties to buy it go back to those entities it is not in the best interest of the Depart- by what they see occurring in this ad- that wanted to improve their missile ment or the nation. As an agency, we must ministration on security issues. When systems, their nuclear programs, their endorse and implement two significant ob- we completed the Cox Commission re- computing capabilities, the design of jectives concerning our protection strategy: port, I knew that the American people their fighter aircraft, whatever the (1) to protect our nation’s critical assets from those who would cause our nation would not sit through and read, for the need might be. Again, if we are stupid harm, and (2) to protect the forces that se- most part, a document that is almost a enough to sell sensitive technology, cure our facilities from unnecessary vulner- thousand pages in length. Very dif- how can we just blame China for buy- ability. To do any less is to undermine our ficult to understand. ing it in the open market? This was the national security responsibility, which is So working with this group of people, network. without question, a core mission of this De- and I would add for the record, who are Now, we can see that what we did not partment. today currently employees of this ad- look at in the Cox committee is what Mr. WELDON of Pennsylvania. ministration, so I cannot name them influenced these people to allow this Madam Speaker, Mr. McCallum has because they will be given the same technology to flow. Was it money, was been punished and has been placed on treatment as Mr. McCallum has been it influence, was it a desire to increase administrative leave and may lose his given, these people have given me the economic activity for American com- job. Guess who now sits on the cor- information that I am providing to our panies? What was the motivation? We porate board of directors, being paid, colleagues and to the American people. did not look at that in our China com- overseeing the operation of that same This chart, Madam Speaker, for the mittee effort. We thought that should facility? You guessed it, Madam Speak- first time, even though it looks like a be a follow-on once we determined that er. Hazel O’Leary. Hazel O’Leary now hodgepodge of blocks, it can be pulled there was security harm done to our sits on the board of directors of the down on the Internet site, as I have country. That is why I prepared this company that oversees the Rocky said earlier, and this site is document and the document I am going Flats facility that Mr. McCallum at- www.house.gov/curtweldon. This docu- to follow up with. tempted to bring to the attention of ment gives the full pictorial represen- There are some connections here, the Congress was being protected in a tation of what we think China had Madam Speaker, that the American woefully inadequate way. What is the planned to acquire western technology. people need to look at, because some of response of this administration? To Now, should we fault China for estab- these green boxes have attached to make him the scapegoat. lishing this network? Probably, yes. them campaign donations. Ted Sioeng, It is a shame that he did not precede But as many have said, what country $200,000 to $400,000 to the Democratic Notra Trulock, because as many of my does not spy or look to acquire tech- National Committee. Or John Huang colleagues know, it was Notra Trulock nology from other countries? I would and James Riady, and all of these peo- who began to blow the whistle on this say we are the fools if we are stupid ple who contributed millions of dollars administration for not paying atten- enough to allow China to access infor- to the Democratic National Com- tion in 1995 to security breaches that mation that we should be controlling. mittee. Or the temple that gave, were occurring in the Department of And that is why I think the bulk of the through Maria Hsia, $50,000 at a fund- Energy. But Notra Trulock lucked out. responsibility here, Madam Speaker, raiser at a temple of impoverished reli- Because when the administration real- lies with our own government. It was gious leaders. Those connections need ized that what Notra Trulock was say- our government that failed the Amer- to be pursued. ing was true, they could not go after ican people. This information, Madam Speaker, him. They gave Notra Trulock a $10,000 This chart outlines the Central Mili- has been investigated much more thor- bonus and now Notra Trulock is on na- tary Commission of the People’s Lib- oughly by the FBI and the CIA than I tional media programs and talks about eration Army of China. The red boxes have. Now, I have seen some of the how the administration has gotten its on this chart, which are too difficult to classified versions of this, which are far act together. read without having the chart directly more elaborate, which I obviously can- It is a shame that Mr. McCallum did in front of you, are the various mili- not show publicly. What I have shown not precede Notra Trulock. Perhaps he tary commands and entities that are a here is an unclassified version of the would have gotten the $10,000 raise for part of the Central Military Commis- connections between these agencies being the whistle-blower. I can tell my sion that we know have been involved that have been publicly identified. And colleagues, Madam Speaker, I am not in engaging and in acquiring tech- in response to a question by a Member going to sit by, and neither are a num- nology for China. Now, some of that ac- of Congress at a public hearing, Louie ber of our colleagues, and see an inno- quisition has been legal, and there is Freeh, the director of the FBI, was cent individual doing his job profes- nothing wrong with that. If they can asked: ‘‘How much of the information sionally be railroaded out of his posi- buy it, how can we fault China for buy- that we are aware about in public form, tion because this administration is em- ing things we are legally willing to sell like this, compares to what you know barrassed over the policies of their them or other countries will sell them? in the FBI and the CIA about what hap- lack of control and decontrol in secu- Some of it was not legal. By and large, pened in this entire series of trans- rity measures involving our national though, much of what they got, they actions?’’ This was the response of FBI laboratories, our Department of En- got through legal manipulation that director Louie Freeh. ‘‘The public ergy facilities, our defense installa- we allowed to occur. knows about 1 percent.’’ One percent of tions, and our military and other tech- The green boxes are those entities what went on that we have in the FBI nology. and banks and financial institutions and the CIA in terms of these connec- The American people, Madam Speak- here, in Hong Kong and Macao, as well tions. One percent, Madam Speaker, er, can now read the statement of Mr. as in Europe and Asia, that were de- which means that 99 percent beyond McCallum for themselves in tomor- signed to fund the acquisition of these this our intelligence and our law en- row’s CONGRESSIONAL RECORD. The technologies. Now, because they could forcement agencies know about but we American people also now, Madam not buy them directly, front companies do not. Speaker, can read information I pro- were established, and they are the blue vided last evening giving the big pic- boxes. We estimate there were hun- b 2215 ture of the China connection. I want to dreds and hundreds of front companies Madam Speaker, the individual that review that again today in some more established by the Chinese to acquire Louis Freeh assigned to investigate detail. technologies, paid for by these entities, this, Charles LaBella, when he got June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3845 through all of this evidence, well be- between the major players in the effort working together so that no one could yond what I have, wrote a memo- to allow China to acquire technology benefit. randum to Louis Freeh that I have that they have been wanting to buy. It was this administration in 1993 been told is almost 100 pages in length. Now, the administration would have that unilaterally decided to end That then resulted in Louis Freeh us believe that this is really all con- COCOM, did away with it. Without sending a memo to Janet Reno saying cocted by China and that we should even consulting with our allies, we there is enough evidence here that you make China the evil empire. I am not said, ‘‘We’re doing away with this proc- better impanel a special investigative doing that, Madam Speaker. I cannot ess.’’ From 1993 on, the floodgates effort, an independent counsel, because blame China if decisions made by this opened. Because now you had compa- of what may be here. Janet Reno re- administration allowed technology to nies in Great Britain and France and fused Louis Freeh and refused Mr. flow legally, and that is what occurred Japan who said, ‘‘Wait a minute, LaBella. That document has never been in most cases. The influence that was there’s no more COCOM, we’re not released to the Members of Congress peddled by these financial people ended going to let the U.S. sell this tech- nor the American public. In fact, I am up lowering the controls over our regu- nology abroad, we’re going to sell com- not aware of any Member of Congress lation of technology being sold abroad. peting technology.’’ So now you had a that has read that memo. But I can tell The influence exercised by these people mad scramble, you had American com- you, Madam Speaker, every Member of and their money influenced key deci- panies trying to keep up with German, this body and every citizen in America sionmakers in this administration. In French, Italian, British and Japanese should demand of this President one my opinion, that lies in terms of fault firms who now saw American compa- thing, and, that is, to release the at the feet of this administration itself. nies selling technologies that under LaBella memorandum. If this Presi- And as much as we would like to to- COCOM they could not sell. So the Eu- dent and Vice President GORE have tally blame China, I blame our own ropean countries and Japan said, ‘‘Wait nothing to hide, if there are no connec- government. a minute, we’re going to sell that tech- tions, if there is no scandal, if there is Now, are there instances where China nology as well,’’ and you had a mad no grand scheme, if there are no impli- went too far? Absolutely. And I would scramble to sell technology in a totally cating factors, it can all go away very say this again on the record. If we can uncontrolled fashion. That began in quickly by releasing the LaBella document that there is direct espio- 1993 under this administration. The memorandum. That document has been nage that took place at our labs or at Commerce Department will tell you it subpoenaed by the Congress and it has other facilities, we should use the full was good for business. Some business been refused by Janet Reno to be force of our law to prosecute those peo- leaders will tell you it was good for turned over to us so that we have not ple who in fact spied on America, much business. We on the Cox Committee had the opportunity to see what like we have done in the past. But we will tell you it was bad for America. Charles LaBella said was there in that cannot blame a country if we willingly Other allied nations will tell you it was 99 percent of information that we do sold them the bulk of this technology bad for international security. Pro- not know about. What I have given to because of influence they were able to liferation has never been worse than it the American people is the unclassified get by putting some money around or has been for the past 6 years. Iran, information that they can read, and it by currying favor with certain people. Iraq, Syria, Libya, North Korea, India, in itself is revealing. In fact, Madam Let me go to the second chart, Pakistan, all have cutting-edge tech- Speaker, you will notice there are lines Madam Speaker. The second chart, nologies that up until 1993 were tightly connecting many of these boxes. The which was also prepared with the help controlled by COCOM, all of that ended solid lines indicate direct working rela- of existing employees that work for by this administration. That is the tionships between the PLA entities, this government who are in sensitive focus of the Cox report. the financing entities, and the front positions, gives the time line, the time The chronology of this chart takes companies. So they are directly linked. line of liberalized and decontrolled each technology separately: warhead The dotted lines, which are fewer in technologies to the People’s Republic design, machine tools, low observable number, are those where there is a of China. But I want you to know, it technologies, telecommunications, pro- loosely connected relationship but not was not just China that benefited from pulsion systems, high-powered com- a direct relationship. Now, the logical these policies. Many of these policy de- puters, encryption technology, space question is, ‘‘Well, hold it, Congress- cisions benefited a number of countries launch technology, and analyses when man, you can’t just draw lines. You’ve who were able to legally buy our tech- key decisions were made by this ad- got to provide some documentation.’’ nology. ministration and gives you the month Well, we did. Again working with exist- Now, I am not against our companies and the date that allowed technologies ing employees of this government who selling technology abroad. In fact, I am to flow that up until these dates were have been frustrated by what they have an advocate of our companies being controlled. And you can see by the seen occurring have helped me identify able to sell and compete in the world number of red dots here that during 26 documents that are available on the marketplace. But, Madam Speaker, this time frame, the floodgates opened. public record that are not classified, that is not what occurred here. What We said, ‘‘We’ll sell anything and ev- that include newspaper articles, re- occurred here was the elimination in a erything and we won’t consult with our search documents, business reports, wholesale way of a legitimate process allies.’’ So you have had a mad com- company annual reports where you can that was in place under previous ad- petition among companies in countries connect the lines. Each of the numbers ministrations to monitor technology that up until 1993 worked together to on this chart which corresponds with a and to do it with our allies. As I men- make sure that no one could unfairly line gives you a specific document that tioned last night, the reason I started have a larger share of the market with you can read which I have outlined and this chart in 1993 was not because that sensitive technologies. After 1993, the identified in the CONGRESSIONAL is when Bill Clinton took office, it was demise of COCOM, the floodgates RECORD yesterday which you can get because in 1993 this President ended a opened. Everything and anything was off of my web site which gives you the process called COCOM. COCOM was an for sale. Our companies got their way, public information that supports the organized group of our allied nations they got to sell whatever they wanted, linkage between these various entities. and Japan that met on a regular basis foreign countries and companies the It is public information. Now, that is to monitor sensitive technology that same thing, and China took advantage not all. And the media when I brought was produced in any one of the allied of it. this out last week said, ‘‘Well, wait a countries. There was an agreement Now, there are some interesting minute, you haven’t established a di- that none of those COCOM nations other factors about this chart, Madam rect relationship.’’ I cannot show clas- would sell sensitive technology to Speaker. You will notice a gray area in sified information here. That is a viola- countries that we thought might use it the center of this chart, starting in tion of our Federal laws. I have given against us, so that none of our compa- 1995, ending in 1997. Why did I make unclassified documentation which nies were hurt because all the coun- that gray? Because in 1995, we have without a doubt shows the connections tries that have this technology were been told by Bill Richardson that this H3846 CONGRESSIONAL RECORD — HOUSE June 8, 1999 administration found out that China this administration said when they organizations and financing entities was acquiring our most sensitive tech- found out about the theft of nuclear se- that were given direct access to our nology. And if you listened to Sec- crets, they took aggressive action to White House, to our top policy maker retary Richardson, this is what he said: control it. to our commander in chief, to our key ‘‘Boy, when we found that out, we took Let us go down further, Madam leaders who were then being pressured aggressive action. We said, ‘We’re not Speaker. During this same period of to relax our policies relative to tech- going to let China steal our tech- time, China and Russia were both vio- nology being sold abroad. nology.’’’ lating international arms control Madam Speaker, these two charts Well, that is what he said. The color agreements. The Missile Technology represent the pictorial view of the Cox in the blue, Madam Speaker, and all Control Regime, the control of exports. committee report. They represent what the red dots you see here, just under We caught them on a number of occa- needs to be explored further. Space Launch alone, 15 separate ac- sions. In fact, in last night’s special I am not here as a partisan, Madam tions after this administration knew order, and again the American people Speaker. Both times I ran for mayor of that China had stolen our design tech- can read this through my web site or my hometown I was the nominee of the nologies that they took in 3 years to get a copy of it through the CONGRES- Republican Party and the Democrat give more technology to countries like SIONAL RECORD last evening—and I did Party both times I ran. I work with China. And that is across the board, not do the work, the Congressional Re- many Democrats in this body and fre- Madam Speaker. So the blue indicates search did the work—we documented quently get up on the floor of this where this administration knew that the arms control violations that we House and praise our Democrat col- China was trying to acquire this tech- caught Russia and China involved in leagues for their leadership role on de- nology and doing it illegally, opened over 6-year time period. Here is that fense and security issues. I have joined the floodgates even further for more chronology as documented by the Con- with members of the Democrats on a technology. gressional Research Service. number of key issues involving social There is one more factor here, policy, family medical leave, environ- b 2230 Madam Speaker. All of us in America mental policies, protection for our know when the elections were held. It The dates, the type of transfer, who workers, and I have supported the is kind of interesting when you look at the transfer went to are all docu- President and the administration in this chart from a distance that the mented. This was not done by some some of those issues which my party bulk of the clustering of these dots are partisan group; it was done by the Con- has not been supportive of. But, in and around the time frame of 1996. I gressional Research Service, a part of Madam Speaker, when it comes to na- wonder what was happening in that the Library of Congress. tional security, we have a big problem year, Madam Speaker? Might that have These violations of arms control here. This needs to be looked at beyond been the year when the presidential agreements by China, were they sent the Cox committee. elections were being held? Could there technology? Where did they send the To me, I know why in my mind Janet be some coincidence that many of technology to? Let us look at the Reno turned down the recommendation these key decisions in terms of policy chart. of Louis Freeh based on the memos changes were being done because elec- Well, they sent technology to Paki- sent by Charles LaBella to appoint an tions were being held and maybe people stan, Iran; Iran? North Korea. Syria. independent counsel. I am convinced, were interested and from the stand- They sent solid propellant production Madam Speaker, the evidence is there. point of corporate America in having technology to Libya, Iran, Egypt. They I am convinced that 99 percent that we policymakers make determinations to sent missile accelerometers and gyro- have been told we have not seen yet allow more products to be sold over- scopes to Iran, Syria, Libya, Egypt and has far more than many people in this seas, could that be a reason? That is Pakistan. They sent antiship missiles country want to become public. what the LaBella memorandum re- to Iran. They sent more material to I am also convinced, Madam Speaker, ferred to, Madam Speaker, that this Pakistan; chemical weapons tech- that we had better pay attention here. country needs to see for itself, the rea- nology to Iran again. This is not some story about a dress, sons why these decisions were made. All of these transfers done by China. this is not some intern in the White Why did we change our policy so much? What was the response of this admin- House. This is not some story about a Why did we allow access? Why did we istration? Nothing. travel office. This is not even about Re- totally decontrol technologies in a way On, yes, two times out of about 17 or publicans or Democrats. Madam that was not being aware and cognizant 21, I forget which it is, they did impose Speaker, this is about the very core of of our own security concerns? temporary sanctions; but they eventu- what our country is about. No one, no But it goes beyond these issues, ally waived them. party official in either party, no elect- Madam Speaker. Let us move down to So not only are we getting Chinese ed leader, has the right to allow a this next item here. PRC Nationals to access in a way they never had access wholesale technology faucet to open U.S. High Tech Companies. It was in before, not only were we helping to ex- that we are going to have to pay the 1994, in fact it was in March, that Chi- pedite and grease the skids for the fi- price for. nese nationals to our U.S. labs and our nancing of the purchase of tech- Now, if I am overreaching, Madam U.S. high tech companies was allowed. nologies, but we were ignoring viola- Speaker, I do not think I am because, The COMEX review of foreign nationals tions of arms control agreements that a member of the Cox committee having was abandoned, by this administration. China was required to abide by. We did sat through as many of those meetings That was in 1994. I am sure that was not call them on these violations. as any one of my colleagues, with per- done because the companies wanted And at the bottom of the chart, haps the exception of Chairman Cox less hassle of foreign nationals going Madam Speaker, even though I could himself, I know what evidence the FBI into our high tech companies. And over not complete it, I was only able to do and the CIA has, and I have only seen here in 1997, we revised our deemed ex- this up through 1996, I list a number of a small fraction of what is not on this ports policy to allow foreign nationals times that the major players in the chart. I know there is much more. to work at U.S. high tech companies. Chinese financing scams visit at the If there is nothing there, Madam Now, that was in 1997. These were deci- White House, not visited Members of Speaker, the President can clear this sions made that allowed more Chinese Congress, but were in private visits in entire issue up in a heartbeat. All he nationals to work in our high tech the White House itself. has to do is release the entire un- companies in America. And how about In the case of John Huang, in the one abridged version of the Charles LaBella the high tech furnace approval for year of 1993 alone, we know of 12 times memo to Louis Freeh. If there is noth- weapons of mass destruction? That ap- he was in the White House. In 1994, ing to hide, if there is nothing to these proval was given in 1998, Madam twice; in 1995, let us see, one, two, connections, if there is no story, I will Speaker, a technology that gives China three times; or 1994, three times; 1995, be happy. capability for the production of weap- three times. These are people that are I do not think that is the case, ons of mass destruction. Even though involved in that elaborate scheme of Madam Speaker. I think the reason June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3847 why Janet Reno did not accept Louis my colleague, the gentleman from The gentleman from Texas (Mr. Freeh’s recommendation, based on Pennsylvania (Mr. WELDON). We have ARMEY), one of our Republican leaders LaBella’s memo, is because she knew worked together over these last 10 here in the House, defines ‘‘insanity’’ what is there. That document that years while I have been a Member of as doing more of the same, but expect- LaBella prepared, which I understand Congress on many, many occasions, ing the results to be different. Well, for is quite voluminous, goes into exten- and I find Congressman WELDON to be a 10 years the cause of freedom in China sive detail and actually points to indi- patriot, a man of integrity, a man of has been in decline. Things are getting vidual people. courage, and I think when all of this is worse. So much for the engagement Madam Speaker, this country, this said and done, when we find out the theory, the strategy of engagement, democracy, needs the American people jeopardy that our country has been put and what we hear from those people ad- and its elected officials to see the over- in and take the measures that are nec- vocating normal trade relations and to view of the evidence that LaBella gave essary to correct this situation and to continuing our relations with China is to Freeh that now remains closed and make our country safe again, the gen- doing more of the same, but expecting confidential. If there is nothing there, tleman from Pennsylvania (Mr. that China is going to be different, that then there is no problem with the WELDON) will be on the list of real there will be different results now. memo; if there is no evidence, if there American heroes that came about to Well, that makes no sense. It is the is no story, if there is no substance, the save the day, and I am just proud to unreasonable and perhaps irrational whole thing will go away, and the serve with him. optimism of some people to assume China story will end, and we will make Madam Speaker, tonight it is fortu- that continuing our fundamental poli- the necessary corrections to our own itous that I will be speaking after the cies toward China will bring about dif- policies. gentleman from Pennsylvania (Mr. ferent results than the retrogression Madam Speaker, I would encourage WELDON) because my remarks are in that we have seen in the past decade. every one of our colleagues and every parallel with what Mr. WELDON has In the past 10 years, the genocide, for constituent in every district of a Mem- been talking about. It goes into a example, has continued in Tibet. The ber of this body and the other body to slightly different subject. Tonight I Chinese democracy movement has been demand that this administration do will be talking about Most Favored Na- wiped out, and there has been increas- one thing: release the full text, the un- tion status and our economic, as well ing belligerence by the clique that runs censored text, of the Charles LaBella as military and diplomatic, relations China. The Beijing regime is modern- memorandum to Louis Freeh. Let us with China. But of course everything izing and expanding its military power see what evidence they thought may be that Mr. WELDON has said today ampli- while threatening the United States there in terms of a greater scheme for fies the need that I will be dem- and bullying its neighbors, especially the Chinese to acquire technology by onstrating for us to reexamine Amer- in Taiwan and the Philippines. facilitating and greasing the skids of ican policy towards Communist China. Big business falsely claims that certain key people and certain key In fact, let me state right at the be- China is a country that is liberalizing agencies that ended up with America’s ginning that when it comes to Com- through commercial engagement. security being harmed. That was the munist China, we have been treating a There is no evidence for that claim. So unanimous vote of all nine members of hostile power, the world’s worst human every time you hear it: Well, we have the Cox committee, that America’s na- rights abuser, as a strategic partner, got to engage them, that is what will tional security has been harmed by the that is what this administration has make them better; just be aware that actions that we investigated in the Cox insisted on us calling Communist there is every evidence to show just the committee work. China, and I believe that Americans opposite. In fact, the empirical evi- We cannot just stop with this docu- will pay a woeful price for this irra- dence shows that China is going in the ment, and we cannot rely on the main- tional, amoral and greed-driven policy opposite direction, that engagement is stream media because with the excep- if we do not change it, and that is what not making things better, is not caus- tion of a few people like those that I we need to do to change that policy ing a freer China, but instead for the have mentioned and some others, the that has been in place to some degree last 10 years has resulted in more re- mainstream media is too stinking lazy or another for 2 decades, but especially pression, more militarization. to go through the investigative details in these last 6 years. Furthermore, the trade relationship necessary to uncover what is here. We Yesterday I introduced legislation to is working against the people of the need to have this administration come do just that, to change that policy. It United States. So here we are in an clean, give us the uncensored text of is a bill of disapproval of extending so- economic engagement that is not help- what Charles LaBella said to Louis called ‘‘normal trade relations,’’ which ing us bring about a freer China, thus, Freeh which only went to Janet Reno. was previously known as Most Favored less belligerent, thus a China that will When that happens, we will then know Nation status, with Communist China. be more peaceful. It is not doing that, the true extent of the China connection So what my proposal is is that we deny but it is also not even helping us eco- and its impact with this administra- Communist China normal trade rela- nomically. tion. tions status with the United States, formerly called Most Favored Nation f b status. 2245 ANNOUNCEMENT BY THE SPEAKER The time, Madam Speaker, is long The Chinese are using their $60 bil- PRO TEMPORE since past when the United States lion annual trade surplus with us to The SPEAKER pro tempore (Mrs. should reexamine its fundamental poli- modernize their Armed Forces, includ- BIGGERT). The Chair will remind Mem- cies toward the Communist dictator- ing building nuclear missiles aimed at bers to refrain from making personal ship that now rules the mainland of the United States, and they are con- references towards the President. China. Our commercial policies, as well tinuing to proliferate weapons of mass f as our diplomatic and military poli- destruction. For example, Communist cies, for the past decade have worked China is reported to be the power be- INTRODUCTION OF LEGISLATION against the interests of our own people hind North Korea’s space program. Get TO DENY COMMUNIST CHINA and have not, as we had hoped, in- into that. NORMAL TRADE RELATIONS creased the level of freedom enjoyed by North Korea has a space program. STATUS the Chinese people. In fact, some of the This is a country that has people who The SPEAKER pro tempore. Under initial progress that we saw in China are starving by the thousands, that we the Speaker’s announced policy of Jan- has now gone in the opposite direction, are giving millions of dollars worth of uary 6, 1999, the gentleman from Cali- especially since the end of the Reagan food aid to, but they have a space pro- fornia (Mr. ROHRABACHER) is recognized administration and the tragic national gram? You got it. Communist China is for 60 minutes. reversal in China in 1989 at Tiananmen helping the North Korean regime with Mr. ROHRABACHER. Madam Speak- Square when they had the massacre at a so-called space program. In other er, first of all, I would like to commend Tiananmen Square. words, they are helping them build H3848 CONGRESSIONAL RECORD — HOUSE June 8, 1999 rockets that, when tested, end up fly- benefits so they would not proliferate, grand poobah of nuclear openness, as ing right over Japan and land close to yet we know now they are proliferating we have seen by what Mr. WELDON told Alaska. and developing weapons of their own us this evening. In fact, she massively North Korea, of course, is not the and giving them to these hostile and declassified secrets and put them on only looney country Communist China somewhat crazy states, states that are the Energy Department’s web site, in- is helping along with deadly weapons lacking in positive and responsible cluding the diagrams of some advanced technology. You have got Iran, Libya, leadership. But Communist China is nuclear weapons which we saw tonight Pakistan, all have benefitted from Bei- shipping them these weapons of mass in Mr. WELDON’S presentation. jing’s helping hand. Of course, some of destruction technology anyway, even When asked about that recently, Mrs. the technology now being handed over though they have made these agree- O’Leary said, ‘‘we pulled off an impos- is technology based on things that they ments. sible feat,’’ and she recently boasted have stolen, on ideas and engineering The Chinese are shipping these rogue this while defending her action. She techniques that they have stolen from nations missile components, some of went on, ‘‘To say that all of our efforts the United States of America. which, of course, are American prod- were negative is not to understand the On April 15 the Washington Post ucts as well as American knowhow, and benefits, not to see what we did in cited a Pentagon study that verified they are shipping the components rath- terms of building international trust.’’ China is continuing to ship weapons of er than shipping the whole missile. See, the idea is if everybody had all mass destruction technology to the That way they are saying they are not this information, information about Middle East and South Asia, despite re- really proliferating missiles to these deadly weapons technology that we had peated promises to end such activity. other countries. spent hundreds of billions of dollars de- A separate U.S. intelligence report But they are. They are proliferating veloping, that if everyone had it, well found that China has recently provided on a routine basis, of course, without then, it might be a more peaceful North Korea with specialty steel used technically breaking the agreements world. This is worse than the Rosen- in the building of missile frames. How- with the United States, by just sending bergs. This is looney tunes. This is ever, the State Department officials, the parts to the missile. This nefarious someone who has a fanatical anti- including Secretary of State Madeleine behavior could be, we might call it the American altitude in a position to Albright, have repeatedly avoided an- Mandarin version of a famous Arkansas hand over to our worst enemies secrets swering questions before the House homily, ‘‘smoke, but don’t inhale.’’ that put our young people and our Committee on International Relations After reading the Cox report, one is country in jeopardy. hearings when asked about China’s on- struck by the mind-boggling loss of our Needless to say, most defense experts going proliferation activities. country’s most deadly secrets. When obviously disagree with Mrs. O’Leary’s When Secretary Albright was in you hear the gentleman from Pennsyl- bizarre, and I would say strange, logic. China last summer with the President, vania (Mr. WELDON) explain the mag- It takes more than a postgraduate de- China conducted its first successful nitude of the loss that we have seen, it gree from an ivy league school to have test of a motor for its new DF–31 bal- takes your breath away and makes you logic like this. However, O’Leary could listic missile that can strike the wonder how our children will live, what not have undertaken this massive give- United States from the Chinese main- type of lives they will live, whether or away of a decade of brilliant and costly land. So here was the President of the not America could be incinerated by a weapons research that permitted the United States, so eloquent in his pres- Chinese dictatorship that feels it can United States to be the arsenal of de- entation, there he was representing us, afford to lose hundreds of millions of mocracy, she could not have done this along with Secretary of State Albright, people if it means wiping out its without at least the tacit support of supposedly representing our interests. enemy, 100 or 200 million Americans. the Commander in Chief. They were aware that this new missile The theft of U.S. nuclear secrets by The New York Times surmised that engine was being tested, a missile en- Communist China is surpassed only by the new age defense policy emanating gine that could threaten the people of the complete abandonment of security from the White House explains why the United States. They were also precautions at our Department of En- Mrs. O’Leary did this. It explains also aware that weapons technology had ergy under the Clinton Administration, the administration’s slow response been stolen from the United States as well as a brazen attempt by the when confronted with very real evi- that would permit Communist China to Clinton Administration to keep the dence of Chinese spying and the loss of build warheads, nuclear warheads, that knowledge of this catastrophic transfer blueprints for frighteningly powerful would be on the top of those new rock- of weapons technology, to keep the weapons. ets, and these rockets could strike the news of this from the Congress and the In 1993, O’Leary told a news con- United States. American people. ference at the start of the openness Yet there was no record of the Sec- On May 30, the New York Times re- process, ‘‘The United States must retary of State or President Clinton ported the utter cynicism and duplicity stand as a leader. We are declassifying raising this issue with their Chinese of the Clinton administration con- the largest amount of information in hosts. Instead, they continued on that cerning our nuclear weapons programs. the history of our department.’’ visit to praise the increasingly, I would After the Cox committee released its O’Leary also did away with a counter- say increasingly brazen communist report on Chinese espionage at our nu- intelligence effort, security badges and leaders, as being strategic partners, clear labs, Bill Clinton called pro- effective security clearances. She strategic partners, and the type of peo- tecting atomic secrets ‘‘a solemn obli- eliminated all of these, as Mr. Weldon ple that we can do business with. gation.’’ That is what President Clin- alluded to a few moments ago. This is very sad. It is more than sad, ton called it. Remember the promise to reinvent it is frightening. The recent Pentagon However, in private, administration government? Remember that promise? report describes how Chinese Govern- officials told reporters, and this is re- Well, this is it. This administration re- ment owned companies are selling ported by the New York Times, that invented our government policy to- weapons technology and knowhow and openness, a euphemism for giving away wards its labs. You might say they providing training to countries such as our nuclear secrets, has its advantages, turned our nuclear labs into a high- Iran and Pakistan. An American mili- despite the risks, and has been a potent tech K-Mart, I guess in Arkansas you tary official familiar with the report force for international good. might say Wal-Mart, in terms of the said that the Chinese are skirting non- Hazel O’Leary, who the gentleman giving away or making available to proliferation treaties with the United from Pennsylvania (Mr. WELDON) has international missile technicians and States. also quoted and talked about some of spies information that we invested bil- So they have agreed not to pro- her policies, in fact Mr. WELDON was lions of dollars to develop. liferate. This was the President’s great right on target and this will even add This was not a going-out-of-business accomplishment, supposedly, with to what Mr. WELDON was saying, Hazel sale on the part of the United States Communist China. We were going to O’Leary, President Clinton’s Secretary Government; this was a going-out-of- give them all sorts of things in trade of Energy from 1993 to 1997, was the sanity sale on the part of the United June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3849 States Government. Those who bene- foreign power, but especially the Com- It would not be a big problem. We fitted the most were the minions of the munist Chinese? would not like it, but it is a democratic People’s Republic of China, the Com- And how, Madam Speaker, could we country. Great Britain is not aiming munist Chinese, our erstwhile con- have an Attorney General, given the its weapons at the United States. We structive strategic partners. number of wiretaps for national secu- cannot perceive and conceive of a situ- Madam Speaker, I yield to my friend rity that were authorized, fail to au- ation where they will. from Arizona. thorize the two wiretaps involving one But what we are talking about when Mr. HAYWORTH. Madam Speaker, I Wen Ho Lee, the accused assailant who someone says that, well, we spy, they want to thank my friend from Cali- would surrender our nuclear secrets to spy, everybody spies, what they are fornia and our colleague from Pennsyl- the Communist Chinese? talking about is a moral equivalency vania (Mr. WELDON) who preceded us in Again, Madam Speaker, as my col- argument. This is the same moral the well of the House. If there have league, the gentleman from California, equivalency argument that says there been two among the 435 honored to as our friend, the gentleman from is nothing, no difference between a de- serve in this chamber, it has been the Pennsylvania, so eloquently pointed mocracy and a vicious dictatorship. gentleman from Pennsylvania and the out, this is not a matter of being Re- What this leads to is this, this leads gentleman from California who, to- publican or Democrat, this is not a to the type of actions that were taken gether, have sounded the clarion call to matter of preening and posturing for by Mrs. O’Leary there at the beginning the extent of the threat which affects the latest spin cycle. of the administration and probably our national security. Indeed, Madam Speaker, this goes to consistent with the President’s world Madam Speaker, I was honored ear- the core of our national security and theory that you can just shovel all this lier today to bring to this floor a meas- the security of every American family information out so every country can ure that deals with the educational se- and our place in the world, and those have it, regardless if they are a dicta- curity of rural America, and it is worth who would oppose us and use our tech- torship or a democracy, and it will not noting that there was not a single nology against us. That is what we deal make any difference. member of this House present who with. It is more likely, and this is the mo- voted against the legislation for the Mr. ROHRABACHER. Madam Speak- tive here if you have a moral equiva- New Education Land Grant Act. er, perhaps the most disturbing part of lency argument, we can then let all of Madam Speaker, I said at that time, this whole controversy is the response this information out and we can build this is an issue that affects us not as that we have had from people who are a world authority, and perhaps that Republicans or as Democrats, but as trying to protect the administration was the goal. Americans. Madam Speaker, the full from being held accountable for certain Two things we should know about, House assembled worked its will in bi- things dealing with this controversy. moral equivalency and globalism. partisan fashion. For example, I heard in a committee Moral equivalency and globalism, that How sad it is, Madam Speaker, to see hearing, those of us who were com- is a formula for tyranny. It is a for- what transpires in this town via smoke plaining about this were accused of mula for the destruction of the United and mirrors and spin, when we are vulgar partisanship, as if in bringing States of America. There is nothing dealing with a problem that threatens this up we were doing this out of par- morally equivalent about a democratic the security of every American; to read tisan concerns. country that protects the rights of its in the Little Rock Democrat Gazette I certainly explained at that point people, permits people to worship as from one columnist that this is some that the only thing vulgar and the only they see fit. And yes, we are not per- form of red scare, to have those hurl vulgar partisanship going on was that fect, but we have freedom of speech, verbal brickbats at a clear and present certain people on the other side felt and where we have imperfections, we danger to the United States. compelled to have to try to block those can work together and we can try to As my colleague from California no of us who were trying to investigate make things better. But when there is doubt experienced during the district this, trying to hold those who have a corrupt official, those who complain work period, Madam Speaker, I heard committed this sin against the Amer- are not shot, like they are in Com- from countless constituents, from ican people accountable, claiming that munist China. They are not thrown those who had borne the brunt of bat- we were being partisan in doing so. into a Lao Gai prison system. tle, from those who had worn the uni- Even today we hear people who are There is no moral equivalency be- form of our country in peacetime and apologists for this, and this has to be tween dictatorship and a democratic in war, from those who were concerned labeled a national security catastrophe government, especially the United citizens, asking, what is this Chinese of a magnitude that we have yet to ex- States of America. It is this leftist con- connection? What is this notion of a perience. Even the Rosenberg catas- cept that probably led Ms. O’Leary, strategic partnership that would in- trophe, where Josef Stalin got his Secretary O’Leary, to give this infor- volve illegal political donations to hands on the first nuclear weapon, that mation out. Now it is being used right those who would occupy our highest of- was horrible, that was a bad thing. in front of our eyes to say, well, spies fices in the executive branch, what That affected the entire Cold War. It here, spies there, everybody spies. That would possess business leaders to so probably led to the war in Korea. But is a fallacious argument. jeopardize American security to grant that probably was not as bad for our A country that is a dictatorship, un- technological prowess to the Com- long-term national security as what like a country that is a democracy, munist China, and why would there be has happened here. cannot be a trusted partner of the those within the administration who But we are told even now by these United States and a friend of the would turn a deaf ear and a blind eye people who are trying to say that, well, United States. If we do so, if we put our to the theft of our most precious se- it is not really that bad, and how many faith in dictators and gangsters and crets? times will we hear someone say, we people who commit these types of hei- spy, our allies spy, everybody spies, so b nous abuses against their people, we 2300 how can we blame China? Yes, in a will pay an awful price. We are paying As my colleague from California way, how can we blame China? We have that price today. pointed out, why would there be cabi- to blame the incompetence or culpa- Our administration continues to call net officials who had a curious notion bility of people in our government to it a strategic partner. I yield to the of utopia who would open our national let this happen. gentleman from Arizona (Mr. labs, expose our national secrets, cre- But let me point out, it is not the HAYWORTH), and then I will give some ate an environment in which an em- same when Great Britain or Belgium or reasons why China cannot be a stra- ployee at Los Alamos could put on an Italy or a democratic country spies on tegic partner of the United States. unsecured computer our legacy codes, us. If Great Britain were to receive Mr. HAYWORTH. Madam Speaker, I the width and breadth of American nu- these benefits of all of this research would thank my colleague from Cali- clear knowledge and technological that we have had into these terrible fornia, who eloquently establishes the knowhow to fall into the hands of any weapons systems, no one would worry. dynamic and the challenge which we H3850 CONGRESSIONAL RECORD — HOUSE June 8, 1999 confront as a Nation. Thank God that slave laborer because of his or her Japanese students at our colleagues we are a constitutional republic with faith. and universities, that dancing the rights guaranteed by the first amend- There are at least 2,000 persons in Charleston would help the Japanese ment. prison for so-called turn a different way, that Japan would To those who would abridge those counterrevolutionary crimes. Some 200 be our friend with this type of engage- rights, to those who would turn a jaun- Tiananmen Square protesters, after 10 ment. diced eye to the abuses of others years, are still in prison for peacefully In 1941, these delusions lead to the abroad, to those who would dare de- participating in pro democracy pro- tragedy of Pearl Harbor. Given the le- scribe repressions, totalitarian regimes tests. thal power of today’s weapons of mass as strategic partners, it is time for a During the past 2 months, the Chi- destruction, we would not have the lux- little straight talk. nese Communist government has ury of months to build up our Navy and I know my colleague is familiar with issued new laws, this is just the last 2 our military and our Air Force to re- the work of Bill Gertz, the Washington months, that strengthen the Com- spond to a devastating surprise attack Times national security reporter who munist party and further restrict free- by China’s so-called asymmetrical war- has authored a comprehensive evalua- dom of speech and the formation of po- fare plans. tion of the extent to which our secrets litical parties. In the Xinjiang region, in the far re- have been stolen and leaked to hostile Genocide continues in Tibet where gions known as East Turkestan, that is Nations. The name of the book is enti- hundreds of thousands have perished Xinjiang, the suppression of religion, tled ‘‘Betrayal.’’ since the invasion of 1950. China’s own and that is the Muslim religion and po- I would say not only does Communist statistics show that, during the 1959 litical arrests and executions parallel China present a problem, but North freedom uprising in Tibet 87,000 Tibet- the systematic brutality in Tibet. Korea, Pakistan, Iraq, Iran, those na- ans were ‘‘eliminated.’’ Today the In 1999, Amnesty International docu- tions with whom the Communist Chi- Tibet Information Center in London mented 190 executions of political pris- nese have shared the nuclear tech- cites at least 183 political prisoners at oners in that province after unfair and nology reaffirms the fact that even in the end of 1998, including 246 women. summary trials. The report also cites this alleged post-Cold War era, the The Physicians of Human Rights have 200 political prisoners known to be de- tained at this time with arbitrary ar- world remains a dangerous place. reported the brutal torture of Tibetan One other note I would point out to political prisoners by their Chinese rests continuing. Whether it is Tibet or in East my colleague from California, Madam jailers, and this torture by their Chi- Turkestan, while the local populations Speaker. When we assemble here in nese jailers is rampant. continue to decline, part through early January of the odd-numbered The Chinese Government has re- cently issued a new law in Tibet elimi- forced abortion, part through steriliza- year every 2 years to take our oath of tion, ethnic Chinese, as I have stated, nating religion in and promoting Marx- office, we take our oath of office to the the ethnic Chinese are moving in. ism. This is the Chinese Government in Constitution of the United States. We Hordes of them are coming in and es- Beijing that has kidnapped this young heard the President and Vice President tablishing these areas as colonies, as religious leader who would then take take a similar oath, to uphold and de- resource-rich territories. fend the Constitution of the United the seat of the Dalai Lama someday if China is making major military States; not the U.N. charter, not the he is still alive. What monstrous re- moves, not only on the continent of NATO charter, not a utopian notion of gime would take a little child who is Asia, but is moving towards places like a strategic partnership, but our alle- nothing more than a pacifist religious the Spratley Islands, bullying our re- giance is to our Constitution, to our loader, a figure of pacifism and a reli- gional democratic allies, such as the sovereignty and to our legitimate na- gion of Buddhism, and take him away Philippines and Indonesia, and threat- tional interest. and perhaps murder him. ening the vital sea lanes of the South How tragic it is that it appears those On May 29, the South China Morning China Sea. national security interests have been Post Newspaper reported that, since There are some people who claim bartered away for campaign contribu- March, Beijing has deployed extra that it is wrong to compare the Com- tions, or naively given away for global troops to tighten control over Tibet. In munist Chinese to Hitler and the considerations. addition, they have recruited former Natzis. I agree maybe that that com- Mr. ROHRABACHER. Madam Speak- People’s Liberation Army troops from parison is not right. But I do believe er, I would like to go through a few China to migrate to Tibet to act as that there is a more accurate compari- reasons of why China is not our stra- sort of a civil guard to assure China’s son; and that is, the Communist Chi- tegic partner. People have to under- control of Tibet by force. nese should be compared to the mili- stand, there is a lot of rhetoric about So here we are, here we are fighting taristic regimes in the Japanese era of China being the worst human rights and spending tens of billions of dollars the 1920s, perhaps the regimes of Tojo abuser. People do not understand the to try to thwart ethnic cleansing in and Yamamoto. specifics of what we are talking about. Kosovo, but we are calling the Com- What was the goal of the Japanese in What we have here is the world’s munist Chinese regime our strategic the 1920s? They believed themselves to largest dictatorship. According to Am- partners when they are engaged in eth- be racially superior. They believed nesty International, there are thou- nic cleansing every bit as brutal and they had a right to dominate Asia and sands of political prisoners who remain every bit as tyrannical as what is going to conquer the Pacific. It is ironic that, even today in the Lao Gai forced labor on in Kosovo. in less than 10 years before the attack camps, which are a prison system When some people claim that China in Pearl Harbor, that Admiral where you have basically slave labor. is not a threat to its neighbors, they Yamamoto attended graduate school in Sometimes these are just, as we say, conveniently forget that when Mao Tse the United States at Harvard Univer- thousands of political prisoners who Tung conquered China in 1950, Tibet sity and as a student in the United are making some of these low-cost was a sovereign country with its own States was made aware of many Amer- items, and this suit did not come from language, its own religion, and its own ican military strategies. China. culture. There is no difference, as I say, The Spratley Islands lie close to the between China’s occupation and the coast of the Philippines, Malaysia, and b 2310 genocide of Tibet than Japan’s brutal Indonesia. China is now building for- But perhaps the suit worn by some- occupation and the ethnic cleansing of tifications on these atolls and reefs one who is reading this CONGRESSIONAL Manchuria in the 1930s. while it builds up a blue water navy RECORD or listening tonight is made in The United States tried to pretend at and a submarine force. China. One must remember that that that time in the 1930s that the Japa- Ironically, there has been no mili- suit might have been made by someone nese were not committing an aggres- tarization of these islands, the who simply was a religious believer sion. They had hoped that by trade and Spratley Islands, since the Japanese who was thrown into a prison system finance that the Japanese would be used them as stationery aircraft car- and forced for decades to work as a able to be turned, that the presence of riers during the early stages of World June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3851 War II. The Spratleys were turned in at policy toward China, we are exactly The reason I bring that up, is that in that time, they were turned into mili- the opposite of those who want to over- that same document, on XVIII, it talks tary bases in preparation to invade the look Communist Chinese aggressions. about two companies in particular who Philippines. b 2320 have engaged in significant commer- It was incredibly eerie last Decem- cial interaction with the PRC, having ber, on the eve of Pearl Harbor Day, Those are the ones who are more to do with their missile defense and de- when my special assistance Al Santoli akin to the isolationists of the past. In velopment programs, those being and my good friend Jeff Baxter toured fact, they are relying on wishful think- Hughes and Loral, and I just wanted to the battlefield and the tunnels of ing instead of making the tough deci- read to my colleagues some of the ver- sions that are necessary to avert war. Corrigedor right outside of Manila. And biage that was agreed upon by the bi- We are the realists. We are not isola- on this pleasant tropical mountainous partisan China commission that the tionists. We are the ones who are ask- island, American military men and gentleman from California (Mr. COX) ing for a policy that makes sense when women held out as their ammunition chaired, for the record, having to do confronting a dictatorship. And dic- ran out and they held out against over- with multiple independent reentry ve- tators do not respect weakness. They whelming Japanese occupation force. hicles; having to do with accident in- respect strength, they respect purpose, In fact, my wife’s Uncle Lou was cap- vestigation techniques; having to do they respect people who watch out for tured by the Japanese in the Phil- with testing, modeling and simulation, their own interests. ippines. He was part of the Bataan I introduced a resolution, as my col- hardware design and manufacture of Death March where he saw innocent ci- league is aware. I introduced this reso- these ballistic missiles. vilians being bayoneted and horrible lution yesterday and it is a resolution I quote. ‘‘In both 1993 and ’95, Hughes human rights abuses and abuses and of disapproving the annual extension of failed to apply for or obtain the re- horrible things that happened to those normal trade relations, formerly Most quired Department of State licenses for American prisoners. Favored Nation status, and we would its activities, because Hughes knew That was what happened because of disapprove that. That is what my reso- that the Department of State would be our policy in the 1920s, ignoring what lution states. And this is not intended unlikely to grant the license and that was going on in Japan. That was our to isolate China. Instead, it sends Bei- the licensing process would in any case policy of engagement with the Japa- jing a direct message that the United be lengthy.’’ nese, just as our policy is now to the States will not stand by and let them It goes on to say, and keep in mind Communist Chinese; and they have the bully their neighbors and we will this is a bipartisan unanimous report, same dream the Japanese had, domi- stand, instead, for our own Democratic ‘‘Hughes also engaged in deliberate ef- nating Asia and the Pacific basin. principles, and we will protect the eco- forts to circumvent the Department of Two days later after my visit to nomic as well as the military interests State licensing requirement.’’ Corrigedor, my friends and I, including of our country. Now, this is the part that I almost Filipino Congressman Roy Golez, a And when we talk about our country, went myself ballistic on the airplane graduate of the U.S. Naval Academy we are not just talking about a small over. ‘‘To this end, Hughes sought the flew over the Spratley Islands in an an- business elite, a clique of billionaires approval of a Department of Commerce tiquated Philippine air force C–130, who make a short-term profit at a time official for its 1995 activities and which is around 150 miles from the when the economic policies are hurting claims to have sought the approval of a Philippines over to the South China us economically and the military con- Department of Defense monitor for Sea. sequences are overwhelming. some of its 1993 activities, although We dropped out of a thick monsoon Madam Speaker, I yield to my col- Hughes knew that neither official was cloud cover to about 500 feet over the league, the gentleman from California. legally authorized to issue the required Spratleys over an outcropping called Mr. OSE. Madam Speaker, I thank license.’’ They knew. Mischief Reef. In that lagoon at Mis- the gentleman from California, and I This goes on. And it is not just chief Reef, within this oval-shaped am particularly pleased to be here with Hughes, it was also Loral. Same page, reef, there were three large Chinese my good friend in the Speaker’s chair. page XIX, volume I of the Cox report, warships. I witnessed hundreds of Chi- I do not speak often on the floor, and I and these are not my words, this is a nese construction workers with sparks welcome the chance to come down bipartisan unanimous writing of the re- flying off their welding torches, build- today. port, ‘‘Loral and Hughes deliberately ing permanent military structures on I, in particular, was sitting in my of- acted without the legally required li- that reef 150 miles off the coast of the fice listening this evening to the dis- cense and violated U.S. export control Philippines, and bracketing the South cussion on the floor and I thought of laws.’’ This has to do with our most China Sea and all of the routes, the the Cox report that I have been read- sensitive equipment, dealing with trading routes that go through there. ing, traveling back and forth to my dis- intercontinental ballistic missiles, tar- Half or three-quarters of the Japanese trict, and in volume I, on page XXIV, it geted potentially on the United States. trade goes through those areas, that talks about the basis from the Reagan Where does this lead? Where does this trading route, that waterway. years for the reaching out to China; lead? Where is the administration? Within 2 months after that flight, that having been a decision on our part Again, this is not put out with any sin- Congressman Golez sent me new photos here in the United States to use our re- gularity. This is a bipartisan report, a showing me a three-story Chinese con- lationship with the People’s Republic unanimously accepted report of the crete command and control building on of China as a strategic offset in the Cox commission. the very site that we overflew. This Cold War with the Soviet Union and Mr. ROHRABACHER. Reclaiming my grab of territory and this bullying of also to buttress our ability to launch time for a moment, Madam Speaker, the Philippines is a warning we ignore space-based vehicles. the first point the gentleman made, at our own peril. The determination of the Permanent one would understand that. During the Again, it is time to fundamentally Select Committee on Intelligence, and Cold War, when we were in a contest change our policies toward the Com- as noted here in the Cox report, again with the Soviet Union, we used the munist Chinese government that con- on page XXIV in volume I, is that that China card. We played the China card. trols the mainland of China. We are not decision, contrary to what people And, yes, just like during World War II, talking about isolating China. Those might hear bandied about by many of when we allied ourselves with Joseph claiming that we are trying to isolate our colleagues, no longer is applicable; Stalin in order to defeat Adolf Hitler, China are setting up a false dichotomy. that the consequence or the necessity which was the major threat to peace We are talking about a rational policy of having Red China as an offset to the and freedom at that time, that was a towards a hostile dictatorship, not an Soviet Union no longer exists because moral thing to do. We were allying our- isolationist policy of ignoring overseas the Soviet Union no longer exists. So selves with one bad group in order to threats. the strategic underpinning of our com- defeat a greater threat. It was okay to In fact, those of us who are advo- mercial interaction with China has defeat Adolf Hitler by working with cating to have a strong and forceful evaporated. the communists, but after Adolf Hitler H3852 CONGRESSIONAL RECORD — HOUSE June 8, 1999 was off the scene and defeated, it was not over in China lobbying for democ- this. But the strength of our constitu- no longer the right thing to do working racy. They are lobbying us. They are tional republic throughout our history with the communists. That is number giving us contributions in order to pro- has been that we heed the call and un- one. tect their slave trade and their blood derstand the threats and understand When Ronald Reagan was President money. the dangers. And we stand again, of the United States and continued to I yield to my friend from Arizona. Madam Speaker, at that very juncture. have this policy of working with China, Mr. HAYWORTH. I thank my col- How tragic the circumstance. But how because the Soviet Union was still our leagues from California. I thank our compelling the call to action for this enemy, even then we were supporting a new Member of the Congress for his Congress and for the American people. democracy movement in China. We perceptive abilities to go right to the Mr. ROHRABACHER. Reclaiming my were supporting those people who were bipartisan report and get to the heart time for a moment, let me just state struggling to build a free China. That of the matter. And as my more senior that the fight on this issue will be over is why there was a great surge of de- colleague from California points out, normal trade relations. If we again mocracy at the end of the Reagan ad- as I sit and hear my two friends reflect renew normal trade relations with ministration. And at Tiananmen on this obscenity committed against Communist China, this body is going to Square, which, of course, happened our constitutional republic, I cannot send the signal to not only Communist help as a student of history step back right after Reagan left office, there was China but to the world that we are and realize how prophetic were the this great upsurge of democracy in backing away, that we do not have the words of our 34th President, Dwight China, and within a few months they will to protect our interests, we do not David Eisenhower, in his farewell ad- were massacred. They were massacred have the will to be the world’s leader, dress when he told us to be mindful of at Tiananmen Square, which was just we do not have the will to even protect the military-industrial complex, of 10 years ago. our own national interests and our own those whose allegiance to our Nation But let me go to this point about the national security. All those who are could be subverted. And we have seen it companies that my colleague from listening, all those people, American in the case of Hughes and Loral, in the California is talking about. I am the people who are out in the hinterland case of Loral, Bernard Schwartz, the chairman of the Subcommittee on wondering what can I do, what can we top contributor to the Democratic Na- do, there are policies that we have to Space and Aeronautics of the Com- tional Committee, and it is tragic that mittee on Science, and it was the ac- make. The Cox report outlined things this transpired. But facts are stubborn that we have to do. First and foremost, tivities of several of these American things. And to look beyond that, to the aerospace companies that first led me we have to quit treating Communist words of the bipartisan report, that China as if it is a friend, as if it is like several years ago to investigate this these companies willfully cir- issue. Great Britain or a democratic society. cumvented American law and, Madam First and foremost, we have to quit I spent 6 months of my life inves- Speaker, this points out an affliction, a tigating that American companies calling it our strategic partner, quit cancer that is infecting the body poli- acting like it is our friend and we have were upgrading communist Chinese tic, when we have those who have rockets. Perhaps my friend from Ari- to recognize that it is a hostile power. sworn to uphold and execute our laws As a hostile power, we do not have zona remembers me stopping on the who refuse to enforce the law and ap- floor and saying something terrible is their scientists combing through our parently have broken those laws. laboratories, we do not have exchange going on here and I am looking into it. My colleague from California, in the programs with their military which I I went around telling people, ‘‘I inves- candor for which he is renowned, point- found out they were having exchange tigated this. I went to the contractors ed a portion of the culpability at the programs with our military. We were and subcontractors.’’ And, finally, I got Congress. But the inescapable fact re- inviting them here, have been having enough information to prove exactly mains that at the other end of Pennsyl- what the Cox report has verified and vania Avenue, there are those who will- them here to see how our military con- there was an official investigation fully, willingly sought the contribu- ducts its business and to train their launched by the Cox report. tions of a foreign power, of those who own military in logistics and how to But what is significant here is these are not citizens of the United States, of run military operations. We have got companies are part of an engagement those who are not eligible to partici- to quit treating them that way. We strategy. My colleagues have to re- pate in our political system to gain po- have to build a missile defense system. member we have set down the rules for litical victory. We have got to do it. We have now these companies to go into China. The At this point, Madam Speaker, we given them the ability to incinerate idea is that engagement will make must ask, what price political victory? our people. Our only hope is to make China more liberal and will then pose The betrayal of our most sensitive sure that we rush ahead with tech- less of a threat to the United States. technologies to put in harm’s way the nology development to protect them But what are we reading? What is the very children the President of the now that that genie is out of the bot- gentleman telling us? What that report United States spoke of at this podium tle. We have got to make sure that the verifies is this policy has had the oppo- in his State of the Union address 2 United States of America ends the site impact. In a horrible way it has years ago when he came here and trading relationship that gives the made us vulnerable like we never bragged to the Congress of the United Communist Chinese $60 billion in hard dreamed we would be vulnerable. Our States that no American child lived or currency. children now are in jeopardy to be in- went to sleep that night under the The Communist Chinese, these people cinerated by these high-tech weapon threat of Russian missiles? What price who run Beijing, they understand what systems we spent billions of dollars to victory, Madam Speaker? What price is going on. At the end of the year, develop. We could not have imagined victory? When those who swear to up- they have $60 billion in hard currency that in our worst nightmare. It has hold and defend the Constitution to do with what they want, to mod- been a wrong policy. We have to go against all enemies, foreign and domes- ernize their weapons, to make alliances back and reexamine it. We have to tic, and provide for the common de- with dictators and gangsters and drug change that policy. fense would allow such a perversion of lords all over the world, $60 billion in And what has it done? It has made us priorities today to the point where we hard currency to destroy us. We have less safe over here. It has not been good have not only the Communist Chinese got to end the rules of the game that for us economically. Our companies are but the outlaw nation that is North gives them that $60 billion. By the way, setting up factories over there to put Korea and the extremist states of Iraq it is not a free trade situation. The our own people out of work. It is cor- and Iran and the others who now pos- Chinese have high tariffs against any rupting our own political process. sess nuclear technology and have with- American products that we want to sell there. And we have permitted them to b in their grasp the ability to harm vir- 2330 tually every American family. have those high tariffs while their Those same companies and other These are questions that cause great goods flood into the United States at companies are lobbying us. They are unease. There is no partisan glee to low tariffs. Is this good for American June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3853 working people? No. In fact, what is want engagement, yes, just the way we The challenges are real. No amount happening when you hear about we would engage Adolf Hitler or Tojo or of spin, no amount of economic pros- have about $14 billion where they say, someone like that. We engaged them in perity, no amount of lip-biting and em- ‘‘They bought $14 billion worth of a way that showed them courage and pathy can obscure them from any quar- goods from us.’’ But if you look at determination and engaged them only ter. And again we offer this because, as what those goods are, those are mainly in a way that would benefit the people I was taught again during our district technologies and manufacturing units, of the United States and the security work period when I had the chance to so that we are building up their capa- of the United States, not in a way that stand alongside veterans in Flagstaff, bilities, their military capabilities and would make them think that we were Arizona, when more than 200 residents their manufacturing capabilities with whimpering cowards. of that city came together to com- that $14 billion, while they flood into b 2340 memorate the sacrifices of our war our market with about $80 billion dead, I was reminded that the words of worth of goods and services which they At the end of the day, when the our Constitution are more than ver- sell to us with almost no tariff. So, in President of the United States goes to biage strewn on parchment. They are a other words, when they talk about, Beijing and says, or Madeleine Albright living, breathing part of us as a people, ‘‘We can’t isolate China, we have to goes to Beijing and mouths some cliche and we dare not, we dare not ignore our trade with them,’’ they are not selling about human rights or talks about, oh, duties and our responsibilities. And cit- our products over there, they are build- you have got to have a better trade izen after citizen came to me express- ing factories over there and they are barrier, lower those trade barriers, you ing their real concerns. doing it by closing factories here. And got to do this, you got to quit perse- Oh, we do not hear about them from here is the real stinger, which I men- cuting Christians, you got to quit the 24-hour news networks, we do not tioned earlier. Most-favored-nation doing these things that get our Con- hear about them except in scant effort status or normal trade relations, as gressmen mad at you; the Chinese dic- by the three major news network an- they say, what does that really mean tators, these gangsters, take that as a chors, but the American people under- in terms of government policy? The sign that we do not believe in a darned stand that Abraham Lincoln, whom real impact of it is, because even if we thing. They take that as a sign that history predestined would preside over do not pass it, people can still sell even our President and even our lead- the most divisive bloody conflict in our things, we are not saying you cannot ers care more about these billionaires history, understood full well that the sell things to China, all it means is if than they do about the American peo- American people, once fully informed, someone is going to set up a factory in ple and the national security. would make the correct decision; and China, he has to do so at his own risk. The SPEAKER pro tempore (Mrs. our role is to fully inform and to an- When he takes his money over there, BIGGERT). The time of the gentleman swer this threat and this cause. he does not get a subsidized loan from from California (Mr. ROHRABACHER) has And I am so pleased that our col- the Export-Import Bank, or the IMF or expired. league from California joins us in his the Asian Pacific Bank or any of these Mr. HAYWORTH. Madam Speaker, I first term that he brings this report; other multitude of financial institu- ask unanimous consent that I be given and I would note, Madam Speaker, that tions that receive U.S. taxpayer funds. the time until the top of the hour when those who may hear these words can All we are talking about is cutting off we have to, by the rules of the House, gain access to the Cox committee re- these big businessmen from having adjourn. port via my office Web site, and I think their investments guaranteed by the The SPEAKER pro tempore. Under my colleague from California has more taxpayers and these very same tax- the Speaker’s announced policy of Jan- he would like to share from that report payers are having their jobs taken uary 6, 1999, the Chair recognizes the and other observations. away because they are setting up fac- gentleman from Arizona (Mr. I would yield to him at this time. tories in China to export back to the HAYWORTH) for the remainder of the Mr. OSE. Madam Speaker, it is ironic United States. time until the top of the hour. that we find ourselves here talking Now, who has it been good for? Who Mr. HAYWORTH. I thank my good about rocket scientists, because under has this economic policy been good for? friend, the gentlewoman from Illinois no circumstances do I pretend to be a It has not been good for our security, in the Chair, and I thank her for the rocket scientist. However I think, like we have already shown that. My col- adroit manner in which she is admin- so many things we are involved in, league from California demonstrated istering the rules of the House this whether it be running our families with that these companies ended up doing, evening, and I thank her for the indul- our spouses or raising our children or what, doing something that strategi- gence to continue this conversation running our businesses, the devil of cally national security-wise is a night- with my two colleagues from Cali- doing anything is in the details that mare, so it is not good for our national fornia until the top of the hour, which are involved. And I want to run security. It is not good for us economi- will be 9 p.m. in the Western States through a few things that are in the cally. They say, ‘‘Oh, look at our big from whence we hail. Cox report in particular related to economic boom.’’ Well, our good, big But, Madam Speaker, it is worth not- what used to be the United States’ economic boom, yes, why do these ing that our words and observations to- quantitative and qualitative edge in Americans have to be investing over- night carry to the American people not technology and what damage has oc- seas in Communist China for us to have a paranoia, not a panic, but a clear, curred as a result of the loss of these a boom? They could invest in a demo- strong resolve that at long last those secrets. cratic country like the Philippines, for of us who are given the constitutional As many people know, the United example, they need investment there. authority to provide for the common States has continually improved its No, they are investing in Communist defense understand the clear and ability to deliver intercontinental bal- China because they can cut one deal present danger that confronts our con- listic missiles, whether it be telemetry with a gangster and they think they stitutional Republic. or design or payloads or what have are going to get a quick profit. We take no glee in it, we wish it were you; year after year after year, com- So who has it been good for? It has not so. But as former President Reagan pared to the situations in other coun- not been good for our country, for our said, facts are stubborn things, and as tries where the technology available, economy, for the working people. It my junior colleague from California for instance to the People’s Republic of has been good for a few billionaires. I points out and the bipartisan words of China or others, was either based on call them Bill’s billionaire buddies. the Cox committee report, there are 1950s design or was wholly unavailable, That is who this China policy has been disturbing conclusions drawn that period. And the reason these things are good for. We have got to have the cour- force us to reassess our national secu- so important and particularly related age to sever ourselves from the policies rity, that force us to reassess our trade to the most current news we hear of the past and fundamentally reexam- policy, that force us to reassess the af- about the loss of secrets from Los Ala- ine those policies and strategies, not fairs of state that ofttimes come under mos and other laboratories is that the for isolation, not for isolation. We the heading of foreign policy. design warheads and the manner in H3854 CONGRESSIONAL RECORD — HOUSE June 8, 1999 which they are delivered are signifi- on their individual web sites so that, We can start, first of all, doing this cantly improved, both in terms of pay- Madam Speaker, those in this country by eliminating their ability to have an load and efficiency, by virtue of having who are citizens, who are concerned, unfair trade relationship with us, by one country steal from us that tech- can have access to this information, supporting my resolution of dis- nology that we have created by virtue full and unfettered, so that they under- approval of normal trade relations in of investment over tens of years and stand the extent to which our national the next couple of weeks, which is billions of dollars. security has been jeopardized. going to come before the body. For instance, what used to be our I yield to my more senior colleague The American people, all of the vet- technology in the 1950s could deliver from California. erans you saw and that I saw and you arguably a relatively small payload ac- Mr. ROHRABACHER. I think we have saw in your Memorial Day services, curately. Over the years we have been certainly outlined tonight the mag- veterans from around the United able to create technology and imple- nitude of the problem, and my col- States, should be here pounding on ment technology that allows us to league from California has dem- doors, demanding, demanding that we shrink the size of our warheads, im- onstrated that what we are talking eliminate most-favored-nation status, prove the delivery system on a ballistic about is the survival or the inciner- that normal trade status with China be missile basis and put multiple war- ation of millions of Americans. I mean, denied. heads in a single delivery system as op- again, it is worse than our worst night- This should be a goal of the Amer- posed to one warhead per delivery. mare could possibly have been 10 and 20 ican Legion and the Veterans of For- The tragedy of the theft of these se- years ago. No one could ever have eign Wars. Patriotic organizations crets is that our ostensible trading imagined that this would come about. around the United States in the next partners now possess the same ability, But I worked for a guy in the White two weeks should mobilize behind this as compared to as few as 10 years ago, House who always said that what is im- and knock on every Congressman’s in the late 1980s, when they were to- portant is not just to focus on the prob- door, and they will listen if the Amer- tally incapable, incapable of delivering lem, but to make sure you always offer ican people speak. Money talks maybe that kind of a weapon on the United a solution, and then look towards the in these campaign contributions, but in States. And the reason that is impor- opportunities that you have. So I a democracy the voice of the people tant is that, as we go forward, as the would just like for a couple of minutes talk louder, and we can be glad we live House wishes and has adopted with its talk about the options that we have in a country where the people’s will national ballistic missile defense plan, and just say, what are they? will be heard. We must invest in de- Number one, first and foremost, we as we go forward, putting that in place, mocracies and invest in democracy. if we have a missile come to our shores have to start off with a missile defense system. We have to move forward with What that means is this: How did with multiple, independent reentry ve- Ronald Reagan win the Cold War with- hicles, the difficulty of preventing missile defense. As my colleague from California just mentioned, it is going out having to fight with the Soviet those weapons from detonating are Union? We faced the same type of in- multiplied logarithmically. It is not to be a lot harder now, because they not only have a missile with one war- cineration, by the way, you are talking arithmetic, it is not geometric, it is about, with the Soviet Union. The So- logarithmic because our ostensible head, and a missile that was pretty un- reliable, but, thanks to some American viet Union had MIRVed warheads too, trading partners, instead of having did they not? They were a horrible again one warhead per missile have companies using technology that we paid for, we paid for it, taxpayers de- threat to our well-being. For decades shrunk the size of their warheads and we lived under that threat. loaded multiple warheads onto the mis- veloped that technology to protect us Ronald Reagan ended it in a number sile, and as they come back into the at- during the Cold War, now it has been of ways. He rebuilt our military mosphere, will release them on target. given away and stolen and actually strength, which is something we need This is something that affects every sold by our major corporate leaders, to do, not only missile defense. But single one of us. It has nothing to do some of these major corporate leaders. what he did, most importantly, was with economic trade in my opinion. So we have to go forward with missile support those people who believe in de- This is a national security issue, and it defense, do it seriously, and do it as if mocracy around the world, whether it is of great concern to me on this issue, the lives of our children depend upon was in Nicaragua, where eventually the as it has been, as you both know and as it. Nicaraguan freedom fighters, who peo- many of the others know here as to our Number two, we have to work closely ple on the other side of the aisle did ev- intervention in Yugoslavia, that we, and reestablish close ties and a trust- erything they could to prevent us from number one, are ignoring the national ing relationship with the democracies helping those people they called the security interests in the case of these of the Pacific and Asia and the Phil- Contras, and eventually there was a ballistic missiles and the information ippines, Japan, Korea and Thailand, free election in Nicaragua, and those that has been stolen relative to tech- which no longer trust in the word of communists, the Sandinistas, were nology and the like in one case, and we the United States, which see us kow- booted out, even though our colleagues are unable to identify a national secu- towing before this communist dictator- on the other side of the aisle said they rity interest in another case, that ship in Beijing. The democratic peoples represent the real will of the Nica- being Yugoslavia. of the world have to know they can count on the United States, and espe- raguan people. b 2350 cially in that area in Asia and the Pa- If we support democracy around the So the gentleman from Arizona’s cific region. world, and that means especially in comment is well made about how to Again, we must go back to Com- China, we should be financing and get access to this. I am sure that the munist China and we must alter our working just like we did with Lech gentleman from California (Mr. COX) fundamental relationship, quit treating Walesa in Poland and freedom move- has it on his web site. I would encour- them as a friend and begin treating ments, what Ronald Reagan did all age every American to at least read the them as a hostile power, which means over the world. We should focus on forward summary in volume 1. It is no more military exchanges, no more China as if our very national survival frightening information. It is emblem- scientific exchanges, and especially no depended on us reaching out to the de- atic of the difficulty that we face and more subsidies for our businessmen cent freedom-loving people of China. If the dangers we face in the real world going over there to invest and building any message goes out tonight, it today. up their economy and their capabilities should be Communist China, Com- Mr. HAYWORTH. In fact, I thank my technologically to build these weapons munist China, may be our enemy. That colleague for his comments. you are talking about. It is one thing regime of gangsters may be our enemy. Madam Speaker, I would invite every to have the blueprints. It is another But our greatest ally, our greatest member of this House, with the techno- thing to have the machine tools and ally, is the people of China. The Chi- logical capabilities we all enjoy, to the computer technology in order to nese people are our friends. They are post this unanimous bipartisan report accomplish that. wonderful people. They long for the June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3855 same type of human dignity and free- sion of this Congress to make sure we United States, and as provided by sec- dom and liberty and justice and oppor- provide for the common defense. tion 2 of the act of May 13, 1884 (23 tunity for their families that we long f Stat. 22), to be administered to Mem- for for our families. They do not hate bers, Resident Commissioner, and Dele- the United States. They are not our en- ANNOUNCEMENT BY THE SPEAKER gates of the House of Representatives, emies. We have to do everything to PRO TEMPORE the text of which is carried in 5 U.S.C. work for the freedom-loving people and The SPEAKER pro tempore (Mrs. 3331: build up that democracy movement BIGGERT). The Chair will remind Mem- I, AB, do solemnly swear (or that was wiped out by the Communist bers to direct their remarks to the affirm) that I will support and de- Chinese once Ronald Reagan left office. Chair and not to the television audi- fend the Constitution of the United Let us work with them and build ence. States against all enemies, foreign Radio Free Asia. Let us support the f and domestic; that I will bear true freedom movement. It is what is true faith and allegiance to the same; to our principles. Do not let anybody LEAVE OF ABSENCE that I take this obligation freely, say we are anti-Asian, anti-Chinese. We By unanimous consent, leave of ab- without any mental reservation or are not. We are pro-freedom, and we be- sence was granted to: purpose of evasion; and that I will lieve that freedom is the right of every Mr. FORD (at the request of Mr. GEP- well and faithfully discharge the person of every color of every religion HARDT) for after 5 p.m. On Tuesday, duties of the office on which I am and every ethnic background. That is June 8, on account of personal busi- about to enter. So help me God. our strength. ness. has been subscribed to in person and Mr. HAYWORTH. Madam Speaker, f filed in duplicate with the Clerk of the one can almost anticipate the reflexes SPECIAL ORDERS GRANTED House of Representatives by the fol- action of those who man the spin cy- lowing Member of the 106th Congress, cles elsewhere in the sectors of this By unanimous consent, permission to pursuant to the provisions of 2 U.S.C. capital city, those cacophony of critics address the House, following the legis- 25: that we are certain to hear. lative program and any special orders Honorable DAVID VITTER, First Lou- A couple of notes should be acknowl- heretofore entered, was granted to: isiana. edged as we conclude this time on the (The following Members (at the re- f House floor. I thank both of my col- quest of Mr. MCNULTY) to revise and leagues. extend their remarks and include ex- EXECUTIVE COMMUNICATIONS, Number one, it is not enough to say traneous material:) ETC. everybody does this, for, if that were Mr. FILNER, for 5 minutes, today. Under clause 8 of rule XII, executive the case, we would blame Lyndon Mr. LIPINSKI, for 5 minutes, today. communications were taken from the Johnson for the John Walker Navy es- Ms. NORTON, for 5 minutes, today. Speaker’s table and referred as follows: pionage spy ring that began operation Mr. RUSH, for 5 minutes, today. 2529. A letter from the Administrator, Ag- in the late 1960s. Mr. BROWN of Ohio, for 5 minutes, ricultural Marketing Service, Department of No, the analogy may be somewhat today. Agriculture, transmitting the Department’s quaint, but I think it is appropriate. It Mrs. CLAYTON, for 5 minutes, today. final rule—Raisins Produced From Grapes is one thing to lock your windows and Mr. PALLONE, for 60 minutes, today. Grown in California; Increase in Assessment Rate [Docket No. FV99–989–2 FIR] received doors and set an alarm and go on vaca- Mr. OWENS, for 60 minutes, today. May 17, 1999, pursuant to 5 U.S.C. tion and have folks cut that alarm off, (The following Members (at the re- somehow circumvent that system, 801(a)(1)(A); to the Committee on Agri- quest of Mr. OSE) to revise and extend culture. come into what you thought was your their remarks and include extraneous 2530. A letter from the Chairman and Chief secured home and steal your secrets. material:) Executive Officer, Farm Credit Administra- It is quite another thing for your Mr. FLETCHER, for 5 minutes, on June tion, transmitting the Administration’s final neighbor next door to meet the truck 10. rule—Funding and Fiscal Affairs, Loan Poli- of the would-be burglars, to let them in Mr. BURTON of Indiana, for 5 minutes, cies and Funding Operations; Investment the House, to help them find your most on June 15. Management (RIN: 3052–AB76) received May 25, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to valuable possessions, and then to dis- f avow any knowledge of that action. the Committee on Agriculture. ENROLLED BILL SIGNED 2531. A communication from the President And that is just how simple and just of the United States, transmitting his re- how sad the current dilemma we face Mr. THOMAS, from the Committee quests for FY 2000 budget amendments for in fact presents itself. on House Administration, reported the Departments of Commerce, Defense, Jus- A couple of final notes. It is sad that that that committee had examined and tice, State, and Transportation, pursuant to this administration has worked at found truly enrolled a bill of the House 31 U.S.C. 1107; (H. Doc. No. 106—81); to the cross-purposes. It has, on the one hand, of the following title, which was there- Committee on Appropriations and ordered to be printed. deployed American forces to more loca- upon signed by the Speaker: tions than any other administration in 2532. A letter from the Assistant General H.R. 1379. An act to amend the Omnibus Counsel for Regulations, Office of Postsec- the post World War II era, and, at the Consolidated and Emergency Supplemental ondary Education, Department of Education, same time, it has denied the efforts of Appropriations Act, 1999, to make a tech- transmitting the Department’s final rule— this common-sense conservative Con- nical correction relating to international William D. Ford Federal Direct Loan Pro- gress to provide for our national de- narcotics control assistance. gram (RIN: 1840–AC57) received May 25, 1999, fense, to provide the weapons systems, f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to provide the manpower and material. mittee on Education and the Workforce. So you have a situation where there is ADJOURNMENT 2533. A letter from the Director, Regula- Mr. HAYWORTH. Mr. Speaker, I tions Policy and Managment Staff, Food and work at cross purposes. Drug Administration, transmitting the Ad- Worse still, the actions of this Con- move that the House do now adjourn. ministration’s final rule— Indirect Food Ad- gress to provide a missile defense sys- The motion was agreed to; accord- ditives: Polymers [Docket No. 92F–0368] re- tem at long last after the news of the ingly (at 12 o’clock midnight), the ceived May 14, 1999, pursuant to 5 U.S.C. Chinese theft, those on the left joined House adjourned until today Wednes- 801(a)(1)(A); to the Committee on Commerce. us in bipartisan fashion, and yet this day, June 9, 1999, at 10 a.m. 2534. A letter from the Secretary of Health President in subsequent correspond- f and Human Services, transmitting a draft of ence has, pointed out by our majority proposed legislation to provide a program of leader, sought to reassure the Chinese OATH OF OFFICE MEMBERS, RESI- grants to children’s hospitals to support graduate medical education; to the Com- that we would not mount a missile de- DENT COMMISSIONER, AND DEL- EGATES mittee on Commerce. fense system. 2535. A letter from the Assistant Adminis- Madam Speaker, the American peo- The oath of office required by the trator, Bureau for Legislative and Public Af- ple deserve better. It should be the mis- sixth article of the Constitution of the fairs, Agency for International Development, H3856 CONGRESSIONAL RECORD — HOUSE June 8, 1999 transmitting a draft of proposed legislation of proposed legislation that addresses var- the Judiciary, and in addition to the Com- to amend the Foreign Assistance Act of 1961 ious management concerns of the Depart- mittee on Commerce, for a period to be sub- to establish a working capital fund for the ment of Defense; jointly to the Committees sequently determined by the Speaker, in United States Agency for International De- on Armed Services, Small Business, and Gov- each case for consideration of such provi- velopment; to the Committee on Inter- ernment Reform. sions as fall within the jurisdiction of the national Relations. f committee concerned. 2536. A letter from the General Counsel, H.R. 2008. A bill to authorize the Consumer Department of Defense, transmitting a draft REPORTS OF COMMITTEES ON Product Safety Commission to regulate gun of proposed legislation to address various safety, and to ban the importation or manu- management concerns of the Department re- PUBLIC BILLS AND RESOLUTIONS facture of handguns which do not have cer- garding its security cooperation programs; Under clause 2 of rule XIII, reports of tain safety features; to the Committee on to the Committee on International Rela- committees were delivered to the Clerk the Judiciary, and in addition to the Com- tions. for printing and reference to the proper mittee on Commerce, for a period to be sub- 2537. A letter from the Senior Attorney, calendar, as follows: sequently determined by the Speaker, in Federal Register Certifying Officer, Depart- each case for consideration of such provi- ment of the Treasury, transmitting the De- [Omitted from the Record of June 7, 1999] sions as fall within the jurisdiction of the partment’s final rule —Rules and Procedures Mr. SHUSTER: Committee on Transpor- committee concerned. for Funds Transfers (RIN: 1510–AA38) re- tation and Infrastructure. House Concurrent H.R. 2009. A bill to apply the same quality ceived April 30, 1999, pursuant to 5 U.S.C. Resolution 91. Resolution authorizing the and safety standards to domestically manu- 801(a)(1)(A); to the Committee on Govern- use of the Capitol Grounds for a clinic to be factured handguns that are currently applied ment Reform. conducted by the United States Luge Asso- to imported handguns; to the Committee on 2538. A letter from the Senior Attorney, ciation (Rept. 106–171). Referred to the House the Judiciary. Federal Register Certifying Officer, Depart- H.R. 2010. A bill to provide for the estab- Calendar. ment of the Treasury, transmitting the De- lishment of a National Firearm Injury Re- Mr. SHUSTER: Committee on Transpor- partment’s final rule —Federal Government porting System, and for grants to States for Participation in the Automated Clearing tation and Infrastructure. House Concurrent the collection of information on fatal inju- House (RIN: 1510–AA39) received April 14, Resolution 105. Resolution authorizing the ries caused by firearms; to the Committee on 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Law Enforcement Torch Run for the 1999 Commerce. Committee on Government Reform. Special Olympics World Games to be run By Mrs. CHRISTENSEN: 2539. A letter from the Director, Office of through the Capitol Grounds (Rept. 106–172). H.R. 2011. A bill to establish the District Personnel Management, transmitting a draft Referred to the House Calendar. Court of the Virgin Islands as a court under of proposed legislation to amend title 5, Mr. YOUNG of Alaska: Committee on Re- article III of the United States Constitution; United States Code, to provide for appro- sources. H.R. 898. A bill designating certain to the Committee on the Judiciary. priate targeting of early retirement offers by land in the San Isabel National Forest in the By Mr. DEUTSCH (for himself and Mr. Federal agencies; to the Committee on Gov- State of Colorado as the ‘‘Spanish Peaks Wil- WEXLER): ernment Reform. derness’’ (Rept. 106–173). Referred to the H.R. 2012. A bill to amend title XVIII of the 2540. A letter from the Deputy Assistant Committee of the Whole House on the State Social Security Act to provide for coverage Secretary for Fish and Wildlife Parks, De- of the Union. of outpatient prescription drugs under the partment of the Interior, transmitting a [Submitted June 8, 1999] Medicare Program; to the Committee on draft of proposed legislation to amend the Mrs. MYRICK: Committee on Rules. House Ways and Means, and in addition to the Com- National Trails System Act to create a third Resolution 200. Resolution providing for con- mittee on Commerce, for a period to be sub- category of long-distance trails to be known sideration of the bill (H.R. 1401) to authorize sequently determined by the Speaker, in as National Discovery Trails and to author- appropriations for fiscal years 2000 and 2001 each case for consideration of such provi- ize the American Discovery Trail as the first sions as fall within the jurisdiction of the for military activities of the Department of trail in that category; to the Committee on committee concerned. Defense, to prescribe military personnel Resources. By Mr. DUNCAN: strengths for fiscal years 2000 and 2001, and 2541. A letter from the Principal Deputy H.R. 2013. A bill to amend the Inspector Assistant Secretary for Congressional Af- for other purposes (Rept. 106–175). Referred General Act of 1978 to provide for the ap- fairs, Department of Veterans Affairs, trans- to the House Calendar. pointment of the Inspector General of cer- mitting a draft of proposed legislation to f tain Federal agencies by the President of the amend title 38, United States Code, to au- United States; to the Committee on Govern- thorize a cost-of-living adjustment in the PUBLIC BILLS AND RESOLUTIONS ment Reform. rates of disability compensation for veterans Under clause 2 of rule XII, public By Mr. FRANKS of New Jersey (for with service-connected disabilities and de- bills and resolutions were introduced himself, Mr. FRELINGHUYSEN, and pendency and indemnity compensation for Mrs. ROUKEMA): survivors of such veterans, to authorize pay- and severally referred, as follows: H.R. 2014. A bill to prohibit a State from ment of these benefits at full rates for cer- [Omitted From the Record of June 7, 1999] imposing a discriminatory commuter tax on tain Filipinos who reside in the United nonresidents; to the Committee on the Judi- By Mr. CHABOT (for himself, Ms. States, to make improvements in veterans ciary. SLAUGHTER, and Mr. SHIMKUS): home loan guaranty programs, to make per- By Mr. GONZALEZ: H.R. 2005. A bill to establish a statute of manent certain temporary authorities; to H.R. 2015. A bill to amend the Internal Rev- repose for durable goods used in a trade or the Committee on Veterans’ Affairs. enue Code of 1986 to provide a 5-year exten- 2542. A letter from the Director, Bureau of business; to the Committee on the Judiciary. sion for the work opportunity credit and the the Census, Department of Commerce, trans- By Mr. ANDREWS: welfare-to-work credit; to the Committee on mitting the Department’s final rule—New H.R. 2006. A bill to amend title I of the Em- Ways and Means. Canadian Province Import Code for Territory ployee Retirement Income Security Act of By Mr. GUTIERREZ (for himself and of Nunavut [Docket No. 990416099–9099–01] 1974 to require persons who are plan adminis- Ms. BROWN of Florida): (RIN: 0607–AA32) received May 6, 1999, pursu- trators of employee pension benefit plans or H.R. 2016. A bill to amend title 38, United ant to 5 U.S.C. 801(a)(1)(A); to the Committee provide administrative services to such States Code, to repeal the provision of law on Ways and Means. plans, and who also provide automobile in- requiring termination of the Advisory Com- 2543. A letter from the Assistant Secretary, surance coverage or provide persons offering mittee on Minority Veterans as of December Administration for Children and Families, such coverage identifying information relat- 31, 1999; to the Committee on Veterans’ Af- Department of Health and Human Services, ing to plan participants or beneficiaries, to fairs. transmitting the Service’s final rule—Child submit to the Federal Trade Commission By Mr. HERGER (for himself and Mr. Support Enforcement Program; Grants to certain information relating to such auto- POMBO): States for Access and Visitation Programs: mobile insurance coverage; to the Com- H.R. 2017. A bill to amend the Endangered Monitoring, Evaluation, and Reporting (RIN: mittee on Education and the Workforce. Species Act of 1973 to enable Federal agen- 0970–AB72) received April 6, 1999, pursuant to By Mr. BLUMENAUER: cies responsible for the preservation of 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 2007. A bill to authorize the Consumer threatened species and endangered species to Ways and Means. Product Safety Commission to regulate gun rescue and relocate members of any of those 2544. A letter from the Chief, Regulations safety, to ban the transfer of a firearm to, or species that would be taken in the course of Unit, Internal Revenue Service, transmitting the possession of a firearm by, a person who certain reconstruction, maintenance, or re- the Service’s final rule—Election to Claim has been convicted of a violent mis- pair of Federal or non-Federal manmade Education Tax Credit [Notice 99–32] received demeanor, and to ban the importation or flood control levees; to the Committee on May 25, 1999, pursuant to 5 U.S.C. manufacture of handguns which do not have Resources. 801(a)(1)(A); to the Committee on Ways and certain safety features, and to ban the trans- By Mr. HOUGHTON (for himself, Mr. Means. fer of a firearm to, or the possession of a fire- LEVIN, Mr. SAM JOHNSON of Texas, 2545. A letter from the General Counsel, arm by, a person who has been twice con- Mr. HERGER, Mr. MATSUI, Mr. CRANE, Department of Defense, transmitting a draft victed of drunk driving; to the Committee on and Mr. ENGLISH): June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3857 H.R. 2018. A bill to amend the Internal Rev- H.R. 2025. A bill to ban the manufacture of By Mrs. WILSON: enue Code of 1986 to simplify certain rules re- handguns that cannot be personalized, to H.R. 2034. A bill to provide for the estab- lating to the taxation of United States busi- provide for a report to the Congress on the lishment of a School Security Technology ness operating abroad, and for other pur- commercial feasibility of personalizing fire- Center and to authorize grants for local poses; to the Committee on Ways and Means. arms, and to provide for grants to improve school security programs, and for other pur- By Mrs. JOHNSON of Connecticut (for firearms safety; to the Committee on the Ju- poses; to the Committee on Education and herself, Mr. ENGLISH, Mrs. THURMAN, diciary. the Workforce, and in addition to the Com- Mr. FOLEY, Mr. COOKSEY, Mr. SHOWS, By Mr. PAUL: mittee on the Judiciary, for a period to be Mr. SANDLIN, Mrs. CLAYTON, Mr. H.R. 2026. A bill to enforce the guarantees subsequently determined by the Speaker, in WYNN, and Mr. PAUL): of the first, fourteenth, and fifteenth amend- each case for consideration of such provi- H.R. 2019. A bill to amend the Internal Rev- ments to the Constitution of the United sions as fall within the jurisdiction of the enue Code of 1986 to provide that the un- States by prohibiting certain devices used to committee concerned. earned income of children attributable to deny the right to participate in certain elec- By Mr. KING: personal injury awards shall not be taxed at tions; to the Committee on House Adminis- H.J. Res. 56. A joint resolution recognizing the marginal rate of the parents; to the Com- tration. Commodore John Barry as the first flag offi- mittee on Ways and Means. H.R. 2027. A bill to require that candidates cer of the United States Navy; to the Com- By Mrs. JOHNSON of Connecticut (for who receive campaign financing from the mittee on Armed Services. herself, Mr. HOUGHTON, Mr. CAMP, Mr. Presidential Election Campaign Fund agree By Mr. ROHRABACHER: ENGLISH, Mr. FOLEY, Mr. UPTON, Mr. not to participate in multicandidate forums H.J. Res. 57. A joint resolution dis- LAZIO, Mr. BOEHLERT, Mr. GREEN- that exclude candidates who have broad- approving the extension of nondiscrim- WOOD, Mr. LEACH, Mr. SHAYS, Mr. based public support; to the Committee on inatory treatment (normal trade relations EHLERS, Mr. LOBIONDO, Mr. House Administration. treatment) to the products of the People’s GILCHREST, Mr. BASS, Mr. HORN, Mr. By Mr. PITTS (for himself, Mr. SMITH Republic of China; to the Committee on BILBRAY, Mr. KOLBE, Mr. QUINN, Ms. of New Jersey, Mr. MCINTOSH, and Ways and Means. PRYCE of Ohio, Mr. FRELINGHUYSEN, Mr. WOLF): By Mr. BLUMENAUER: Mr. MANZULLO, Mr. OSE, Mr. SMITH of H.R. 2028. A bill to authorize appropria- H. Con. Res. 125. Concurrent resolution ex- Michigan, Mr. HOEKSTRA, Mr. DREIER, tions for fiscal year 2000 for infant and child pressing the sense of the Congress in support Mrs. KELLY, and Mrs. ROUKEMA): health programs under chapters 1 and 10 of of the development and use of firearms per- H.R. 2020. A bill to amend the Internal Rev- part I of the Foreign Assistance Act of 1961, sonalization technology; to the Committee enue Code of 1986 to provide marriage pen- and for other purposes; to the Committee on on Government Reform, and in addition to alty relief, incentives to encourage health International Relations. the Committee on the Judiciary, for a period coverage, and increased child care assist- By Mr. RADANOVICH (for himself, Mr. to be subsequently determined by the Speak- ance, to extend certain expiring tax provi- GIBBONS, Mr. HERGER, Mr. SKEEN, Mr. er, in each case for consideration of such pro- sions, and for other purposes; to the Com- SESSIONS, Mrs. CHENOWETH, Mr. HILL visions as fall within the jurisdiction of the mittee on Ways and Means. of Montana, Mr. STUMP, Mr. WALDEN committee concerned. By Mr. KENNEDY of Rhode Island (for of Oregon, Mr. SIMPSON, Mr. SCHAF- By Mr. BROWN of California (for him- himself and Mr. BROWN of California): FER, Mr. ISTOOK, Mr. CHAMBLISS, and self and Mrs. MORELLA): H.R. 2021. A bill to amend title I of the Em- Mr. PETERSON of Pennsylvania): H. Con. Res. 126. Concurrent resolution to ployee Retirement Income Security Act of H.R. 2029. A bill to amend the National En- honor the ExploraVision Awards Program 1974 and title XXVII of the Public Health vironmental Policy Act of 1969 to require and to encourage more students to partici- Service Act to require group health plans that Federal agencies consult with State pate in this innovative national student and health insurance issuers to provide cov- science competition; to the Committee on erage for human leukocyte antigen testing; agencies and county and local governments on environmental impact statements; to the Education and the Workforce. to the Committee on Commerce, and in addi- By Mr. HASTINGS of Florida (for him- tion to the Committee on Education and the Committee on Resources. By Mr. RAMSTAD: self, Mr. PAYNE, Mr. CHABOT, Ms. Workforce, for a period to be subsequently H.R. 2030. A bill to amend title XVIII of the LEE, and Mr. CONYERS): determined by the Speaker, in each case for H. Res. 199. A resolution to commend the consideration of such provisions as fall with- Social Security Act to improve the process by which the Secretary of Health and Human signing of a cease-fire agreement and to urge in the jurisdiction of the committee con- a swift solution to the crisis in Sierra Leone; cerned. Services makes coverage determinations for items and services furnished under the Medi- to the Committee on International Rela- By Mr. MCINTOSH (for himself, Mr. care Program, and for other purposes; to the tions. PITTS, Mr. ROHRABACHER, Mr. ENGLISH, Mr. TANCREDO, Mr. BLILEY, Committee on Ways and Means, and in addi- [Submitted June 8, 1999] Mrs. CHENOWETH, Mr. SOUDER, Mr. tion to the Committee on Commerce, for a By Mr. TAUZIN: ISTOOK, Mr. SESSIONS, Mr. period to be subsequently determined by the H.R. 2035. A bill to correct errors in the au- HOSTETTLER, and Mrs. MYRICK): Speaker, in each case for consideration of thorizations of certain programs adminis- H.R. 2022. A bill to prohibit compliance by such provisions as fall within the jurisdic- tered by the National Highway Traffic Ad- the executive branch with the 1972 Anti-Bal- tion of the committee concerned. ministration; to the Committee on Com- listic Missile Treaty and the 1997 mutilateral By Mr. SCARBOROUGH (for himself, merce. Memorandum of Understanding related to Mr. SENSENBRENNER, Mr. DELAHUNT, By Mr. HYDE: that treaty; to the Committee on Inter- and Mr. CANNON): H.R. 2036. A bill to protect children; to the national Relations. H.R. 2031. A bill to provide for injunctive Committee on the Judiciary, and in addition By Mr. MCINTOSH (for himself, Mr. relief in Federal district court to enforce to the Committee on Education and the PITTS, Mr. ROHRABACHER, Mr. State laws relating to the interstate trans- Workforce, for a period to be subsequently ENGLISH, Mr. TANCREDO, Mr. BLILEY, portation of intoxicating liquor; to the Com- determined by the Speaker, in each case for Mrs. CHENOWETH, Mr. SOUDER, Mr. mittee on the Judiciary. consideration of such provisions as fall with- ISTOOK, and Mr. SESSIONS): By Mr. THORNBERRY: in the jurisdiction of the committee con- H.R. 2023. A bill to provide a schedule for H.R. 2032. A bill to amend the Department cerned. production of elements for a national missile of Energy Organization Act to establish a By Mr. MCCOLLUM (for himself and defense system; to the Committee on Armed Nuclear Security Administration and an Of- Mr. HYDE): Services. fice of Under Secretary for National Security H.R. 2037. A bill to combat youth violence By Mr. OBERSTAR (for himself, Mr. in the Department of Energy; to the Com- and to protect children from violent crime; LIPINSKI, and Ms. EDDIE BERNICE mittee on Commerce, and in addition to the to the Committee on the Judiciary. JOHNSON of Texas): Committees on Armed Services, and Science, By Mr. WELLER (for himself, Mr. H.R. 2024. A bill to amend title 49, United for a period to be subsequently determined CARDIN, Mr. CRANE, Mrs. JOHNSON of States Code, to require air carriers to con- by the Speaker, in each case for consider- Connecticut, Mr. ENGLISH, Mr. duct safety audits of foreign air carriers as a ation of such provisions as fall within the ju- MCCRERY, Mrs. THURMAN, Mr. FOLEY, condition of approval of certain cooperative risdiction of the committee concerned. Mr. COLLINS, and Mr. JEFFERSON): arrangements between the carriers; to the By Mr. WALDEN of Oregon: H.R. 2038. A bill to amend section 468A of Committee on Transportation and Infra- H.R. 2033. A bill to amend the Communica- the Internal Revenue Code of 1986 with re- structure. tions Act of 1934 to provide that the lowest spect to deductions for decommissioning By Mr. PASCRELL (for himself, Mrs. unit rate for campaign advertising shall not costs of nuclear powerplants; to the Com- MALONEY of New York, Mr. WEINER, be available for communications in which a mittee on Ways and Means. Mr. UNDERWOOD, Mr. DELAHUNT, Mrs. candidate attacks an opponent of the can- By Mr. STARK: MCCARTHY of New York, Mr. MEEHAN, didate unless the candidate does so in per- H.R. 2039. A bill to restore actuarial bal- and Mr. BRADY of Pennsylvania): son; to the Committee on Commerce. ance to the Social Security trust funds; to H3858 CONGRESSIONAL RECORD — HOUSE June 8, 1999 the Committee on Ways and Means, and in tion to the Committees on Ways and Means, tate tax purposes equal to the value of the addition to the Committee on the Budget, Transportation and Infrastructure, and Re- decedent’s individual retirement plans, sec- for a period to be subsequently determined sources, for a period to be subsequently de- tion 401(k) plans, and certain other retire- by the Speaker, in each case for consider- termined by the Speaker, in each case for ment plans; to the Committee on Ways and ation of such provisions as fall within the ju- consideration of such provisions as fall with- Means. risdiction of the committee concerned. in the jurisdiction of the committee con- By Mr. KING (for himself and Mr. STU- By Mr. STUMP (for himself, Mr. cerned. PAK): EVANS, Mr. QUINN, Mr. FILNER, Mr. By Mr. DEFAZIO: H.R. 2059. A bill to amend the Omnibus EVERETT, Ms. BROWN of Florida, and H.R. 2051. A bill to amend title 49, United Crime Control and Safe Streets Act of 1968 to Mr. MCKEON): States Code, to require the Secretary of extend the retroactive eligibility dates for fi- H.R. 2040. A bill to provide for a com- Transportation to investigate and hold pub- nancial assistance for higher education for prehensive assessment of veterans’ ceme- lic hearings in response to petitions claiming spouses and dependant children of Federal, teries; to the Committee on Veterans’ Af- unreasonably high air fares or inadequate air State, and local law enforcement officers fairs. carrier competition at airports; to the Com- who are killed in the line of duty; to the By Ms. GRANGER (for herself, Mrs. mittee on Transportation and Infrastruc- Committee on the Judiciary. KELLY, Mrs. WILSON, and Ms. PRYCE ture. By Mr. LIPINSKI (for himself and Mr. of Ohio): By Mr. DEFAZIO (for himself and Mr. CRAMER): H.R. 2041. A bill to amend title I of the Em- WALDEN of Oregon): H.R. 2060. A bill to amend title 23, United ployee Retirement Income Security Act of H.R. 2052. A bill to provide the State of Or- States Code, and the Internal Revenue Code 1974 to provide to participants and bene- egon with a role in decisions made on envi- of 1986 to make revenues from excise taxes ficiaries of group health plans access to ob- ronmental restoration and waste manage- imposed on fuel used in trains available for ment at the Department of Energy’s Hanford stetric and gynecological care; to the Com- projects for the elimination of hazards of Reservation; to the Committee on Com- mittee on Education and the Workforce. railway-highway crossings, and for other merce, and in addition to the Committee on By Mr. UPTON: purposes; to the Committee on Transpor- Armed Services, for a period to be subse- H.R. 2042. A bill to establish a Commission tation and Infrastructure, and in addition to quently determined by the Speaker, in each on health policy for employer-sponsored the Committee on Ways and Means, for a pe- case for consideration of such provisions as health plans; to the Committee on Education riod to be subsequently determined by the fall within the jurisdiction of the committee and the Workforce. Speaker, in each case for consideration of concerned. By Mrs. KELLY: such provisions as fall within the jurisdic- By Mr. ENGEL (for himself and Mr. H.R. 2043. A bill to amend title I of the Em- tion of the committee concerned. ployee Retirement Income Security Act of BOEHLERT): H.R. 2053. A bill to allow taxpayers to des- By Mr. LUCAS of Kentucky: 1974 to provide to participants and bene- H.R. 2061. A bill to amend title I of the Om- ignate contributions to charity on their re- ficiaries of group health plans access to un- nibus Crime Control and Safe Streets Act of turn of tax and to establish the Checkoff for restricted medical advice; to the Committee Charity Commission to ensure that such con- 1968 to reduce the amount of funds to a State on Education and the Workforce. tributions are paid to the designated char- that does not have in effect certain provi- By Mr. SHERWOOD: ities; to the Committee on Ways and Means, sions; to the Committee on the Judiciary. H.R. 2044. A bill to amend title I of the Em- and in addition to the Committee on Com- By Mrs. MALONEY of New York (for ployee Retirement Income Security Act of merce, for a period to be subsequently deter- herself and Mr. CASTLE): 1974 to provide to participants and bene- H.R. 2062. A bill to amend the Right to Fi- mined by the Speaker, in each case for con- ficiaries of group health plans access to pedi- nancial Privacy Act of 1978 with respect to sideration of such provisions as fall within atric care; to the Committee on Education financial exploitation of older or disabled in- the jurisdiction of the committee concerned. and the Workforce. dividuals; to the Committee on Banking and By Mr. ENGLISH (for himself, Mr. OSE, By Mr. TOOMEY: Financial Services. Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. H.R. 2045. A bill to amend title I of the Em- By Mr. MARKEY: SHAYS, Mr. SCHAFFER, Mr. FOLEY, Mr. ployee Retirement Income Security Act of H.R. 2063. A bill to provide for a study of SHAW, Mr. GARY MILLER of Cali- 1974 to provide to participants and bene- marketing practices of the firearms indus- fornia, Mr. NETHERCUTT, Mr. ficiaries of group health plans access to try; to the Committee on Commerce, and in SANDLIN, and Mr. DAVIS of Florida): emergency medical care; to the Committee H.R. 2054. A bill to amend the Internal Rev- addition to the Committee on the Judiciary, on Education and the Workforce. enue Code of 1986 to reduce for individuals for a period to be subsequently determined By Mr. FLETCHER: the maximum rate of tax on unrecaptured by the Speaker, in each case for consider- H.R. 2046. A bill to amend title I of the Em- section 1250 gain from 25 percent to 20 per- ation of such provisions as fall within the ju- ployee Retirement Income Security Act of cent; to the Committee on Ways and Means. risdiction of the committee concerned. 1974 to ensure access by participants and By Ms. ESHOO: By Mr. NEAL of Massachusetts: beneficiaries of group health plans to infor- H.R. 2055. A bill to amend the Federal H.R. 2064. A bill to suspend temporarily the mation regarding plan coverage, managed Food, Drug, and Cosmetic Act to improve duty on instant print film; to the Committee care procedures, health care providers, and the safety of imported food, and for other on Ways and Means. quality of medical care; to the Committee on purposes; to the Committee on Commerce. H.R. 2065. A bill to suspend temporarily the Education and the Workforce. By Mr. FORBES: duty on instant print film; to the Committee By Mr. TALENT (for himself and Mr. H.R. 2056. A bill to establish United States on Ways and Means. DOOLEY of California): Government policy regarding the necessity By Mr. PICKERING (for himself, Mr. H.R. 2047. A bill to amend title I of the Em- of requiring the full withdrawal of all Syrian THOMPSON of California, and Mr. ployee Retirement Income Security Act of military, security, intelligence and proxy CHAMBLISS): 1974 to improve access and choice for entre- forces from Lebanon and the restoration of H.R. 2066. A bill to amend the Food Secu- preneurs with small businesses with respect Lebanon’s independence; to the Committee rity Act of 1985 to authorize the annual en- to medical care for their employees; to the on International Relations, and in addition rollment of land in the wetlands reserve pro- Committee on Education and the Workforce. to the Committees on Ways and Means, and gram, to extend the program through 2005, By Mr. BLAGOJEVICH (for himself and Banking and Financial Services, for a period and for other purposes; to the Committee on Mrs. MCCARTHY of New York): to be subsequently determined by the Speak- Agriculture. H.R. 2048. A bill to amend section 922(x) of er, in each case for consideration of such pro- By Mr. RYAN of Wisconsin: title 18, United States Code, to prohibit the visions as fall within the jurisdiction of the H.R. 2067. A bill to require that, for pur- transfer to and possession of handguns, semi- committee concerned. poses of the 2000 census, members of the automatic assault weapons, and large capac- By Mr. HOSTETTLER (for himself, Mr. armed forces on active duty be allocated to ity ammunicition feeding devices by individ- ADERHOLT, Mr. BARTLETT of Mary- their home of record, and overseas military uals who are less than 21 years of age, and land, Mrs. CHENOWETH, Mr. JONES of dependents be allocated to their last United for other purposes; to the Committee on the North Carolina, Mr. LEWIS of Ken- States residence or, alternatively, to the Judiciary. tucky, Mr. MCINTOSH, Mr. PICKERING, same place as the member of the armed By Mr. DAVIS of Virginia (for himself and Mr. TANCREDO): forces; to the Committee on Government Re- and Mr. WOLF): H.R. 2057. A bill to amend the Revised form. H.R. 2049. A bill to rename Wolf Trap Farm Statutes of the United States to eliminate By Mr. SALMON (for himself, Mr. Park for the Performing Arts as ‘‘Wolf Trap the chilling effect on the constitutionally BAKER, Mr. GRAHAM, Mr. National Park for the Performing Arts’’; to protected expression of religion by State and CUNNINGHAM, Mr. STUMP, Mr. PAUL, the Committee on Resources. local officials that results from the threat Mr. GOSS, Mr. CAMPBELL, Mr. ROYCE, By Mr. LARGENT (for himself and Mr. that potential litigants may seek damages Mr. HOEKSTRA, Mr. SOUDER, Mr. MARKEY): and attorney’s fees; to the Committee on the COOKSEY, Mr. COBURN, Mr. MCCRERY, H.R. 2050. A bill to provide consumers with Judiciary. Mrs. KELLY, Mr. FOLEY, Mr. a reliable source of electricity and a choice By Mr. ISAKSON: HAYWORTH, Mr. BARTON of Texas, Mr. of electric providers, and for other purposes; H.R. 2058. A bill to amend the Internal Rev- SESSIONS, Mr. SENSENBRENNER, and to the Committee on Commerce, and in addi- enue Code of 1986 to allow a deduction for es- Mr. CALVERT): June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3859

H.R. 2068. A bill to amend title XVIII of the H.R. 2081. A bill to provide for the appoint- H.R. 175: Mr. YOUNG of Alaska, Mr. Social Security Act to remove the sunset ment of an Assistant United States Attorney PALLONE, Mr. MENENDEZ, Mr. MCCOLLUM, Mr. and numerical limitation on Medicare par- for each judicial district for the purpose of GONZALEZ, Mr. MARTINEZ, Mr. TOWNS, Mr. ticipation in MedicareChoice medical sav- prosecuting firearms offenses; to the Com- KIND, Mr. GREEN of Texas, Mr. THOMPSON of ings account (MSA) plans; to the Committee mittee on the Judiciary. Mississippi, Mr. BRYANT, Mr. OWENS, Mr. on Ways and Means, and in addition to the By Mr. YOUNG of Alaska: REYES, Mr. HOLT, Mr. DIAZ-BALART, Ms. Committee on Commerce, for a period to be H.R. 2082. A bill to amend the Internal Rev- EDDIE BERNICE JOHNSON of Texas, and Ms. subsequently determined by the Speaker, in enue Code of 1986 to restore pension limits to WATERS. each case for consideration of such provi- equitable levels, and for other purposes; to H.R. 194: Mr. CAMP. sions as fall within the jurisdiction of the the Committee on Ways and Means. H.R. 206: Mr. GEJDENSON. committee concerned. By Mr. WATTS of Oklahoma: H.R. 219: Mr. CHABOT. By Mr. STARK: H. Con. Res. 127. Concurrent resolution per- H.R. 242: Mr. TERRY and Mr. LATHAM. H.R. 2069. A bill to permit Secretary of mitting the use of the rotunda of the Capitol H.R. 316: Ms. EDDIE BERNICE JOHNSON of Health and Human Services to adjust Medi- for a ceremony to present a gold medal on Texas. care payments to reflect deviations from behalf of Congress to Rosa Parks; to the H.R. 324: Ms. PELOSI. generally accepted practice in overserving or Committee on House Administration. H.R. 353: Mr. PHELPS, Mr. LATHAM, Mr. underserving Medicare beneficiaries; to the By Mr. SHERMAN (for himself, Mr. ORTIZ, and Mr. ISAKSON. Committee on Ways and Means, and in addi- GILMAN, Mr. GEJDENSON, Mr. SMITH of H.R. 354: Ms. PRYCE of Ohio. tion to the Committee on Commerce, for a New Jersey, Mr. LANTOS, Mr. BER- H.R. 363: Mr. PICKETT. period to be subsequently determined by the MAN, Mr. WAXMAN, Mr. ACKERMAN, H.R. 383: Ms. DANNER. Speaker, in each case for consideration of Mr. MARTINEZ, Mr. MENENDEZ, Mr. H.R. 417: Mr. DELAHUNT. such provisions as fall within the jurisdic- HILLIARD, Mr. WEXLER, Mr. ROTHMAN, H.R. 443: Mr. WEINER. tion of the committee concerned. Mr. CROWLEY, Mr. HOEFFEL, Mr. NAD- H.R. 483: Mr. ALLEN and Mr. MALONEY of H.R. 2070. A bill to provide for development LER, and Mr. WEINER): Connecticut. and implementation of a single, unified pro- H. Con. Res. 128. Concurrent resolution ex- H.R. 486: Mr. BOEHLERT, Mrs. BONO, and Mr. spective payment system for post-care hos- pressing the sense of the Congress regarding THUNE. pital services; to the Committee on Ways the treatment of religious minorities in the H.R. 500: Mr. FILNER. and Means, and in addition to the Committee Islamic Republic of Iran, and particularly H.R. 518: Mr. HYDE. on Commerce, for a period to be subse- the recent arrests of members of that coun- H.R. 561: Mr. FRELINGHUYSEN and Mr. MAR- quently determined by the Speaker, in each try’s Jewish community; to the Committee TINEZ. case for consideration of such provisions as on International Relations. H.R. 614: Mr. PICKETT and Mr. CAMPBELL. fall within the jurisdiction of the committee By Mr. BILBRAY (for himself and Mr. H.R. 625: Mr. JEFFERSON. concerned. H.R. 673: Mr. BILIRAKIS. GREENWOOD): By Mr. TALENT: H.R. 688: Mr. MCKEON and Mr. PETERSON of H.R. 2071. A bill to suspend temporarily the H. Res. 201. A resolution recognizing the importance for families to pledge to each Pennsylvania. duty on a certain chemical used in the tex- H.R. 708: Mr. SNYDER. tile industry and in water treatment; to the other to be organ and tissue donors; to the Committee on Commerce. H.R. 710: Mr. TAYLOR of Mississippi. Committee on Ways and Means. H.R. 749: Mr. ISTOOK. By Ms. KAPTUR (for herself, Mrs. H.R. 2072. A bill to suspend temporarily the H.R. 785: Mr. LEWIS of Georgia. MORELLA, Mrs. MALONEY of New duty on a certain chemical used in the paper H.R. 798: Mr. SESSIONS and Mr. THOMPSON York, Mrs. KELLY, Mrs. CAPPS, Mrs. industry; to the Committee on Ways and of Mississippi. JONES of Ohio, Ms. LEE, Ms. WOOL- Means. H.R. 832: Mr. GEJDENSON and Mr. HINCHEY. H.R. 2073. A bill to suspend temporarily the SEY, Ms. MILLENDER-MCDONALD, Mrs. H.R. 835: Mr. HAYWORTH, Mr. KENNEDY of duty on a certain chemical used in water NAPOLITANO, Mr. FROST, Mr. BROWN Rhode Island, Mr. WALSH, Mr. SESSIONS, Mr. treatment; to the Committee on Ways and of Ohio, Ms. ROYBAL-ALLARD, Mrs. HOSTETTLER, and Mr. PAYNE. Means. THURMAN, Mr. REYES, Mrs. NORTHUP, H.R. 845: Mrs. JOHNSON of Connecticut. H.R. 2074. A bill to suspend temporarily the Mr. FILNER, Mrs. MINK of Hawaii, Ms. H.R. 859: Mr. SAM JOHNSON of Texas. duty on a certain chemical used in water JACKSON-LEE of Texas, Ms. HOOLEY of H.R. 860: Mrs. MINK of Hawaii and Mr. treatment and beauty care products; to the Oregon, Mr. COSTELLO, Ms. SLAUGH- ABERCROMBIE. Committee on Ways and Means. TER, Ms. BERKLEY, Ms. STABENOW, H.R. 906: Mr. ENGLE. H.R. 2075. A bill to suspend temporarily the Ms. DELAURO, Ms. RIVERS, Mr. H.R. 965: Mr. GOODLING, Mr. WELLER, Mr. duty on a certain chemical used in photog- FATTAH, Ms. LOFGREN, Mr. CUMMINGS, BOEHLERT, Mr. BARCIA, Mr. SCHAFFER, Mr. raphy products; to the Committee on Ways Mr. CONYERS, Ms. SCHAKOWSKY, Mr. WELDON of Florida, Mr. OWENS, Mr. GREEN of and Means. BROWN of California, Ms. KILPATRICK, Texas, Mr. MCGOVERN, Mr. RAHALL, Mr. H.R. 2076. A bill to suspend temporarily the and Mr. SANDERS): BILBRAY, and Mr. ROHRABACHER. duty on a certain chemical used in peroxide H. Res. 202. A resolution expressing the H.R. 1037: Mr. MORAN of Virginia, Mr. stabilizer and compounding; to the Com- sense of the House of Representatives that WYNN, Ms. LEE, and Mr. MEEHAN. mittee on Ways and Means. the artwork displayed in the Capitol and in H.R. 1053: Ms. LEE. By Mr. BROWN of California: the office buildings of the House of Rep- H.R. 2077. A bill to establish a National H.R. 1071: Mr. FRANK of Massachusetts. resentatives should represent the contribu- Forest Preserve consisting of certain Federal H.R. 1082: Mr. THOMPSON of California. tions of women to American society; to the lands in the Sequoia National Forest in the H.R. 1083: Mr. BAKER, Mr. KINGSTON, Mr. Committee on House Administration. State of California to protect and preserve NORWOOD, Mr. SWEENEY, and Mr. ETHERIDGE. By Mr. RYAN of Wisconsin: remaining Giant Sequoia ecosystems and to H.R. 1093: Mr. GUTKNECHT. H. Res. 203. A resolution acknowledging provide increased recreational opportunities H.R. 1095: Mrs. CAPPS, Ms. SLAUGHTER, Ms. the dedication and sacrifice made by the in connection with such ecosystems; to the RIVERS, Mr. MINGE, Mr. MARKEY, Mr. RUSH, men and women who have lost their lives Committee on Resources. Ms. VELAZQUEZ, Mr. BROWN of California, and while serving as firefighters; to the Com- By Mr. TALENT: Mr. FILNER. mittee on Government Reform. H.R. 2078. A bill to suspend temporarily the H.R. 1108: Mr. CUMMINGS. duty on a certain chemical used in the tex- f H.R. 1111: Mr. SNYDER, Mr. CLEMENT, and tile industry; to the Committee on Ways and Mr. FRANK of Massachusetts. ADDITIONAL SPONSORS Means. H.R. 1149: Ms. KILPATRICK. By Mr. THUNE: Under clause 7 of rule XII, sponsors H.R. 1187: Mr. BARTLETT of Maryland, Mr. H.R. 2079. A bill to provide for the convey- were added to public bills and resolu- PHELPS, Ms. JACKSON-LEE of Texas, Mr. INS- ance of certain National Forest System tions as follows: LEE, Mr. MCCOLLUM, Mr. LIPINSKI, Mr. lands in the State of South Dakota; to the LOBIONDO, Ms. PELOSI, Mr. HEFLEY, Mr. CLY- Committee on Resources. [Omitted from the Record of June 7, 1999] BURN, Mr. MEEHAN, Mr. LATOURETTE, Mr. By Mr. TRAFICANT: H.R. 8: Mr. BILIRAKIS, Mr. JEFFERSON, and MOAKLEY, Mr. SPRATT, and Mr. COSTELLO. H.R. 2080. A bill to amend title 18, United Mr. ABERCROMBIE. H.R. 1193: Mr. TIERNEY, Ms. CARSON, Mr. States Code, to transport maximum security H.R. 14: Mr. GREENWOOD. WELDON of Pennsylvania, Mr. TOWNS, and prisoners across State lines to prisons that H.R. 21: Mr. KING, Mr. BERMAN, and Mrs. Mr. COSTELLO are not classified to handle maximum secu- MYRICK. H.R. 1196: Mr. FORBES. rity prisoners; to the Committee on the Ju- H.R. 25: Mr. FRANKS of New Jersey. H.R. 1229: Mr. NEY. diciary. H.R. 48: Mr. GOODLING. H.R. 1247: Mr. CUNNINGHAM, Mr. SHOWS, Mr. By Mr. UDALL of New Mexico (for H.R. 49: Ms. CARSON and Mr. MOORE. BOEHLERT, Mr. KING, Mr. HYDE, Mr. SKELTON, himself, Mrs. MCCARTHY of New H.R. 72: Mr. LUCAS of Kentucky, Mr. PE- Ms. KAPTUR, Mr. UNDERWOOD, Ms. BERKLEY, York, Mr. MOORE, Ms. KILPATRICK, TERSON of Minnesota, Mr. HALL of Texas, and and Mr. CAPUANO. Mr. WU, Mr. HOLDEN, Ms. HOOLEY of Mr. BLUNT. H.R. 1289: Mr. HINCHEY, Mr. Oregon, and Mr. UDALL of Colorado): H.R. 116: Mr. CLAY. FALEOMAVAEGA, and Mr. UNDERWOOD. H3860 CONGRESSIONAL RECORD — HOUSE June 8, 1999

H.R. 1300: Mr. COSTELLO and Mrs. MORELLA. H.R. 1603: Mr. SENSENBRENNER. H.R. 121: Mr. CALLAHAN. H.R. 1304: Mr. TURNER, Mr. ROTHMAN, Mr. H.R. 1621: Mr. CALLAHAN. H.R. 155: Mr. COLLINS. DICKS, Mr. GARY MILLER of Califonria, Mr. H.R. 1631: Mr. BARCIA. H.R. 179: Mr. ABERCROMBIE and Mr. HOLT, Mr. LOBIONDO, Mrs. MORELLA, Ms. H.R. 1665: Mr. BOUCHER, Mr. FOSSELLA, Mr. CRAMER. BERKLEY, Mr. PASTOR, Mr. GILMAN, Mr. BAR- PICKETT, and Mr. FRANKS of New Jersey. H.R. 184: Mr. BATEMAN. CIA, Mr. WU, Mr. FRANKS of New Jersey, and H.R. 1670: Ms. KILPATRICK and Mr. JACKSON H.R. 205: Mr. HANSEN. Mrs. KELLY. of Illinois. H.R. 212: Mr. NEY, Ms. LOFGREN, Mr. GUT- H.R. 1313: Mr. ABERCROMBIE, Mr. H.R. 1691: Mr. WELLER, Mr. BLUNT, and Mr. KNECHT, Mr. INSLEE, and Mr. COBURN. BLUMENAUER, Mrs. CHRISTENSEN, Mr. BOU- GREEN of Wisconsin. H.R. 218: Mr. GEKAS. H.R. 232: Mrs. MORELLA and Mr. ISAKSON. CHER, and Mr. RAHALL. H.R. 1710: Mr. CALVERT. H.R. 239: Mr. BROWN of California, Mr. H.R. 1315: Mr. DIXON. H.R. 1714: Mr. DREIER, Mr. BURR of North WAXMAN, Mr. DAVIS of Illinois, Mr. JEFFER- H.R. 1317: Mr. KLECZKA. Carolina, and Mr. PICKERING. SON, Mr. CAPUANO, and Mr. GEJDENSON. H.R. 1324: Mr. GILMAN, Mrs. JONES of Ohio, H.R. 1731: Mrs. THURMAN, Mr. BOEHLERT, H.R. 248: Mr. PAUL and Mr. MORAN of Kan- Mr. FARR of California, and Ms. PELOSI. and Mr. BALDACCI. sas. H.R. 1326: Mr. HALL of Texas, Mr. COOKSEY, H.R. 1734: Mr. ESHOO. H.R. 271: Mr. LIPINSKI, Mr. LAZIO, and Ms. Ms. CARSON, Mr. HOLT, and Mr. LAHOOD. H.R. 1776: Mr. ENGLISH, Ms. HOOLEY of Or- BERKLEY. H.R. 1336: Mr. LATOURETTE. egon, Mr. EDWARDS, Mrs. MYRICK, Mr. H.R. 274: Mr. BILBRAY, Mr. LARGENT, Mr. H.R. 1349: Mr. SENSENBRENNER, Mr. RILEY, BALDACCI, Mr. GOODE, Mr. BISHOP, Ms. DAN- ISAKSON, Mr. TURNER, Mr. OSE, Mr. CALVERT, and Mr. JONES of North Carolina. NER, Mr. YOUNG of Alaska, Mr. RAHALL, Mr. Ms. BERKLEY, Mr. DICKS, Mrs. CAPPS, Mr. H.R. 1355: Mr. BONIOR, Mr. LANTOS, and Mr. HILL of Montana, and Mr. UPTON. MOAKLEY, Mr. FARR of California, Mr. GREENWOOD. H.R. 1824: Mrs. NORTHUP, and Mr. NEAL of POMBO, Mr. OLVER, Mr. WELLER, Ms. H.R. 1382: Mr. BACHUS, Mr. PETRI, Mr. AR- Massachusetts. MILLENDER-MCDONALD, and Mr. GEKAS. CHER, Mr. SOUDER, and Mr. PICKETT. H.R. 1839: Mr. GILMAN, Mr. WYNN, Mr. H.R. 303: Mr. HINCHEY, Mr. GOSS, Mr. CLEM- H.R. 1387: Mr. PRICE of North Carolina, and ENGLISH, and Mr. MENENDEZ. ENT, and Mr. HANSEN. Ms. HOOLEY of Oregon. H.R. 1857: Mr. DOYLE, and Mr. HINCHEY. H.R. 315: Mr. BECERRA and Mrs. MINK of H.R. 1388: Mrs. ROUKEMA, Mr. MALONEY of H.R. 1858: Mr. BARTON of Texas, and Mr. Hawaii. Connecticut, Mr. GEJDENSON, Mr. HINCHEY, KASICH. H.R. 347: Mr. HUNTER and Mr. WHITFIELD. USH E AZIO ING NS Mr. R , Mr. D F , Mr. K , Mr. I - H.R. 1862: Ms. SLAUGHTER, Mr. BONIOR, Mr. H.R. 353: Mr. ANDREWS, Mr. GARY MILLER LEE MITH EWIS , Mr. S of Washington, Mr. L of ENGEL, Ms. BERKLEY, and Mr. GEJDENSON. of California, Mr. MURTHA, Mr. FARR of Cali- ODRIGUEZ EEHAN Georgia, Mr. R , Mr. M , Ms. H.R. 1932: Mr. REGULA, Mr. BURTON of Indi- fornia, Ms. HOOLEY of Oregon, Mr. ABER- CHAKOWSKY OSTELLO OYNE S , Mr. C , Mr. C , Mr. ana, Mrs. ROUKEMA, Mr. WOLF, Mr. LAZIO, CROMBIE, and Mr. LARSON. LIPINSKI, Mr. SERRANO, Mr. MCINTOSH, Mr. Mr. SMITH of New Jersey, Mr. FORBES, Mrs. H.R. 354: Mr. GREENWOOD and Mr. COYNE. BISHOP, Mrs. MINK of Hawaii, Mr. NEAL of MORELLA, Mr. EDWARDS, Ms. WATERS, Mr. H.R. 358: Mr. REYES. Massachusetts, Mr. PAYNE, Mr. PASTOR, Ms. MCDERMOTT, Mr. OBEY, Mr. BROWN of Ohio, H.R. 360: Mr. MARTINEZ and Mr. BONIOR. VELAZQUEZ, Mr. MICA, Mr. MATSUI, Mr. Mr. BENTSEN, Mr. DICKS, Mrs. LOWEY, Mr. H.R. 382: Mr. MARTINEZ. STARK, Ms. PELOSI, Mr. PRICE of North Caro- PAYNE, Mr. JEFFERSON, Mr. BORSKI, Mr. H.R. 405: Mr. HOLDEN, Mr. BLUMENAUER, lina, Mr. WALSH, Mr. SHERMAN, Mr. AN- KLINK, Mr. UDALL of Colorado, Ms. DEGETTE, Ms. ROS-LEHTINEN, Ms. HOOLEY of Oregon, DREWS, Mr. MENENDEZ, Mr. SHAW, Mr. Mr. TIERNEY, Mr. MEEHAN, Mr. CONYERS, Mr. Mr. MALONEY of Connecticut, Mrs. KELLY, LAMPSON, Mr. SHAYS, Mr. BAKER, and Mr. MCINTYRE, Mr. CONDIT, Mr. HALL of Texas, and Mr. BARRETT of Wisconsin. CROWLEY. Mr. MCNULTY, Mr. HALL of Ohio, Mr. OLVER, H.R. 413: Mr. GREENWOOD, Mrs. MCCARTHY H.R. 1398: Mr. HERGER. Mr. CAPUANO, Mr. GILCHREST, Mr. GALLEGLY, of New York, Ms. HOOLEY of Oregon, Mr. H.R. 1399: Mrs. THURMAN, Mr. LAMPSON, Mr. Mr. PEASE, Mr. HORN, Mr. UPTON, Mr. ROGAN, LAMPSON, Mr. ALLEN, Mr. WYNN, Mrs. HALL of Ohio, Mrs. MORELLA, Ms. CARSON, Mr. GOODLING, Mr. PORTMAN, Mr. DIXON, Mr. TAUSCHER, Mr. HOLT, Mr. CASTLE, and Mr. and Mr. BROWN of Ohio. MCHUGH, Mr. MARKEY, and Mr. CASTLE. FATTAH. H.R. 1414: Mr. MOORE. H.R. 1937: Mr. SCHAFFER, Mr. HEFLEY, Mr. H.R. 417: Mr. REYES. H.R. 1423: Mr. GREEN of Texas, Mr. OXLEY, MCINNIS, Mr. NORWOOD, and Mr. LARGENT. H.R. 425: Ms. KILPATRICK, Ms. VELA´ ZQUEZ Mr. KOLBE, Mrs. MORELLA, Ms. SCHAKOWSKY, H.J. Res. 55: Mr. HILLEARY, Mr. TIAHRT, and Mr. MARTINEZ. Ms. KILPATRICK, and Mr. REYES. Mr. OSE, Mr. ROHRABACHER, Mr. TURNER, and H.R. 486: Mr. TIAHRT, Mr. DAVIS of Florida, H.R. 1424: Mr. GREEN of Texas, Mr. OXLEY, Mr. CUNNINGHAM. and Mr. SWEENEY. Mr. KOLBE, Mrs. MORELLA, Mr. BARCIA, and H. Con. Res. 34: Mr. QUINN. H.R. 489: Mr. GREEN of Texas, Mr. JACKSON Mr. REYES. H. Con. Res. 60: Mr. REGULA, Mr. MCINTOSH, Illinois, Mr. MEEDS of New York, and Ms. H.R. 1456: Mr. BROWN of California, Mrs. Ms. CARSON, and Mr. SWEENEY. DANNER. H.R. 515: Mr. WU, Mr. VENTO, and Mr. TAUSCHER, Mr. ABERCROMBIE, Mr. CLAY, Mrs. H. Con. Res. 77: Mr. GALLEGLY. MENENDEZ. MORELLA, and Mr. BACHUS. H. Con. Res. 94: Mr. BARTLETT of Maryland, H.R. 531: Mr. LOBIONDO, Mr. BATEMAN, Mr. H.R. 1459: Mr. GOODLING. and Mr. BALLENGER. CLEMENT, and Mr. SESSIONS. H.R. 1463: Mr. HYDE and Mr. FRELING- H. Con. Res. 107: Mrs. CUBIN, Mr. RYAN of H.R. 534: Mr. ANDREWS and Mr. DAVID of HUYSEN. Wisconsin, Mr. SENSENBRENNER, Mr. JONES of Virginia. H.R. 1484: Mr. CLEMENT. North Carolina, Mr. CRANE, Mr. CUNNINGHAM, H.R. 558: Mr. CAMPBELL. H.R. 1485: Mr. BROWN of California, Mr. Mr. SESSIONS, Mr. NEY, Mr. DOOLITTLE, Mr. H.R. 576: Mrs. NORTHUP. MCDERMOTT, and Ms. PELOSI. GIBBONS, Mr. BRADY of Texas, and Mr. H.R. 1491: Mr. HINOJOSA. H.R. 595: Mr. KANKORSKI, Ms. KILPATRICK, FOLEY. Mr. FILNER, and Mr. FROST. H.R. 1495: Mr. RAHALL, Mr. PASTOR, Ms. H. Con. Res. 109: Mr. SKELTON, Mr. WEINER, NORTON, Ms. MILLENDER-MCDONALD, Mr. H.R. 629: Ms. KILPATRICK. and Mr. DAVIS of Florida. H.R. 655: Mr. TIERNEY, Mr. PRICE of North MEEKS of New York, and Mr. DIXON. H. Con. Res. 116: Mr. LEWIS of Georgia, Mr. Carolina, and Mr. MOAKLEY. H.R. 1496: Mr. GUTIERREZ, Mr. JONES of PALLONE, Mr. CUMMINGS, Ms. JACKSON-LEE of H.R. 664: Mr. UDALL of New Mexico. North Carolina, Mr. DEMINT, and Mr. RADAN- Texas, Mr. FRANK of Massachusetts, Mr. H.R. 679: Mr. DAVIS of Illinois. OVICH. MCGOVERN, Mr. MCDERMOTT, Mr. BROWN of H.R. 680: Mr. SMITH of Washington, Mr. H.R. 1520: Mr. JEFFERSON, Mr. ARMEY, Mrs. California, Ms. PELOSI, Mr. BROWN of Ohio, GOODE, Mr. SALMON, and Mr. SANDERS. MORELLA, Mr. FROST, and Mr. SOUDER. Mr. FARR of California, and Ms. RIVERS. H.R. 690: Mr. FILNER and Mr. RODRIGUEZ. H.R. 1546: Ms. DUNN. H. Con. Res. 119: Mr. HOLT and Mr. SHOWS. H.R. 693: Mr. SANDERS. H.R. 1567: Mrs. NORTHUP. H. Con. Res. 124: Mr. LANTOS, Mr. ABER- H.R. 716: Mr. BARR of Georgia. H.R. 1579: Mr. GILLMOR, Mr. BARCIA, Mr. CROMBIE, Mr. COOK, Mr. UNDERWOOD, and Ms. H.R. 721: Mr. FALEOMAVAEGA, Mr. CLEMENT, MEEHAN, Mr. CLAY, Mr. MARKEY, Mr. ROYBAL-ALLARD. and Mr. GILCHREST. TIERNEY, Mr. UDALL of Colorado, Mr. LIPIN- H. Res. 16: Mr. RAMSTAD. H.R. 724: Mr. WEINER and Ms. JACKSON-LEE SKI, Ms. MCCARTHY of Missouri, Mr. KILDEE, H. Res. 41: Ms. HOOLEY of Oregon, Mr. of Texas. Mr. GONZALEZ, Ms. MILLENDER-MCDONALD, NETHERCUTT, Mr. MCINTYRE, and Mr. RADAN- H.R. 732: Mr. BARCIA. Mr. DAVIS of Florida, Mr. LEVIN, Ms. LEE, OVICH. H.R. 750: Mr. MASCARA and Mr. CALVERT. and Mrs. NAPOLITANO. H. Res. 80: Mr. PETERSON of Pennsylvania. H.R. 756: Mrs. NORTHUP and Mr. FLETCHER. H.R. 1584: Mr. CASTLE, Mr. GILMAN, and Mr. H.R. 765: Mr. CHAMBLISS and Mr. SCHAFFER. GREENWOOD. [Submitted June 8, 1999] H.R. 776: Mr. BERMAN, Ms. PELOSI, Mr. H.R. 1585: Mr. INSLEE and Mrs. KELLY. H.R. 7: Mr. CALVERT. WAXMAN, Mr. ENGEL, and Mr. GEJDENSON. H.R. 1586: Mr. BACHUS and Mr. TERRY. H.R. 17: Mr. HULSHOF and Mr. BOEHNER. H.R. 783: Mr. CAMPBELL, Mr. TRAFICANT, H.R. 1592: Mr. CLYBURN, Mr. BARRETT of H.R. 36: Ms. ESHOO, Mr. FARR of California, Mr. PETERSON of Pennsylvania, Mr. BORSKI, Nebraska, Mr. WICKER, Mr. TAUZIN, Mr. PICK- and Mrs. TAUSCHER. Ms. STABENOW, Mr. WELLER and Mr. ABER- ETT, Mr. COLLINS, Mr. KINGSTON, Mr. MORAN H.R. 44: Mr. HINCHEY. CROMBIE. of Kansas, Mr. BURTON of Indiana, Mr. BRY- H.R. 65: Mr. HINCHEY, Mr. CLEMENT, and H.R. 784: Mr. RAHALL, Mr. MCINTYRE, Mr. ANT, Mr. GILMAN, Mr. DICKEY, Mr. PETERSON Mr. HANSEN. DELAHUNT, Mr. HINCHEY, Mr. BUYER, and Ms. of Minnesota, Mr. KING, and Mr. CAMP. H.R. 82: Mr. LOBIONDO and Mr. WEINER. MCCARTHY of Missouri. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3861

H.R. 792: Mr. CANADY of Florida, Mr. H.R. 1180: Mr. LAHOOD, Mr. HOLT, Ms. KAP- Mr. KINGSTON, Mr. CLEMENT, and Mr. WATTS GILCHREST, Mr. ISAKSON, Mr. KINGSTON, and TUR, and Mr. THOMPSON of Mississippi. of Oklahoma. Mr. TERRY. H.R. 1194: Mr. CLYBURN. H.R. 1671: Ms. CARSON. H.R. 797: Mr. BROWN of California. H.R. 1217: Mr. LEACH, Mr. MORAN of Kansas, H.R. 1690: Mr. BROWN of California. H.R. 798: Ms. BERKLEY. Mr. SPENCE, Mr. MOORE, Mr. EVANS, Mr. H.R. 1704: Mr. RAHALL. H.R. 803: Mrs. MYRICK, Mr. LEWIS of Ken- ROTHMAN, Mr. QUINN, Mr. PICKETT, Mr. H.R. 1706: Mr. BURTON of Indiana. tucky, Mr. CALLAHAN, Mrs. THURMAN, Mr. FRANKS of New Jersey, Ms. MCCARTHY of H.R. 1710: Mr. BURTON of Indiana and Mr. WICKER, Mr. DIAZ-BALART and Mr. SMITH of Missouri, and Mr. BILIRAKIS. GRAHAM. Washington. H.R. 1221: Mr. YOUNG of Florida, Mrs. MEEK H.R. 1736: Mr. BARRETT of Wisconsin, Mr. H.R. 804: Mr. DOYLE, Mrs. CAPPS and Mr. of Florida, Mr. COOK, and Ms. SLAUGHTER. ACKERMAN, Mr. TIERNEY, Mr. DEFAZIO, Mr. WEYGAND. H.R. 1227: Ms. PELOSI. BONIOR, Mr. HINCHEY, and Mr. COYNE. H.R. 809: Ms. BROWN of Florida and Ms. H.R. 1228: Mr. MCHUGH. H.R. 1760: Mr. LATOURETTE, Mr. BARCIA, WOOLSEY. H.R. 1254: Mr. DIAZ-BALART. Mr. ETHERIDGE, Mr. NEY, Mr. MCGOVERN, Mr. H.R. 815: Mr. PHELPS, Mr. WATKINS, and H.R. 1256: Mr. BRYANT. HORN, Mr. MCHUGH, and Ms. HOOLEY of Or- Mr. MEEKS of New York. H.R. 1264: Mr. BAKER and Mr. ARMEY. egon. H.R. 817: Mr. HULSHOF. H.R. 1265: Mr. BARTON of Texas, Mr. DIN- H.R. 1773: Mr. COYNE. H.R. 827: Ms. BALDWIN, Mrs. TAUSCHER, Ms. GELL, and Mr. PALLONE. H.R. 1777: Mr. MALONEY of Connecticut and CARSON, Mr. UDALL of New Mexico, Ms. NOR- H.R. 1272: Mr. HOSTETTLER. Mr. HINCHEY. TON, Mr. GILCHREST, Mr. THOMPSON of Mis- H.R. 1273: Mr. BLUNT. H.R. 1788: Mr. BALLENGER, Mr. FROST, Mr. sissippi and Mr. COSTELLO. H.R. 1287: Mr. FOSSELLA and Mr. EWING. SANFORD, Ms. SCHAKOWSKY, Mr. BROWN of H.R. 828: Ms. KILPATRICK. H.R. 1291: Mr. EDWARDS, Mr. STUMP, Ms. California, Mr. KASICH, Mr. LIPINSKI, Mr. H.R. 842: Mr. BOYD. RIVERS, Ms. SCHAKOWSKY, Mr. LARSON, Mrs. WEINER, and Mr. LOBIONDO. H.R. 846: Mr. JEFFERSON, Ms. JACKSON-LEE CAPPS, Mr. GREENWOOD, Mr. MCKEON, and H.R. 1791: Mr. PASTOR and Mr. SHAYS. of Texas, Ms. CARSON, and Ms. PELOSI. Mr. METCALF. H.R. 1795: Mr. GARY MILLER of California, H.R. 850: Mr. UDALL of New Mexico. H.R. 1292: Mr. NEAL of Massachusetts and Mr. EHLERS, and Mr. RAHALL. H.R. 854: Mr. OLVER and Mr. BOUCHER. Mr. BROWN of California. H.R. 1798: Mr. FROST. H.R. 860: Mr. COYNE. H.R. 1294: Mr. JEFFERSON and Mr. H.R. 1804: Mr. JEFFERSON. H.R. 869: Mr. BOEHLERT, Mr. FRANKS of New KUYKENDALL. H.R. 1819: Mr. HINCHEY. Jersey, and Mr. BILBRAY. H.R. 1300: Mr. LATHAM and Mr. PETERSON of H.R. 1827: Mr. SESSIONS, Mr. GOODE, Mr. H.R. 890: Mr. ENGEL and Mr. BLUMENAUER. Minnesota. DOOLITTLE, Mr. MCHUGH, Mr. TERRY, Mr. H.R. 895: Mr. TIERNEY, Mr. PALLONE, and H.R. 1326: Mr. JONES of North Carolina, SOUDER, Mr. ENGLISH, and Mrs. MYRICK. Ms. LOFGREN. Mrs. ROUKEMA, Ms. EDDIE BERNICE JOHNSON H.R. 1832: Mr. MORAN of Virginia and Mr. H.R. 919: Mr. MCNULTY. of Texas, and Mr. BARRETT of Wisconsin. SANDLIN. H.R. 920: Mr. WEINER, Mr. BLAGOJEVICH, H.R. 1331: Mr. UNDERWOOD, Mr. PRICE of H.R. 1837: Mr. WALSH, Mr. LATOURETTE, and Ms. SCHAKOWSKY. North Carolina, and Mr. ENGEL. Mr. WEYGAND, Mr. PHELPS, Mr. LEWIS of Ken- H.R. 922: Ms. ROS-LEHTINEN and Mr. BACH- H.R. 1337: Mr. FLETCHER, Mr. EHRLICH, Mr. tucky, Mr. HOLT, Mr. GALLEGLY, Mr. DIXON, US. NUSSLE, and Mr. NEAL of Massachusetts. Mr. GREEN of Texas, and Mr. ETHERIDGE. H.R. 941: Mr. JEFFERSON and Mr. MARTINEZ. H.R. 1344: Mr. OLVER and Mr. MCINNIS. H.R. 1838: Mr. SCHAFFER, Mr. FORBES, and H.R. 957: Mr. SCHAFFER, Mr. PASTOR, Mr. H.R. 1347: Mr. SHOWS and Mr. BLUNT. Mr. WEXLER. BISHOP, Ms. BROWN of Florida, and Mr. H.R. 1352: Mr. BLUMENAUER, Mr. NADLER, H.R. 1841: Mr. DIAZ-BALART, Mr. FRANK of CRAMER. Mr. LIPINSKI, Mr. HINCHEY, Mr. OLVER, Mr. Massachusetts, Mr. MCDERMOTT, Mr. BROWN H.R. 959: Ms. ESHOO and Ms. PELOSI. FILNER, Ms. BERKLEY, Mr. MENENDEZ, Mr. of California, and Mr. WYNN. H.R. 979: Mr. WALDEN of Oregon, Mrs. ENGLISH, Mr. MARTINEZ, Mr. CROWLEY, and H.R. 1842: Mr. GONZALEZ, Mr. DELAHUNT, LOWEY, Ms. KILPATRICK, Mr. CAPUANO, Mr. Ms. SANCHEZ. Mr. METCALF, Mr. WATTS of Oklahoma, Mr. SHIMKUS, Mr. PHELPS, Mr. FRANK of Massa- H.R. 1355: Mr. NADLER and Mr. DEUTSCH. MCHUGH, Mr. KENNEDY of Rhode Island, and chusetts, Ms. LEE, Mr. BROWN of California, H.R. 1372: Mr. LOBIONDO. Mr. GREEN of Wisconsin. Mr. MASCARA, and Mr. LAZIO. H.R. 1380: Mr. CALVERT. H.R. 1847: Ms. CARSON. H.R. 996: Mr. JOHN, Mr. KIND, Mr. MENEN- H.R. 1434: Mr. GRAHAM. H.R. 1848: Mr. SANDERS, Ms. SLAUGHTER, DEZ, and Ms. VELAZQUEZ. H.R. 1436: Mr. GRAHAM. and Ms. KILPATRICK. H.R. 997: Mr. TURNER, Mrs. CAPPS, Mr. H.R. 1437: Mr. GRAHAM. H.R. 1849: Mr. MOORE. MOAKLEY, Mr. DICKS, Mr. POMBO, Mr. CAL- H.R. 1438: Mr. GRAHAM. H.R. 1850: Mr. FRANKS of New Jersey, Ms. VERT, Mr. KNOLLENBERG, Mr. OLVER, Mr. H.R. 1439: Mr. GRAHAM. BERKLEY, and Mrs. MALONEY of New York. HOLT, Mr. ORTIZ, and Mr. HALL of Ohio. H.R. 1445: Mrs. MORELLA, Mr. PRICE of H.R. 1871: Mr. FARR of California, Mr. H.R. 1001: Mr. DICKEY, Mr. BLUMENAUER, North Carolina, and Mr. TERRY. GEORGE MILLER of California, Mr. RUSH, Mr. Mr. FRANKS of New Jersey, Mr. PITTS, Mr. H.R. 1469: Mr. BOSWELL. BERMAN, and Mr. HINCHEY. DEFAZIO, Mr. PICKETT, Mr. SENSENBRENNER, H.R. 1495: Mr. HINCHEY and Mr. LANTOS. H.R. 1885: Mr. WEINER and Mr. DELAHUNT. and Mr. SWEENEY. H.R. 1497: Mr. HINOJOSA, Mrs. TAUSCHER, H.R. 1899: Mr. ENGLISH, Mr. MATSUI, Mr. H.R. 1020: Mr. SKELTON, Mrs. CHRISTENSEN, Ms. KILPATRICK, Ms. BERKLEY, Ms. GRANGER, EHRLICH, Mr. THOMPSON of California, Mr. Mr. REYES, Mr. THOMPSON of Mississippi, Ms. and Mrs. MALONEY of New York. LEWIS of Georgia, Mr. FRANK of Massachu- VELA´ ZQUEZ, Mr. SANDERS, Mr. SMITH of H.R. 1505: Mrs. MEEK of Florida, Mr. LEACH, setts, Ms. SCHAKOWSKY, Mr. ROTHMAN, Mr. WASHINGTON, and Mr. WAXMAN. Mr. ANDREWS, Mr. SOUDER, Mr. LATOURETTE, DEFAZIO, Mr. CROWLEY, Mr. WEINER, Mr. H.R. 1032: Mr. SHUSTER, Mr. LARGENT, and Mr. PETERSON of Pennsylvania, Mr. HOEFFEL, MALONEY of Connecticut, Mr. MCDERMOTT, Mr. COOK. Mr. CALLAHAN, Mr. DOYLE, Mr. RAHALL, Mrs. Mr. MCNULTY, Mr. BAIRD, Mr. MCGOVERN, H.R. 1044: Mr. GREENWOOD, Mr. RADANO- THURMAN, Mr. QUINN, and Mr. BACHUS. Mr. WELDON of Pennsylvania, Mr. PAYNE, Ms. VICH, Mr. EVANS, and Mr. PICKETT. H.R. 1507: Mr. GIBBONS, Ms. BERKLEY, Mr. PELOSI, Mr. TRAFICANT, Mr. KILDEE, Ms. H.R. 1046: Mrs. MINK of Hawaii. PASTOR, and Mrs. BONO. SLAUGHTER, Mr. PETERSON of Minnesota, Ms. H.R. 1063: Mr. CAPUANO, Mrs. MINK of Ha- H.R. 1511: Mr. WATTS of Oklahoma, Mr. MCCARTHY of Missouri, Mr. LATOURETTE, Mr. waii, and Mr. BILBRAY. FOLEY, Mr. CANADY of Florida, and Mr. GORDON, Mrs. CAPPS, Mr. KLECZKA, Mr. WU, H.R. 1070: Mr. CUNNINGHAM, Mr. SALMON, TERRY. Mr. TIERNEY, Mr. ACKERMAN, Mr. QUINN, Ms. Mr. ANDREWS, Mr. CARDIN, Mr. DICKS, Mr. H.R. 1515: Mr. WALSH, Mr. PRICE of North KILPATRICK, Mr. HINCHEY, Mr. FORBES, and SHAW, Mr. LAMPSON, and Mr. BONILLA. Carolina, Mr. BALDACCI, Ms. BROWN of Flor- Mr. MASCARA. H.R. 1071: Mr. FARR of California and Mr. ida, Mr. HALL of Ohio, Mr. BLAGOJEVICH, Ms. H.R. 1913: Mr. MINGE. HINOJOSA. JACKSON-LEE of Texas, Mr. CARDIN, Mrs. H.R. 1917: Mr. FRANK of Massachusetts, Mr. H.R. 1102: Mr. BONIOR, Mr. MCNULTY, Mr. MINK of Hawaii, Mr. KIND, Mr. ACKERMAN, BRYANT, Mr. NEY, Mr. MOAKLEY, Mr. COOK, QUINN, Mr. KING, Mr. WOLF, Mr. LEVIN, Mr. Ms. KILPATRICK, Ms. CARSON, Mr. STARK, Mr. Mr. BOUCHER, Mr. DELAHUNT, Mr. OLVER, Mr. UPTON, Mrs. MINK of Hawaii, Mr. GOODLING, MATSUI, Mr. KILDEE, Mr. COSTELLO, Ms. DUNCAN, Mr. BONIOR, Mr. EWING, Mr. FORBES, and Mr. MCINTOSH. WOOLSEY, Mr. KLECZKA, Ms. RIVERS, Mr. HIN- H.R. 1921: Mr. CALVERT. H.R. 1106: Mr. COOKSEY, Mr. KINGSTON, and CHEY, Mr. KUCINICH, Mr. DIXON, and Ms. H.R. 1929: Ms. KILPATRICK and Mr. BROWN Mr. TAYLOR of Mississippi. BALDWIN. of California. H.R. 1111: Mr. WEYGAND and Mr. HOYER. H.R. 1530: Mr. STEARNS and Mr. DEUTSCH. H.R. 1939: Mr. RANGEL, Mr. CALVERT, Ms. H.R. 1112: Mr. VENTO. H.R. 1543: Mr. DIAZ-BALART. MILLENDER-MCDONALD, Mr. CAPUANO, and H.R. 1115: Mr. COOK, Mr. BLAGOJEVICH, Mr. H.R. 1578: Mr. BLUNT and Mr. HERGER. Mr. BORSKI. HINCHEY, and Mr. LOBIONDO. H.R. 1593: Mr. CALVERT. H.R. 1941: Mr. FROST, Mr. GREEN of Texas, H.R. 1130: Mr. STUPAK, Mr. MARTINEZ, and H.R. 1621: Mr. LOBIONDO. Mr. MEEHAN, Mr. PETERSON of Minnesota, Mr. LANTOS. H.R. 1625: Mr. DAVIS of Virginia. Ms. DANNER, Mrs. CHRISTENSEN, Mr. FARR of H.R. 1154: Ms. KILPATRICK, Mr. WEINER, and H.R. 1631: Mr. WATERS and Ms. NORTON. California, Ms. KILPATRICK, Mr. HINCHEY, and Mr. RODRIGUEZ. H.R. 1634: Mr. TIAHRT, Mr. FOLEY, Mr. NEY, Mr. DEFAZIO. H.R. 1159: Mr. BACHUS. Mr. SHIMKUS, Mr. ENGLISH, Mr. MCCOLLUM, H.R. 1975: Mr. ADERHOLT. H3862 CONGRESSIONAL RECORD — HOUSE June 8, 1999

H.R. 1977: Ms. DELAURO, Mr. WOLF, Mr. TITLE XIV—PROLIFERATION AND EXPORT security measures if the launch site is within CAMP, Mr. MCNULTY, Mr. OLVER, Mr. FRANK CONTROL MATTERS the jurisdiction of the People’s Republic of of Massachusetts, Mr. OBERSTAR, Mr. SAND- SEC. 1401. REPORT ON COMPLIANCE BY THE PEO- China or any other country that is subject to ERS, Ms. MILLENDER-MCDONALD, Mrs. PLE’S REPUBLIC OF CHINA AND section 1514 of the Strom Thurmond Na- MORELLA, Mr. PETERSON of Minnesota, and OTHER COUNTRIES WITH THE MIS- tional Defense Authorization Act for Fiscal Mr. HINCHEY. SILE TECHNOLOGY CONTROL RE- Year 1999. H.R. 1979: Mrs. KELLY. GIME. (2) That each person providing security for H.R. 1980: Mr. HORN. (a) REPORT REQUIRED.—Not later than Oc- the launch of that satellite— H.R. 1993: Mr. CLEMENT, Mr. CLYBURN, and tober 31, 1999, the President shall transmit to (A) be employed by, or under a contract Ms. HOOLEY of Oregon. Congress a report on the compliance, or lack with, the Department of Defense; H.R. 1994: Mr. WATKINS and Mr. ENGLISH. of compliance (both as to acquiring and (B) have received appropriate training in H.R. 1998: Mr. OBERSTAR and Mr. MEEHAN. transferring missile technology), by the Peo- the regulations prescribed by the Secretary H.R. 1999: Mr. OBERSTAR and Mr. BAKER. ple’s Republic of China, with the Missile of State known as the International Traf- H.R. 2003: Mr. ENGEL, Ms. ROYBAL-ALLARD, Technology Control Regime, and on any ac- ficking in Arms Regulations (hereafter in and Mrs. MCCARTHY of New York. tual or suspected transfer by Russia or any this section referred to as ‘‘ITAR’’); H.R. 2004: Ms. MCKINNEY, Mr. DICKS, and other country of missile technology to the (C) have significant experience and exper- Ms. ROS-LEHTINEN. People’s Republic of China in violation of tise with satellite launches; and H.R. 2013: Mr. CLEMENT. the Missile Technology Control Regime. The (D) have been investigated in a manner at H.J. Res. 21: Mr. POMBO and Mr. DEAL of report shall include a list specifying each ac- least as comprehensive as the investigation Georgia. tual or suspected violation of the Missile required for the issuance of a security clear- H.J. Res. 46: Mr. STUPAK, Mr. KING, Mr. Technology Control Regime by the People’s ance at the level designated as ‘‘Secret’’. OWENS, Mrs. KELLY, and Mr. HINCHEY. Republic of China, Russia, or other country (3) That the number of such persons pro- H.J. Res. 47: Mr. BROWN of California. and, for each such violation, a description of viding security for the launch of the satellite H.J. Res. 55: Mr. TAYLOR of North Carolina. the remedial action (if any) taken by the shall be sufficient to maintain 24-hour secu- H. Con. Res. 8: Mr. GRAHAM. United States or any other country. rity of the satellite and related launch vehi- H. Con. Res. 30: Mr. PETERSON of Pennsyl- (b) MATTERS TO BE INCLUDED.—The report cle and other sensitive technology. vania and Mr. MILLER of Florida. under subsection (a) shall also include infor- (4) That the licensee agree to reimburse H. Con. Res. 97: Mr. SERRANO, Mr. CAPUANO, mation concerning— the Department of Defense for all costs asso- Mr. WEINER, Mr. MCGOVERN, Mr. WEYGAND, (1) actual or suspected use by the People’s ciated with the provision of security for the Mr. LUTHER, Ms. HOOLEY of Oregon, Mr. Republic of China of United States missile launch of the satellite. technology; OLVER, and Mr. ABERCROMBIE. (b) DEFENSE DEPARTMENT MONITORS.—The (2) actual or suspected missile prolifera- H. Con. Res. 100: Mr. ROTHMAN and Ms. Secretary of Defense shall— tion activities by the People’s Republic of BERKLEY. (1) ensure that persons assigned as space China; H. Con. Res. 109: Mr. BARRETT of Nebraska launch campaign monitors are provided suf- (3) actual or suspected transfer of missile and Mr. CAMPBELL. ficient training and have adequate experi- technology by Russia or other countries to H. Con. Res. 112: Mr. SHOWS and Mr. ence in the ITAR and have significant expe- the People’s Republic of China: and SAXTON. rience and expertise with satellite tech- (4) United States actions to enforce the H. Con. Res. 113: Mr. PHELPS. nology, launch vehicle technology, and Missile Technology Control Regime with re- H. Con. Res. 119: Mr. FROST and Mr. launch operations technology; spect to the People’s Republic of China, in- ENGLISH. (2) ensure that adequate numbers of such cluding actions to prevent the transfer of H. Con. Res. 120: Ms. ROS-LEHTINEN, Mr. monitors are assigned to space launch cam- missile technology from Russia and other PASTOR, Ms. CARSON, Mr. SMITH of Wash- paigns so that 24-hour, 7-day per week cov- countries to the People’s Republic of China. ington, Mr. CALVERT, and Mr. GREEN of erage is provided; Texas. SEC. 1402. ANNUAL REPORT ON TECHNOLOGY (3) take steps to ensure, to the maximum TRANSFERS TO THE PEOPLE’S RE- H. Res. 19: Mr. FRELINGHUYSEN, Mr. BAIRD, extent possible, the continuity of service by PUBLIC OF CHINA. Mr. GARY MILLER of California, and Mr. KIL- monitors for the entire space launch cam- (a) ANNUAL REPORT.—The President shall DEE. transmit to Congress an annual report on paign period (from satellite marketing to H. Res. 89: Mr. CAPUANO and Mr. LANTOS. transfers to the People’s Republic of China launch and, if necessary, completion of a H. Res. 147: Mr. LEWIS of Georgia and Mr. by the United States and other countries of launch failure analysis); and MCGOVERN. technology with potential military applica- (4) adopt measures designed to make serv- H. Res. 155: Mr. BONIOR, Mr. BILIRAKIS, Mrs. tions, during the 1-year period preceding the ice as a space launch campaign monitor an BONO, Mr. CONDIT, Mr. DELAHUNT, Mr. DIAZ- transmittal of the report. attractive career opportunity. BALART, Mr. DREIER, Mr. DUNCAN, Mr. (b) INITIAL REPORT.—The initial report SEC. 1405. REPORTING OF TECHNOLOGY PASSED ENGEL, Mr. FILNER, Mr. FOLEY, Ms. KIL- under this section shall be transmitted not TO PEOPLE’S REPUBLIC OF CHINA PATRICK, Mr. LOBIONDO, Mr. MATSUI, Mr. later than October 31, 1999. AND OF FOREIGN LAUNCH SECU- NADLER, Mrs. NAPOLITANO, Mrs. TAUSCHER, RITY VIOLATIONS. SEC. 1403. REPORT ON IMPLEMENTATION OF EYGAND and Mr. W . TRANSFER OF SATELLITE EXPORT (a) MONITORING OF INFORMATION.—The Sec- H. Res. 169: Mr. PORTER and Mr. BROWN of CONTROL AUTHORITY. retary of Defense shall require that space California. Not later than August 31, 1999, the Presi- launch monitors of the Department of De- H. Res. 183: Mr. ROHRABACHER, Mr. WICKER, dent shall transmit to Congress a report on fense assigned to monitor launches in the Mrs. KELLY, and Mr. CHAMBLISS. the implementation of subsection (a) of sec- People’s Republic of China maintain records tion 1513 of the Strom Thurmond National of all information authorized to be trans- f Defense Authorization Act for Fiscal Year mitted to the People’s Republic of China, in- 1999 (Public Law 105–261; 112 Stat. 2174; 22 cluding copies of any documents authorized for such transmission, and reports on DELETIONS OF SPONSORS FROM U.S.C. 2778 note), transferring satellites and related items from the Commerce Control launch-related activities. PUBLIC BILLS AND RESOLUTIONS List of dual-use items to the United States (b) TRANSMISSION TO OTHER AGENCIES.—The Under clause 7 of rule XII, sponsors Munitions List. The report shall update the Secretary of Defense shall ensure that were deleted from public bills and reso- information provided in the report under records under subsection (a) are transmitted lutions as follows: subsection (d) of that section. on a current basis to appropriate elements of the Department of Defense and to the De- [Omitted from the Record of June 7, 1999] SEC. 1404. SECURITY IN CONNECTION WITH SAT- ELLITE EXPORT LICENSING. partment of State, the Department of Com- H.R. 111: Mr. FARR of California. (a) SECURITY AT FOREIGN LAUNCHES.—As a merce, and the Central Intelligence Agency. condition of the export license for any sat- (c) RETENTION OF RECORDS.—Records de- f ellite to be launched outside the jurisdiction scribed in subsection (a) shall be retained for of the United States, the Secretary of State at least the period of the statute of limita- tions for violations of the Arms Export Con- AMENDMENTS shall require the following: (1) That the technology transfer control trol Act. Under clause 8 of rule XVIII, pro- plan required by section 1514(a)(1) of the (d) GUIDELINES.—The Secretary of Defense posed amendments were submitted as Strom Thurmond National Defense Author- shall prescribe guidelines providing space follows: ization Act for Fiscal Year 1999 (Public Law launch monitors of the Department of De- 105–261; 112 Stat. 2175; 22 U.S.C. 2778 note) be fense with the responsibility and the ability H.R. 1401 prepared by the Department of Defense, and to report serious security violations, prob- OFFERED BY: MR. COX OF CALIFORNIA agreed to by the licensee, and that the plan lems, or other issues at an overseas launch AMENDMENT NO. 14: At the end of division set forth the security arrangements for the site directly to the headquarters office of the A (page 326, after line 16), insert the fol- launch of the satellite, both before and dur- responsible Department of Defense compo- lowing new title: ing launch operations, and include enhanced nent. June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3863 SEC. 1406. REPORT ON NATIONAL SECURITY IM- to a period longer than that otherwise re- curity. The Office shall support United PLICATIONS OF EXPORTING HIGH- quired when such longer period is considered States Government efforts to— PERFORMANCE COMPUTERS TO THE necessary by the head of that department or (1) establish new binding international PEOPLE’S REPUBLIC OF CHINA. agency for national security purposes; and controls on technology transfers that threat- (a) REVIEW.—The Secretary of Energy, the (2) that a license for such an export may be en international peace and United States na- Secretary of Defense, and the Secretary of approved only with the agreement of each tional security; and State, in consultation with other appro- executive department or agency that re- (2) improve the sharing of information by priate departments and agencies, shall con- viewed the application for the license, sub- nations that are major exporters of tech- duct a comprehensive review of the national ject to appeal procedures to be established nology so that the United States can track security implications of exporting high-per- by the President. movements of technology and enforce tech- formance computers to the People’s Republic (c) RECOMMENDATIONS FOR STREAMLINED LI- nology controls and re-export requirements. of China. As part of the review, the Sec- CENSING PROCEDURES FOR OTHER EXPORTS.— At the end of subtitle A of title XXXI (page retary shall conduct empirical testing of the With respect to controlled technologies and 419, after line 3), insert the following new extent to which national security-related op- items other than those identified under sub- section: erations can be performed using clustered, section (a), the President shall submit to massively-parallel processing or other com- SEC. 3106. DEPARTMENT OF ENERGY COUNTER- Congress the President’s recommendations INTELLIGENCE CYBER SECURITY binations of computers. for modifications to licensing procedures for PROGRAM. (b) REPORT.—The Secretary of Energy shall export of such technologies and items so as (a) INCREASED FUNDS FOR COUNTERINTEL- submit to Congress a report on the results of to streamline the licensing process and pro- LIGENCE CYBER SECURITY.—The amounts pro- the review under subsection (a). The report vide greater transparency, predictability, vided in section 3103 in the matter preceding shall be submitted not later than six months and certainty. paragraph (1) and in paragraph (3) are each after the date of the enactment of this Act SEC. 1409. NOTICE OF FOREIGN ACQUISITION OF hereby increased by $8,600,000, to be available and shall be updated not later than the end UNITED STATES FIRMS IN NATIONAL for Counterintelligence Cyber Security pro- of each subsequent 1-year period. SECURITY INDUSTRIES. grams. SEC. 1407. END-USE VERIFICATION FOR USE BY Section 721(b) of the Defense Production (b) OFFSETTING REDUCTIONS DERIVED FROM PEOPLE’S REPUBLIC OF CHINA OF Act of 1950 (50 U.S.C. 2170(b)) is amended— CONTRACTOR TRAVEL.—(1) The amount pro- HIGH-PERFORMANCE COMPUTERS. (1) by inserting ‘‘(1)’’ before ‘‘The Presi- vided in section 3101 in the matter preceding (a) REVISED HPC VERIFICATION SYSTEM.— dent’’; paragraph (1) (for weapons activities in car- The President shall seek to enter into an (2) by redesignating paragraphs (1) and (2) rying out programs necessary for national agreement with the People’s Republic of as subparagraphs (A) and (B), respectively; security) is hereby reduced by $4,700,000. China to revise the existing verification sys- and (2) The amount provided in section 3102 in tem with the People’s Republic of China with (3) by adding at the end the following: the matter preceding paragraph (1) of sub- respect to end-use verification for high-per- ‘‘(2) Whenever a person engaged in inter- section (a) (for environmental restoration formance computers exported or to be ex- state commerce in the United States is the and waste management in carrying out pro- ported to the People’s Republic of China so subject of a merger, acquisition, or takeover grams necessary for national security) is as to provide for an open and transparent described in paragraph (1), that person shall hereby reduced by $1,900,000. system providing for effective end-use promptly notify the President, or the Presi- (3) The amount provided in section 3103 in verification for such computers and, at a dent’s designee, of such planned merger, ac- the matter preceding paragraph (1) is hereby minimum, providing for on-site inspection of quisition, or takeover. Whenever any execu- reduced by $2,000,000. the end-use and end-user of such computers, tive department or agency becomes aware of At the end of title XXXI (page 453, after without notice, by United States nationals any such planned merger, acquisition, or line 15), insert the following new subtitle: designated by the United States Govern- takeover, the head of that department or ment. The President shall transmit a copy of Subtitle F—Protection of National Security agency shall promptly notify the President, Information the agreement to Congress. or the President’s designee, of such planned (b) DEFINITION.—As used in this section and merger, acquisition, or takeover.’’. SEC. 3181. SHORT TITLE. section 1406, the term ‘‘high performance This subtitle may be cited as the ‘‘Na- SEC. 1410. FIVE-AGENCY INSPECTORS GENERAL computer’’ means a computer which, by vir- EXAMINATION OF COUNTER- tional Security Information Protection Im- tue of its composite theoretical performance MEASURES AGAINST ACQUISITION provement Act’’. level, would be subject to section 1211 of the BY THE PEOPLE’S REPUBLIC OF SEC. 3182. SEMI-ANNUAL REPORT BY THE PRESI- National Defense Authorization Act for Fis- CHINA OF MILITARILY SENSITIVE DENT ON ESPIONAGE BY THE PEO- cal Year 1998 (50 U.S.C. App. 2404 note). TECHNOLOGY. PLE’S REPUBLIC OF CHINA. (c) ADJUSTMENT OF COMPOSITE THEORETICAL Not later than January 1, 2000, the Inspec- (a) REPORTS REQUIRED.—The President PERFORMANCE LEVELS FOR POST-SHIPMENT tors General of the Departments of State, shall transmit to Congress a report, not less VERIFICATION.—Section 1213 of the National Defense, the Treasury, and Commerce and often than every six months, on the steps Defense Authorization Act for Fiscal Year the Inspector General of the Central Intel- being taken by the Department of Energy, 1998 is amended by adding at the end the fol- ligence Agency shall submit to Congress a the Department of Defense, the Federal Bu- lowing: report on the adequacy of current export reau of Investigation, the Central Intel- ‘‘(e) ADJUSTMENT OF PERFORMANCE LEV- controls and counterintelligence measures to ligence Agency, and all other relevant execu- ELS.—Whenever a new composite theoretical protect against the acquisition by the Peo- tive departments and agencies to respond to performance level is established under sec- ple’s Republic of China of militarily sen- espionage and other intelligence activities tion 1211(d), that level shall apply for pur- sitive United States technology. Such report by the People’s Republic of China, particu- poses of subsection (a) of this section in lieu shall include a description of measures taken larly with respect to the theft of sophisti- of the level set forth in that subsection.’’. to address any deficiencies found in such ex- cated United States nuclear weapons design SEC. 1408. PROCEDURES FOR REVIEW OF EXPORT port controls and counterintelligence meas- information and the targeting by the Peo- OF CONTROLLED TECHNOLOGIES ures. ple’s Republic of China of United States nu- AND ITEMS. SEC. 1411. OFFICE OF TECHNOLOGY SECURITY IN clear weapons codes and other national secu- (a) RECOMMENDATIONS FOR PRIORITIZATION DEPARTMENT OF DEFENSE. rity information of strategic concern. OF NATIONAL SECURITY CONCERNS.—The (a) ENHANCED MULTILATERAL EXPORT CON- (b) INITIAL REPORT.—The first report under President shall submit to Congress the Presi- TROLS.— this section shall be transmitted not later dent’s recommendations for the establish- (1) NEW INTERNATIONAL CONTROLS.—The than January 1, 2000. ment of a mechanism to identify, on a con- President shall work (in the context of the SEC. 3183. REPORT ON WHETHER DEPARTMENT tinuing basis, those controlled technologies scheduled 1999 review of the Wassenaar Ar- OF ENERGY SHOULD CONTINUE TO and items the export of which is of greatest rangement and otherwise) to establish new MAINTAIN NUCLEAR WEAPONS RE- national security concern relative to other binding international controls on technology SPONSIBILITY. controlled technologies and items. transfers that threaten international peace Not later than January 1, 2000, the Presi- (b) RECOMMENDATIONS FOR EXECUTIVE DE- and United States national security. dent shall transmit to Congress a report re- PARTMENT APPROVALS FOR EXPORTS OF (2) IMPROVED SHARING OF INFORMATION.— garding the feasibility of alternatives to the GREATEST NATIONAL SECURITY CONCERN.— The President shall take appropriate actions current arrangements for controlling United With respect to controlled technologies and (in the context of the scheduled 1999 review States nuclear weapons development, test- items identified under subsection (a), the of the Wassenaar Arrangement and other- ing, and maintenance within the Department President shall submit to Congress the Presi- wise) to improve the sharing of information of Energy, including the reestablishment of dent’s recommendations for the establish- by nations that are major exporters of tech- the Atomic Energy Commission as an inde- ment of a mechanism to identify procedures nology so that the United States can track pendent nuclear agency. The report shall de- for export of such technologies and items so movements of technology and enforce tech- scribe the benefits and shortcomings of each as to provide— nology controls and re-export requirements. such alternative, as well as the current sys- (1) that the period for review by an execu- (b) OFFICE OF TECHNOLOGY SECURITY.—(1) tem, from the standpoint of protecting such tive department or agency of a license appli- There is hereby established in the Depart- weapons and related research and technology cation for any such export shall be extended ment of Defense an Office of Technology Se- from theft and exploitation. The President H3864 CONGRESSIONAL RECORD — HOUSE June 8, 1999 shall include with such report the Presi- vidual who shall assess security and counter- subagreement thereto, and that commits a dent’s recommendation for the appropriate intelligence matters at that facility. gross violation or a pattern of gross viola- arrangements for controlling United States (2) An individual assigned to a facility tions of any applicable rule, regulation, or nuclear weapons development, testing, and under this subsection shall be stationed at order prescribed or otherwise issued by the maintenance outside the Department of En- the facility. Secretary pursuant to this subtitle relating ergy if it should be determined that the De- (b) SUPERVISION.—Each individual assigned to the safeguarding or security of Restricted partment of Energy should no longer have under subsection (a) shall report directly to Data or other classified or sensitive informa- that responsibility. the Director of the Office of Counterintel- tion shall be subject to a civil penalty of not SEC. 3184. DEPARTMENT OF ENERGY OFFICE OF ligence of the Department of Energy. to exceed $500,000 for each such violation. FOREIGN INTELLIGENCE AND OF- SEC. 3187. DEPARTMENT OF ENERGY POLYGRAPH ‘‘b. The Secretary shall include, in each FICE OF COUNTERINTELLIGENCE. EXAMINATIONS. contract entered into after the date of the (a) IN GENERAL.—The Department of En- (a) COUNTERINTELLIGENCE POLYGRAPH PRO- enactment of this section with a contractor ergy Organization Act is amended by insert- GRAM REQUIRED.—The Secretary of Energy, of the Department, provisions which provide ing after section 212 (42 U.S.C. 7143) the fol- acting through the Director of Counterintel- an appropriate reduction in the fees or lowing new sections: ligence of the Department of Energy, shall amounts paid to the contractor under the ‘‘OFFICE OF FOREIGN INTELLIGENCE carry out a counterintelligence polygraph contract in the event of a violation by the program for the defense activities of the De- contractor or contractor employee of any ‘‘SEC. 213. (a) There shall be within the De- partment of Energy. The program shall con- rule, regulation, or order relating to the partment an Office of Foreign Intelligence, sist of the administration on a regular basis safeguarding or security of Restricted Data to be headed by a Director, who shall report of a polygraph examination to each covered or other classified or sensitive information. directly to the Secretary. person who has access to a program that the The provisions shall specify various degrees ‘‘(b) The Director shall be responsible for Director of Counterintelligence and the As- of violations and the amount of the reduc- the programs and activities of the Depart- sistant Secretary assigned the functions tion attributable to each degree of violation. ment relating to the analysis of intelligence under section 203(a)(5) of the Department of ‘‘c. The powers and limitations applicable with respect to nuclear weapons and mate- Energy Organization Act determine requires to the assessment of civil penalties under rials, other nuclear matters, and energy se- special access restrictions. section 234A shall apply to the assessment of curity. (b) COVERED PERSONS.—For purposes of civil penalties under this section.’’. ‘‘(c) The Secretary may delegate to the subsection (a), a covered person is any of the (b) CLARIFYING AMENDMENT.—The section Deputy Secretary of Energy the day-to-day following: heading of section 234A of that Act (42 U.S.C. supervision of the Director. (1) An officer or employee of the Depart- 2282a) is amended by inserting ‘‘SAFETY’’ be- ‘‘OFFICE OF COUNTERINTELLIGENCE ment. fore ‘‘REGULATIONS’’. ‘‘SEC. 214. (a) There shall be within the De- (2) An expert or consultant under contract (c) CLERICAL AMENDMENT.—The table of partment an Office of Counterintelligence, to to the Department. sections in the first section of that Act is be headed by a Director, who shall report di- (3) An officer or employee of any con- amended by inserting after the item relating rectly to the Secretary. tractor of the Department. to section 234 the following new items: ‘‘(b) The Director shall carry out all coun- (c) ADDITIONAL POLYGRAPH EXAMINA- ‘‘234A. Civil Monetary Penalties for Viola- terintelligence activities in the Department TIONS.—In addition to the polygraph exami- tions of Department of Energy relating to the defense activities of the De- nations administered under subsection (a), Safety Regulations. partment. the Secretary, in carrying out the defense ‘‘234B. Civil Monetary Penalties for Viola- ‘‘(c) The Secretary may delegate to the activities of the Department— tions of Department of Energy Deputy Secretary of Energy the day-to-day (1) may administer a polygraph examina- Regulations Regarding Secu- supervision of the Director. tion to any employee of the Department or rity of Classified or Sensitive ‘‘(d)(1) The Director shall keep the intel- of any contractor of the Department, for Information or Data.’’. ligence committees fully and currently in- counterintelligence purposes; and (2) shall administer a polygraph examina- SEC. 3189. INCREASED PENALTIES FOR MISUSE formed of all significant security breaches at OF RESTRICTED DATA. any of the national laboratories. tion to any such employee in connection (a) COMMUNICATION OF RESTRICTED DATA.— with an investigation of such employee, if ‘‘(2) For purposes of this subsection, the Section 224 of the Atomic Energy Act of 1954 such employee requests the administration term ‘intelligence committees’ means the (42 U.S.C. 2274) is amended— of a polygraph examination for exculpatory Permanent Select Committee of the House of (1) in clause a., by striking ‘‘$20,000’’ and purposes. Representatives and the Select Committee inserting ‘‘$400,000’’; and on Intelligence of the Senate.’’. (d) REGULATIONS.—(1) The Secretary shall prescribe any regulations necessary to carry (2) in clause b., by striking ‘‘$10,000’’ and (b) CLERICAL AMENDMENT.—The table of inserting ‘‘$200,000’’. contents in the first section of that Act is out this section. Such regulations shall in- clude procedures, to be developed in con- (b) RECEIPT OF RESTRICTED DATA.—Section amended by inserting after the item relating 225 of such Act (42 U.S.C. 2275) is amended by to section 212 the following new items: sultation with the Director of the Federal Bureau of Investigation, for identifying and striking ‘‘$20,000’’ and inserting ‘‘$400,000’’. ‘‘Sec. 213. Office of Foreign Intelligence. addressing ‘‘false positive’’ results of poly- (c) DISCLOSURE OF RESTRICTED DATA.—Sec- ‘‘Sec. 214. Office of Counterintelligence.’’. graph examinations. tion 227 of such Act (42 U.S.C. 2277) is amend- SEC. 3185. COUNTERINTELLIGENCE PROGRAM AT (2) Notwithstanding section 501 of the De- ed by striking ‘‘$2,500’’ and inserting DEPARTMENT OF ENERGY NA- partment of Energy Organization Act (42 ‘‘$50,000’’. TIONAL LABORATORIES. U.S.C. 7191) or any other provision of law, SEC. 3190. RESTRICTIONS ON ACCESS TO NA- (a) PROGRAM REQUIRED.—The Secretary of the Secretary may, in prescribing regula- TIONAL LABORATORIES BY FOREIGN Energy shall establish and maintain at each tions under paragraph (1), waive any require- VISITORS FROM SENSITIVE COUN- national laboratory a counterintelligence TRIES. ment for notice or comment if the Secretary program for the defense-related activities of (a) BACKGROUND REVIEW REQUIRED.—The determines that it is in the national security the Department of Energy at such labora- Secretary of Energy may not admit to any interest to expedite the implementation of tory. facility of a national laboratory any indi- such regulations. (b) HEAD OF PROGRAM.—The Secretary vidual who is a citizen or agent of a nation (e) NO CHANGE IN OTHER POLYGRAPH AU- shall ensure that, for each national labora- that is named on the current sensitive coun- THORITY.—This section shall not be con- tory, the head of the counterintelligence pro- strued to affect the authority under any tries list unless the Secretary first com- gram of that laboratory— other provision of law of the Secretary to ad- pletes a background review with respect to (1) has extensive experience in counter- minister a polygraph examination. that individual. intelligence activities within the Federal (b) MORATORIUM PENDING CERTIFICATION.— Government; and SEC. 3188. CIVIL MONETARY PENALTIES FOR VIO- (1) During the period described in paragraph LATIONS OF DEPARTMENT OF EN- (2) with respect to the counterintelligence ERGY REGULATIONS RELATING TO (2), the Secretary may not admit to any fa- program, is responsible directly to, and is THE SAFEGUARDING AND SECURITY cility of a national laboratory any individual hired with the concurrence of, the Director OF RESTRICTED DATA. who is a citizen or agent of a nation that is of Counterintelligence of the Department of (a) IN GENERAL.—Chapter 18 of title I of the named on the current sensitive countries Energy and the director of the national lab- Atomic Energy Act of 1954 (42 U.S.C. 2271 et list. oratory. seq.) is amended by inserting after section (2) The period referred to in paragraph (1) SEC. 3186. COUNTERINTELLIGENCE ACTIVITIES 234A the following new section: is the period beginning 30 days after the date AT OTHER DEPARTMENT OF EN- ‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR of the enactment of this Act and ending on ERGY FACILITIES. VIOLATIONS OF DEPARTMENT OF ENERGY REG- the later of the following: (a) ASSIGNMENT OF COUNTERINTELLIGENCE ULATIONS REGARDING SECURITY OF CLASSIFIED (A) The date that is 90 days after the date PERSONNEL.—(1) The Secretary of Energy OR SENSITIVE INFORMATION OR DATA.— of the enactment of this Act. shall assign to each Department of Energy ‘‘a. Any individual or entity that has en- (B) The date that is 45 days after the date facility, other than a national laboratory, at tered into a contract or agreement with the on which the Secretary submits to Congress which Restricted Data is located an indi- Department of Energy, or a subcontract or a certification described in paragraph (3). June 8, 1999 CONGRESSIONAL RECORD — HOUSE H3865 (3) A certification referred to in paragraph (2) The term ‘‘sensitive countries list’’ applicable Federal requirements relating to (2) is a certification by the Director of Coun- means the list prescribed by the Secretary of the safeguarding and security of classified terintelligence of the Department of Energy, Energy known as the Department of Energy information. with the concurrence of the Director of the List of Sensitive Countries. (3) For each admission of an individual Federal Bureau of Investigation, that all se- SEC. 3191. REQUIREMENTS RELATING TO ACCESS under section 3190 not described in a previous curity measures are in place that are nec- BY FOREIGN VISITORS AND EMPLOY- report under this section, the identity of essary and appropriate to prevent espionage EES TO DEPARTMENT OF ENERGY that individual, and whether the background or intelligence gathering by or for a sen- FACILITIES ENGAGED IN DEFENSE review required by that section determined sitive country, including access by individ- ACTIVITIES. that information relevant to security exists (a) SECURITY CLEARANCE REVIEW RE- uals referred to in paragraph (1) to classified with respect to that individual. QUIRED.—The Secretary of Energy may not information of the national laboratory. allow unescorted access to any classified SEC. 3193. REPORT ON SECURITY (c) WAIVER OF MORATORIUM.—(1) The Sec- VULNERABILITIES OF NATIONAL retary of Energy may waive the prohibition area, or access to classified information, of LABORATORY COMPUTERS. any facility of the Department of Energy en- in subsection (b) on a case-by-case basis with (a) REPORT REQUIRED.—Not later than gaged in the defense activities of the Depart- respect to any specific individual or any spe- March 1 of each year, the National Counter- ment to any individual who is a citizen of a cific delegation of individuals whose admis- intelligence Policy Board shall prepare a re- foreign nation unless— sion to a national laboratory is determined port, in consultation with the Director of (1) the Secretary, acting through the Di- by the Secretary to be in the interest of the Counterintelligence of the Department of rector of Counterintelligence, first com- national security of the United States. Energy, on the security vulnerabilities of the (2) Not later than the seventh day of the pletes a security clearance investigation computers of the national laboratories. month following a month in which a waiver with respect to that individual in a manner (b) PREPARATION OF REPORT.—In preparing is made, the Secretary shall submit a report at least as comprehensive as the investiga- the report, the National Counterintelligence in writing providing notice of each waiver tion required for the issuance of a security Policy Board shall establish a so-called ‘‘red made in that month to the following: clearance at the level required for such ac- team’’ of individuals to perform an oper- (A) The Committee on Armed Services and cess under the rules and regulations of the ational evaluation of the security the Select Committee on Intelligence of the Department; or vulnerabilities of the computers of the na- Senate. (2) a foreign government first completes a tional laboratories, including by direct ex- (B) The Committee on Armed Services and security clearance investigation with respect perimentation. Such individuals shall be se- the Permanent Select Committee on Intel- to that individual in a manner that the Sec- lected by the National Counterintelligence ligence of the House of Representatives. retary of State, pursuant to an international Policy Board from among employees of the (3) Each such report shall be in classified agreement between the United States and Department of Defense, the National Secu- form and shall contain the identity of each that foreign government, determines is rity Agency, the Central Intelligence Agen- individual or delegation for whom such a equivalent to the investigation required for cy, the Federal Bureau of Investigation, and waiver was made and, with respect to each the issuance of a security clearance at the of other agencies, and may be detailed to the such individual or delegation, the following level required for such access under the rules National Counterintelligence Policy Board information: and regulations of the Department. from such agencies without reimbursement (A) A detailed justification for the waiver. (b) EFFECT ON CURRENT EMPLOYEES.—The and without interruption or loss of civil Secretary shall ensure that any individual (B) For each individual with respect to service status or privilege. who, on the date of the enactment of this whom a background review was conducted, (c) SUBMISSION OF REPORT TO SECRETARY OF Act, is a citizen of a foreign nation and an whether the background review determined ENERGY AND TO FBI DIRECTOR.—Not later employee of the Department or of a con- that negative information exists with re- than March 1 of each year, the report shall tractor of the Department is not discharged spect to that individual. be submitted in classified and unclassified from such employment as a result of this form to the Secretary of Energy and the Di- (C) The Secretary’s certification that the section before the completion of the security rector of the Federal Bureau of Investiga- admission of that individual or delegation to clearance investigation of such individual tion. a national laboratory is in the interest of the under subsection (a) unless the Director of (d) FORWARDING TO CONGRESSIONAL COMMIT- national security of the United States. Counterintelligence determines that such TEES.—Not later than 30 days after the re- (4) The authority of the Secretary under discharge is necessary for the national secu- port is submitted, the Secretary and the Di- paragraph (1) may be delegated only to the rity of the United States. rector shall each separately forward that re- Director of Counterintelligence of the De- SEC. 3192. ANNUAL REPORT ON SECURITY AND port, with the recommendations in classified partment of Energy. COUNTERINTELLIGENCE STAND- and unclassified form of the Secretary or the (d) EXCEPTION TO MORATORIUM FOR CERTAIN ARDS AT NATIONAL LABORATORIES Director, as applicable, in response to the INDIVIDUALS.—The moratorium under sub- AND OTHER DEFENSE FACILITIES findings of that report, to the following: section (b) shall not apply to any person OF THE DEPARTMENT OF ENERGY. (1) The Committee on Armed Services and who— (a) REPORT ON SECURITY AND COUNTER- the Select Committee on Intelligence of the (1) is, on the date of the enactment of this INTELLIGENCE STANDARDS AT NATIONAL LAB- Senate. Act, an employee or assignee of the Depart- ORATORIES AND OTHER DOE DEFENSE FACILI- (2) The Committee on Armed Services and ment of Energy, or of a contractor of the De- TIES.—Not later than March 1 of each year, the Permanent Select Committee on Intel- partment; and the Secretary of Energy, acting through the ligence of the House of Representatives. (2) has undergone a background review in Director of Counterintelligence of the De- accordance with subsection (a). partment of Energy, shall submit a report on SEC. 3194. GOVERNMENT ACCESS TO CLASSIFIED INFORMATION ON DEPARTMENT OF (e) EXCEPTION TO MORATORIUM FOR CERTAIN the security and counterintelligence stand- ENERGY DEFENSE-RELATED COM- PROGRAMS.—In the case of a program under- ards at the national laboratories, and other PUTERS. taken pursuant to an international agree- facilities of the Department of Energy en- (a) PROCEDURES REQUIRED.—The Secretary ment between the United States and a for- gaged in the defense activities of the Depart- of Energy shall establish procedures to gov- eign nation, the moratorium under sub- ment, to the following: ern access to classified information on DOE section (b) shall not apply to the admittance (1) The Committee on Armed Services and defense-related computers. Those procedures to a facility that is important to that pro- the Select Committee on Intelligence of the shall, at a minimum, provide that each em- gram of a citizen of that foreign nation Senate. ployee of the Department of Energy who re- whose admittance is important to that pro- (2) The Committee on Armed Services and quires access to classified information shall gram. the Permanent Select Committee on Intel- be required as a condition of such access to (f) SENSE OF CONGRESS REGARDING BACK- ligence of the House of Representatives. provide to the Secretary written consent GROUND REVIEWS.—It is the sense of Congress (b) CONTENTS OF REPORT.—The report shall which permits access by an authorized inves- that the Secretary of Energy, the Director of be in classified form and shall contain, for tigative agency to any DOE defense-related the Federal Bureau of Investigation, and the each such national laboratory or facility, the computer used in the performance of the de- Director of Central Intelligence should en- following information: fense-related duties of such employee during sure that background reviews carried out (1) A description of all security measures the period of that employee’s access to clas- under this section are completed in not more that are in place to prevent access by unau- sified information and for a period of three than 15 days. thorized individuals to classified information years thereafter. (g) DEFINITIONS.—For purposes of this sec- of the national laboratory or facility. (b) EXPECTATION OF PRIVACY IN DOE DE- tion: (2) A certification by the Director of Coun- FENSE-RELATED COMPUTERS.—Notwith- (1) The term ‘‘background review’’, com- terintelligence of the Department of Energy standing any other provision of law (includ- monly known as an indices check, means a as to whether— ing any provision of law enacted by the Elec- review of information provided by the Direc- (A) all security measures are in place to tronic Communications Privacy Act of 1986), tor of Central Intelligence and the Director prevent access by unauthorized individuals no user of a DOE defense-related computer of the Federal Bureau of Investigation re- to classified information of the national lab- shall have any expectation of privacy in the garding personal background, including in- oratory or facility; and use of that computer. formation relating to any history of criminal (B) such security measures comply with (c) DEFINITIONS.—For purposes of this sec- activity or to any evidence of espionage. Presidential Decision Directives and other tion: H3866 CONGRESSIONAL RECORD — HOUSE June 8, 1999

(1) The term ‘DOE defense-related com- fied information to ascertain whether such (d) ESTABLISHMENT OF PROCEDURES.—Not puter’’ means a computer of the Department persons satisfy the criteria for obtaining and later than 90 days after the date of the enact- of Energy or a Department of Energy con- retaining access to such information. ment of this Act, the Secretary of Energy tractor that is used, in whole or in part, for (4) The term ‘‘classified information’’ shall prescribe such regulations as may be a Department of Energy defense-related ac- means any information that has been deter- necessary to implement this section. tivity. mined pursuant to Executive Order No. 12356 (2) The term ‘‘computer’’ means an elec- SEC. 3195. DEFINITION OF NATIONAL LABORA- of April 2, 1982, or successor orders, or the TORY. tronic, magnetic, optical, electrochemical, Atomic Energy Act of 1954, to require protec- or other high-speed data processing device For purposes of this subtitle, the term ‘‘na- tion against unauthorized disclosure and performing logical, arithmetic, or storage tional laboratory’’ means any of the fol- functions, and includes any data storage fa- that is so designated. lowing: cility or communications facility directly (5) The term ‘‘employee’’ includes any per- (1) The Lawrence Livermore National Lab- related to, or operating in conjunction with, son who receives a salary or compensation of oratory, Livermore, California. such device. any kind from the Department of Energy, is (2) The Los Alamos National Laboratory, (3) The term ‘‘authorized investigative a contractor of the Department of Energy or Los Alamos, New Mexico. agency’’ means an agency authorized by law an employee thereof, is an unpaid consultant (3) The Sandia National Laboratories, Al- or regulation to conduct a counterintel- of the Department of Energy, or otherwise buquerque, New Mexico. ligence investigation or investigations of acts for or on behalf of the Department of (4) The Oak Ridge National Laboratories, persons who are proposed for access to classi- Energy. Oak Ridge, Tennessee. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, JUNE 8, 1999 No. 80 Senate (Legislative day of Monday, June 7, 1999)

The Senate met at 9:30 a.m. on the amendments to the bill must be offered The PRESIDING OFFICER. The Sen- expiration of the recess and was called by 2:30 p.m. today. Therefore, addi- ator controls the time. to order by the President pro tempore tional amendments and votes are ex- Mr. GRASSLEY. I will not use all of [Mr. THURMOND]. pected throughout today’s session, that time for my amendment. with the expectation of finishing the First of all, as to the amendment PRAYER bill this evening. Cloture was filed on that is pending, authored by the Sen- The Chaplain, Dr. Lloyd John the motion to proceed to the Y2K legis- ator from Iowa, I thank the Senator Ogilvie, offered the following prayer: lation yesterday. Thus, a cloture vote from Alaska for offering my amend- will take place on Wednesday. ment yesterday, and I thank the Sen- For the Lord God is a sun and shield; ator from Alaska for asking for a roll- The Lord will be of grace and glory; I thank my colleagues for their at- No good thing will He withhold tention. call vote on my amendment, although From those who walk upright. Mr. President, I note the absence of a this amendment has been offered 5 pre- vious years and adopted 5 previous Holy Father, Source of strength, Au- quorum. The PRESIDENT pro tempore. The years without a rollcall. So, person- thor of the absolutes of morality, and clerk will call the roll. ally, I do not think it is necessary to the One to whom we are accountable, The legislative assistant proceeded have a rollcall vote. But if the chair- we renew our commitment to walk to call the roll. man of the committee and the ranking uprightly. We want to stand tall with Mr. GRASSLEY. Mr. President, I ask member of the committee want such a steady eyes focused on Your irrev- unanimous consent that the order for rollcall vote, that is OK with me. So I ocable mandates for character and be- the quorum call be rescinded. will take then just a few minutes to havior. Our deepest desire is to walk The PRESIDING OFFICER (Mr. speak about my amendment on match- with You, dear God, at Your pace, in VOINOVICH). Without objection, it is so ing disbursements with obligations. Your timing, and toward Your goals. ordered. The American taxpayers would take Help us not to run ahead of You or to f for granted, they would expect, the lag behind. Only then can we hear what nurturing of their tax dollars to be so You have to say for each situation and DEPARTMENT OF DEFENSE well done at the Federal level that relationship. May this be a sublime day APPROPRIATIONS ACT, 2000 Congress would not have to pass a spe- of serenity because we have placed our The PRESIDING OFFICER. Under cial amendment which would say that hands in Your strong and guiding hand. the previous order, the Senate will now the Department of Defense cannot pay We join our hearts in sympathy for resume consideration of S. 1122, which out $1 of taxpayers’ money without Mrs. Joe Biden as she grieves the death the clerk will report. being able to match it with an invoice of her father, Donald Jacobs. Comfort The legislative assistant read as fol- and contract that specified what goods her with Your presence and hope. lows:. or services they were buying. I hope in Through our Lord and Savior. Amen. A bill (S. 1122) making appropriations for most of Government that is the case, f the Department of Defense for the fiscal year ending September 30, 2000, and for other pur- but it has not been so with the Defense RECOGNITION OF THE ACTING poses. Department. In fact, I have been speak- MAJORITY LEADER Pending: ing for years on the subject of the tens Stevens (for Grassley) amendment No. 540 of billions of dollars that have actually The PRESIDENT pro tempore. The been spent, and at the time of pay- able acting majority leader is recog- to reduce to $500,000 the threshold amount for the applicability of the requirement for ment, the department failed to match nized. advance matching of Department of Defense the particular service or goods that are f disbursements to particular obligations. being paid for with their corresponding AMENDMENT NO. 540 contract. SCHEDULE The PRESIDING OFFICER. Under I have had the support of the chair- Mr. VOINOVICH. Mr. President, the previous order, there will now be 15 man of the Appropriations Committee today the Senate will resume consider- minutes of debate relative to the in setting in place policies that would ation of the defense appropriations bill Grassley amendment No. 540 with a gradually reduce the amount of money with a vote ordered on the pending vote to follow thereon. that could be paid out without an in- Grassley amendment to occur at 9:45 Mr. GRASSLEY. Mr. President, do I voice and contract to match. This pol- a.m. As a reminder, first-degree control that 15 minutes? icy has been incorporated in the last

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

S6645

. S6646 CONGRESSIONAL RECORD — SENATE June 8, 1999 five appropriations bills—fiscal years I thank the chairman of the com- bill must be offered by 2:30 p.m. Addi- 1995, 1996, 1997, 1998, and 1999. We are mittee, Senator STEVENS, and I thank tional amendments and votes are ex- now working on the fiscal year 2000 ap- the ranking minority member, Senator pected through today’s session. My col- propriations bill. It is my under- INOUYE, for their continuing support of league and I are working on a package standing that the committee supports this amendment. Every year for the of amendments which we will submit the amendment again this year. last 5 years I have offered this amend- as soon as this time has expired and Under current law, the matching ment, and every year for the last 5 this amendment has been voted upon. threshold is set at $1 million effective years they have put the amendment in At least we will discuss this package. this month. This means that the De- the bill, kept it there and protected it It is my hope we will be able to finish partment of Defense disbursing offi- in conference. This effort, particularly this bill today. I am going to work to cials must match each payment of $1 with their respected leadership in the achieve that goal. million or more with a corresponding area of defense, is very positive toward Does the Senator from Hawaii wish obligation or contract before the pay- the Department of Defense changing to make any comments on this amend- ment is made. My pending amendment their attitude about unmatched dis- ment? would continue the process of bursements and leading us to a point Mr. INOUYE. No. ratcheting down the threshold began 5 where we are reducing the amount of Mr. STEVENS. How much time re- years ago. It would lower the threshold unmatched disbursements. mains? then from the $1 million in present law I thank the chairman and ranking Mr. GRASSLEY. I yield back my to $500,000. Reports of the General Ac- member for their unwavering support, time. counting Office and inspectors general and I hope all my colleagues will sup- The PRESIDING OFFICER. All time consistently show that this policy is port this simple but important amend- has been yielded back. helping to reduce DOD’s unmatched ment. I yield the floor. Mr. STEVENS. I ask for the yeas and disbursement problems. As I under- I have time left over, and if the Sen- nays, Mr. President. stand it, the DOD has lowered the ator from Alaska wants some of my The PRESIDING OFFICER. Is there a threshold to zero in most disbursing time, he can have it. sufficient second? centers. Mr. STEVENS. Mr. President, I will I thank the Department of Defense There appears to be a sufficient sec- take a couple of minutes. for having adopted a policy that every ond. I was pleased to offer this amend- taxpayer would assume is a principle of The yeas and nays were ordered. ment for my good friend from Iowa, good Government management, and Mr. STEVENS. Mr. President, what Senator GRASSLEY. Senator GRASS- that is that they would not pay out one time is the vote scheduled to take LEY’s determined effort to improve the penny without being able to show what place? Department of Defense financial ac- they ordered and received for that The PRESIDING OFFICER. At 9:45. counting standards, by demanding that penny. That has become a policy at Mr. STEVENS. I yield the floor. funds disbursed are matched by funds some of the disbursing centers but not The PRESIDING OFFICER. The obligated—simply meaning that they at all the centers. So we want to see question is on agreeing to amendment the threshold lowered to zero at all lo- balance their checkbook and they let No. 540. The yeas and nays have been cations because we think it is just us know so the taxpayers will know ordered. The clerk will call the roll. sound business management that not what the checks have been written The legislative clerk called the roll. one penny of the taxpayers’ dollars for—his efforts has already yielded re- Mr. NICKLES. I announce that the should be paid out if there is not an in- sults in lowering the Department’s un- Senator from Idaho (Mr. CRAPO), the voice and contract for what has been matched disbursements. Senator from Arizona (Mr. MCCAIN), bought and received, either goods or To those who may be unfamiliar with and the Senator from Minnesota (Mr. services, for that amount of money. this problem, as of the fiscal year 1998, GRAMS) are necessarily absent. So we are not quite at zero all over according to the Department’s own in- Mr. REID. I announce that the Sen- the country with all of the centers. spector general, the Department re- ator from Connecticut (Mr. DODD), the Some Department of Defense dis- ported a substantial problem with dis- Senator from New York (Mr. MOY- bursing centers still have problems. bursements. That means that funds NIHAN), and the Senator from New Jer- This amendment will help keep the were reported having been disbursed to sey (Mr. TORRICELLI) are necessarily pressure on and hopefully in time will the Treasury but not processed, or, in absent. help the Department of Defense elimi- other cases, the Department’s employ- I also announce that the Senator nate in the future all unmatched dis- ees could not match a disbursement to from Delaware (Mr. BIDEN) is absent bursements, so that the Senator from an obligated item. due to a death in the family. Iowa will never have to come to the There is a conflict here. We are try- I further announce that, if present Senate floor again and say we have ing to make certain those who provide and voting, the Senator from New York these billions of dollars that the Pen- services to the Department of Defense (Mr. MOYNIHAN) would vote ‘‘aye.’’ tagon paid out and they have never are promptly paid. On the other hand, The PRESIDING OFFICER (Mr. been able to show exactly what they there is a requirement for the tax- BUNNING). Are there any other Sen- ordered and received. payers that we know what they have ators in the Chamber desiring to vote? If the threshold specified in this paid and what we have bought with the The result was announced—yeas 93, amendment is unworkable, then I have funds, as the Senator said. nays 0, as follows: The Appropriations Committee is asked the chairman to adjust the dol- [Rollcall Vote No. 155 Leg.] lar level in conference, but I hope it is pleased to work with Senator GRASS- YEAS—93 so obvious that we will be able to tell LEY and the Department of Defense to ensure the Department makes steady Abraham Cochran Grassley the taxpayers of this country that we Akaka Collins Gregg know what they are buying; that at progress in reducing these problem dis- Allard Conrad Hagel least for the next year we should keep bursements. I do support the amend- Ashcroft Coverdell Harkin the pressure on for the still fantas- ment of the Senator from Iowa, and I Baucus Craig Hatch Bayh Daschle Helms tically high level of $500,000 that could believe all Senators seek to improve Bennett DeWine Hollings be paid out under certain cir- the Department’s control over the ap- Bingaman Domenici Hutchinson cumstances without the invoice and propriation of taxpayers’ funds to the Bond Dorgan Hutchison contract immediately available. Department of Defense. Boxer Durbin Inhofe Breaux Edwards Inouye I do not want to stand before the What time will the vote take place, Brownback Enzi Jeffords Senate and be embarrassed by saying Mr. President? Bryan Feingold Johnson that we can somehow justify even a The PRESIDING OFFICER. The Sen- Bunning Feinstein Kennedy $500,000 check being written without ator from Alaska has 6 minutes re- Burns Fitzgerald Kerrey Byrd Frist Kerry knowing what goods and services were, maining. Campbell Gorton Kohl in fact, ordered and received and being Mr. STEVENS. I remind Senators Chafee Graham Kyl paid for. that first-degree amendments to this Cleland Gramm Landrieu June 8, 1999 CONGRESSIONAL RECORD — SENATE S6647 Lautenberg Nickles Smith (NH) ments in the bill brought about by a the Secretary of Defense shall make a grant Leahy Reed Smith (OR) in the amount of $23,000,000 to the American Levin Reid Snowe review made by the Congressional Budget Office and the Office of Man- Red Cross for Armed Forces Emergency Lieberman Robb Specter Services.’’ Lincoln Roberts Stevens agement and Budget. These amend- Lott Rockefeller Thomas ments allocate funds in a different Lugar Roth Thompson AMENDMENT NO. 545 Mack Santorum Thurmond manner under the bill. At the appropriate place in the bill insert McConnell Sarbanes Voinovich The first change is an increase in the following: Mikulski Schumer Warner funds for the Army Test Range Facili- ‘‘SEC. . In addition to the funds available Murkowski Sessions Wellstone ties Program. in Title III, $10,000,000 is hereby appropriated Murray Shelby Wyden The second readjusts one account in for U–2 cockpit modifications.’’ NOT VOTING—7 the Navy, and moves $51.84 million into The PRESIDING OFFICER. The Sen- Biden Grams Torricelli the Joint War Fighting Experimental ator from Hawaii. Crapo McCain Program, and leaves it under the con- Mr. INOUYE. Mr. President, I have Dodd Moynihan trol of Vice Chairman of the Joint had the opportunity to study these four The amendment (No. 540) was agreed Chiefs reporting to the defense com- amendments. They are authorized by to. mittees of the House and the Senate. the authorizing committee. I am in full Mr. BURNS. Mr. President, I move to The third will appropriate funds to support of them. reconsider the vote. meet the authorization bill’s provision Mr. STEVENS. Mr. President, I urge Mrs. BOXER. I move to lay that mo- of funds to assist the Red Cross in pro- adoption of the amendments en bloc. tion on the table. viding Armed Forces emergency serv- The PRESIDING OFFICER. Without The motion to lay on the table was ices. objection, the amendments are agreed agreed to. The fourth is to deal with the addi- to. Mrs. BOXER addressed the Chair. tion of $10 million from cockpit modi- The amendments (Nos. 542, 543, 544, The PRESIDING OFFICER. The Sen- fications to the U2. and 545), en bloc, were agreed to. Mr. STEVENS. Mr. President, I move ator from California is recognized. I send them to the desk, and I ask to reconsider the vote. AMENDMENT NO. 541 unanimous consent that they be con- Mr. INOUYE. I move to lay that mo- (Purpose: To substitute for section 8106 (re- sidered en bloc. tion on the table. lating to operational support aircraft) a re- The PRESIDING OFFICER. The The motion to lay on the table was quirement for a report) clerk will report. agreed to. Mrs. BOXER. Mr. President, I send an The assistant legislative clerk read Mr. STEVENS. Mr. President, we are amendment to the desk and ask for its as follows: working on a managers’ package. We immediate consideration. The Senator from Alaska (Mr. STEVENS) have several amendments that we be- The PRESIDING OFFICER. The proposes amendments numbered 542, 543, 544, lieve the Senate should include in such and 545, en bloc. clerk will report. a package. I urge Members who have The assistant legislative clerk read The amendments (Nos. 542, 543, 544, identified amendments they intend to as follows: and 545), en bloc, are as follows: offer to consult with my friend from The Senator from California [Mrs. BOXER], AMENDMENT NO. 542 Hawaii, myself, and our staffs to see if for herself, Mr. HARKIN, and Mr. WYDEN, pro- (Purpose: To provide funds for Research, we can’t enlarge this package and take poses an amendment numbered 541. Development, Test and Evaluation, Army) care of a series of items that are really The amendment is as follows: In the appropriate place in the bill, insert not controversial during the time that Strike section 8106, and insert the fol- the following new section: we have a vehicle. lowing: ‘‘SEC. . In addition to any funds appro- As I have stated before, all amend- priated elsewhere in Title IV of this Act SEC. 8106. Not later than March 1, 2000, the under the heading ‘‘Research, Development, ments to this bill in the first degree Secretary of Defense shall submit to Con- must be introduced by 2:30 this after- gress a report on the inventory and status of Test and Evaluation, Army’’, $9,000,000 is hereby appropriated only for the Army Test noon. operational support aircraft, Commander-in- We stand ready to work with any Chief support aircraft, and command support Ranges and Facilities program element.’’ aircraft of the Department of Defense. The Member on an amendment. This would report shall include a detailed discussion of AMENDMENT NO. 543 be a good time for anyone who has an the requirements for such aircraft, the fore- At the appropriate place in the bill, insert amendment that is controversial to seeable future requirements for such air- the following: come and offer it. So far, no one has craft, the cost of leasing such aircraft, com- ‘‘SEC. . Notwithstanding any other provi- volunteered to undertake that task. mercial alternatives to use of such aircraft, sion in this Act, the total amount appro- But pending a Member wishing to offer priated in this Act for Title IV under the the cost of maintaining the aircraft, the ca- an amendment, I suggest the absence pability and appropriateness of the aircraft heading ‘‘Research, Development, Test, and Evaluation, Navy’’, is hereby reduced by of a quorum. to fulfill mission requirements, and the rel- The PRESIDING OFFICER. The evancy of the missions of the aircraft to $26,840,000 and the total amount appropriated warfighting requirements. in this Act for Title IV under the heading clerk will call the roll. ‘‘Research, Development, Test, and Evalua- The assistant legislative clerk pro- Mrs. BOXER. Mr. President, I ask tion, Defense-Wide’’, is hereby increased by ceeded to call the roll. unanimous consent that my amend- $51,840,000 to reflect the transfer of the Joint Mr. STEVENS. Mr. President, I ask ment be laid aside for further debate. Warfighting Experimentation Program: Pro- unanimous consent that the order for The PRESIDING OFFICER. Without vided, That none of the funds provided for the quorum call be rescinded. objection, it is so ordered. The amend- the Joint Warfighting Experimentation Pro- The PRESIDING OFFICER. Without ment will be laid aside. gram may be obligated until the Vice Chair- objection, it is so ordered. man of the Joint Chiefs of Staff reports to Mr. BURNS. Mr. President, I suggest UNANIMOUS CONSENT AGREEMENT the absence of a quorum. the Congressional defense committees on the role and participation of all unified and spec- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. The ified commands in the JWEP.’’ unanimous consent that when the Sen- clerk will call the roll. ate receives from the House of Rep- The legislative clerk proceeded to AMENDMENT NO. 544 resentatives the companion bill to S. call the roll. (Purpose: To provide funding for the Amer- 1122, the Senate immediately proceed Mr. STEVENS. Mr. President, I ask ican Red Cross Armed Forces Emergency to the consideration thereof; that all unanimous consent that the order for Services program) after the enacting clause be stricken the quorum call be rescinded. In the appropriate place in the bill, insert and the text of S. 1122, as passed, be in- The PRESIDING OFFICER. Without the following new section: serted in lieu thereof; that the House objection, it is so ordered. ‘‘SEC. . In addition to the amounts appro- bill, as amended, be read for the third priated or otherwise made available else- AMENDMENTS NOS. 542, 543, 544, AND 545, EN BLOC where in this Act for the Department of De- time and passed; that the Senate insist Mr. STEVENS. Mr. President, I fense, $23,000,000, to remain available until on its amendment, request a con- would like to send to the desk a series September 30, 2000 is hereby appropriated to ference with the House on the dis- of amendments which provide adjust- the Department of Defense: Provided, that agreeing votes of the two Houses, and S6648 CONGRESSIONAL RECORD — SENATE June 8, 1999 that the Chair be authorized to appoint The PRESIDING OFFICER. The President over the next few months, no conferees on the part of the Senate; amendment is numbered and set aside. matter what happens relative to the and that the foregoing occur without Mr. INOUYE. Mr. President, I suggest air war. any intervening action or debate. the absence of a quorum. One of the concerns I have, and I I further ask unanimous consent that The PRESIDING OFFICER. The think many Americans have, is that S. 1122 not be engrossed and that it re- clerk will call the roll. America will end up paying a dis- main at the desk pending receipt of the The legislative assistant proceeded proportionate cost of the reconstruc- House companion bill, and that upon to call the roll. tion of Kosovo and potentially Yugo- passage of the House bill, as amended, Mr. INOUYE. Mr. President, I ask slavia. It is my opinion that no Amer- the passage of S. 1122 be vitiated and unanimous consent that the order for ican funds should be spent for the re- the bill be indefinitely postponed. the quorum call be rescinded. construction of Yugoslavia until The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Milosevic is removed as its leader. objection, it is so ordered. objection, it is so ordered. It is further my view that America’s f PRIVILEGE OF THE FLOOR participation in the cost of long-term Mr. INOUYE. Mr. President, I ask reconstruction of Kosovo should be ex- RECESS unanimous consent that Ms. Sandi tremely limited, that our cost should Mr. STEVENS. Mr. President, we are Dittig, on the staff of Senator GRAHAM be minor, a fraction of the amount of working on the managers’ package, and of Florida, be granted full privileges of the cost of reconstruction, and that the to do this, we have to be off the floor. the floor during this debate. vast majority of the burden of recon- Therefore, I ask unanimous consent The PRESIDING OFFICER. Without struction should be borne by the Euro- that the Senate stand in recess until objection, it is so ordered. pean nations. 11:30 a.m. We hope Members will come Mr. INOUYE. Mr. President, I suggest As a nation, the United States has and talk to us about this managers’ the absence of a quorum. borne a disproportionate amount of the package in the event they want amend- The PRESIDING OFFICER. The cost of the war that has gone on in ments in it. clerk will call the roll. Yugoslavia. It is, after all, a European There being no objection, at 10:42 The legislative assistant proceeded issue more than an American issue. a.m., the Senate recessed until 11:32 to call the roll. The United States had no national a.m.; whereupon, the Senate reassem- Mr. GREGG. Mr. President, I ask strategic interest in this part of the bled when called to order by the Pre- unanimous consent that the order for world. Not until the hundreds of thou- siding Officer (Mr. ENZI). the quorum call be rescinded. sands of refugees were created did we f The PRESIDING OFFICER. Without really have any significant interest at objection, it is so ordered. all in this part of the world; the refu- DEPARTMENT OF DEFENSE AMENDMENT NO. 548 gees, of course, being a function of part APPROPRIATIONS ACT, 2000 (Purpose: To prohibit the use of refugee re- of the diplomacy of this administra- The Senate continued with the con- lief funds for long-term, regional develop- tion, which, in my opinion, has been a sideration of the bill. ment or reconstruction in Southeastern gross blunder in this region of the Europe) PRIVILEGE OF THE FLOOR world. Mr. STEVENS. I ask unanimous con- Mr. GREGG. Mr. President, I send an In any event, this is a European issue sent that Danelle Scotka, a fellow in amendment to the desk. which should be addressed by the Euro- The PRESIDING OFFICER. The pean nations. Certainly, the recon- the office of Senator HUTCHISON, be clerk will report. granted the privilege of the floor dur- struction issue is a European issue The legislative assistant read as fol- ing consideration of S. 1122. which should be addressed by the Euro- lows: The PRESIDING OFFICER. Without pean nations, and American taxpayers objection, it is so ordered. The Senator from New Hampshire [Mr. should not be asked to bear the cost of GREGG] proposes an amendment numbered it. Mr. STEVENS. Mr. President, I sug- 548. gest the absence of a quorum. What my amendment does is simply The PRESIDING OFFICER. The Mr. GREGG. Mr. President, I ask state that the emergency appropria- clerk will call the roll. unanimous consent that reading of the tions, which we eventually pass for The legislative assistant proceeded amendment be dispensed with. purposes of fighting the war in Kosovo, The PRESIDING OFFICER. Without to call the roll. will be limited in their application so objection, it is so ordered. Mr. INOUYE. Mr. President, I ask they cannot be used for long-term The amendment is as follows: structural reform of the economy or unanimous consent that the order for At the appropriate place in the bill, insert the quorum call be rescinded. the capital needs of Kosovo, without the following new section: the President coming to Congress and The PRESIDING OFFICER. Without SEC. . PROHIBITION ON USE OF REFUGEE RE- objection, it is so ordered. requesting those funds be used in that LIEF FUNDS FOR LONG-TERM RE- way and without him putting forward a AMENDMENT NO. 547 GIONAL DEVELOPMENT OR RECON- STRUCTION IN SOUTHEASTERN EU- strategic plan which reflects how much (Purpose: To set aside $63,041,000 of Air Force ROPE. it is going to cost us as a nation to re- research, development, test, and evalua- None of the funds made available in the construct the Kosovo infrastructure. tion funds for C–5 aircraft modernization) 1999 Emergency Supplemental Appropria- Until we receive that plan and it is ap- Mr. INOUYE. Mr. President, at the tions Act (Public Law 106–31) for emergency proved by the Congress, these funds request of the senior Senator from support of refugees and displaced persons and would not be made available for that Delaware, Mr. BIDEN, I offer an amend- the local communities directly affected by the influx of refugees may be made available sort of effort. ment and ask that it be temporarily It does not limit these funds being set aside. to implement a long-term, regional program of development or reconstruction in South- used for humanitarian purposes. It does The PRESIDING OFFICER. The eastern Europe except pursuant to specific not limit these funds being used for the clerk will report. statutory authorization enacted on or after immediate needs of our own military, The legislative clerk read as follows: the date of enactment of this Act. should our own military be interjected The Senator from Hawaii [Mr. INOUYE], for Mr. GREGG. Mr. President, the pur- into Kosovo for some reason. It does Mr. BIDEN, proposes an amendment num- pose of this amendment, which I will not limit the funds being used for bered 547. agree to have set aside whenever the things such as replacing wells and get- The amendment is as follows: chairman decides to do so, is to address ting people back in their homes with On page 107, between lines 12 and 13, insert the issue of the reconstruction of electricity temporarily. the following: Kosovo and funds that might be spent What it does limit is any long-term SEC. 8109. Of the funds appropriated in title IV under the heading ‘‘RESEARCH, DEVELOP- in Kosovo for reconstruction. The con- attempt to rebuild Kosovo’s infrastruc- MENT, TEST, AND EVALUATION, AIR FORCE’’, cept of reconstruction, of course, is ture, which would be part of an overall $63,041,000 shall be available for C–5 aircraft something that is going to have to be plan for reconstruction, without us modernization. dealt with by the Congress and the first getting such a plan and knowing June 8, 1999 CONGRESSIONAL RECORD — SENATE S6649 how much it is going to cost the Amer- tion. I want to make sure that it does security technology and other information ican taxpayers. I do think the adminis- not impede the activities of our forces assurance technologies to accomplish a more tration has an obligation to be honest to really provide for their own protec- focused and effective information assurance with the taxpayers and tell us exactly tion, as well as the facilities that will effort. what they are really thinking we are be needed by our people if they move Mr. BYRD. Mr. President, I have an going to have to pay in terms of costs. into the area immediately after the amendment at the desk. I have read news reports coming out cessation of hostilities. But I do think The Department of Defense operates of the European Union that suggested when we get to a long-range concept, a over two million separate computers the European Union position is that new Marshall Plan for this area, it is and 25,000 distinct computer systems to the U.S. taxpayer should pay for half of something that the Congress must be conduct its mission. These computer the cost of the reconstruction of involved in, and the taxpayers must systems are integral parts of a wide va- Kosovo. To me, that would be unac- know what our share is going to be be- riety of Department of Defense (DOD) ceptable. I have read other news re- fore we commence such activities. programs. Many of these programs are ports from folks who work for our I urge the Senator to lay his amend- critical to the direct fulfillment of agencies saying the United States may ment aside. military or intelligence missions; but be willing to pay up to 25 percent of the Mr. GREGG. Mr. President, I believe other vital activities also affected in- long-term cost of the reconstruction of my amendment is in sync with the clude command and control, satellites, Kosovo. We are talking about, poten- opinions expressed by the chairman. I inventory and transportation manage- tially, 5, 10, 15 years, with significant ask that my amendment be set aside. ment, medical equipment, payment of capital expenditures in that region of The PRESIDING OFFICER. Without checks, and personnel records. the world, and 25 percent would be a objection, it is so ordered. The Department is now becoming huge number. Mr. GREGG. I yield the floor. aware that attacks on these systems If that is the administration’s posi- Mr. BYRD addressed the Chair. may be capable of significantly affect- tion, we need to know what that num- The PRESIDING OFFICER. The Sen- ing our military power, just as surely ber is before we start down that road. ator from West Virginia is recognized. as a direct physical assault. Experience This amendment is a minor attempt to AMENDMENTS NOS. 549 AND 550, EN BLOC with ‘‘hackers’’ and DOD exercises in- keep us from starting down that road Mr. BYRD. Mr. President, I send two dicate that defense systems, often glob- and to get the administration to be amendments to the desk and ask for ally-linked and readily-accessed, are forthright as to what are these costs. their immediate consideration. vulnerable to unauthorized penetration Mr. STEVENS. Will the Senator The PRESIDING OFFICER. The of their information networks. News- yield? clerk will report. papers have been filled with reports in Mr. GREGG. Yes. The legislative clerk read as follows: recent days about ‘‘hackers’’ attacking Mr. STEVENS. Mr. President, I will The Senator from West Virginia [Mr. the web sites of the FBI, the White discuss this matter later, but I will say BYRD] proposes amendments numbered 549 House, the Department of Interior, and that the Senator’s amendment is con- and 550, en bloc. even the Senate. sistent with my understanding of the The amendments are as follows: For example, I am told that by using purposes for which we passed the 1999 AMENDMENT NO. 549 unsophisticated ‘‘hacker tools,’’ in- supplemental. The moneys in that sup- (Purpose: To set aside $10,000,000 of Oper- truders are able to crack systems pass- plemental were for assistance to the ation and Maintenance, Defense-Wide words, establish super-user status (net- refugees and for conducting the air funds for carrying out first-year actions of work control), search for and turn on war. It is my understanding that there the 5-year research plan for addressing microphones or cameras on personal was no money for the ground war, no low-level exposures to chemical warfare computers connected to the installa- money for the subsequent force—what- agents) tion campus area network. Hackers ever it may be—that follows after the On page 107, between lines 12 and 13, insert may then capture intra-office con- cessation of hostilities in that area. As the following: versations and live video and download the Senator stated, it would be for the SEC. 8109. Of the funds appropriated in title it to their computers. A simple test of II under the heading ‘‘OPERATION AND MAIN- long-term reconstruction and not for the microphone sensitivity revealed TENANCE, DEFENSE-WIDE’’ for the Office of the temporary things that might be the Special Assistant to the Deputy Sec- low-level conversations were easily done to assist the Kosovo refugees to retary of Defense for Gulf War Illnesses, heard from roughly thirty feet away. go back to their former homes. I think $10,000,000 shall be available for carrying out This is particulary critical in areas that will be probably something that the first-year actions under the 5-year re- where classified and sensitive informa- will have to have money immediately, search plan outlined in the report entitled tion is stored and discussed. once we have a cessation of hostilities, ‘‘Department of Defense Strategy to Address The compelling need for controlling which I pray will be very soon. Low-Level Exposures to Chemical Warfare access to our Nation’s vital informa- Agents (CWAs)’’, dated May 1999, that was tion networks through computers be- I think this ought to be a marker submitted to committees of Congress pursu- that we put down that we want to see ant to section 247(d) of the Strom Thurmond comes immediately evident when one how these costs are going to be met in National Defense Authorization Act for Fis- considers just one battlefield sce- this area after the hostilities cease. cal Year 1999 (Public Law 105–261; 112 Stat. nario—the possibility that one of our The economy of the European Union 1957). important command and control out- now is greater than ours. Their em- posts on the ground is overrun by hos- ployment picture is even better than AMENDMENT NO. 550 tile forces. Just imagine what leverage ours. I don’t see any reason why there (Purpose: To increase by $10,000,000 the that would provide to a computer-so- should be an assumption that we will amount provided for the Army for other phisticated enemy. And, I am told that carry on at the past level of expendi- procurement for an immediate assessment the Department has learned from its of biometrics sensors and templates reposi- tures. There is no question that the ex- tory requirements, and for combining and experience in Kosovo that this kind of penditures made in the war so far are consolidating biometrics security tech- a threat is not limited to major world overwhelmingly U.S. expenditures. I do nology and other information assurance powers. not deny the participation of the NATO technologies to accomplish a more focused At the present time, the basic proc- allies in the activities, but their costs and effective information assurance effort) ess the Department relies upon to pro- are infinitesimal compared to ours On page 107, between lines 12 and 13, insert tect its computer systems are some when you view the long line that our the following: kind of card and/or passwords including supplies have to follow to get there and SEC. 8109. Of the funds appropriated in title random characters. Users often are re- the cost of maintaining our forces III under the heading ‘‘OTHER PROCUREMENT, quired to have several such cards or ARMY’’, $51,250,000 shall be available for the passwords in connection with their there as compared to those who go Information System Security Program, of home every night, in terms of the par- which $10,000,000 shall be available for an im- work. This approach to information se- ticipants from the European Union. mediate assessment of biometrics sensors curity has some serious drawbacks for I hope the Senate will take a very and templates repository requirements and the long run. Passwords can be forgot- careful look at the Senator’s sugges- for combining and consolidating biometrics ten, shared, or observed, and cards can S6650 CONGRESSIONAL RECORD — SENATE June 8, 1999 be lost, stolen, or duplicated. More- provides an additional $10.0 million for strategic calculation of our country. Of over, as the need for even more secu- an immediate assessment of biometrics course, that is not the case. rity grows with advancing technology, sensors and templates repository re- I want to talk for a moment about the situation will become more cum- quirements, and for combining and the range of threats against our coun- bersome and less effective. On the consolidating biometrics security tech- try. One of those threats is the threat other hand, more sophisticated means nology and other information assur- of a terrorist nation, or an adversary, are expected to become available to ance technologies to accomplish a acquiring an intercontinental ballistic make unwanted intrusions, necessi- more focused and effective information missile and affixing to the top of this tating even more complex password assurance effort. missile a nuclear warhead and then fir- and card systems. The PRESIDING OFFICER. The ing that missile at the United States of There is an emerging technology amendments will be laid aside. America. If that should happen, do we available to the Department that Mr. DORGAN addressed the Chair. want to have in place a national mis- promises to provide a more effective The PRESIDING OFFICER. The sile defense system to intercept it? Of information security system, and that Chair recognizes the Senator from course. The answer is yes, of course. is biometrics. Almost everyone is fa- North Dakota. What are the likely threats? I men- miliar with fingerprints. Fingerprints Mr. DORGAN. Mr. President, I am tioned an intercontinental ballistic are a biometric signature. Others are not going to offer an amendment to missile being acquired by a terrorist voice, face recognition, the iris of the this bill. In fact, I am a member of the nation. But, it is far more likely that eye, and keystroke dynamics or typing subcommittee and I commend the Sen- it would not be an intercontinental patterns; and I understand there are ator from Alaska, Mr. STEVENS, and ballistic missile but a cruise missile; others as well. With this approach, ac- the Senator from Hawaii, Mr. INOUYE, they are much more widely dispersed, cess to a particular computer or net- for their leadership and work on this and it would be much more easily ac- work of computers is controlled by legislation. I am pleased to work with quired. That cruise missile would trav- comparing one or several biometric them on a range of issues that deal el 500 feet above the ground, at 500 or signatures of the person asking to use with the defense of this country and 600 miles an hour, and would be the machine, with a template on file in with the strengthening of the Armed launched from a barge, or a submarine, a central location that contains the bi- Forces. I think they do an excellent or a plane just off our shores. That is ometric identification of the author- job. not going to be intercepted by a na- ized user of that computer. There is no There is one area—and not just on tional missile defense system. card. There is no password. The test is this legislation—of the policy debate in Some say we are working on theater whether the potential user is who he or Congress I wanted to mention during defense that will intercept cruise mis- she claims to be. The system authen- the discussion on funding, and that is siles. Yes, but that theater defense ticates a claimed identity from pre- the area of national missile defense. I isn’t part of what is going to protect viously enrolled patterns or distin- do have some concerns about the policy the perimeter of our country. It is far guishable traits. I understand that in and direction of national missile de- more likely that a terrorist nation the commercial world there are some fense. I wanted to express them now be- would acquire a cruise missile. Is there examples of biometric identification cause I think this is the appropriate a defense system against a cruise mis- already in use. Some ATM machines, place. sile? for instance, now rely on iris signa- I don’t quarrel with the question of It is far more likely a terrorist na- tures to permit access rather than the research for national missile defense. tion would, in fact, terrorize our coun- familiar card we all carry. We have been involved in a robust re- try with a deadly vial of biological or The Army has a particular interest search program on missile defense. chemical weapons that could cause the in developing an effective control over Hopefully, that research, at some kind of chaos that nearly occurred in the access to its information systems point, will bear fruit sufficient that if a Japan a couple of years ago, where the through computers, because of the far threat exists that would persuade us to right kind of deadly biological agents flung nature of its forces, and because deploy, we would deploy a national can kill thousands, hundreds of thou- its battle systems are becoming in- missile defense system that is a work- sands, perhaps a million people. It is creasingly dependent on information able system and one that provides real far more likely that a major U.S. city networks. and significant protection to our coun- would be threatened by a suitcase This bill already includes $5.0 million try. bomb placed in the trunk of a rusty in the Other Procurement, Army, ap- Last week—I think perhaps it was a Yugo car on a New York City dock by propriation for an initial biometrics week ago tomorrow—I was driving on a a terrorist nation. That is far more computer information assurance sys- road up in far northeastern North Da- likely than them acquiring a sophisti- tem prototype project. I understand kota. I looked to my left and I saw this cated intercontinental ballistic mis- that the Army has exhibited strong huge concrete structure. It is, of sile. leadership in the exploration and de- course, the only antiballistic missile The potential, for example, of an ad- velopment of technologies in the bio- system that was ever built in the free versary such as Russia, which has sub- metrics arena, and is a natural leading world. It was built in the late 1960s, stantial nuclear might, accidentally candidate to be considered as the exec- early 1970s. It was built in Nekoma, launching tubes full of missiles from a utive agent in this work for the De- ND, up in the northeastern corner of Russian submarine would not be de- partment of Defense and perhaps the our State. The very month it was de- feated by the national missile defense federal government. The amendment I clared operational it was also system we are talking about because am offering is intended to respond to mothballed. Apparently, in today’s dol- the system being discussed could only the immediacy of the critical informa- lars, somewhere around $20 billion was potentially defeat a handful of mis- tion assurance requirement of the spent. We still have the massive quan- siles, not an accidental launch of all Army, and to build on the Army’s lead- tities of concrete poured into a build- the tubes of a Russian submarine. Only ership role in biometrics technology. ing that looks very much like a mod- a handful of missiles could be inter- The amendment also builds on the bio- ern-day pyramid up in the vast reaches cepted by the missile defense system metrics prototype project to explore a of northeastern North Dakota. That is that is currently under discussion. more focused and synergistic effort to a legacy, I suppose, to the taxpayers That doesn’t suggest that we ought not develop information assurance tech- who say sometimes you can have a consider it. But the question I ask is nology. Finally, it also builds on and very expensive program that doesn’t this: Consideration at what price and anticipates a working relationship turn out quite the way you expected. with what other consequences? with the Criminal Justice Information Some will say, well, that program was First, as we begin to make decisions Services Division of the FBI, which just fine; it was a bargaining chip in about a national missile defense sys- houses and operates the world’s finest arms control, and it was mothballed tem, I don’t think we ought to just single biometric data base—finger- the very month it was declared oper- throw money at the system. I think prints. Specifically, my amendment ational because that was part of the some who have an appetite for it say June 8, 1999 CONGRESSIONAL RECORD — SENATE S6651 we should just keep pouring money in The fact is that we have made signifi- problem that this country ought to pay there and somehow a system will cant progress under our arms control serious attention to, and it ought to emerge that will protect our country. I agreements. I think we need to be very command a substantial amount of our think that would lead to a great deal of careful as we proceed down this road time. waste. not to do one thing at the expense of Mr. President, I yield the floor and I Second, the debate we have about de- others that we know will work. make a point of order that a quorum is ploying a national missile defense sys- I only wanted to say again that the not present. tem, as soon as technologically pos- national missile defense program is one The PRESIDING OFFICER. The sible or feasible, is a debate that wor- that I have provided support for by clerk will call the roll. ries me, because it seems to suggest all substantial amounts of research. I do The legislative assistant proceeded of the consequences are less important worry sometimes that the amount of to call the roll. and all of the consequences should be money offered is exceeding the amount Mr. STEVENS. Mr. President, I ask set aside. of money the system is capable of unanimous consent that the order for What are those other consequences? using effectively. It is a difficult tech- the quorum call be rescinded. One is a program we now have under nology to hit a bullet with a bullet at The PRESIDING OFFICER. Without way with Russia in which we actually intercontinental missile speeds. Some objection, it is so ordered. saw the wings off Russian bombers. We of my colleagues make the point that AMENDMENT NO. 551 actually remove Russian missiles from it is not one program, it is many pro- Mr. STEVENS. Mr. President, I send their silos and remove the warheads grams in a seamless transition of deal- an amendment to the desk. from the missile. We are reducing in a ing with suppression of missile threats The PRESIDING OFFICER. The dramatic way the number of missiles in the theater, and also dealing with clerk will report. and bombers and the capabilities of de- intercontinental ballistic missile The assistant legislative clerk read livering warheads aimed at this coun- threats. as follows: try. It is true that these programs rep- The Senator from Alaska (Mr. STEVENS), I have in this desk drawer a little resent a number of different kinds of for Mr. NICKLES, proposes an amendment numbered 551. vial which, with the consent of the Pre- programs. But the largest of them is At the appropriate place in the bill, insert siding Officer, I will show. This little the national missile defense program, the following: vial of material is wiring that was commonly referred to as that, which ‘‘None of the funds appropriated or other- ground up. It is from a Russian sub- would be deployed to defend against an wise made available by this or any other act marine that carried missiles aimed at intercontinental ballistic missile. Rep- may be made available for reconstruction ac- the United States. That submarine is resenting a State that has housed the tivities in the Republic of Serbia (excluding reduced to small pieces of metal. It is only ABM or national missile defense the province of Kosovo) as long as Slobodan Milosevic remains the President of the Fed- cut up. It doesn’t exist anymore. I have program that was ever built in the eral Republic of Yugoslavia (Serbia and Mon- some of the wiring right here. Free World, I have some acquaintance tenegro).’’ How do we acquire the wiring of a with it. Mr. STEVENS. Mr. President, I ask Russian ballistic missile submarine? It is my hope that when and if this unanimous consent that the amend- You could shoot it and destroy it. That country deploys a system in the future, ment be set aside. is one way. Or, the other way is with it not be done at the expense of arms The PRESIDING OFFICER. Without an agreement between ourselves and control reductions that exist in other objection, the amendment will be set the Russians to reduce weapons of arms control agreements. That we not aside. mass destruction and the delivery ca- decide to focus so much on this issue Mr. STEVENS. Mr. President, I sug- pabilities of each side. We have seen that we do so at the expense of the gest the absence of a quorum. submarines and bombers and nuclear nonproliferation efforts this country The PRESIDING OFFICER. The warheads being systematically reduced ought to have as job one. We ought to clerk will call the roll. in a very aggressive way. worry very much every day and in The assistant legislative clerk pro- That is exactly what is happening every way about efforts to prevent the ceeded to call the roll. here. That happens through the Nunn- proliferation and spread of weapons of Mr. STEVENS. Mr. President, I ask Lugar funds that are offered in this mass destruction. unanimous consent that the order for kind of legislation. It is a very impor- I think there is a lot of evidence out the quorum call be rescinded. tant program. It has been remarkably there about which we need to be very The PRESIDING OFFICER. Without successful. I do not want to, by what concerned. Frankly, I think it has objection, it is so ordered. we are doing in other areas, jeopardize taken a back seat in recent years. I AMENDMENTS NOS. 552 THROUGH 573, EN BLOC that kind of arms reduction and arms think it has taken a back seat in Con- Mr. STEVENS. Mr. President, I send control. gress and a back seat in the adminis- to the desk a portion of the managers’ One other point, Mr. President: It is tration. I don’t think we have had package that we have been working on. true that this is an increasingly dif- nearly as much effort as I would feel I will delineate each amendment, send ficult and dangerous world. North comfortable with to try to combat the them to the desk, and ask they be con- Korea is testing medium-range mis- proliferation of weapons of mass de- sidered en bloc. siles. Iran is testing medium-range struction. The first is an amendment of Senator missiles. Pakistan and India do not There are not too many countries INHOFE pertaining to the Starstreak like each other, and they exploded nu- that have nuclear weapons at this missile. The next is an amendment of clear weapons right under each other’s point, but many countries want to ac- Senator MACK, $6 million for advanced- nose. It is a difficult and dangerous quire them. There is a black market in track acquisition; another amendment world. the weapons material and production of Senator MACK, $3 million electronic I support research on missile defense. of nuclear weapons. As all of those propulsion systems; Senator MACK, $5 But I do not support efforts that would countries are seeking to acquire weap- million for the tropical remote sensing say let us demand deployment of any ons of mass destruction, including nu- radar; an amendment of Senator system as soon as technologically fea- clear weapons, I hope, as we discuss all BURNS, $6 million for pollution/waste sible, even if it is at the expense of in- of these issues, our country will under- systems, research and development; juring other efforts to reduce the pro- stand that to prevent proliferation of Senator MCCONNELL, $13 million for the liferation of nuclear weapons, or to these weapons, we should not just dis- MK–45, and $19 million for the Close In eliminate delivery systems of nuclear cuss national missile defense in a way Weapon System. weapons under current arms control re- that says it is more important than I have an amendment for $1.5 million gimes. any other area. If we are to build a for the Pallet-Loading System; Senator Some say the ABM Treaty is for a safer future for ourselves and our chil- BENNETT, $1 million for the alternative country that no longer exists, the old dren, it must be a priority for us to say missile engine; Senator HOLLINGS, $3 Soviet Union; don’t worry about it; ig- that the proliferation of nuclear weap- million for the Environmental Pollu- nore it. ons around the world is a very serious tion Preventive Initiative; Senator S6652 CONGRESSIONAL RECORD — SENATE June 8, 1999

REID, $4.5 million for hot gas decon- AMENDMENT NO. 553 Pallet-Loading System Engineer Mission tamination projects; Senator (Purpose: To authorize use of $6,000,000 of Air Module System. LIEBERMAN, $2 million for the Medical Force RDT&E funds (in PE 604604F) for the AMENDMENT NO. 559 Informatics; Senator REID, $2.8 million 3–D advanced track acquisition and imag- ing system) (Purpose: To designate funds for the for the K-Band Test Obscuration Pair- development of alternate missile engines) ing System; Senator KERREY, $2 mil- At the appropriate place in the bill, insert the following: At the appropriate place in the bill insert lion for recombinant vaccine research; the following new general provision: SEC. 8109. Of the funds appropriated in title Senator LAUTENBERG, an Army fire- SEC. . Of the funds provided under Title IV under the heading ‘‘RESEARCH, DEVELOP- IV of this Act under ‘‘RESEARCH, DEVELOP- fighting equipment amendment; Sen- MENT, TEST, AND EVALUATION, AIR FORCE’’, MENT, TEST AND EVALUATION, AIR FORCE’’, up ator BIDEN, $3 million for advanced up to $6,000,000 may be made available for to $1,000,000 may be made available only for composite materials processing; Sen- the 3–D advanced track acquisition and im- alternative missile engine source develop- ator DOMENICI, $5 million for Army aging system. ment. warfare analysis; Senator DOMENICI, $7.5 million for shield imaging; Sen- AMENDMENT NO. 554 AMENDMENT NO. 560 ators WYDEN and SMITH, $4 million for (Purpose: To authorize use of $3,000,000 of Re- (Purpose: To set aside $3,000,000 of Army re- laser fusion; an amendment of mine for search, Development, Test and Evaluation, search, development, test, and evaluation $20 million for supersonic noise reduc- Navy funds for electronic propulsion sys- funds for the National Defense Center for tems) tion; Senator LEAHY, JCETS reporting Environmental Excellence Pollution Pre- vention Initiative) requirement; Senator SHELBY, $5 mil- At the appropriate place in the bill, insert lion for the DAU pilot program; Sen- the following: At the appropriate place in the bill, insert SEC. 8109. Of the funds appropriated in title the following: ator INOUYE, an amendment for train- IV under the heading ‘‘RESEARCH, DEVELOP- SEC. 8109. Of the funds appropriate in title ing by the Center of Excellence for Dis- MENT, TEST, AND EVALUATION, NAVY’’, up to IV under the heading ‘‘RESEARCH, DEVELOP- aster Management. $3,000,000 may be made available for elec- MENT, TEST, AND EVALUATION, ARMY’’, up to As I indicated, these amendments are tronic propulsion systems. $3,000,000 may be made available for the Na- part of the managers’ group and I ask tional Defense Center for Environmental Ex- cellence Pollution Prevention Initiative. they be considered en bloc. AMENDMENT NO. 555 (Purpose: To authorize use of $5,000,000 of AMENDMENT NO. 561 The PRESIDING OFFICER. Without Drug Interdiction and Counter-Drug Ac- objection, the clerk will report the tivities, Defense funds for a ground proc- (Purpose: To provide funds for a hot gas amendments by number. essing station to support a tropical remote decontamination facility) sensing radar) At the appropriate place in the bill, insert The assistant legislative clerk read the following new section: At the appropriate place in the bill, insert as follows: SEC. . Of the funds made available in Title the following: IV of this Act under the heading ‘‘RESEARCH, The Senator from Alaska [Mr. STEVENS] SEC. . Of the funds appropriated in title DEVELOPMENT, TEST AND EVALUATION, DE- for himself and Mr. INOUYE, and on behalf of IV under the heading ‘‘COUNTER-DRUG AC- FENSE-WIDE’’, up to $4,500,000 may be made other Senators, proposes en bloc amend- TIVITIES, DEFENSE,’’ up to $5,000,000 may be available for a hot gas decontamination fa- ments numbered 552 through 573. made available for a ground processing sta- cility. tion to support a tropical remote sensing Mr. INOUYE. Mr. President, I have radar. studied the measures. I have no objec- AMENDMENT NO. 562 tion. (Purpose: To support a DoD Center for AMENDMENT NO. 556 Medical Informatics) Mr. STEVENS. These amendments (Purpose: To provide additional funding for At the appropriate place in the bill, insert have been cleared on both sides. I ask research and development to reduce pollu- the following: they be considered en bloc, passed and tion associated with industrial manufac- SEC. . Of the funds made available under adopted en bloc, and the motion to re- turing waste systems) the heading ‘‘DEFENSE HEALTH PROGRAM’’, up consider be laid upon the table. Insert at the appropriate place in the bill to $2,000,000 may be made available to sup- the following: port the establishment of a DoD Center for The PRESIDING OFFICER. Without ‘‘SEC. . Of the funds made available under Medical Informatics. objection, it is so ordered. the heading ‘‘RESEARCH, DEVELOPMENT, AMENDMENT NO. 563 The amendments (Nos. 552 through TEST, AND EVALUATION, ARMY’’, up to $6,000,000 may be provided to the U.S. Army (Purpose: To increase funds for the K-Band 573) agreed to en bloc are as follows: Construction Engineering Research Labora- Test Obscuration Pairing System) AMENDMENT NO. 552 tory to continue research and development On page 107, between lines 12 and 13, insert to reduce pollution associated with indus- the following: At the end of the general provisions, insert trial manufacturing waste systems.’’ SEC. . Of the funds appropriated in Title the following: III under the heading ‘‘PROCUREMENT, MA- SEC. . The Department of the Army is di- AMENDMENT NO. 557 RINE CORPS’’, up to $2,800,000 may be made rected to conduct a live fire, side-by-side (Purpose: To correct the allocation of Navy available for the K-Band Test Obscuration operational test of the air-to-air Starstreak operation and maintenance funds between Pairing System. and air-to-air Stinger missiles from the AH– two naval gun depot overhaul programs) 64D Longbow helicopter. The operational AMENDMENT NO. 564 At the appropriate place in the bill, insert test is to be completed utilizing funds pro- (Purpose: To support recombinant vaccine the following: vided for in this bill in addition to funding recombinant vaccine research) SEC. . Of the funds appropriated in title provided for this purpose in the Fiscal Year At the appropriate place in the bill, insert II under the heading ‘‘OPERATION AND MAIN- 1999 Defense Appropriations Act (P.L. 105– the following: TENANCE, NAVY,’’ up to $13,000,000 may be 262): Provided, That notwithstanding any SEC. . Of the funds made available under available for depot overhaul of the MK–45 other provision of law, the Department is to the heading ‘‘RESEARCH, DEVELOPMENT, TEST weapon system, and up to $19,000,000 may be ensure that the development, procurement AND EVALUATION, ARMY’’, up to $2,000,000 may available for depot overhaul of the Close In or integration of any missile for use on the be made available to continue and expand Weapon System. AH–64 or RAH–66 helicopters, as an air-to-air on-going work in recombinant vaccine re- missile, is subject to a full and open com- search against biological warfare agents. AMENDMENT NO. 558 petition which includes the conduct of a live- fire, side-by-side test as an element of the (Purpose: To provide additional funding for AMENDMENT NO. 565 source selection criteria: Provided further, prototyping and testing of a water dis- (Purpose: To require conveyance of certain That the Under Secretary of Defense (Acqui- tributor for the Pallet-Loading System En- Army firefighting equipment at Military sition & Technology) will conduct an inde- gineer Mission Module System) Ocean Terminal, New Jersey) pendent review of the need, and the merits of At the end of the general provisions, add At the end of the general provisions, add acquiring an air-to-air missile to provide the following: the following: self-protection for the AH–64 and RAH–66 SEC. . Of the funds appropriated in Title SEC. 8109. (a) The purpose of this section is from the threat of a hostile forces. The Sec- IV under the heading ‘‘RESEARCH, DEVELOP- to provide means for the City of Bayonne, retary is to provide his findings in a report MENT, TEST, AND EVALUATION, ARMY,’’ up to New Jersey, to furnish fire protection to the Defense Oversight Committees, no $1,500,000 may be available for prototyping through the City’s municipal fire depart- later than March 31, 2000. and testing of a water distributor for the ment for the tenants, including the Coast June 8, 1999 CONGRESSIONAL RECORD — SENATE S6653 Guard, and property at Military Ocean Ter- SEC. 8109. Of the funds appropriated in title military construction bill. This is the minal, New Jersey, thereby enhancing the IV under the heading ‘‘RESEARCH, DEVELOP- defense bill. Military construction City’s capability for furnishing safety serv- MENT, TEST, AND EVALUATION, ARMY’’, up to items will be in a separate bill. That ices that is a fundamental capability nec- $4,000,000 may be available solely for re- bill will be marked up by the Senate essary for encouraging the economic devel- search, development, test, and evaluation of opment of Military Ocean Terminal. elastin-based artificial tissues and dye tar- tomorrow. Members who have amend- (b) The Secretary of the Army may, not- geted laser fusion techniques for healing in- ments concerning military construc- withstanding title II of the Federal Property ternal injuries. tion at home or abroad should present and Administrative Services Act of 1949, con- those to the subcommittee for consid- vey without consideration to the Bayonne AMENDMENT NO. 570 eration at markup tomorrow. We have Local Redevelopment Authority, Bayonne, (Purpose: To provide funds for supersonic had some suggested amendments to New Jersey, and to the City of Bayonne, New aircraft noise mitigation research) Jersey, jointly, all right, title, and interest this bill; we do not want those to come of the United States in and to the fire- In the appropriate place in the bill, insert to this bill. This is not within the ju- fighting equipment described in subsection the following new section: risdiction of the Defense Sub- (c). SEC. . Of the funds made available in title committee. We will be forced to oppose (c) The equipment to be conveyed under IV of this Act for the Defense Advanced Re- any amendment that is offered that subsection (b) is firefighting equipment at search Projects Agency under the heading deals with military construction. Military Ocean Terminal, Bayonne, New Jer- ‘‘RESEARCH, DEVELOPMENT, TEST AND EVAL- I suggest the absence of a quorum. sey, as follows: UATION, DEFENSE-WIDE’’, up to $20,000,000 may be made available for supersonic air- The PRESIDING OFFICER. The (1) Pierce Dash 2000 Gpm Pumper, manu- clerk will call the roll. factured September 1995. craft noise mitigation research and develop- (2) Pierce Arrow 100-foot Tower Ladder, ment efforts. The legislative clerk proceeded to manufactured February 1994. call the roll. (3) Pierce HAZMAT truck, manufactured AMENDMENT NO. 571 Mr. STEVENS. Mr. President, I ask 1993. On line 22, page 97, insert the following: unanimous consent that the order for (4) Ford E–350, manufactured 1992. (d) REPORT.—Not more than 15 days after the quorum call be rescinded. (5) Ford E–302, manufactured 1990. the exercise of any waiver under subsection The PRESIDING OFFICER. Without (6) Bauer Compressor, Bauer–UN 12– (c), the Secretary of Defense shall submit a objection, it is so ordered. E#5000psi, manufactured November 1989. report to the congressional defense commit- AMENDMENT NO. 574 (d) The conveyance and delivery of the tees describing the extraordinary cir- (Purpose: To authorize a project at Brooks property shall be at no cost to the United cumstances, the purpose and duration of the Air Force Base, Texas, to evaluate meth- States. training program, the United States forces (e) The Secretary may require such addi- ods of improving efficiency in the oper- and the foreign security forces involved in ation of military installations) tional terms and conditions in connection the training program, and the information with the conveyance under this section as relating to human rights violations that ne- Mr. STEVENS. Mr. President, on be- the Secretary considers appropriate to pro- cessitate the waiver. half of Senator HUTCHISON, I send an tect the interests of the United States. amendment to the desk and ask that it AMENDMENT NO. 572 be qualified. AMENDMENT NO. 566 At the appropriate place in the bill, insert The PRESIDING OFFICER. The (Purpose: To provide $3,000,000 (in PE 62234N) the following: clerk will report. for the Navy for basic research on ad- SEC. . From within the funds provided for The legislative clerk read as follows: vanced composite materials processing the Defense Acquisition University, up to The Senator from Alaska [Mr. STEVENS], (specifically, resin transfer molding, vacu- $5,000,000 may be spent on a pilot program for Mrs. HUTCHISON, proposes an amendment um-assisted resin transfer molding, and co- using state-of-the-art training technology numbered 574. infusion resin transfer molding)) that would train the acquisition workforce (The text of the amendment is print- At the end of the general provisions, add in a simulated government procurement en- ed in today’s RECORD under ‘‘Amend- the following: vironment. SEC. 8109. Of the funds appropriated in title ments Submitted.’’) IV under the heading ‘‘RESEARCH, DEVELOP- AMENDMENT NO. 573 The PRESIDING OFFICER. The MENT, TEST, AND EVALUATION, NAVY’’, up to (Purpose: To stipulate training activities of amendment will be set aside. $3,000,000 may be made available for basic re- Center of Excellence for Disaster Manage- Mr. STEVENS. I suggest the absence search on advanced composite materials ment and Humanitarian Assistance) of a quorum. processing (specifically, resin transfer mold- The PRESIDING OFFICER. The At the appropriate place in the bill add the ing, vacuum-assisted resin transfer molding, clerk will call the roll. and co-infusion resin transfer molding). following: SEC. . During the current fiscal year, The legislative assistant proceeded AMENDMENT NO. 567 under regulations prescribed by the Sec- to call the roll. Mr. INHOFE. Mr. President, I ask (Purpose: To set aside $5,000,000 of Army retary of Defense, the Center of Excellence RDT&E funds (in PE 605604A) for Informa- for Disaster Management and Humanitarian unanimous consent that the order for tion Warfare Vulnerability Analysis) Assistance may also pay, or authorize pay- the quorum call be rescinded. At the appropriate place in the bill, insert: ment for, the expenses of providing or facili- The PRESIDING OFFICER. Without SEC. 8109. Of the funds appropriated in title tating education and training for appro- objection, it is so ordered. IV under the heading ‘‘RESEARCH, DEVELOP- priate military and civilian personnel of for- Mr. INHOFE. Mr. President, I ask MENT, TEST, AND EVALUATION, ARMY’’, up to eign countries in disaster management and unanimous consent that I be recog- $5,000,000 may be available for Information humanitarian assistance: Provided, That not nized as in morning business for 3 min- Warfare Vulnerability Analysis. later than April 1, 2001, the Secretary of De- fense shall submit to the congressional de- utes. The PRESIDING OFFICER. Without AMENDMENT NO. 568 fense committees a report regarding the objection, it is so ordered. (Purpose: To set aside $7,500,000 of Air Force training of foreign personnel conducted RDT&E funds (in PE 603605F) for the GEO under this authority during the preceding f High Resolution Space Object Imaging fiscal year for which expenses were paid PRESIDENTIAL APPOINTMENT OF under the section: Provided further, That the Program) JAMES HORMEL At the appropriate place in the bill, insert: report shall specify the countries in which SEC. 8109. Of the funds appropriated in title the training was conducted, the type of Mr. INHOFE. Mr. President, I was IV under the heading ‘‘RESEARCH, DEVELOP- training conducted, and the foreign per- very surprised and disappointed to find MENT, TEST, AND EVALUATION, AIR FORCE’’, sonnel trained. that during our recess when we were up to $7,500,000 may be made available for Mr. STEVENS. We have several other not here, the President made a very the GEO High Resolution Space Object Imag- amendments we are trying to get controversial appointment of James ing Program. agreed to. I plead with Members of the Hormel to be U.S. Ambassador to Lux- Senate to bring forth the amendments AMENDMENT NO. 569 embourg. I believe it is something that (Purpose: To set aside $4,000,000 for research, so we may study them and know the should not be done. In fact, when I development, test, and evaluation of amendments that we will debate later think of procedures, I look to a man I elastin-based artificial tissues and dye tar- today. It is my hope we will finish this admire so much, Senator BOB BYRD geted laser fusion techniques for healing bill this evening. from West Virginia. internal injuries) Let me state for the information of During a recess in 1985, President At the appropriate place in the bill, insert: Members of the Senate, this is not a Reagan made several appointments. S6654 CONGRESSIONAL RECORD — SENATE June 8, 1999

Senator BYRD said: The recess appoint- DEPARTMENT OF DEFENSE VELOPMENT, TEST, AND EVALUATION, ARMY’’, ment power should not be used simply APPROPRIATIONS ACT, 2000 $4,000,000 shall be made available for the Ad- vanced Integrated Helmet System Program. to avoid controversy or to circumvent The Senate continued with the con- the constitutional power and responsi- sideration of the bill. The PRESIDING OFFICER. The bility of the Senate. In several cases, The PRESIDING OFFICER. Under amendment is laid aside. Reagan’s recess appointments avoided the previous order, the hour of 2:15 hav- AMENDMENT NO. 576 serious and probing debate by the Sen- ing arrived, the Senator from Hawaii is Mr. STEVENS. I send an amendment ate on controversial issues. There is no recognized for 5 minutes; and under the to the desk for the distinguished ma- evidence that the needs of government previous order, at the hour of 2:20, the jority leader and ask it be numbered required any of these appointments to Senator from Alaska is to be recog- and qualified. be made as recess appointments. nized. The PRESIDING OFFICER. The Then Senator BYRD went on to give Mr. GREGG addressed the Chair. clerk will report. the history, as he always does in his Mr. INOUYE. I yield my time to my very eloquent style, as to how the Con- The assistant legislative clerk read friend from New Hampshire. as follows: stitution does provide for emergencies, The PRESIDING OFFICER. The Sen- The Senator from Alaska [Mr. STEVENS], for such things as appointments back ator from New Hampshire. in the 1800s when people were traveling for Mr. LOTT, proposes an amendment num- AMENDMENT NO. 548, AS MODIFIED and unable to get here or when some- bered 576. thing strategic is pending. In the case Mr. GREGG. I send a modification to The amendment is as follows: of James Hormel, certainly there is not the desk to amendment No. 548. The PRESIDING OFFICER. Without At the appropriate place, insert: anything strategic pending. objection, the amendment is modified. Office of Net Assessment in the Office of For that reason, I am serving official the Secretary of Defense, jointly with the notice today that I am going to do the The amendment, as modified, is as United States Pacific Command, shall sub- follows: same thing Senator BYRD did back in mit a report to Congress no later than 180 1985: I am putting holds on every single At the appropriate place in the bill, insert days after the enactment of this Act which Presidential nomination. the following new section: addresses the following issues: In the case of James Hormel, it is a SEC. . PROHIBITION ON USE OF REFUGEE RE- 1. A review and evaluation of the oper- LIEF FUNDS FOR LONG-TERM RE- little confusing to a lot of people as to ational planning and other preparations of GIONAL DEVELOPMENT OR RECON- the U.S. Defense Department, including but why he became controversial. Yes, he STRUCTION IN SOUTHEASTERN EU- not limited to the U.S. Pacific Command, to is gay. That is not the reason for peo- ROPE. implement the relevant sections of the Tai- ple opposing him. It is the fact that he None of the funds made available in the wan Relations Act since its enactment in is a gay activist who puts his agenda 1999 Emergency Supplemental Appropria- 1979. tions Act (Public Law 106–31) may be made 2. A review and evaluation of all gaps in ahead of the agenda of America. available to implement a long-term, regional relevant knowledge about the current and I can recall when he made the state- program of development or reconstruction in future military balance between Taiwan and ment when first nominated by the Southeastern Europe except pursuant to spe- mainland China, including but not limited to President: I wish the President had cific statutory authorization enacted on or Chinese open source writings. nominated me to be Ambassador to after the date of enactment of this Act. Norway, because if they have some- 3. A set of recommendations, based on Mr. GREGG. I yield the floor. these reviews and evaluations, concerning thing on the ballot—same-sex mar- Mr. INOUYE. Mr. President, I suggest further research and analysis that the Office riages or something like that—I might the absence of a quorum. of Net Assessment and the Pacific Command be able to influence it. The PRESIDING OFFICER. The believe to be necessary and desirable to be That, to me, demonstrated very clerk will call the roll. performed by the National Defense Univer- clearly that he wanted to use this posi- The assistant legislative clerk pro- sity and other defense research centers. tion to advance his own agenda and not ceeded to call the roll. The PRESIDING OFFICER. The the agenda of America. Mr. STEVENS. Mr. President, I ask amendment is laid aside. I hasten to say, I would have the unanimous consent that the order for AMENDMENT NO. 577 same feelings about any other appoint- the quorum call be rescinded. ment on any other issue. If David Duke Mr. STEVENS. I send an amendment The PRESIDING OFFICER. Without to the desk for the Senator from New were appointed and came to the conclu- objection, it is so ordered. sion he was going to use his militia in- Mexico, Mr. DOMENICI, and ask that it PRIVILEGE OF THE FLOOR terests as his motivation and his agen- be qualified. Mr. STEVENS. I ask unanimous con- da more than America’s agenda, I cer- The PRESIDING OFFICER. The sent that Commander Tom Bailey, a tainly would oppose that nomination clerk will report. fellow serving on the staff of Senator in the same way. Notice is hereby The assistant legislative clerk read COCHRAN, be allowed privileges of the served. as follows: I suggest the absence of a quorum. floor during the debate on this bill. The PRESIDING OFFICER. Without The Senator from Alaska [Mr. STEVENS], The PRESIDING OFFICER. The for Mr. DOMENICI, proposes an amendment clerk will call the roll. objection, it is so ordered. numbered 577. AMENDMENT NO. 575 The legislative assistant proceeded The amendment is as follows: to call the roll. (Purpose: To authorize $4,000,000 of Army re- Mr. STEVENS. Mr. President, I ask search, development, test, and evaluation On page 106, line 4, strike ‘‘The Commu- nications Act’’ and insert ‘‘(a) The Commu- unanimous consent that the order for funds (in PE 60481A) to be used for the Ad- vanced Integrated Helmet System Pro- nications Act of 1934’’. the quorum call be rescinded. On page 107, between lines 4 and 5, insert The PRESIDING OFFICER. Without gram) Mr. STEVENS. I send an amendment the following: objection, it is so ordered. (b)(1) Not later than 15 days after the date Mr. STEVENS. I ask for the regular to the desk for Senator GORTON and of the enactment of this Act, the Director of order. ask it be numbered and qualified. the Office of Management and Budget and f The PRESIDING OFFICER. The the Federal Communications Commission clerk will report. shall each submit to the appropriate con- RECESS The assistant legislative clerk read gressional committees a report which shall— The PRESIDING OFFICER. Under as follows: (A) set forth the anticipated schedule (in- cluding specific dates) for— the previous order, the hour of 12:30 The Senator from Alaska [Mr. STEVENS], (i) preparing and conducting the competi- having arrived, the Senate stands in re- for Mr. GORTON, proposes an amendment cess until the hour of 2:15 p.m. numbered 575. tive bidding process required by subsection Thereupon, at 12:29 p.m., the Senate (a); and The amendment is as follows: (ii) depositing the receipts of the competi- recessed until 2:15 p.m.; whereupon, the On page 107, between lines 12 and 13, insert tive bidding process; Senate reassembled when called to the following: (B) set forth each significant milestone in order by the Presiding Officer (Mr. SES- SEC. 8109. Of the funds appropriated in the the rulemaking process with respect to the SIONS). title IV under the heading ‘‘RESEARCH, DE- competitive bidding process; June 8, 1999 CONGRESSIONAL RECORD — SENATE S6655 (C) include an explanation of the effect of culture Export Relief Act of 1998 (Public Law The assistant legislative clerk read each requirement in subsection (a) on the 105–194; 112 Stat. 627) is amended by striking as follows: schedule for the competitive bidding process ‘‘September 30, 1999’’ each place it appears The Senator from Hawaii [Mr. INOUYE], for and any post-bidding activities (including and inserting ‘‘September 30, 2002’’. Mr. BINGAMAN, proposes an amendment num- the deposit of receipts) when compared with (b) EXTENSION OF INDIA-PAKISTAN RELIEF bered 580. the schedule for the competitive bidding and ACT OF 1998.— The amendment is as follows: any post-bidding activities (including the de- (1) IN GENERAL.—Section 902(a) of the At the end of the general provisions, add posit of receipts) that would otherwise have India-Pakistan Relief Act of 1998 (22 U.S.C. the following: occurred under section 337(b)(2) of the Com- 2799aa–1 note) is amended by striking ‘‘for a SEC. 8109. (a) Congress makes the following munications Act of 1934 (47 U.S.C. 337(b)(2)) if period not to exceed one year upon enact- findings: not for the enactment of subsection (a); ment of this Act’’ and inserting ‘‘for a period (1) Congress recognizes and supports, as (D) set forth for each spectrum auction not to exceed September 30, 2002’’. being fundamental to the national defense, held by the Federal Communications Com- (2) REPORT.—Section 904 of such Act is the ability of the Armed Forces to test weap- mission since 1993 information on— amended by striking ‘‘a one-year period de- ons and weapon systems thoroughly, and to (i) the time required for each stage of prep- scribed in section 902’’ and inserting ‘‘the train members of the Armed Forces in the aration for the auction; first year following the date of enactment of use of weapons and weapon systems before (ii) the date of the commencement and of this Act and annually thereafter’’. the forces enter hostile military engage- the completion of the auction; (c) EFFECTIVE DATE.—The amendments ments. (iii) the time which elapsed between the made by this section shall take effect on the (2) It is the policy of the United States date of the completion of the auction and the earlier of the date of enactment of this Act that the Armed Forces at all times exercise date of the first deposit of receipts from the or September 30, 1999. the utmost degree of caution in the testing auction in the Treasury; and The PRESIDING OFFICER. The of weapons and weapon systems in order to (iv) the dates of all subsequent deposits of amendment is laid aside. avoid endangering civilian populations and receipts from the auction in the Treasury; Mr. STEVENS. Does the Senator the environment. and (3) In the adherence to these policies, it is (E) include an assessment of how the from Hawaii have any amendments? Mr. INOUYE addressed the Chair. essential to the public safety that the Armed stages of the competitive bidding process re- Forces not test weapons or weapon systems, quired by subsection (a), including prepara- The PRESIDING OFFICER. The Sen- or engage in training exercises with live am- tion, commencement and completion, and ator from Hawaii. munition, in close proximity to civilian pop- deposit of receipts, will differ from similar AMENDMENT NO. 579 ulations unless there is no reasonable alter- stages in the auctions referred to in subpara- (Purpose: Relating to the conveyance of the native available. graph (D). remaining Army Reserve property at (b) It is the sense of Congress that— (2) Not later than October 5, 2000, the Di- former Fort Sheridan, Illinois) (1) there should be a thorough and inde- rector of the Office of Management and Mr. INOUYE. I offer an amendment pendent investigation of the circumstances Budget and the Federal Communications that led to the accidental death of a civilian Commission shall each submit to the appro- on behalf of Senator DURBIN on Fort employee of the Navy installation in priate congressional committees the report Sheridan and ask that it be set aside. Vieques, Puerto Rico, and the wounding of which shall— The PRESIDING OFFICER. The four other civilians during a live-ammuni- (A) describe the course of the competitive clerk will report. tion weapons test at Vieques, including a re- bidding process required by subsection (a) The assistant legislative clerk read examination of the adequacy of the measures through September 30, 2000, including the as follows: that are in place to protect the civilian pop- amount of any receipts from the competitive ulation during such testing and of the extent The Senator from Hawaii [Mr. INOUYE], for bidding process deposited in the Treasury as to which the civilian population at the site Mr. DURBIN, proposes an amendment num- of September 30, 2000; and can be adequately protected during such bered 579. (B) if the course of the competitive bidding testing; process has included any deviations from the The amendment is as follows: (2) the President should not authorize the schedule set forth under paragraph (1)(A), an At the appropriate place, insert the fol- Navy to resume live ammunition testing on explanation for such deviations from the lowing: the Island of Vieques, Puerto Rico, unless schedule. SEC. . (a)(1) Notwithstanding any other and until he has advised the Committees on (3) The Federal Communications Commis- provision of law, no funds appropriated or Armed Services of the Senate and the House sion may not consult with the Director in otherwise made available by this Act may be of Representatives that— the preparation and submittal of the reports used to carry out any conveyance of land at (A) there is not available an alternative required of the Commission by this sub- the former Fort Sheridan, Illinois, unless testing site with no civilian population lo- section. such conveyance is consistent with a re- cated in close proximity; (4) In this subsection, the term ‘‘appro- gional agreement among the communities (B) the national security of the United priate congressional committees’’ means the and jurisdictions in the vicinity of Fort States requires that the testing be carried following: Sheridan and in accordance with section 2862 out despite the potential risks to the civilian (A) The Committees on Appropriations, the of the Military Construction Authorization population; Budget, and Commerce of the Senate. Act for Fiscal Year 1996 (division B of Public (C) measures to provide the utmost level of (B) The Committees on Appropriations, the Law 104–106; 110 Stat. 573). safety to the civilian population are to be in Budget, and Commerce of the House of Rep- (2) The land referred to in paragraph(1) is a place and maintained throughout the test- resentatives. parcel of real property, including any im- ing; and The PRESIDING OFFICER. The provement thereon, located at the former (D) in the event that testing resumes, amendment is laid aside. Fort Sheridan, Illinois, consisting of ap- measures are to be taken to protect the Is- AMENDMENT NO. 578 proximately 14 acres, and known as the land of Vieques and the surrounding area from environmental degradation, including (Purpose: To extend for a period of 3 years northern Army Reserve enclave area, that is possible environmental harm, that might re- the Agriculture Export Relief Act of 1998 covered by the authority in section 2862 of sult from the testing of ammunition con- and the India-Pakistan Relief Act of 1998) the Military Construction Authorization Act for Fiscal Year 1996 and has not been con- taining radioactive materials; and Mr. STEVENS. I send an amendment veyed pursuant to that authority as of the (3) in addition to advising committees of to the desk for Senator ROBERTS. date of enactment of this Act. Congress of the findings as described in para- The PRESIDING OFFICER. The The PRESIDING OFFICER. The graph (2), the President should advise the clerk will report. Governor of Puerto Rico of those findings amendment is laid aside. The assistant legislative clerk read and, if the President decides to resume live- as follows: AMENDMENT NO. 580 ammunition weapons testing on the Island of (Purpose: To express the sense of Congress Vieques, consult with the Governor on a reg- The Senator from Alaska [Mr. STEVENS], regarding the accidental civilian casualties ular basis regarding the measures being for Mr. ROBERTS, proposes an amendment taken from time to time to protect civilians numbered 578. of live ammunition testing at Vieques, Puerto Rico, and actions to prevent a re- from harm from the testing. The amendment is as follows: currence of such a tragic accident) The PRESIDING OFFICER. The At the end of the general provisions, add Mr. INOUYE. I offer an amendment amendment is laid aside. the following: on behalf of Senator BINGAMAN on AMENDMENT NO. 581 SEC. 8109. EXTENSION OF AGRICULTURE EXPORT Vieques, Puerto Rico, and ask that it RELIEF ACT OF 1998 AND INDIA- Mr. INOUYE. I offer an amendment PAKISTAN RELIEF ACT OF 1998. be numbered and set aside. for Senator INOUYE on native Hawai- (a) EXTENSION OF AGRICULTURE EXPORT RE- The PRESIDING OFFICER. The ians, and I ask to have that numbered LIEF ACT OF 1998.—Section 2 of the Agri- clerk will report. and set aside. S6656 CONGRESSIONAL RECORD — SENATE June 8, 1999 The PRESIDING OFFICER. The The PRESIDING OFFICER. The (23) From Research, Development, Test, amendment will be numbered and laid amendment is numbered and set aside. and Evaluation, Army, $249,100,000. aside. Mr. INOUYE. Mr. President, I suggest (24) From Research, Development, Test, and Evaluation, Navy, $288,700,000. AMENDMENT NO. 582 the absence of a quorum. (25) From Research, Development, Test, (Purpose: To authorize the use of up to The PRESIDING OFFICER. The and Evaluation, Air Force, $263,300,000. $35,000,000 for the retrofitting and improve- clerk will call the roll. (26) From Research, Development, Test, ment of the current inventory of Patriot The assistant legislative clerk pro- and Evaluation, Defense-Wide, $287,900,000. missiles to meet current and projected ceeded to call the roll. (27) From Defense Health Program, threats from cruise missiles) Mr. MCCAIN. Mr. President, I ask $226,200,000. Mr. INOUYE. Mr. President, I offer unanimous consent that the order for (28) From Drug Interdiction and Counter- an amendment for Senator KENNEDY on the quorum call be rescinded. Drug Activities, Defense, $61,600,000. Patriot missiles, and I ask that it be The PRESIDING OFFICER. Without The PRESIDING OFFICER. The numbered and set aside. objection, it is so ordered. amendment is numbered and laid aside. The PRESIDING OFFICER. The AMENDMENT NO. 584 AMENDMENT NO. 585 clerk will report. (Purpose: To reduce amounts appropriated (Purpose: To authorize the Secretary of De- The assistant legislative clerk read fense to waive certain domestic source or as follows: for unrequested, low-priority, unnecessary, and wasteful spending by $3,100,000,000) content requirements in the procurement The Senator from Hawaii [Mr. INOUYE], for Mr. MCCAIN. Mr. President, I have 2 of items) Mr. KENNEDY, proposes an amendment num- amendments to send to the desk. My Mr. MCCAIN. Mr. President, I send a bered 582. second amendment to the desk, and I The amendment is as follows: understanding is, under the unanimous consent agreement, both of these ask that it be numbered and set aside. At the appropriate place in the bill, insert amendments have to be proposed by The PRESIDING OFFICER. The the following: clerk will report. Of the funds appropriated in title III, Pro- the time of 2:30, so I send them at this The assistant legislative clerk read curement, under the heading ‘‘MISSILE PRO- time. CUREMENT, ARMY’’, up to $35,000,000 may be The PRESIDING OFFICER. The as follows: made available to retrofit and improve the clerk will report. The Senator from Arizona [Mr. MCCAIN] current inventory of Patriot missiles in The assistant legislative clerk read proposes an amendment numbered 585. order to meet current and projected threats as follows: The amendment is as follows: from cruise missiles. The Senator from Arizona [Mr. MCCAIN] At the end of the general provisions, add The PRESIDING OFFICER. The proposes an amendment numbered 584. the following: amendment is numbered and laid aside. SEC. 8109. (a) Subject to subsection (c) and The amendment is as follows: AMENDMENT NO. 583 except as provided in subsection (d), the Sec- Strike section 8108, and insert the fol- (Purpose: To reduce funding for the National retary of Defense may waive any domestic lowing: Missile Defense program by $200,000,000 and source requirement or domestic content re- SEC. 8108. Notwithstanding any other pro- to increase funding for Army moderniza- quirement referred to in subsection (b) and vision of this Act, the total amount appro- tion programs by $200,000,000) thereby authorize procurements of items priated in this Act by titles III, IV, and VI is that are grown, reprocessed, reused, pro- Mr. INOUYE. Mr. President, I offer hereby reduced by $3,100,000,000, the reduc- duced, or manufactured— an amendment for Senator LEVIN on tions to be derived from appropriations as (1) inside a foreign country the government the National Missile Defense program, follows: of which is a party to a reciprocal defense and I ask that it be numbered and set (1) From Operation and Maintenance, memorandum of understanding that is en- aside. Army, $27,000,000. tered into with the Secretary of Defense and The PRESIDING OFFICER. The (2) From Operation and Maintenance, is in effect; clerk will report. Navy, $36,000,000. (2) inside the United States or its posses- The assistant legislative clerk read (3) From Operation and Maintenance, Ma- sions; or as follows: rine Corps, $10,200,000. (3) inside the United States or its posses- (4) From Operation and Maintenance, Air sions partly or wholly from components The Senator from Hawaii [Mr. INOUYE], for Force, $61,800,000. grown, reprocessed, reused, produced, or Mr. LEVIN, proposes an amendment num- (5) From Operation and Maintenance, De- manufactured outside the United States or bered 583. fense-Wide, $78,900,000. its possessions. The amendment is as follows: (6) From Operation and Maintenance, (b) For purposes of this section: At the end of the bill, add the following Army National Guard, $53,500,000. (1) A domestic source requirement is any new section: (7) From Operation and Maintenance, Air requirement under law that the Department SEC. . Notwithstanding any other provi- National Guard, $2,900,000. of Defense must satisfy its needs for an item sion in this Act, the total amount appro- (8) From Aircraft Procurement, Army, by procuring an item that is grown, reproc- priated in Title IV of this act under Re- $178,000,000. essed, reused, produced, or manufactured in search, Development, Test, and Evaluation, (9) From Procurement of Weapons and the United States, its possessions, or a part Defense-Wide, is hereby reduced by Tracked Combat Vehicles, Army, $26,400,000. of the national technology and industrial $200,000,000: Provided, That not more than (10) From Procurement of Ammunition, base. $836,555,000 of the funds provided under this Army, $37,500,000. (2) A domestic content requirement is any Act may be obligated for National Missile (11) From Other Procurement, Army, requirement under law that the Department Defense programs: Provided further, That not- $135,500,000. must satisfy its needs for an item by pro- withstanding any other provision in this (12) From Aircraft Procurement, Navy, curing an item produced or manufactured Act, the total amount appropriated in this $69,000,000. partly or wholly from components grown, re- Act for Aircraft Procurement, Army is here- (13) From Weapons Procurement, Navy, processed, reused, produced, or manufactured by increased by $56,100,000 for re-engining of $54,400,000. in the United States or its possessions. the CH–47 helicopter; Provided further, That (14) From Shipbuilding and Conversion, (c) The authority to waive a requirement notwithstanding any other provision in this Navy, $317,500,000. under subsection (a) applies to procurements Act, the total amount appropriated in this (15) From Other Procurement, Navy, of items if the Secretary of Defense first de- Act for Missile Procurement, Army is hereby $67,800,000. termines that— increased by $98,400,000 for advance procure- (16) From Procurement, Marine Corps, (1) the application of the requirement to ment of the Javelin missile; Provided further, $54,900,000. procurements of those items would impede That notwithstanding any other provision in (17) From Aircraft Procurement, Air Force, the reciprocal procurement of defense items this Act, the total amount appropriated in $164,500,000. under a memorandum of understanding pro- this Act for Procurement of Weapons and (18) From Missile Procurement, Air Force, viding for reciprocal procurement of defense Tracked Combat Vehicles, Army is hereby $25,400,000. items that is entered into between the De- increased by $20,000,000 for procurement of (19) From Procurement of Ammunition, partment of Defense and a foreign country in the Field Artillery Ammunition Supply Ve- Air Force, $5,100,000. accordance with section 2531 of title 10, hicle; Provided further, That notwithstanding (20) From Other Procurement, Air Force, United States Code; any other provision in this Act, the total $53,400,000. (2) the foreign country does not discrimi- amount appropriated in this Act for Other (21) From Procurement, Defense-Wide, nate against items produced in the United Procurement, Army is hereby increased by $73,000,000. States to a greater degree than the United $25,500,000 for procurement of SINCGARS ra- (22) From National Guard and Reserve States discriminates against items produced dios. Equipment, $190,500,000. in that country; and June 8, 1999 CONGRESSIONAL RECORD — SENATE S6657 (3) one or more of the conditions set forth Mr. STEVENS. May I inquire now The PRESIDING OFFICER. Without in section 2534(d) of title 10, United States from the clerk what number will that objection, it is so ordered. Code, exists with respect to the procure- be? AMENDMENT NO. 589 ment. The PRESIDING OFFICER. No. 587. (d) LAWS NOT WAIVED.—The Secretary of (Purpose: To provide $3,800,000 (in PE Defense may not exercise the authority Mr. STEVENS. I thank the Chair, 0602315N) for polymer cased ammunition under subsection (a) to waive any of the fol- and I suggest the absence of a quorum. and to provide an offset) lowing laws: The PRESIDING OFFICER. The Mr. STEVENS. Mr. President, I send (1) The Small Business Act. clerk will call the roll. an amendment to the desk for Senators (2) The Javits-Wagner-O’Day Act (41 U.S.C. The assistant legislative clerk pro- LOTT and COCHRAN, and I ask that it be 46–48c). ceeded to call the roll. qualified and set aside. (3) Sections 7309 and 7310 of title 10, United Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. The States Code, with respect to ships in Federal unanimous consent that the order for Supply Class 1905. clerk will report. (4) Section 9005 of Public Law 102–396 (10 the quorum call be rescinded. The assistant legislative clerk read U.S.C. 2241 note), with respect to articles or The PRESIDING OFFICER. Without as follows: items of textiles, apparel, shoe findings, objection, it is so ordered. The Senator from Alaska [Mr. STEVENS], tents, and flags listed in Federal Supply AMENDMENT NO. 588 for Mr. LOTT and Mr. COCHRAN, proposes an Classes 8305, 8310, 8315, 8320, 8335, 8340, and (Purpose: To authorize the use of $220,000 for amendment numbered 589. 8345 and articles or items of clothing, a study at Badger Army Ammunition The amendment is as follows: footware, individual equipment, and insignia Plant, Wisconsin, relating to environ- At the appropriate place in the bill insert listed in Federal Supply Classes 8405, 8410, mental restoration and remediation at the following: 8415, 8420, 8425, 8430, 8435, 8440, 8445, 8450, 8455, weapons and ammunition production fa- SEC. . Of the total amount appropriated 8465, 8470, and 8475. cilities) (e) RELATIONSHIP TO OTHER WAIVER AU- in this Act for RESEARCH DEVELOPMENT Mr. STEVENS. On behalf of the Sen- THORITY.—The authority under subsection TEST AND EVALUATION, NAVY shall be (a) to waive a domestic source requirement ator from Hawaii, I send to the desk an increased by $3,800,000 to continue research or domestic content requirement is in addi- amendment for Senator KOHL, and I and development on polymer cased ammuni- tion to any other authority to waive such re- ask that it be numbered and qualified. tion. quirement. The PRESIDING OFFICER. The The PRESIDING OFFICER. The The PRESIDING OFFICER. The clerk will report. amendment is numbered and laid aside. amendment is numbered and set aside. The assistant legislative clerk read Mr. STEVENS. Mr. President, I sug- Mr. MCCAIN. Mr. President, I ask the as follows: gest the absence of a quorum. distinguished chairman when he would The Senator from Alaska [Mr. STEVENS], The PRESIDING OFFICER. The like me to address the issue of one for Mr. INOUYE, for Mr. KOHL, proposes an clerk will call the roll. amendment concerning reallocation of amendment numbered 588. The legislative assistant proceeded $3.1 billion. The amendment is as follows: to call the roll. Mr. STEVENS. Could we wait until On page 107, between lines 12 and 13, insert Mr. STEVENS. Mr. President, I ask after 2:30? We are trying to get these in the following: unanimous consent that the order for by the deadline, and then I will be SEC. 8109. (a) Of the amounts appropriated the quorum call be rescinded. happy to listen to the Senator’s com- by title II under the heading ‘‘OPERATION The PRESIDING OFFICER. Without ments. AND MAINTENANCE, DEFENSE-WIDE’’, up to objection, it is so ordered. $220,000 may be made available to carry out Mr. MCCAIN. I thank the chairman, AMENDMENT NO. 590 and I yield the floor. the study described in subsection (b). (b)(1) The Secretary of the Army, acting (Purpose: To set aside an additional $7,300,000 AMENDMENT NO. 586 through the Chief of Engineers, shall carry for space launch facilities, for a second (Purpose: To provide funds for continued re- out a study for purposes of evaluating the team of personnel for range reconfigura- search and development in Space Control cost-effectiveness of various technologies tion to accommodate launch schedules) Technology) utilized, or having the potential to be uti- Mr. STEVENS. Mr. President, on be- Mr. STEVENS. I send an amendment lized, in the demolition and cleanup of facili- half of Senator GRAHAM, I send an to the desk for Senator SHELBY, and I ties contaminated with chemical residue at amendment to the desk and ask that it facilities used in the production of weapons ask that it be numbered and qualified. be numbered and qualified. The PRESIDING OFFICER. The and ammunition. (2) The Secretary shall carry out the study The PRESIDING OFFICER. The clerk will report. clerk will report. The assistant legislative clerk read at the Badger Army Ammunition Plant, Wis- consin. The assistant legislative clerk read as follows: (3) The Secretary shall provide for the car- as follows: The Senator from Alaska [Mr. STEVENS], rying out of work under the study through The Senator from Alaska [Mr. STEVENS], for Mr. SHELBY, proposes an amendment the Omaha District Corps of Engineers and for Mr. GRAHAM, proposes an amendment numbered 586. in cooperation with the Department of En- numbered 590. The amendment is as follows: ergy Federal Technology Center, Morgan- The amendment is as follows: In Title IV, under Research, Development, town, West Virginia. Test, and Evaluation, Army, add the fol- (4) The Secretary may make available to At the end of the general provisions, add lowing: other departments and agencies of the Fed- the following: ‘‘Of the funds appropriated for research, eral Government information developed as a SEC. 8109. (a) Of the funds appropriated in development, test and evaluation Army, up result of the study. title II under the heading ‘‘OPERATION AND to $10 million dollars may be utilized for The PRESIDING OFFICER. The MAINTENANCE, AIR FORCE’’ (other than the Army Space Control Technology.’’ amendment is numbered and laid aside. funds appropriated for space launch facili- The PRESIDING OFFICER. The ties), $7,300,000 shall be available, in addition Mr. STEVENS. Again, Mr. President, to other funds appropriated under that head- amendment is numbered and laid aside. for the benefit of all Senators, after ing for space launch facilities, for a second AMENDMENT NO. 587 2:30, no further amendments in the team of personnel for space launch facilities Mr. STEVENS. Mr. President, I have first degree will be in order; is that cor- for range reconfiguration to accommodate a parliamentary inquiry. As I under- rect? launch schedules. stand it, amendments should be num- The PRESIDING OFFICER. The Sen- (b) The funds set aside under subsection (a) bered and qualified now, and we still ator is correct. may not be obligated for any purpose other have a portion of the managers’ pack- Mr. STEVENS. Mr. President, I sug- than the purpose specified in subsection (a). age to complete. Would it be in order gest the absence of a quorum. The PRESIDING OFFICER. The for me to reserve a place now for the The PRESIDING OFFICER. The amendment is numbered and laid aside. final portion of the managers’ amend- clerk will call the roll. AMENDMENT NO. 591 ment and just have an amendment The legislative assistant proceeded (Purpose: To provide for a study of the long numbered for that purpose at this to call the roll. term solutions to the removal of ordnance time. Mr. STEVENS. Mr. President, I ask from the Toussaint River, Ohio) The PRESIDING OFFICER. Without unanimous consent that the order for Mr. STEVENS. Mr. President, I send objection, it is so ordered. the quorum call be rescinded. an amendment to the desk for Senator S6658 CONGRESSIONAL RECORD — SENATE June 8, 1999

VOINOVICH, and I ask that it be num- SEC. 8109. Of the funds appropriated in title supporting the strike missions against Yugo- bered and qualified. IV under the heading ‘‘RESEARCH, DEVELOP- slavia, some of the longest combat missions The PRESIDING OFFICER. The MENT, TEST, AND EVALUATION, ARMY’’, up to in the history of the Air Force. clerk will report. $5,000,000 may be available for visual display (5) The bravery and professionalism of the The assistant legislative clerk read performance and visual display environ- personnel of Whiteman Air Force Base have as follows: mental research and development. advanced American interests in the face of significant challenge and hardship. TEVENS The Senator from Alaska [Mr. S ], AMENDMENT NO. 594 (6) The dedication of those who serve in the for Mr. VOINOVICH, proposes an amendment Armed Forces, exemplified clearly by the numbered 591. (Purpose: To increase by $10,000,000 the amount provided for the Army for other personnel of Whiteman Air Force Base, is the The amendment is as follows: procurement for an immediate assessment greatest national security asset of the At the appropriate place in the bill, insert of biometrics sensors and templates reposi- United States. the following new section: tory requirements, and for combining and (b) It is the sense of Congress that— SEC. . Of the funds appropriated in this consolidating biometrics security tech- (1) the skill and professionalism with Act under the heading ‘‘Operation and Main- nology and other information assurance which the B–2 bomber has been used in Oper- tenance, Army’’, up to $500,000 may be avail- technologies to accomplish a more focused ation Allied Force is a credit to the per- able for a study of the costs and feasibility of and effective information assurance effort) sonnel of Whiteman Air Force Base, Mis- a project to remove ordnance from the Tous- souri, and the Air Force; saint River. On page 107, between lines 12 and 13, insert (2) the B–2 bomber has demonstrated an the following: The PRESIDING OFFICER. The unparalleled capability to travel long dis- SEC. 8109. Of the funds appropriated in title tances and deliver devastating weapons pay- amendment is numbered and laid aside. III under the heading ‘‘OTHER PROCUREMENT, Mr. STEVENS. Mr. President, I sug- loads, proving its essential role for United ARMY’’, $51,250,000 shall be available for the States power projection in the future; and gest the absence of a quorum. Information System Security Program, of (3) the crews of the B–2 bomber and the The PRESIDING OFFICER. The which up to $10,000,000 may be made avail- personnel of Whiteman Air Force Base de- clerk will call the roll. able for an immediate assessment of bio- serve the gratitude of the American people The legislative assistant proceeded metrics sensors and templates repository re- for their dedicated performance in an indis- to call the roll. quirements and for combining and consoli- pensable role in the air campaign against Mr. STEVENS. Mr. President, I ask dating biometrics security technology and Yugoslavia and in the defense of the United unanimous consent that the order for other information assurance technologies to States. accomplish a more focused and effective in- the quorum call be rescinded. formation assurance effort. The PRESIDING OFFICER. Without AMENDMENT NO. 597 objection, it is so ordered. In the appropriate page in the bill, insert AMENDMENT NO. 595 the following: AMENDMENTS NOS. 592 THROUGH 601, EN BLOC (Purpose: To set aside $10,000,000 of Oper- SEC. . Of the funds appropriated in title Mr. STEVENS. Mr. President, I have ation and Maintenance, Defense-Wide III under the heading ‘‘Aircraft Procure- a series of amendments that I ask be funds for carrying out first-year actions of ment, Air Force,’’ up to $10,000,000 may be adopted at this time: A Bond-Santorum the 5-year research plan for addressing made available for U–2 aircraft defensive sys- amendment, $4 million for MTAPP; low-level exposures to chemical warfare tem modernization. Senator HELMS amendment, $5 million agents) for visual display environmental re- On page 107, between lines 12 and 13, insert AMENDMENT NO. 598 search; Senator BYRD, $10 million for the following: (Purpose: To set aside $25,185,000, the amount addressing exposure to chemical war- SEC. 8109. Of the funds appropriated in title provided for research and development re- II under the heading ‘‘OPERATION AND MAIN- lating to Persian Gulf illnesses, of which fare agents; Senator BYRD, $10 million TENANCE, DEFENSE-WIDE’’ for the Office of $4,000,000 is to be available for continu- for biometrics; Senators ASHCROFT and the Special Assistant to the Deputy Sec- ation of research into Gulf War syndrome BOND related to the B–2 bomber; Sen- retary of Defense for Gulf War Illnesses, up that includes multidisciplinary studies of ator SMITH, $10 million for U–2 up- to $10,000,000 may be made available for car- fibromyalgia, chronic fatigue syndrome grades; Senator HARKIN, $6 million for rying out the first-year actions under the 5- and $2,000,000 is to be available for expan- Gulf War syndrome; Senator GRAMM, year research plan outlined in the report en- sion of the research program in the Upper $17.5 million for the F–15 data link; and titled ‘‘Department of Defense Strategy to Great Plains region) Senator COLLINS, $3 million for MK–43 Address Low-Level Exposures to Chemical At the appropriate place in the bill, insert Warfare Agents (CWAs)’’, dated May 1999, the following: gun conversion; Senator INOUYE for that was submitted to committees of Con- SEC. 8104. Of the amount appropriated in Ford Island. I ask that these amend- gress pursuant to section 247(d) of the Strom title IV under the heading ‘‘RESEARCH, DE- ments be considered en bloc and adopt- Thurmond National Defense Authorization VELOPMENT, TEST, AND EVALUATION, DE- ed en bloc. Act for Fiscal Year 1999 (Public Law 105–261; FENSE-WIDE’’, $25,185,000 shall be available The PRESIDING OFFICER. Without 112 Stat. 1957). for research and development relating to objection, the amendments will be con- Persian Gulf illnesses, of which $4,000,000 sidered en bloc. shall be available for continuation of re- The clerk will report. AMENDMENT NO. 596 search into Gulf War syndrome that includes The assistant legislative clerk read (Purpose: To express the sense of Congress multidisciplinary studies of fibromyalgia, as follows: commending the men and women of White- chronic fatigue syndrome, multiple chemical man Air Force Base, Missouri, for their on- sensitivity, and the use of research methods The Senator from Alaska [Mr. STEVENS] going contributions to Operation Allied of cognitive and computational neuro- proposes amendments numbered 592 through Force over Yugoslavia) science, and of which up to $2,000,000 may be 601, en bloc. made available for expansion of the research The amendments are as follows: At the end of the general provisions, add the following: program in the Upper Great Plains region. AMENDMENT NO. 592 SEC. 8109. (a) Congress makes the following AMENDMENT NO. 599 (Purpose: To set aside $4,000,000 for the Man- findings: ufacturing Technology Assistance Pilot (1) The B–2 bomber has been used in com- (Purpose: To set aside $17,500,000 for procure- Program) bat for the first time in Operation Allied ment of the F–15A/B data link for the Air On page 107, between lines 12 and 13, insert Force against Yugoslavia. National Guard) the following: (2) The B–2 bomber has demonstrated un- At the appropriate place in the bill insert SEC. 8109. Of the funds appropriated in title paralleled strike capability in Operation Al- the following: II under the heading ‘‘OPERATION AND MAIN- lied Force, with cursory data indicating that SEC. 8109. Of the total amount appropriated TENANCE, AIR FORCE’’, up to $4,000,000 may be the bomber could have dropped nearly 20 per- in title III under the heading ‘‘AIRCRAFT made available for the Manufacturing Tech- cent of the precision ordnance while flying PROCUREMENT, AIR FORCE’’, up to $17,500,000 nology Assistance Pilot Program. less than 3 percent of the attack sorties. may be made available for procurement of (3) According to the congressionally man- the F–15A/B data link for the Air National AMENDMENT NO. 593 dated Long Range Air Power Panel, ‘‘long Guard. (Purpose: To set aside $5,000,000 of Army range air power is an increasingly important RDT&E funds for visual display perform- element of United States military capa- AMENDMENT NO. 600 ance and visual display environmental re- bility’’. (Purpose: To increase funds for the MK–43 search and development) (4) The crews of the B–2 bomber and the Machine Gun Conversion Program) At the appropriate place in the bill, insert personnel of Whiteman Air Force Base, Mis- At the appropriate place in the bill, insert the following: souri, deserve particular credit for flying and the following: June 8, 1999 CONGRESSIONAL RECORD — SENATE S6659

SEC. . Of the funds appropriated in Title of first refusal to acquire the facility covered paragraph shall be available in accordance III under the heading ‘‘WEAPONS PROCURE- by the lease. with the provisions of section 2883 of title 10, MENT, NAVY,’’ up to $3,000,000 may be made (e) REQUIREMENT FOR COMPETITION.—The United States Code, for activities authorized available for the MK–43 Machine Gun Con- Secretary of the Navy shall use competitive under subchapter IV of chapter 169 of that version Program. procedures for purposes of selecting the re- title at Ford Island. cipient of real or personal property under (j) INAPPLICABILITY OF CERTAIN PROPERTY AMENDMENT NO. 601 subsection (b) and the lessee of real or per- MANAGEMENT LAWS.—Except as otherwise At the appropriate place in the bill insert: sonal property under subsection (c). provided in this section, transactions under (f) CONSIDERATION.—(1) As consideration SEC. . DEVELOPMENT OF FORD ISLAND, HAWAII. this section shall not be subject to the fol- for the conveyance of real or personal prop- lowing: (a) IN GENERAL.—(1) Subject to paragraph erty under subsection (b), or for the lease of (2), the Secretary of the Navy may exercise (1) Sections 2667 and 2696 of title 10, United real or personal property under subsection States Code. any authority or combination of authorities (c), the Secretary of the Navy shall accept in this section for the purpose of developing (2) Section 501 of the Stewart B. McKinney cash, real property, personal property, or Homeless Assistance Act (42 U.S.C. 11411). or facilitating the development of Ford Is- services, or any combination thereof, in an land, Hawaii, to the extent that the Sec- (3) Sections 202 and 203 of the Federal aggregate amount equal to not less than the Property and Administrative Services Act of retary determines the development is com- fair market value of the real or personal patible with the mission of the Navy. 1949 (40 U.S.C. 483, 484). property conveyed or leased. (k) SCORING.—Nothing in this section shall (2) The Secretary may not exercise any au- (2) Subject to subsection (i), the services thority under this section until— be construed to waive the applicability to accepted by the Secretary under paragraph any lease entered into under this section of (A) the Secretary submits to the appro- (1) may include the following: priate committees of Congress a master plan the budget scorekeeping guidelines used to (A) The construction or improvement of fa- measure compliance with the Balanced for the development of Ford Island; and cilities at Ford Island. (B) a period of 30 calendar days has elapsed Budget Emergency Deficit Control Act of (B) The restoration or rehabilitation of 1985. following the date on which the notification real property at Ford Island. (l) CONFORMING AMENDMENTS.—Section is received by those committees. (C) The provision of property support serv- 2883(c) of title 10, United States Code, is (b) CONVEYANCE AUTHORITY.—(1) The Sec- ices for property or facilities at Ford Island. amended— retary of the Navy may convey to any public (g) NOTICE AND WAIT REQUIREMENTS.—The (1) in paragraph (1), by adding at the end or private person or entity all right, title, Secretary of the Navy may not carry out a the following new subparagraph: and interest of the United States in and to transaction authorized by this section ‘‘(E) Any amounts that the Secretary of any real property (including any improve- until— the Navy transfers to that Fund pursuant to ments thereon) or personal property under (1) the Secretary submits to the appro- section 2862(i)(3)(A)(i) of the Military Con- the jurisdiction of the Secretary in the State priate committees of Congress a notification struction Authorization Act for Fiscal Year of Hawaii that the Secretary determines— of the transaction, including— 2000, subject to the restrictions on the use of (A) is excess to the needs of the Navy and (A) a detailed description of the trans- the transferred amounts specified in that all of the other Armed Forces; and action; and section.’’; and (B) will promote the purpose of this sec- (B) a justification for the transaction (2) in paragraph (2), by adding at the end tion. specifying the manner in which the trans- the following new subparagraph: (2) A conveyance under this subsection action will meet the purpose of this section; ‘‘(E) Any amounts that the Secretary of may include such terms and conditions as and the Navy transfers to that Fund pursuant to the Secretary considers appropriate to pro- (2) a period of 30 calendar days has elapsed section 2862(i)(3)(A)(ii) of the Military Con- tect the interests of the United States. following the date on which the notification struction Authorization Act for Fiscal Year (c) LEASE AUTHORITY.—(1) The Secretary of is received by those committees. 2000, subject to the restrictions on the use of the Navy may lease to any public or private (h) FORD ISLAND IMPROVEMENT ACCOUNT.— person or entity any real property or per- (1) There is established on the books of the the transferred amounts specified in that sonal property under the jurisdiction of the Treasury an account to be known as the section.’’. Secretary in the State of Hawaii that the ‘‘Ford Island Improvement Account’’. (m) DEFINITIONS.—In this section: Secretary determines— (2) There shall be deposited into the ac- (1) The term ‘‘appropriate committees of (A) is not needed for current operations of count the following amounts: Congress’’ has the meaning given that term the Navy and all of the other Armed Forces; (A) Amounts authorized and appropriated in section 2801(4) of title 10, United States and to the account. Code. (B) will promote the purpose of this sec- (B) Except as provided in subsection (2) The term ‘‘property support service’’ tion. (c)(4)(B), the amount of any cash payment means the following: (2) A lease under this subsection shall be received by the Secretary for a transaction (A) Any utility service or other service subject to section 2667(b)(1) of title 10, United under this section. listed in section 2686(a) of title 10, United States Code, and may include such others (i) USE OF ACCOUNT.—(1) Subject to para- States Code. terms as the Secretary considers appropriate graph (2), to the extent provided in advance (B) Any other service determined by the to protect the interests of the United States. in appropriation Acts, funds in the Ford Is- Secretary to be a service that supports the (3) A lease of real property under this sub- land Improvement Account may be used as operation and maintenance of real property, section may provide that, upon termination follows: personal property, or facilities. of the lease term, the lessee shall have the (A) To carry out or facilitate the carrying The PRESIDING OFFICER. Without right of first refusal to acquire the real prop- out of a transaction authorized by this sec- erty covered by the lease if the property is objection, the amendments are agreed tion. to. then conveyed under subsection (b). (B) To carry out improvements of property (4)(A) The Secretary may provide property or facilities at Ford Island. The amendments (Nos. 592 through support services to or for real property (C) To obtain property support services for 601) were agreed to. leased under this subsection. property or facilities at Ford Island. Mr. STEVENS. Mr. President, I move (B) To the extent provided in appropria- (2) To extent that the authorities provided to reconsider that action. tions Acts, any payment made to the Sec- under subchapter IV of chapter 169 of title 10, Mr. INOUYE. I move to lay that mo- retary for services provided under this para- United States Code, are available to the Sec- graph shall be credited to the appropriation, retary of the Navy, the Secretary may not tion on the table. account, or fund from which the cost of pro- use the authorities in this section to acquire, The motion to lay on the table was viding the services was paid. construct, or improve family housing units, agreed to. (d) ACQUISITION OF LEASEHOLD INTEREST BY military unaccompanied housing units, or Mr. STEVENS. Mr. President, it is SECRETARY.—(1) The Secretary of the Navy ancillary supporting facilities related to my understanding that the time has may acquire a leasehold interest in any fa- military housing at Ford Island. now arrived when no more first degree cility constructed under subsection (f) as (3)(A) The Secretary may transfer funds consideration for a transaction authorized from the Ford Island Improvement Account amendments will be cleared to be of- by this section upon such terms as the Sec- to the following funds: fered. retary considers appropriate to promote the (i) The Department of Defense Family The PRESIDING OFFICER. That is purpose of this section. Housing Improvement Fund established by correct. (2) The term of a lease under paragraph (1) section 2883(a)(1) of title 10, United States Mr. STEVENS. I inquire from the may not exceed 10 years, unless the Sec- Code. Senator from Arizona if he wishes to retary of Defense approves a term in excess (ii) The Department of Defense Military address the Senate at this time. of 10 years for the purpose of this section. Unaccompanied Housing Improvement Fund (3) A lease under this subsection may pro- established by section 2883(a)(2) of that title. I yield the floor. vide that, upon termination of the lease (B) Amounts transferred under subpara- The PRESIDING OFFICER. The Sen- term, the United States shall have the right graph (A) to a fund referred to in that sub- ator from Arizona is recognized. S6660 CONGRESSIONAL RECORD — SENATE June 8, 1999

AMENDMENT NO. 584 Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- Mr. MCCAIN. Mr. President, this tinued tinued amendment restores $3.1 billion in op- erations and maintenance and procure- Directive Report Language: Di- Aircraft survivability equipment: ment funding that is cut by section 108 rects the Army to consider advanced threat infrared coun- conveying firefighting equip- termeasures/common missile of the bill. It reduces various accounts ment to the Bayonne Local warning system ...... 8.1 to eliminate funding for low-priority, Redevelopment Authority Night Vision Imaging Systems .... 5 unnecessary and wasteful spending by and the City of Bayonne; Aircrew integrated systems ...... 8 an equal amount. The amendment Recommends that Rock Island Weapons and Tracked Combat Ve- doesn’t change the total amount for de- Arsenal be included as a pri- hicles, Army fense in this bill. It simply redirects ority facility for the Depart- Command and control vehicle ..... 6 the cuts to eliminate pork barrel ment’s Total Asset Visibility Heavy assault bridge mods ...... 15.5 spending rather than high-priority Implementation Plan. MK–19 automatic grenada launch- er ...... 5 readiness and modernization funds. Navy Operational Meteorology and Items less than $5 million ...... 15 I find it staggering that the com- Oceanography ...... 10 Ammunition Procurement, Army mittee would cut funding for readiness Shipyard Apprentice Program ..... 12 40mm CTG ...... 8 and modernization by $3.1 billion when Ship Depot Operations Support, 60mm mortar ...... 9 this bill contains nearly $5 billion in Phila. Naval Shipyard ...... 23 120mm HE mortar CTG ...... 3 120mm WP smoke CTG ...... 5 spending for unrequested, low-priority, Warfare Tactics PMRF facilities improvements ...... 5 105mm CTG artillery ...... 10 unnecessary and wasteful spending pro- Wide area munitions ...... 10 grams that have not been scrutinized UNOLS ...... 3 Professional Development/Educa- ARMS Initiative ...... 14 in the normal merit-based review proc- tion Asia Pacific Ctr...... 1.7 Other Procurement, Army ess. Barrow landfill ...... 3 Tactical trailers/dolly sets ...... 6 Army Data Distribution System 15 Congress recently passed an emer- Directive Report Language: Di- SINCGARS family ...... 20 gency spending bill that contained rects the Navy to establish a AN/TTC–56 warfighter informa- pilot program for purpose of nearly $11 billion in defense spending tion network (ACUS) ...... 40 verifying cost savings that to pay for the costs of ongoing oper- Secure terminal equipment can be achieved through the ations in Kosovo. I believe the adminis- (ISSP) ...... 12.5 use of a west coast propeller tration request was around $5 billion. Worldwide Technical Control Im- overhaul facility. Specifies provement Program (Multi-pur- As the chairman of the committee characteristics that result in pose Range Targetry Elec- stated on the floor yesterday, we will one possible candidate site. tronics) ...... 5.1 very likely need to act later this year Marine Corps on another supplemental bill to pay for Information systems ...... 45 Initial Issue ...... 15 LTWT Video reconnaissance sys- continued offensive operations against NBC Defense Equipment ...... 1.1 tem ...... 1.5 Serbia or to enforce a peace agreement Air Force Firefinder radar system mods ..... 8.1 and protect the Kosovars who return B–52 attrition reserve ...... 35 Striker command and control home. Civil Air Patrol Corporation ...... 12.5 system ...... 10 University Partnering for Oper- LOGTECH Army Automatic Iden- Why, then, would we want to cut ational Support ...... 5 funding from this bill that would be tification Technology (AIT) ..... 5 TACCSF upgrades ...... 10 Ribbon bridge equipment ...... 13.5 needed to carry out these operations Eielson utilidors ...... 9.9 Lightweight Maintenance Enclo- into the next fiscal year? Tinker and Altus base repairs ..... 25 sure ...... 3.2 Why wouldn’t we instead cut some of Defense-Wide Water purification system ...... 3 DoDDS Math Teacher Leadership the $5 billion in pork barrel spending Combat medical support equip- Program ...... 4 ment ...... 4 that has been put in this bill prin- Technology innovation and cipally for the benefit of Members and Combat training centers support teacher education ...... 5 (incl. Ft. Polk) ...... 10 their constituents? OEA; Fitzsimmons Army Hos- Improved moving target simu- Here is the list of unrequested pro- pital ...... 10 lator upgrade program ...... 3.5 Charleston Macalloy site ...... 10 grams included in the bill that I have Commercial Construction Equip- OSD; Pacific Disaster Center op- ment SLEP ...... 8 accumulated. erations ...... 4 Aircraft Procurement, Navy I ask unanimous consent that this Clara Barton Center, Pine Bluff .. 1.3 F/A–18E/F advance procurement Jefferson Project ...... 5 list of unrequested and unwanted (6) ...... 14 Civil-Military Programs projects be printed in the RECORD at EA–6 aircraft transmitters ...... 25 Youth Challenge ...... 62.5 this time. EA–6 night vision devises ...... 15 Innovative readiness training ...... 20 SH–60 helicopter AQS–13F ...... 7.5 There being no objection, the list was Starbase Youth Program ...... 6 UH–1 helicopter infrared radar ordered to be printed in the RECORD, as National Guard and Reserve follows: system ...... 10 Directive Report Language: The UH–1 helicopter engine torque Department of Defense appropriation bill for Committee encourages the pressure system ...... 2.5 fiscal year 2000, objectionable provisions Army Reserve to expend re- P–3 aircraft AIP kits ...... 24.2 sources on the Modern Burner C–2A aircraft propeller ...... 5 [In millions of dollars] Unit. Common ground equipment di- OPERATION AND MAINTE- Distance Learning Project ...... 45 rect support sqdrn, readiness NANCE Addtional full-time support tech- training ...... 3 Army nicians ...... 26 High Pressure Pure Air Generator 2.5 School house support ...... 10 Weapons Procurement, Navy Fort Wainwright utilidors ...... $7 Project Alert ...... 3.2 BQM–74 aerial targets ...... 30 Air Battle Captain Helo. Flight Fort Belknap Training Range ..... 2 Improved tactical air launched Training Program ...... 1.2 Defense Systems Evaluation, decoy (ITALD) ...... 20 Joint Assessment Neurological White Sands Missile Range ...... 2.5 Weapons industrial facilities ...... 7.7 Examination Equip...... 1.5 PROCUREMENT MK–45 gun mount mods ...... 28 Army Conservation and Eco- Aircraft, Army Shipbuilding and Conversion, Navy system Management ...... 3 UC–35 aircraft (5) ...... 27 LHD–8 advance procurement ...... 500 BOS-Dugway Proving Ground, UH–60 helicopter (11) ...... 175 Other Procurement, Navy Utah ...... 5 AH–64 helicopter mods ...... 45 Other navigation equipment ...... 19 C–12 airplane mods ...... 3 Items less than $5 million (Dis- UC–35A Basing and Sustainment 17.8 Kiowa Warrior helicopter mission tance Learning) ...... 6.5 Rock Island Bridge Repairs ...... 5 trainer ...... 6.6 AN/BPS–15H surface search radar 8 Fort Des Moines—Historic OCS Kiowa Warrior switchable eyesafe AN/SPS–73 radar ...... 8 Memorial ...... 2 laser rangefinder ...... 2.6 SSN acoustics ...... 2.6 June 8, 1999 CONGRESSIONAL RECORD — SENATE S6661 Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- tinued tinued tinued JEDMICS ...... 9 Improved High Rate Alkaline Weapons and Munitions—Eng Information Systems Security Cell ...... 1.0 Dev: Program (ISSP) ...... 3.5 Low Cost Reusable Alkaline Motar Anti-Personnel/Anti-Ma- Passive sonobuoys ...... 3 Manganese-Zinc ...... 1.4 terial (MAPAM) ...... 7.2 AN/SSQ–62 ...... 3 Re-Usable Coin Cells ...... 0.6 50 Caliber Quick Change Barrels 2.0 AN-SSQ–101 ...... 3 Lithium Carbon Monoflouride Sense and Destroy Armament Weapons Range Support Equip- Coin Cells ...... 0.4 Missile: Program Increase ...... 10.0 ment ...... 11 ‘‘AA’’ Zinc Air Battery ...... 0.7 Firefinder: TBM Cueing ...... 7.9 Retrofit OMNI IV/V night vision Countermine Systems: Nonlinear Threat Simulator Development: goggles ...... 18.1 Acoustic Technology ...... 1.0 Threat EO/IR Simulator ...... 2.5 NULKA anti-ship missile decoy ... 12 Human Factors Engineering Threat Mine Simulator ...... 1.2 Procurement, Marine Corps Technology: Emergency Med- Virtual Threat Simulator ...... 4.0 LAV mortar test program sets .... 4 ical Team Coordination ...... 3.4 Concepts Experimentation Pro- Tracked vehicle modification Environmental Quality Tech- gram: Digital Information kits ...... 60.5 nology: Technology Testbed ...... 3.0 K-Band test obscuration pairing Plasma Energy Pyrolysis Sys- Army Test Ranges and Facilities: system ...... 2 tem (PEPS) ...... 8.0 White Sands Missile Range ...... 7.5 Radio systems ...... 10 Phyto-Remediation In Arid DOD High Energy Laser Test Fa- D–7G bulldozer ...... 10 Lands ...... 3.0 cility: HELSTF ...... 14.0 Aircraft Procurement, Air Force Texas Regional Institute for Munitions Standardization Effec- F–16C/D (2) ...... 50 Env. Studies ...... 1.0 tiveness and Safety: F–16C/D advance procurement (12) 24 Military Engineering Tech- Contained Detonation Tech- EC–130J (1) ...... 87.8 nology: nology ...... 3.0 C–130J spares and mods ...... 24.2 University Partnering For Ops Bluegrass Army Depot ...... 2.5 F–15 E-Kit engine upgrades for Support ...... 3.0 Management Headquarters Air National Guard ...... 20 Cold Regions R&D ...... 1.3 (R&D): Akamai research F–16 fuel tanks; oxygen gener- Medical Technology: project ...... 23.0 ating systems; digital terrain Disaster Relief And Emergency Combat Vehicle Improvement system; theater airborne recon. Medical Services ...... 5.0 Programs: M–1 Large Area Flat system ...... 34.5 Center For Innovative Mini- Panel Displays ...... 8 C–17 maintenance trainer ...... 3.5 mally Invasive Therapy ...... 10.0 Digitization: Fort Hood C–12 spare parts ...... 5 Osteoporosis And Bone Disease 2.5 Digitization Research ...... 2.0 Common support equip.: multi- Medical Advanced Technology: Force XXI Battle Command, Bri- platform boresight equip ...... 10 Center For Prostate Disease gade and Below (FBCB2): Missile Procurement, Air Force Research WRAMC ...... 7.5 FBCB2 ...... 21.7 Minuteman III mods ...... 40 Intravenous Membrane End Item Industrial Preparedness Ammunition Procurement, Air Force Oxygenator ...... 1.0 Activities: Sensor Fuzed Weapon ...... 8 Volume Angio CAT ...... 6.0 Instrumental Factory For Joint Diabetes Project ...... 10.0 Other Procurement, Air Force Gears (INFAC) ...... 4.0 Combat Vehicle and Automotive Combat training ranges: un- Totally Integrated Manufac- Advanced Technology: manned treat emitter ...... 28 turing Enterprise ...... 10.0 Future Combat Vehicle Devel- C3 countermeasures ...... 5 Directive Report Language: Di- opment ...... 5.0 Theater Deployable Communica- rects the Army and Marine Improved HMMWV Research .... 8.0 tion ...... 35 Command, Control, Communica- Corps to develop a plan, and Radio equipment ...... 3.7 tions Advanced Technology: In- report on its implementation, Laser eye protection ...... 2.4 novative Sensor Enhancement for including the Rock Island Mechanized material handling And Integration ...... 10.0 arsenal in all aspects of how- equipment ...... 10 Manpower, Personnel and Train- itzer design, development and Procurement, Defense-Wide ing Advanced Technology: production. Automatic Document Conversion Army Aircrew Coordination RDTE NAVY System ...... 50 Training ...... 3.0 Air and Surface Launched Weap- Patriot PAC-3 procurement ...... 60 Missile and Rocket Advanced ons Technology: Pulsed Detona- Chemical decontamination ...... 5 Technology: Future Missile tion Engine Technology ...... 5.0 National Guard and Reserve Technology Integration (FMTI) 5.0 Ship, Submarine and Logistics equipment ...... 300 Joint Service Small Arms Pro- Technology: Stainless Steel RDTE ARMY gram: Objective Crew Served Double Hull ...... 5.0 Defense Research Sciences: Cold Weapon (OCSW) ...... 5.0 Marine Corps Landing Force Regions Military Eng...... 1.0 Advanced Tactical Computer Technology: Non-Traditional University and Industry Research Science and Sensor Technology: Military Operations ...... 5.0 Centers: Digital Situation Mapboard ..... 2.0 Communications, Command and Basic Research In Counter Ter- Army Missile Defense Systems Control, Intel Surveillance: rorism ...... 15.0 Integration (DEM/VAL): Hyperspectral Research ...... 4.0 Electro And Hyper Velocity Missile Defense Flight Experi- UESA Signal Processing Sup- Physics Research ...... 3.0 ment Support ...... 14.7 port ...... 5.0 Advanced And Interactive Dis- Tactical High Energy Laser ..... 15.0 Human Systems Technology: plays ...... 1.3 Acoustic Technology Research 4.0 Coastal Cancer Control (MUSC) 5.0 National Automotive Center ...... 3.0 Radar Power Technology ...... 4.0 Retinal Pigment Laser Damage 0.2 Materials Technology: AAN Ma- Family Of Systems Simulators Materials, Electronics and Com- terials ...... 2.5 (Fossim) ...... 1.5 puter Technology: Missile Technology: Small Fast ChemBio Detectors 1.0 Heatshield Research ...... 2.0 Scramjet Technologies ...... 2.0 SMDC Battlelab ...... 5.0 Thermal Management Mate- Computational Fluid Dynamics 9.2 Armament Enhancement Initia- rials ...... 2.0 Modeling and Simulation Tech- tive: XM 1007 Precision Guided Photomagnetic Material Re- nology: Photonics ...... 5.0 Kinetic Energy Munition ...... 15.0 search ...... 0.5 Combat Vehicle and Automotive Aviation—Adv Dev: Virtual Cock- Silicon Carbide For Electronic Technology: pit Optimization ...... 5.0 Power Devices ...... 2.0 ‘‘Smart Truck’’ Initiative ...... 3.5 Medical Systems—Adv Dev: Com- Innovative Communications Alternative Vehicle Propulsion 10.0 bat Trauma Patient Simulation 5.8 Materials ...... 2.25 Chemical, Smoke, and Equipment EW Development: ATIRCMS/ Advanced Material Processing Defeating Technology: Optical CMWS ...... 4.0 Center ...... 5.0 Spectroscopy ...... 2.0 Brilliant Anti-Armor Submuni- ADPICAS ...... 1.15 Electronics and Electronic De- tion (BAT): TACMS 2000 ...... 10.0 Electronic Warfare Technology: vices: Joint Surveillance/Target Attack Free Electron Laser ...... 10.0 Hybrid Fuel Cell ...... 1.5 Radar System: JSTARS ...... 10.0 Waveform Generator ...... 3.0 S6662 CONGRESSIONAL RECORD — SENATE June 8, 1999 Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- tinued tinued tinued Oceanographic and Atmospheric Space and Electronic Warfare KC–135 Variable Displacement Technology: Distributed Ma- (SEW) Arch/Eng Support: Vane Pump ...... 4.0 rine-Environment Forecast NAVCIITI ...... 4.0 High Power, Advanced Low System ...... 2.4 Other Helo Development: Mass Systems Prototype ...... 6.0 Undersea Warfare Weaponry Sentient Sensors ...... 1.0 More Electric Aircraft Program 3.0 Technology: Parametric Airborne Dipping Thermophotovoltaic (TPV) ...... 2.0 Computational Eng. Design ...... 3.5 Sonar ...... 15.0 ISSES/AFRL ...... 0.775 SAUVIM ...... 1.5 H–1 Upgrades: EMD Program ...... 26.6 Hypersonic Technology Program: Surface Ship and Submarine Aircrew Systems Development: Restore Hypersonic And High HM&E Advanced Technology: Aircrew Systems ...... 3.5 Speed Propulsion ...... 16.0 Composite Helo Hangar ...... 5.0 Surface Combatant Combat Sys- Phillips Lab Exploratory Devel- Reconfigurable Ship Simula- tem Engineering: AEGIS Inter- opment: tion ...... 2.5 operability ...... 25.0 HAARP ...... 10.0 Power Node Control Centers ..... 3.0 Airborne MCM: CH–60 Upgrades .. 2.0 Radio Frequency Applications Virtual Testbed For Advanced Air Control: ECARS ...... 7.0 Development ...... 5.0 Electrical Systems ...... 5.0 Enhanced Modular Signal Proc- Tropo-Weather ...... 2.5 Marine Corps Advanced Tech- essor: ARCI/MPP ...... 11.0 Space Survivability ...... 0.6 nology Demonstration (ADT): Swath (Small Waterplane are HIS Spectral Sensing ...... 0.8 BURRO ...... 5.0 Twin Hull) Oceanographic Ship: Command, Control and Commu- Advanced Light Weight Gre- SWATH ...... 9.0 nications: Electromagnetic nade ...... 1.0 New Design SSN: Non-propulsion Technology ...... 9.3 Project Albert ...... 4.0 Electronic Systems ...... 10.0 Advanced Materials for Weapon Vehicle Technology Demo ...... 1.0 Ship Contract Design/Live Fire Systems: Composite Space Medical Development (Advanced): T&E: Smart Propulsor Product Launch Payload Dispensers ...... 4.5 Naval Dental Research Insti- Model ...... 2.0 Aerospace Structures: Polymeric tute ...... 3.0 Ship Self Defense—EMD: NULKA 4.4 Foam Core ...... 4.0 Prostate Cancer Immuno- ther- Distributed Surveillance System: Aerospace Propulsion and Power apy ...... 1.5 Advanced Deployable System ... 22.0 Technology: More Electric Air- Manpower, Personnel and Train- Major T&E Investment ...... 5.0 craft Program ...... 0.25 ing Adv Tech Dev: Marine Corps Program Wide Sup- Personnel Training and Simula- Integrated Manufacturing port: tion Technology: Behaviorial Studies ...... 3.0 ChemBio Individual Sampler Science Research & AFRL ...... 1.8 T-Star ...... 1.5 (CBIS) ...... 4.8 Crew Systems and Personnel Pro- Environmental Quality and Lo- Consequence Management In- tection Technology: Helmet Mounted Visual System gistics Advanced Technology: formation System (CMIS) ...... 1.2 Comp. & Mini-CRT ...... 5.0 Visualization Of Technical In- Small Unit Biological Detector Panoramic Night Vision Gog- formation (VTI) ...... 3.0 (SUBD) ...... 4.0 gles (PNVG) ...... 3.0 Navy Technical Information F–18 Squadrons: Joint Helmet Advanced Spacecraft Technology: Presentation System: Joint Ex- Mounted Cueing System ...... 5.0 Scorpius ...... 5.0 perimentation ...... 15.0 Consolidated Training Systems MSTRS: Undersea Warfare Advanced Development: Battle Force Tac- Upper Stage Flight Experiment 15.0 Technology: Terfenol-D ...... 2.5 tical Training System (BFTT) .. 7.5 Space Maneuver Vehicles ...... 25.0 Mine and Expeditionalary War- Surface ASW Combat System In- Advanced Weapons Technology: fare Advanced Technology: tegration: High Dyn. Range, Laser Spark Missile Counter- Ocean Modeling ...... 9.0 Towed Array Rec. & Sonar ...... 8.0 measures Program ...... 5.0 Advanced Technology Transition: Navy Science Assistance Pro- Field Laser, Radar Upgrades .... 6.0 Low Observable Stack ...... 10.0 gram: Environmental Engineering Vector Thrusted Dusted Pro- Lash ...... 12.0 Technology: E-Smart Environ- peller ...... 6.0 Airship/LASH Study for Range mental Monitoring Tool ...... 5.0 Advanced Trailer Research ...... 6.0 Enhancements ...... 1.0 Space Control Technology: Pro- Mine Countermeasures Ship ..... 12.0 Airborne Reconnaissance Sys- gram Increase ...... 5.0 C3 Advanced Technology: Na- tems: Hyperspectral Modular Joint Strike Fighter: Alternative tional Technology Alliance ...... 10.0 Upgrades ...... 4.0 Engine Development ...... 15.0 Surface and Shallow Ater Mine Modeling and Simulation Sup- Intercontinental Ballistic Missile Countermeasures: Integrated port: SPAWAR Modeling and (Dem/Val): Quick Reaction Combat Weapons Systems Simulation Initiative ...... 3.0 Launch Demonstration Under (ICWS) ...... 18.0 Industrial Preparedness Mantech 10.0 RSLP ...... 19.2 Shipboard System Component RDTE AIR FORCE Space Based Laser: SBL Plan, Development: Advanced Water Defense Research Sciences: Na- Eng. And Design Of SBL Test Jet Technology ...... 2.0 tional Solar Observatory ...... 0.65 Facility ...... 10.0 Pilot Fish ...... 2.5 Materials: B–2 Advanced Technology Bomb- Advanced Submarine System De- Structural Monitoring of Aging er: B–2 Upgrades And Maintain- velopment: Enhanced Perform- Aircraft ...... 1.5 ability Enhancements ...... 37.0 ance Motor Brush ...... 2.3 Friction Stir Welding ...... 2.0 EW Development: Precision And Ship Concept Advanced Design: Thermal Management For Location & ID Prog. (PLAID) STEP Development—Navy CAE Space Structures ...... 2.5 Upgrade ...... 10.0 Technology ...... 2.0 Titanium Matrix Composites ... 2.2 Submunitions: 3–D Advanced Advanced Surface Machinery Materials—High Temperature Track Acquisition And Imaging Systems: Naval Ship Surviv- Ceramic Fibers ...... 2.4 System ...... 4.5 ability ...... 2.5 Resin Systems For AF Engine Life Support Systems: Life Sup- Combat Systems Integration: Applications ...... 2.0 port Systems ...... 2.5 Common Command And Deci- Metals Affordability Initiative Computer Resource Technology sion Systems ...... 5.0 Consortium ...... 9.0 Transition (CRTT): Asset Soft- Cooperative Engagement: CEC Electrochem Fatigue Sensor ware Re-Use Program ...... 2.8 Space ...... 15.0 Dev & Field Use Tests ...... 3.0 Major T&E Investment: MARIAH Environmental Protection: As- Human Effectiveness Applied Re- II Hypersonic Wind Tunnel Pro- bestos Conversion Pilot Pro- search: gram ...... 6.0 gram ...... 4.0 Solid Electrolyte Oxygen Sepa- Program Reduction: Big Crow Land Attack Technology: Contin- rator ...... 6.0 Program Office ...... 5.0 uous Processor, NSWC ...... 6.3 Behavioral Science Res Under Space Test Program (STP): Micro Land Attack Technology: Ex- AFRL ...... 5.1 Satellite Technology ...... 10.0 tended Range Guided Munition 10 Aerospace Proulsion: F–16 Squadrons: ADV Identifica- Non-Lethal Weapons—Dem/Val: .. High Thermal Stability Fuel tion Friend Or Foe (AIFF) For Innovation Initiatives ...... 3.0 Technology ...... 1.0 F–16 ...... 6.0 June 8, 1999 CONGRESSIONAL RECORD — SENATE S6663 Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- Department of Defense appropriation bill for fis- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- cal year 2000, objectionable provisions—Con- tinued tinued tinued F–117A Squadrons: Pre-EMD And Fabrication of 3–D Micro Struc- Defense Reconnaissance Support EMD Efforts On Block 3 Up- tures ...... 2 Activities (Space): Pacific Dis- grades ...... 20.0 Biodegradable Plastics ...... 1.5 aster Center ...... 6.0 Compass Cass: TRACS–F Upgrade 8.0 Strategic Materials ...... 2 Defense Health Program Theater Air Control Systems: WMD Related Technology: Operation and Maintenance: Theater Air Control Systems Thermionics ...... 3.0 Alaska Federal Health Care (TACS) ...... 6.0 Nuclear Weapons Effects ...... 7.0 Partnership ...... 1.4 Theater Battle Management Deep Digger ...... 5.0 Graduate School of Nursing ..... 2.3 (TBM) C41: Theater Battle Man- Explosives Demilitarization Tri-Service Nursing Research agement Core Systems ...... 5.0 Technology: Explosives Demili- Program ...... 6.0 Cobra Ball: Advanced Airborne Pacific Island Health Care ...... 5 tarization Technology ...... 7.0 Center for Disaster Manage- Sensor ...... 4.0 Counter Terror Technical Sup- ment ...... 5.0 Information Systems Security port: Military Health Services Infor- Program: Lighthouse Cyber Se- Facial Recognition Technology 3.0 mation Management ...... 10 curity Program ...... 10.0 Testing Of Air Blast And Im- Brown Tree Snakes ...... 1 Airborne Reconnaissance Sys- provised Explosives ...... 4.0 PACMEDNET, Hawaii ...... 12.0 tems: JSAF LBSS And HBSS ... 10.0 Special Technical Support: Com- Automated Clinical Practice Manned Reconnaissance Systems: plex Systems Development ...... 5.0 Guidelines ...... 7.5 Prototype Pre-Processor ...... 4.5 Verification Technology Dem- Outcome Driven Health Care U–2 Dual Data-Link II Upgrade 8.0 onstration: Comprehensive Test and Info Systems ...... 6.0 Industrial Preparedness: Nickel- Ban Treaty Verification ...... 1.5 Research, development, test and Metal Hydride Replacement Generic Logistics R&D Tech- evaluation: Battery For F–16 ...... 1.33 nology Demonstrations: Breast Cancer Research Pro- Productivity, Reliability, Avail- Microelectronics ...... 3.0 gram ...... 175.0 ability, Maintain, Program Computer Assisted Technology Prostate Cancer Research Pro- OFC: Transfer ...... 6.0 gram ...... 75.0 Aging Aircraft Extension Pro- Acute lung injury, advanced Strategic Environmental Re- gram ...... 7.0 soft tissue modeling, alcohol search Program: Biosystems Blade Repair Facility ...... 7.0 abuse prevention, alcoholism, Technology ...... 6.0 Support Systems Development: brain injury, childhood asth- Cooperative DOD/VA Medical Re- Integrated Maintenance Data ma, cognitive neuroscience, search ...... 10.0 Systems ...... 9.0 diabetes, digital mammog- Advanced Electronics Tech- DEFENSE–WIDE, RDT&E raphy imaging, disease man- nologies: Support Technologies—Applied agement demonstration, en- Change Detection Technology .. 3 Research: zymatic wound disinfectants, Defense Techlink ...... 1.5 Wide Band Gap Materials ...... 14.0 neurofibromatosis, Center for Advanced Micro- POAP ...... 8.0 osteoporosis and bone disease, structures and Devices ...... 4 Laser Communications Experi- ovarian cancer, Advanced Concept Technology ment ...... 3.0 polynitroxylated hemoglobin, Demonstrations: Magnetic Support Technologies—Advanced smoking cessation, stem cell, Bearing Cooling Turbine ...... 4.0 Technology Dev. tissue regeneration research 50.0 Atmospheric Interceptor Tech- High Performance Computing Drug Interdiction and Counterdrug nology (AIT) ...... 30.0 Modernization Program: Activities Excalibur ...... 5.0 Multi Thread Arch. System For National Guard counterdrug sup- Scorpius ...... 5.0 High Per. Modem ...... 4.0 port, New Jersey ...... 20.0 Silicon Thick Film Mirror High Performance Visualiza- Gulf States counterdrug com- Coatings ...... 2.0 tion Center ...... 3.0 puter upgrades in Alabama, Joint Theater Missile Defense Large Millimeter Telescope ...... 2 Georgia, Louisiana & Mis- Program: Joint Wargaming Simulations sissippi ...... 10.0 Liquid Surrogate Target Devel- Management Office: Synthetic Marijuana eradication ...... 6.0 opment Program ...... 5.0 Range Study ...... 1.0 Counterdrug intelligence and in- PMRF TMD Upgrades ...... 10.0 Joint Robotics Program: Light- frastructure support ...... 50.0 Optical-Electro Sensors ...... 5.0 weight Robotic Vehicles ...... 5.0 R–OTHR radar study ...... 1.0 Kauai Test Facility ...... 4.0 Advanced Sensor Applications Northeast Regional Counterdrug BMD Technical Operations: Program: Training Center ...... 2.0 SMDC Adv. Research Center .... 3.0 HAARP ...... 5.0 Counternarcotics Center at Ham- Threat and Countermeasures: Solid State Dye Laser Applica- mer ...... 8.0 Comprehensive Advanced Radar tions ...... 6.0 Technology ...... 4.0 Total ...... 4.887B CALS Initiative: CALS—Inte- Phase IV of Long Range Missile grated Date Environment (IDE) 4.0 Some Examples of Protectionist Legislation Feasibility ...... 3.0 Chemical and Biological Defense ‘‘Buy American’’ anchor chains. Patriot PAC–3 Theater Missile ‘‘Buy American’’ carbon, alloy, or armor Defense Acquisition-EMD: Pro- program—Dem/Val: Bioadhesion Research To Com- steel plate. gram Cost Growth ...... 152.0 ‘‘Buy American’’ ball and roller bearings. OTHER ADJUSTMENTS bat Biological Warfare ...... 2.0 ‘‘Buy American’’ computers. Defense Research Sciences: Spec- M93 Al For Chemical Simula- ‘‘Buy American’’ coal for municipal dis- tral Hole Burning Applications 2.0 tion Training Suites ...... 5.0 trict heat, Germany. University Research Initiatives: Humanitarian Demining: ‘‘Buy American’’ food, speciality metals, Anticorrosion Studies ...... 1.5 Demining Technologies For hand tools, measuring tools, clothing, and Advanced High Yield Software Unexploded Land Mines ...... 3.0 fabrics (Berry Amendment). Development ...... 1.5 Joint Robotics Program EMD: BILL LANGUAGE Active Hyperspectral Imaging Vehicle Teleoperations ...... 5.0 Operations and Maintenance, Army Sensor Research Program Joint Theater Air and Missile De- fense Organization: Support Not less than $355 million shall be avail- Chemical And Biological De- able only for conventional ammunition care Jamming AOA ...... 10.0 fense Programs: Chemical And and maintenance. Biological Detection Programs 4.0 Defense Technology Analysis: Shipbuilding and Conversion, Navy Medical Free Electron Laser ...... 2.281 Commodity MGT System Con- Re-Use Technology Adoption Pro- solidation ...... 5.0 The Secretary of the Navy is authorized to gram ...... 3 Information Systems Security enter into a contract for an LHD–1 Amphib- Chemical And Biological Defense Program: Trusted Rubix Data- ious Assault Ship which shall be funded on Program: Chemical And Bio- base Guard ...... 1.8 an incremental basis. logical Detection Programs ...... 10.0 Defense Imagery and Mapping Chemical Agents and Munition Destruction, Tactical Technology: CEROS ...... 7 Program: Army Integrated Command And Control Pacific Imagery Program for $1 million shall be available until expended Technology: High Definition Exploitations ...... 2.8 each year only for a Johnston Atoll off-is- System (HDS) ...... 10.0 NIMA View Joint Mapping Tool 8.0 land leave program. S6664 CONGRESSIONAL RECORD — SENATE June 8, 1999 Intelligence Community Management Account be carefully scrutinized when funded in will most assuredly translate into $27 million shall be transferred to the De- the defense budget. We do just the op- higher risks for the young men and partment of Justice for the National Drug posite: we use the defense budget to women we send into harm’s way to de- Intelligence Center. fund pet projects that should be funded fend us and our country. Kaho’ olawe Island Conveyance, Remedi- through nondefense agencies in non- Mr. President, I understand what is ation, and Environmental Restoration Fund: $35 million. defense spending bills. Osteoporosis is a going on here. We have a problem, and Section 8022: $500,000 shall be used during a serious problem, but in the defense that is the existence of stringent budg- single fiscal year for any single relocation of budget? $3 million to fund phyto-reme- et caps designed to keep government an organization, unit, activity or function of diation research and arid lands? In the spending in check. I support those who the Department of Defense into or within the defense budget? How can we take our- are resisting the urge to bust the budg- National Capitol Region. selves seriously—how can the public et by exceeding the spending allowed Section 8029: Prohibition on the use of take us seriously, when we dem- by the 1997 budget agreement. funds to reduce or disestablish the 53rd onstrate absolutely no willingness to Weather Reconnaissance Squadron of the Air I also understand that the Appropria- Force Reserve, Keesler Air Force Base. curtail the very spending practices tions Committee has to balance the in- Section 8033: $26.4 million shall be avail- that put this country so heavily in terests of those who favor domestic able only for the Civil Air Patrol Corpora- debt? spending over defense spending, and I tion. At the very time a consensus has realize that compromises have to be Section 8070: Restrictive employment prac- formed around the proposition that the made. tices for contractors that could increase the armed forces are being stretched peril- But we shouldn’t be stuffing appro- cost of the work to be performed. ously thin, a situation that will get Section 8071: The Army shall use the priations bills, defense or otherwise, former George Air Force Base as the airhead worse when we send more than a bri- full of pork-barrel spending. And we for the National Training Center at Fort gade’s worth of ground forces into shouldn’t be cutting defense, like this Irwin. Kosovo, it is incumbent upon those of bill does, to set aside money to cover Section 8083: Authorizes the Defense De- us elected to represent the interests of the excess pork-barrel spending that partment to waive reimbursement costs as- the nation that we act with a modicum will inevitably show up in other domes- sociated with the conduct of seminars, con- of self-restraint where the public treas- tic appropriations bills later in the ferences and other activities at the Asia-Pa- ure is concerned. Failing to do so will process. cific Center for Security Studies. not only damage the treasure, it will Section 8098: Authorizes $255,333 for pay- And I would just like to make the ment to Trans World Airlines to replace lost most assuredly cost lives. This is, after point that the money that was taken and canceled Treasury checks. all, national defense. from this bill for later pork-barrel Section 8103: $5 million shall be transferred Let’s review some recent examples of spending could just as easily be reallo- to the Department of Transportation to re- readiness shortcomings, shortcomings cated back into this bill, when this align railroad track on Elmendorf Air Force that the Joint Chiefs of Staff have re- amendment is adopted. Base. peatedly emphasized pose a serious We shouldn’t be jeopardizing the Section 8105: Requires procurement of malt threat to both near and long-term beverages and wine sold by nonappropriated readiness of our Armed Forces by cut- readiness: ting high-priority funding just to stay fund activities of the Defense Department The nuclear carrier U.S.S. Enterprise from commercial entities within the state in within the budget caps. We should do which the military installation resides. (CVN–65) recently deployed to the Per- the right thing, and cut the pork in- Section 8107: Amends the Communications sian Gulf and Kosovo, undermanned by stead of potentially putting our men Act with respect to the bidding process in- some 800 sailors. and women in harm’s way without the We are losing pilots to the commer- volving the sale of the frequency spectrum. training and tools they need to defend Mandates such bidding process be initiated cial airlines faster than we can train themselves and our nation. during fiscal year 1999. them. I was going through this list here. Section 8108: Reduces the amount available The Navy has one-half the F/A–18 pi- Some of them are interesting and some for national defense by $3.1 billion. lots, one-third of the S–3 pilots, and Mr. MCCAIN. Mr. President, it totals only one-quarter of the EA–6B pilots it are amusing: Under Defense Health Program is $1.4 $5 billion. Self-restraint in fiduciary needs. matters is a virtue, especially for a Only 26 percent of the Air Force pi- billion for the Alaska Federal Health party that rose to majority status with lots have committed to stay beyond Care Partnership; Tri-Service Nursing the promise of reducing this type of their current service agreement. Research Program, $6 million—remem- practice. The Army says that five of its ten di- ber, this is out of Defense. I don’t even But every year it is the same old visions lack enough majors, captains, know where the Tri-Service Nursing story: More money for NULKA antiship senior enlisted personnel, tankers and Research Program is. Then there is Pa- decoy systems; more money for the gunners. cific Island Health Care, $5 million; plethora of laser projects that have Again, the world watches as the Air brown tree snakes—the perennial tree proliferated at every lab in the coun- Force’s main bomber, the B–52, once snakes—is only a million dollars this try; more money for unrequested and again is called to duty to delivery air year. I would have thought that with unneeded aircraft; more money for launched cruise missiles in combat. all the millions and millions we have automatic grenade launchers—we have How many times has the Air Force spent on brown tree snakes over the got to have a stockpile of these things called upon this 40-year old workhorse past years, we would have at least been that will last forever—more money for to deliver devastating firepower? The able to defend a nation from them. Un- research into double-hull technology, B–52 bomber was already old when I fortunately, the spending for brown which shipbuilders are supposed to pro- saw it fly in Vietnam, and yet the Air tree snakes continues, and probably vide themselves per the requirements Force plan will carry the current will for a long time—at least in my of the Oil Pollution Prevention Act. bomber fleet through the next 40 years, lifetime. There are millions every year for with a replacement to the B–52 ten- Outcome Driven Health Care and Info hyperspectral research that is not re- tatively planned in 2037. Systems, $6 million; Breast Cancer Re- quested by the military. Earmarks like The Navy is struggling to maintain a search Program, $175 million; Prostate the one that requires the Army and fleet of 300 ships, down from over 500 in Cancer Research Program, $75 million; Marine Corps to make the Rock Island the early 1990s. The fiscal year 2000 Acute lung injury, advanced soft tissue arsenal the center of all future design, budget will not support a Navy of even modeling, et cetera, et cetera, $50 mil- development and production activities 200 ships. lion. Then, of course, we have the usual related to artillery do not represent The Marine Corps saves money in protections in this legislation that re- good public policy. What is it that spare parts by retreading light trucks quires us to ‘‘buy American’’ anchor forces us to designate Rock Island arse- and Humvees, so as to afford small chains, carbon, alloy, or armor steel nal as a center for this? That’s not pub- arms ammunition for forward deployed plate, and ball and roller bearings. We lic policy. Marines. have to buy American for computers Medical research and environmental Mr. President, the cumulative effect this time. That is interesting. We have matters unrelated to combat ought to of these types of readiness problems to buy American coal for municipal June 8, 1999 CONGRESSIONAL RECORD — SENATE S6665 district heat in Germany. Talk about Mr. President, I will be glad to have ing would reduce or eliminate funding the old line about bringing coal to New a tabling motion vote or an up-or-down provided to replace the aging UH–1, the Castle. Then, of course, we have to buy vote on this amendment. Huey helicopters, built in the 1960s, American food, specialty metals, hand I yield the floor. with the Army’s modern standard, the tools, measuring tools, clothing and Mr. STEVENS. Mr. President, I re- UH–60 Blackhawk. fabrics. gretfully must oppose Senator The amendment reduces funding for Then we have Ship Depot Operation MCCAIN’s amendment. I understand the advance procurement of one of the Support at the Philadelphia Naval amendment, but it takes a different ap- Commandant of the Marine Corps’ top Shipyard, $23 million. I am very curi- proach to funding critical Department priorities, the LHD–8 amphibious as- ous about that expenditure up in Phila- of Defense priorities for fiscal year 2000 sault ship. delphia, which was supposed to be than the committee has approved in For the Air Force, funding for addi- opened and going to be in private this bill before the Senate. tional F–16, EC–130J and JStars air- hands. Barrow landfill, $3 million; Pro- Based upon the amounts that we pro- craft would be deleted. fessional Development/Education Asia vided in the fiscal year 1999 emergency In research and development, funds Pacific Center, $1.7 million. I wonder supplemental appropriations for added for the SBIRS satellite, national whose profession is being developed Kosovo and funds that were remaining missile defense and the third arrow there. Let’s see. The list goes on. from the 1999 supplemental for Bosnia, battery for Israel would be reduced. I think I have made my point, as the committee determined—and I add For the Defense Health Program, the usual. Here is Counternarcotics Center that it was at my request—that at additional amounts provided for breast at Hammer. Since I don’t know where least $3.1 billion now available to the cancer research and prostate cancer re- Hammer is, I probably should not com- Department of Defense can and should search would be cut also by the Sen- ment on it. The list goes on. Here is be carried over to the year 2000. As a ator’s amendment. one the military didn’t request: A matter of fact, on the floor of the Sen- In response to Members’ requests smart truck initiative. Perhaps we will ate I stated that our intent was to try that the committee provide additional have trucks that gas themselves, be- and take care of some of the year 2000 funds to fight the war on drugs, the cause $3.5 million is a pretty hefty sum obligations in that supplemental to committee did add funding for the gulf to spend on smart trucks. best reflect the needs of the Depart- states counterdrug initiative, the Na- Here is Plasma Energy Pyrolysis sys- ment and the pressures across the dis- tional Guard counterdrug missions, tem and Phyto-remediation in Arid cretionary accounts under the 1997 and $50 million in response to the pro- Lands. Not to mention one of our im- budget agreement. posed Drug Free Century Act. Senator portant defense items, Texas Regional Our committee adjusted the totals in MCCAIN’s amendment would delete Institute for Environmental Studies. this bill to reflect those specific $61.6 million of the funds added to the Then there is the University amounts that carry over from the 1999 bill for those efforts. Partnering for Operations Support and appropriation into the year 2000. Hav- The Senator from Arizona and I have Cold Regions R&D. ing done so, having brought $3.1 billion discussed on many occasions that we The list goes on. The point is that we more into this account, we then re- do have different approaches to ad- now have 11,000 enlisted families that moved some of the moneys that we pre- dressing the funding needs for the are on food stamps. We now have a viously allocated to the account into Armed Forces. I know Senator MCCAIN shortage of air launch cruise missiles, the nondefense area. The discretion to is a stalwart proponent of the men and which everybody knows about. We now do that gave us the ability to meet women of the armed services and their have an incredible increase in the wear critical needs in the nondefense area. families, and I believe I am also. We and tear of our equipment because of We believe that we did address crit- are just approaching the job from a dif- the dramatically increased operations ical readiness problems in the supple- ferent direction. regarding Kosovo. What do we do? We mental, and we specifically anticipated I believe that I must, on behalf of the think that we spend the money the some of those needs which could pos- committee, oppose the amendment. I military needs for modernization and sibly have been incurred—the costs in- truly believe the flexibility provided by operations and maintenance? No, Mr. curred—before September 30th of this the committee to the Department of President. We spend $5 billion in unnec- year. Those now appear to be funds Defense best accommodates the needs essary and unwanted things, which is that will be required in the year 2000, of the military, and ensures that funds up, by the way, from the supplemental. and we have met those demands by are available in the accounts where I think I only identified a little over $2 moving forward with the money. necessary to accommodate readiness, billion that was in the ‘‘emergency’’ I know this has caused some anxiety quality of life, modernization and tech- supplemental, such as Dungeness crab to people within the Department of De- nology priorities. I can state categori- fishermen, reindeer, and other ‘‘vital fense who believe that we have cut the cally the accounts that are here to ac- emergencies’’ that required our imme- bill. We have not cut the bill. The bill commodate readiness, quality of life, diate attention. is exactly the same amount of money modernization and technology prior- So, I have very little confidence that originally under consideration by the ities of the Department of Defense have this amendment will carry. I think it is committee, but we have found the been met by our bill. important, however, that the American moneys to pay those bills by carrying The Senator mentioned some of the people know where their tax dollars are forward into the year 2000 some of the items in this bill that affect my State. going, and sooner or later—perhaps 1999 appropriations. The Point Barrow landfill was created later—they will demand that we stop We believe we have met the needs of by the Department of the Navy. It op- doing this with their hard-earned tax the military under this bill. The erated in Point Barrow for many, many dollars. It may be later, as I say. But I amendment of the Senator from Ari- years. As that installation was closed also have to say to my dear friends on zona strikes from the bill $3.1 billion, down, the Department of Navy did not the Appropriations Committee, I see rather than carry forward with the remediate the landfill. It is a terrible increases in this kind of wasteful and money from 1999. I think that will have problem in the Arctic, particularly in unnecessary spending, not decreases. a detrimental impact on the priorities the summertime when that landfill be- There is going to have to come a point established by the committee and the comes just a morass. The local people where we are going to have to start priorities that some Members have pre- have asked, using Defense Department having recorded votes on all this stuff. sented not only in committee but on funds, that the job be completed. This I am worried about brown tree snakes the floor. bill does, in fact, provide moneys for like everybody else, but I am much For instance, the Senator’s amend- that purpose. more worried about the men and ment would reduce nearly $270 million The Senator mentioned the joint women in the military who happen to from the service operation and mainte- Federal telemedicine project that is be subsisting on food stamps today. I nance accounts, including $53.5 million going on in my State. Again, this is an think a lot of Americans are growing from the Army National Guard alone. initiative by the Department of De- rather weary of this procedure. In procurement, the amendment pend- fense that has a substantial amount of S6666 CONGRESSIONAL RECORD — SENATE June 8, 1999 communications capability in our ority so we can meet the obligations of I request there be 2 minutes equally di- State to deal with Federal agencies’ the year 2000 with the funds that will vided so the Senator from Arizona can needs and the needs of the services be available under the budget agree- state to the Senate again the purpose they provide throughout the State of ment. If we cannot do that, we will of the amendment before the final vote Alaska to coordinate a delivery system come to the Senate in September, and on the amendment. for medicine using telemedicine tech- we will have to work out a way to solve The PRESIDING OFFICER. Without niques. We believe that is going to re- our problem. objection, it is so ordered. sult in reducing the cost of health care Right now, our goal—and I think it is Mr. STEVENS. I suggest the absence delivery to Alaska Native people and a bipartisan goal—is to live with the of a quorum. the Indian Health Service to the mili- Budget Act, stay within the caps, yet The PRESIDING OFFICER. The tary people throughout our State who meet our obligations. What we have clerk will call the roll. serve on military bases and those who done in this bill is the initial key to The assistant legislative clerk pro- receive the benefits of Federal pro- opening up the door down that long ceeded to call the roll. grams. It is not a general program for corridor to comply with the Budget Mr. STEVENS. Mr. President, I ask the population as a whole. Act. I urge the Senate to disapprove unanimous consent that the order for I say to the Senate, I understand the the amendment of the Senator from the quorum call be rescinded. Senator’s approach and I respect it, but Arizona. The PRESIDING OFFICER. Without I believe and our committee believes I yield to my friend if he has any objection, it is so ordered. that there are instances where activi- comments to make. AMENDMENTS NOS. 549 AND 550 WITHDRAWN ties, which originated on military The PRESIDING OFFICER. The Sen- Mr. STEVENS. Mr. President, I have bases or caused by military occupation ator from Hawaii. authority to withdraw Byrd amend- of specific portions of land within the Mr. INOUYE. Mr. President, I join ments Nos. 549 and 550. They were individual States, do affect the local my chairman, Mr. STEVENS, in opposi- modified and accepted in the managers’ population and that those obligations tion to the McCain amendment. In the package to which we previously agreed. of the Federal Government should be statement made by the distinguished The PRESIDING OFFICER. The met with defense funds. Senator from Arizona, he mentioned a amendments are withdrawn. The basic problem, though—I go back brown tree snake, $1 million to either The amendments (Nos. 549 and 550) to the beginning—we did not cut from control or to rid the State of Hawaii of were withdrawn. other accounts in order to get the mon- this menace. Mr. STEVENS. I suggest the absence eys to shift to other appropriations The history of the brown tree snake of a quorum. bills. For instance, we have shifted a is a rather simple one, and it has been The PRESIDING OFFICER. The substantial amount of money now documented. It was found in Solomon clerk will call the roll. through what we call the deficiency Islands and during the war, army The legislative assistant proceeded subcommittee—which was a sub- transport vessels accidentally or other- to call the roll. committee created specifically for that wise carried several brown tree snakes Mr. INOUYE. Mr. President, I ask purpose—moneys from these accounts from the Solomon Islands to Guam. unanimous consent that the order for from the Department of Defense into Within 2 years, seven species of birds the quorum call be rescinded. the agriculture appropriations bill, but have been wiped out on Guam, babies The PRESIDING OFFICER (Mr. the way it was done does not reduce have been threatened, and there is a DEWINE). Without objection, it is so or- the amount of money that will be spent brownout almost once an evening be- dered. by the Department of Defense in the cause of brown tree snakes. AMENDMENT NO. 581 year 2000. A portion of the moneys real- The State of Hawaii has no snakes Mr. INOUYE. Mr. President, I ask ly are carried over to be spent in the unless they are brought in. It has been unanimous consent that amendment year 2000 rather than being spent in documented that the brown tree snake No. 581 be taken up at this moment. 1999, and that is what we intended was brought in from Guam via the Air The PRESIDING OFFICER. The when we asked the Congress to approve Force aircraft. Therefore, the Depart- clerk will report. that supplemental appropriations bill. ment of Defense, assuming some re- The assistant legislative clerk read I hope the Senate will agree with us sponsibility for this, has not dis- as follows. and will oppose this amendment and approved this amount of $1 million to The Senator from Hawaii [Mr. INOUYE] pro- defeat it. It is a significant vote for us help the State of Hawaii rid itself of poses an amendment numbered 581. to determine. the brown tree snakes. Mr. INOUYE. Mr. President, I ask Members will note the reports in the Hawaii’s environment is such that it unanimous consent that reading of the papers and in the media concerning the is rather fragile. We have no natural amendment be dispensed with. meetings that are taking place in the predators to control the snakes, and if The PRESIDING OFFICER. Without House of Representatives. They are de- it ever gets loose in my State, then all objection, it is so ordered. ciding on an approach quite similar to the beautiful birds of paradise will dis- The amendment is as follows: ours to reduce the amount of money appear. At the appropriate place in the bill insert: SEC. . (a) The Department of Defense is that will be spent through the fiscal I think the amount we have put in authorized to enter into agreements with the year 2000 process and carry over some this bill represents the position on the Veterans Administration and Federally- of the funds from 1999 to meet the obli- part of the Department of Defense in funded health agencies providing services to gations in the year 2000. assuming responsibility is a rather Native Hawaiians for the purpose of estab- I think that is a legitimate way to small one. lishing a partnership similar to the Alaska use the money that is available to us I hope my colleagues will join us in Federal Health Care Partnership, in order to and will enable us hopefully to stay opposing the McCain amendment. maximize Federal resources in the provision under the caps in treating all of the Mr. STEVENS. Mr. President, it is of health care services by Federally-funded health agencies, applying telemedicine tech- bills that have to be passed by our my hope the Senate will agree that we nologies. For the purpose of this partnership, committee. Thirteen separate bills can proceed on other amendments. Native Hawaiians shall have the same status have to be brought to this floor, and I ask for the yeas and nays on the as other Native Americans who are eligible ours is the only committee which faces Senator’s amendment. for the health care services provided by the a point of order under the Budget Act The PRESIDING OFFICER. Is there a Indian Health Service. if we exceed the caps. We are trying sufficient second? (b) The Department of Defense is author- our best to live with that Budget Act. There appears to be a sufficient sec- ized to develop a consultation policy, con- I think we will. ond. sistent with Executive Order 13084 (issued There is still a serious gap in money, The yeas and nays were ordered. May 14, 1998), with Native Hawaiians for the purpose of assuring maximum Native Hawai- but we will find that money somewhere Mr. STEVENS. Mr. President, I ask ian participation in the direction and admin- within the agencies, either by reducing unanimous consent that this amend- istration of government services so as to carryover funds or by eliminating ment be set aside and hopefully we will render those services more responsive to the funds that are now no longer high pri- vote on it sometime between 3:30 and 4. needs of the Native Hawaiian community. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6667 (c) For purposes of these sections, the term pose of assuring maximum Native Ha- Mr. WELLSTONE. Mr. President, ‘‘Native Hawaiian’’ means any individual waiian participation in the direction though I see on the floor Mr. INOUYE who is a descendant of the aboriginal people, and administration of governmental and Mr. STEVENS, two Senators for who, prior to 1778, occupied and exercised services so as to render those services whom I have a tremendous amount of sovereignty in the area that now comprises respect, I rise to speak in opposition to the State of Hawaii. more responsive to the needs of the Na- tive Hawaiian community, consistent the proposed increases in military Mr. INOUYE. Mr. President, this with the following findings of the spending contained in this defense ap- amendment has been cleared by both Congress—— propriations bill for fiscal year 2000. sides and the chairman of the Indian The United States recognizes and af- I have, I believe, been a strong sup- Affairs Committee. I ask that it be firms that American Indian, Alaska porter of our women and men in uni- considered and passed. Native, and Native Hawaiian people, as form, especially our veterans. I think With Chairman STEVENS’ agreement, the aboriginal, indigenous, native peo- we should provide the best possible included in the managers’ package of ple of the United States have a con- training, equipment and preparations amendments is bill language that tinuing right to autonomy in their own for our military forces. I understand would provide authority to replicate affairs and an ongoing right of self-de- and know full well that our forces have the Federal Health Care Partnership termination and self-governance. been asked in recent years to carry out that is now operating in the State of The Constitutional authority of the a number of peacekeeping, Alaska. Congress to legislate in matters affect- humantarian and other missions. Pursuant to the Alaska Federal ing the aboriginal, indigenous, native I voted to support the airstrikes in Health Care Partnership, the Depart- people of the United States includes Kosovo. I have raised questions ment of Defense (DoD), the Veterans’ the authority to legislate in matters throughout this conflict. I hope there Administration (VA) and the Indian affecting the Native Hawaiian people, will be a diplomatic solution, and I Health Service (IHS) have entered into as aboriginal, indigenous, native people hope the Kosovars will be able to go memoranda of understanding in order who have a special relationship with back home. I think we are at the begin- to make the most efficient use of re- the United States. ning of a huge challenge. In particular, sources that are made available to each The Federal policy of self-determina- I want us to remember the Kosovars of these Federally-funded health care tion and self-governance of the aborigi- and continue especially with humani- systems in the provision of health care nal, indigenous, native people of the tarian assistance. So I think we need to adequately sup- services to their respective eligible United States is intended to maximize port these activities, and I also sup- beneficiaries. Initiated in April of 1995, the participation of native people in ported the supplemental budget for the under this partnership, health care the direction and administration of cost of the campaign in Kosovo. But I services are being provided to eligible governmental services to their commu- am troubled—and I think I am prob- DoD, VA and IHS beneficiaries without nities in order to make those services ably one of only a few in the Senate, regard to the designation of the health more responsive to the needs of the na- but I have the opportunity and the care service facility, and telemedicine tive people and their communities. In honor of being able to speak as a Sen- technologies are being employed to accordance with that policy, the Con- ator from Minnesota, and so I will—by provide access to health care services gress encourages Federal agency con- in remote rural areas. what I see as a stampede in this Con- sultation with the aboriginal, indige- gress toward even greater increases in The proposed bill language would nous, native people of Hawaii, Native provide authority for the Department Pentagon spending. I think the in- Hawaiians, with regard to agency ac- crease in spending in this legislation of Defense to establish a similar ar- tions that uniquely or significantly af- rangement with the Veterans’ Admin- goes way beyond what we need to spend fect them or their communities. in the conflict in Kosovo and way be- istration and Federally-funded health For purposes of these sections in the yond what I think a post-cold war de- care agencies providing health care proposed bill language, the term ‘‘Na- fense budget should reflect. services to Native Hawaiians in the tive Hawaiian’’ means any individual This appropriations bill totals $264 State of Hawaii. For the purpose of who is a descendant of the aboriginal billion, and we also appropriated a con- this partnership, Native Hawaiians people who, prior to 1778, ‘‘occupied siderable amount more in the supple- shall have the same status as other Na- and exercised sovereignty in the area mental bill, the emergency bill. If you tive Americans who are eligible for the that now comprises the State of Ha- look at the cost of Kosovo, it will be a health care services provided by the In- waii.’’ relatively small percentage of this dian Health Service. I thank the chairman of the Defense overall budget. In terms of manpower The proposed bill language also pro- Appropriations Subcommittee, Senator or womanpower, even if we partici- vides authority for the Department of STEVENS, for his willingness to assure pate—and I believe we will—in the Defense to develop a consultation pol- that the Department of Defense has a KFOR peace enforcement process, we icy with regard to programs and activi- consistent policy as it relates to all will be contributing about 7,000 troops. ties which affect the Native Hawaiian Native Americans. The total armed force of the United community in Hawaii. Mr. STEVENS. We are in agreement, States is roughly 1.5 million. So this is On May 14, 1998, President Clinton Mr. President. not a question of whether or not we go The PRESIDING OFFICER. Without issued Executive Order 13084, directing on and live up to our commitment in every Federal agency to establish an objection, the amendment is agreed to. The amendment (No. 581) was agreed Kosovo. I think we can support that effective process to provide for mean- mission without this Pentagon budget ingful and timely consultation and co- to. Mr. INOUYE. Mr. President, I move at the level called for. ordination with Native Americans and I fear that using Kosovo and also Native American governments in the to reconsider the vote. Mr. STEVENS. I move to lay that some vaguely defined set of ‘‘threats’’ development of policies and practices motion on the table. will end up—and I want to talk about that significantly or uniquely affect The motion to lay on the table was some of the doctrines that undergird their communities. On October 20, 1998, agreed to. this budget—giving a blank check to the Secretary of the Department of De- Mr. INOUYE. I thank the Chair, and the Pentagon this year and in the fense announced the issuance of the I suggest the absence of a quorum. years ahead. This budget accounts for a Department’s consultation policy af- The PRESIDING OFFICER. The little over half of the discretionary fecting two of the three constituent clerk will call the roll. spending in the annual budget. That is Native American groups—American In- The legislative clerk proceeded to what troubles me. If you look at the dians and Alaska Natives. The pro- call the roll. peak of the cold war, currently we are posed bill language authorizes the De- Mr. WELLSTONE. Mr. President, I spending, roughly speaking, just think- partment of Defense to develop a simi- ask unanimous consent that the order ing about real dollar terms, close to 90 lar consultation policy for the third for the quorum call be rescinded. percent—about 86—of the cold war constituent group of Native Ameri- The PRESIDING OFFICER. Without budget, and that is during the height of cans—Native Hawaiians—for the pur- objection, it is so ordered. the cold war. S6668 CONGRESSIONAL RECORD — SENATE June 8, 1999 Now, most of the funds in this budget major theater war will occur’’ or ‘‘who real national security is the security of go to maintaining a force structure our next adversary will be.’’ our local communities. that is shaped by the requirement to It is important to recognize, as op- Whatever happened to the idea that fight two simultaneous, major conflicts posed to appropriating moneys based we were going to focus on early child- and to counter what defense analysts upon this kind of strategic doctrine, hood development? Whatever happened refer to as ‘‘uncertainty scenarios.’’ that since 1945 the United States has to the priority that we were talking I recognize that the United States fought only three major regional con- about as being so important to our faces a number of threats around the flicts—one every 15 or 20 years. The re- country that we had to invest in the world and that those threats have gional great powers and peer competi- health, skills, intellect, and character changed during the cold war period—in tors that currently enthrall planners of our children? Whatever happened to particular, the threat of terrorism and are only hypothetical constructs, and the importance of affordable child the proliferation of weapons of mass the world changes all of the time. care? Whatever happened to the impor- destruction. If we look carefully at I will give an example of a little bit tance of decent health care coverage those threats, we can see that in this more of this doctrine. The prime can- for people? budget too much of the spending is not didates, in addition to these uncer- In my State of Minnesota, 35 percent directly related to meeting those tainty scenarios, worst-case scenarios, of senior citizens—that is it, 35 percent threats but, rather, continues with for future peer rival status, given cur- of senior citizens—have some prescrip- what I define as cold war priorities. rent doctrine, are Russia and China. A tion drug coverage. The other 65 per- We continue to pour billions of dol- dozen years of dedicated investment cent have no coverage at all. Many of lars into unnecessary cold war era might resuscitate a significant portion them are spending up to 40 percent of weapons programs. We continue to of the Russian Armed Forces, but that their budget just on these costs. Where maintain a nuclear arsenal that is certainly is not what we are looking at is the funding going to be for that? completely disproportionate to the ar- right now—a major military compet- Where is the funding going to be for senals maintained by our potential ad- itor, Russia. The Chinese ‘‘threat,’’ the 44 million people who have no versaries—an arsenal that could be even given all of the developments we health insurance at all? substantially cut, resulting in dra- have been talking about over the last Yesterday, we had a White House matic savings, still providing for as several weeks, is even more iffy. If Chi- conference dealing with mental health. I would add substance abuse. I have strong a defense as we could ever need. na’s economy holds out, in 30 years it been doing work with Senator DOMEN- Congress has also skewed spending might be able to mount a ‘‘Soviet- ICI—and proud to do so—on trying to priorities by refusing to close military style’’ challenge. bases that the Pentagon acknowledges Surveying the prospects worldwide, a deal with some discrimination and are unneeded and obsolete and which Defense Intelligence Agency analyst making sure that people get decent the Pentagon itself has pressed to concludes that ‘‘no military or tech- mental health coverage. How are we going to move forward to close. nical peer competitor to the United make sure there is decent health care What is especially troubling about States is on the horizon for at least a coverage for people? How are we going the spending in this budget is the Stra- couple of decades.’’ to make sure there is affordable child tegic Concepts—the two major regional As I have said, I believe we should care? What about affordable housing? conflicts concept and other uncertain maintain a strong defense. We face a How are we going to take the steps in scenarios—that are, I think, implau- number of credible threats in the our communities to reduce the vio- sible and unlikely. I want to draw here world, including terrorism and the pro- lence and to be able to get to the kids— on some excellent work done by ana- liferation of weapons of mass destruc- I think of the juvenile justice bill that lyst Carl Conetta and Charles Knight tion. But let’s make sure we carefully we passed not more than a couple of of the Project on Defense Alternatives identify the threats we face and tailor weeks ago—before they get into trou- in Cambridge, MA. our defense spending to meet them. ble in the first place? How are we going Beginning in the 1980s, the focus of Let’s not continue to maintain mili- to make sure that higher education is defense planners moved away from tary spending based on hypothetical affordable? How are we going to make ‘‘clear and present danger’’ of the So- threats that may not arise for dec- sure we have the best education for viet power to the intractable problem ades—if at all. every child? of ‘‘uncertainty.’’ Along with the shift I will argue as we look at this budg- I just simply want to say I am going has come a new kind of Pentagon par- et, which again makes up about one- to vote against this bill, and I am tisan—the ‘‘uncertainty hawk.’’ The half of our discretionary spending, that going to vote against this bill for two uncertainty hawks are engaged in we ought to consider this vote in the reasons, neither of which has anything worst-case thinking. Among the sort of context of where we are heading with to do with the two very distinguished nonstandard scenarios, worst-case sce- these budget caps. I say yes to a strong Senators who are managing this bill. narios that are, for example, talked defense but no to some of the unneces- First of all, as I said, I think much of about with this kind of doctrine are de- sary spending that is in this budget; no it goes beyond Kosovo. Much of it goes fending the Ukraine or the Baltics to some of the scenarios that are laid beyond our real national defense. I against Russia, civil wars in Russia out in this budget and some of the doc- think too much of it is still based upon and Algeria, a variety of wars in China, trines that undergird the spending in a cold war doctrine. I believe we can contention with Germany, and wars this budget, especially when we are make cuts in the Pentagon budget and aligning Iraq and Syria against Tur- talking about over 50 percent of discre- still have a strong defense. I have tried key, and Iraq and Iran against Saudi tionary spending going into this area. to lay out that case. Arabia. The Pentagon’s Quadrennial Whatever happened to the discus- Second of all, I am going to vote Defense Review, QDR, uses unnamed sions we once had about national secu- against this bill—I don’t think too ‘‘wild card’’ scenarios to help define rity at home? If we are going to spend many Senators are—because I view the these requirements. 50 percent of our discretionary budget vote on this appropriations bill in the Now, although both the 1993 and 1997 on the Pentagon—and we are not going context of the overall budget and Defense Reviews link the two-war re- to do anything about these budget where these appropriations bills are quirements to the Korean and Persian caps, and we will have to, in my view, going. I view some of the dollars spent Gulf scenarios, these were also de- take these caps off; there is no ques- on the Pentagon as being dollars that scribed merely as examples of possible tion about it. But on current course we are not going to spend for affordable wars. Officially, the two-war require- within this context of the budget we child care, that we are not going to ment—that we have to be able to fight now have before us, we are going to spend to make sure there is decent edu- two wars simultaneously—is generic. It spend over 50 percent of discretionary cation for our children, that we are not is not tied directly to Korea or the spending on the Pentagon. And, as a re- going to spend to make sure there is af- gulf. As the Quadrennial Defense Re- sult, what are we not doing? We are not fordable housing. view puts it, ‘‘We can never know with looking at the other part of our na- I argue that somewhere in the debate certainty when or where the next tional defense. I argue that part of our in the Senate we have to also look at June 8, 1999 CONGRESSIONAL RECORD — SENATE S6669 real national security as not just being possible, I believe, to finish this bill to- The PRESIDING OFFICER. Without a strong defense as defined in this night with the cooperation of Members objection, it is so ordered. budget, which I am for, although I of the Senate. AMENDMENT NO. 584 think a strong defense doesn’t neces- I suggest the absence of a quorum. Mr. MCCAIN. Mr. President, the sitate all of the money we are spend- The PRESIDING OFFICER. The chairman and ranking member spoke ing, but, in addition, we have to think clerk will call the roll. eloquently about the merits of several The legislative assistant proceeded about real national security as the se- projects in this bill that affect their to call the roll. curity of our local communities where States. As I have said before, I don’t Mr. STEVENS. Mr. President, I ask —one more time, and I will finish on pretend to judge the merit of each and unanimous consent that the order for this—there is affordable child care— every project on the list of objection- the quorum call be rescinded. when are we going to get to that?— able materials. I do, however, object to there is affordable housing, there is de- The PRESIDING OFFICER. Without objection, it is so ordered. the process by which these projects cent education, there is decent health were added to this bill, the process that AMENDMENT NO. 589, AS MODIFIED care, where we don’t have one out of circumvented the normal and appro- Mr. STEVENS. I call up amendment every four children under the age of 3 priate merit-based review for deter- growing up poor in our country, where No. 589. The PRESIDING OFFICER. Without mining the highest priority not only in we don’t have one out of every two defense but across all appropriations children of color under the age of 3 objection, it is so ordered. Mr. STEVENS. I send to the desk a bills. growing up poor in our country, and second-degree amendment. It will mod- I want to clarify something the make sure that every child, no matter ify this amendment in a way that is ac- chairman said: In this list, it does color of skin, or income, or rural, or ceptable to both sides. I ask that this not—repeat, does not—include funding urban, or boy or girl, can grow up amendment, as modified, be agreed to. for the SBIRS program on the Israeli dreaming to be President of the United The PRESIDING OFFICER. Is there arrow missile defense program. There States of America. objection? is no reduction in funding for those I think that has to be part of the def- Without objection, the amendment is programs. inition of our real national security. I agreed to. Finally, my colleagues know the think we have to make more decisive The amendment (No. 589), as modi- military service chiefs testified to Con- investments in these areas of public fied, was agreed to, as follows: gress earlier this year that they need life in our Nation. At the appropriate place in the bill, insert more than $17 billion every year in I believe this appropriations bill, in the following: order to redress several readiness the context of the budget, where these SEC. . Of the funds made available in shortfalls. This bill falls about $6 bil- appropriations bills are going to, sub- Title IV of this Act under the heading ‘‘Re- lion short of that goal. This amend- tracts from that very important agen- search, Development, Test And Evaluation, ment would restore $13 billion in high- da as well. Navy’’, up to $3,000,000 may be made avail- able to continue research and development priority readiness and modernization Let me finish one more time by being funds to help meet the services’ needs, one of the Members of the Senate—I on polymer cased ammunition. Mr. STEVENS. Mr. President, I move offsetting every time with low-priority don’t know whether others will say—I spending cuts. think others will say this eventually— to reconsider the vote. Mr. INOUYE. I move to lay that mo- I emphasize they came over and said who says that right now we are in a fis- they needed $17 billion. We are not cal straitjacket. We will not be able to tion on the table. The motion to lay on the table was meeting that minimal request. live with these caps. We will be making I yield the floor. a huge mistake if we don’t make some agreed to. Mr. STEVENS. Mr. President, I sug- Mr. STEVENS. Mr. President, I must of the decisive investments I am talk- oppose the Senator’s amendment. I ing about on the floor today. This will gest the absence of a quorum. The PRESIDING OFFICER. The think it will change the direction we be a very shortsighted vision. We need clerk will call the roll. are going in terms of how to meet the to do much better as a nation going The legislative assistant proceeded pressing needs of the Department of into the next century. And it can’t be to call the roll. Defense and, at the same time, balance just Pentagon spending; it always has Mr. STEVENS. Mr. President, I ask those needs against the rest of the to be to make sure that there is a unanimous consent that the order for needs of the country. peaceful opportunity for every child in the quorum call be rescinded. I urge that this amendment be de- our country. The PRESIDING OFFICER. Without feated. I yield the floor. objection, it is so ordered. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- AMENDMENTS NOS. 588 AND 591, EN BLOC question is on agreeing to the amend- ator from Alaska. Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, it is ment. The yeas and nays have been or- that the Chair lay before the Senate about time to vote on the McCain dered. amendments Nos. 588 and 591, and I ask amendment. We thought we would have The clerk will call the roll. they be considered en bloc. another amendment offered by this The legislative clerk called the roll. The PRESIDING OFFICER. Without time. But it has not been offered. I be- Mr. NICKLES. I announce that the objection, it is so ordered. lieve it is time we start voting on these Senator from New Hampshire (Mr. The question is on agreeing to the GREGG) and the Senator from Idaho amendments. amendments. I will state for the Chair that it is (Mr. CRAPO) are necessarily absent. The amendments (Nos. 588 and 591) Mr. REID. I announce that the Sen- my intention to find some way to call were agreed to. up these amendments in the order they ator from Delaware (Mr. BIDEN) is ab- Mr. STEVENS. I move to reconsider sent due to a death in the family. were presented and dispose of them the vote. now as quickly as we can. There is a The result was announced—yeas 16, Mr. INOUYE. I move to table the mo- nays 81, as follows: vote on cloture tomorrow on the Y2K tion. [Rollcall Vote No. 156 Leg.] proposition. I assume that will carry. The motion to lay on the table was We certainly do not want to have this agreed to. YEAS—16 defense bill waiting around for the Mr. STEVENS. I suggest the absence Allard Gramm McCain completion of a long process that is re- Bayh Grams Robb of a quorum. Brownback Hagel Torricelli lated to cloture. The PRESIDING OFFICER. The Edwards Kerry Wellstone I urge Members to cooperate with us. clerk will call the roll. Feingold Kyl I will inquire of Members as they come The legislative clerk proceeded to Graham Lugar to the floor now on this vote as to call the roll. NAYS—81 when they will be able to present their Mr. MCCAIN. Mr. President, I ask Abraham Baucus Bond amendments to see if we can find some unanimous consent that the order for Akaka Bennett Boxer way to get some time limitations. It is the quorum call be rescinded. Ashcroft Bingaman Breaux S6670 CONGRESSIONAL RECORD — SENATE June 8, 1999 Bryan Harkin Murkowski meet normal needs. If the Senator They sent us over a fact sheet and we Bunning Hatch Murray Burns Helms Nickles would delete that last clause, we will found out that is what these were Byrd Hollings Reed be happy to accept the amendment. about. Campbell Hutchinson Reid Mrs. BOXER. I just want a moment, Many of us here in the Senate—my- Chafee Hutchison Roberts if I may confer with my friend. self included—have said we are willing Cleland Inhofe Rockefeller Cochran Inouye Roth Mr. STEVENS. Mr. President, I have to provide additional funds for the De- Collins Jeffords Santorum been told there is an objection to my fense Department to improve recruit- Conrad Johnson Sarbanes suggestion, so I withdraw it. ment and retention to fix shortfalls in Coverdell Kennedy Schumer The PRESIDING OFFICER. The Sen- training and spare parts and address Craig Kerrey Sessions Daschle Kohl Shelby ator from California is recognized. quality of life issues, including family DeWine Landrieu Smith (NH) Mrs. BOXER. Thank you, Mr. Presi- housing and health care for our mili- Dodd Lautenberg Smith (OR) dent. I will look at this because I have tary personnel. I think the Senate has Domenici Leahy Snowe not asked for the yeas and nays at this done a commendable job in addressing Dorgan Levin Specter Durbin Lieberman Stevens time. We may well delete that par- many of these shortfalls: A 4.8-percent Enzi Lincoln Thomas ticular part of the amendment. As a pay increase, improving the retirement Feinstein Lott Thompson matter of fact, we will probably take system, increasing retention benefits. Fitzgerald Mack Thurmond I strongly supported each and every Frist McConnell Voinovich care of that problem. Gorton Mikulski Warner Mr. President, this amendment is a one of those initiatives. However, we Grassley Moynihan Wyden very important amendment. We basi- have more to do. It is shocking to some NOT VOTING—3 cally say that the provision in the bill people to know that we have military people on food stamps. The Senator Biden Crapo Gregg for leasing six luxury executive jets for military generals will be essentially from Iowa led the fight in the author- The amendment (No. 584) was re- deleted. These are the same kinds of ization bill to point out that our per- jected. executive jets that are used by, frank- sonnel overseas needed to be part of Mr. STEVENS. Mr. President, I move ly, billionaires, CEOs of the biggest the WIC Program—the Women, Infants to reconsider the vote. multinational corporations. I think and Children Program—to give their Mr. LEAHY. I move to lay that mo- providing additional executive jets to children cheese and milk to survive. So tion on the table. the military’s fleet of over 100 Gulf- how do we now come up with almost, I The motion to lay on the table was 1 stream, Lear, and Cessna jets sends the might say, $ ⁄2 million over the 10-year agreed to. wrong signal to our young men and period to lease the fanciest executive PRIVILEGE OF THE FLOOR women in the military and reflects jets that you can find? Until we are to- Mr. STEVENS. Mr. President, I ask misguided spending priorities by this tally convinced—and from my point of unanimous consent that Bill Adkins, a Congress. view not even then—should we even legislative fellow on Senator ABRA- I want to tell you—and I know the consider this kind of an expenditure? HAM’s staff, be granted privileges of the Senator from Iowa would agree—it What is it for? So four-star generals floor during the Senate’s consideration wasn’t easy to find this gold-plated can travel throughout the world in the of this bill. pork. To say it was buried in this bill greatest of comfort. I love to fly in The PRESIDING OFFICER. Without is an understatement. It was like find- comfort. I fly across the country al- objection, it is so ordered. ing a needle in a haystack. It is so dis- most every week. It is hard. I fly com- Mr. STEVENS. Mr. President, there guised, there is no direct mention of mercial and sometimes I sit in coach are so many fellows being admitted the Gulfstream aircraft anywhere in and sometimes I use my upgrades and that I am going to ask on the next one the bill. They are being leased for the sit in business class. It is wearing and that comes up that all fellows that are first time, I think, because it disguises hard, but it is fine. You don’t need to working with Senators be limited to the cost, which is enormous—when I spend $39 million on a plane, or lease it not more than 1 hour each on the floor get into it, I will tell you. It is about at even a higher cost to do the business during the consideration of this bill. $39 million for one of these executive the military requires you to do. It is Those chairs in the back of the Senate jets, compared to the executive jet that really a question of priorities. We have are for people who are working with us is in the fleet now that costs $5.4 mil- done a lot for our enlisted personnel, on this bill. lion, which is very fancy, and that one but still we need to do more. Yet, we Mrs. BOXER addressed the Chair. is the Cessna Citation Ultra. This one are doing this in this bill. I am very The PRESIDING OFFICER. The Sen- is the Gulfstream; this is the gold-plat- hopeful that the chairman—if we re- ator from California. ed version. move that one part from our amend- AMENDMENT NO. 541 The New York Times points out that ment—will be able to join us in support Mrs. BOXER. Mr. President, I will leasing these jets costs taxpayers of this amendment. take a little time to explain this about $145 million more than buying There may be some objection. But I amendment and to say that the pri- these jets. But I have to tell you, if you hope we can agree to drop this. Our military personnel often live in mary coauthor of it is Senator HARKIN lease them, it is hard to find them in family housing that needs replacement from Iowa. A cosponsor is Senator the bill. or repair. This is a priority. WYDEN. In order to find out what is going to I was looking at the amendment of- I ask unanimous consent that Sen- be leased, we had to call the Air Force fered by the Senate from Arizona. I al- ator FEINGOLD also be added as a co- and get a fact sheet that clearly says most supported it until the chairman sponsor of the amendment and that his the jets will be leased, and they will be explained to me exactly what was hap- statement be placed in the RECORD at top-of-the-line Gulfstream V jets. pening. Sometimes Members under- the appropriate place. Again, nowhere in this bill do you see stand these things. We look in our own The PRESIDING OFFICER. Without Gulfstream V or a description of these areas. We see the deficiencies. I think objection, it is so ordered. jets. If you read page 142—that is where that if Members want to put something Mr. STEVENS. Mr. President, I am the authority comes from—this is what in to improve the quality of life of the happy to listen to the comments of the it says. This is literally the last page of people they represent in the military, Senator. On the second page, it says, this bill, page 142: it is appropriate. But I don’t think this ‘‘. . .and the relevancy of the missions Aircraft leasing. Inserts a provision to pro- is appropriate. of aircraft to warfighting require- vide the Air Force the necessary authority Let me quote from the May 24 issue to negotiate leases for support aircraft. ments.’’ of Defense Week. This is talking about It is the position of the committee That is it. Support aircraft. No one the emergency supplemental. that the aircraft we are talking about would know that these were the Gulf- The New York Times has exposed the bills’ are for basically multimission func- stream jets that were stripped out of buried aircraft language . . . this raised law- tions and are really not designed for the emergency supplemental bill. You makers’ concerns that appropriators would warfighting requirements. They are de- could not tell. But the Air Force told appear even softer on pork than they already signed for transportation, basically to us right upfront and very honestly. seemed. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6671

If the committee thought this was I don’t have to tell Chairman STE- are very lavish and very nice aircraft. pork and did not belong in this emer- VENS, because he has to deal with the In fact, I will show you what we are gency appropriations bill, then I say it aggravation of these nondefense discre- talking about. is still pork now. It is just in another tionary program cuts overall of $21 bil- This is a Gulfstream V. It is a very vehicle. But pork is pork. lion. I serve on the Budget Committee. nice airplane. I am sure that million- What is especially troubling is that I know how hard it is going to be when aires who have made a lot of money in this leasing authority could cost more you get to the civilian side of the budg- the stock market probably have those. than buying the six aircraft outright. et. Right now, a 9-percent decrease in Billionaires have them. I am sure they Again, the New York times says that domestic spending is going to be facing fly them around. It is a very nice, luxu- leasing the jets costs $476 million the appropriators. What does that 9- rious aircraft. All of the statistics are —that is almost $.5 billion over 10 percent cut mean? It means dev- very good on that aircraft. It is quiet. years—while buying them would cost astating cuts in many programs. The It flies high. It goes long distances non- $333 million. I do my subtraction. That Labor-HHS bill is cut 13 percent. This stop. It is quite luxurious on the inside. is a $143 million difference. could hurt programs. We don’t know As you can see, this is a very nice Here is how the Gulfstream company where they are going to cut. But it business executive jet. I wouldn’t deny described these particular jets. This is could hurt programs like Head Start; that it is a good tool for a lot of busi- the company that would get the sale of the Centers for Disease Control; Job nesses to use in fact. I am not here to these jets: Corps; summer jobs, which helps keeps say that Gulfstream V is a bad aircraft, The Gulfstream V includes an evolution in kids out of trouble in the summer or that it shouldn’t be built, or that cabin design that minimizes the inherent months; and dislocated worker assist- there is no reason to have this in any- strain of long-range travel. From the 100-per- ance. body’s inventory—not in the least. cent fresh air control system, to the com- The point is that we are cutting in This aircraft serves a very valuable fortably maintained 6,000-foot cabin altitude purpose for a lot of businesses here and at 51,000 feet, to cabin size—the longest in other areas. We shouldn’t be expending the industry—the Gulfstream V provides an this kind of money—$.5 billion—over 10 around the world. In fact, the Gulf- interior environment unmatched in trans- years, on these jets. stream corporation has to be a good oceanic business travel. The transportation bill already re- corporation, for all I know, and builds Make no mistake, this is the top of ported cripples the Federal Aviation a pretty darned good airplane. That is the line in executive jets—$37 million Administration’s program to increase not our point. per plane. For $30 million less per safety and capacity. The bill cuts the Our point is—the more I have looked plane—for example, a Cessna Citation modernization program by $273 million into this the more it has become appar- Ultra at $5.4 million—we could save a from the President’s request, meaning ent to me—that all branches of the tremendous amount of money. that automation in radar systems will military have become top-heavy, not My amendment replaces this author- be delayed, at best, and perhaps will only top-heavy in terms of the com- ity to lease executive jets with the re- never happen at our civilian airports. mand structure itself but top-heavy in quest that the DOD provide some basic In addition, the Transportation Sub- the number of executive jets they have information about these aircraft. I will committee rescinded $300 million from to ferry them around from place to be happy to work with the chairman if prior year funding for FAA moderniza- place. I am beginning to wonder if he wants me to change some of that tion. these are really all that necessary. Are language. But we basically called for, What am I saying? they really for wartime use, or are in essence, a study to tell us why we On the civilian side, we are seeing they really more for just convenience? would need these planes and what America fail. We are not going to be For example—I will get more into other planes could do the job that providing the highest level of safety for this in detail later—we are told that a these planes do. our airports. But what do we do? We lot of these executive jets such as this By the way, in Defense Week, they spend this kind of money. can go 4,000 or 5,000 miles without re- called this the ‘‘Go to Meetings Plane.’’ I see my friend from Iowa is on his fueling, as necessary to get to theaters These planes are used to go to meet- feet. I am going to finish in 60 seconds. of operation around the world. But the ings. It is described that way in De- What do our veterans tell us? Our fact is, during the gulf war operations fense Week. veterans tell us that they need more very few of these were used. We have to We want to ask these questions: national cemeteries. The VA-HUD bill ask the question: Is it really for the How many of the missions require a is cut by 15 percent. benefit of generals to use for rapid top-of-the-line executive jet? I will tell you right now, I think it movement during war, or is it more for What wartime requirements make would be a wise thing if we cut these convenience in peacetime? the number of jets needed so high? leased aircraft out and looked at these As the Senator from California said, We will be glad to drop that, if the needs on the civilian side of Federal we have a lot of budget problems here chairman doesn’t like that language, aviation and if we looked at the need at the military. I, for one, have been but a GAO study looked at the gulf war to build new veterans cemeteries. It is trying to do something about getting and found very few were used in that actually reaching a crisis point. We WIC programs, as the Senator said, for theater. note the D-Day invasion. We com- our military personnel overseas. It is a What is the cost comparison if we memorate that anniversary. Yet, we blot on our national character and on lease less expensive jets? don’t do all we should in that area. our military that we have military per- Are there existing aircraft in the I think we should get real with this sonnel on food stamps. That is not fleet that can meet these mission re- budget. I commend my colleagues on right. It is not right that we have en- quirements or that can be modified to the committee. I am very fond of them. listed personnel who need the Women, meet these requirements? They do a good job. But I think this is Infants and Children Supplemental On another level, and without having one area where we could really save Feeding Program. to bring it to the Senate, I am going to some large dollars, and I think we can Last year, the Senator from Cali- personally send GAO a letter to look at do better things with those dollars. fornia and I tried to offer an amend- this as well. I yield the floor. ment here that would say at least when I think we need to step back and re- The PRESIDING OFFICER (Mr. GOR- they go overseas they get the same examine our priorities. The 106th Con- TON). The Senator from Iowa is recog- WIC Program as they got here. If I am gress is increasing defense at a fast nized. not mistaken, I think it came to the rate. There are many people who make Mr. HARKIN. Mr. President, I am grand total of right around $5 to $20 the case as to why that should be so. joining with Senator BOXER in offering million. The military said they But I think since we are increasing the this amendment to strike the provision couldn’t afford to do it, but they can defense budget while we are decreasing that allows the Pentagon to lease six of afford $40 million for six of these air- the domestic budget, it really falls on these executive aircraft. The military craft. Something is wrong when the us to make sure that what we spend is designation is C–37A. We know them as military says they can’t afford it, that necessary. Gulfstreams in the civilian world. They the Department of Agriculture has to S6672 CONGRESSIONAL RECORD — SENATE June 8, 1999 pay for it; the Defense Department works. If a senior officer in the Navy What we are doing is simply asking can’t, but they can afford a business jet needed one for something, they should for a study to see if we can accommo- such as this. That got me when I saw go to this command to get it; Marines date the needs of the generals in a that. Something has to be done about the same, Air Force—all this would be cheaper way. this. the same. The Navy/Marine should go Mr. HARKIN. The basic answer to I understand they want to lease sev- to one central structure to get the air- that is, yes—depending on the mission, eral of these Gulfstream V aircraft. I craft and have them assigned from that of course. would like to have one to go back and structure. That is how it should work. Now, if a general or a four-star want- forth to Iowa. I wouldn’t have to go It looks as though we are in the same ed to fly from here nonstop to Europe, through Chicago anymore—probably old military gamesmanship: Air Force, they couldn’t take this airplane which nonstop right to Iowa. The Senator ‘‘I got mine’’; Navy, ‘‘I got mine.’’ The only has about a 2,000-mile leg. How- from California could use one, get on Navy has Navy markings and the Air ever, I might add, it could fly to Rey- the jet right here and go to any airport Force has Air Force markings and the kjavik and refuel. It can fly to Shan- in California nonstop. Army has Army markings and never non and refuel. It will take an hour and Let me show you the interior of the the twain shall meet. a half or more; you have to land, re- aircraft: A nice, luxurious interior. I am curious as to how much money fuel, and get out of there. But it is per- Lean back, have your own personal TV we waste and how much operational fectly capable of doing that. A lot of set, a glass of wine. That is pretty nice support aircraft we waste because we businesses fly these overseas all the travel. don’t have that one effective inte- time. You just have to stop and refuel Again, I am not saying that we have grated command structure working as in one place, that is all. It even has a to strip down everything, that a gen- it should. That was the suggestion bathroom on board. eral has to ride in a harness on a side made by GAO in 1995. If nothing else Mrs. BOXER. If I may ask my friend, bucket strapped onto a C–130. That is comes out of this, I hope we might isn’t it possible to base some of these not what I am saying. There probably move ahead in some way to provide an planes in Europe, base them in dif- is a need for some of these aircraft to effective overall operational structure. ferent places, which is what they do transport these people rapidly. My I said earlier that there is a DOD Di- anyway, so it is more convenient to question has to do with the number of rective 4500.43 that requires that OSA make the switch? aircraft. aircraft inventories must be based on Mr. HARKIN. I appreciate the Sen- For example, I note that there are wartime needs. However, few OSA air- ator asking that question because I now over 300 aircraft in inventory, over craft were used in theater during the think it points up—first of all, I am not 150 jets. I can’t quite get an accurate Persian Gulf war. saying we do not need any of this; I am count. Last time I counted, there were From the GAO report: saying we do need some of these planes. 154 jets, 70 Learjets. Regarding the C–9, Actual use of OSA aircraft during the Per- I was talking with the chairman about the same as a Douglas DC–9, the Navy sian gulf war suggests that the primary role this. Let’s say a four-star officer has to has 27, the Marines have 2, and the Air of OSA is not wartime support but peacetime go from Washington to Florida to Force has 5. Gulfstreams, we have 16 support. Texas to Chicago for a series of meet- already. We have some Gulfstream IIIs Again, I quoted that from the GAO ings. He possibly cannot do it with a ci- and IVs, the predecessor to the Gulf- report of June of 1995. vilian plane. I understand that, if one stream V. They are about as nice, but Mrs. BOXER. Will the Senator yield? has to go overseas for a certain meet- Mr. HARKIN. I am delighted to yield they can’t go as far. They are a good ing and get back. There are times when for a question. airplane. We have 70 Learjets total; you cannot use civilian airplanes. But Mrs. BOXER. I know the Senator was 727s, we have 3. I am reading just the this type of a jet could be used for any a pilot in the military and I know he jets. And I didn’t realize we already kind of domestic travel in the conti- understands aircraft. have two Gulfstream Vs in our inven- Mr. HARKIN. I think I do. nental United States. You might have tory. Cessna Citation 560, which is pic- Mrs. BOXER. And I know he under- to land and refuel. That does not both- tured here, is a pretty nice jet, not stands that these jets we are talking er me a whole heck of a lot. quite as big as the Gulfstream V and about are not fighting machines; they I am saying with the Gulfstream Vs doesn’t go as far, but we have 14 of are go-to-meetings machines. that we have now—which I said we those. The old Saberliners, we have Mr. HARKIN. If I might interrupt, have two or so right now in inventory, three still in existence. We have seven these are what in common nomen- plus we have a number of Gulfstream 707s in our inventory. clature would be called executive busi- IVs and Gulfstream IIIs—let’s say a There are quite a lot of jets to be fly- ness jets, converted. For example, in general needed to get from the Pen- ing around. Again, I am wondering, military terms, they call it a C–37 but tagon to someplace overseas in a big with the inventory that we have, why it is really a Gulfstream V. hurry for something. OK, requisition do we have to lease seven more? Or are Mrs. BOXER. My friend showed a one of them and use it for that. But if we cutting back on some of the air- couple of photos of the Gulfstream and they have to go to Florida and then to craft? Again, they may serve a legiti- then a photo of the Cessna Citation. Texas and then to California and make mate purpose, but I am wondering, and Mr. HARKIN. Cessna Citation Ultra. all these meetings, use one of these I go back to a GAO report that the Sen- By the way, it is a very good plane. smaller aircraft because they are going ator referred to from 1995, ‘‘Travel by Mrs. BOXER. It is my understanding to land anyway, while they are at the Senior Officials,’’ dated June 1995. One that the Cessna Citation Ultra costs meeting, they can refuel, take off and of the their recommendations in that $5.4 million a copy, according to the go. It is a much cheaper way of oper- report was to develop the appropriate Appropriations Committee, and that ating. mechanisms to ensure the availability the cost on the Gulfstream V is about I seriously question whether we need of each service’s aircraft to help fulfill $39 million. six Gulfstream Vs for whatever purpose the OSA, operation support needs, of This is transportation for the highest they are asking—I really question other services. The third recommenda- level of military officers. My friend that—and I question whether or not tion, reassign or otherwise dispose of pointed out that we have a gap growing other versions of aircraft like this or excess OSA aircraft. here between those at the bottom of others can be used more for domestic Now, the chairman and ranking the economic ladder in the military travel. member may know better than I, but it and those at the top. We know that I have a letter to Chairman STEVENS seems to me that a lot of the services will always be the case, but it seems to dated March 8, 1999, from the Deputy have the aircraft and they just don’t go me it is exacerbated with this kind of Secretary of Defense, Mr. Hamre, and from one service to the other. It seems situation. General Ralston, U.S. Air Force. I was to me what we really need is an effec- I want to ask my friend if he believes reading it over and was struck by a tive structure in DOD that puts these that a top general could fly com- paragraph. It is an assessment of CINC business jets and other aircraft under fortably in a $5.4 million plane as op- support aircraft. This was required by one operational command that really posed to a $39 million plane? the Senate Appropriations Committee June 8, 1999 CONGRESSIONAL RECORD — SENATE S6673 report last year. I was struck by this have nine Gulfstream Vs; that is, one I remember one time when I went on paragraph which says: for each of the commanders, plus an in- a congressional trip—was I still in the This study evaluated all military and rep- ventory of other planes that include House or the Senate? I can’t remember. resentative commercial aircraft to deter- Learjets and Cessnas—does he not be- I may have been in the Senate. We mine which aircraft would both be lieve that this is going overboard in went to Central America. It was during configurable and available for CINC support terms of the priorities we should have? that war in Central America. airlift. I agree with my friend, and I ask him We flew from here to Florida, to It goes on. This is the paragraph: this question as well: We are saying MacDill, refueled, and we were in a lit- The study revealed that when CINC— that we are very willing to give the tle Lear. There were about six or seven Commanders in Chief— generals what they need, but it is a of us crammed into that thing with no requirements, combined long, unrefueled matter of whether you get the gold- bathroom. But obviously, because of range—4,200 to 6,000 nautical miles—more plated version or a very solid version, my Senate duties, I had to get down than 18 passengers and short runway capa- and isn’t that what we are really talk- there to go on a trip that could not be bilities—5,000 to 7,000 feet—a modern com- ing about? done commercially. So we went from mercial aircraft was needed. Mr. HARKIN. I think the Senator has here to MacDill, refueled, then went to I find it interesting. If you go to the put her finger on it: We are willing to Guatemala and Honduras; and then I CINCs and ask, ‘‘What are your re- give the generals what they need but think we went to El Salvador; then we quirements?’’ and they define their re- not what they want. went to Panama City, had to refuel quirements, guess what. They meet the Mrs. BOXER. Interesting. again, fly to MacDill, refuel again, and requirements of the Gulfstream V. If Mr. HARKIN. They may want to then fly home. you ask me what my requirements are travel in this kind of luxury, but I am I tell you, it was not that com- to fly around the United States, I bet I not certain we ought to just give it to fortable a flight if you are one of those can come up with a set of determinants them. There are nine CINCs. Each one in a little Lear, six or seven people that I need a Gulfstream V: I travel a now would have their own Gulfstream crammed in there. For a Senator, that lot; I go to the coast once in a while; I V. Do we know what the per-hour oper- is fine. I bet you a general or admiral am always in Iowa; sometimes I have ating cost is of a Gulfstream V? As best would never do that. But we had staff. to be in one place for a meeting and I can determine, the per-hour operating We had committee staff along with us. then another place for a meeting. I cost is over $2,000. I think it is actually I am just saying, sometimes if you would love to have a Gulfstream V. higher than that, because I do not are going to do these things, some- And I have short runways, too, some- think that takes into account deprecia- times you have to put up with that. times. tion; I think that is just fuel and other There is no way I could have done it It is not surprising that we ask the requirements. commercially, so I had to take a mili- CINCs, ‘‘What do you need?’’ and they Let’s just say it is $2,000 an hour. A tary aircraft. You do not have to go in then define their needs and come up four-star officer gets on one of those elaborate luxury every single time. with Gulfstream Vs. It seems to me we Gulfstream Vs and flies 2 hours some- That is my point. I do not think ought to have someone else defining place for a meeting and 2 hours back; there is a critical shortage of these ex- the needs rather than the commanders that is 4 hours, $8,000 just to go to a ecutive jets that should take prece- in chief, because they are the ones who meeting someplace and come back. dence over the immediate needs of our use the aircraft. That is a good use of taxpayers’ dol- military. They said: lars? Besides the sheer numbers of aircraft Based on historical CINC support aircraft I will lay you odds that 7 times out of in each of the armed services indi- usage and future requirements, and dis- 10 that four-star officer could go right cating there is no shortfall, again, I re- counting the probable need of backup air- out here to National Airport or Dulles, peat from the 1995 GAO report that said craft inventory, seven C–37A aircraft— get on an airplane, and get a first-class the armed services should ‘‘develop the that is the Gulfstream V— ticket—How much is a first-class tick- appropriate mechanisms to ensure the should minimally satisfy the existing CINC et?—fly to that meeting, and fly back availability of each service’s aircraft requirements. for less than $1,000. to help fulfill the OSA needs of the What I cannot figure out—does the I ask you: When is the last time you other services.’’ In other words, the Senator from California know?—is, ever got on a commercial aircraft in GAO concluded the armed services how many CINCs are there? Do we the United States flying anywhere and needed to learn to share. This is a sim- know how many CINCs there are? saw a general or admiral on that plane? ple concept that should be used to re- Mrs. BOXER. Nine. I cannot remember when. I see a lot of lieve any conceivable strain on the Mr. HARKIN. There are nine CINCs, lieutenants and commanders and cap- number of executive aircraft. so we are getting seven Gulfstream Vs tains, but I never see an admiral or The Pentagon counters this sensible for nine CINCs. general. Then again, why would you? solution by claiming that existing air- Mrs. BOXER. Plus all the other air- They are on their Gulfstream Vs, craft are being fully used. However, the craft that are in the inventory. jetting around. GAO also found that DOD’s operational Mr. STEVENS. Regular order, Mr. I am not saying there is never a pur- support aircraft fleet ‘‘far exceeds any President, regular order. pose—there may be—but I think this is possible wartime requirement.’’ Mr. HARKIN. I asked the Senator to just a little bit too much. There are The Defense Week article that the answer a question. I asked the Senator about 36 four-star officers in the U.S. Senator from California referred to of to respond to a question. military, I am told—about 36 four-star May 24, 1999, had some interesting The PRESIDING OFFICER. The Sen- officers—and for that, we have over 154 things in it. They said: ator from Iowa has the floor, and he jets in inventory to fly people around. In particular, the article said, ‘‘There are can only yield to the Senator from What is going on here? about 600 to 800 users in the DC area author- California for a question. In fact, I know our proposal only ized to request SAM [VIP Special Air Mis- Mr. HARKIN. I can ask a question of deals with the Gulfstreams, but if I am sion] support for missions’’ which meet pre- the Senator from California, I believe. not mistaken, the bill also provides for scribed criteria. The PRESIDING OFFICER. That re- the purchase of five additional C–35s. As I understand, that does not in- quires the Senator from Iowa to yield Mrs. BOXER. That is correct. clude Senators and Congressmen. At the floor. Mr. HARKIN. Those are the Cessnas. least that is what I am told. When I Mrs. BOXER. I ask a question of my We are already going to buy five of first read there are 600 to 800 author- friend, since that is the rule and that is these, and we are going to lease six ized users for VIP special air missions, being strictly enforced today, and I ap- more of the Gulfstream Vs. So it is not I thought that must include the 435 preciate that. Does the Senator not just the Gulfstream Vs. The Navy al- Members of the House and the 100 Sen- agree that adding six more of these ready has six Gulfstreams, the Air ators. I am told that is not so. luxury planes, which would give us a Force already has Gulfstreams, and, as I am wondering, who are these 600 to total of nine Gulfstream Vs—we would I said, 70 Learjets, C–21s. 800 people? I am wondering if some of S6674 CONGRESSIONAL RECORD — SENATE June 8, 1999 these jets are being used for less than Mrs. BOXER. Over $400 million. They are costly to maintain. It is pos- really vital needs and perhaps could be Mr. HARKIN. I think the lease is sible to have modern replacements used to meet the needs of the military going to cost over $475 million. And now. CINCs. then there are operational costs. Now The Senators would have us replace Again, quoting from the Defense you are up to $600 or $700 million over one a year. We will keep operating Week article of May 24: the next 10 years just for these air- these old dumbos at enormous cost for Brig. Gen. Arthur Lichte, the Air Force’s craft. That may be small change to the repair and replacement of engines, in- director of global-reach programs, says these Pentagon, which is used to operating stead of moving out and accepting the support aircraft are all meeting other re- with $270 billion budgets, but that is a fact that there are planes there now, quirements [all these other aircraft that we lot of money for our taxpayers. I just American-built planes, and the Depart- have in inventory] so [they] could not be do not know where the facts lie in ment estimates it will cost $750 million used by the commanders. whether or not leasing is better than to operate and maintain the current Again, I am wondering, why not? purchasing. support fleet over the next 10 years. We What are these other requirements? If We have seen very little information would reduce that cost and put our the commanders cannot use them, who as to the cost tradeoffs of leasing people immediately in more cost-effec- is using them? versus purchasing. We have not seen a tive, quiet, efficient planes. Hamre says most of these support aircraft full report from the Pentagon covering Yes, they are small compared to are too small for commanders’ staffs. Plus, all possible options to cover these the four-stars need to be able to fly non-stop what they have now. Today a com- CINCs’ needs, nor do we have much in- mander in chief takes along with him intercontinental trips while staying in con- formation as to the needs of the mili- tact with the president. up to 45 people. This will reduce that tary for all of these such aircraft. That I am not so certain about that. I am size; there is no question about that. is why our amendment requires a re- Further, we reduce the number of air- not certain that a refueling stop in port detailing the requirements and op- Shannon is all that burdensome. craft from nine to seven. They didn’t tions for such aircraft as an important mention that. This has nothing to say The article goes on to say: first step. We do not have that. Some on Capitol Hill respond that the about all those other aircraft. Quite frankly, regardless of how our I would like to have a study of the CINCs could get by with smaller staffs on amendment fares, I say to the chair- board and could live with refueling stops, but flights of these airplanes that are Hamre and Lichte don’t agree. man, and others, I plan to come back owned by the Federal Government, par- to this issue, along with my colleague ticularly those owned and flown by the I do not know why not. I know a lot from California, year after year, until of times we go on congressional fact- White House. We tried to get that and we get a clearer picture. How many couldn’t get it. We would like to find finding trips. We stop and refuel dif- flights do senior officers take with sen- ferent places. I don’t know why gen- out who flies in the State Department ior executive aircraft? We do not even airplane. We couldn’t get that. erals can’t. They can still be in con- know that. What are the costs? What Now, be my guest and go get those, tact. That does not stop your contact are the per-hour costs? What are the but these are commanders of our mili- with the White House, simply because costs for that trip? Could that trip tary who are serving as regional com- you land and refuel—not at all. have been utilized with an alternative manders of forces. I wonder if the Sen- What about the existing support fleet? such as commercial aircraft? At what ‘‘No,’’ Hamre said, ‘‘we don’t have aircraft ate knows there are forces of the Amer- cost savings? Could some of these air- that can fly from here to the Persian Gulf. I ican people in 91 different countries craft be sold off as excess aircraft if we suppose you could go on a C–12. You could is- today. We are operating at about one- better managed the total number of ex- land-hop like you did in World War II, but I third the staff we had just 5 years ago. ecutive aircraft that we have? mean that doesn’t make any sense. This big We are trying to carry out missions inventory of 500 [operational support air- For example, we know that senior of- that are almost impossible. Our reen- craft]—most of them are tiny airplanes, four- ficials and officers fly from base to listment rate of pilots is down to less passenger, six-passenger kind of airplanes.’’ base and facility to facility. They fly than one-third of what it was just a That is just not so. These are not from Andrews Air Force Base to NAS year ago. The deployment of our forces four-passenger airplanes. Jacksonville or to MacDill or to other is overwhelming. The degree of fatigue Mrs. BOXER. Isn’t it eight? air bases around the country. Could on our managers is overwhelming. Mr. HARKIN. These are eight right you utilize commercial aircraft for here. How much staff does a general that? Sometimes yes; sometimes no. I really never expected this kind of have to take with him when he goes to But we need to ensure that the DOD is argument about replacing the 707s. I do a meeting? I would like to find that looking for cheaper alternatives, in- not think anyone wants to continue to out. cluding commercial airline alter- fly on the 707s. If nothing else, they are He said, ‘‘The CINCs aren’t [even] natives. It may be slightly less conven- just old. happy they have to live with a 12 pas- ient, but it sure would be a lot less Mr. WARNER. Will the Senator yield senger aircraft.’’ costly, and it would free up existing for an observation? Again I ask, how much staff do they DOD aircraft we have now for the Mr. STEVENS. No. I am going to need to take to these meetings they go unique missions for which they say table this, follow this bill through, and to? they are needed. get it done. I can’t understand that an So, again, the Senator from Cali- I yield the floor. amendment like this would delay this fornia and I have this amendment that The PRESIDING OFFICER (Mr. AL- bill, because it is only an authorization says basically: We ought to put this LARD). The Senator from Alaska. to lease. All we have heard today, talk- lease aside. Let’s take a look at this. Mr. STEVENS. Mr. President, I am ing about the number of aircraft, is im- Let’s get a good report in. Do these somewhat surprised by the length and material. Those aircraft are out there. really meet the warmaking needs of specificity of the argument against They are not going to be affected by the Pentagon? this amendment. This amendment, on this amendment at all. Plus, I do not know where the facts page 104 of the bill, would authorize the What we are trying to do is say that lie on this one, but I will just say that, Secretary of the Air Force to obtain these commanders who stand in for the according to the New York Times, the transportation for the commanders in President as regional commanders in lease will cost the taxpayers more than chief, the regional commanders, to chief should have the state of the art of $475 million over 10 years. Purchasing lease aircraft. It does not mandate any American industry in terms of their the planes may prove cheaper. Some leasing. It authorizes leasing. transportation. That is what this is. say purchasing is going to cost more; Currently these commanders in chief, What we are doing is trying to get some say it will cost less. But we do regional commanders, are already fly- them to lease them, because if we know that for these aircraft, for the ing 707 aircraft built 30, 35 years ago. started replacing them, I have to tell cost of the aircraft, plus the operation Commercially, those airlines had 250 you, there is not money in this bill to of them over the next 10 years, it is seats. They have 45 seats on those air- allow us to buy seven new aircraft for going to come in at somewhere—— craft now. They are big. They are old. these commanders. We can give them June 8, 1999 CONGRESSIONAL RECORD — SENATE S6675 the authority to lease them and re- I took a trip this last week to Cali- Senator from Iowa and I may have a place them, and those leases can be op- fornia and down to the desert in Ari- chance to ask a question of the Senator tions to buy later. We can fill that if zona and back here on business, down from Alaska so that we can make our we want to buy the planes later. We at the border to look at some problems point again, because I think he mis- can’t do it now, but these planes they there. I will tell the Senate about that construed what we were saying. I think are flying now are expensive, and they later. There were no connections to it is important to set the record are too large. They are not what these Douglas, AZ, commercially. I thought I straight. May we have 4 minutes be- commanders need. would get down there and see that tween us to simply ask a question? A DOD report promised us a savings problem to determine whether we Mr. STEVENS. I will be pleased to of $250 million over this 10-year period ought to spend taxpayers’ money. They enter into that kind of agreement, fol- if they had this authority. It doesn’t have the same problem. How can they lowing the remarks of the Senator mandate them leasing it. It authorizes tell us what they need in these remote from Hawaii. them to lease some, buy some, lease places of the world under their com- The PRESIDING OFFICER. The Sen- with an option to buy, whatever it mand? ator from Hawaii is recognized. might be, to get the best deal possible And how can they come to meetings Mr. INOUYE. Mr. President, I have to replace these aircraft. and listen to the Commander in Chief been trying to follow this debate as Now, in terms of maintenance alone, or to the Vice Chairman of the Joint closely as possible. The explanation the this option would save us a lot of Chiefs? These planes are needed by Senator from California has given is money. I think the problem of having these people. I think one of the great that this amendment would strike pro- dedicated aircraft is something we things brought about by the Gold- visions in the bill which allow the Sec- ought to look at. water-Nichols Act was, in fact, re- retary of the Air Force to lease six The Senator says he hasn’t seen gional commanders. It gave us the kind Gulfstream V jets to transport the many four-star admirals or four-star of command and control we needed to highest ranking military officials. generals on airplanes. I see them. They maintain a very efficient military, There is nothing in Section 8106 that do not wear their uniforms on air- with fewer people, and utilizing the tal- speaks of six Gulfstream V jets, nor planes. Why should they? They would ent of some very distinguished people. does it speak of the highest ranking automatically be a target. It is not I have to tell you, the longer I am here, military officials. I have no idea where what we want anyway. These people the greater respect I have for people that came from. are known throughout the world. I who get four stars on their shoulders. What this section says is: think if anyone in the world needs pro- That is what we are talking about—the people who have come through the The Secretary of the Air Force may obtain tection, it is the commanders in chief transportation for operational support pur- of the regions. We do not provide that, services and have reached the point of poses, including transportation for combat- but we can provide them the capability ultimate command—and I mean ulti- ant Commanders in Chief, by lease of air- for security and safety as they move mate. They can make decisions in lieu craft, on such terms and conditions as the around the areas over which they have of the Commander in Chief in a time of Secretary may deem appropriate, consistent command. crisis; I am talking about in lieu of the with this section, through an operating lease Talk to the people in industry. Why President. They have the power under consistent with OMB Circular A–11. do you think the big industries are that act to act in a crisis. There is nothing about Gulfstreams. leasing fleets of cars now? Because Now, what do you want to do—let There is nothing about the highest after the end of a year or so, they turn them ride commercial planes? I chal- ranking military officials. But even if them back, get a new model—no main- lenge anybody who has been out in the we did say six Gulfstream V jets for the tenance, no replacement of parts. The Pacific and has gone from place to highest military officials, I join my vehicles are out on the civilian market place, from island to island, where we chairman in objecting to this amend- with a good value, because they have have our military, to figure out how to ment. We should keep in mind that only been used for a short while. do it commercially. Even in my State, fewer than 1 percent of the population We could do the same thing with if you want to go out to Adak, you can of these United States have stood up these aircraft if people would wake up go out and come back 2 days later. and said to the rest of the world they As a practical matter, this is trans- and use the leasing operation. We are are willing to stand in harm’s way in portation for the 21st century. If noth- not talking about leasing combat air- our defense and, if necessary, give their ing else, this Senator doesn’t want to craft; we are talking about leasing lives. Fewer than 1 percent of us have see representatives of the Nation that transportation that is vital to the re- taken that oath. The least we can do is leads the world in building aircraft to gional commanders. to give them the cutting edge, and this be traveling in 1960 airplanes in the Again, our section only deals with is the cutting edge that is necessary to years 2001, 2002, and 2003. That is what transportation for the regional com- differentiate between defeat and vic- we are talking about. There is a lot manders, not for all the 684 people. If tory. here in terms of advertising America to you want to know who they are, they So, Mr. President, I will support a the world. I want these people to be are people in the State Department. We motion to table this amendment. flying in the best we have, because will be glad to give you a list. State Mr. STEVENS. Mr. President, let me they are demonstrating this country’s again say what we are trying to do. We Department, commanders of bases ability to maintain its position in the believe under this amendment, by giv- overseas, they are eligible for flight on world. ing the authority to lease aircraft, we these aircraft. I cannot believe there would be this But above all, I am sort of taken kind of dialog about giving the author- will be able to get at least six aircraft aback by the fact that we are giving ity to use a system that American in less than 2 years to replace these the Department of Defense the right to business has now used very efficiently aircraft that are now well over 30, 40 think about taxpayers’ money as they for 40 years—the leasing of equipment years old. We believe the savings in re- provide this vital transportation link as opposed to buying it. I hope to God tiring these aging, expensive-to-main- for these regional commanders. they use this authority and save us tain 707 aircraft will be cost effective. This saves money. The study shows some money and put our people in safe, But what is more, this move will be they save money. Before they can com- modern, efficient transportation. very good for the Department, because plete the lease, they have to come back Does the Senator want to speak be- by pooling these aircraft they will be and get the money to lease. There is no fore I make a motion to table? able to use them efficiently. Nobody money in this bill to lease. As a prac- Mr. INOUYE. For just 2 minutes. will have a dedicated aircraft that is tical matter, I really don’t understand. Mr. STEVENS. I yield to the Senator underutilized. They will be able to be Here we are trying to save money. We from Hawaii for 2 minutes. used by others when not being utilized are trying to replace these antiquated Mr. INOUYE. Mr. President, most re- under this plan. airplanes. These places these people go, spectfully, I have been trying to—— We adopted a similar plan last year most of them have no commercial con- Mrs. BOXER. Reserving the right to at my suggestion, and that is when we nections. They just do not. object—and I will not—I wonder if the were going to have aircraft for FEMA, S6676 CONGRESSIONAL RECORD — SENATE June 8, 1999 CIA, and the FBI. We formed a special bill, and that was knocked out because That is why we need to just step unit, and they have pooled the aircraft it wasn’t an emergency. Now they have back, take a deep breath, and have and they are available to them. They come back on the regular appropria- them to report back. One year is not will have them available for one or all tions bill. going to be a big loss to them, if they of them, depending on the needs of the So all our amendment is saying, fine, have to wait one year. people involved. This is a cost-effective leasing may be the best way to pro- I yield the floor. utilization of air transportation to ceed, but we haven’t gotten to that The PRESIDING OFFICER. The Sen- meet the needs of our National Govern- point yet. Do we even need these air- ator from California. ment. I hope we can defeat this amend- craft? We haven’t gotten to that point Mrs. BOXER. Mr. President, I thank ment. yet. I make the point that I am not the Senator from Iowa for the time I am going to make a motion to certain we need this. Let’s take it one that he has spent on working on this table. I will be happy to consider time step at a time and see if these are real- amendment with me and for his experi- for the Senators to speak. They have ly operational requirements. ence. His being in the military, I think, spoken almost an hour and a half. I The Senator also said that it would brings tremendous credibility to this will honor their suggestion if they be costly; we have these old aircraft in discussion. want some time before I make that mo- inventory we have to repair and keep I thank the Senator from Alaska and tion. them up and put new engines in them the Senator from Hawaii for their pa- Mr. HARKIN. I would be glad to do 10 and all that stuff. It is sort of like my tience. I know that this is an amend- minutes and wrap it up. old car. I have an old car, and it needs ment that they do not agree with. I Mrs. BOXER. I would like to com- a new engine. I can put a new engine in know they are not thrilled that we plete it with 3 minutes. that car, and it is going to cost me have offered it, but they have shown Mr. STEVENS. Mr. President, I ask about $1,300. The car runs fine. In fact, great respect and have given us the unanimous consent that the Senator it is a pretty darned nice car. It is just time that we need to explain it. from Iowa have not more than 10 min- a little old and has a lot of miles on it. I ask unanimous consent to have utes and the Senator from California If I go out and buy a new car, it will printed in the RECORD a list of the not more than 5 minutes and I be rec- cost me about $20,000. I ask you, which more than 300 planes in the inventory. ognized again to make a motion to is the better alternative, if I am look- These are aircraft available for mili- table. ing at it costwise? It is a lot cheaper tary administrative travel. I ask unan- The PRESIDING OFFICER. Without for me to put a new engine in that old imous consent to have that printed in objection, it is so ordered. The Senator car. the RECORD. from Iowa. These are 30-year-old, well-main- There being no objection, the mate- Mr. HARKIN. Mr. President, the Sen- tained aircraft. They are the best rial was ordered to be printed in the ator from Alaska has made a good maintained aircraft in the world. They RECORD, as follows: point that the military should consider go through their periodic inspections, MILITARY PLANES—CIVILIAN EQUIVALENT leasing and not consider purchasing. their 100-hour inspections, their annual NAMES AND SPECS That is what our amendment does. inspections, and they have all kinds of C–9—military equivalent of McDonnell Doug- Read our amendment. It says: new engines on them and everything. It las DC–9—twin-engine, T-tailed, medium- range, swept-wing jet aircraft. Used pri- Not later than March 1, 2000, the Secretary is much cheaper to keep those flying, to repair them, and to keep them up marily for aeromedical evacuation mis- of Defense shall submit to Congress a report sions. on the inventory and status of operational than it is to go out and pay $40 million Capacity: 40 litter patients, 40 ambulatory support aircraft, Commander-in-Chief sup- for one of these, I can assure you. and four litter patients, or various combina- port aircraft, and command support aircraft Second, my last point: The chairman tions. of the Department of Defense. The report says that this will not affect the num- Number in the military: Total=34—Navy, shall include a detailed discussion of the re- ber of aircraft that we have out there 27; Marines, 2; Air Force, 5. quirements for such aircraft, the foreseeable now. I beg to differ. It will affect the C–12 Huron—Beech Aircraft King Air, a twin future requirements for such aircraft, the turboprop passenger and cargo aircraft. cost of leasing such aircraft, commercial al- number of aircraft we have out there Built: Wichita, KS—Beech Aircraft Corp. ternatives to use of such aircraft, the cost of now, because if in fact the amendment (Raytheon). maintaining the aircraft, the capability and of the Senator from California and my- Capacity: up to 8 passengers. appropriateness of the aircraft to fulfill mis- self is adopted, it is going to require Number in the military Total=178—Army, sion requirements, and the relevancy of the them to take a really hard look at 104; Navy, 51; Marines, 18; Air Force, 5. missions of the aircraft to warfighting re- what they have in their inventory, at quirements. C–20 series—Gulfstream Aerospace Gulf- what their needs are, and at how they stream Series, these are jets. That is exactly what our amendment can better utilize them. That may af- Built: Savannah, GA—Gulfstream Aero- does. But we want to know, should we fect the other aircraft out there. We space Corp. even lease them? may be able to meet the mission re- Capacity: maximum of 19. Mr. STEVENS. I have one question. quirements of the CINCs with all of the Number in the military: Total=16—Navy, 6; The first sentence says to strike the Gulfstreams, the Learjets, the Citation Marines, 1; Air Force, 9. provision on page 104. jets, the 707s, the 757s, the 727s, and the C–20A—Gulfstream III. Mr. HARKIN. Strike the DC–9s that we have out there if they C–20B—Gulfstream III. C–20H—Gulfstream IV. provision—— are better utilized. That is the missing Mr. STEVENS. To lease for another ingredient. We don’t have that kind of C–21—Learjet Series, cargo and passenger year. plane with turbofan jet engines. an accounting. That is what our Built: Wichita, KS—Learjet Corporation. Mr. HARKIN. It strikes the provision amendment calls for. Capacity: 8 passengers. which allows the Department of De- If it turns out that they really need Number in the military: Total=70—Air partment to go ahead and lease. It these aircraft to meet the warmaking Force, 70. says: Let’s do a study before next capabilities, and it proves that it is C–22B—Boeing 727–100, primary medium- March 1. What are our requirements? cheaper to do it this way than to repair range aircraft used by the Air National What are our alternatives? And let’s and fix up the older aircraft—if that Guard and National Guard Bureau to air- examine the leasing versus the pur- can be shown—I will be first in line to lift personnel. chasing. We don’t even have that docu- vote to make sure they get the air- Number in the military: Total=3—Air Na- tional Guard, 3. mentation yet. craft. So I don’t think there is such a need But I am telling you, this Senator C–23—an all-freight version of the Shorts 330 regional airliner. that we have to rush ahead and allow does not have adequate information Built: Northern Ireland, UK—Short Broth- them to go ahead and enter these long- right now to vote to spend probably up- ers plc. term leasing agreements before March wards of $600 million to $700 million Number in the military: Total=32—Army, 1 of next year. There is not that re- over the next 10 years to lease these 32. quirement there. They tried to put this Gulfstream Vs and operate them for C–26—Fairchild Merlin/Metro, operated ex- into the supplemental appropriations that period of time. clusively by the Air and Army National June 8, 1999 CONGRESSIONAL RECORD — SENATE S6677 Guard, it is a propeller plane with quick course—I know the Senator from Iowa services’ readiness crisis. It is about change passenger, medivac, and cargo in- agrees—we want to have certain planes the men and women whose lives are on teriors. set aside for the convenience and use of the line in operations around the Built: San Antonio, TX—Fairchild Aircraft our top brass. That is not the question world. There is no question, Mr. Presi- Corp. Number in the military: Total=10—Army, here. There are 300 planes in the mili- dent, that we must provide them with 10. tary that they can use now. In this the necessary resources to defend C–32A—Boeing 757–200, equipped with two very bill, we are purchasing more of themselves and the United States. wing-mounted Pratt & Whitney 2040 en- the Cessna Citation Ultras, which are Just last year, there was a virtual gines. beautiful planes that the Senator from consensus that the armed services were Capacity: 45 passengers and 16 crew. Iowa has spoken about, to carry them facing a readiness crisis. Last Sep- Number in the military: Total=4; Air around in luxury. Yes. They may have tember, the Joint Chiefs testified that Force, 4. to stop to refuel, but they can keep in there was a dangerous readiness short- C–37A—Gulfstream V. contact with the President of the fall. General Henry Shelton, Chairman Capacity: up to 12 passengers. United States. I have traveled with of the Joint Chiefs, claimed that Number in the military: Total=2—Air very impressive delegations where we ‘‘without relief, we will see a continu- Force, 2. have had to stop in the middle of very ation of the downward trends in readi- C–38A—IAI Astra SPX, primarily for oper- tenuous circumstances. ness . . . and shortfalls in critical ational support and distinguished visitor Mr. HARKIN. If the Senator will skills.’’ Army Chief of Staff General transport and can be configured for med- ical evacuation and general cargo duties. yield, as an old military pilot myself, I Dennis Reimer stated that the military Capacity: 11 passengers and crew. must say that if the generals want to faces a ‘‘hollow force’’ without in- Number in the military: Total=2—Air get someplace in a real hurry—it may creased readiness spending. Chief of Force, 2. be necessary—and if it is part of our Naval Operations Admiral Jay Johnson C–137C—Boeing 707–300, provides transpor- warmaking capabilities, they can get asserted that the Navy has a $6 billion tation for the vice president, cabinet and in the back seat of an F–16, get inflight readiness deficit. So it went for all the congressional members, and other high- fueling, and they can be there a lot services. ranking U.S. and foreign officials. It also faster than any commercial aircraft or To address the readiness shortfall, serves as a backup for Air Force One. a Gulfstream or anything else. That is the Congress passed on emergency sup- Capacity: 40–50 passengers. plemental appropriations bill. The bill Number in the military: Total=2—Air the fastest way to get there. Force, 2. Mrs. BOXER. I reclaim my time. I was well-intentioned in its support for have a brief amount of time left. the efforts of our men and women in UC–35—Cessna Citation 560 Ultra V twin, me- dium range executive and priority cargo This isn’t about hurting anyone in uniform. Unfortunately, something jet aircraft. the military. My goodness. No one happened on the way to the front lines. Capacity: up to 8 passengers. could respect the military more than The bill spent close to $9 billion, but Number in the military: Total=14—Army, the Senator from Iowa. I have to say just $1 billion of it went to address the 14. that is not what this amendment is readiness shortfall. CT–39G—Rockwell International, twin-jet about. This amendment is about a very We added $1 billion for ballistic mis- engine, pressurized, fixed wing, mono- hard-nosed money question. Can we sile defense. The Ballistic Missile De- plane. move these generals around in style fense Organization still has not spent Capacity: 8 passengers. but not in the Gulfstream version? Can all that money, yet we have added an- Number in the military: Total=3—Marines, we look to see what the best way to go other $3.5 billion for the BMDO in this 3. is—leasing or purchasing? Then maybe bill. Last year’s supplemental also VC–25—Boeing 757–200. we can save some money that we need added billions to what has become an Capacity: 102. Number in the Military: Total=2. desperately. expected emergency, that being our op- C–135—Boeing 707, jet airliner that has per- Our veterans need veterans ceme- erations in Bosnia. That other unex- formed numerous transport and special- teries. They are being told that they pected emergency, the year 2000, re- duty functions. have to have a 15-percent cut in the VA ceived a billion dollars. And so it went. Number in the military: Total=5—Air allocation. This includes VA hospitals. What happened to readiness? Force, 5. We could go on. We have military peo- It is with wonderment that the ap- Mrs. BOXER. Mr. President, if we go ple. You want to talk about the mili- propriations bill before us today would through this list, you will see all of tary who have to go on food stamps or spend upwards of $40 million in the them: The C–20 series, the C–12 series, the WIC Program. The Senator from next fiscal year, and perhaps as much the C–21 series, the C–22B series, and it Iowa has led that charge. Maybe that is as half a billion dollars over the next goes on and on with over 300 planes. why we feel so strongly about this, ten years on luxury jets for four-star I thank Senator HARKIN’s staff for that it is a matter of priorities. Re- generals. Am I missing something or is their work in putting that together. spect for the generals? Absolutely. Re- this absurd? We actually have troops I want to make a point. We have an spect for the enlisted people? Abso- that qualify for food stamps and DOD argument on the floor of the Senate. It lutely. Let’s do the right thing. can justify spending tens of millions of is a very fair argument. One side says All we are saying is a year’s pause, dollars next year for luxury jets. it is cheaper to lease these have a good study done, come back to- This bill will allow the Air Force to Gulfstreams, and others say that it gether, see what the study shows, and lease executive business Gulfstream V may well be cheaper to buy them—for- then make the decision that is based jets for the military’s unified and re- getting about the fact that some of us more on fact than fiction. gional commanders in chief. This bill think we don’t need them at all. This is Yes. The New York Times did a also spends $27 million for five UC–35 almost $1⁄2 billion over 10 years at a study. They said it is costing about corporate aircraft that the Pentagon time when we are cutting virtually ev- $140 million more to go the leasing did not even ask for this year. How can erything else but the military right route. Let’s see if they are right. this be? now. I thank the Chair. I yield the floor. According to John Hamre, the assist- Let’s face it. The FAA is almost Mr. FEINGOLD. Mr. President, I rise ant secretary of defense, DOD has an being crippled with $300 million in re- today to stand in strong support for inventory of almost 500 operational scinded funds to make our civilian this amendment. This straightforward support airlift, or OSA, aircraft, in- skies safer. This is serious. This isn’t a amendment to strike tens of million of cluding 70 Learjets. The Army owns 160 small piece of change. dollars for luxury aircraft for military OSA aircraft, the Air Force 111 OSA If, as my friend says, the study comes commanders, brought to the floor by aircraft, the Navy 89 OSA aircraft; and back and shows we save money by buy- Senators BOXER and HARKIN is about the Marines 24. The General Account- ing these things, we will take a look at our men and women in uniform. ing Office found that DOD’s oper- that. It is about the men and women that ational support fleet ‘‘far exceeded any I agree with the Senator from Alas- we have heard so much about over the possible wartime requirement.’’ Yet, ka. I think there are times when of past years, the central players in the the Air Force and certain members of S6678 CONGRESSIONAL RECORD — SENATE June 8, 1999 Congress believe this to be a high mili- that has been pioneered and developed Kohl Robb Torricelli Lautenberg Rockefeller Wellstone tary priority. by American industry and even States Levin Santorum Wyden Mr. President, I would like my col- and cities. They lease their aircraft. Lincoln Sarbanes leagues to close their eyes for a few They lease their fleets of cars. It is Mikulski Schumer minutes while I describe the jet that cost effective. We are giving them the NOT VOTING—3 has become such a military priority. I authority to do this. We are not man- Biden Crapo McCain take this directly from Gulfstream’s dating them to do it by the provision of website: the bill. The motion was agreed to. Mr. STEVENS addressed the Chair. From the 100 percent fresh air control sys- But if people want this substitute The PRESIDING OFFICER. The Sen- tem, to the comfortably maintained 6,000 amendment—the Senator from Cali- ator from Alaska. foot cabin altitude at 51,000 feet, to cabin fornia would require a study for more size—a generous 1,669-cubic-feet and the Mr. STEVENS. Mr. President, I want than a year—we would be back here longest in the industry—the Gulfstream V to state to the Senate what we are again. provides an interior environment unmatched going to do here. We have resolved, I But we faced this. People forget. In in transoceanic business travel. The jet also tell the Senate, all outstanding issues offers a substantial outfitting allowance of the current year appropriations bill, we now. I will offer here a package for my- 6,700 pounds—more than 12 percent greater required an assessment of consolidated self and the distinguished Senator from than any other business aircraft current or CINC support aircraft. It was required Hawaii and a series of colloquies, and planned—which affords owners and operators to be submitted, and it was submitted the freedom to select furnishings and equip- then we will have final passage on the by March 1. Here it is. It led to this ment with minimum tradeoffs. Space-age ti- bill. tanium mufflers and vibration isolators provision. We have had a year. We had All of the remaining amendments— eliminate hydraulic system noise. Plentiful the study. They have told us what they some that we thought would be con- insulation in the side panels reduces sound need. troversial—have now been resolved. I further, and we’ve even reengineered I hope the Senate will support the Gulfstream’s trademark expansive, oval win- do thank the Senators for their co- need as outlined, but the needs can be operation. I am waiting for just one dows to lessen noise levels. The total effect met by exercising the authority. We is library-like science conducive to a produc- item. are not mandating anything in this tive trip. AMENDMENT NO. 578 bill. Now I ask my colleagues to open Mr. STEVENS. Mr. President, I call I move to table the amendment, and their eyes and face reality. Supporting up amendment No. 578, the Roberts I ask for the yeas and nays. the Defense Department’s misguided amendment. spending priorities is not synonymous The PRESIDING OFFICER. Is there a sufficient second? AMENDMENT NO. 602 TO AMENDMENT NO. 578 with supporting the military. I urge (Purpose: To provide for the suspension of my colleagues to look themselves in There is a sufficient second. The yeas and nays were ordered. certain sanctions against India and Paki- the mirror and credibly ask themselves stan) The PRESIDING OFFICER. The if they can support corporate jets for Mr. STEVENS. I send an amendment question is on agreeing to the motion generals while front-line troops muddle to the desk for Senator BROWNBACK and to table amendment No. 541. On this by on food stamps. Which is the higher ask unanimous consent it be consid- question, the yeas and nays have been priority? ered an amendment to this amend- ordered, and the clerk will call the roll. I cannot vote to increase the defense ment. budget by tens of billions of dollars, in- The legislative clerk called the roll. The PRESIDING OFFICER. Without cluding tens of millions for corporate Mr. NICKLES. I announce that the objection, it is so ordered. The clerk jets, which the budgets for veterans’ Senator from Idaho (Mr. CRAPO) and will report. health care, education, agriculture and the Senator from Arizona (Mr. MCCAIN) The legislative clerk read as follows: other programs are facing deep cuts. are necessarily absent. The Senator from Alaska [Mr. STEVENS] Throwing good money after bad is Mr. REID. I announce that the Sen- not tolerated at other Departments for Mr. BROWNBACK, proposes an amendment ator from Delaware (Mr. BIDEN) is ab- numbered 602 to amendment No. 578. and agencies. Why is it tolerated with sent due to a death in the family. The amendment is as follows: DOD? Defense Week reported just yes- The PRESIDING OFFICER. Are there terday that the Navy has lost track of In lieu of the matter proposed to be in- any other Senators in the Chamber serted by the amendment, insert the fol- almost 1 billion dollars’ worth of am- who desire to vote? lowing: munition, arms and explosives. Addi- The result was announced—yeas 66, TITLE—-SUSPENSION OF CERTAIN SANC- tionally, DOD has yet to pass an audit. nays 31, as follows: TIONS AGAINST INDIA AND PAKISTAN A 1998 GAO audit couldn’t match more [Rollcall Vote No. 157 Leg.] SEC. l1. SUSPENSION OF SANCTIONS. than $22 billion in DOD expenditures YEAS—66 (a) IN GENERAL.—Effective for the period of with obligations; it could not find over five years commencing on the date of enact- $9 billion in inventory; and it docu- Akaka Frist Mack Ashcroft Gorton McConnell ment of this Act, the sanctions contained in mented millions in overpayments to Bennett Gramm Moynihan the following provisions of law shall not contractors. GAO concluded that ‘‘no Bond Gregg Murkowski apply to India and Pakistan with respect to major part of DOD has been able to Breaux Hagel Murray any grounds for the imposition of sanctions pass the test of an independent audit.’’ Brownback Hatch Nickles under those provisions arising prior to that Mr. President, we need some account- Bryan Helms Reed date: Bunning Hollings Reid (1) Section 101 of the Arms Export Control ability in the Defense Department. Burns Hutchinson Roberts Voting for the Boxer-Harkin amend- Campbell Hutchison Roth Act (22 U.S.C. 2799aa). ment shows that the Senate supports Chafee Inhofe Sessions (2) Section 102 of the Arms Export Control Cleland Inouye Shelby Act (22 U.S.C. 2799aa–1) other than sub- our men and women in uniform. Cochran Jeffords Smith (NH) section (b)(2)(B), (C), or (G). I yield the floor. Collins Kennedy Smith (OR) (3) Section 2(b)(4) of the Export Import The PRESIDING OFFICER. The Sen- Coverdell Kerrey Snowe Bank Act of 1945 (12 U.S.C. 635(b)(4)). Craig Kerry Specter ator from Alaska. (b) SPECIAL RULE FOR COMMERCIAL EXPORTS Mr. STEVENS. Mr. President, I think DeWine Kyl Stevens Dodd Landrieu Thomas OF DUAL-USE ARTICLES AND TECHNOLOGY.— it would be interesting for the Senator Domenici Leahy Thompson The sanction contained in section to know that the plane of our com- Dorgan Lieberman Thurmond 102(b)(2)(G) of the Arms Export Control Act mander in Europe, General Clark, who Enzi Lott Voinovich (22 U.S.C. 2799aa–1(b)(2)(G)) shall not apply to we all see on the news—and we have Fitzgerald Lugar Warner India or Pakistan with respect to any met with him respectively, and our NAYS—31 grounds for the imposition of that sanction arising prior to the date of enactment of this committee has twice—the C–9A, cannot Abraham Byrd Feinstein Act if imposition of the sanction (but for land at half of the airfields in Europe Allard Conrad Graham Baucus Daschle Grams this paragraph) would deny any license for because of environmental restrictions. Bayh Durbin Grassley the export of any dual-use article, or related I don’t understand why we can’t Bingaman Edwards Harkin dual-use technology (including software), move to make available the process Boxer Feingold Johnson listed on the Commerce Control List of the June 8, 1999 CONGRESSIONAL RECORD — SENATE S6679 Export Administration Regulations that (2) The India-Pakistan Relief Act (title IX 551. The amendment is acceptable to would not contribute directly to missile de- of the Agriculture, Rural Development, Food both sides. I ask for a voice vote. velopment or to a nuclear weapons program. and Drug Administration, and Related Agen- The PRESIDING OFFICER (Mr. For purposes of this subsection, an article or cies Appropriations Act, 1999, as contained in BROWNBACK). The question is on agree- technology that is not primarily used for section 101(a) of Public Law 105–277). ing to the amendment. missile development or nuclear weapons pro- SEC. l3. APPROPRIATE CONGRESSIONAL COM- grams. MITTEES DEFINED. The amendment (No. 551) was agreed (c) NATIONAL SECURITY INTERESTS WAIVER In this title, the term ‘‘appropriate con- to. OF SANCTIONS.— gressional committees’’ means the Com- Mr. STEVENS. I move to reconsider (1) IN GENERAL.—The restriction on assist- mittee on Foreign Relations of the Senate the vote. ance in section 102(b)(2)(B), (C), or (G) of the and the Committee on International Rela- Mr. INOUYE. I move to lay that mo- Arms Export Control Act shall not apply if tions of the House of Representatives. tion on the table. the President determines, and so certifies to Mr. STEVENS. These amendments The motion to lay on the table was Congress, that the application of the restric- pertain to the Pakistan issue that has agreed to. tion would not be in the national security in- been discussed. They have been cleared AMENDMENTS NOS. 575, 580, 586, AND 590, AS terests of the United States. on both sides. I ask unanimous consent MODIFIED (2) SENSE OF THE SENATE.—It is the sense of Mr. STEVENS. Mr. President, I send the Senate that— the amendment to the amendment be (A) no waiver under paragraph (1) should agreed to. to the desk modifications to four be invoked for section 102(b)(2)(B) or (C) of The PRESIDING OFFICER. Is there amendments. These are modifications the Arms Export Control Act with respect to objection? to amendments currently pending on any party that initiates or supports activi- Without objection, it is so ordered. the list. I ask unanimous consent that ties that jeopardize peace and security in The amendment (No. 602) was agreed these amendments be modified and Jammu and Kashmir; to. that the amendments be agreed to en (B) the broad application of export controls Mr. STEVENS. I ask unanimous con- bloc. to nearly 300 Indian and Pakistani entities is sent the underlying amendment itself, The PRESIDING OFFICER. Is there inconsistent with the specific national secu- as amended, be agreed to. rity interest of the United States and that objection? this control list requires refinement. The PRESIDING OFFICER. Without Without objection, it is so ordered. (C) export controls should be applied only objection, the amendment, as amended, The amendments are modified and to those Indian and Pakistani entities that is agreed to. agreed to. make direct and material contributions to The amendment (No. 578), as amend- The amendments (Nos. 575, 580, 586, weapons of mass destruction and missile pro- ed, was agreed to. and 590) were modified and agreed to, grams and only to those items that can con- Mr. STEVENS. I move to reconsider as follows: tribute such programs. the vote. AMENDMENT NO. 575, AS MODIFIED (d) REPORTING REQUIREMENT.—Not later Mr. INOUYE. I move to lay that mo- At the appropriate place in the bill, insert than 60 days after the date of enactment of tion on the table. the following: this Act, the President shall submit a report The motion to lay on the table was SEC. 8109. Of the funds appropriated in title to the appropriate congressional committees agreed to. IV under the heading ‘‘RESEARCH, DEVELOP- listing those Indian and Pakistani entities MENT, TEST, AND EVALUATION, ARMY’’, up to whose activities contribute directly and ma- AMENDMENT NO. 547 Mr. STEVENS. Mr. President, I call $4,000,000 may be made available for the Ad- terially to missile programs or weapons of vanced Helmet System Program. mass destruction programs. up amendment No. 547. (e) CONGRESSIONAL NOTIFICATION.—A li- AMENDMENT NO. 603 TO AMENDMENT NO. 547 AMENDMENT NO. 580, AS MODIFIED cense for the export of a defense article, de- Mr. STEVENS. I offer an amendment At the end of the general provisions, add fense service, or technology is subject to the on behalf of Senator BIDEN to that the following: same requirements as are applicable to the amendment and ask unanimous con- SEC. 8109. (a) Congress makes the following export of items described in section 36(c) of sent it be considered. findings: the Arms Export Control Act (22 U.S.C. (1) Congress recognizes and supports, as 2776(c)), including the transmittal of infor- The PRESIDING OFFICER. Without objection, it is so ordered. The clerk being fundamental to the national defense, mation and the application of congressional the ability of the Armed Forces to test weap- review procedures described in that section. will report. ons and weapon systems thoroughly, and to (f) RENEWAL OF SUSPENSION.—Upon the ex- The legislative clerk read as follows: train members of the Armed Forces in the piration of the initial five-year period of sus- The Senator from Alaska [Mr. STEVENS], use of weapons and weapon systems before pension of the sanctions contained in para- for Mr. BIDEN, proposes an amendment num- the forces enter hostile military engage- graph (1) or (2) of subsection (a), the Presi- bered 603 to amendment No. 547. ments. dent may renew the suspension with respect The amendment is as follows: (2) It is the policy of the United States to India, Pakistan, or both for additional pe- In amendment No. 547, on page 1, line 5, that the Armed Forces at all times exercise riods of five years each if, not less than 30 strike ‘‘shall’’ and insert ‘‘nay.’’ the utmost degree of caution in the training days prior to each renewal of suspension, the Mr. STEVENS. I ask unanimous con- with weapons and weapon systems in order President certifies to the appropriate con- to avoid endangering civilian populations gressional committees that it is in the na- sent the amendment to the amendment and the environment. tional interest of the United States to do so. be agreed to. (3) In the adherence to these policies, it is (g) RESTRICTION.—The authority of sub- The PRESIDING OFFICER. Without essential to the public safety that the Armed section (a) may not be used to provide assist- objection, the second-degree amend- Forces not test weapons or weapon systems, ance under chapter 4 of part II of the Foreign ment is agreed to. or engage in training exercises with live am- Assistance Act of 1961 (22 U.S.C. 2346 et seq.; The amendment (No. 603) was agreed munition, in close proximity to civilian pop- relating to economic support fund assist- to. ulations unless there is no reasonable alter- ance) except for— native available. (1) assistance that supports the activities Mr. STEVENS. I ask unanimous con- sent the underlying amendment itself, (b) It is the sense of Congress that— of nongovernmental organizations; (1) there should be a thorough investiga- (2) assistance that supports democracy or as amended, be agreed to. tion of the circumstances that led to the ac- the establishment of democratic institu- The PRESIDING OFFICER. Without cidental death of a civilian employee of the tions; or objection, the amendment, as amended, Navy installation in Vieques, Puerto Rico, (3) humanitarian assistance. is agreed to. and the wounding of four other civilians dur- (h) STATUTORY CONSTRUCTION.—Nothing in The amendment (No. 547), as amend- ing a live-ammunition weapons test at this Act prohibits the imposition of sanc- ed, was agreed to. Vieques, including a reexamination of the tions by the President under any provision of Mr. STEVENS. I move to reconsider adequacy of the measures that are in place law specified in subsection (a) or (b) by rea- the vote. to protect the civilian population during son of any grounds for the imposition of Mr. INOUYE. I move to lay that mo- such training; sanctions under that provision of law arising (2) the Secretary of Defense should not au- on or after the date of enactment of this Act. tion on the table. The motion to lay on the table was thorize the Navy to resume live ammunition SEC. l2. REPEALS. agreed to. training on the Island of Vieques, Puerto The following provisions of law are re- Rico, unless and until he has advised the pealed: AMENDMENT NO. 551 Congressional Defense Committees of the (1) Section 620E(e) of the Foreign Assist- Mr. STEVENS. Mr. President, I call Senate and the House of Representatives ance Act of 1961 (22 U.S.C. 2375(e)). up Senator NICKLES’ amendment No. that— S6680 CONGRESSIONAL RECORD — SENATE June 8, 1999 (A) there is not available an alternative (ii) depositing the receipts of the competi- The amendments (Nos. 576 and 585) training site with no civilian population lo- tive bidding process; were agreed to. cated in close proximity; (B) set forth each significant milestone in Mr. STEVENS. I move to reconsider (B) the national security of the United the rulemaking process with respect to the the vote. States requires that the training be carried competitive bidding process; out; (C) include an explanation of the effect of Mr. INOUYE. I move to lay that mo- (C) measures to provide the utmost level of each requirement in subsection (a) on the tion on the table. safety to the civilian population are to be in schedule for the competitive bidding process The motion to lay on the table was place and maintained throughout the train- and any post-bidding activities (including agreed to. ing; and the deposit of receipts) when compared with Mr. STEVENS. Mr. President, there (D) training with ammunition containing the schedule for the competitive bidding and is just one remaining item. radioactive materials that could cause envi- any post-bidding activities (including the de- AMENDMENT NO. 574 ronmental degradation should not be author- posit of receipts) that would otherwise have ized. occurred under section 337(b)(2) of the Com- Mr. STEVENS. Mr. President, I call (3) in addition to advising committees of munications Act of 1934 (47 U.S.C. 337(b)(2)) if up Senator HUTCHISON’s amendment Congress of the findings as described in para- not for the enactment of subsection (a); No. 574, and I ask unanimous consent graph (2), the Secretary of Defense should (D) set forth for each spectrum auction that the amendment be agreed to. advise the Governor of Puerto Rico of those held by the Federal Communications Com- The PRESIDING OFFICER. Without findings and, if the Secretary of Defense de- mission since 1993 information on— objection, the amendment is agreed to. cides to resume live-ammunition weapons (i) the time required for each stage of prep- The amendment (No. 574) was agreed training on the Island of Vieques, consult aration for the auction; to. with the Governor on a regular basis regard- (ii) the date of the commencement and of ing the measures being taken from time to the completion of the auction; Mr. STEVENS. Mr. President, I move time to protect civilians from harm from the (iii) the time which elapsed between the to reconsider the vote. training. date of the completion of the auction and the Mr. INOUYE. I move to lay that mo- date of the first deposit of receipts from the tion on the table. AMENDMENT NO. 586, AS MODIFIED auction in the Treasury; and The motion to table was agreed to. At the appropriate place in the bill, insert: (iv) the dates of all subsequent deposits of AMENDMENT NO. 582 SEC. . Of the funds appropriated in Title receipts from the auction in the Treasury; IV for Research, Development, Test and and Mr. STEVENS. Mr. President, I call Evaluation Army, up to $10,000,000 may be (E) include an assessment of how the up Senator KENNEDY’s amendment No. utilized for Army Space Control Technology. stages of the competitive bidding process re- 582. quired by subsection (a), including prepara- I ask unanimous consent that Sen- AMENDMENT NO. 590, AS MODIFIED tion, commencement and completion, and ator LOTT’s name be added as a cospon- At the end of the general provisions, add deposit of receipts, will differ from similar sor of the amendment. the following: stages in the auctions referred to in subpara- The PRESIDING OFFICER. Without SEC. 8109. (a) Of the funds appropriated in graph (D). objection, it is so ordered. title II under the heading ‘‘OPERATION AND (2) Not later than October 5, 2000, the Di- Mr. STEVENS. I ask unanimous con- MAINTENANCE, AIR FORCE’’ (other than the rector of the Office of Management and funds appropriated for space launch facili- Budget and the Federal Communications sent that the amendment be agreed to. ties), up to $7,300,000 may be available, in ad- Commission shall each submit to the appro- The PRESIDING OFFICER. Without dition to other funds appropriated under priate congressional committees the report objection, the amendment is agreed to. that heading for space launch facilities, for a which shall— The amendment (No. 582) was agreed second team of personnel for space launch fa- (A) describe the course of the competitive to. cilities for range reconfiguration to accom- bidding process required by subsection (a) Mr. STEVENS. Mr. President, I move modate launch schedules. through September 30, 2000, including the to reconsider the vote. (b) The funds set aside under subsection (a) amount of any receipts from the competitive may not be obligated for any purpose other bidding process deposited in the Treasury as Mr. INOUYE. I move to lay that mo- than the purpose specified in subsection (a). of September 30, 2000; and tion on the table. Mr. STEVENS. I move to reconsider (B) if the course of the competitive bidding The motion to lay on the table was the vote. process has included any deviations from the agreed to. Mr. INOUYE. I move to lay that mo- schedule set forth under paragraph (1)(A), an Mr. STEVENS. Mr. President, I ask explanation for such deviations from the unanimous consent that Senator SMITH tion on the table. schedule. The motion to lay on the table was of New Hampshire be added as a co- (3) The Federal Communications Commis- sponsor of the Kennedy amendment. agreed to. sion may not consult with the Director in The PRESIDING OFFICER. Without AMENDMENT NO. 604 the preparation and submittal of the reports Mr. STEVENS. Mr. President, I send required of the Commission by this sub- objection, it is so ordered. to the desk an amendment by the Sen- section. Mr. STEVENS. That is amendment (4) In this subsection, the term ‘‘appro- No. 582, which we just adopted. ator from New Mexico, Mr. DOMENICI, priate congressional committees’’ means the and ask unanimous consent for its im- AMENDMENT NO. 548 following: Mr. STEVENS. Mr. President, have I mediate consideration. (A) The Committees on Appropriations, the The PRESIDING OFFICER. Without Budget, and Commerce of the Senate. called up amendment No. 548? objection, it is so ordered. The clerk (B) The Committees on Appropriations, the The PRESIDING OFFICER. The Sen- will report. Budget, and Commerce of the House of Rep- ator from Alaska has not called up The legislative clerk read as follows: resentatives. that amendment. The Senator from Alaska [Mr. STEVENS] Mr. STEVENS. I ask unanimous con- Mr. STEVENS. The amendment of for Mr. DOMENICI, proposes an amendment sent the amendment be agreed to. the Senator from New Hampshire, Mr. numbered 604. The PRESIDING OFFICER. Without GREGG. The amendment is as follows: objection, the amendment is agreed to. The PRESIDING OFFICER. That is On page 106, line 4, strike ‘‘The Commu- The amendment (No. 604) was agreed correct. nications Act’’ and insert ‘‘(a) The Commu- to. Mr. STEVENS. I urge the adoption of nications Act of 1934’’. AMENDMENTS NOS. 576 AND 585 that amendment. It has been cleared. On page 107, between lines 4 and 5, insert The PRESIDING OFFICER. Without the following: Mr. STEVENS. I call up amendments (b)(1) Not later than 15 days after the date Nos. 576 and 585 and ask unanimous objection, the amendment is agreed to. of the enactment of this Act, the Director of consent they be considered en bloc. The amendment (No. 548) was agreed the Office of Management and Budget and The PRESIDING OFFICER. Without to. the Federal Communications Commission objection, it is so ordered. AMENDMENT NO. 579 WITHDRAWN shall each submit to the appropriate con- Mr. STEVENS. I ask unanimous con- Mr. STEVENS. The amendment No. gressional committees a report which shall— sent amendments Nos. 576 and 585 be 579 by Mr. DURBIN, has that been (A) set forth the anticipated schedule (in- cluding specific dates) for— agreed to en bloc. agreed to? (i) preparing and conducting the competi- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Not yet. tive bidding process required by subsection objection, the amendments are agreed Mr. STEVENS. I ask unanimous con- (a); and to. sent that that be withdrawn. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6681 The PRESIDING OFFICER. Without (a) FINDINGS.—Congress makes the fol- Mr. INOUYE. Would the Chairman objection, it is so ordered. lowing findings: agree that one of the bases that should The amendment (No. 579) was with- (1) On June 25, 1996, a bomb detonated not have top priority for C–17s is Dover Air drawn. more than 80 feet from the Air Force housing Force Base in Delaware? complex known as Khobar Towers in AMENDMENT NO. 583 WITHDRAWN Mr. STEVENS. I strongly agree. Dhahran, Saudi Arabia, killing 19 members Mr. STEVENS. Amendment No. 583 of the Air Force, and injuring hundreds Dover is one of the key supply bases for by Mr. LEVIN, I ask unanimous consent more; all of our operations in Europe and the that that amendment be withdrawn. (2) An FBI investigation of the bombing, Middle East. I think it requires the C– The PRESIDING OFFICER. Without soon to enter its fourth year, has not yet de- 17 as soon as possible. The bill before objection, it is so ordered. termined who was responsible for the attack; the Senate adds multi-year authority The amendment (No. 583) was with- and to purchase more C–17s and I think drawn. (3) The Senate in S. Res. 273 in the 104th both our Pacific based forces and forces Mr. STEVENS. Mr. President, I ask Congress condemned this terrorist attack in designated to supply Europe need C–17s the strongest terms and urged the United unanimous consent that Senator ED- to stay modern and ready. States Government to use all reasonable WARDS be added as a cosponsor of Biden Mr. INOUYE. I thank the Senator for means available to the Government of the amendment No. 547. United States to punish the parties respon- his comments. He and I have both ex- The PRESIDING OFFICER. Without sible for the bombings. pressed support in the past for getting objection, it is so ordered. (b) SENSE OF THE SENATE.—It is the sense C–17s assigned to the Pacific. I am glad AMENDMENTS NOS. 587 AND 605 THROUGH 607, EN of the Senate that: to hear him say that Dover Air Force BLOC (1) The United States Government must Base is also a very high priority for C– Mr. STEVENS. Mr. President, I now continue its investigation into the Khobar 17s. send to the desk the amendment we Towers bombing until every terrorist in- I stand ready to work with the Sen- had listed as No. 587, which is the re- volved is identified, held accountable, and ator on ensuring that our Pacific bases mainder of the managers’ package. punished; and Dover Air Force Base receive the There is the amendment of Senator (2) The FBI, together with the Department of State, should report to Congress no later C–17s as expeditiously as possible. COVERDELL, a sense-of-the-Senate reso- than December 31, 1999, on the status of its MARSHALL FOUNDATION AND JUNIOR ROTC lution; an amendment by myself for investigation into the Khobar Towers bomb- Mr. INOUYE. Mr. President, I com- Senator BOND concerning procurement; ing; and mend the Chairman for recognizing the an amendment pertaining to the (3) Once responsibility for the attack has importance of the Junior Reserve Offi- McGregor Range Withdrawal Act in been established the United States Govern- cers’ Training Corps, JROTC, for our New Mexico for Senator DOMENICI; an ment must take steps to punish the parties nation’s high schools through his sup- amendment regarding military land involved. port of the program in this bill. withdrawals for myself. I ask that they (The text of the amendments (Nos. I ask if the Chairman is familiar with be considered en bloc as the remainder 606 and 607) is printed in today’s the George C. Marshall Foundation, of the managers’ package. They should RECORD under ‘‘Amendments Sub- which assists in the training of ROTC be separately numbered at this point. mitted.’’) cadets nationwide. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without This foundation has worked for over clerk will report. objection, the amendments are agreed 20 years to develop the Marshall ROTC The assistant legislative clerk read to. award and seminar. The Marshall as follows: The amendments (Nos. 587 and 605 Foundation now wishes to adapt this The Senator from Alaska [Mr. STEVENS], through 607) were agreed to. leadership program for the JROTC. for himself and on behalf of other Senators, Mr. STEVENS. Mr. President, I move Mr. STEVENS. Mr. President, my proposes amendments en bloc numbered 587 to reconsider the vote. good friend from Hawaii asks an impor- and 605 through 607. Mr. INOUYE. I move to lay that mo- tant question. I am familiar with the The amendments are as follows: tion on the table. Marshall Foundation and am inter- AMENDMENT NO. 587 The motion to lay on the table was ested in the prospect of adapting this (Purpose: To provide funds for the purchase agreed to. program to the Junior ROTC. of four (4) F–15E aircraft) Mr. STEVENS. Now, are there any The committee would be interested In the appropriate place in the bill, insert further amendments that need to be in any support the Department of De- the following new section: disposed of that would qualify? fense could provide to this important ‘‘SEC. . In addition to funds appropriated mission. The Marshall Foundation has elsewhere in this Act, the amount appro- The PRESIDING OFFICER. There is none. helped to promote ethical leadership priated in Title III of this Act under the for ROTC cadets and midshipmen, and heading ‘‘Aircraft Procurement, Air Force’’ STRATEGIC AIRLIFT we all know that any effort to improve is hereby increased by $220,000,000 only to Mr. INOUYE. Mr. President, I rise procure four (4) F–15E aircraft; Provided, that citizenship in the nation’s youth today to address the question of stra- should be supported. The Department the amount provided in Title IV of this Act tegic airlift. In this bill, the Managers under the heading ‘‘Research, Development, of Defense should support the Marshall Test and Evaluation, Defense-Wide’’ is here- have attempted to accelerate and in- Foundation. by reduced by $50,000,000 to reduce the total crease funding for new modern pro- Mr. INOUYE. I thank the Chairman. amount available for National Missile De- grams, specifically the C–17, in lieu of JOINT COMPUTER-AIDED ACQUISITION AND fense; Provided further, that the amount pro- investing scarce resources in older air- LOGISTICS SUPPORT PROGRAM vided in Title III of this Act under the head- craft. Mr. BYRD. Will my friend, the distin- ing ‘‘National Guard and Reserve Equip- Mr. President, currently C–17s are guished Chairman of the Committee on ment’’ is hereby reduced by $50,000,000 on a only assigned to a few bases. We recog- Appropriations, who also ably serves as pro-rata basis; Provided further, that the nize some members are concerned that amount provided in Title III of this Act the Chairman of the Subcommittee on under the heading ‘‘Aircraft procurement, by focusing on the C–17, those strategic Defense, the Senator from Alaska, Air Force’’ is hereby reduced by $70,000,000 to airlift bases without C–17s will suffer. I yield for a colloquy? reduce the total amount available for Spares recognize this legitimate concern and Mr. STEVENS. I am pleased to yield and Repair Parts; Provided further, that the want to ask the Chairman his views on to the distinguished Senator from West amount provided in Title III of this Act the basing of C–17 aircraft. Would the Virginia. under the heading ‘‘Aircraft Procurement, Senator agree with me that C–17s Mr. BYRD. Mr. President, I believe Navy’’ is hereby reduced by $50,000,000 to re- should be assigned to additional bases the Joint Computer-Aided Acquisition duce the total amount available for Spares to replace aging C–141 and C–5 aircraft? and Logistics Support, JCALS, pro- and Repair Parts. Mr. STEVENS. I fully agree with the gram is one of the most successful AMENDMENT NO. 605 Senator’s statement. I believe that C– joint defense programs in the informa- (Purpose: To express the sense of the Senate 17s should be used to replace many tion technology area. It was begun in regarding the investigation into the June other strategic aircraft and that the 1991 to automate the acquisition and 25, 1996 bombing of Khobar Towers) basing strategy of the Air Force needs logistics processes that support the De- At the appropriate place, insert: to take this into account. fense Department’s weapon systems— S6682 CONGRESSIONAL RECORD — SENATE June 8, 1999 to provide a paperless acquisition and subsequent to the submittal of the mary beneficiaries of this program procurement process across all major President’s Budget is titled ‘‘Improved would be? defense agencies and commands. For Materials Powertrain Architectures for Mr. HOLLINGS. I appreciate the example, at the Defense Logistics 21st Century Trucks,’’ IMPACT. The Chairman’s support and would point Agency, the Electronic Folderization full program will cover light/medium out that past and present cancer re- Contract used to require 126 tons of military payloads up to five tons, in- search demonstrate that these tele- paper and 100 days for an acquisition cluding applications with an open or medicine techniques would be bene- cycle. As a direct result of JCALS, the closed bed configuration currently ficial to military populations. this process is now paperless and the acqui- serviced by several of the Army’s telehealth program will replicate the sition cycle takes just 15 days. The HMMWV variants. success of the South Carolina model in DOD estimates that JCALS will save Kentucky is a large commercial pro- New York. Once validation of this has $2.3 billion through 2014 just by ducer and Army base user of such vehi- been accomplished, a much broader ap- digitizing documents that now are pre- cles, and now, through the University plication can be made to other types of pared in paper form. of Louisville’s involvement in this ef- cancers at military sites throughout Is my understanding correct that the fort, it will also play an important re- the nation. FY 2000 Defense Appropriations bill search role in their design and testing. Mr. STEVENS. I assure my colleague now before the Senate contains the The military should realize significant that we will continue to work together as this bill moves forward. President’s budget request of $154.1 procurement and O&M cost savings as million for JCALS, with $121.8 million a result. SENSOR NETWORK DEMONSTRATION in the Army Operations and Mainte- Mr. STEVENS. Mr. President, I Mr. COVERDELL . Mr. President, as nance account and $32.3 million in the thank the Senator from Kentucky for the Chairman knows, the threat of chemical and biological warfare agent Army Other Procurement account? correctly clarifying the intent of these Mr. STEVENS. The Senator is cor- funds. incidents due to accidents or acts of terrorism is real. I applaud the atten- rect. SOUTH CAROLINA-NEW YORK CANCER tion and support provided by the Com- Mr. BYRD. I thank the Chairman for PREVENTION AND TELEHEALTH PROGRAM mittee in S. 1122 to research activities his assurances. If I may inquire fur- Mr. HOLLINGS. Mr. President I on detection and response technologies ther, is it also my understanding that would like the attention of my col- to these threats. It has come to my at- it is the committee’s intent that all of leagues to point out a fine program tention that interferometric sensors these JCALS funds, including those in worthy of funding in the Defense Ap- are one of the most promising tech- the Operations and Maintenance ac- propriations bill. the South Carolina- nologies for creating relatively inex- count allocated for defense information New York Cancer Prevention and Tele- pensive, small, adaptable, highly sen- infrastructure (DII) purposes, are to be health Program design will build on sitive chemical detectors. Such sensors spent exclusively on activities directly the successful prostate cancer preven- are ideally suited for deployment in do- related to JCALS? tion, research, and telemedicine pro- mestic emergency warning networks Mr. STEVENS. The Senator is cor- tocol which has already been estab- when integrated with technologies rect that it is our strong intention that lished at the Medical University of such as geographic information sys- all JCALS funds, including those allo- South Carolina (MUSC) through the tems. Is it the committee’s intention cated for so-called defense information support of the Department of Defense. that all promising detection tech- infrastructure, be used exclusively for The current protocol will be expanded nologies, including interferometric direct JCALS work, as provided in the to employ real-time, state-of-the-art sensors, be part of the Department’s budget request. telemedicine training and technology chemical and biological defense re- Mr. BYRD. I thank the Chairman. If to prevent, detect, and diagnose pros- search program? he would yield for a final question, am tate cancer in our men in uniform. The Mr. STEVENS. Yes, the committee I correct in my understanding that it is program will utilize expertise of lead- directs the Department of Defense to the Committee’s further intent that all ing medical institutions such as MUSC explore all promising detector tech- JCALS defense information infrastruc- and Sloan Kettering Memorial Cancer nologies including interferometric sen- ture funds provided in the Army Oper- Center to provide our military service- sors. ations & Maintenance account, ap- men with treatment at Walter Reed Mr. COVERDELL. As the committee proximately $20 million, are to be allo- Army Medical Center, Keller Army noted in its report on S. 1122, the Ma- cated to the JCALS southeast regional Community Hospital at the US Mili- rine Corps’ Chemical Biological Inci- technical center currently located in tary Academy at West Point, and the dent Response Force, also known as Fairmont, West Virginia? I am advised Beaufort Naval Hospital. CBIRF, has an important responsi- that to the maximum extent prac- Mr. INOUYE. Would the Senator bility in responding to chemical/bio- ticable, the contractor plans to use yield? logical threats and that their activities these funds in Hinton, West Virginia, Mr. HOLLINGS. I yield to the distin- should be fully integrated with the De- to further develop JCALS capabilities guished Senator from Hawaii. partment’s chemical-biological defense to support weapons systems. Mr. INOUYE. I appreciate the distin- program. It is my understanding that Mr. STEVENS. The Senator from guished Senator bringing this program the Marine Corps is prepared to con- West Virginia is correct. to the Senate’s attention. Last Year, I duct a coordinated civilian and mili- Mr. BYRD. I thank the Senator for supported including the MUSC tele- tary chemical incident demonstration his clarification and assistance with health program in the Department of that would integrate sophisticated sen- this most important issue. Defense Appropriations bill. I agree sor technology like that IMPROVED MATERIALS POWERTRAIN with the Senator from South Carolina interferometric sensors I just men- ARCHITECTURES FOR 21ST CENTURY TRUCKS that the continued expansion of this tioned, into a detection network. My Mr. MCCONNELL. Mr. President, my program should be included in this FY area of the country would make an request for $8 million for ‘‘Improved 2000 bill. ideal place for such a demonstration HMMWV Research’’ under Army Mr. HOLLINGS. I thank the distin- because of the presence of chemical RDT&E, ‘‘Combat Vehicle and Auto- guished Senator from Hawaii. agents and demilitarization facilities motive Advanced Technology’’ was in- Mr. STEVENS. Would the Senator in the region and because the region corporated in this year’s defense appro- yield for a question? has been the target of terrorist activi- priations bill. These funds are intended Mr. HOLLINGS. I yield to the distin- ties in the past. Does the committee to initiate a third phase of the design, guished Chairman. agree that such a joint civilian and demonstration and validation of ultra- Mr. STEVENS. I, too, supported this military exercise is an appropriate part light, steel-based structures and ad- program, and as you know I am com- of developing chemical and biological vanced powertrain architectures on mitted to promoting the best health detection technologies and can be fund- high volume truck platforms. care possible for the men and women ed out of the additional funds made This research effort, competitively who serve our country. Briefly Sen- available by the committee under Ma- selected by the Army in fiscal year 1999 ator, would you explain who the pri- rine Corps Program Wide Support? June 8, 1999 CONGRESSIONAL RECORD — SENATE S6683 Mr. STEVENS. The committee burden for the Air Expeditionary Force contractors with locks which meet or agrees that such a demonstration by Deployment concept. exceed federal specification FF–L–2740. the Marine Corps CBIRF unit is an ap- I agree with my colleague that devel- Mr. MCCONNELL. I thank the Sen- propriate activity and should be con- opment of the PBO fuel cell membrane ator and applaud his leadership on this sidered through funding currently material is important. The membrane national security issue. available in the bill. is a critical component of the fuel cell, I also want to make the entire Sen- FUEL CELL POWER SYSTEMS in terms of its performance and cost. ate aware of a letter written by the Mr. KENNEDY. Mr. President, as you Improvements to the fuel cell mem- Chairman and Vice Chairman of the know, fuel and power logistics support brane will result in direct benefits to Senate Intelligence Committee. Sen- are mission critical elements for the our military readiness. ators SHELBY and KERREY wrote to the success of the Air Force ‘‘Air Expedi- Mr. STEVENS. I also wish to thank Assistant Secretary of Defense for tionary Force Deployment’’ concept. the distinguished Senator from Massa- Command, Control, Communications The Defense Department has long rec- chusetts for his kind remarks about and Intelligence and pointed out that ognized that fuel cell power systems this important Defense spending bill. I ‘‘It appears the outdated, non-compli- can reduce the logistics requirements share the Senator’s concern about lev- ant locks still employed by Defense for batteries and liquid fuels, and im- els of investment by the Air Force in contractors cannot adequately prevent prove operational effectiveness of var- Science and Technology. In the past, surreptitious entry.’’ They go on to ious military systems. The Air Force wise investments in Science and Tech- state that ‘‘FF–L–2740 compliant locks Research Laboratory is the original de- nology resulted in many of the mili- are more cost-effective than the de- veloper of a polymer membrane mate- tary systems on which our men and vices currently in use.’’ Finally, they rial that can improve performance and women in the military depend today. close by stating that they ‘‘believe significantly lower the cost of fuel The Air Force Air Expeditionary DOD should consider directing the ret- cells. Unfortunately, reductions in the Force Deployment concept is of great rofit of Defense contractors’ equip- FY 2000 Air Force Science and Tech- interest to the Committee. Fuel Cells ment.’’ nology budget threaten to terminate can reduce the logistics burden for I thank the Senator from Alaska for Air Force investments in fuel cell de- many military systems used in peace his support of the $10 million appro- velopment. keeping and humanitarian relief oper- priation for this retrofit program. His I commend my good friend Chairman ations, as well as for combat oper- leadership will help prevent the type of STEVENS and my good friend and col- ations. I agree that the Air Force espionage that has dominated the news league in the Senate, Senator INOUYE, should consider the development of in recent days. the Ranking Member of the Senate Ap- fuel cell membrane materials. Mr. STEVENS. I thank the Senator propriations Committee, for the Com- HIGH SECURITY LOCK PROGRAM from Kentucky for his comments. mittee’s efforts to adequately fund the Mr. MCCONNELL. Mr. President, I TROOPS TO TEACHERS PROGRAM Air Force’s Science and Technology rise today to discuss an issue that is Mr. BINGAMAN. Mr. President, I programs. both important and timely—the secu- have been concerned that the extension I believe that the Air Force should rity of our nation’s secrets and classi- and improvement of the Troops-to- continue to pursue improvements to fied material. Teachers program recently authorized polymer processing technique and to Two days ago a bipartisan committee in the FY 2000 National Defense Au- transition the membrane material for released a report detailing a level of es- thorization bill, S. 1059, Section 579, fuel cell production. There are several pionage that few Americans expected. might not be funded this year. As my specific missions and applications that American’s most vital nuclear infor- colleagues are well aware, this program will benefit from fuel cell technology mation was stolen from the very places will provide excellent assistance to re- including Air Expeditionary Force De- that were supposed to be the most se- tired military personnel in obtaining ployment (AEFD), Aerospace Ground cure. I am not here to cast blame but, teaching credentials to enable them to Equipment (AGE), Rapid Global Mobil- rather, wish to discuss a program de- make the transition from the military ity (RGM) and battlefield computers signed to help reduce the risk of this to the classroom in an expedited way. that need to operate 16 to 32 times type of travesty. Retired military personnel are highly longer than heavy battery powered sys- The Department of Defense has in trained professionals, particularly in tems. In addition, future Air Force place a Federal Specification, FF–L– scientific and technical fields—an area mission plans are based on space mis- 2740, which sets the minimum require- in which the nation’s school systems sions at or above the edge of the ments for locks to be used on any con- are in dire need of trained profes- earth’s stratosphere. In these missions tainer storing classified materials. The sionals. Troops-to-teachers offer sti- fuel cells can play a major role in Department, to its credit, is near com- pends to personnel retiring from the meeting the energy requirements and pletion of a program to retro-fit all military to obtain teaching credentials improving mission efficiency and effec- containers which do not currently or vocational instruction certificates tiveness. meet that specification. needed for primary through secondary The commercial and military fuel However, there remains an area schools. It’s program by which every- cell market projections are signifi- where our classified materials are vul- one wins. cant—greater than $100 billion per year nerable. As Senator STEVENS knows, I am advised that the President’s by the year 2006. Seldom is the oppor- contractors also store classified docu- budget requests $18 million in funding tunity for across the board dual use ments throughout the country. Unfor- for FY 2000 under the jurisdiction of benefit for the government and com- tunately, they often do so in con- the Labor, Health and Human Services, mercial sector as vivid as it is for fuel tainers bearing locks which do not and Education subcommittee of the cells. Chairman STEVENS, I’m sure that meet Federal Specification FF–L–2740. Senate Appropriations Committee. you will agree that the Air Force So, I would ask my colleague, Senator Since the Defense Authorization bill should pursue the prototype scale-up, STEVENS, does he believe that our na- would extend Department of Defense optimization and full-scale demonstra- tion’s classified documents should be management over the program until it tion of an advanced solid polymer elec- properly stored, whether housed at a transfers responsibility to the Depart- trolyte fuel cell that uses PBO based governmental agency or contractor’s ment of Education at a date not later membranes. office? than October 1, 2001, it is essential that Mr. INOUYE. I thank my good friend Mr. STEVENS. I respond to the Sen- the funding be maintained during this and colleague, Senator KENNEDY, for ator from Kentucky that I absolutely period of transition. his kind remarks regarding this Com- support the safe storage of all classi- Mr. STEVENS. I thank the Senator mittee’s work on the FY 2000 Defense fied documents. For this reason, I was from New Mexico for his support for Appropriations Bill. I recognize the im- happy to accommodate your request to this initiative which I sponsored in this portance of investing in logistics tech- include an additional $10 million dol- year’s Defense Authorization bill. I nologies that can extend our military lars for the specific purpose of retro- agree that it is a critical program ben- capabilities and can lower the logistics fitting security containers managed by efiting our nation’s children and S6684 CONGRESSIONAL RECORD — SENATE June 8, 1999 schools. While I recognize the Senator additional sealift ship to complete been possible. This type of civilian- from New Mexico’s concerns, I believe their Maritime Prepositioning Force military program has a very positive it is important to remember that the Enhancement [MPF (E)] program. In impact on recruiting and retention and intent of this initiative is to transfer recent testimony before the Senate should be continued in FY 2000. the Troops to Teachers program to the Armed Services Committee, Lieuten- I understand that the report accom- Department of Education. Funding to ant General Martin Steele concluded panying the Fiscal Year 2000 Appro- increase and strengthen this important that ‘‘obtaining a 20th Large, Medium priations bill for the Department of De- program is meant to come from the De- Speed Roll-on/Roll-off vessel (LMSR) fense notes that the Committee be- partment of Education, not the Depart- and converting an LMSR to meet all lieves that the Department should ex- ment of Defense. Furthermore, we MPF (E) requirements is the best solu- pand the scope of readiness initiatives agreed to delay transfer of this pro- tion to our third ship requirement.’’ to include Native American groups, gram from DOD to DOE until 2001 in General Steele also notes that the situ- when appropriate and compatible with order to ensure a smooth transition ation in Kosovo has highlighted the mission requirements. Is that correct? which affords minimal disruption to need for the additional ship. In light of Mr. STEVENS. Yes, it is. the current program and infrastruc- these comments, I believe that it is es- Mr. DORGAN. Are you familiar with ture. Our legislation clearly stipulates sential that Congress fund the procure- the work of Project Walking Shield and that expansion of this program through ment of the 20th LMSR. the Walking Shield American Indian an infusion of funds is meant to be Mr. INOUYE. The Army has agreed Society which conduct health, housing, done at the Department of Education to release an LMSR to the Marine road construction and other projects with Department of Education funds Corps as long as Congress provides suitable for military training on Indian and not while the program is being funding in the Fiscal Year 2000 defense transferred from the DOD. I am com- Reservations? budget for the construction of a new Mr. STEVENS. Yes, I am familiar mitted to working with my colleagues, ship to replace the one given to the including the Senator from New Mex- with the work of this excellent group Marines. This presents us with an ex- and the benefits it provides not only to ico who is an original cosponsor of this cellent opportunity to fulfill both re- measure, to ensure that the appro- the military but to the tribes served by quirements. its activities. priate funds are allocated for the De- Mrs. FEINSTEIN. I agree. Funding Mr. DORGAN. Would you agree that partment of Education allowing this the vessel will be a win, win, win prop- this group provides the kinds of train- agency to reform and strengthen the osition for the military. The Marine ing opportunities envisioned for the In- program as authorized by the Senate. Corps will get their third MPF (E) in a novative Readiness Program and it Mr. BINGAMAN. I fully support that timely manner and at minimal cost, should continue its partnership with view and appreciate his leadership on the Army could reach an end state this important initiative. The Nation’s the Department and its support and co- with all eight ships for prepositioning schools and the Nation’s students will operation in Fiscal Year 2000? being identical, and the new ship would be the better for it. Mr. President, I Mr. STEVENS. This type of partner- fill a current sealift shortage of 70,000 yield the floor. ship is one we are trying to encourage. square feet of RO/RO in surge sealift. DDG–51 ADVANCE PROCUREMENT FUNDING Mr. INOUYE. I share my colleague’s The previous LMSRs have been deliv- Ms. SNOWE. Mr. President, I draw enthusiasm for this excellent program. ered ahead of schedule and under budg- the attention of the distinguished Mr. STEVENS. Yes, I agree that the et. Funding the 20th ship at this time Chairman of the Appropriations Com- Society’s work is what we want to en- will save taxpayer dollars in the long mittee to a funding provision of the FY courage in this account. run, by keeping the production lien 2000 Defense Authorization Bill that open. JROTC passed after the Appropriations Com- Mr. STEVENS. There is a clear mili- Mr. DURBIN. Mr. President, I wish to mittee had completed its military tary requirement for the procurement engage the distinguished Chairman of budget mark-up last month. Title X of of this ship. Unfortunately, we are the Senate Appropriations Committee the Authorization Bill allows the Sec- working under tight budget restric- and the Defense Subcommittee, Sen- retary of the Navy to expend no more tions. Should funds become available, I ator STEVENS, in a brief colloquy re- than $190 million for the advance pro- believe that Congress should give care- garding the Junior Reserve Officer curement of components to support the ful consideration to procuring a 20th Training Corps program (JROTC). planned construction of DDG–51 Arleigh LMSR to meet the Marine Corps’ As Chairman STEVENS may know, the Burke-class destroyers in Fiscal Years Chicago Public Schools have developed 2002 and 2003. The Navy, as the Chair- prepositioning needs. Mrs. FEINSTEIN. I thank the Chair- and implemented a very successful man knows, has already written to man and Ranking Member for their JROTC program. Since the program Congress that it will need $371 million willingness to work with me on this began, it has served over 7,500 cadets for this purpose by FY 2001, but the ob- issue. from all four branches of the armed ligation of some of this amount next INNOVATIVE READINESS TRAINING services and helped these students fiscal year may reduce programmatic achieve better grades, attendance, con- risks. Mr. DORGAN. I understand that the Mr. STEVENS. I thank the Chair of Fiscal Year 2000 Defense Appropria- duct, and higher graduation rates. The the Senate Armed Services Seapower tions bill contains $20 million for inno- Chicago Public Schools are now in need Subcommittee for highlighting the vative readiness training. Under this of expanding the successful JROTC pro- DDG–51 advance procurement provision program, the Department of Defense gram to an additional 10 high schools, of the FY 2000 Defense Authorization trains Active Duty, Guard and Reserve including the Chicago Military Acad- Bill. I am aware of this initiative and personnel by providing ‘‘real world’’ ex- emy at Bronzeville. And, they are at- strongly support it as a means of pro- perience here in the US which is simi- tempting to enter partnerships with all viding the Secretary of the Navy with lar to what might be encountered in of the branches of the armed services the flexibility to release up to 50% of Overseas Humanitarian and Civic As- in order to better serve interested stu- the DDG–51 advance procurement budg- sistance Programs. Under the Innova- dents. et in FY 2000 should he determine that tive Readiness Program, the Walking The Senate bill includes an increase vendor and supplier base stability war- Shield American Indian Society has for JROTC of $3.5 million. Is it the un- rants such expenditures. provided such training opportunities derstanding of Chairman STEVENS that Ms. SNOWE. I thank the Chairman of on American Indian reservations espe- successful programs like the one in the Appropriations Committee for his cially those located in the states of Chicago should be able to work with understanding and support of this crit- North and South Dakota and Montana. the Department of Defense and the var- ical shipbuilding amendment. Without the support and cooperation of ious branches to receive funding? PROCUREMENT OF A 20TH LARGE, MEDIUM SPEED the Walking Shield American Indian Mr. STEVENS. I am aware of the fine ROLL ON/ROLL OFF VESSEL Society, many of the engineering and work being done by the Chicago Public Mrs. FEINSTEIN. The Marine Corps medical projects conducted by the De- Schools in the area of JROTC. It is an has an unfunded requirement for one partment of Defense would not have example of a program that works. It is June 8, 1999 CONGRESSIONAL RECORD — SENATE S6685 my understanding that a number of development of biosensors and bio- ment into which it will send its per- Chicago high schools would like to in- markers of exposure for human and ec- sonnel and equipment. I am willing to clude JROTC as part of their cur- ological system. look at the need to support additional riculum. I believe that the level of The Office of Naval Research (ONR) research in this area and to recommend funding for JROTC in the Senate bill and the Naval Oceanographic Office an appropriate response if one is indi- would give programs like the one in (NAVOCEANO) are currently expand- cated. the Chicago Public Schools an oppor- ing existing research capabilities in Ms. LANDRIEU. I thank my col- tunity to work with the branches of basic and applied environmental league and I look forward to working the armed services in order to expand. sciences of aquatic systems. The pur- with him to provide for a strong inte- BANKING SERVICES ON DOMESTIC BASES pose of this research is both to under- grated bioenvironmental hazards re- Mr. BOND. Mr. President, the De- stand the processes of riverine and gulf search capability for the Navy. partment of Defense is currently draft- systems and to understand the impacts DISTANCE LEARNING ing proposed regulations to establish a of human development on estuaries and Mr. DURBIN. Mr. President, I wish to procedure on how military bases are to harbor systems throughout the world. engage the distinguished Chairman of solicit and select bids from financial This work complements other ‘‘brown the Senate Appropriations Committee institutions to provide banking serv- water’’ research initiatives in ONR, and the Defense Subcommittee, Sen- ices on domestic military bases. The particularly the STRATAFORM pro- ator STEVENS, in a brief colloquy re- regulations are likely to be issued in gram which is looking at issues of sea garding distance learning. June of this year. I understand that the level change, climate variability, and As Chairman STEVENS may know, the regulations may establish a presump- riverine runoff. City Colleges of Chicago Europe has tion in favor of bids received from local The joint technology development of been providing college degree and cer- banks over the bids received from any the biosensors can be used in autono- tificate programs to the U.S. military other bank. mous underwater vehicles, which have service members and their families in It is important that these new regu- direct application in support of Europe since 1969. In fact, the City Col- lations not prevent base commanders NAVOCEANO military surveys in the leges of Chicago was one of the early pioneers in distance learning. Today, from approving a bid from a financial Littoral Zones and the pre-invasion the program offers over 70 courses on institution that specializes in pro- mission to detect mines and obstacles the Internet and provides interactive viding banking services to military for clearance/avoidance in the Very television courses via satellite to U.S. personnel, if its bid would provide Shallow Water (VSW) and Surf Zone peacekeeping forces stationed in the lower cost and more convenient bank- (SZ) approaches to the amphibious ing services than a bid submitted by a Sinai Desert, Bosnia, and Hungary. landing areas. The Senate bill includes an increase local bank. There are several financial Specifically, the biosensor’s role dur- for distance learning of $45 million. Is institutions in this country that have ing military surveys conducted by it the understanding of Chairman STE- made it their business to provide bank- NAVOCEANO will be to collect the VENS that successful programs like the ing services to our armed forces. Their natural ‘‘background’’ environmental City Colleges of Chicago Europe should ability to provide affordable and con- harmful agents to personnel that work be able to work with the Department of venient banking services to our mili- in the waters of the littoral zones. De- Defense to receive funding? tary personnel is evident from the bids velopment of this definitive database Mr. STEVENS. I am aware of the they have won to establish branches at will support the intelligence require- Center for Opening Learning at the bases across the country. The Depart- ments of the SEAL, EOD, and amphib- City Colleges of Chicago—Harold Wash- ment of Defense should hold an open ious assault teams. Moreover, biosen- ington College. I believe that the level and competitive bidding process for the sors will improve the probability of of funding for distance learning in the establishment of bank branches on mission success, endurance and surviv- Senate bill would give programs like military installations and should not ability of SEAL swimmers through de- the Center for Opening Learning an op- shut out these specialized banks from tection of harmful agents during the portunity to work with the Depart- the process. initial environmental surveys. This ment of Defense in order to develop ad- I do not suggest that the location of health-risk assessment will involve the ditional courses and enhance new a bank not be a consideration in the se- prediction and monitoring of waters learning technologies that will ulti- lection process. However, it should not polluted (either naturally or by inten- mately help military students sta- be the primary criterion. The cost and tion or both by the opposing forces) tioned overseas. convenience of banking services for our with heavy metals, microbial hazards, ELECTRIC DRIVE military personnel should be the over- chemical hazards, environmental Mr. KOHL. Mr. President, I rise to in- riding factor in determining the bid chemicals, toxic organisms, and areas form the Senate of recent engineering that is selected, regardless of whether of outflow from waste treatment plants breakthroughs in the area of naval pro- it is a bid from a local bank or a spe- prior to the hunt for mines and obsta- pulsion. In the past few years, industry cialized military bank. I intend to fol- cles. has been working hard to develop elec- low this regulation closely as it is de- Congress should encourage the De- tric drive technology that could be veloped. If it is not written in a man- fense Department and the Navy to pur- used in a naval vessel. Electric drive ager that best serves the interests of sue research and development of tech- would replace the traditional mechan- our military personnel, I may seek a nologies and methods for better meas- ical drive system, that turns the ship’s legislative change of this policy. uring and understanding the full range propellers through a system of reduc- Mr. STEVENS. I thank my colleague of impacts of biological hazards, in- tion gears, with a system that uses from Missouri for bringing this issue to cluding biological warfare, to humans electricity directly to turn the engines the attention of this body. I agree that (both military and civilian) and other and power the rest of the ship’s sys- it is an issue of concern, and I intend living organisms. This will improve our tems. to work with my colleague should a ability to develop suitable preparations Electric drive offers major benefits legislative solution be necessary. or responses to such hazards. over mechanical drive. It is more effi- BIOENVIRONMENTAL HAZARDS RESEARCH I would like to ask my colleague cient in terms of reduced fuel consump- Ms. LANDRIEU. Mr. President, the from Alaska, would he be willing to tion and requires fewer crew to main- Defense Department needs the capa- look at this need and, if appropriate, tain. It can also generate more power bility to assess and prevent both the provide additional support for this re- than mechanical systems. Electric adverse impacts of its operations and search effort before we are asked to drive is also quieter, making it an at- training activities on the environment, give final approval to the Defense Ap- tractive option for submarines, or any as well as the adverse health effects of propriations bill later this year? vessel concerned with stealth. Industry contaminated environments on its Mr. STEVENS. I thank the senator analysts believe electric drive could troops and employees. One particular from Louisiana for raising this issue. I save the Navy $4.3 billion over the life area of interest is in bioenvironmental understand why the Navy has a need to of the new destroyer program, the DD– hazards research, which focuses on the better understand the aquatic environ- 21, alone. S6686 CONGRESSIONAL RECORD — SENATE June 8, 1999 Last year the appropriations com- Mr. KOHL. I thank both Senators for I also sincerely appreciate the Com- mittee included a provision in the De- their support of continuing research mittee’s effort to restore some of the partment of Defense Appropriations and evaluation of electric drive. Sen- funding required for research, develop- bill asking the Navy to produce a re- ators STEVENS and INOUYE have long ment, test, and evaluation. The in- port on the potential for electric drive. been known for their clear vision when crease of $2.1 billion to the budget re- The Secretary of the Navy released the it comes to supporting cutting edge quest will help prevent the loss of sci- study in March, a study that was a military technology, and that reputa- entific and technical expertise within powerful endorsement of the electric tion is well deserved. our defense infrastructure. Moreover, drive technology. This report points to Mr. DOMENICI. Mr. President, I rise this will help ensure that the U.S. electric drive as a technology that will in strong support of the bill before us maintains its technological lead in its no doubt have major implications for today. I would like to sincerely thank defense capabilities. the future of naval ship design and en- Senators STEVENS and INOUYE for their The Committee also funded several gineering. I hope the Navy will con- strong leadership on the Defense Sub- items that will ensure that New Mexico tinue its research efforts, and make committee. I also would like to recog- based defense installations and pro- every effort to include this technology nize the hard work and diligence of the grams remain robust. I would like to in the next generation of destroyers, staff on this Committee. briefly highlight some of the items the DD–21. I also hope the Defense Ap- Every year this Committee goes that received funding in the appropria- propriations Subcommittee will main- through the exercise of trying to allo- tions bill. tain its interest in the program and cate sufficient funds for the foremost Directed energy weapons provide the continue its support. priorities of providing for our nation’s potential of low cost per kill ratios Mr. STEVENS. I thank Senator defense. Every year under the current sought for our missile defense capabili- KOHL. I agree that the Navy should funding constraints the difficulty of continue its research efforts into elec- this task increases. This year is no ex- ties. In the area of directed energy, $14 tric drive, and it should strongly con- ception. million will go for the High Energy sider the benefits it could bring to the I would like to briefly mention some Laser Test Facility at White Sands, DD–21 Class of destroyers. In addition, of the most important aspects of our the Army’s premier facility for di- I am aware that this technology will defense addressed in this spending rected energy programs. There is an also provide important benefits to package. additional $15 million for the Tactical other future Navy ships such as im- The bill provides $264.7 billion in new High Energy Laser program. This joint proved stealth for future submarines. spending authority for the Department program with Israel is very important By developing a modular, common in- of Defense for FY 2000. This is $1.4 bil- to proving the concept of using lasers tegrated system, where major system lion above the President’s request. This to achieve defenses against short and elements can be used on all new Navy recommendation meets the budget au- medium range missiles. After signifi- ship designs without any design thority and outlay limits established cant cuts and changes to its develop- changes, the Navy can also realize the in the 302(b) allocation. ment plan last year, the Airborne multiple benefits of reduced training In parallel with the Defense Author- Laser program is fully funded at $309 and logistics costs, as well as signifi- ization bill, the bill funds almost 1.4 million. cant production cost savings. million active duty military personnel. The Committee added $40 million to Mr. INOUYE. I concur with the opin- This bill fully funds a 4.8-percent pay the Warfighter Information Network ions of the chairman and of Senator raise for FY2000 and includes more program. Based at Laguna Industries, KOHL. I consider it essential that our than $1.838 billion in supplemental this program manufactures mobile Navy be equipped with the most ad- spending for military pay. command and control headquarters for vanced technology in their future This legislation provides approxi- a digital Army. ships. Since electric drive not only of- mately $2.1 billion for overseas contin- An additional $7.5 million was appro- fers significant operational benefits, gency operations in Southwest Asia priated for modernization of testing but also significant savings, I most and Bosnia. I and many others suspect equipment at White Sands Missile strongly urge the Navy to continue its we’ll be forced to pass an additional Range. Also, $6 million will be made research work and make every effort to emergency supplemental for peace- available for much needed perimeter ensure that this technology is deployed keeping operations in Kosovo. As fencing to prevent further accidents on DD–21. Chairman STEVENS has already indi- from unexploded ordnances at the Mr. KOHL. As I am sure the chair- cated, it would be premature to specu- range. man and ranking member are aware, late about those possible appropria- $10 million is included for the tions at this time. much of the research into this tech- Scorpius Low Cost Launch program. A The bill includes appropriations to- nology has been privately funded. Gen- significant portion of the research and eral Dynamics and Eaton Corporation, taling $92 billion for operation and maintenance (O&M). This is $626.1 mil- development for this program is based among others, have been leaders in the at Phillips, and testing of the engines field of electric drive and their efforts lion above the Administration’s re- and the rocket itself is conducted at have been crucial to moving the devel- quest. New Mexico Tech and White Sands. opment along. Their investment has The bill supports the establishment This is an important program both be- presented the Navy and Congress with of 17 Rapid Assessment and Initial De- cause of the implications to our na- an excellent opportunity to take ad- tection (RAID) teams. And it provides tional security that arise from exorbi- vantage of developments financed in $1.3 billion for combating terrorism. tant launch costs and due to potential the private sector. As the Navy con- Within the funds for combating ter- cost savings to taxpayers by lower tinues to evaluate electric drive and rorism, the bill makes $79.6 million costs for getting payloads into orbit for the DD–21 program I hope the com- available to provide Army and Air Na- U.S. defense programs. mittee will be ready to capitalize on tional Guard full-time personnel to fa- that investment. cilitate successful achievement of this Several other Phillips based pro- Mr. INOUYE. I agree that this pre- mission. grams also received additional support, sents us with an excellent opportunity. I fully support the decision to appro- including: $5 million for further re- The committee will certainly give the priate $475.5 million for Former Soviet search and development on radio fre- Navy consideration should it make an Union Threat Reduction programs. quency weapons, $25 million for mili- additional request for funding for elec- These are important programs that ad- tary spaceplane efforts, $5 million for tric drive research. dress one of the most significant pro- advanced countermeasures using solid Mr. STEVENS. The potential of elec- liferation threats we face today. I also state laser technologies. tric drive is certainly worth exploring, would like to voice my strong support At my and other member’s request, and the committee would be willing to for the decision that $25 million be an additional $10 million of funding consider a request from the Navy if used only to support Russian nuclear will be made available for research and they believe it is critical to the DD–21 submarine dismantlement and disposal development of new technologies to design effort. activities. counter chemical and biological June 8, 1999 CONGRESSIONAL RECORD — SENATE S6687 threats. $4 million in support was in- ther, this decision was made not on the for the demonstration of all viable al- cluded for the blast mitigation re- basis of what was technologically fea- ternatives to baseline incineration. search of both military and non- sible, but solely on the basis on what I intend to continue to press the military explosives at New Mexico was cost-efficient. Not in the interests Army to test all six technologies so Tech. of finding the safest manner available that the citizens who live near our Lastly, $10 million in additional to destroy the weapons, but on satis- stockpiles may be assured that only funding was added for the Theater Air fying the minimum requirements so the safest methods available are em- Command and Control Simulation Fa- that the incineration could continue ployed to destroy chemical weapons. cility (TACCSF) at Kirtland Air Force regardless of the results of the testing. Base. This will help a great deal in To help ease this budget difficulty, I I ask unanimous consent that the making this facility the world class offered and the Senate accepted, an letters to which I referred be printed in training facility necessary to maintain amendment to the FY99 Department of the RECORD. combat readiness of our Air Force in Defense Appropriations Bill which gave There being no objection, the letters the coming years. the Secretary of Defense the Authority were ordered to be printed in the I believe this bill demonstrates the to reprogram up to $25 million in order RECORD, as follows: balance required to best fund our to fully test each of the technologies DEPUTY SECRETARY OF DEFENSE, armed forces under current fiscal con- which met the criteria for selection as Washington, DC, December 22, 1998. straints. Again, I am pleased by the potential alternatives to incineration. Hon. MITCH MCCONNELL, hard work of my colleagues on this This provision was included in the final U.S. Senate, Washington, DC. Committee and express, once again, my version of the Defense bill, and was DEAR SENATOR MCCONNELL: This responds admiration for the hard work of Chair- eventually signed into law. to your interest in the Assembled Chemical man STEVENS and Senator INOUYE in Mr. President, despite this clear ex- Weapons Assessment (ACWA) Program. I re- achieving an appropriate spending pression of Congressional intent, the gret any misunderstanding we may have had package for our military men and Army, the Department and the Admin- about responding to your concerns on this women. istration have consistently refused to matter. ASSEMBLED CHEMICAL WEAPONS ASSESSMENT allocate sufficient funds to complete As you know, Congress has directed the Mr. MCCONNELL. Mr. President, I the testing. As a result, the ACWA pro- Department to demonstrate and evaluate at rise today to address the issue of gram is in danger of losing its credi- least two alternatives to baseline inciner- ation for the disposal of assembled chemical Chemical Weapons Demilitarization. I bility—the very quality that led to its munitions. The ACWA Program actually do so in order to point out that the De- initial successes. If the testing of the identified six technologies, exceeding the partment of Defense has consistently three technologies does not produce a original requirement, but was able to fund ignored Congressional directive and in- viable alternative to incineration, then only three—the three that were ranked as tent. the legitimate question will be posed, the best value to the U.S. Government. We In 1996, I offered and the Senate ac- ‘‘What about the additional proposals would like to go further, but the entire cepted an amendment which directed which were viewed to have merit as al- amount appropriated for support of ACWA in the Army to identify and demonstrate ternatives to incineration?’’ the Fiscal year 1999 Defense Appropriations technologies other than baseline incin- Not wishing to answer that question, Act will be required to complete demonstra- tion testing and conduct a non-government eration which could be utilized in the I worked to encourage the administra- independent evaluation of cost and schedule destruction of America’s chemical tion to agree that further testing was with regard to implementing an alternative weapons stockpile. This program, cost effective and in the best interests technology. which came to be known as the Assem- of the country. Their responses, which The Act also provided authority to use up bled Chemical Weapons Assessment, or I will submit for the RECORD, professed to an additional $25 million of the funds ap- ACWA, enjoyed tremendous inititial their strong support for the goals of propriated for the Chemical Demilitarization success. Through the involvement of the ACWA program, but claimed that program in order to complete ACWA dem- the DoD, the Army, technology pro- the budget was simply too tight for the onstrations. This language, however, ad- viders and citizens advocacy groups— Department to reprogram funds for ad- dressed authority only; no additional funds disparate interests, indeed—agreement ditional testing. were appropriated. While we will vigorously With all due respect, that contention press for savings in the Chemical Demili- was reached on how the process should tarization program, at this point, we are un- proceed as well as the criteria for suc- is simply false. The truth is that the able to exercise reprogramming authority cess. It is also critical to point out that Department of Defense and the Army without jeopardizing our ability to meet the one area of consensus was that the made a decision years ago that they Chemical Weapons Convention mandate of timely destruction of the stockpiles re- would eliminate chemical weapons April 2007 for destruction of our chemical mained a top priority. Nobody involved using incineration and have resisted weapons stockpile. If, however, additional in this process advocates unnecessary considering other options since that funding becomes available in the coming fis- delay in efforts to comply with the time. cal year to support the ACWA Program, we plan to expand the scope of demonstration Chemical Weapons Convention 2007 This year’s report, Senate Report 105–53, states that ‘‘the Committee is testing beyond the three technologies al- deadline. Certainly, I never viewed my ready programmed. efforts as anything other than a safe- concerned with the lack of oversight Successful disposal of the chemical muni- guard to ensure that once the destruc- afforded the Chemical Demilitarization Program within the executive branch.’’ tions stockpile and compliance with the tion of the stockpile located in Ken- Chemical Weapons Convention are among tucky began, only the safest method Further the Report states: our highest national security priorities. The available was utilized. In a review of the program’s funding, the ACWA Program is a critical component of Unfortunately, this is where the good Committee discovered that funds had sys- this effort. I want to thank you for your sup- news ends. tematically been obligated without being ex- port of this important program. Again, I re- After rigorous evaluation and discus- pended and in some instances funds were un- gret any misunderstanding concerning my sions, the decision was announced that obligated. Rather than facing a shortfall in response to your interest in this matter. funding, the program had over $200,000,000 of six separate methods met the techno- Sincerely, Operation and Maintenance funds unex- JOHN HAMRE. logical criteria necessary in order to be pended at the end of fiscal year 1998. In light tested as alternatives to baseline incin- of the unobligated and unexpended balances eration. These six were the only pro- available to the Department, the program UNDER SECRETARY OF DEFENSE, posals of the almost 20 originally sub- growth in the budget request is not justified. Washington, DC, September 18, 1998. Hon. MITCH MCCONNELL, mitted for consideration which were Mr. President, this language is a U.S. Senate, Washington, DC. deemed capable of producing safer stinging indictment of the Depart- methods. Unfortunately the Army and ment’s mismanagement of the Chem- DEAR SENATOR MCCONNELL: This is in reply to your letter to Secretary Cohen regarding the Department of Defense made the ical Demilitarization program. Further the Assembled Chemical Weapons Assess- decision to move forward and evaluate it demonstrates clearly that there is no ment (ACWA) program. In that letter you only three of the qualified tech- truth to the assertion that there were asked about the Department’s plans for test- nologies, leaving three untested. Fur- not sufficient funds available to allow ing of alternative technologies. S6688 CONGRESSIONAL RECORD — SENATE June 8, 1999 As you may be aware, the Department of ment of Defense Appropriations report many reasons. If followed, it would un- Defense Appropriations Act for Fiscal Year which recommends $300 million for dermine industrial competition and 1997 mandated that we identify and dem- medical research and development ef- conflict with the fair and competitive onstrate not less than two alternatives to the baseline incineration process for the de- forts to be used for life-saving medical process that has occurred to date. It militarization of assembled chemical muni- projects, including breast cancer and would preclude further competition for tions. In selecting three technologies to pro- prostate cancer research. the 155mm Towed Howitzer and all fu- ceed to final demonstration testing we have Of the $300 million, the Committee ture towed artillery programs. And the exceeded that requirement. We recognize the recommends that $50 million is to be report language would potentially con- intent of the Senate as evidenced in Sec. 8143 made available for peer reviewed med- tradict several statutes, including the of the Senate passed FY 1999 DoD Appropria- ical research grants and activities. Army Industrial Facilities Act, the tion Bill. If additional funding becomes Further, the Committee directs that available in the coming fiscal year to sup- Working Capital Funds Act, and the port the ACWA program, we plan to reexam- the Secretary of Defense, in conjunc- Arsenal Act. tion with the service of the Surgeons ine the scope of demonstration testing. The contract for this program has al- A similar letter has been sent to your col- General, establish a process to select leagues who joined you in writing to Sec- medical research projects of clear sci- ready been awarded on a competitive retary Cohen regarding this issue. entific merit and direct relevance to basis. Vickers Shipbuilding and Engi- Sincerely, military health. One of the projects neering LTD developed the original de- WILLIAM J. LYNN. listed as having scientific merit and di- sign and owns background intellectual rect relevance to military health is property in the current Lightweight EXECUTIVE OFFICE OF THE PRESIDENT 155mm system. Attempting now to di- Washington DC, March 22, 1999. that of alcohol abuse and prevention research. rect the work to Rock Island would po- Hon. MITCH MCCONNELL, tentially detract from work done at U.S. Senate, Washington, DC. I believe that alcohol abuse and pre- DEAR SENATOR MCCONNELL: Thank you for vention efforts must be supported by Picatinny Arsenal in my home state of your letter about the Assembled Chemical Congress. We have all been witness to New Jersey, as well as potentially cre- Weapons Assessment (ACWA) program. The broken families, broken lives and lost ate all sorts of legal fights. While Rock President requested that I respond directly opportunities attributed to alcoholism. Island should be encouraged to com- to your letter. The Administration shares To that end, I would like to share with pete for a subcontract, all future your goals of safely disposing of our chem- awards should be made on a ‘‘best- ical weapons stockpile and has been sup- my colleagues the promising research portive of your efforts to find environ- being conducted to combat alcoholism value’’ basis. Any legislative micro- mentally sound alternatives to the baseline at the Gallo Center in San Francisco, management that compromises the incineration system for destroying these California. competitive bidding process is incon- chemical weapons. The mission of the Gallo Center is to sistent with legal and economic pru- As you know, the Omnibus Appropriations identify genes that control brain re- dence. I urge such ill-advised acquisi- Act of 1997 created the ACWA program and provided $40 million ‘‘to identify and dem- sponses to alcohol and other addicting tion guidance to be dropped when the onstrate not less than two alternatives to agents and then develop new drugs to Senate convenes with the House to the baseline incineration process for the de- treat addiction. It is the only alco- conference this bill. militarization of assembled chemical muni- holism research program in the coun- MC GREGOR RANGE WITHDRAWAL tions.’’ In time, the ACWA program identi- try that is based with a department of fied six alternatives. Due to limitations of neurology. The Gallo Center is fully Mr. DOMENICI. Mr. President, my funds, only three alternative technologies equipped for research in cellular, mo- amendment to the Defense Appropria- were selected for further development and lecular, and behavioral neuroscience tions bill would renew the withdrawal testing, one more than required by the 1977 of the McGregor Range for use by the Act. To fund the third alternative, funds had and also invertebrate and human ge- to be reprogrammed from the baseline Chem- netics. U.S. Army. ical Demilitarization program, which sup- I join my colleague, Senator FEIN- McGregor Range is one of six mili- ports a safe and effective disposal process in STEIN, in her request for $11 million tary parcels withdrawn from public do- order to fund research into an additional sys- from the Medical Research activities main in 1986. These parcels comprise tem that may or may not be selected at a fu- budget in the Department of Defense nearly 30 percent of the Department of ture date for implementation. Appropriations bill to support alco- Defense’s 25 million acres. The lands As you pointed out in your letter, the FY holism research at the Gallo Center lo- 1999 Defense Appropriations Act provides au- will revert to the public domain in 2001 thority to reprogram up to $25 million from cated at the University of California, unless Congress passes new legislation. San Francisco Medical School. I be- the Chemical Agents and Munitions Destruc- This amendment is specific to the tion, Defense account to fund the demonstra- lieve that the important work con- tion of alternatives to baseline incineration. ducted at the Gallo Center qualifies 608,000 acres utilized by Fort Bliss and Unfortunately, the Act also reduced the under the medical research project di- does not address any of the other re- President’s request for the account by $78 rective as recommended by the Com- newals for other military installations. million. This reduction will severely chal- mittee, and that it should be funded McGregor Range comprises nearly lenge the Army’s ability to successfully de- 700,000 of Fort Bliss’s 1.12 million acres. stroy this Nation’s chemical stockpile by from the $50 million already made April 29, 2007, as required by the Chemical available for peer reviewed medical re- The Fort Bliss garrison is adjacent to Weapons Convention. As a result of the $78 search grants and activities. El Paso, Texas, but the McGregor million reduction, to date we have been un- The Department of Defense Health Range is located entirely in New Mex- able to identify available funds in the Chem- Program has appropriately identified ico. ical Demilitarization program to reprogram alcoholism research as a priority area. Sections of McGregor are used for to ACWA for additional demonstration I believe that providing $11 million cattle grazing and other nonmilitary projects. from the Medical Research activities The Administration’s policy is to proceed purposes such as hunting and recre- as quickly as possible with the safe destruc- budget in the Department of Defense ation. The Bureau of Land Manage- tion of the Nation’s chemical stockpile, Appropriations bill for the Gallo Re- ment manages the cattle-grazing pro- while at the same time seeking even safer search Center at the University of Cali- gram through close coordination with and more effective methods. The National fornia, San Francisco would prove to the Army. These cooperative efforts Academy of Sciences concluded in its 1994 be a worthwhile investment in our ef- provide for efficient use of the lands as study that the baseline incineration system forts to learn more about alcoholism, is a safe and effective disposal process for the well as effective stewardship of the it causes, and what we can do to fight natural resources located there. stockpile. The Administration will continue it. to seek even safer methods. We look forward Mr. LAUTENBERG. Mr. President, Recent studies of this issue provides to working with you to that end. a succinct summary of the most rel- Sincerely, page 95 of the report accompanying S. 1122 contains language that encourages evant policy issues surrounding the re- JACOB J. LEW, newal of withdrawal for military pur- Director. the Army to include Rock Island Arse- poses. Mr. President, allow me to brief- THE GALLO RESEARCH CENTER AT THE nal in all aspects of the development, UNIVERSITY OF CALIFORNIA, SAN FRANCISCO design and production of the Light- ly list the major findings of this study: Mrs. BOXER. Mr. President, I am weight 155mm Towed Howitzer Pro- Fort Bliss has a critical role as a na- pleased to see language in the Depart- gram. This directive is problematic for tional center for air defense and June 8, 1999 CONGRESSIONAL RECORD — SENATE S6689 McGregor Range is essential for ful- Congressional action is now required to withdrawal and future uses of the filling that role; ensure that the Army retains its abil- range are of interest not only to the McGregor Range is the only range in ity to test, simulate, and train for mis- Army, but also to area residents and the United States capable of training sions at Fort Bliss. Allowing the other public land users. Although the America’s air and missile defense Army’s continued access to these lands amendment is not clear, I am con- forces. Because all CONUS Patriot is critical to adequate training and cerned that it materially changes some forces are stationed at Ft. Bliss they readiness now and in the future. of the withdrawal terms from the 1986 depend on McGregor for the training One of the fundamental duties of Act. needed to ensure their full readiness Congress is the maintenance of the na- For example, the 1986 Act authorized prior to deployment. tional defense. Nothing is more funda- a withdrawal period of 15 years. This Successive BRAC rounds have re- mental than the provision of training amendment provides for a 50-year with- duced the capability of the DOD to sup- ranges, such as McGregor, in maintain- drawal. I understand that the military port both current and future training ing a trained and prepared military. desires a longer withdrawal period than and testing requirements with the Mr. BINGAMAN. Mr. President, I do the current 15 years, and I am not op- available infrastructure. Range com- not object to my colleague’s amend- posed to considering a longer term. But plexes such as McGregor and White ment to renew the public land with- meaningful periodic reviews and envi- Sands Missile Range are critical now drawal for the McGregor Range in New ronmental analyses serve an important and will become more critical in the Mexico, however, I believe the pref- purpose. They provide local commu- future as weapons systems and doc- erable course of action is to follow the nities with an opportunity to raise trine evolve which allow greater stand- process the Senate agreed to just last issues about the way these lands are off distances and mobility in the fu- month, and allow the Defense and Inte- managed, and they allow us to consider ture. These capabilities are wasted if rior Departments the opportunity to new land management issues which we fail to train our forces to the max- jointly develop a legislative proposal. may not have been present when the imum extent of their capabilities. The McGregor Range in southern original withdrawals were made. I McGregor Range supports the U.S. New Mexico was one of several military think it is a mistake to significantly Air Force in the training activities at ranges that was last withdrawn for change this policy without at least the Holloman Air Force Base. military purposes in 1986 under Public opportunity for public hearings. The combined space of McGregor Law 99–606. The withdrawal period for Another aspect of the amendment Range and White Sands can be lever- McGregor and the other ranges is for 15 that seems to be a significant depar- aged to accommodate the needs of a years, and does not expire until No- ture from past management practices more modern Army. Currently, the vember, 2001. is a requirement that the Secretary of range supports specialized test oper- Last month, language was included the Army manage the withdrawn lands. ations by White Sands Missile Range in the Committee-reported version of Under current law, the lands are man- which require additional safety buffer S. 1059, the DOD Authorization bill, aged by the Bureau of Land Manage- zones to ensure public safety. that would have extended public land ment for a variety of multiple use pur- Military training and testing require- withdrawals at four of the six military poses, subject to the limitations of the ments for McGregor Range are foreseen installations covered by Public Law 99– military uses. For example, the 1986 for at least the next 50 years based on 606: the Barry M. Goldwater Air Force Act authorizes the Secretary of the In- weapons systems that are either cur- Range in Arizona, the McGregor Range rently fielded, such as Patriot, or are terior to manage the lands in a manner in New Mexico, and Fort Wainwright planned for fielding in the near future. permitting the continuation of grazing, and Fort Greely in Alaska. During the Additionally, emerging doctrine and the protection of wildlife and wildlife consideration of the bill on the Senate weapon systems part of the Army- habitat, the control of predators, recre- After-Next will require large areas to floor, I offered an amendment which ation, and the suppression of brush fully train soldiers in the employment replaced the withdrawal language with fires. This amendment now provides for of these weapons systems. If the re- a ‘‘sense of the Senate’’ statement urg- management by the Army, under the quirement is known for the next fifty ing the Administration to submit legis- years, then it is unclear why a shorter lative proposals for these four military terms of a new agreement to be devel- withdrawal period is reasonable. withdrawals by July 1. I understand oped between the Army and the Inte- The BLM’s 1986 Wilderness Study that both the Defense and Interior De- rior Department, which is to provide made a ‘‘No Wilderness’’ recommenda- partments are currently working on for the proper management and protec- tion regarding the Culp Canyon WSA. such a legislative proposal and that we tion of natural and cultural resources. This recommendation was ‘‘based on still anticipate being able to incor- It may very well be that such an agree- the low-quality wilderness value of the porate legislative language in the con- ment will adequately provide for other WSA and the potential conflicts with ference report for the DOD Authoriza- non-military uses and protect sensitive associated military use of the area.’’ tion bill. natural and cultural resources. How- Without this portion of the range, the With respect to the proposed amend- ever, there is no requirement that the Army’s ability to conduct Patriot and ment for the McGregor Range, I want lands be managed under existing law, related air and missile defense training to be clear that I recognize the critical including the Federal Land Policy and will be reduced by approximately one- role the range serves for our national Management Act. The amendment also third. defense training needs and I support appears to leave very important land There is strong regional support for their continued use for these purposes. management questions unanswered. this renewal. 176 public comments ex- In my opinion, however, I think it For example, the BLM currently man- pressed support for the Army’s pre- makes much more sense, and will re- ages the Culp Canyon Wilderness Study ferred alternative. An additional 26 ex- sult in less controversy in the long run, Area within the McGregor Range, as pressed support for one of the other al- if we allow the normal process for the well as an ‘‘Area of Critical Environ- ternatives. renewal of the public land withdrawals mental Concern.’’ Under this amend- The Army’s proposal will continue to be completed. In short, this means ment, is the Army required to manage historic non-military uses of the range allowing the Interior Department the those areas to the same degree of pro- which include livestock grazing and opportunity to review the Army’s envi- tection as required of the Secretary of hunting for 50 years. ronmental impact statement, which I the Interior? Again, at the very least, I The Army has already met its obliga- understand has only just been com- think it is important that all inter- tions with respect to performing an En- pleted, and that following that review, ested parties should be heard on these vironmental Impact Statement, hold- the Administration has the oppor- issues before we decide how to proceed. ing public hearings, and submission of tunity to submit its legislative pro- Mr. President, I would like to con- request for renewal to the Administra- posal for our consideration. clude by again urging the Administra- tion. The McGregor withdrawal encom- tion to expeditiously complete its leg- In sum, all of the legal requirements passes approximately 608,000 acres of islative proposal by the end of this set forth by Congress have been met. land in New Mexico. The renewal of the month. Although I would prefer to hear S6690 CONGRESSIONAL RECORD — SENATE June 8, 1999 the Administration’s proposal, I am confident that these funding initiatives thoughtful solutions. The general con- committed to seeing that the will bring us much closer to finding an- sensus is that if we pour enough money McGregor range renewal is enacted this swers for the men and women of New into the Defense Department, the prob- year. If, however, a timely proposal is Jersey and nationwide, who suffer from lems will go away. Unfortunately, ef- submitted by the Administration, I these devastating diseases. fective problem-solving doesn’t work hope that we will be able to include ap- Additionally, the pay raise of almost that way. propriate legislative language to renew 5 percent for all members of the mili- The DoD has a weapons moderniza- the withdrawal for McGregor and the tary included in this bill deals with se- tion strategy that makes it impossible other affected ranges as part of the rious concerns I have had regarding to buy enough new weapons to replace conference report for the DOD Author- quality of life and morale of our sol- all the old weapons on a timely basis, ization bill. diers. By addressing the inequities be- even though forces are much smaller Mr. TORRICELLI. Mr. President, I tween military pay and civilian wages, than they were during the Cold War rise today in strong support of the FY this pay raise will go a long way to- and modernization budgets are pro- 2000 appropriations bill. This legisla- ward reaching our goals of retaining jected to return to Cold War levels. tion demonstrates a strong commit- highly trained personnel and assist in Consequently, the ratio of old weapons ment to America’s defense and to our our ability to achieve recruiting goals. to new weapons in our active inven- ability to meet future military chal- Finally, while I am supportive of tories will grow to unprecedented lev- lenges. I especially thank and acknowl- these important components of this els over the next decade. edge the efforts of the distinguished legislation, I am extremely concerned Subsequently, that modernization chairman of the Appropriations Com- with the committee’s recommendation strategy is driving up the operating mittee and the Defense Subcommittee, that the Army and the Marine Corps budgets needed to maintain adequate Senator STEVENS, the distinguished develop a plan to include the Rock Is- readiness, even though the size of our ranking member of the Appropriations land Arsenal in all aspects of howitzer forces is now smaller than it was dur- Committee, Senator BYRD, and the development, design, and production ing the Cold War. Each new generation ranking member of the Defense Sub- for the Lightweight 155mm. of high complexity weapons costs much committee, Senator INOUYE, for their Currently, critical research and de- more to operate than its predecessor, work and support of this legislation. velopment functions for the howitzer and the low rate of replacement forces I am particularly pleased that the take place under the U.S. Army Tank- the longer retention and use of older committee included $1 million for ex- automotive and Armaments Command, weapons. Thus, as weapons get older, citing new technology designed to Armament Research, Development and they become more expensive to oper- make landmine detection safer and Engineering Center at Picatinny Arse- ate, maintain, and supply. more effective. This technology, known nal, NJ. The howitzer, as well as other Couple this with an accounting sys- as nonlinear technique for landmine important military systems, require tem that has failed each and every detection, has been developed by engi- sophisticated software which may only GAO audit since enactment of the neers at the Davidson Laboratory of be fielded by Picatinny Arsenal. If the Chief Financial Officers Act of 1990, the Stevens Institute in my home committee’s proposal is implemented, I and you have a poorly managed, mis- State of New Jersey. This new method fear that Rock Island Arsenal will ulti- guided strategy inviting disaster. for detection of mines and other buried mately assume important research and Instead of thoughtfully addressing man-made objects has been devised in development responsibilities for the these shortcomings, Mr. President, we such a way as to differentiate between howitzer for which they have never be- proceed to spend the American tax- rocks, other solids and actual land- fore played a role and may be unquali- payers’ money as we have in the past. mines through acoustics. This tech- fied to preform. I encourage the com- No change. We continue to promote nology will increase our ability to mittee to strongly consider these con- bigger and more expensive weapons meet our international obligations and cerns which have similarly been ex- systems at the expense of our men and dramatically improve the safety and pressed by the Army and Marine Corps. women in uniform. No matter how security of our armed forces. Mr. President, I again thank Chair- much money we throw at this problem, I also express my support for the man STEVENS, Ranking Member BYRD, we won’t find a solution if we stay on committee’s inclusion of an additional and Ranking Member INOUYE for their this track. $121 million for the production of 11 commitment and attention to these For the past year, Mr. President, new Black Hawk helicopters. A coali- important issues. we’ve heard the call to address our tion of eight companies in my state Mr. FEINGOLD. Mr. President, I rise military’s readiness crisis from vir- manufacture critical components for today to voice my strong opposition to tually all quarters. We were told that the Black Hawk, which is the Army’s the fiscal year 2000 Department of De- foremost among the readiness short- premier tactical transport helicopter. fense Appropriations Act. falls were operations and maintenance First produced in 1977, it is used for Mr. President, it is almost painful to as well as pay and allowances accounts. combat assault, combat re-supply, bat- witness the way in which this Senate is Just last year, there was a virtual tlefield command and control, elec- abdicating its responsibility to scruti- consensus that the armed services were tronic warfare and medical evacuation. nize the Department of Defense. During facing a readiness crisis. Last Sep- Currently, the Black Hawk is providing debate on the fiscal year 2000 DoD au- tember, the Joint Chiefs testified that critical support functions for our thorization bill, we had exactly two there was a dangerous readiness short- armed services in Kosovo. This funding amendments that called a multi-billion fall. General Henry Shelton, chairman will ensure that our military has the dollars weapons system into question. of the Joint Chiefs, claimed that ability to continue its current oper- On this appropriations bill, we had ex- ‘‘without relief, we will see a continu- ations and sustain readiness for future actly two amendments worthy of ex- ation of the downward trends in dangers. tensive debate. Two amendments, Mr. readiness ... and shortfalls in critical I am also extremely pleased that this President. Here we have a defense pol- skills.’’ Army Chief of Staff General legislation represents a significant in- icy that perpetuates a Cold War men- Dennis Reimer stated that the military crease in our commitment to the De- tality into the 21st century, and the faces a ‘‘hollow force’’ without in- fense Health Program. The inclusion of Senate has no questions. creased readiness spending. Chief of $175 million for the breast cancer pro- Mr. President, on the heels of an au- Naval Operations Admiral Jay Johnson gram, and the $75 million for the pros- thorization bill that exemplifies the asserted that the Navy has a $6 billion tate cancer research programs, has spe- Pentagon’s utter failure to adapt its readiness deficit. So it went for all the cial significance for the constituents I priorities to the post-Cold War era, the services. represent. New Jersey’s breast cancer American taxpayer is left holding the To address the readiness shortfall, incidence rate is among the highest in bag paying for the mess. There are a Mr. President, the Congress passed an the Nation; and, more than 1,400 of the number of theories that attempt to ex- emergency supplemental appropria- 6,900 New Jersey men diagnosed with plain the difficulties faced by the tions bill. The bill was well-intentioned prostate cancer die each year. I am armed services. There is a dearth of in its support for the efforts of our men June 8, 1999 CONGRESSIONAL RECORD — SENATE S6691 and women in uniform. Unfortunately, spending priorities is not synonymous table displaying the budget impact of something happened on the way to the with supporting the military. this bill be printed in the RECORD. front lines. The bill spent close to $9 I yield the floor. There being no objection, the table billion, but just $1 billion of it went to Mr. DOMENICI. Mr. President, I was ordered to be printed in the address the readiness shortfall. strongly support S. 1122, the Defense RECORD, as follows: We added $1 billion for ballistic mis- appropriations bill for FY 2000. As sile defense. The Ballistic Missile De- scored with adjustments, the pending S. 1122, DEFENSE APPROPRIATIONS, 2000 SPENDING fense Organization still hasn’t spent all bill provides $264.9 billion in total COMPARISONS—SENATE-REPORTED BILL that money, yet we’ve added another budget authority and $176.9 billion in [Fiscal year 2000, in millions of dollars] $3.5 billion for the BMDO in this bill. new outlays for the Department of De- General Man- Last year’s supplemental also added fense and related activities. When ad- purpose Crime datory Total billions to what has become an ex- justed for outlays from prior years and Senate-reported bill: pected emergency, that being our oper- other actions, the bill totals $263.9 bil- Budget authority ...... 263,722 ...... 209 263,931 ations in Bosnia. That other unex- lion in BA and $254.6 billion in outlays. Outlays ...... 254,409 ...... 209 254,618 Senate 302(b) allocation: pected emergency, the year 2000, re- There are some major elements to Budget authority ...... 263,722 ...... 209 263,931 ceived a billion dollars. And so it went. this bill that are important for the Outlays ...... 254,409 ...... 209 254,618 1999 level: What happened to readiness? Senate for review. Budget authority ...... 250,330 ...... 197 250,527 One provision in this bill casts a pall The bill is consistent with the Bipar- Outlays ...... 248,310 ...... 197 248,507 President’s request: over the readiness needs of our service tisan Balanced Budget Agreement and Budget authority ...... 264,896 ...... 209 265,105 members and highlights, in microcosm, the discretionary spending cap. In fact, Outlays ...... 258,610 ...... 209 258,819 House-passed bill: the Defense Department’s misguided in both budget authority and outlays Budget authority ...... priorities. This appropriations bill will the bill is below the amount that the Outlays ...... SENATE-REPORTED BILL COMPARED spend upwards of $40 million in the Congressional Budget Resolution for TO: next fiscal year, and perhaps as much fiscal year 2000 would contemplate for Senate 302(b) allocation: as half a billion dollars over the next the Defense Subcommittee’s alloca- Budget authority ...... Outlays ...... ten years on luxury jets for four-star tion. This is in recognition of the fact 1999 level: generals. Am I missing something or is that readiness items originally planned Budget authority ...... 13,392 ...... 12 13,404 Outlays ...... 6,099 ...... 12 6,111 this absurd? We actually have more for fiscal year 2000 were accelerated President’s request: than 11,000 troops that qualify for food into fiscal year 1999 in the 1999 Emer- Budget authority ...... (1,174) ...... (1,174) Outlays ...... (4,201) ...... (4,201) stamps and DoD can justify spending gency Kosovo Supplemental, which the House-passed bill: tens of millions of dollars next year for President has signed into law. Budget authority ...... 263,722 ...... 209 263,931 Outlays ...... 254,409 ...... 209 254,618 luxury jets. How can this be? As a result, for budget authority, this Mr. President, one concern goes to bill is $3.1 billion below the allocation Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. the heart of the entire debate on our originally contemplated for it; for out- national defense. The underlying ques- lays it is $2.2 billion below. Because of Mr. BYRD. Mr. President, I commend tion is this: Why should the Pentagon this situation, the allocation approved the able managers of this bill, Senator receive billions dollars more in funding by the Senate Appropriations Com- STEVENS and Senator INOUYE, for pro- when it has failed utterly to manage mittee for defense has been reduced ducing a balanced and comprehensive its budget? Throwing good money after and held for subsequent reallocation. bill that addresses some of the most bad isn’t tolerated at other depart- In addition, this year the defense pressing needs of the U.S. military. ments and agencies. Why is it tolerated budget is once again confronted with a Together with the emergency supple- with DoD? serious mismatch between the DOD/ mental spending bill that Congress Defense Week reported just yesterday OMB and the CBO estimates of the out- sent to the President last month, and that the Navy has lost track of almost lays needed to execute the programs in the Defense authorization bill that the $1 billion worth of ammunition, arms the budget request. CBO’s estimate of Senate passed prior to Memorial Day, and explosives. Additionally, DoD has outlays was $10.5 billion higher than this Defense appropriations bill marks yet to pass an audit. A 1998 GAO audit OMB and DOD’s estimate. a major commitment to our men and couldn’t match more than $22 billion in Because the President’s proposed women in uniform by funding a wide DoD expenditures with obligations; it budget was over the discretionary cap array of vital defense programs. In act- could not find over $9 billion in inven- by such a larch amount, compensating ing quickly and decisively on these tory; and it documented millions in for the OMB and DOD undercount of three bills, the Senate has sent a overpayments to contractors. GAO outlays would require very large reduc- strong message of support to the mili- concluded that ‘‘no major part of DoD tions in manpower, procurement, or tary, particularly to those forces cur- has been able to pass the test of an readiness, or all three. Cuts like that rently engaged in the air war over independent audit.’’ are simply not acceptable, especially in Yugoslavia. That support is richly de- Mr. President, this bill also has some view of the conflict in the Balkans. To served. Once again, America’s military painful implications for other federal enable this bill to be considered on a forces have demonstrated their supe- programs. Essentially, we are spending basis commensurate with the Presi- rior skills and leadership in the Balkan tax dollars on a wasteful and misguided dent’s request, an outlay adjustment of conflict. We are indebted to them for defense strategy while domestic pro- that size is included in the scoring of their service and dedication to their grams face steep spending cuts in the this bill. country. upcoming fiscal year. The chairman of the Appropriations This appropriations bill represents a The bill exceeds the Pentagon’s re- Committee has assured me that this strong effort on the part of the man- quest by $1.4 billion. It spends $1.4 bil- action reduces the 2000 outlays short- agers to balance the very real needs of lion more than the Joint Chiefs of Staff age to manageable dimensions and the Defense Department against the believe is sufficient to meet our na- avoids the negative effect on readiness pressing needs of other domestic pro- tional defense needs. And that addi- or modernization that would otherwise grams in the budget. This is a tough tional money is coming out of vital do- be necessary. year for the appropriators. We are mestic programs that were already fac- I strongly support this bill, and I working under very tight budget caps ing spending cuts. urge its adoption. I want to com- to meet a whole host of escalating in- Mr. President, I cannot vote to in- pliment the chairman of the Appropria- frastructure needs—both physical and crease the defense budget by tens of tions Committee on his very skillful human—in this nation. Senator STE- billions of dollars, including tens of handling of this important legislation VENS was able to trim slightly more millions for corporate jets, while the and for his statesmanlike approach to than $3 billion from defense spending budgets for veterans health care, edu- some serious and troubling issues in to allocate to other programs without cation, agriculture and other programs this year’s defense budget. damaging the integrity of this bill. are facing deep cuts. Supporting the Mr. President, I ask unanimous con- Even so, it will be difficult to pass all Defense Department’s misguided sent that a Senate Budget Committee 13 appropriations bills for Fiscal Year S6692 CONGRESSIONAL RECORD — SENATE June 8, 1999 2000 within the constraints of the cur- Roth Smith (NH) Thompson spect to the Y2K agreement and first- Santorum Smith (OR) Thurmond rent budget caps. I do not know what Sarbanes Snowe Torricelli degree amendments on the Democratic the resolution to this problem will be, Schumer Specter Voinovich side: but I commend Senator STEVENS for Sessions Stevens Warner Mr. Hollings, 3 amendments; the steps he has taken so far, and I Shelby Thomas Wyden Mr. Kerry (MA), 1 amendment; look forward to working with him on NAYS—4 Mrs. Boxer, 1 amendment; Mrs. Feinstein, 1 amendment; the remaining appropriations bills. Boxer Kohl Feingold Wellstone Mr. Feingold, 1 amendment; Mr. STEVENS. Mr. President, inad- Mr. Graham, 1 amendment; vertently, at my request, the Senate NOT VOTING—3 Mr. Leahy, 1 amendment; adopted the Domenici amendment Biden Crapo McCain Mr. Dodd, 1 amendment; twice. I ask unanimous consent that it Mr. Edwards, 2 amendments; be in order to vitiate the adoption of The bill (S. 1122), as amended, was Mr. Daschle, 1 amendment. amendment No. 604. It is a duplicate of passed. f (The bill will be printed in a future amendment No. 577. MORNING BUSINESS The PRESIDING OFFICER. Without edition of the RECORD.) objection, it is so ordered. Mr. LOTT. Mr. President, I congratu- Mr. STEVENS. I ask unanimous con- Mr. STEVENS. The bill is ready to be late the bill managers. The Senator sent that the Senate now proceed to a advanced to third reading. from Alaska and the Senator from Ha- period of morning business with Sen- waii always do a magnificent job. This The PRESIDING OFFICER. The bill ators being permitted to speak therein is not a world record for them, but it will be read for the third time. for up to 10 minutes. certainly is a very fine accomplish- The bill (S. 1122) was read the third The PRESIDING OFFICER. Without ment. I am very pleased that we have time. objection, it is so ordered. passed this Department of Defense ap- Mr. STEVENS. Mr. President, I once f propriations bill in such good order. I again thank all Members of the Senate congratulate the chairman for his lead- TRIBUTE TO LIEUTENANT COLO- for their cooperation with us in han- ership. NEL JEFF SEVERS, UNITED dling this very controversial bill. I Mr. STEVENS. Once again, I thank STATES AIR FORCE thank my constant companion and all Members of the Senate and staff for Mr. LOTT. Mr. President, I would good friend, the cochairman of our De- handling this defense appropriations like to recognize the professional dedi- fense Subcommittee. I yield to him for bill. There is a war going on. We cation, vision, and public service of any comment he might might make be- thought it essential we act as expedi- Lieutenant Colonel Jeff Severs who is fore I ask for the vote. tiously as possible. We thought it was leaving the Air Force Legislative Liai- Mr. INOUYE. I think you have once necessary for us to defend the Senate’s son Office for assignment as the pro- again established a new record. position to the fullest extent possible. gram manager for the Wind Corrected Mr. STEVENS. Mr. President, I ask That unanimous consent request is al- Munitions Dispenser Program at Eglin for the yeas and nays. ready in place. Air Force Base, Florida. It is a privi- The PRESIDING OFFICER. Is there a Parliamentary inquiry: Is there any- lege for me to recognize the many out- sufficient second? thing else I need to do in order to han- standing achievements he has provided There is a sufficient second. dle it according to the prior agree- for the Senate, the Air Force, and our The yeas and nays were ordered. ment? great Nation. The PRESIDING OFFICER. The bill The PRESIDING OFFICER. Not at Lieutenant Colonel Severs has served having been read the third time, the this time. our country with distinction for nearly question is, Shall the bill pass? f 14 years. After graduating from the The yeas and nays have been ordered. University of Georgia in 1985, he em- The clerk will call the roll. UNANIMOUS CONSENT barked on his Air Force Career with a The assistant legislative clerk called AGREEMENT—S. 96 training assignment at Keesler Air the roll. Mr. LOTT. I ask unanimous consent Force Base, Mississippi. He subse- Mr. NICKLES. I announce that the that the cloture vote scheduled to quently completed tours of duty at Senator from Idaho (Mr. CRAPO), and occur with respect to S. 96, the Y2K li- McClellan Air Force Base, California; the Senator from Arizona (Mr. ability bill, on Wednesday, be vitiated, Wright-Patterson Air Force Base, Ohio; MCCAIN), are necessarily absent. and following the conclusion of the de- Los Angeles Air Force Base, California; Mr. REID. I announce that the Sen- fense appropriations bill the Senate re- and back again to Wright-Patterson ator from Delaware (Mr. BIDEN), is ab- sume S. 96. I further ask that following Air Force Base. In each of his Air sent due to a death in the family. the reporting of the bill by the clerk, Force assignments, Lieutenant Colonel The result was announced—yeas 93, all pending floor amendments and mo- Severs’ performance has been out- nays 4, as follows: tions be withdrawn, and Senator standing. [Rollcall Vote No. 158 Leg.] MCCAIN be immediately recognized to Lieutenant Colonel Severs began his YEAS—93 modify the pending committee sub- tour on Capitol Hill as a legislative fel- Abraham Dodd Johnson stitute with the text of S. 1138 and all low assigned to the office of my es- Akaka Domenici Kennedy remaining amendments in order to S. teemed colleague from Oklahoma, Sen- Allard Dorgan Kerrey 96 be relevant to the Y2K issue. ator JIM INHOFE. During this assign- Ashcroft Durbin Kerry Finally, I ask consent that there be ment, he worked on the fiscal year 1998 Baucus Edwards Kyl Bayh Enzi Landrieu 12 first-degree amendments in order for Defense authorization bill. After his as- Bennett Feinstein Lautenberg each side of the aisle, with relevant signment with Senator INHOFE, Lieu- Bingaman Fitzgerald Leahy second-degree amendments, and one tenant Colonel Severs was reassigned Bond Frist Levin Breaux Gorton Lieberman additional first-degree amendment in to the Air Force Office of Legislative Brownback Graham Lincoln order for each leader under the same Liaison in the Pentagon. Bryan Gramm Lott terms as outlined above. Initially, he was responsible for ac- Bunning Grams Lugar This has been discussed with the quisition and logistics issues and was Burns Grassley Mack Byrd Gregg McConnell Democratic leader and cleared on both responsible for preparing the Secretary Campbell Hagel Mikulski sides of the aisle. I thank the Senator of the Air Force and Chief of Staff of Chafee Harkin Moynihan from Oregon, Mr. WYDEN, for his help the Air Force for posture testimony. Cleland Hatch Murkowski Cochran Helms Murray on this very important issue. He was then selected to be the Execu- Collins Hollings Nickles The PRESIDING OFFICER. Without tive Officer to the Director of Air Conrad Hutchinson Reed objection, it is so ordered. Force Legislative Liaison followed Coverdell Hutchison Reid Mr. DASCHLE. Mr. President, I ask shortly thereafter by his reassignment Craig Inhofe Robb Daschle Inouye Roberts unanimous consent that the following as Deputy Chief of the Air Force Sen- DeWine Jeffords Rockefeller list be printed in the RECORD with re- ate Liaison Office. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6693 Lieutenant Colonel Severs has earned THE VERY BAD DEBT BOXSCORE S. 744 the respect and trust of many of my Mr. HELMS. Mr. President, at the Mr. MURKOWSKI. Mr. President, colleagues on both sides of the aisle. close of business yesterday, Monday, today I rise to speak briefly on a bill His professional abilities and expertise June 7, 1999, the federal debt stood at reported out of the Senate Committee enabled him to foster excellent work- $5,606,738,885,838.87 (Five trillion, six on Energy and Natural Resources on ing relationships that have served the hundred six billion, seven hundred thir- May 19, 1999. S. 744 provides for the Air Force and the Senate exceptionally ty-eight million, eight hundred eighty- continuation of higher education well. As a liaison officer in the Senate, five thousand, eight hundred thirty- through the conveyance of certain Lieutenant Colonel Severs has provided eight dollars and eighty-seven cents). lands in the State of Alaska to the Uni- Five years ago, June 7, 1994, the fed- members and staff with informative versity of Alaska, and for other pur- eral debt stood at $4,606,572,000,000 and timely support regarding Air Force poses. (Four trillion, six hundred six billion, The purpose of S. 744 is to provide plans, programs, and constituent case- five hundred seventy-two million). work. His efforts have contributed Alaska’s federal land grant college, the Ten years ago, June 7, 1989, the fed- University of Alaska, with a federal greatly to maintaining the best eral debt stood at $2,795,983,000,000 (Two land grant of at least 250,000 acres. S. trained, best equipped, and best pre- trillion, seven hundred ninety-five bil- 744 would also transfer to the federal pared Air Force in the world. lion, nine hundred eighty-three mil- government 29 inholdings currently lion). Mr. President, Jeff Severs, his wife, owned by the University within con- Fifteen years ago, June 7, 1984, the servation system units in Alaska. Gay, and children, Hugh and Brooke, federal debt stood at $1,519,266,000,000 have made many sacrifices during his (One trillion, five hundred nineteen bil- When this bill was passed out of Com- 14-year Air Force career. He continues lion, two hundred sixty-six million). mittee it was done so with an amend- to serve with a dedication and enthu- Twenty-five years ago, June 7, 1974, ment that clarified the lands the Uni- siasm seen only in our Nation’s best the federal debt stood at $471,794,000,000 versity was to relinquish under Section and brightest. He is a great credit to (Four hundred seventy-one billion, 3 of the bill. Those lands are listed in a document entitled ‘‘The University of the Air Force and the country, and his seven hundred ninety-four million) Alaska’s Inholding and Reconveyance efforts on behalf of members and staff which reflects a debt increase of more Document’’ and dated May 17, 1999. of the Senate will be greatly missed. As than $5 trillion—$5,134,944,885,838.87 I ask unanimous consent a copy of he now departs for new challenges at (Five trillion, one hundred thirty-four billion, nine hundred forty-four mil- this document be printed in today’s Eglin Air Force Base, I call upon my lion, eight hundred eighty-five thou- CONGRESSIONAL RECORD. colleagues on both sides of the aisle to sand, eight hundred thirty-eight dol- There being no objection, the mate- recognize his service to the Senate and lars and eighty-seven cents) during the rial was ordered to be printed in the wish him well in his new assignment. past 25 years. RECORD, as follows: THE UNIVERSITY OF ALASKA’S INHOLDING RECONVEYANCE DOCUMENT, MAY 17, 1999

Region Area UA ID Number Booked value Acres Federal land type

South Central ...... Alaska Peninsula ...... AP.IH.001 ...... $15,000 ...... 8 AK Peninsula & Maritime National Wildlife Refuge. South Central ...... Alaska Peninsula ...... AP.UL.001 ...... 36,000 ...... 360 AK Peninsula & Maritime National Wildlife Refuge. South Central ...... Alaska Peninsula ...... AP.UL.002 ...... 16,000 ...... 8 AK Peninsula & Maritime National Wildlife Refuge. South Central ...... Alaska Peninsula ...... AP.WB.001 ...... 373,200 ...... 622 AK Peninsula & Maritime National Wildlife Refuge. South Central ...... Alaska Peninsula ...... AP.WB.002 ...... 5,600 ...... 56 AK Peninsula & Maritime National Wildlife Refuge. South Central ...... Nuka Island ...... HM.NK.001 ...... 76,500 ...... 23 Kenai Fjords National Park. South Central ...... Nuka Island ...... HM.NK.002 ...... 150,000 ...... 24 Kenai Fjords National Park. Southeast ...... Brady Glacier ...... JU.BG.0001 ...... 15,000,000 ...... 400 Glacier Bay National Park. South Central ...... Jack Bay ...... GU.JB.0001 ...... 600,000 ...... 942 Chugach National Forest. Southeast ...... Cape Bingham ...... JU.CB.0001 ...... 1,650,000 ...... 835 Tongass National Forest. South Central ...... Copper Basin ...... CB.CC.001 ...... 36,400 ...... 108 Wrangell St. Elias National Park & Perserve. South Central ...... Blackburn Subd ...... WR.BB.001 ...... 25,000 ...... 5 Wrangell St. Elias National Park & Perserve. South Central ...... Blackburn Subd ...... WR.BB.002 ...... 85,000 ...... 17 Wrangell St. Elias National Park & Perserve. South Central ...... Blackburn Subd ...... WR.BB.003 ...... 10,000 ...... 2 Wrangell St. Elias National Park & Perserve. South Central ...... Blackburn Subd ...... WR.BB.004 ...... 170,000 ...... 34 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy Creek Subdivison .. WR.MC.001–094 ...... 2,015,775 ...... 867 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.003 ...... 614,466 ...... 1,058 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.004 ...... 192,000 ...... 320 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.005 ...... 1,344,000 ...... 2,240 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.006 ...... 384,000 ...... 640 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.007 ...... 240,000 ...... 400 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.008 ...... 223,200 ...... 372 Wrangell St. Elias National Park & Perserve. South Central ...... McCarthy ...... WR.MY.009 ...... 240,000 ...... 400 Wrangell St. Elias National Park & Perserve. South Central ...... Strelna ...... WR.SN.001 ...... 240,000 ...... 400 Wrangell St. Elias National Park & Perserve. South Central ...... Strelna ...... WR.SN.002 ...... 871,200 ...... 1,452 Wrangell St. Elias National Park & Perserve. South Central ...... Strelna ...... WR.SN.004 ...... 254,400 ...... 424 Wrangell St. Elias National Park & Perserve. South Central ...... Wrangell Glaciers ...... WR.WG.001 ...... 800 ...... 20 Wrangell St. Elias National Park & Perserve. South Central ...... Wrangell Glaciers ...... WR.WG.002 ...... 5,439 ...... 136 Wrangell St. Elias National Park & Perserve. South Central ...... Wrangell Glaciers ...... WR.WG.003 ...... 100 ...... 103 Wrangell St. Elias National Park & Perserve. South Central ...... Wrangell Glaciers ...... WR.WG.004 ...... 100 ...... 82 Wrangell St. Elias National Park & Perserve. South Central ...... Orange Hill ...... WR.OII.001 ...... 225,000 ...... 1,600 Wrangell St. Elias National Park & Perserve. Totals ...... 25,189,130 ...... 13,552

SUMMARY came to know the importance of wom- And because women make many of en’s health early in life. Some of you the health care decisions for families, Federal conservation system unit Values Acres may know that my mother suffered their decisions touch the health of AK Peninsula & Maritime National Wildlife Ref- from tuberculosis. Back in those days, many people—children, spouses, elder- uge ...... $445,800 1,054 Chugach National Forest ...... 600,000 942 patients with TB had to be isolated, so ly parents and relatives. In this great Glacier Bay National Park ...... 15,000,000 400 my mother was living in a sanatorium. country of ours, where we emphasize Kenai Fjords National Park ...... 226,500 47 Tongass National Forest ...... 1,690,000 835 I could not see her in person, only personal responsibility, good health Wrangell St. Elias National Park & Perserve ...... 7,226,880 10,680 through the windows. care decisions are fundamental to qual- Total ...... 25,189,189 13,958 In the past, women’s health did not ity health. f receive the attention it deserves. I be- As medical science advances into new lieve it is time to change that. If we territory, expanded choices will give WOMEN’S HEALTH are to eliminate the diseases that espe- women unprecedented opportunities to Mr. CAMPBELL. Mr. President, I cially afflict women today, we will live better and longer lives, and to af- take this opportunity today to call my need real dedication to the task of de- fect the quality of health care in our colleagues’ attention to the impor- veloping new treatments and preven- country. Women will be called upon to tance of women’s health care issues. I tion techniques. take charge of their own health as well S6694 CONGRESSIONAL RECORD — SENATE June 8, 1999 as to demand medical excellence for 10:20 a.m.—Break. ant Surgeon General, Rear Admiral, and their families. Only with the help of 10:35 a.m.—Panel II: Mind and Body Con- Senior Science Advisor in the Department of such informed decision makers will we nections—Moderator: Adele Arakawa, Chan- Health and Human Services. She is also a nel 9 News Anchor— be able to develop policies which assure Clinical Professor of Psychiatry at George- Your Mind and Moods: Dealing with De- town School of Medicine and Tufts Univer- all Americans access to affordable, pression—Maria deMontigny Korb, RN, PhD; sity Medical Center. For 12 years prior to her quality health care. The Fear of Being Fat: Eating Disorders— appointment as Assistant Surgeon General, In an effort to highlight women’s Judy Stauter Huse, RD, MS; she directed major national research pro- health care and to make women aware How to Change with the Change of Life— grams at the National Institutes of Health. of the health care choices that are Meredith Mayer, RN, MS, FNP. Dr. Blumenthal writes a monthly health col- available to them, I recently co-hosted 11:35 a.m.—Getting the Best Care: How You umn for Elle magazine. Can Be An Advocate (Legislative Initiatives Raissa Geary is a professional staff mem- a forum, Health Care: What Every and Solutions)—Raissa Geary, MA, Profes- Woman Should Know, with our former ber for the U.S. Senate Health, Education, sional Staff, U.S. Senate Health, Education, Labor and Pensions Committee. She received colleague in the Senate, Hank Brown, Labor and Pensions Committee. a BA from the University of Connecticut and now President of the University of Noon—Lunch: Guest Speaker: Susan holds a Master’s Degree in Comparative Poli- Northern Colorado. The conference fea- Blumenthal, MD, MPA, Assistant Surgeon tics from American University. Ms. Geary tured a number of panelists who dis- General—‘‘Critical Public Health Issues for develops and drafts health legislation and cussed the latest research and treat- Women in the 21st Century’’. agency directives and advises the committee ment of various kinds of cancer as well 1:00 p.m.—Closing Remarks: Senator Ben on all health issues. Her work during the Nighthorse Campbell. as depression and eating disorders. 106th Congress includes Managed Care Re- UNIVERSITY OF NORTHERN COLORADO, form and Medical Records Confidentiality. Legislative initiatives and solutions Greeley, CO, June 1999. PANELISTS were also part of the forum agenda. GREETINGS: It is my pleasure to extend Mr. President, I ask unanimous con- warm greetings and welcome you to this Susan Carter is a gynecologic surgeon, spe- sent that a copy of the forum agenda forum on Health Care: What Every Woman cializing in women’s health issues. She re- ceived a BA from the University of Texas, and an article from the Greeley Trib- Should Know. The University is proud to co- sponsor this event with Senator Ben Austin and an MD from the University of une newspaper highlighting remarks of Texas Medical Branch in Galveston. Dr. the keynote speaker Assistant Surgeon Nighthorse Campbell and the College of Health and Human Sciences. The College is Carter is Director of the Regional Breast General Susan Blumenthal be printed dedicated to improving the human condition Center of North Colorado and Medical Direc- in the CONGRESSIONAL RECORD. through its educational programs and fosters tor of the Rocky Mountain Cancer Rehabili- There being no objection, the mate- a desire of ‘‘giving back’’ to the community. tation Institute. rial was ordered to be printed in the This is a special occasion for the Univer- Jan Martin has worked with the University of Northern Colorado School of Nursing for RECORD, as follows: sity of Northern Colorado and a sign of our commitment to be an educational partner over 14 years. She received a BS in nursing HEALTH CARE: WHAT EVERY WOMAN SHOULD from Northwestern Louisiana University; an KNOW with other community. I would like to ac- knowledge the North Colorado Medical Cen- MS in nursing and GNP from the University Sponsored by Senator Ben Nighthorse Camp- ter, Inc. and the Western Plains Health Net- of Colorado Health Sciences Center; and a bell and the University of Northern Colo- work who serve as partners in this important PhD in Higher Education Administration rado) forum. We hope to expand our partnerships from the University of Denver. U.S. SENATE, with other institutions and communities to Alison S. Merrill teaches nursing at the Washington, DC, June 3, 1999. truly reflect our University mission in University of Northern Colorado and is a DEAR FRIENDS: Thank you for attending to- teaching, research, and service throughout Clinical Nurse Specialist in Oncology. She day’s forum, Health Care: What Every the State of Colorado. received a BS in Nursing from the University Woman Should Know. I am honored to co- The forum is designed to help you: recog- of Rhode Island and an MS in Nursing from host this event with the University of North- nize the warning signs and be aware of fac- the University of Michigan. ern Colorado, and I hope today’s forum pro- tors that affect your well-being; take respon- Meredith Mayer is a nurse practitioner and vides you with knowledge to ensure a sibility for making wise decisions about your faculty member at the North Colorado Fam- healthier life for you and your families. treatment and recovery; and, how to be an ily Medicine Residency Training program in I have always worked to ensure access to active, well-informed partner in health care. Greeley, CO. She received a BS in psychology affordable, high quality health care. Wom- Your attitude, knowledge and involvement at the University of Colorado in Boulder and en’s health has historically received little in the health care partnership can influence an MS in Nursing at Pace University in attention and it is time that we correct that. the progress of treatment and rehabilitation. Briarcliff Manor, NY. Judy Stauter Huse is a Health Education Because women are the primary care givers This forum can help you make a difference. and make most of the health care decisions We hope you will find this forum a fine re- and Nutrition Consultant, specializing in for families, it is important to make women source for the knowledge necessary to dispel wellness and eating disorders. She received aware of the advances that are taking place old myths, quiet new anxieties, and provide her BS and MS from Iowa State University in the areas of research, detection, treat- information that all women need about their and has taught nutrition at the North Colo- ment and prevention. health care. rado Medical center and the University of Personal health choices are fundamental Sincerely, Northern Colorado. Maria deMontigny Korb is on faculty at to quality health care. Today’s forum will HANK BROWN, the University of Northern Colorado Depart- highlight approaches that can lead to early President. intervention, less invasive and less expensive ment of Nursing. She studied for a Master’s MODERATORS treatment and cost-saving strategies. Degree and PhD in Transcultural Nursing at I sincerely hope you will use what you Adele Arakawa is an anchor for Channel 9 the University of Utah and has worked and learn today to make positive health care News, the Gannett-owned NBC affiliate. She taught in the clinical area of psychiatric choices. attended Tennessee Tech University and the nursing. Sincerely, University of Tennessee and has been in BEN NIGHTHORSE CAMPBELL, broadcasting since the age of 16. She won WOMEN’S HEALTH GETS MORE ATTENTION— U.S. Senator. best-anchor in 1997 for coverage of the Okla- ASSISTANT SURGEON GENERAL SPEAKS ON homa City Bombing Trial and has received a ADVANCES AGENDA total of 7 Emmy nominations. (By Adam Silverman) 8:30 a.m.—Registration Confirmation: Cof- Kim Christiansen is an anchor and reporter Although mammograms are responsible for fee, fruit, bagels. for Channel 9 News, the Gannett-owned NBC saving the lives of thousands of women every 9:00 a.m.—Welcome: UNC President Hank affiliate. She received a degree in Jour- year, the technology is 40 years old and still Brown and Senator Ben Nighthorse Camp- nalism from the University of Colorado in misses crucial early warning signs of breast bell. Boulder. Kim is devoted to the fight against cancer. 9:15 a.m.—Panel I: Confronting the ‘‘C’’ breast cancer and serves as the spokesperson That was the challenge facing Susan Word—Moderator: Kim Christiansen, Chan- for the Buddy Check 9 program at 9 News, Blumenthal, assistant surgeon general of the nel 9 News Anchor. which was nominated for a national commu- United States. Rather than waiting for new Saving Your Skin: Skin Cancer—Jim Mar- nity service Emmy Award. She received technology to be developed, she called the tin, PhD, GNP; three heartland region Emmy awards for The Capricious Cancer: Breast Cancer—Ali- CIA. Together with NASA and the CIA, news writing and outstanding general news. son Merrill, RN, MS; Blumenthal used spy-satellite technology to The Silent Cancer: Ovarian Cancer—Susan SPEAKERS improve the success of mammograms. Carter, MD; Susan J. Blumenthal, MD, MPA is a na- ‘‘Some of the same imaging technology Survival and Beyond: Cancer Rehabilita- tional expert in women’s health and mental used to find tanks camouflaged behind trees tion—Susan Carter, MD. illness. Dr. Blumenthal serves as U.S. Assist- can now be used to find cancer cells,’’ she June 8, 1999 CONGRESSIONAL RECORD — SENATE S6695 said. Blumenthal was in Greeley on Thurs- Know your health care plan and make sure MEASURE REFERRED day to deliver the keynote address at a con- to read the fine print. The following bill was read the first ference about women’s health. Mr. CAMPBELL. Mr. President, in- and second times by unanimous con- The conference, held at the University of formation we received at the forum sent and referred as indicated: Northern Colorado, featured a variety of will be helpful in my work on the Ap- panelists who discussed everything from ano- propriations Committee as we consider H.R. 1915. An act to provide grants to the rexia to breast cancer to political action. funding priorities in the women’s States to improve the reporting of unidenti- Blumenthal delivered a ‘‘report card’’ on fied and missing persons; to the Committee women’s health in the country today: The health area. on the Judiciary. biggest problem facing women isn’t any one I thank the Chair and yield the floor. f disease, but instead is a lack of focus on women’s health. f EXECUTIVE AND OTHER ‘‘We must address these issues if we want COMMUNICATIONS to safeguard women’s health,’’ she said. The problem stems from the fact that MESSAGES FROM THE PRESIDENT The following communications were women’s health issues also are political Messages from the President of the laid before the Senate, together with issues, said Raissa Geary, a member of the United States were communicated to accompanying papers, reports, and doc- U.S. Senate’s Health, Education, Labor and the Senate by Mr. Williams, one of his uments, which were referred as indi- Pensions Committee. secretaries. cated: ‘‘This is more politically charged than al- EXECUTIVE MESSAGES REFERRED EC–3384. A communication from the Sec- most anything we do,’’ she said. ‘‘We’re retary of Health and Human Services, trans- treated as a political issue when it comes to As in executive session the Presiding mitting, pursuant to law, a report entitled health care. We have wonderful, pure ap- Officer laid before the Senate messages ‘‘Eliminating Racial and Ethnic Disparities proaches to women’s health care policy, but from the President of the United in Health’’; to the Committee on Health, it’s not in a vacuum.’’ States submitting sundry nominations Education, Labor, and Pensions. Although women’s health is not being dis- which were referred to the Committee EC–3385. A communication from the Pro- cussed as often as most women would like, on Banking, Housing, and Urban Af- gram Analyst, Office of the Chief Counsel, awareness of health problems facing women Federal Aviation Administration, Depart- has increased in the past century, fairs. (The nominations received today are ment of Transportation, transmitting, pur- Blumenthal said. suant to law, the report of a rule entitled For many years, serious health problems printed at the end of the Senate pro- ‘‘Amendment of Class E Airspace; Thomson, such as heart disease and lung cancer were ceedings.) GA: Docket No. 99–ASO–45–17 (5–17)’’ thought only to occur in men. But through (RIN2120–AA66) (1999–0176), received May 17, increasing research in women’s health f 1999; to the Committee on Commerce, issues, Blumenthal said, concerns such as Science, and Transportation. these are being discussed. MESSAGES FROM THE HOUSE EC–3386. A communication from the Pro- Also, it’s important to include women and gram Analyst, Office of the Chief Counsel, minorities in all research projects relating At 4:00 p.m., a message from the Federal Aviation Administration, Depart- to health issues that affect women as well as House of Representatives, delivered by ment of Transportation, transmitting, pur- men, Blumenthal said. Programs that don’t one of its reading clerks, announced suant to law, the report of a rule entitled include women will lose their federal fund- that the House has passed the fol- ‘‘Standard Instrument Approach Procedures; ing. Miscellaneous Amendments (22), Amdt. No. Marianne Dinges attended the conference lowing bills, in which it requests the concurrence of the Senate: 1931/5–21 (5–24)’’ (RIN2120–AA65) (1999–0026), Thursday and said the experience was valu- received May 24, 1999; to the Committee on able. She said she was impressed with the H.R. 1259. An act to amend the Congres- Commerce, Science, and Transportation. quality of the speakers and the topics they sional Budget Act of 1974 to protect Social EC–3387. A communication from the Pro- were scheduled to discuss. Security surpluses through strengthened gram Analyst, Office of the Chief Counsel, ‘‘It appeared we were going to see a full budgetary enforcement mechanisms. Federal Aviation Administration, Depart- gamut of issues and their political rel- H.R. 1915. An act to provide grants to the ment of Transportation, transmitting, pur- evance,’’ she said. ‘‘A lot of us are involved States to improve the reporting of unidenti- suant to law, the report of a rule entitled in women’s issues and hear a lot about this, fied and missing persons. ‘‘Standard Instrument Approach Procedures; but we all got new information.’’ The message also announced that the Miscellaneous Amendments (65), Amdt. No. The conference was sponsored by UNC and House agrees to the amendment of the 1930/5–21 (5–24)’’ (RIN2120–AA65) (1999–0025), U.S. Sen. Ben Nighthorse Campbell, R-Colo. received May 24, 1999; to the Committee on Campbell said his staff pitched the idea to Senate to the bill (H.R. 435) to make miscellaneous and technical changes to Commerce, Science, and Transportation. UNC after receiving many calls from women EC–3388. A communication from the Spe- about health issues. various trade laws, and for other pur- cial Assistant to the Chief, Mass Media Bu- ‘‘It came from the community activists poses. reau, Federal Communications Commission, who wanted me to do it,’’ he said. The message further announced that transmitting, pursuant to law, the report of The issues addressed at the conference pursuant to section 334(b)(1) of Public a rule entitled ‘‘1998 Biennial Regulatory Re- need to be at the forefront of public debate, Law 105–220 and the order of the House view-Streamlining of Radio Technical Rules Campbell said. of Thursday, May 27, 1999, and upon the in Parts 73 and 74 of the Commission’s Rules- He said he will take the information back First Report and Order’’ [MM Docket No. 98– to Washington, D.C., and enter it into the recommendation of the Minority Lead- er, the Speaker appoints the following 93), (RIN3060–AG81), (FCC 99–55), received Congressional Record. He also wants to start May 12, 1999; to the Committee on Com- a series of forums like the one Thursday to member on the part of the House to the merce, Science, and Transportation. further address the issues. Twenty-First Century Workforce Com- EC–3389. A communication from the Spe- ‘‘We just touched the surface of women’s mission: Mr. David L. Stewart of St. cial Assistant to the Chief, Mass Media Bu- health,’’ he said. ‘‘The time to endure is Louis, Missouri. reau, Federal Communications Commission, passed. It’s time to fight back.’’ The message also announced that transmitting, pursuant to law, the report of HEALTHY LIVING pursuant to the provisions of 22 U.S.C. a rule entitled ‘‘Amendment of Section Susan Blumenthal, assistant U.S. surgeon 276d, the Speaker appoints the fol- 73.202(b), Table of Allotments, FM Broadcast general, gave these tips for healthy lives: lowing Members of the House to the Stations. [Meyersdale, Pennsylvania; Find a doctor who respects you. Richwood, West Virginia; Newell, Iowa; Su- Know your family health history; many Canada-United States Interparliamen- perior, Wyoming; LaCenter, Kentucky; diseases are genetic and run in families. tary Group, in addition to Mr. HOUGH- Lovell, Wyoming; Royal City, Washington)’’ If you smoke, stop. If you don’t, never do. TON of New York, Chairman, appointed [MM Docket Nos. 98–28; 98–33, 98–71; 98–109; It’s the No. 1 preventable cause of health on February 11, 1999: Mr. GILMAN of 98–114; 98–116; 98–150), received May 12, 1999; problems among women. New York, Vice Chairman, Mr. OBER- to the Committee on Commerce, Science, Exercise or do some other sort of physical STAR of Minnesota, Mr. SHAW of Flor- and Transportation activity at least 30 minutes every day. This ida, Mr. LIPINSKI of Illinois, Ms. EC–3390. A communication from the Spe- could be as simple as riding a bike or walk- cial Assistant to the Chief, Mass Media Bu- SLAUGHTER of New York, Mr. UPTON of ing up stairs rather than using the elevator. reau, Federal Communications Commission, Eat smart. Michigan, Mr. STEARNS of Florida, Mr. transmitting, pursuant to law, the report of Get annual physical exams, and make sure PETERSON of Minnesota, Ms. DANNER of a rule entitled ‘‘Memorandum Opinion and to include routine women’s health tests such Missouri, Mr. MANZULLO of Illinois, and Order—Implementation of Section 309(j) of as pap smears. Mr. ENGLISH of Pennsylvania. the Communications Act’’ [MM Docket No. S6696 CONGRESSIONAL RECORD — SENATE June 8, 1999 97–234, CG Docket No. 92–52 and Gen Docket tion, Department of Commerce, transmit- Commission, transmitting, pursuant to law, No. 90–264), received May 13, 1999; to the ting, pursuant to law, the report of a rule en- the report of the Office of Inspector General Committee on Commerce, Science, and titled ‘‘American Meteorological Society’s for the period October 1, 1998 through March Transportation Industry/Government Scholarship and Fel- 31. 1999; to the Committee on Governmental EC–3391. A communication from the Spe- lowship Program’’ (RIN0648–ZA61), received Affairs. cial Assistant to the Chief, Mass Media Bu- May 14, 1999; to the Committee on Com- EC–3409. A communication from the Ad- reau, Federal Communications Commission, merce, Science, and Transportation. ministrator, U.S. Small Business Adminis- transmitting, pursuant to law, the report of EC–3400. A communication from the Dep- tration, transmitting, pursuant to law, the a rule entitled ‘‘Amendment of Section uty Director, National Institute of Stand- annual report for fiscal year 1998; to the 72.202(b), Table of Allotments, FM Broadcast ards and Technology, Department of Com- Committee on Governmental Affairs. Stations (East Brewton, Alabama and merce, transmitting, pursuant to law, the re- EC–3410. A communication from the Acting Navarre, Florida)’’ [MM Docket No. 97–233, port of a rule entitled ‘‘Notice of Avail- Director, United States Information Agency, received May 13, 1999; to the Committee on ability of Funds for Cooperative Agreements transmitting, pursuant to law, the report of Commerce, Science, and Transportation to Provide Fellowships for Undergraduate, the Office of Inspector General for the period EC–3392. A communication from the Spe- Graduate, and Post-Graduate Students’’ October 1, 1998 through March 31, 1999; to the cial Assistant to the Chief, Mass Media Bu- (RIN0693–ZA29), received May 12, 1999; to the Committee on Governmental Affairs. reau, Federal Communications Commission, Committee on Commerce, Science, and EC–3411. A communication from the Sec- transmitting, pursuant to law, the report of Transportation. retary of Health and Human Services, trans- a rule entitled ‘‘Amendment of Section EC–3401. A communication from the Acting mitting, pursuant to law, the HHS section of 72.202(b), Table of Allotments, FM Broadcast Director, Office of Sustainable Fisheries, Na- the Office of Inspector General’s semiannual Stations (Ely and Carlin, NV)’’ [MM Docket tional Marine Fisheries Service, Department report for the period October 1, 1998 through No. 98–185), received May 13, 1999; to the of Commerce, transmitting, pursuant to law, March 31, 1999; to the Committee on Govern- Committee on Commerce, Science, and the report of a rule entitled ‘‘Closure of the mental Affairs. Transportation Gulf of Alaska to Directed Fishing for EC–3412. A communication from the Direc- EC–3393. A communication from the Chief, Groundfish by Vessels Using Hook-and-Line tor, Office of Government Ethics, transmit- Regulations and Administrative Law, U.S. Gear’’, received May 19, 1999; to the Com- ting, pursuant to law, the report of a rule en- Coast Guard, Department of Transportation, mittee on Commerce, Science, and Transpor- titled ‘‘Amendments to the Office of Govern- transmitting, pursuant to law, the report of tation. ment Ethics Freedom of Information Act a rule entitled ‘‘Rules of Practice, Proce- EC–3402. A communication from the Acting Regulations’’ (RIN3209–AA22), received May dure, and Evidence for Administrative Pro- Director, Office of Sustainable Fisheries, Na- 20, 1999; to the Committee on Governmental ceedings of the Coast Guard (USCG–1998– tional Marine Fisheries Service, Department Affairs. 3472)’’ (RIN2115–AF59), received May 24, 1999; of Commerce, transmitting, pursuant to law, EC–3413. A communication from the Direc- to the Committee on Commerce, Science, the report of a rule entitled ‘‘Fisheries of the tor, Administrative Office of the United and Transportation. Northeastern United States—Announcement States Courts, transmitting, pursuant to EC–3394. A communication from the Chief, That the 1999 Summer Flounder Commercial law, the actuarial reports on the Judicial Of- Regulations and Administrative Law, U.S. Quota Has Been Harvested for Maine’’, re- ficers’ Retirement Fund, the Judicial Sur- Coast Guard, Department of Transportation, ceived April 27, 1999; to the Committee on vivors’ Annuities System, and the Court of transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Federal Claims Judges’ Retirement System a rule entitled ‘‘Drawbridge Regulations; EC–3403. A communication from the Chair- for the plan year ending September 30, 1996; Gulf Intracoastal Waterway, TX (CGD–08–99– man, Federal Maritime Commission, trans- to the Committee on Governmental Affairs. 034)’’ (RIN2115–AE479)(1999–0011), received mitting, pursuant to law, the report of a rule EC–3414. A communication from the Audi- May 17, 1999; to the Committee on Com- entitled ‘‘Licensing, Financial Responsi- tor of the District of Columbia, transmit- merce, Science, and Transportation. bility Requirements, and General Duties for ting, pursuant to law, a report entitled EC–3395. A communication from the Senior Ocean Transportation Intermediaries’’ ‘‘Audit of Advisory Neighborhood Commis- Regulations Analyst, U.S. Coast Guard, De- (Docket No. 98–28), received April 29, 1999; to sion 5A for the Period October 1, 1995 partment of Transportation, transmitting, the Committee on Commerce, Science, and through September 30, 1998’’; to the Com- pursuant to law, the report of a rule entitled Transportation. mittee on Governmental Affairs. ‘‘Regatta Regulations; SLR: Cape Fear EC–3404. A communication from the Chair- EC–3415. A communication from the Assist- River, Wilmington, North Carolina (CGD–05– man, Federal Maritime Commission, trans- ant Secretary, Legislative Affairs, Depart- 98–106)’’ (RIN2115–AE46)(1999–0010), received mitting, pursuant to law, the report of a rule ment of State, transmitting, pursuant to April 19, 1999; to the Committee on Com- entitled ‘‘Carrier Automated Tariff Sys- law, the report of a certification of a pro- merce, Science, and Transportation. tems’’ (FMC Docket No. 98–29), received posed Manufacturing and Technical Assist- EC–3396. A communication from the Attor- April 30, 1999; to the Committee on Com- ance Agreement for the Netherlands and ney, Office of the Chief Counsel, Federal merce, Science, and Transportation. Germany; to the Committee on Govern- Aviation Administration, Department of EC–3405. A communication from the Legal mental Affairs. Transportation, transmitting, pursuant to Advisor, Cable Services Bureau, Federal EC–3416. A communication from the Assist- law, the report of a rule entitled ‘‘Alter- Communications Commission, transmitting, ant Secretary, Legislative Affairs, Depart- native Means of Compliance for the Pilot-In- pursuant to law, the report of a rule entitled ment of State, transmitting, pursuant to Command; Night Takeoff and Landing; Re- ‘‘Order on Reconsideration: In the Matter of law, a report relative to the employment of cent Flight Experience Requirements; Final Section 304 of the Telecommunications Act Americans by the United Nations during cal- Rule’’ (RIN2120–AG77), received May 3, 1999; of 1996; Commercial Availability of Naviga- endar year 1998; to the Committee on Gov- to the Committee on Commerce, Science, tional Devices’’ (CS Docket No. 97–80; FCC ernmental Affairs. and Transportation. 99–95), received May 20, 1999; to the Com- EC–3417. A communication from the Assist- EC–3397. A communication from the Attor- mittee on Commerce, Science, and Transpor- ant Secretary, Legislative Affairs, Depart- ney, Research and Special Programs Admin- tation. ment of State, transmitting, pursuant to istration, Department of Transportation, EC–3406. A communication from the Pro- law, the report of a certification of a pro- transmitting, pursuant to law, the report of gram Support Analyst, Aircraft Certification posed manufacturing license for the United a rule entitled ‘‘Hazardous Materials: Revi- Service, Federal Aviation Administration, Kingdom; to the Committee on Govern- sion to Regulations Governing Transpor- Department of Commerce, transmitting, pur- mental Affairs. tation and Unloading of Liquified Com- suant to law, the report of a rule entitled EC–3418. A communication from the Sec- pressed Gas Service’’ (RIN2137–AD07), re- ‘‘Airworthiness Directives; S.N. CENTAIR retary of Defense, transmitting, the report of ceived May 24, 1999; to the Committee on 101 Series Gliders; Docket No. 98–CE–50–AD’’ a retirement; to the Committee on Armed Commerce, Science, and Transportation. (RIN2120–AA64), received May 3, 1999; to the Services. EC–3398. A communication from the Dep- Committee on Commerce, Science, and EC–3419. A communication from the Sec- uty Assistant Administrator for Fisheries, Transportation. retary of Defense, transmitting, pursuant to National Marine Fisheries Service, National EC–3407. A communication from the Pro- law, the Reserve Forces Policy Board annual Oceanic and Atmospheric Administration, gram Support Analyst, Aircraft Certification report for fiscal year 1998; to the Committee Department of Commerce, transmitting, pur- Service, Federal Aviation Administration, on Armed Services. suant to law, the report of a rule entitled Department of Commerce, transmitting, pur- EC–3420. A communication from the Alter- ‘‘Regulations Governing the Taking of Ma- suant to law, the report of a rule entitled nate OSD Federal Register Liaison Officer, rine Mammals by Alaskan Natives; Marking ‘‘Airworthiness Directives; Request for Com- Department of Defense, transmitting, pursu- and Reporting of Beluga Whales Harvested in ments: Eurocopter France Model SA341G and ant to law, the report of a rule entitled ‘‘Im- Cook Inlet’’ (RIN0648–AM57), received May SA342J Helicopters; Docket No. 99 SW 03– plementation of Wildfire Suppression Air- 24, 1999; to the Committee on Commerce, AD’’ (RIN2120–AA64), received May 17, 1999; craft Transfer Act of 1996 (Public Law 104– Science, and Transportation. to the Committee on Commerce, Science, 307)’’ (RIN0790–AG68), received May 18, 1999; EC–3399. A communication from the Assist- and Transportation. to the Committee on Armed Services. ant Administrator for Weather Service, Na- EC–3408. A communication from the Chair- EC–3421. A communication from the Direc- tional Oceanic and Atmospheric Administra- man, United States International Trade tor, Defense Procurement, Department of June 8, 1999 CONGRESSIONAL RECORD — SENATE S6697 Defense, transmitting, pursuant to law, the 27, 1999; to the Committee on Agriculture, Staff, Food and Drug Admimistration, De- report of a rule entitled ‘‘Work Stoppage Re- Nutrition, and Forestry. partment of Health and Human Services, port’’ (DFARS Case 99–D003), received May EC–3432. A communication from the Chief, transmitting, pursuant to law, the report of 27, 1999; to the Committee on Armed Serv- Regulations Unit, Internal Revenue Service, a rule entitled ‘‘Conforming Regulations Re- ices. Department of the Treasury, transmitting, garding Removal of Section 507 of the Fed- EC–3422. A communication from the Direc- pursuant to law, the report of a rule entitled eral Food, Drug and Cosmetic Act; Confirma- tor, Defense Procurement, Department of ‘‘Rev. Rul. 99–26, BLS–LIFO Department tion of Effective Date’’, received May 27, Defense, transmitting, pursuant to law, the Store Indexes-April 1999’’ (Rev. Rul. 99–26), 1999; to the Committee on Health, Education, report of a rule entitled ‘‘Contracts Crossing received May 27, 1999; to the Committee on Labor, and Pensions. Fiscal Years’’ (DFARS Case 99–D008), re- Finance. EC–3444. A communication from the Direc- ceived May 27, 1999; to the Committee on EC–3433. A communication from the Sec- tor, Regulations Policy and Management Armed Services. retary of Labor, transmitting, pursuant to Staff, Food and Drug Administration, De- EC–3423. A communication from the Assist- law, a report entitled the ‘‘Self-Employment partment of Health and Human Services, ant Secretary, Bureau of Export Administra- Assistance Program’’; to the Committee on transmitting, pursuant to law, the report of tion, Department of Commerce, transmit- Finance. a rule entitled ‘‘Regulations for in Vivo ting, pursuant to law, the report of a rule en- EC–3434. A communication from the Reg- Radiopharmaceuticals Used for Diagnosis titled ‘‘Entity List: Addition of Entities Lo- ister of Copyrights, transmitting, pursuant and Monitoring’’ (RIN0910–AB52), received cated in the People’s Republic of China; and to law, a report entitled ‘‘Copyright and Dig- May 27, 1999; to the Committee on Health, Correction to Spelling of One Indian Entity ital Distance Education’’; to the Committee Education, Labor, and Pensions. EC–3445. A communication from the Sec- Name’’ (RIN0694–AB60), received May 27, on the Judiciary. retary of Education and the Secretary of 1999; to the Committee on Banking, Housing, EC–3435. A communication from the Com- Labor, transmitting, pursuant to law, two and Urban Affairs. missioner, Bureau of Reclamation, Depart- reports entitled ‘‘Implementation of the EC–3424. A communication from the Legis- ment of the Interior, transmitting, pursuant School-to-Work Opportunities Act of 1994’’ lative and Regulatory Activities Division, to law, a report relative to the Willow Creek and ‘‘1998 State Profiles’’; to the Committee Comptroller of the Currency, transmitting, Dam, Sun River Project, Montana; to the on Health, Education, Labor, and Pensions. pursuant to law, the report of a rule entitled Committee on Energy and Natural Re- EC–3446. A communication from the Assist- ‘‘Organization and Functions, Availability sources. ant General Counsel for Regulations, Special and Release of Information, Contracting EC–3436. A communication from the Sec- Education and Rehabilitative Services, De- Outreach Program’’, received May 27, 1999; to retary of Energy, transmitting, pursuant to partment of Education, transmitting, pursu- the Committee on Banking, Housing, and law, a report entitled ‘‘Federal Government ant to law, the report of a rule entitled ‘‘Na- Urban Affairs. Energy Management and Conservation Pro- tional Institute on Disability and Rehabili- EC–3425. A communication from the Sec- grams’’ for fiscal year 1996; to the Committee tative Research’’ (84.133), received May 26, retary, Securities and Exchange Commis- on Energy and Natural Resources. 1999; to the Committee on Health, Education, sion, transmitting, pursuant to law, the re- EC–3437. A communication from the Acting Labor, and Pensions. port of a rule entitled ‘‘Exemption of the Se- Assistant General Counsel for Regulatory EC–3447. A communication from the Chair- curities of the Kingdom of Sweden under the Law, Office of Energy Efficiency and Renew- man, Federal Maritime Commission, trans- Securities Act of 1934 for Purposes of Trad- able Energy, Department of Energy, trans- mitting, pursuant to law, a report entitled ing Futures Contracts on Those Securities’’ mitting, pursuant to law, the report of a rule ‘‘Final Annual Performance Plan for Fiscal (RIN3235–AH68), received May 27, 1999; to the entitled ‘‘Alternative Fuel Transportation Year 2000’’; to the Committee on Commerce, Committee on Banking, Housing, and Urban Program’’ (RIN1904–AA99) (10CFR Part 490), Science, and Transportation. Affairs. received May 27, 1999; to the Committee on EC–3448. A communication from the Pro- EC–3426. A communication from the Gen- Energy and Natural Resources. gram Analyst, Office of the Chief Counsel, eral Counsel, Federal Emergency Manage- EC–3438. A communication from the Execu- Federal Aviation Administration, Depart- ment Agency, transmitting, pursuant to law, tive Director, Advisory Council on Historic ment of Transportation, transmitting, pur- the report of a rule entitled ‘‘Changes in Preservation, transmitting, pursuant to law, suant to law, the report of a rule entitled Flood Elevation Determinations, 64 FR 26692, the report of a rule entitled ‘‘Protection of ‘‘Establishment of Class E Airspace; Crocket, 05/17/99’’, received May 26, 1999; to the Com- Historic Properties (36 CFR Part 800)’’ TX; Docket No. 99–ASW–03 [5/24 (5–27)]’’ mittee on Banking, Housing, and Urban Af- (RIN3010–AA04), received May 26, 1999; to the (RIN2120–AA66) (1999–0184), received May 27, fairs. Committee on Energy and Natural Re- 1999; to the Committee on Commerce, EC–3427. A communication from the Gen- sources. Science, and Transportation. eral Counsel, Federal Emergency Manage- EC–3439. A communication from the Direc- EC–3449. A communication from the Pro- ment Agency, transmitting, pursuant to law, tor, Regulations Policy and Management gram Analyst, Office of the Chief Counsel, the report of a rule entitled ‘‘Changes in Staff, Food and Drug Admimistration, De- Federal Aviation Administration, Depart- Flood Elevation Determinations, 64 FR 26694, partment of Health and Human Services, ment of Transportation, transmitting, pur- 05/17/99’’, received May 26, 1999; to the Com- transmitting, pursuant to law, the report of suant to law, the report of a rule entitled mittee on Banking, Housing, and Urban Af- a rule entitled ‘‘Indirect Food Additives: ‘‘Airworthiness Directives: Eurocopter fairs. Polymers’’ (98F–0730), received May 27, 1999; France Model AS 3321.2 Helicopters; Request EC–3428. A communication from the Gen- to the Committee on Health, Education, for Comments; Project No. 98–SW–61 [5/26 (5– eral Counsel, Federal Emergency Manage- Labor, and Pensions. 27)]’’ (RIN2120–AA64) (1999–0232), received ment Agency, transmitting, pursuant to law, EC–3440. A communication from the Direc- May 27, 1999; to the Committee on Com- merce, Science, and Transportation. the report of a rule entitled ‘‘Changes in tor, Regulations Policy and Management EC–3450. A communication from the Pro- Staff, Food and Drug Admimistration, De- Flood Elevation Determinations, 64 FR 26690, gram Analyst, Office of the Chief Counsel, partment of Health and Human Services, 05/17/99 (FEMA Doc. #7284)’’, received May 26, Federal Aviation Administration, Depart- 1999; to the Committee on Banking, Housing, transmitting, pursuant to law, the report of ment of Transportation, transmitting, pur- and Urban Affairs. a rule entitled ‘‘Indirect Food Additives: suant to law, the report of a rule entitled EC–3429. A communication from the Direc- Polymers’’ (98F–0368), received May 27, 1999; ‘‘Airworthiness Directives: Eurocopter tor, Office of Thrift Supervision, Department to the Committee on Health, Education, France Model SA–365N, N1, N2, N3, ans SA– of the Treasury, transmitting, pursuant to Labor, and Pensions. 366G1 Helicopters; Request for Comments; law, the annual Consumer Report for cal- EC–3441. A communication from the Direc- Project No. 98–SW–47 [5/26 (5–27)]’’ (RIN2120– endar year 1998; to the Committee on Bank- tor, Regulations Policy and Management AA64) (1999–0231), received May 27, 1999; to ing, Housing, and Urban Affairs. Staff, Food and Drug Admimistration, De- the Committee on Commerce, Science, and EC–3430. A communication from the Under partment of Health and Human Services, Transportation. Secretary, Rural Development, Department transmitting, pursuant to law, the report of EC–3451. A communication from the Pro- of Agriculture, transmitting, pursuant to a rule entitled ‘‘Indirect Food Additives: gram Analyst, Office of the Chief Counsel, law, the report of a rule entitled ‘‘Commu- Polymers’’, received May 27, 1999; to the Federal Aviation Administration, Depart- nity Programs Guaranteed Loans’’ (RIN0575– Committee on Health, Education, Labor, and ment of Transportation, transmitting, pur- AC17), received May 27, 1999; to the Com- Pensions. suant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- EC–3442. A communication from the Direc- ‘‘Airworthiness Directives: Mooney Aircraft estry. tor, Regulations Policy and Management Corporation Model M20R Airplanes; Request EC–3431. A communication from the Con- Staff, Food and Drug Administration, De- for Comments; Docket No. 99–CE–14 [5/24 (5– gressional Review Coordinator, Regulatory partment of Health and Human Services, 27)]’’ (RIN2120–AA64) (1999–0230), received Analysis and Development, Policy and Pro- transmitting, pursuant to law, the report of May 27, 1999; to the Committee on Com- gram Development, Animal and Plant Health a rule entitled ‘‘Indirect Food Additives: Ad- merce, Science, and Transportation. Inspection Service, Department of Agri- juvants, Production Aids, and Sanitizers’’, EC–3452. A communication from the Pro- culture, transmitting, pursuant to law, the received May 27, 1999; to the Committee on gram Analyst, Office of the Chief Counsel, report of a rule entitled ‘‘Asian Longhorned Health, Education, Labor, and Pensions. Federal Aviation Administration, Depart- Beetle; Addition to Quarantined Areas’’ EC–3443. A communication from the Direc- ment of Transportation, transmitting, pur- (APHIS Docket No. 99–033–1), received May tor, Regulations Policy and Management suant to law, the report of a rule entitled S6698 CONGRESSIONAL RECORD — SENATE June 8, 1999 ‘‘Airworthiness Directives: Boeing Model 737 Committee on Commerce, Science, and tration, Department of Transportation, Series Airplanes; Docket No. 98–NM–383 [5/24 Transportation. transmitting, pursuant to law, the report of (5–27)]’’ (RIN2120–AA64) (1999–0229), received EC–3460. A communication from the Pro- a rule entitled ‘‘Docket No. 97-ANE-58-AD, May 27, 1999; to the Committee on Com- gram Support Specialist, Aircraft Certifi- Amendment 39-11173; AD 99-11-02; Pratt and merce, Science, and Transportation. cation Service, Federal Aviation Adminis- Whitney R-1340 Series Reciprocating En- EC–3453. A communication from the Pro- tration, Department of Transportation, gines’’ (RIN2120-AA64), received May 17, 1999; gram Support Specialist, Aircraft Certifi- transmitting, pursuant to law, the report of to the Committee on Commerce, Science, cation Service, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: and Transportation. tration, Department of Transportation, McDonnell Douglas Helicopter Systems EC–3468. A communication from the Direc- transmitting, pursuant to law, the report of Model 369E, 369FF, 500N, and 600H Heli- tor, Office of Regulatory Management and a rule entitled ‘‘Airworthiness Directives: copters; Docket No. 99-SW-11-AD’’ (RIN2120- Information, Environmental Protection Boeing Model 737–100, –200, –300, –400, and –500 AA64), received May 24, 1999; to the Com- Agency, transmitting, pursuant to law, the Series Airplanes; Docket No. 99–NM–68–AD; mittee on Commerce, Science, and Transpor- report of five rules entitled ‘‘Approval and Amendment 39–11165; AD 99–10–12’’ (RIN2120– tation. Promulgation of Air Quality Implementa- AA64), received May 13, 1999; to the Com- EC–3461. A communication from the Pro- tion Plans; Massachusetts and Rhode Island; mittee on Commerce, Science, and Transpor- gram Support Specialist, Aircraft Certifi- Nitrogen Oxides Budget and Allowance Trad- tation. cation Service, Federal Aviation Adminis- ing Program (FRL #6080-4)’’, ‘‘Approval and EC–3454. A communication from the Pro- tration, Department of Transportation, Promulgation of Air Quality Implementa- gram Support Specialist, Aircraft Certifi- transmitting, pursuant to law, the report of tion Plans; Rhode Island; Amendments to cation Service, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: Air Pollution Control Regulation Number 9 tration, Department of Transportation, Lockheed Model L-1011-385 Series Airplanes; (FRL #6346-6)’’, ‘‘National Emission Stand- transmitting, pursuant to law, the report of Docket No. 98-NM-199-AD; Amendment 39- ards for Hazardous Air Pollutants: Generic a rule entitled ‘‘Airworthiness Directives: 11147; AD 99-09-14’’ (RIN2120-AA64), received Maximum Achievable Control Technology (Generic MACT) (FRL #6346-9)’’, ‘‘OMB Ap- Boeing Model 737–100, –200, –300, –400, and –500 May 3, 1999; to the Committee on Commerce, provals under the Paperwork Reduction Act; Series Airplanes; Docket No. 99–NM–337–AD; Science, and Transportation. Technical Amendments (FRL #6056-6)’’ and Amendment 39–11132; AD 99–08–23’’ (RIN2120– EC–3462. A communication from the Pro- ‘‘Underground Storage Tank Program: Ap- AA64), received May 3, 1999; to the Com- gram Support Specialist, Aircraft Certifi- proved State Petroleum Program for Ten- mittee on Commerce, Science, and Transpor- cation Service, Federal Aviation Adminis- nessee (FRL #6334-7), received May 20, 1999; tation. tration, Department of Transportation, to the Committee on Environment and Pub- EC–3455. A communication from the Pro- transmitting, pursuant to law, the report of lic Works. gram Support Specialist, Aircraft Certifi- a rule entitled ‘‘Airworthiness Directives: EC–3469. A communication from the Direc- cation Service, Federal Aviation Adminis- Empressa Brasileira de Aeronautica S.A. tor, Office of Regulatory Management and tration, Department of Transportation, (EMBRAER) Model EMB-145 Series Air- Information, Office of Policy, Planning and transmitting, pursuant to law, the report of planes; Docket No. 99-NM-104-AD; Amend- Evaluation, Environmental Protection Agen- a rule entitled ‘‘Airworthiness Directives: ment 39-11172; AD 99-11-01’’ (RIN2120-AA64), cy, transmitting, pursuant to law, the report Boeing Model 747 Series Airplanes Equipped received May 17, 1999; to the Committee on of a rule entitled ‘‘Approval and Promulga- With General Electric Model CF6-45 or -50 Commerce, Science, and Transportation. tion of Implementation Plans; Ohio; Des- Series Engines; or Pratt and Whitney Model EC–3463. A communication from the Pro- ignation of Areas for Air Quality Planning JT9D-3, -7, or -70 Series Engines; and 747-E4B gram Support Specialist, Aircraft Certifi- Purposes; Ohio (FRL #6337-5)’’, received May (Military) Airplanes; Docket No. 99-NM-49- cation Service, Federal Aviation Adminis- 4, 1999; to the Committee on Environment AD; Amendment 39-11144; AD 99-09-11’’ tration, Department of Transportation, and Public Works. (RIN2120-AA64), received May 3, 1999; to the transmitting, pursuant to law, the report of EC–3470. A communication from the Direc- Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives: tor, Office of Regulatory Management and Transportation. Bombardier Model CL-600-2B19 (Regional Jet Information, Office of Policy, Planning and EC–3456. A communication from the Pro- Series 100) and CL-600-2B16 (CL-601-3R and Evaluation, Environmental Protection Agen- gram Support Specialist, Aircraft Certifi- CL-604) Series Airplanes; Docket No. 99-NM- cy, transmitting, pursuant to law, the report cation Service, Federal Aviation Adminis- 99-AD; Amendment 39-11170; AD 99-09-52’’ of a rule entitled ‘‘Approval and Promulga- tration, Department of Transportation, (RIN2120-AA64), received May 17, 1999; to the tion of Implementation Plans; Texas; Revi- transmitting, pursuant to law, the report of Committee on Commerce, Science, and sion to the State Implementation Plan (SIP) a rule entitled ‘‘Airworthiness Directives: Transportation. Addressing Sulfur Dioxide in Harris County McDonnell Douglas Model MD-11 Series Air- EC–3464. A communication from the Pro- (FRL #6349-9)’’, received May 26, 1999; to the planes; Docket No. 99-NM-59-AD; Amend- gram Support Specialist, Aircraft Certifi- Committee on Environment and Public ment 39-11136; AD 99-09-04’’ (RIN2120-AA64), cation Service, Federal Aviation Adminis- Works. received May 3, 1999; to the Committee on tration, Department of Transportation, EC–3471. A communication from the Chief, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Regulations Unit, Internal Revenue Service, EC–3457. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Department of the Treasury, transmitting, gram Support Specialist, Aircraft Certifi- Mitsubishi Model YS-11 Series Airplanes; pursuant to law, the report of a rule entitled cation Service, Federal Aviation Adminis- DOT Docket No. 97-NM-92-AD; Amendment ‘‘Group-Term Insurance; Uniform Pre- tration, Department of Transportation, 39-11169; AD 99-10-16’’ (RIN2120-AA64), re- miums’’ (RIN1545-AN54) (TD 8821), received transmitting, pursuant to law, the report of ceived May 17, 1999; to the Committee on June 1, 1999; to the Committee on Finance. a rule entitled ‘‘Airworthiness Directives: Commerce, Science, and Transportation. EC–3472. A communication from the Chief, McDonnell Douglas Model MD-11 Series Air- EC–3465. A communication from the Pro- Regulations Unit, Internal Revenue Service, planes; Docket No. 99-NM-44-AD; Amend- gram Support Specialist, Aircraft Certifi- Department of the Treasury, transmitting, ment 39-11135; AD 99-09-03’’ (RIN2120-AA64), cation Service, Federal Aviation Adminis- pursuant to law, the report of a rule entitled ‘‘Secured Employee Benefits Settlement Ini- received May 3, 1999; to the Committee on tration, Department of Transportation, tiative’’ (Revenue Procedure 99-26), received Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–3458. A communication from the Pro- June 1, 1999; to the Committee on Finance. a rule entitled ‘‘Airworthiness Directives: EC–3473. A communication from the Com- gram Support Specialist, Aircraft Certifi- Industrie Aeronautiche e Meccaniche Model missioner of Social Security, transmitting, cation Service, Federal Aviation Adminis- Piaggio P-180 Airplanes; Docket No. 98-CE- pursuant to law, the 1999 annual report of tration, Department of Transportation, 96-AD’’ (RIN2120-AA64), received May 17, 1999; the Supplemental Security Income Program; transmitting, pursuant to law, the report of to the Committee on Commerce, Science, to the Committee on Finance. a rule entitled ‘‘Airworthiness Directives: and Transportation. EC–3474. A communication from the Chair, McDonnell Douglas Model MD-11 Series Air- EC–3466. A communication from the Pro- Medicare Payment Advisory Commission, planes; Docket No. 99-NM-43-AD; Amend- gram Support Specialist, Aircraft Certifi- transmitting, pursuant to law, a report enti- ment 39-11134; AD 99-09-02’’ (RIN2120-AA64), cation Service, Federal Aviation Adminis- tled ‘‘Selected Medicare Issues’’, dated June received May 3, 1999; to the Committee on tration, Department of Transportation, 1999; to the Committee on Finance. Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–3475. A communication from the Chair- EC–3459. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: man, Federal Election Commission, trans- gram Support Specialist, Aircraft Certifi- Raytheon Aircraft Corporation Beech Models mitting, pursuant to law, the annual report cation Service, Federal Aviation Adminis- 65-90, 65-A90, 65-A90-1, -2, -3, -4, B90, C90, for fiscal year 1998; to the Committee on tration, Department of Transportation, C90A, E90, H90 and F90 Airplanes; Final Rule; Rules and Administration. transmitting, pursuant to law, the report of Request for Comments; Docket No. 99-CE-18- EC–3476. A communication from the Direc- a rule entitled ‘‘Airworthiness Directives; AD’’ (RIN2120-AA64), received May 24, 1999; tor, Regulations Policy and Management Request for Comments; Eurocopter France to the Committee on Commerce, Science, Staff, Department of Health and Human Model AS-350B, B1, B2, B3 BA, and D Heli- and Transportation. Services, transmitting, pursuant to law, the copters and Model AS 355E, F, F1, F2, and N EC–3467. A communication from the Pro- report of a rule entitled ‘‘Indirect Food Addi- Helicopters; Docket No. 98-SW-44-AD;’’ gram Support Specialist, Aircraft Certifi- tives: Adjuvants, Production Aids, and Sani- (RIN2120-AA64), received May 3, 1999; to the cation Service, Federal Aviation Adminis- tizers; Correction’’ (92F–0285), received May June 8, 1999 CONGRESSIONAL RECORD — SENATE S6699 27, 1999; to the Committee on Health, Edu- Pesticide Tolerance (FRL #6081–5), received law, a report relative to the Palestine Lib- cation, Labor, and Pensions. May 27, 1999; to the Committee on Agri- eration Organization; to the Committee on EC–3477. A communication from the Direc- culture, Nutrition, and Forestry. Foreign Relations. tor, Regulations Policy and Management EC–3488. A communication from the Dep- EC–3500. A communication from the Assist- Staff, Department of Health and Human uty Secretary of Defense, transmitting, pur- ant Secretary, Legislative Affairs, Depart- Services, transmitting, pursuant to law, the suant to law, a report relative to the renova- ment of State, transmitting, pursuant to report of a rule entitled ‘‘Direct Food Sub- tion of the Pentagon Reservation; to the law, a report relative to the employment of stances Affirmed as Generally Recognized as Committee on Armed Services. Americans by the United Nations; to the Safe: Cellulase Enzyme Preparation Derived EC–3489. A communication from the Direc- Committee on Foreign Relations. from Trichoderma Longibrachiatum for Use tor, Employment Service, Office of Per- EC–3501. A communication from the Assist- in Processing Food’’ (79G–0372), received May sonnel Management, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- 28, 1999; to the Committee on Health, Edu- to law, the report of a rule entitled ‘‘Reem- ment of State, transmitting, pursuant to cation, Labor, and Pensions. ployment Rights of Employees Performing law, a report relative to the payment of dan- EC–3478. A communication from the Sec- Military Duty’’ (RIN3206–AG02), received ger pay to civilian employees; to the Com- retary of Health and Human Services, trans- May 28, 1999; to the Committee on Govern- mittee on Foreign Relations. mitting, pursuant to law, a report entitled mental Affairs. EC–3502. A communication from the Direc- ‘‘Infertility and Sexually Transmitted Dis- EC–3490. A communication from the Direc- tor, Office of Regulatory Management and eases’’, dated March 1999; to the Committee tor, Employment Service, Office of Per- Information, Office of Policy, Planning and on Health, Education, Labor, and Pensions. sonnel Management, transmitting, pursuant Evaluation, Environmental Protection Agen- EC–3479. A communication from the Direc- to law, the report of a rule entitled cy, transmitting, pursuant to law, the report tor, Office of Surface Mining, Department of ‘‘Statuatory Bar to Appointment of Persons of a rule entitled ‘‘Approval and Promulga- the Interior, transmitting, pursuant to law, Who Fail to Register Under Selective Serv- tion of Air Quality Implementation Plans; the report of a rule entitled ‘‘Pennsylvania ice Law’’ (RIN3206–AI72), received May 28, Nevada State Implementation Plan Revi- Regulatory Program—Final Rule; Correc- 1999; to the Committee on Governmental Af- sion, Clark County (FRL #6350–5)’’, received tion’’ (SPATS #PA–125–FOR), received June fairs. May 26, 1999; to the Committee on Environ- 1, 1999; to the Committee on Energy and Nat- EC–3491. A communication from the Direc- ment and Public Works. EC–3503. A communication from the Direc- ural Resources. tor, Policy Directives and Instructions EC–3480. A communication from the Acting Branch, Immigration and Naturalization tor, Office of Regulatory Management and Information, Office of Policy, Planning and Assistant General Counsel for Regulatory Service, Department of Justice, transmit- Evaluation, Environmental Protection Agen- Law, Office of Energy Efficient and Renew- ting, pursuant to law, the report of a rule en- cy, transmitting, pursuant to law, the report able Energy, Department of Energy, trans- titled ‘‘Adjustment of Status; Continued Va- of a rule entitled ‘‘Approval and Promulga- mitting, pursuant to law, the report of a rule lidity of Nonimmigrant Status, Unexpired tion of State Plans for Designated Facilities entitled ‘‘Alternative Fuel Transportation Employment Authorization, and Travel Au- and Pollutants; South Dakota Control of Program; Biodiesel Fuel Use Credit’’ thorization for Certain Applicants Maintain- Landfill Gas Emissions from Existing Munic- (RIN1904–AB00) (10 CFR part 490), received ing Nonimmigrant H or L Status’’ (RIN1115– ipal Solid Waste Landfills (FRL #6351–8)’’, re- June 1, 1999; to the Committee on Energy AE96) (INS No. 1881–97), received June 1, 1999; ceived May 26, 1999; to the Committee on En- and Natural Resources. to the Committee on the Judiciary. EC–3481. A communication from the Assist- vironment and Public Works. EC–3492. A communication from the Chair- EC–3504. A communication from the Direc- ant Secretary for Export Administration, woman, Equal Employment Opportunity tor, Office of Regulatory Management and Department of Commerce, transmitting, pur- Commission, transmitting, pursuant to law, Information, Office of Policy, Planning and suant to law, the report of a rule entitled the report of the Office of Inspector General Evaluation, Environmental Protection Agen- ‘‘Addition of Macau to the Export Adminis- for the period October 1, 1998 to March 31, cy, transmitting, pursuant to law, the report tration Regulations’’ (RIN0694–AB89), re- 1999 and the Commission’s Management Re- of a rule entitled ‘‘Protection of Strato- ceived May 27, 1999; to the Committee on port for the period October 1, 1998 to March spheric Ozone; Incorporation of Montreal Banking, Housing, and Urban Affairs. 31, 1999; to the Committee on Governmental Protocol Adjustments for a 1999 Interim Re- EC–3482. A communication from the Gen- Affairs. duction in Class I, Group VI Controlled Sub- eral Counsel, Federal Emergency Manage- EC–3493. A communication from the Sec- stances (FRL #6351–6)’’, received May 26, ment Agency, transmitting, pursuant to law, retary of Labor, transmitting, pursuant to 1999; to the Committee on Environment and the report of a rule entitled ‘‘National Flood law, the report of the Office of Inspector Public Works. Insurance Program; Determining the Write- General for the period October 1, 1998 to EC–3505. A communication from the Direc- Your-Own Expense Allowance 64 FR 27705, 05/ March 31, 1999; to the Committee on Govern- tor, Office of Regulatory Management and 21/99’’ (RIN6067–AC92), received May 28, 1999; mental Affairs. Information, Office of Policy, Planning and to the Committee on Banking, Housing, and EC–3494. A communication from the Chair- Evaluation, Environmental Protection Agen- Urban Affairs. man of the Board of Governors of the Federal cy, transmitting, pursuant to law, the report EC–3483. A communication from the Under Reserve System, transmitting, pursuant to of a rule entitled ‘‘Clean Air Act Approval Secretary for Export Administration, De- law, the report of the Office of Inspector and Promulgation of New Source Review partment of Commerce, transmitting, a re- General for the period October 1, 1998 to Provisions Implementation Plan for Nevada port relative to export controls imposed on March 31, 1999; to the Committee on Govern- State Clark County Air Pollution Control the Portuguese Colony of Macau; to the mental Affairs. Division (FRL #6336–5)’’, received May 4, Committee on Banking, Housing, and Urban EC–3495. A communication from the Sec- 1999; to the Committee on Environment and Affairs. retary of Veterans Affairs, transmitting, Public Works. EC–3484. A communication from the Presi- pursuant to law, the report of the Office of EC–3506. A communication from the Direc- dent and Chairman, Export-Import Bank of Inspector General for the period October 1, tor, Office of Regulatory Management and the United States, transmitting, pursuant to 1998 to March 31, 1999; to the Committee on Information, Office of Policy, Planning and law, a report relative to a transaction in- Governmental Affairs. Evaluation, Environmental Protection Agen- volving U.S. exports to Russia; to the Com- EC–3496. A communication from the Sec- cy, transmitting, pursuant to law, the report mittee on Banking, Housing, and Urban Af- retary of the Interior, transmitting, pursu- of a rule entitled ‘‘Clean Air Act Approval in fairs. ant to law, the report of the Office of Inspec- Part and Disapproval in Part, Section 1112(l), EC–3485. A communication from the Chair- tor General for the period October 1, 1998 to State of Alaska: Amendment and Clarifica- man, Securities and Exchange Commission, March 31, 1999; to the Committee on Govern- tion (FRL #6317–7)’’, received May 4, 1999; to transmitting, pursuant to law, a report rel- mental Affairs. the Committee on Environment and Public ative to the authorization request for fiscal EC–3497. A communication from the Execu- Works. years 2000 and 2001; to the Committee on tive Director, Committee for Purchase from EC–3507. A communication from the Direc- Banking, Housing, and Urban Affairs. People who are Blind or Severely Disabled, tor, Office of Regulatory Management and EC–3486. A communication from the Ad- transmitting, pursuant to law, the report of Information, Office of Policy, Planning and ministrator, Agricultural Marketing Serv- a rule entitled ‘‘Additions to the Procure- Evaluation, Environmental Protection Agen- ice, Department of Agriculture, transmit- ment List’’, received May 28, 1999; to the cy, transmitting, pursuant to law, the report ting, pursuant to law, the report of a rule en- Committee on Governmental Affairs. of a rule entitled ‘‘National Emission Stand- titled ‘‘Revision of User Fees for 1999 Crop EC–3498. A communication from the Assist- ards for Hazardous Air Pollutant Emissions: Cotton Classification Services to Growers— ant Legal Adviser for Treaty Affairs, Depart- Group I Polymers and Resins and Group IV Final Rule’’ (Docket No. CN–99–001), received ment of State, transmitting, pursuant to Polymers and Resins and Standards of Per- June 1, 1999; to the Committee on Agri- law, the report of the texts and background formance for Volatile Organic Compound culture, Nutrition, and Forestry. statements of international agreements, (VOC) Emissions from the Polymer Manufac- EC–3487. A communication from the Direc- other than treaties; to the Committee on turing Industry (FRL #6338–3)’’, received tor, Office of Regulatory Management and Foreign Relations. May 4, 1999; to the Committee on Environ- Information, Environmental Protection EC–3499. A communication from the Assist- ment and Public Works. Agency, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- EC–3508. A communication from the Direc- report of a rule entitled ‘‘Difenoconazole ment of State, transmitting, pursuant to tor, Office of Regulatory Management and S6700 CONGRESSIONAL RECORD — SENATE June 8, 1999 Information, Office of Policy, Planning and May 27, 1999; to the Committee on Com- Coast Guard, Department of Transportation, Evaluation, Environmental Protection Agen- merce, Science, and Transportation. transmitting, pursuant to law, the report of cy, transmitting, pursuant to law, the report EC–3517. A communication from the Chief, a rule entitled ‘‘Safety/Security Zone Regu- of a rule entitled ‘‘Notice of Availability of Regulations and Administrative Law, U.S. lations: Groton Long Point Yacht Club Fire- Funds for Source Water Protection (FRL Coast Guard, Department of Transportation, works Display, Main Beach, Groton Point, #6336–7)’’, received May 4, 1999; to the Com- transmitting, pursuant to law, the report of CT (CGD01–99–039)’’ (RIN2115–AA97) (1999– mittee on Environment and Public Works. a rule entitled ‘‘Anchorage Ground; Safety 0021), received May 24, 1999; to the Com- EC–3509. A communication from the Direc- Zone; Speed Limit; Tongass Narrows and mittee on Commerce, Science, and Transpor- tor, Office of Regulatory Management and Ketchikan, AK (CGD17–99–002)’’ (RIN2115– tation. Information, Office of Policy, Planning and AF81), received May 27, 1999; to the Com- EC–3527. A communication from the Sec- Evaluation, Environmental Protection Agen- mittee on Commerce, Science, and Transpor- retary of Transportation, transmitting, pur- cy, transmitting, pursuant to law, the report tation. suant to law, a report entitled the ‘‘Six- of a rule entitled ‘‘Approval and Promulga- EC–3518. A communication from the Chief, teenth Annual Report of Accomplishments tion of State Implementation Plans; Min- Regulations and Administrative Law, U.S. under the Airport Improvement Program’’ nesota (FRL #6339–5)’’, received May 12, 1999; Coast Guard, Department of Transportation, for fiscal year 1997; to the Committee on to the Committee on Environment and Pub- transmitting, pursuant to law, the report of Commerce, Science, and Transportation. EC–3528. A communication from the Chief, lic Works. a rule entitled ‘‘Mandatory Ship Reporting EC–3510. A communication from the Direc- System Off the Northeast and Southeast Regulations and Administrative Law, U.S. tor, Office of Regulatory Management and Coasts of the United States (USCG–1999– Coast Guard, Department of Transportation, Information, Office of Policy, Planning and 5525)’’ (RIN2115–AF82), received May 27, 1999; transmitting, pursuant to law, the report of a rule entitled ‘‘Regatta Regulations; SLR; Evaluation, Environmental Protection Agen- to the Committee on Commerce, Science, Hudson Valley Triathalon, Hudson River, cy, transmitting, pursuant to law, the report and Transportation. Kingston, NY (CGD01–98–155)’’ (RIN2115– of two rules entitled ‘‘Amendment to Regu- EC–3519. A communication from the Chief, AE46) (1999–0016), received May 24, 1999; to lations Governing Equivalent Emission Lim- Regulations and Administrative Law, U.S. Coast Guard, Department of Transportation, the Committee on Commerce, Science, and itations by Permit (FRL #6343–2)’’ and Transportation. ‘‘Withdrawal of Direct Final Amendment to transmitting, pursuant to law, the report of a rule entitled ‘‘Regatta Regulations; SLR; EC–3529. A communication from the Chief, Regulations Governing Equivalent Emission Regulations and Administrative Law, U.S. Limitations by Permit (FRL #6343–1)’’, re- Harvard-Yale Regatta, Thames River, New London, CT (CGD01–99–054)’’ (RIN2115–AE46) Coast Guard, Department of Transportation, ceived May 11, 1999; to the Committee on En- transmitting, pursuant to law, the report of vironment and Public Works. (1999–0015), received May 27, 1999; to the Com- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Regatta Regulations; SLR; EC–3511. A communication from the Assist- Fleet’s Albany Riverfest, Hudson River, NY ant Administrator for Fisheries, Office of tation. EC–3520. A communication from the Chief, (CGD01–98–163)’’ (RIN2115–AE46) (1999–0017), Sustainable Fisheries, Department of Com- Regulations and Administrative Law, U.S. received May 24, 1999; to the Committee on merce, transmitting, pursuant to law, the re- Coast Guard, Department of Transportation, Commerce, Science, and Transportation. port of a rule entitled ‘‘Fisheries Off West transmitting, pursuant to law, the report of EC–3530. A communication from the Chief, Coast States and in the Western Pacific; Pa- a rule entitled ‘‘Drawbridge Regulations; Regulations and Administrative Law, U.S. cific Coast Groundfish Fisheries; 1999 ABC, Lake Ponchatrain, LA (CGD08–99–032)’’ Coast Guard, Department of Transportation, OY, and Tribal and Nontribal Allocations for (RIN2115–AE47) (1999–0012), received May 27, transmitting, pursuant to law, the report of Pacific Whiting’’ (RIN0648–AM12), received 1999; to the Committee on Commerce, a rule entitled ‘‘Drawbridge Regulations; May 18, 1999; to the Committee on Com- River Rouge (Short-Cut Canal), MI (CGD09– Science, and Transportation. merce, Science, and Transportation. EC–3521. A communication from the Chief, 98–055)’’ (RIN2115–AE47) (1999–0013), received EC–3512. A communication from the Direc- Regulations and Administrative Law, U.S. May 24, 1999; to the Committee on Com- tor, Office of Sustainable Fisheries, National Coast Guard, Department of Transportation, merce, Science, and Transportation. EC–3531. A communication from the Chief, Marine Fisheries Service, Department of transmitting, pursuant to law, the report of Regulations and Administrative Law, U.S. Commerce, transmitting, pursuant to law, a rule entitled ‘‘Drawbridge Regulations; Coast Guard, Department of Transportation, the report of a rule entitled ‘‘Reduction of Massalina Bayou, FL (CGD08–99–033)’’ Cod Landing Limit (under the Northeast transmitting, pursuant to law, the report of (RIN2115–AE47) (1999–0012), received May 27, a rule entitled ‘‘Safety/Security Zone Regu- Multispecies Fishery Management Plan)’’, 1999; to the Committee on Commerce, received May 27, 1999; to the Committee on lations; 4th of July Celebration Fireworks Science, and Transportation. Display; Great South Bay, Sayville, NY Commerce, Science, and Transportation. EC–3522. A communication from the Chief, (CGD01–99–040)’’ (RIN2115–AA97) (1999–0020), EC–3513. A communication from the Chief, Regulations and Administrative Law, U.S. Regulations and Administrative Law, U.S. received May 24, 1999; to the Committee on Coast Guard, Department of Transportation, Commerce, Science, and Transportation. Coast Guard, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–3532. A communication from the Prin- a rule entitled ‘‘Drawbridge Regulations; cipal Deputy Assistant Secretary for Con- a rule entitled ‘‘Safety/Security Zone Regu- Muskingum River, OH (CGD08–99–020)’’ lations: Unity Electric Company Fireworks gressional Affairs, Department of Veterans (RIN2115–AE47) (1999–0017), received May 27, Affairs, transmitting, a draft of proposed leg- Display, Shinnecock Bay, Hampton Bays, NY 1999; to the Committee on Commerce, (CGD01-99–038)’’ (RIN2115–AA97) (1999–0022), islation entitled ‘‘Veterans’ Benefits Im- Science, and Transportation. provement Act of 1999’’; to the Committee on received May 27, 1999; to the Committee on EC–3523. A communication from the Chief, Commerce, Science, and Transportation. Veteran’s Affairs. Regulations and Administrative Law, U.S. EC–3533. A communication from the Gen- EC–3514. A communication from the Chief, Coast Guard, Department of Transportation, Regulations and Administrative Law, U.S. eral Counsel, Department of Defense, trans- transmitting, pursuant to law, the report of mitting, a draft of proposed legislation rel- Coast Guard, Department of Transportation, a rule entitled ‘‘Drawbridge Regulations; ative to support to civil authorities for com- transmitting, pursuant to law, the report of Gulf Intracoastal Waterway, Harvey Canal, bating terrorism; to the Committee on a rule entitled ‘‘Safety/Security Zone Regu- LA (CGD08–99–029)’’ (RIN2115–AE47) (1999– Armed Services. lations: Fire Island Tourist Bureau Fire- 0016), received May 27, 1999; to the Com- EC–3534. A communication from the Gen- works Display, Great South Bay, Cherry mittee on Commerce, Science, and Transpor- eral Counsel, Department of Defense, trans- Grove, NY (CGD01–99–047)’’ (RIN2115–AA97) tation. mitting, a draft of proposed legislation enti- (1999–0023), received May 27, 1999; to the Com- EC–3524. A communication from the Chief, tled ‘‘Economic Development Conveyances of mittee on Commerce, Science, and Transpor- Regulations and Administrative Law, U.S. Base Closure Property’’; to the Committee tation. Coast Guard, Department of Transportation, on Armed Services. EC–3515. A communication from the Chief, transmitting, pursuant to law, the report of EC–3535. A communication from the Dep- Regulations and Administrative Law, U.S. a rule entitled ‘‘Drawbridge Regulations; uty Assistant for Fish and Wildlife and Coast Guard, Department of Transportation, Falgout Canal, LA (CGD08–99–035)’’ (RIN2115– Parks, Department of the Interior, transmit- transmitting, pursuant to law, the report of AE47) (1999–0015), received May 27, 1999; to ting, a draft of proposed legislation relative a rule entitled ‘‘Safety/Security Zone Regu- the Committee on Commerce, Science, and to National Discovery Trails; to the Com- lations: Chelsea Street Bridge Fender Sys- Transportation. mittee on Energy and Natural Resources. tem Repair, Chelsea River, Chelsea, MA EC–3525. A communication from the Chief, EC–3536. A communication from the Attor- (CGD01–99–053)’’ (RIN2115–AA97) (1999–0024), Regulations and Administrative Law, U.S. ney Advisor, National Highway Safety Ad- received May 27, 1999; to the Committee on Coast Guard, Department of Transportation, ministration, Department of Transportation, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–3516. A communication from the Chief, a rule entitled ‘‘Drawbridge Regulations; a rule entitled ‘‘Fuel Economy Calculations’’ Regulations and Administrative Law, U.S. Lake Champlain, NY and VT (CGD01–98–032)’’ (RIN2127–AG95), received May 24, 1999; to the Coast Guard, Department of Transportation, (RIN2115–AE47) (1999–0014), received May 27, Committee on Commerce, Science, and transmitting, pursuant to law, the report of 1999; to the Committee on Commerce, Transportation. a rule entitled ‘‘Safety/Security Zone Regu- Science, and Transportation. EC–3537. A communication from the Attor- lations: San Pedro Bay, CA (COTP LA/LB 99– EC–3526. A communication from the Chief, ney Advisor, National Highway Safety Ad- 003)’’ (RIN2115–AA97) (1999–0025), received Regulations and Administrative Law, U.S. ministration, Department of Transportation, June 8, 1999 CONGRESSIONAL RECORD — SENATE S6701 transmitting, pursuant to law, the report of Date; Docket No. 98–ASW–57 (5–24/5–27)’’ EC–3557. A communication from the Direc- a rule entitled ‘‘High-Theft Lines for Model (RIN2120–AA66) (1999–0185), received May 27, tor, Federal Emergency Management Agen- Year 2000’’ (RIN2127–AH36), received May 24, 1999; to the Committee on Commerce, cy, transmitting, a draft of proposed legisla- 1999; to the Committee on Commerce, Science, and Transportation. tion relative to a working capital fund for Science, and Transportation. EC–3547. A communication from the Pro- the Agency; to the Committee on Environ- EC–3538. A communication from the Attor- gram Analyst, Office of the Chief Counsel, ment and Public Works. ney Advisor, National Highway Safety Ad- Federal Aviation Administration, Depart- EC–3558. A communication from the Assist- ministration, Department of Transportation, ment of Transportation, transmitting, pur- ant Secretary for Fish and Wildlife and transmitting, pursuant to law, the report of suant to law, the report of a rule entitled Parks, Office of Law Enforcement, U.S. Fish a rule entitled ‘‘Pelvic Restraints’’ (RIN2127– ‘‘Establishment of Class D Airspace and and Wildlife Service, Department of the Inte- AG48), received May 24, 1999; to the Com- Modification of Class E Airspace, Bozeman, rior, transmitting, pursuant to law, the re- mittee on Commerce, Science, and Transpor- MT; Correction; Docket No. 98–ANM–19 (5–24/ port of a rule entitled ‘‘Migratory Bird Hunt- tation. 5–27)’’ (RIN2120–AA66) (1999–0183), received ing: Regulations Regulating Baiting And EC–3539. A communication from the Attor- May 27, 1999; to the Committee on Com- Baited Areas’’ (RIN1018–AD74), received May ney Advisor, National Highway Safety Ad- merce, Science, and Transportation. 28, 1999; to the Committee on Environment ministration, Department of Transportation, EC–3548. A communication from the Spe- and Public Works. transmitting, pursuant to law, the report of cial Assistant Chief, Mass Media Bureau, EC–3559. A communication from the Nu- a rule entitled ‘‘Consumer Information on Federal Communications Commission, trans- clear Regulatory Commission, transmitting, Tire Grading’’ (RIN2127–AG67), received May mitting, pursuant to law, the report of a rule pursuant to law, a report relative to abnor- 24, 1999; to the Committee on Commerce, entitled ‘‘Amendment of Section 73.202(b), mal occurrences for fiscal year 2000; to the Science, and Transportation. Table of Allotments, FM Broadcast Stations Committee on Environment and Public EC–3540. A communication from the Pro- (La Fayette, Georgia),’’ received May 27, Works. gram Analyst, Office of the Chief Counsel, 1999; to the Committee on Commerce, EC–3560. A communication from the Direc- Federal Aviation Administration, Depart- Science, and Transportation. tor, Office of Regulatory Management and ment of Transportation, transmitting, pur- EC–3549. A communication from the Gen- Information, Office of Policy, Planning and suant to law, the report of a rule entitled eral Counsel, Federal Emergency Manage- Evaluation, Environmental Protection Agen- ‘‘Modification of Class D and Class E Air- ment Agency, transmitting, pursuant to law, cy, transmitting, a report entitled ‘‘Quality space; Rochester, MN; Docket No. 99–AGL–13 the report of a rule entitled ‘‘Disaster Assist- Assurance Project Plan for the PM2.5 Per- (5–25/5–27)’’ (RIN2120–AA66) (1999–0178), re- ance; Cost-Share Adjustment, 64 FR 19496, 04/ formance Evaluation Program’’; to the Com- ceived May 27, 1999; to the Committee on 21/99’’ (RIN3067–AC72), received April 30, 1999; mittee on Environment and Public Works. Commerce, Science, and Transportation. to the Committee on Environment and Pub- EC–3561. A communication from the Direc- EC–3541. A communication from the Pro- lic Works. tor, Office of Regulatory Management and gram Analyst, Office of the Chief Counsel, EC–3550. A communication from the Chief, Information, Office of Policy, Planning and Federal Aviation Administration, Depart- Operations Division, Directorate of Civil Evaluation, Environmental Protection Agen- ment of Transportation, transmitting, pur- Works, Corps of Engineers, Department of cy, transmitting, a report entitled ‘‘Revised suant to law, the report of a rule entitled the Army, transmitting, pursuant to law, the Policy for Amending Form R and Form A report of a rule entitled ‘‘Final Rule Estab- ‘‘Modification of Class D and Class E Air- Submissions; Toxic Chemical Release Inven- lishing an Administrative Appeal Process for space; Minot, ND; Docket No. 99–AGL–12 (5– tory Reporting: Community Right-to- the Regulatory Program of the Corps of En- 25/5–27)’’ (RIN2120–AA66) (1999–0177), received Know’’; to the Committee on Environment gineers’’ (RIN0710–AA41), received May 11, May 27, 1999; to the Committee on Com- and Public Works. 1999; to the Committee on Environment and merce, Science, and Transportation. EC–3562. A communication from the Direc- EC–3542. A communication from the Pro- Public Works. tor, Office of Regulatory Management and EC–3551. A communication from the Acting gram Analyst, Office of the Chief Counsel, Information, Office of Policy, Planning and Assistant General Counsel for Regulatory Federal Aviation Administration, Depart- Evaluation, Environmental Protection Agen- Law, Office of Environment, Safety and ment of Transportation, transmitting, pur- cy, transmitting, pursuant to law, the report Health, Department of Energy, transmitting, of a rule entitled ‘‘Approval and Promulga- suant to law, the report of a rule entitled pursuant to law, the report of a rule entitled tion of Implementation Plans; California ‘‘Modification of Class D and Class E Air- ‘‘Radiological Protection for DOE Activi- State Implementation Plan Revision: Kern space; Wilmington, OH; Docket No. 99–AGL– ties’’ (DOE N 441.4), received May 27, 1999; to 14 (5–25/5–27)’’ (RIN2120–AA66) (1999–0179), re- the Committee on Environment and Public County Air Pollution Control District, ceived May 27, 1999; to the Committee on Works. Mudoc County Air Pollution Control Dis- Commerce, Science, and Transportation. EC–3552. A communication from the Acting trict, Mojave Desert Air Quality Manage- EC–3543. A communication from the Pro- Assistant General Counsel for Regulatory ment District, Northern Sonoma County Air gram Analyst, Office of the Chief Counsel, Law, Office of Environment, Safety and Pollution Control District, San Joaquin Val- Federal Aviation Administration, Depart- Health, Department of Energy, transmitting, ley Unified Air Pollution Control District, ment of Transportation, transmitting, pur- pursuant to law, the report of a rule entitled Santa Barbara County Air Pollution Control suant to law, the report of a rule entitled ‘‘Startup and Restart of Nuclear Facilities’’ District and Siskiyou County Air Pollution ‘‘Modification of Class E Airspace; Jackson, (DOE O 425.1A), received May 27, 1999; to the Control District (FRL #6331–8)’’; to the Com- MI; Docket No. 99–AGL–15 (5–27/5–25)’’ Committee on Environment and Public mittee on Environment and Public Works. (RIN2120–AA66) (1999–0180), received May 27, Works. EC–3563. A communication from the Direc- 1999; to the Committee on Commerce, EC–3553. A communication from the Acting tor, Office of Regulatory Management and Science, and Transportation. Assistant General Counsel for Regulatory Information, Office of Policy, Planning and EC–3544. A communication from the Pro- Law, Office of Environment, Safety and Evaluation, Environmental Protection Agen- gram Analyst, Office of the Chief Counsel, Health, Department of Energy, transmitting, cy, transmitting, pursuant to law, the report Federal Aviation Administration, Depart- pursuant to law, the report of a rule entitled of a rule entitled ‘‘List of Regulated Sub- ment of Transportation, transmitting, pur- ‘‘Safeguards and Security Independent Over- stances and Thresholds for Accidental Re- suant to law, the report of a rule entitled sight Program’’ (DOE O 470.2), received May lease Prevention; Stay of Effectiveness for ‘‘Modification of Class E Airspace; Mus- 27, 1999; to the Committee on Environment Flammable Hydrocarbon Fuels (FRL #6351– kegon, MI; Docket No. 99–AGL–16 (5–25/5–27)’’ and Public Works. 1)’’, received May 25, 1999; to the Committee (RIN2120–AA66) (1999–0181), received May 27, EC–3554. A communication from the Senior on Environment and Public Works. 1999; to the Committee on Commerce, Attorney, Federal Highway Administration, EC–3564. A communication from the Direc- Science, and Transportation. Department of Transportation, transmitting, tor, Office of Regulatory Management and EC–3545. A communication from the Pro- pursuant to law, the report of a rule entitled Information, Office of Policy, Planning and gram Analyst, Office of the Chief Counsel, ‘‘Credit Assistance for Surface Transpor- Evaluation, Environmental Protection Agen- Federal Aviation Administration, Depart- tation Projects’’ (RIN2125–AE49), received cy, transmitting, pursuant to law, the report ment of Transportation, transmitting, pur- May 27, 1999; to the Committee on Environ- of three rules entitled ‘‘Approval and Pro- suant to law, the report of a rule entitled ment and Public Works. mulgation of Implementation Plans; Ala- ‘‘Modification of Class E Airspace; Chico, EC–3555. A communication from the Sec- bama (FRL #6352–5)’’, ‘‘Approval and Promul- CA; Docket No. 99–AWP–98 (5–25/5–27)’’ retary of Energy, transmitting, pursuant to gation of State Plans for Designated Facili- (RIN2120–AA66) (1999–0182), received May 27, law, the annual report for fiscal year 1997; to ties and Pollutants: Florida (FRL #6352–7)’’ 1999; to the Committee on Commerce, the Committee on Energy and Natural Re- and ‘‘Grant Application Guidance to Improve Science, and Transportation. sources. Small Business Assistance (FRL #)’’, re- EC–3546. A communication from the Pro- EC–3556. A communication from the Nu- ceived May 27, 1999; to the Committee on En- gram Analyst, Office of the Chief Counsel, clear Regulatory Commission, transmitting, vironment and Public Works. Federal Aviation Administration, Depart- pursuant to law, a draft of proposed legisla- EC–3565. A communication from the Direc- ment of Transportation, transmitting, pur- tion entitled ‘‘Nuclear Regulatory Commis- tor, Office of Regulatory Management and suant to law, the report of a rule entitled sion Authorization Act for Fiscal Year 2000’’; Information, Office of Policy, Planning and ‘‘Revision of Class E Airspace; Pampa, TX, to the Committee on Environment and Pub- Evaluation, Environmental Protection Agen- Direct Final Rule, Confirmation of Effective lic Works. cy, transmitting, pursuant to law, the report S6702 CONGRESSIONAL RECORD — SENATE June 8, 1999 of three rules entitled ‘‘Approval and Pro- were referred or ordered to lie on the ing, exercises, equipping and funding strate- mulgation of Implementation Plan for South table as indicated: gies for state and local response forces be in- Coast Air Quality Management District cluded in any national strategy; and POM—138. A concurrent resolution adopted (FRL #6335–3)’’, ‘‘Approval and Promulgation Whereas, the Legislature joins with the by the Legislature of the State of Hawaii rel- of State Plans for Designated Facilities and National Governors’ Association and the Na- ative to the temporary visa waiver program; Pollutants: North Dakota; Control of Emis- tional Emergency Management Association to the Committee on the Judiciary. sions from Existing Hazardous/Medical/Infec- to affirm its commitment to ensuring a co- tious Waste Incinerators (FRL #6340–6)’’ and HOUSE CONCURRENT RESOLUTION NO. 4 ordinated response and recovery to major ‘‘Revisions to the Permits and Sulfur Whereas, the United States Congress emergencies and disasters, including inci- Dioxis=de Allowance System Regulations passed the Immigration Control and Reform dents of terrorism and the use of weapons of under Title IV of the Clean Air Act: Compli- Act of 1986 that established a temporary visa mass destruction; now, therefore, ance Determination (FRL #6341–2)’’, received waiver program to pave the way toward bet- BE IT RESOLVED, by the members of the May 7, 1999; to the Committee on Environ- ter international relations and increased vis- First Regular Session of the Fifty-fifth Idaho ment and Public Works. itor travel between the United States and Legislature, the House of Representatives EC–3566. A communication from the Chief, certain participating foreign countries; and and the Senate concurring therein, that we Office of Regulations and Administrative Whereas, the temporary visa waiver pro- recommend the following actions be taken to Law, U.S. Coast Guard, Department of gram expired in September, 1996, and has improve the nation’s preparedness, and to Transportation, transmitting, pursuant to since been extended on a year-to-year basis, more effectively prepare for, respond to, and law, the report of a rule entitled ‘‘Safety/Se- with the current extension expiring in Sep- recover from consequences of terrorism at curity Zone Regulations; Ellis Island Medals tember, 1999; and the state and local level that: of Honor Fireworks, New York Harbor, Upper Whereas, the visa waiver program allows (1) The White House and the Congress Bay (CGD01–99–034)’’ (RIN2115–AA97) (1999– persons with waivers to enter the United should consult and coordinate with the na- 0018), received May 10, 1999; to the Com- States for a period of up to ninety days with- tion’s governors and their states to develop mittee on Commerce, Science, and Transpor- out a visa; and and implement a national strategy that ini- tation. Whereas, twenty-one countries were par- tiates and sustains activities for domestic EC–3567. A communication from the Chief, ticipating in the visa waiver program with preparedness at the state and local level. One Office of Regulations and Administrative the United States as of 1996, with more being hundred percent federally funded state and Law, U.S. Coast Guard, Department of added since then; and local assistance, previously granted to the Transportation, transmitting, pursuant to Whereas, the visa waiver program is crit- states for civil defense, should be provided to law, the report of a rule entitled ‘‘Draw- ical to boosting the number of international the states for preparedness activities for cri- bridge Regulations: Hutchinson River, NY arrivals in Hawaii, with an estimated eighty sis and consequence management as the re- (CGD01–99–031)’’ (RIN2115–AA97) (1999–0008), percent of all international visitors arriving sult of the increasing potential for acts of received May 10, 1999; to the Committee on at Honolulu International Airport being terrorism and use of weapons of mass de- Commerce, Science, and Transportation. under the visa waiver program; and struction. EC–3568. A communication from the Presi- Whereas, the addition of Taiwan, South (2) The federal government recognizes that dent, transmitting, pursuant to law, a report Korea, and China to the visa waiver program the short and long-term consequences of do- relative to the extension of the waiver, under by the United States would further boost Ha- mestic terrorism is among the responsibil- the Trade Act of 1974, to the People’s Repub- waii’s economy because of the huge numbers ities of state and local government supple- lic of China; to the Committee on Finance. of travelers to Hawaii from these countries; mented by the resources of the federal gov- EC–3569. A communication from the Presi- and ernment. Federal agencies that are tasked dent, transmitting, pursuant to law, a report Whereas, despite the success of the visa with providing assistance to state and local relative to the extension of the waiver, under waiver program, the United States Congress government must be required to recognize the Trade Act of 1974, to Vietnam; to the has not made the program permanent, in- and use the state’s emergency management Committee on Finance. stead preferring to extend it on a year-to- systems that have effectively responded to EC–3570. A communication from the Presi- year basis; now, therefore, state and local emergencies and disasters for dent, transmitting, pursuant to law, a report BE IT RESOLVED by the House of Rep- over fifty years. relative to the extension of the waiver, under resentatives of the Twentieth Legislature of (3) The National Guard of each state and the Trade Act of 1974, to the Republic of the State of Hawaii, Regular Session of 1999, territory is a critical state resource during Belarus; to the Committee on Finance. the Senate concurring, that the United emergencies and disasters. As such, the role EC–3571. A communication from the Presi- States Congress is urged to: of the National Guard and the Department of dent, transmitting, pursuant to law, a report (1) Make the visa waiver program perma- Defense must be better defined in preparing relative to the continuing humanitarian cri- nent; and for acts of terrorism. Furthermore, the Na- sis in the Kosovo region; to the Committee (2) Add Taiwan, South Korea, and China to tional Guard must be funded, trained, on Foreign Relations. the visa waiver program; equipped and well exercised if it is to have a EC–3572. A communication from the Direc- and viable role in the response and recovery to tor, Office of Regulatory Management and Be it Further Resolved that members of Ha- the use of weapons of mass destruction and Information, Office of Policy, Planning and waii’s congressional delegation are urged to terrorism. Evaluation, Environmental Protection Agen- exert efforts to make the visa waiver pro- (4) The nation’s public health and medical cy, transmitting, pursuant to law, the report gram permanent and add Taiwan, South system capabilities must be significantly im- of a rule entitled ‘‘Regional Haze Regula- Korea, and China to the program; and proved and fully integrated into the evolving tions’’ (FRL #6353–4), received June 1, 1999; to Be it Further Resolved that certified copies domestic preparedness program. As a health the Committee on Environment and Public of this Concurrent Resolution be transmitted matter, specific attention must be placed on Works. to the Majority Leader of the United States the nation’s food supply, both that which has EC–3573. A communication from the Direc- Senate, the Speaker of the United States been harvested, and that which is yet to be tor, Office of Regulatory Management and House of Representatives, and the members developed. Information, Office of Policy, Planning and of Hawaii’s congressional delegation. (5) The government at all levels must en- Evaluation, Environmental Protection Agen- sure that the protection of civil liberties and cy, transmitting, pursuant to law, the report POM–139. A concurrent resolution adopted states’ rights will remain the highest pri- of a rule entitled ‘‘Guidelines Establishing by the Legislature of the State of Idaho rel- ority within the context of national security Test Procedures for the Analysis of Pollut- ative to the threat of terrorism; to the Com- as the United States prepares for and ad- ants; Measurement of Mercury in Water mittee on the Judiciary. dresses the consequences of terrorism. The White House and the Congress should specifi- (EPA Method 1631, Revision B); Final Rule’’ HOUSE CONCURRENT RESOLUTION NO. 28 (FRL #6354–3), received June 1, 1999; to the cally develop methods to eliminate unau- Be It Resolved by the Legislature of the State Committee on Environment and Public thorized activity in the name of expedience of Idaho: Works. and national security. Whereas, the threat of terrorism in the BE IT FURTHER RESOLVED that the state EC–3574. A communication from the Ad- United States is a real and complex phe- of Idaho recognizes and supports the efforts ministrator, National Aeronautics and Space nomenon that can strike any community, of the U.S. Department of Justice to accom- Administration, transmitting, pursuant to state or geographic region of our nation; and plish the much needed program coordination law, a report entitled ‘‘Progress on Super- Whereas, threats incorporating the use of through the creation of the National Domes- fund Implementation in Fiscal Year 1998’’; to nuclear, radiological, biological, chemical tic Preparedness Office. the Committee on Environment and Public and cyber weapons or combination thereof, BE IT FURTHER RESOLVED that the Works. may be used against critical infrastructures Clerk of the House of Representatives be, f and the nation’s food supply, of which the and she is hereby authorized and directed to PETITIONS AND MEMORIALS state of Idaho is a major producer; and forward a copy of this Resolution to the U.S. Whereas, because terrorist incidents would Department of Justice, the President of the The following petitions and memo- occur in local communities within the Senate and the Speaker of the House of Rep- rials were laid before the Senate and states, it is imperative that planning, train- resentatives and the members of the Senate June 8, 1999 CONGRESSIONAL RECORD — SENATE S6703 and the House of Representatives rep- completed by a registered nurse, with a 13 Whereas, the estate and gift tax may be resenting the State of Idaho in the Congress page follow-up assessment being required having unintended environmental con- of the United States. every 60 days; and sequences as America’s nonindustrial private Whereas, The requirement for computer forest owners (who own 58% of America’s for- POM–140. A concurrent resolution adopted software for the preparation and trans- est land) face the untimely timber harvest by the General Assembly of the State of mission of such assessments and follow-up and disruption of established forest manage- Iowa relative to Health Care Financing Ad- reports is another unfunded mandate of the ment programs because of the federal estate ministration rules; to the Committee on Fi- federal government; and tax and this is counterproductive to soci- nance. Whereas, The HCFA requirement requires ety’s goals of sustainable forestry and envi- costly unfunded reporting of those who re- HOUSE CONCURRENT RESOLUTION NO. 24 ronmental quality and the tax may also have ceive services which are not paid by Medi- Whereas, rules recently promulgated by the unintended consequence of forcing a de- care—which reporting duplicates existing as- cedent’s estate to subdivide or sell all or por- the Health Care Financing Administration sessment and reporting requirements of the (HCFA) of the United States Department of tions of the family land, that otherwise Kansas Department on Aging; and might be managed in a sustainable manner, Health and Human Services requiring Out- Whereas, In the environment of the small, in order to meet the estate tax obligation; come and Assessment Information Set home health care services existing in Kan- (OASIS) assessment and follow-up reports for and sas, it is not feasible to create separate orga- Whereas, Canada, Australia and Israel have all patients of Medicare-certified home nizations to provide services for non-Medi- repealed their estate taxes with three policy health agencies and health departments, care customers. The end result of the HCFA reasons given that more people were becom- whether or not the patient is a recipient of rules is that Medicare-certified agencies will ing subject to the tax, the relative tiny por- Medicare; and no longer be able to provide in-home services Whereas, the OASIS system requires an 18- tion of revenue raised and arguments by to non-Medicare customers. Consequently, economists that the tax is counter- page initial assessment which must be com- with lower levels of preventive home services pleted by a registered nurse, and a 13-page productive; and being available to older Kansans there will Whereas, the inheritance tax is applied to follow-up assessment which is required to be be an increase in hospital admissions, thus property and goods that have already been completed every sixty days; and increasing Medicare costs, and an increase in taxed and some economists have indicated Whereas, the requirement for computer nursing home admissions, thus increasing that the gross domestic product over the software necessary for preparation and Medicaid costs; and next seven years would be $80 billion higher transmission of the OASIS system assess- Whereas, OASIS appears to be solely a re- if the estate and gift tax were repealed; now; ments and reports is essentially an unfunded search project of HCFA, totally unfunded by therefore, federal mandate; and federal sources, and accomplished with loss Be it resolved by the members of the First Whereas, the HCFA requirement neces- of funds by reporting agencies and loss of Regular Session of the Fifty-fifth Idaho Leg- sitates costly reporting for patients who re- services for Kansas seniors: now; therefore, islature, the House of Representatives and ceive services not paid through Medicare and Be it resolved by the House of Representatives the Senate concurring therein, that we re- the reporting is duplicative of existing as- of the State of Kansas, the Senate concurring spectfully request that members of Congress sessment and reporting requirements; and therein: That we memorialize the Congress of take a serious look at repealing the estate Whereas, in the small-scale home health the United States to require the Health Care and gift tax or, at the very least, to increas- care organization environment in Iowa, it is Financing Administration OASIS reporting ing the exemption substantially. not feasible to provide services through sepa- and data reporting requirements to apply Be it further resolved, That the Chief Clerk rate organizations based upon whether the only to Medicare patients and not to all pa- of the House of Representatives be, and she patient is a recipient of Medicare; and tients of Medicare-certified home health is hereby authorized and directed to forward Whereas, the HCFA rules would result in agencies; and a copy of this Memorial to the President of Medicare-certified organizations only pro- Be it further resolved: That the Secretary of the Senate and the Speaker of the House of viding services to recipients of Medicare, State be directed to provide an enrolled copy Representatives of Congress, and the con- thereby reducing the availability of preven- of this resolution to the President of the gress delegation representing the State of tive home services to older Iowans who are United States, Secretary of Health and Idaho in the Congress of the United States. not recipients of Medicare, increasing in-hos- Human Services, President of the United States Senate, Speaker of the United States pital admissions and Medicare costs, and in- POM–143. A resolution adopted by the House of Representatives, minority leaders creasing nursing home admissions and Med- House of the Legislature of the State of Ha- of the United States Senate and the United icaid costs; and waii relative to tobacco settlement funds; to States House of Representatives, and to each Whereas, OASIS appears to be solely a re- the Committee on Finance. search project of HCFA, totally unfunded by member of the Kansas Congressional delega- HOUSE RESOLUTION NO. 2 federal sources, and accomplished with loss tion. of funds by reporting agencies and loss of Whereas, on November 23, 1998, representa- services to older Iowans; now; therefore, POM–142. A joint resolution adopted by the tives from forty-six states signed a settle- Be It Resolved by the House of Representa- Legislature of the State of Idaho relative to ment agreement with the five largest to- tives, the Senate concurring, that the Congress the estate and gift taxes; to the Committee bacco manufacturers, which settled lawsuits of the United States is encouraged to amend on Finance. seeking to recoup the states’ costs of treat- the OASIS system requirements to apply We, your Memorialists, the House of Rep- ing smokers; and them only to patients who are recipients of resentatives and the Senate of the State of Whereas, the Attorneys General Master Medicare and not to all patients of Medicare- Idaho assembled in the First Regular Session Tobacco Settlement Agreement culminated certified home health agencies; and of the Fifty-fifth Idaho Legislature, do here- legal action that began in 1994 when states Be It Further Resolved, That the Chief Clerk by respectfully represent that: began filing lawsuits against the tobacco in- of the House is directed to provide a copy of Whereas, the estate and gift tax is the fed- dustry; and this resolution to the President of the eral government’s least significant revenue Whereas, currently, the respective states United States, to the Secretary of the United source contributing approximately 1.1% of are in the process of finalizing the terms of States Department of Health and Human total federal revenue and in 1998 just 1.66% of the Master Tobacco Settlement Agreement Services, to the President of the United adult deaths in the United States are ex- and are making initial fiscal determinations States Senate, to the Speaker of the United pected to result in taxable estates; and relative to the most responsible ways and Whereas, a rationale for the estate and gift States House of Representatives, to the Mi- means to utilize the settlement funds; and tax is that only the very wealthy pay it, but Whereas, under the terms of the agree- nority Leaders of the United States Senate in 1995, 54% of all estate tax revenue came ment, tobacco manufacturers will pay and House of Representatives, and to each from estates under five million dollars and $206,000,000,000 over the next twenty-five member of Iowa’s congressional delegation. estate taxes that year fell for those with es- years to the respective states in up-front and tates over twenty million dollars; and POM–141. A concurrent resolution adopted annual payments; and Whereas, the reason for the preceding is Whereas, under the terms of the Master by the Legislature of the State of Kansas rel- that careful estate planning can virtually Tobacco Settlement Agreement, Hawaii is ative to Health Care Financing Administra- eliminate the tax, however many estate projected to receive $1,179,165,923.07 through tion rules; to the Committee on Finance. planning techniques are costly and require the year 2025; and HOUSE CONCURRENT RESOLUTION NO. 5041 long lead-times to implement, making the Whereas, because many state lawsuits Whereas, New rules made by HCFA require burden of the estate tax often falling on sought to recover Medicaid funds spent to OASIS assessment and follow-up reports for those with recently acquired modest wealth treat illnesses caused by tobacco use, the all patients of Medicare-certified home such as farmers and small businesses; and U.S. Health Care Financing Administration health agencies and health departments Whereas, the tax can be devastating on contends that it is authorized and obligated whether or not the personal or attendant small businesses and agricultural operations under the Social Security Act, to collect its care for such patients is paid from Medicare, and protecting these ventures from estate share of any tobacco settlement funds that and taxes can be costly and drain resources that are attributable to Medicaid; and Whereas, The new HCFA report requires an could be better used by the owners to up- Whereas, the Master Tobacco Settlement 18-page initial assessment, which must be grade and expand their operations; and Agreement does not address the Medicaid S6704 CONGRESSIONAL RECORD — SENATE June 8, 1999 recoupment issue, and thus, the Social Secu- practices of gender apartheid—many African lishment of the state of Minnesota, land rity Act must be amended to resolve the countries practice female genital mutilation; commonly referred to as school trust land recoupment issue so that the moneys from Afghanistan’s Taliban militia does not per- has been granted to the state of Minnesota the settlement remain with the respective mit women to work, go to school or even for public school and other purposes and has states; and leave the confines of their homes unless ac- been constitutionally accepted and dedicated Whereas, in addition to the recoupment companied by a close male relative, and are by the citizens of the state for such purposes issue, there is also considerable interest in prohibited from going to most hospitals or by applying these lands to the production of earmarking state tobacco settlement fund seeking care from male doctors, which leads income for the state’s permanent school expenditures at both the state and national to women and girls dying from easily treat- fund, all as described in detail in Minnesota levels; and able diseases; and sex tourism (the traf- Statutes, section 1.0451, subdivision 2; and Whereas, as the final approval of the Mas- ficking of women and girls) is practiced in Whereas, pursuant to the federal Enabling ter Tobacco Settlement Agreement nears, it Asia and is supported by organizations in the Act authorizing the establishment of the is imperative that the states retain their United States, and state of Minnesota, on an equal footing with rightful full share of the tobacco settlement Whereas, the state of Vermont recognizes the original 13 states, and the Constitution funds; now, therefore, be it the greatly increased interdependence of the of Minnesota, by which the citizens of Min- Resolved by the House of Representatives of people of the world in this age of the global nesota accepted the terms and conditions of the Twentieth Legislature of the State of Ha- village and global telecommunications, and the Enabling Act, the ownership of navigable waii, Regular Session of 1999, That the U.S. Whereas, the state of Vermont enacted a waters and their beds was transferred to the Congress is urged to enact legislation that joint resolution urging the United States state of Minnesota, all as described in detail amends the Social Security Act to prohibit Congress to ratify the United Nations Con- in Minnesota Statutes, section 1.0451, sub- the federal government from receiving any vention on the Elimination of All Forms of division 1; and share of the funds awarded in the tobacco Discrimination Against Women, which has Whereas, approximately 100,000 acres of settlement that was reached in 1998 between not been ratified to date by the United state-owned land (mostly school grant land) the states and the tobacco industry; and be States Congress, and and approximately 172,000 acres of state- it further Resolved that the respective state Whereas, the United States is one of only owned waters, or a total of over 272,000 state- legislatures retain complete autonomy over 22 countries that have not ratified the Con- owned acres, make up one-quarter of the the appropriation and expenditure of their vention, now therefore be it 1,078,000 acres that are included within that respective tobacco settlement funds; and be Resolved by the House of Representatives, portion of the Superior National Forest that it further Resolved that the U.S. Congress op- That the Vermont House of Representatives has been designated by Congress as the pose any efforts by the federal government urges the United States Congress to consider Boundary Waters Canoe Area Wilderness; to earmark or impose any other restrictions ratifying the United Nations Convention on and Whereas, the extraordinary nature of the on the respective states’ use of the state to- the Elimination of All Forms of Discrimina- land and waters located in this wilderness bacco settlement funds; and be it further Re- tion Against Women, and be it further area has been described by the 8th U.S. Cir- solved that certified copies of this Resolution Resolved, That the Clerk of the House be di- cuit Court of Appeals as follows in its deci- be transmitted to the President of the rected to send a copy of this resolution to sion in State of Minnesota by Alexander v. United States, the President of the U.S. Sen- President Bill Clinton, Vice President Al Gore, U.S. Secretary of State Madeleine Block, 449 F. Supp. 1223 (D. Minn. 1980), 660 ate, the Speaker of the U.S. House of Rep- F.2d 1240 (8th Cir. 1981), Cert. denied 431 U.S. resentatives, and the members of Hawaii’s Albright, U.S. Senator Jesse Helms, Chair of the Senate Foreign Relations Committee 939 (1982): Congressional Delegation. ‘‘The Boundary Waters Canoe Area is the and to each member of the Vermont Congres- largest wilderness area east of the Rocky sional Delegation. POM–144. A resolution adopted by the Mountains and the second largest in our wil- Council of the City of Rockwood, Michigan derness system. It is our Nation’s only lake- relative to imported trash; to the Committee POM–146. A joint resolution adopted by the Legislature of the State of Idaho relative to land canoe wilderness—a network of more on Environment and Public Works. than 1,000 lakes linked by hundreds of miles a national veterans cemetery in Idaho; to POM–145. A resolution adopted by the of streams and short portages which served House of the Legislature of the State of the Committee on Veterans’ Affairs. Whereas, Idaho is the only state in the na- as the highway of fur traders who followed Vermont relative to the United Nations Con- water routes pioneered by Sioux and Chip- vention on Elimination of All Forms of Dis- tion without either a national veterans cem- etery or a state veterans cemetery; and pewa Indians. Despite extensive logging, the crimination Against Women; to the Com- BWCA still contains 540,000 acres of virgin mittee on Foreign Relations. Whereas, the majority of the states with- out a national cemetery are located in the forests, by far the largest such area in the Whereas, the Convention on the Elimi- eastern United States. nation of All Forms of Discrimination Northwest; and Whereas, only one of the six states bor- ‘‘This last remnant of the old ‘northwoods’ Against Women was adopted by the United is remarkable not only for its lakes and vir- Nations General Assembly on December 15, dering Idaho has a national cemetery; and Whereas, Idaho is centrally located for a gin forests, but also for its wildlife. * * * 1979, and [M]any western wilderness areas lack such Whereas, it became an international treaty regional cemetery in the Northwest; and Whereas, it is fitting and proper that a complete food chains. This natural eco- on September 3, 1981, and by October 1986, 154 system is a valuable educational and sci- countries had consented to be bound by the grateful nation should provide a burial site within a reasonable distance from the homes entific resource; it has been the focal point Convention’s provisions, and of important research in wildlife behavior, Whereas, the Convention provides a com- of those Idahoans and others residing in the northwestern states who honorably served forest ecology, nutrient cycles, lake systems, prehensive framework for challenging var- and vegetation history.’’; and ious forces that have created and sustained their country in a time of emergency. Now, therefore, be it Resolved by the mem- Whereas, within this wilderness that con- gender-based discrimination against one-half tains a network of more than 1,000 lakes of the world’s population, and bers of the First Regular Session of the Fifty- fifth Idaho Legislature, the House of Represent- linked by hundreds of miles of streams and Whereas, the Convention banning discrimi- short portages and a land surface that is atives and the Senate concurring therein, That nation against women guarantees women’s crowned with a forest which includes 540,000 we respectfully and urgently request mem- rights across many fields, including employ- acres of virgin or ‘‘old growth’’ timber that bers of Idaho’s congressional delegation to ment, education, voting, nationality, mar- hosts unique plant and animal ecosystems support funding for a national veterans cem- riage and divorce, health care and equality such as that of the timber wolf, the state of etery in Idaho to serve veterans in the north- before the law, and Minnesota’s school grant and other lands are western states, and be it further Whereas, the state of Vermont shares the scattered in a checkerboard fashion across goals of the Convention, namely affirming Resolved, That the Chief Clerk of the House of Representatives be, and she is hereby au- the entire area, a consequence of the fact faith in fundamental human rights, in the that the lands were granted almost entirely dignity and worth of all human beings and in thorized and directed to forward a copy of this Memorial to the President of the Senate in Sections 16 and 36 in most townships in the equal rights of women, and what now is designated as a federal wilder- Whereas, the state of Vermont has a his- and the Speaker of the House of Representa- tives of Congress, and the congressional dele- ness; and tory of supporting efforts to end gender- Whereas, as a consequence of decisions by gation representing the State of Idaho in the based employment discrimination and, in the federal courts in the above cited case of Congress of the United States. 1972, ratified the Equal Rights Amendment State of Minnesota by Alexander v. Block, to the United States Constitution, and where the state unsuccessfully challenged POM–147. A joint resolution adopted by the Whereas, although women have made the unilateral action by Congress of extend- Legislature of the State of Minnesota rel- major gains throughout the 20th century in ing federal jurisdiction from federally owned ative to the Superior National Forest; to the the struggle for equality in social, business, land to state-owned water, the state’s free Committee on Energy and Natural Re- political, legal, health, educational and exercise of authority over its state-owned sources. other fields, there remains much yet to be lands and waters was severely diminished; accomplished, and HOUSE RESOLUTION NO. 3 and Whereas, the state of Vermont recognizes Whereas, pursuant to the Organic, Ena- Whereas, in the 18 years since the federal the fact that other countries still engage in bling, and other acts relating to the estab- courts upheld this congressional extension of June 8, 1999 CONGRESSIONAL RECORD — SENATE S6705 federal authority over state water, the only the state and, in addition, that Minnesota counties (a decoupling effort to overturn the revenue earned on school and other state has never leased any state-owned minerals 1890 Forest Reserve Act); and grant lands from wilderness users has been located on lands within the area that is fed- Whereas, this effort has and will cause ir- derived from a token campground reserva- erally designated as the Boundary Waters reparable financial harm to state and local tion fee that is reappropriated for necessary Canoe Area Wilderness, and further, that governments, our natural resource indus- campground maintenance and therefore adds since 1976, under Minnesota Statutes, section tries, and employment opportunities for nothing to the permanent school fund, the 84.523, state law prohibits, except when need- Montanans. fund constitutionally established to support ed in a national emergency declared by Con- Resolved by the Senate and House of Rep- public schools of the state out of income de- gress, the exploration and mining of state- resentatives of the State of Montana: That the rived from school and other grant land sale owned minerals and the harvesting of state- legislature of the State of Montana petition and natural resource management revenues; owned peat, and Be it further the U.S. Congress to ensure a full commit- and Resolved, That while the state of Minnesota ment by the federal government to full fund- Whereas, continuance of state land owner- is cognizant of the fact that Congress may ing of PILT, a commitment toward the prop- ship within the Boundary Waters Canoe Area authorize the federal government to acquire er harvest of the natural resource base by Wilderness not only defeats the purpose for state-owned school grant and other lands by way of already adopted ASQ, and a renewal which the state school grant lands were eminent domain proceedings brought in fed- of its compact with states and local govern- granted and dedicated, it also unnecessarily eral courts, a procedure which entails con- ments to contribute the federal govern- handicaps federal management duties relat- gressional appropriation of the substantial ment’s fair share in taxes on land present in ing to the wilderness area; and amount of money necessary to pay Min- Montana but retained by the federal govern- Whereas, the Minnesota Constitution, arti- nesota the market value of these lands as ap- ment, and cle XI, sections 8 and 10, provide that school proved by the federal courts, the state here- Resolved, That the Secretary of State send and other grant lands may be sold only at by affirms that the mutual best interests of copies of this resolution to the President of public auction or exchanged; and both the federal and state governments are the United States, the Secretary of State of Whereas, consolidation of federal land best served by land exchange as a solution to the United States, the President of the ownership within the Boundary Waters the long-standing problem of intermingled United States Senate, the Speaker of the Canoe Area Wilderness through an exchange United States House of Representatives, the of Superior National Forest land that is lo- land ownership within the Superior National Forest, and Be it further Western Governors’ Association, and the cated outside the wilderness area for state Montana Congressional Delegation. land that is located within the wilderness Resolved, That the Secretary of State of the State of Minnesota is directed to prepare area will mutually benefit both the federal POM–150. A resolution adopted by the and state governments by simplifying fed- copies of this memorial and transmit them to the President of the United States, the Council of the City of Midland, Texas rel- eral wilderness area management activities ative to incentives for the oil and gas indus- through efficiencies arising from single land President and the Secretary of the United States Senate, the Speaker and the Clerk of try; to the Committee on Energy and Nat- ownership and by enabling the state to prop- ural Resources. erly manage its school trust lands for the the United States House of Representatives, the chair of the Senate Committee on En- POM–151. A resolution adopted by the purposes for which these lands were granted Council of the City of Midland, Texas rel- and dedicated, as was first contemplated for ergy and Natural Resources, the chair of the House Committee on Resources, and to each ative to incentives for the oil and gas indus- these lands by the Minnesota legislature in try; to the Committee on Energy and Nat- the enactment of Laws 1917, chapter 448, of Minnesota’s Senators and Representatives in Congress for the purpose of assisting those ural Resources. which created the Minnesota state forests in POM–152. A resolution adopted by the Leg- members in the discharge of duties imposed the counties of Cook, Lake, and St. Louis, islature of the State of Montana relative to by Minnesota Statutes, section 1.0451, espe- the first state forests established in Min- water resource policies and issues; to the cially those duties set forth in subdivision 3 nesota; and Committee on Energy and Natural Re- relating to land exchange. Whereas, there appears, preliminarily, to sources. be sufficient acreage of federal land that is JOINT RESOLUTION located within the exterior boundaries of the POM–148. A petition from a citizen of the Superior National Forest, exclusive of lands U.S. Virgin Islands relative to a shoppers Whereas, the western states of the United in the Boundary Waters Canoe Area Wilder- visa; to the Committee on Energy and Nat- States are critically dependent upon present ness, to exchange for the high value state- ural Resources. and future water resources for their quality owned school grant and other land POM–149. A joint resolution adopted by the of life and economic base; and Whereas, the western states are geographi- inholdings located within the wilderness Legislature of the State of Montana relative cally, hydrologically, and economically di- area; now, therefore, be it Resolved, By the to full funding of payments in lieu of taxes verse and distinct from each other and from Legislature of the State of Minnesota that on federal land in Montana; to the Com- the eastern states; and Congress is requested to speedily enact laws mittee on Energy and Natural Resources. Whereas, the western states have devel- that would expedite the exchange of feder- JOINT RESOLUTION oped a customized system of water alloca- ally owned land located within the Superior Whereas, the stability of Montana’s econ- tion under the prior appropriation doctrine National Forest that lies outside of the omy has historically been dependent on use in response to the arid conditions of the re- Boundary Waters Canoe Area Wilderness for of our abundant natural resources; and gion; and land owned by the state of Minnesota located Whereas, the natural resource harvest has Whereas, water resources in many of the within the Boundary Waters Canoe Area Wil- contributed billions of dollars to Montana’s major interstate river basins in the West are derness, and Be it Further Resolved, That in economy by providing employment opportu- apportioned and administered through inter- its deliberations concerning this request, nities to members of our communities and state and other compacts or court decrees Congress is requested to be especially cog- by supporting our business communities; and between two or more states; and nizant that the legal title of the state of Whereas, revenue from industries related Whereas, there has been a long-standing Minnesota to its school and other grant to natural resource harvest has produced policy of federal deference to the states in lands located within this wilderness area has taxes for the support of local and state gov- the areas of water resources administration, been preserved, relatively unaltered, since ernments; and management, allocation, and protection; and being separated by grant from the federal Whereas, the federal government has long Whereas, the western states have extensive public domain at statehood, and that the recognized the importance of supporting experience in managing water resources, state of Minnesota’s checkerboard land own- local governments in counties where the both surface and ground water supplies, and ership pattern gives these lands a unique United States controls management of pub- recognize the importance of protecting their value because the lands are an integral part lic lands by reimbursing state and local gov- water resources for present and future bene- of what the 8th U.S. Circuit Court of Appeals ernments by payments in lieu of taxes ficial uses; and recognized in State of Minnesota by Alex- (PILT); and Whereas, all western states have a system ander v. Block as ‘‘. . . our Nation’s only Whereas, a variety of federal legislation, of law for allocation of water rights, and lakeland canoe wilderness—a network of such as the Forest Reserve Act of 1890 sought there is broad consensus within the federal more than 1,000 lakes linked by hundreds of to make equitable distribution to counties system that states should continue to have miles of streams and short portages which and to the education system of 25% of net the exclusive responsibility to create and ad- served as the highway of fur traders . . .’’ proceeds derived by the sale of resources har- minister water rights; and and which ‘‘. . . still contains 540,000 acres of vested on federal land; and Whereas, state water law provides for pub- virgin [old growth] forests, by far the largest Whereas, the federal government is now re- lic participation and is based upon the allo- such area in the eastern United States.’’ And ducing the volume of timber cut in relation cation, transfer, and protection of water re- be it further Resolved, That Congress also be to the allowable sale quotas (ASQ), redistrib- sources in the public interest; and cognizant that the Minnesota Constitution, uting funds historically contained in the 25% Whereas, the number of federal agencies article XI, section 10, relating to the ex- fund (outfitter fees), reducing its commit- involved in some aspect of water policy or change of school grant and other state lands, ment to full funding of PILT, which was re- management continues to increase, adding requires the state to reserve mineral and duced from 100% in 1994 to 53% in 1998, and duplication, confusion, and conflicting mis- water power rights in lands transferred by redefining its commitment to states and sions to the historic state systems; and S6706 CONGRESSIONAL RECORD — SENATE June 8, 1999 Whereas, the U.S. Congress often considers state government recreation and park serv- copy of this Memorial to the President of the legislation related to water resources man- ices; and Senate and the Speaker of the House of Rep- agement, some of which contains elements Whereas, outdoor recreation reduces crime resentatives of Congress, and the congres- that could increase the federal role in water by providing positive alternatives and expe- sional delegation representing the state of administration and conflict with the state’s riences for Idaho’s citizens; and Idaho in the Congress of the United States. responsibility for water programs; now Whereas, the United States Congress is Resolved by the Senate and the House of Rep- currently considering various bills and POM–155. A joint resolution adopted by the resentatives of the State of Montana, That amendments concerning stateside funding Legislature of the State of Idaho relative to Montana’s Congressional Delegation be re- for the Federal Land and Water Conservation the stabilization of payments of the United spectfully requested to advocate to the ap- Fund generated from Outer Continental States Forest Service; to the Committee on propriate federal agencies that any new or Shelf oil royalties; Now, therefore, be it Energy and Natural Resources. revised federal legislation or policy should: Resolved by the members of the First Regular HOUSE JOINT MEMORIAL NO. 5 (1) Recognize that water resources admin- Sessions of the Fifty-fifth Idaho Legislature, the Whereas, under the provisions of the For- istration, management, allocation, and pro- House of Representatives and the Senate con- est Service law of May 23, 1908, 35 Stat. 259, tection are primarily the responsibility of curring therein, That the Congress of the 260, 267 and as subsequently amended by the the states and that federal policy should be United States is urged to pass legislation re- National Forest Management Act and the supportive of this role of the western states; allocating funding to the states from the Federal Land Policy Management Act, the (2) provides flexibility for states to con- Federal Land and Water Conservation Fund, United States Forest Service pays to coun- tinue to develop and refine water resource be it ties through the State Treasurer twenty-five programs appropriate for their own cir- Further Resolved, That the Chief Clerk of percent of gross revenues from timber sales, cumstances, taking into consideration items the House of Representatives be, and she is grazing permits and leases, recreation fees, such as hydrology, existing water rights, po- hereby authorized and directed to forward a power line rights-of-way, special use permits tential development of the area, interstate copy of this Memorial to the President of the and other programs; and and other compact obligations, and the pub- Senate and the Speaker of the House of Rep- Whereas, the payments are made to states lic interest; resentatives of Congress, and the congres- from each national forest, then are appor- (3) require all federal agencies to conduct sional delegation representing the State of tioned to counties according to the propor- their activities in accordance with, and in Idaho in the Congress of the United States tion of acreage of each national forest in support of, state water resource programs and the Honorable Dirk Kempthorne, Gov- each county; and and state water law; and ernor of the State of Idaho. (4) recognize and cooperate with the states’ Whereas, the law mandates that these funds be used for public roads and public prerogative and ability to manage, admin- POM–154. A joint resolution adopted by the schools; and ister, and develop their water resources; be it Legislature of the State of Idaho relative to Whereas, counties with large amounts of Further Resolved, That the Secretary of the stabilization of payments of the United federal lands have few sources of revenue and State send copies of this resolution to the States Forest Service; to the Committee on rely on these payments to maintain their President of the United States, the Vice Energy and Natural Resources. President of the United States, the President public roads and their public schools; and HOUSE JOINT MEMORIAL NO. 4 Pro Tempore of the Senate of the U.S. Con- Whereas, the Forest Service payments gress, the Speaker of the House of Represent- Whereas, under the provisions of the For- have become unpredictable due to forest atives of the U.S. Congress, and the Montana est Service law of May 23, 1908, 35 Stat. 259, planning processes over the past ten years Congressional Delegation. 260, 267 and as subsequently amended by the that have reduced timber harvests on na- National Forest Managemenbt Act and the tional forests; and POM–153. A joint resolution adopted by the Federal Land Policy Management Act, the Whereas, demands on counties to provide Legislature of the State of Idaho relative to United States Forest Service pays to coun- necessary services such as good public roads, the Federal Land and Water Conservation ties through the state treasurer twenty-five public schools, sanitation services, and Fund; to the Committee on Energy and Nat- percent of gross revenues from timber sales, search and rescue have increased; and ural Resources. grazing permits and leases, recreation fees, Whereas, stabilizing payments required by Whereas, the Federal Land and Water Con- power line rights-of-way, special use permits the 1908 Forest Service law is essential for servation Fund was created in 1965 to provide and other programs; and responsible fiscal planning by the counties; matching funds to encourage and assist local Whereas, the payments are made to states now, therefore, be it and state government in urban and rural from each national forest, then are appor- Resolved by the members of the First Regular areas to develop parks and to ensure accessi- tioned to counties according to the propor- Session of the Fifty-fifth Idaho Legislature, the bility to local outdoor recreation resources; tion of acreage of each national forest in House of Representatives and the Senate con- and each county; and curring therein, That we strongly support sta- Whereas, the state of Idaho has invested Whereas, counties have few sources of rev- bilization of payments of the United States more than $32 million in Federal Land and enue and rely on these payments to maintain Forest Service to county governments Water Conservation funds, which were their public roads and their public schools; through the State Treasurer and urge our matched by local and state funds, donated and congressional delegation representing the labor and materials, and community force Whereas, the Forest Service payments state of Idaho in the Congress of the United accounts, to produce eighty percent of Ida- have become unpredictable due to market States to support legislation that will sta- ho’s local recreation facilities and nearly all fluctuations and the volatility of the public bilize payments made by the United States of our state parks; and debate on timber harvests on national for- Forest Service to the counties of the state of Whereas, the Federal Land and Water Con- ests, and generally have declined because of Idaho by increasing the annual timber har- servation Fund was the primary source of reduced timber harvest on national forests; vest from federal lands within the state of funding for Idaho’s greenbelts, exercise and Idaho to the allowable sales quantity levels trails, neighborhood parks, swimming facili- Whereas, demands on counties to provide outlined in the current forest plans and by ties, state parks, multipurpose sports fields, good public roads and public schools have in- increasing to fifty percent the amount of fed- boating facilities, golf courses, camping creased due to increases in resident popu- eral funds returned to the counties from the areas, equestrian arenas, fishing accesses, lation and tourism; and sale of federal timber under the provisions of zoo facilities, amphitheaters and scenic Whereas, stabilizing payments required by the Forest Service law of May 23, 1908, 35 areas; and the 1908 Forest Service law is essential for Stat. 259, 260, 267 and as subsequently amend- Whereas, since 1980, Idaho’s allocation of responsible fiscal planning by the counties; ed by the National Forest Management Act Federal Land and Water Conservation Funds now, therefore, be it and the Federal Land Policy Management for grants has diminished from $1.9 million Resolved by the members of the First Regular Act; be it to its total elimination in 1995; and Session of the Fifty-fifth Idaho Legislature, the Further resolved, That the Chief Clerk of Whereas, the elimination of Federal Land House of Representatives and the Senate con- the House of Representatives be, and she is and Water Conservation Fund allocations curring therein, That we strongly support sta- hereby authorized and directed to forward a has adversely affected Idaho’s outdoor recre- bilization of payments of the United States copy of this Memorial to the President of the ation infrastructure, greatly reduced the Forest Service to county governments United States, the President of the Senate ability of Idaho’s cities and counties to meet through the state treasurer and urge our and the Speaker of the House of Representa- the needs of our rapidly increasing popu- congressional delegation representing the tives of Congress, and the congressional dele- lations, and created a backlog of upgrades, state of Idaho in the Congress of the United gation representing the state of Idaho in the renovations and repairs to outdoor recre- States to support legislation that will sta- Congress of the United States. ation facilities exceed $270 million; and bilize payments made by the United States Whereas, outdoor recreation provides im- Forest Service to the counties of the state of POM–156. A joint resolution adopted by the portant economic, social, personal and re- Idaho; be it General Assembly of the Commonwealth of sources benefits to the citizens of Idaho; and Further resolved, That the Chief Clerk of Virginia relative to the Appalachian Devel- Whereas, it has been determined that four the House of Representatives be, and she is opment Highway System; to the Committee out of every five Americans utilize local and hereby authorized and directed to forward a on Environment and Public Works. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6707

SENATE JOINT RESOLUTION NO. 523 to Canada and Mexico to be stopped and pose no new restrictions until infrastructure Whereas, the construction of the Coalfields identified at border crossings; and is available that can collect data and detect Expressway is anticipated to begin in 1999; Whereas, Section 100 of the Illegal Immi- illegal and unwanted immigration without and gration Reform and Immigrant Responsi- disrupting legitimate tourist travel; and be Whereas, the estimated cost of completing bility Act of 1996 requires that a new entry- it further the Coalfields Expressway is $1.5 billion; and exit control system be implemented to track Resolved, That the Secretary of the Senate Whereas, through federal taxes on motor all foreign visitors entering and leaving the prepare and transmit a copy of this resolu- fuels and special fuels, motorists in the Com- United States but does not provide any law tion to the Vice President of the United monwealth of Virginia contribute signifi- enforcement benefits; and States as the presiding officer of the Senate, cantly to the federal Highway Trust Fund; Whereas, The Illegal Immigration Reform the Speaker of the House of Representatives and and Immigrant Responsibility Act of 1996 and each member of the Nevada Congres- Whereas, the Appalachian Development would impose new border inspection require- sional Delegation; and be it further Highway System was created by the United ments for the gathering of data at entry and Resolved, That this resolution becomes ef- States Congress for the purpose of stimu- departure points for vehicular traffic from fective upon passage and approval. lating the economic development of the en- Canada and Mexico where none currently POM–159. A resolution adopted by the Sen- tire Appalachian Region and is now funded exist; and ate of the State of Michigan relative to pray- directly through the federal Highway Trust Whereas, The new border entry-exit system er in public schools; to the Committee on the Fund; and does not provide for any enhancement of pro- Whereas, a recently completed study of the visions for apprehending or removing illegal Judiciary. Appalachian Development Highway System immigrants, drug traffickers, terrorists or SENATE RESOLUTION NO. 55 concluded that, upon its completion, this other criminals and would not curtail illegal Whereas, The 48th Annual National Day of system will provide the region through immigration at the borders; and Prayer was observed on May 6, 1999, and the which it passes with 42,000 new jobs, 84,000 Whereas, No inspection stations or other United States of America was founded by new residents, $2.9 billion in new wages, and facilities for departing foreign travelers have men and women with varied religious beliefs $6.9 billion in value added business; and been constructed; and and ideals; and Whereas, the Coalfields Expressway, when Whereas, This system would be imple- Whereas, The First Amendment to the completed, will traverse a portion of the mented at enormous expense to the tax- United States Constitution states that ‘‘Con- Commonwealth of Virginia characterized by payers of the United States with no tangible gress shall make no law respecting an estab- chronic unemployment and pockets of in- benefits; and lishment of religion or prohibiting the free tractable poverty; and Whereas, Congress has held hearings at exercise thereof . . .,’’ which means that the Whereas, the Coalfields Expressway is not various sites along the Canadian border to government is prohibited from establishing a presently a portion of the Appalachian De- consider exempting that country from the state religion. However, no barriers shall be velopment Highway System, but receives its provisions of the Act, but no such hearings erected against the practice of any religion; federal funding through special congres- have been held or are scheduled in the Mexi- and sional appropriations made in unpredictable can border states; and Whereas, The establishment clause of the amounts at irregular intervals; and Whereas, Mexican and Canadian tourists First Amendment was not drafted to protect Whereas, federal funding of the Coalfields who enter the United States for business and Americans from religion, rather, its purpose Expressway to date consists of only two ap- recreational travel are not immigrants; and was clearly to protect Americans from gov- propriations: one of $50 million in 1991 and Whereas, These nonimmigrant Mexican ernmental mandates with respect to religion; another of $22.7 million in 1998; and and Canadian business and leisure travelers and Whereas, inclusion of the Coalfields Ex- who will already be required to present trav- Whereas, The Michigan Legislature strong- pressway into the Appalachian Development el documents to enter the United States, ly believes that reaffirming a right to vol- Highway System would allow it to be funded would be subjected to inspections and que- untary, individual, unorganized, and non- more fully and more reliably; now, therefore, ries upon departure that would cause travel mandated prayer in public schools is an im- be it delays and inconveniences to those tourists; portant element of religious choice guaran- Resolved by the Senate, the House of Dele- and teed by the Constitution, and will reaffirm gates concurring, That the Congress of the Whereas, Such delays and inconveniences those religious rights and beliefs upon which United States be urged to include the Coal- would discourage tourism in the United the nation was founded; now, therefore, be it fields Expressway in the Appalachian Devel- States by Mexican and Canadian citizens, Resolved by the Senate, That the members opment Highway System; and, be it delay commerce and create an economic of this legislative body memorialize the Con- Resolved Further, That the Clerk of the downturn; and gress of the United States to strongly sup- Senate transmit copies of this resolution to Whereas, The borders with Canada and port voluntary, individual, unorganized, and the President of the United States Senate, Mexico should be kept reasonably free of non-mandatory prayer in the public schools the Speaker of the United States House of governmental over-involvement in order to of this nation; and be it further Resolved, That a copy of this resolution be Representatives, and the members of the encourage tourism, trade and legitimate eco- transmitted to the President of the United Virginia Congressional Delegation in order nomic activity that benefit all three coun- States Senate, the Speaker of the United that they may be apprised of the sense of the tries; and Whereas, The National Governors’ Associa- States House of Representatives, and the Virginia General Assembly in this matter. tion at its meeting in Washington in Feb- members of the Michigan congressional dele- ruary 1998 determined that the entry-exit gation. POM–157. A resolution adopted by the control system may have ‘‘unintended nega- Council of the City of Inkster, Michigan rel- tive consequences on international trade, POM–160. A resolution adopted by the St. ative to state and local land use zoning au- tourism and the economy’’; and Francis Assisi Parish of Houston, Texas rel- thority; to the Committee on the Judiciary. Whereas, The National Governors’ Associa- ative to capital punishment; to the Com- POM–158. A joint resolution adopted by the tion urged suspension of implementing the mittee on the Judiciary. Legislature of the State of Nevada relative entry-exit control system until Congress and POM–161. A resolution adopted by the Epis- to the Illegal Immigration Reform and Im- the President can ensure that any such sys- copal Diocese of Washington, D.C. relative to migration Responsibility Act of 1996; to the tem will not disrupt tourism, trade or other hate crimes; to the Committee on the Judici- Committee on the Judiciary. legitimate traffic entering the United ary. SENATE JOINT RESOLUTION NO. 19 States; and POM–162. A joint resolution adopted by the Whereas, The economy of the State of Ne- Whereas, Congress passed legislation in Oc- Legislature of the State of Washington rel- vada is dependent upon tourism; and tober 1998 delaying imposition of the imple- ative to the Land and Water Conservation Whereas, Canada and Mexico rank No. 1 mentation of the provisions of Section 110 Fund; to the Committee on Appropriations. and No. 7, respectively, among Nevada’s until March 31, 2001, but allowing the exit HOUSE JOINT MEMORIAL 4012 sources of international tourism, sending system to take effect at the airports of inter- To the Honorable William J. Clinton, more than 1.5 million Canadian visitors and national entry in the United States; now, President of the United States, and to the more than 104,000 Mexican visitors to this therefore, be it President of the Senate and the Speaker of state per year; and Resolved by the Senate and Assembly of the House of Representatives, and to the Whereas, Visitors from Canada and Mexico the State of Nevada, Jointly, That Congress Senate and House of Representatives of the comprise a major economic contribution to is hereby urged permanently to mitigate the United States, in Congress assembled: the State of Nevada; and consequences of the provisions of Section 110 We, your Memorialists, the Senate and Whereas, the United States has entered of the Illegal Immigration Reform and Immi- House of Representatives of the State of into international trade agreements with its grant Responsibility Act of 1996; and be it Washington, in legislative session assembled, neighbors, Canada and Mexico, to foster, en- further respectfully represent and petition as fol- courage and stimulate the exchange of goods Resolved, That Congress is encouraged to lows: and products for mutual economic gain; and keep the borders between the United States Whereas, Washington state contains a rich Whereas, The United States does not cur- and Canada and Mexico reasonably free of diversity of forests, rivers, seacoasts, grass- rently require departing tourists returning governmental over-involvement and to im- lands, deserts, and other habitats, and an S6708 CONGRESSIONAL RECORD — SENATE June 8, 1999 equally diverse population of fish and wild- POM–164. A concurrent resolution adopted waii, Regular Session of 1999 (the Senate con- life, all of which require by law some level of by the Legislature of the State of Hawaii rel- curring), That this body hereby urges the protection and responsible management by ative to the Social Security Act; to the Com- United States Congress, the President of the federal, state, and local agencies; and mittee on Finance. United States, and the United States Sec- Whereas, Washington state also contains a HOUSE CONCURRENT RESOLUTION NO. 219 retary of Health and Human Services to sup- large number and variety of outstanding rec- Whereas, the State of Alaska received an port United States Senator Daniel K. Akaka, reational facilities and opportunities, includ- increase in its Federal Medical Assistance United States Senator Daniel K. Inouye, ing three national parks, a national volcanic Percentage (FMAP) from 50 percent to 59.8 United States Representative Neil Aber- monument, one hundred twenty-five state percent in consideration of the high cost of crombie, and United States Representative parks, and many local parks, trails, water living in Alaska by an amendment to the So- Patsy T. Mink’s federal legislation to amend access areas, swimming pools, and sports cial Security Act; and the Social Security Act to increase Hawaii’s fields; and Whereas, United States Senator Daniel K. FMAP in consideration of our high cost of Whereas, Outdoor recreation and wildlife Akaka, United States Senator Daniel K. living; and be it further enjoyment are important elements of the Inouye, United States Representative Neil Resolved That certified copies of the Con- Northwest way of life. A large majority of Abercrombie, and United States Representa- current Resolution be transmitted to the Washington’s residents and visitors actively tive Patsy T. Mink have recently introduced members of the United States Congress, the pursue and enjoy a range of outdoor recre- federal legislation to amend the Social Secu- President of the United States, and the Sec- ation activities, from active sports such as rity Act to increase Hawaii’s FMAP in con- retary of the United States Department of soccer, softball, swimming, and bicycling, to sideration of Hawaii’s high cost of living; Health and Human Services. outdoor and wildlife-related pursuits such as hiking, camping, canoeing, and wildlife ob- and Whereas, federal financial participation for POM–165. A joint resolution adopted by the servation; and Legislature of the State of Vermont relative Whereas, Outdoor recreation and wildlife the medicaid program is based on the FMAP to Social Security; to the Committee on Fi- enjoyment are also important elements of which is calculated according to a formula nance. Washington’s economy. For example, a 1996 based on per capita income in the individual survey conducted by the United States fish state in relation to the per capita income of JOINT HOUSE RESOLUTION 113 and wildlife service showed that annual wild- the United States; and Whereas, the purpose of Social Security is Whereas, the FMAP is calculated as the life-related recreation expenditures exceeded to provide a strong, simple and efficient quotient of the per capita income of the one hundred billion dollars, almost three bil- form of basic insurance against the adversi- United States, times a multiplier, the state lion dollars spent in Washington state. Wild- ties of old age, disability and dependency, income is determined as a designated portion life viewing alone accounts for more than and of the national income as determined at the twenty-one thousand jobs in Washington Whereas, for 60 years Social Security has United States Department of Commerce, Bu- state; and provided a stable platform of retirement, dis- reau of Economic Analysis (BEA) and the per Whereas, Washington’s population is one of ability and survivor annuity benefits to pro- capita income of Hawaii is an amount that is the fastest-growing in the United States, tect working Americans and their depend- derived at the BEA as a portion of national with an even faster-growing public demand ents, and for wildlife conservation, wildlife-related income statistics; and Whereas, the costs to administer Social Se- Whereas, because of its island location and recreation, and outdoor recreation facilities; curity are less than one percent of the bene- other factors, the cost of living in Hawaii and fits delivered, and greatly exceeds the cost of living in the Whereas, the federal Land and Water Con- Whereas, the American and world econo- mainland states, so that per capita income is servation Fund (LWCF) was created in 1965 mies continue to encounter periods of high a poor measure of its relative ability to bear to preserve, develop, and assure that all uncertainty and volatility that make it as Americans have access to quality outdoor the cost of medical services; and Whereas, a study conducted by the important as ever to preserve a basic and recreation. In the thirty years since its cre- continuing safety net of protections guaran- ation, LWCF has funded the acquisition of Taubman Center for State and Local Govern- ment at Harvard University’s John F. Ken- teed by our society’s largest guarantor of almost seven million acres of parkland, risk, the federal government, and water resources, wildlife habitat open space, nedy School of Government and the Office of United States Senator Daniel Patrick Moy- Whereas, Social Security affords protec- and the development of more than thirty- tions to rich and poor alike and no citizen, seven thousand state, municipal, and local nihan, established that if per capita income is measured in real terms, considering cost no matter how well-off today, can foretell to- parks and recreation projects. In recent morrow’s adversities, and years, LWCF funding for federal projects has of living factors, Hawaii ranked 47th at $19,755 compared to the national average Whereas, average life expectancies are in- been reduced by more than half and funding creasing and people are commonly living for state projects has been entirely elimi- $24,231 and Alaska is ranked 34th with a real per capita income level of $21,592; and into their 80’s and 90’s, making it more im- nated; and portant than ever that each of us be fully Whereas, Washington and other states lack Whereas, the Harvard/Moynihan study protected by defined retirement benefits, and adequate, dedicated funding for fish and cites Hawaii with one of the highest poverty Whereas, medical scientists are contin- wildlife protection and management, espe- rates in the nation—Hawaii ranks eighth in ually developing new ways to maintain and cially for those species which are not hunted the country with a poverty rate of 16.9 per- enhance the lives of people with severe dis- and fished and which are not listed as threat- cent as compared to the national average of ened or endangered. In 1980, Congress passed 14.7 percent—and on a per capita basis state abilities, thus making it more important the Fish and Wildlife Conservation Act (P.L. revenues and expenditures are far higher in that each of us to be protected against the 96–366) which was intended to address the Hawaii, as well as Alaska, than in the other risk of dependency, institutionalization and protection and management of nonhunted 48 mainland states, but Alaska’s 10.6 percent impoverishment, and wildlife species, but the act was never fund- poverty rate is lower than the national aver- Whereas, the lives of wage earners and ed, leaving the entire responsibility to the age, placing it 39th in the country; and their spouses are seldom coterminous; one states; Whereas, Hawaii has not participated in often outlives the other by decades, making Now, therefore, Your Memorialists respect- the economic rebound that has benefited it crucial to preserve a secure base of protec- fully pray that Congress pass legislation to most of the rest of the nation in the past sev- tion for children and other family members restore and revitalize federal funding for the eral years, in part because of its heavy de- dependent on a wage earner who may die or Land and Water Conservation Fund. Lands pendence on international tourism and become disabled, and shall be open for public use and enjoyment. trade, and Hawaii continues to suffer from Whereas, Social Security, in current form, We pray that Congress create a new dedi- the drop in value in the Japanese yen, its un- reinforces family cohesiveness and enhances cated fund for state-level fish and wildlife employment rate is above the national aver- the value of work in our society, and management, which would be administered age, and its tax revenues have fallen short of Whereas, Congress currently has proposals by the United States fish and wildlife serv- estimates; and to shift a portion of Social Security con- ice; be it Whereas, based on Hawaii’s current med- tributions from insurance to personal invest- Resolved, That copies of this Memorial be icaid spending level of approximately $700 ment accounts for each wage earner, and immediately transmitted to the Honorable million, each percentage point increase in its Whereas, Social Security, our largest and William J. Clinton, President of the United FMAP rate would provide approximately $7 most fundamental insurance system, cannot States, the President of the United States million annually in additional federal funds; fulfill its protective function if it is splin- Senate, the Speaker of the House of Rep- and tered into individualized stock accounts and resentatives, and each member of Congress Whereas, the State of Hawaii is seeking to must create and manage millions of small from the State of Washington. have its medicaid program funded in dollars risk-bearing investments out of a stream of equal to its tax contributions based on its contributions intended as insurance, and POM–163. A resolution adopted by the higher per capita income and one that recog- Whereas, private accounts cannot be sub- Board of County Commissioners of Cuyahoga nizes its true costs, as was done for Alaska; stituted for Social Security without eroding County, Ohio relative to the Ryan White now, therefore, be it basic protections for working families, since Care Act; to the Committee on Appropria- Resolved by the House of Representatives of such protections, to be strong, must be insu- tions. the Twentieth Legislature of the State of Ha- lated from economic uncertainty and be June 8, 1999 CONGRESSIONAL RECORD — SENATE S6709 backed by the entity best capable of spread- lated environmental concerns and the eco- Whereas, there are 357 grain elevators with ing risk, the federal government, and nomic needs of private business, thereby re- 663 million bushels of storage and 55,000 Whereas, the diversion of contributions to sulting in an environmentally healthy state farms with 1.02 billion bushels of storage in private investment accounts would dramati- with a viable and responsible mineral indus- Nebraska; and cally increase financial shortfalls to the So- try that uses state-of-the-art technology; Whereas, Nebraska grain elevators are val- cial Security trust fund and require major and ued neighbors to and located in close prox- reductions in the defined benefits upon Whereas, Surface mining regulations gov- imity to homes, schools, farms, and busi- which millions of Americans depend, and erning hardrock mining operations and min- nesses in most of all Nebraska’s commu- Whereas, to administer 150 million sepa- eral exploration activities on public lands nities; and rate investment accounts would require a are codified in Part 3809 of Title 43 of the Whereas, Nebraska grain elevators, feed larger bureaucracy, and the resulting ex- Code of Federal Regulations and are com- mills, processors, and growers are committed pense and the cost of converting each ac- monly referred to as ‘‘3809 Regulations’’; and to protecting the health and safety of appli- count to an annuity upon retirement would Whereas, The Bureau of Land Management cators and workers and to the well-being of consume much of the profit or exacerbate initiated the revision of these regulations in the public; and Whereas, grain elevators are located in Ne- the loss realized by each participant, and January 1997; and braska communities near railroads and high- Whereas, the question of whether part of Whereas, In response to concerns raised by ways to facilitate the transportation of the Social Security Trust Fund should be di- the Western Governor’s Association and a grain; and versified into investments other than gov- group of 15 United States Senators, including Whereas, Nebraska is a leader in the na- ernment bonds so that, while still invested Nevada Senators Harry Reid and Richard H. tion and in the world in grain production; collectively at low expense, returns may be Bryan, Congress included language in the and increased, thus enhancing the capacity of Omnibus Appropriations Act of 1998 to re- Whereas, Nebraska grain elevators, feed the fund to meet its obligations to pay bene- quire a detailed, comprehensive study by the mills, processors, and growers are committed fits while spreading the risk across the en- National Academy of Science of the environ- to producing an adequate, safe, and high tire spectrum of Social Security partici- mental and reclamation requirements for quality food supply for domestic and world pants, is entirely different from that of mining on federal lands and the adequacy of consumers; and splintering its millions of accounts, and those requirements to prevent undue deg- Whereas, treaties and established trade re- Whereas, creating an array of winners and radation, and prohibited final revision to the lations may require pest-controlled grain be- losers would be contrary to the basic prin- 3809 Regulations before September 30, 1999; fore grain can be exported; and ciples of insurance and risk distribution, and Whereas, insect pests in grain without fu- thus defeating the purpose of this part of our Whereas, Contrary to the requirements of migation treatment could create health retirement system, and the Omnibus Appropriations Act, the Sec- risks and reduce the quality of the grain Whereas, Congress amended the Internal retary of the Interior is moving forward with marketed from Nebraska; and Revenue Code to provide a full menu of pro- revisions to the 3809 Regulations and to the Whereas, aluminum and magnesium visions that enables working Americans and Environmental Impact Statement; and phosphide gas are cost-effective fumigants their employers to voluntarily contribute to Whereas, Under the Bureau of Land Man- used both by commercial elevators and farm- tax-sheltered accounts that are open to the agement’s most recent revisions, every west- ers in the storage of grains in Nebraska; and Whereas, the federal Environmental Pro- opportunities and exposed to the risks of in- ern state, including Nevada, may be faced tection Agency (EPA) acknowledges few, if vestment markets, diverting Social Security with the choice of either expending substan- any, viable alternatives to the use of alu- contributions to private accounts duplicates tial resources to revise its regulations to minum and magnesium phosphide gas exist existing programs, and conform with the new requirements of the for fumigation to control pests in stored Whereas, such recently created systems Bureau of Land Management or having the grain; and now cover half of American families, now successful programs of the State of Nevada, Whereas, the current label restrictions for therefore be it which have been carefully tested and en- aluminum and magnesium phosphide gas Resolved by the Senate and House of Rep- forced over the years, simply cease to be op- provide for the safe and effective use of the resentatives, That the General Assembly re- erative on public lands, thereby imposing product; and spectfully and strongly urges Congress not significantly detrimental impacts on the Whereas, the State of Nebraska practices to enact laws that might tend to diminish or mineral industry and the State of Nevada; rigorous enforcement of the label restric- undermine a unified and stable Social Secu- now, therefore, be it tions on fumigants, ensures adequate train- rity system, and be it further Resolved, by the Assembly and Senate of the ing of certified applicators, and conducts a Resolved, That laws to encourage workers State of Nevada, Jointly, That the members of fumigation and grain storage project to in- and their employers to save or invest for re- the 70th session of the Nevada Legislature do spect the use of fumigants; and tirement should supplement and not sub- hereby urge the Secretary of the Interior to Whereas, restrictions in the use of fumi- stitute for the basic benefits of Social Secu- comply with the intent of Congress as stated gants in grain storage and transport should rity insurance that are vital to American in the Omnibus Appropriations Act of 1998 be based only on sound scientific reasoning, working families, and be it further which requires a study of the issue by the available technology, and analysis of risk Resolved, That the Secretary of State be di- National Academy of Sciences and prohibits level and avoid raising undue public alarm rected to send a copy of this resolution to final revision of 43 C.F.R. Part 3809, the 3809 over unsubstantiated or inconsequential the President of the United States Senate, Regulations, before September 30, 1999; and risk: Now, therefore, be it the Speaker of the House of Representatives be it further Resolved by the members of the ninety-sixty of the United States and each member of the Resolved, That the Nevada Legislature legislature of Nebraska, first session, That the Vermont Congressional Delegation. strongly supports Alternative 1, the ‘‘No Ac- Congress of the United States direct the fed- tion’’ alternative, as described in the draft eral Environmental Protection Agency to POM–166. A resolution adopted by the Environmental Impact Statement on Sur- curtail implementation of new restrictions Council of the City of Oak Ridge, Tennessee face Management Regulations and Locatable from its Reregistration Eligibility Decision relative to the reindustrialization of the Mineral Operations, to maintain the existing (RED) on phosphide gas that would require a East Tennessee Technology Park; to the 3809 Regulations without revision or modi- 500-foot buffer zone and other restrictions Committee on Environment and Public fication; and be it further that effectively preclude the use of alu- Works. Resolved, That the Chief Clerk of the As- minum or magnesium phosphide in most of POM–167. A resolution adopted by the sembly prepare and transmit a copy of this Nebraska’s grain storage facilities and grain transportation; and be it further Council of the City of Cleveland Heights, resolution to the Vice President of the Resolved, That the Congress of the United Ohio relative to the United Nations Conven- United States as the presiding officer of the States direct the federal Environmental Pro- tion on the Elimination of All Forms of Dis- Senate, the Speaker of the House of Rep- tection Agency to ensure that risk mitiga- crimination Against Women; to the Com- resentatives, the Secretary of the Interior tion allowances for aluminum or magnesium mittee on Foreign Relations. and each member of the Nevada Congres- phosphide are clearly demonstrated as nec- POM–168. A joint resolution adopted by the sional Delegation; and be it further essary to protect human health, are based Assembly of the State of Nevada relative to Resolved, That this resolution becomes ef- upon sound science and reliable information, surface mining regulations; to the Com- fective upon passage and approval. are economically and operationally reason- mittee on Energy and Natural Resources. able, and will permit the use of these prod- ASSEMBLY JOINT RESOLUTION NO. 19— POM–169. A resolution adopted by the Leg- ucts in accordance with the label. islature of the State of Nebraska relative to Whereas, Mining is of critical importance the use of phosphide gas in grain storage; to to Nevada and its rural communities as a POM–170. A joint resolution adopted by the the Committee on Agriculture, Nutrition, significant contributor to this state’s econ- Legislature of the State of Colorado relative and Forestry. omy; and to a pay increase for Members of Congress; Whereas, The ‘‘Nevada model’’ of regu- LEGISLATIVE RESOLUTION 43 to the Committee on the Judiciary. lating the mineral industry is known and re- Whereas, Nebraska’s agricultural heritage SENATE JOINT MEMORIAL 99–005 spected industrywide because it balances the and economy is dependent upon the harvest, Whereas, The twenty-seventh amendment global needs for natural resources with re- storage, and transportation of grain; and to the constitution of the United States, also S6710 CONGRESSIONAL RECORD — SENATE June 8, 1999 known as ‘‘The Madison Amendment’’, pro- Washington, in legislative session assembled, and second time by unanimous con- vides that ‘‘No law, varying the compensa- respectfully represent and petition as fol- sent, and referred as indicated: tion for the services of the Senators and Rep- lows: By Mrs. FEINSTEIN: resentatives, shall take effect until an elec- Whereas, The Anti-Terrorism and Effective S. 1188. A bill to provide grants to State tion of Representatives shall have inter- Death Penalty Act of 1996 (AEDPA) and the educational agencies and local educational vened.’’; and Illegal Immigration Reform and Immigrant agencies for the provision of classroom-re- Whereas, The twenty-seventh amendment Responsibility Act of 1996 (IIRIRA) represent lated technology training for elementary and requires that an intervening election be held the most dramatic changes in immigration secondary school teachers; to the Committee between the enactment of any congressional law in more than 30 years; and on Health, Education, Labor, and Pensions. pay increase and its subsequent application Whereas, These acts mandate that the Im- to any member of Congress; and migration and Naturalization Service (INS) f arrest, detain, and deport large segments of Whereas, The twenty-seventh amendment’s STATEMENTS ON INTRODUCED requirement for an intervening election is the United States immigrant population and intended to allow voters in each state and the implementation of these laws has had BILLS AND JOINT RESOLUTIONS congressional district to obtain direct infor- far-reaching effects, including unnecessary By Mrs. FEINSTEIN: mation regarding salary increases prior to financial burdens on the state’s legal, social, S. 1188. A bill to provide grants to the reelection of incumbents or the election and welfare systems; and Whereas, The United States has long been State educational agencies and local of others in their stead; and educational agencies for the provision Whereas, Salary increases for members of known as a nation of immigrants, as a cham- Congress currently are regulated by ‘‘The pion of human rights for all peoples, and as of classroom-related technology train- Government Ethics Reform Act of 1989,’’ a country that holds justice and equality ing for elementary and secondary under the law among its highest ideals, espe- (‘‘The Act’’) pursuant to 2 U.S.C. sec. 31; and school teachers; to the Committee on Whereas, The Act gives members of Con- cially equal justice under law; and Health, Education, Labor, and Pen- Whereas, Immigrant detainees may have gress an immediate one-time salary increase been legal permanent residents who have sions. and, in subsequent years, an annual cost of lived almost their entire lives in the United TEACHER TECHNOLOGY TRAINING ACT living adjustment increase to salaries or States, served in the United States military, pensions; and Mrs. FEINSTEIN. Mr. President, have a United States citizen spouse, or have today I am introducing legislation to Whereas, Such annual cost of living adjust- United States citizen children; and ment is established in accordance with fed- Whereas, Detainees, including women and help teachers use technology in their eral law and incorporated in an executive children, are frequently in INS custody for teaching, the Teacher Technology order of the President in December of each periods longer than seventy-two hours and Training Act of 1999. year to establish salary increases that are are especially vulnerable within the INS sys- This bill has three major provisions: put into effect on January 1 of the next year; tem; and It authorizes $500 million for state and Whereas, Families consisting of both legal education departments to award grants Whereas, Through the automatic operation and illegal family members are often divided to local public school districts on the of the cost of living adjustment provisions, causing not only emotional and psycho- congressional salaries have been increased logical hardship when mothers are separated basis of need to train teachers in how on the first day of January for several years; from their children, but also financial dif- to use technology in the classroom. and ficulties resulting in increased welfare rolls It specifies that grants may be used Whereas, Without the action of legislation, when primary wage earners are removed to strengthen instruction and learning, each Congress effectively and automatically from their jobs; provide professional development, and enacts for itself a cost of living adjustment Now, therefore, Your Memorialists respect- pay the costs of teacher training in salary increase in violation of the twenty- fully pray that the President, the Congress, using technology in the classroom. seventh amendment; and and the appropriate agencies continue to Whereas, When each year’s cost of living look closely at current immigration law and It requires the Secretary of Edu- adjustment increase is paid on the following INS policies and practices, and that nec- cation to evaluate the technology January 1 to members of Congress, former essary changes be made so that problems training programs for teachers devel- members, or spouses of deceased members surrounding immigration may be resolved as oped by school districts within three without the process of an intervening elec- soon as possible; and be it years. tion, the twenty-seventh amendment is vio- Resolved, That copies of this Memorial be I am introducing this bill because immediately transmitted to the Honorable lated; now, therefore be it teachers say they need to learn how to Resolved by the Senate of the Sixty-second William J. Clinton, President of the United General Assembly of the State of Colorado, (the States, the President of the United States use computers and other technology in House of Representatives concurring herein), Senate, the Speaker of the House of Rep- their teaching. In a 1998 survey con- That the General Assembly hereby expresses resentatives, each member of Congress from ducted by the U.S. Department of Edu- its opposition to automatic annual cost of the State of Washington, Doris Meissner, cation, only 20 percent of teachers said living adjustment salary increases for mem- Commissioner of the Immigration and Natu- they felt ‘‘well prepared’’ to integrate bers of Congress of the United States as vio- ralization Service, and Gary Locke, the Gov- educational technology into instruc- ernor of the State of Washington. lative of the twenty-seventh amendment to tion. the United States Constitution and hereby f Furthermore, the training that does memorializes the Congress to refrain from enacting any pay increase for members of REPORTS OF COMMITTEES exist for these teachers is inadequate. Congress without an affirmative vote or that The following reports of committees In the same Department of Education takes effect before the following Congress were submitted: survey, among full-time, public school has been elected and fully sworn into office; By Mr. MURKOWSKI, from the Committee teachers, 78 percent said they had par- and be it further on Energy and Natural Resources, with an ticipated in professional development Resolved, That copies of this Memorial be amendment in the nature of a substitute: programs on using educational tech- sent to the President of the United States, S. 323. A bill to redesignate the Black Can- nology in their instruction, but only 23 the President of the Senate and the Speaker yon of the Gunnison National Monument as percent of those teachers said they felt of the House of Representatives of the Con- a national park and establish the Gunnison ‘‘well prepared’’ in this area. Of the gress of the United States, and to each mem- Gorge National Conservation Area, and for ber of the Congressional delegation rep- other purposes (Rept. No. 106–69). teachers who report having received resenting the state of Colorado. By Mr. WARNER, from the Committee on some training, 40 percent felt that it Armed Services, without amendment: had improved their classroom teaching POM–171. A joint resolution adopted by the S. 1009. An original bill to authorize appro- only ‘‘somewhat’’ or ‘‘not at all.’’ This Legislature of the State of Washington rel- priations for fiscal year 2000 for intelligence is unacceptable. What we see now is ative to immigration laws, policies and prac- and intelligence-related activities of the that in many schools the students tices; to the Committee on the Judiciary. United States Government, the Community know more about how to use com- HOUSE JOINT MEMORIAL 4015 Management Account, and the Central Intel- ligence Agency Retirement and Disability puters than the teachers do. In one To the Honorable William J. Clinton, System, and for other purposes. Kentucky school profiled by Inside President of the United States, and to the f Technology Training magazine, the President of the Senate and the Speaker of students run the school’s computer the House of Representatives, and to the INTRODUCTION OF BILLS AND systems. The article quoted the school Senate and House of Representatives of the JOINT RESOLUTIONS United States, in Congress assembled: district’s technology coordinator as We, your Memorialists, the Senate and The following bills and joint resolu- saying that the students had ‘‘long sur- House of Representatives of the State of tions were introduced, read the first passed’’ what the teachers could do and June 8, 1999 CONGRESSIONAL RECORD — SENATE S6711 reported that one student had recently their teachers (Electronic School, ‘‘Going itation that permits interstate move- trained twenty teachers on software Global,’’ February 1995). ment of live birds, for the purpose of for Web page construction (‘‘Fast I agree. fighting, to States in which animal Times at Kentucky High,’’ Inside Tech- Our teachers are not prepared to use fighting is lawful. nology Training, June 1998). technology in their classrooms. Stu- S. 348 I see this problem in my own state. A dents need to learn to use modern tech- At the request of Ms. SNOWE, the report by the Los Angeles County Of- nology and it can help them learn. If name of the Senator from Rhode Island fice of Education in 1996 found that in we are expecting teachers to use up-to- (Mr. CHAFEE) was added as a cosponsor Los Angeles County, nearly half of the date methods and tools, we must train of S. 348, a bill to authorize and facili- teachers had no experience with com- them to do so. This bill will provide tate a program to enhance training, re- puters or had only limited familiarity some of the funds needed to do that. search and development, energy con- with word processing software. Accord- By introducing this bill I am not sug- servation and efficiency, and consumer ing to a 1998 report by the California gesting that technology is a cure-all education in the oilheat industry for Teachers Association, teachers in Cali- for the problems in our schools. Tech- the benefit of oilheat consumers and fornia rank training in the use of new nology is one of many teaching and the public, and for other purposes. technology fourth among eighteen learning tools. It can bring some effi- S. 459 ciencies to learning, for example, pro- changes they believe could most im- At the request of Mr. BREAUX, the prove public education. Forty-five per- viding a new way to do math and spell- name of the Senator from New York ing drills or keeping students engaged cent of the teachers surveyed said more (Mr. SCHUMER) was added as a cospon- technology training would greatly im- in learning while a teacher works with sor of S. 459 a bill to amend the Inter- prove conditions for teaching and other students who need extra help. It nal Revenue Code of 1986 to increase learning (CTA for the Next Century, can also be an important research tool the State ceiling on private activity 1998). by providing easy access to informa- bonds. It is crucial that we given students tion that, without a computer, is not S. 512 the opportunity to become familiar easily available. with technology in their classrooms be- We expect a great deal from our At the request of Mr. GORTON, the cause post-high school education and teachers and students. We must give name of the Senator from Delaware most good jobs require experience them the resources they need. This bill (Mr. ROTH) was added as a cosponsor of using computers. U.S. Commerce Sec- is one step. S. 512, a bill to amend the Public Health Service Act to provide for the retary William M. Daley has said, ‘‘Op- f portunities are now dependent upon a expansion, intensification, and coordi- ADDITIONAL COSPONSORS person’s ability to use computers and nation of the activities of the Depart- engage in using the Internet’’ (CQ S. 37 ment of Health and Human Services with respect to research on autism. Weekly, ‘‘Digital Haves and Have At the request of Mr. GRASSLEY, the Nots,’’ April 17, 1999). In my state, a name of the Senator from Kansas (Mr. S. 541 1997 Rand report found that there is ROBERTS) was added as a cosponsor of At the request of Ms. COLLINS, the currently a shift in the state’s econ- S. 37, a bill to amend title XVIII of the name of the Senator from South Da- omy away from manufacturing and to- Social Security Act to repeal the re- kota (Mr. DASCHLE) was added as a co- ward higher-skill service and tech- striction on payment for certain hos- sponsor of S. 541, a bill to amend title nology industries, and employers are pital discharges to post-acute care im- XVIII of the Social Security Act to placing a higher premium on the com- posed by section 4407 of the Balanced make certain changes related to pay- puter skills necessary for these posi- Budget Act of 1997. ments for graduate medical education tions (Immigration in a Changing S. 216 under the medicare program. Economy, Rand, 1997). Students are At the request of Mr. MOYNIHAN, the S. 590 better educated when their teachers name of the Senator from Florida (Mr. At the request of Mr. FEINGOLD, the are well trained. We cannot prepare MACK) was added as a cosponsor of S. name of the Senator from Vermont students for the increasingly techno- 216, a bill to amend the Internal Rev- (Mr. JEFFORDS) was added as a cospon- logical workplace without trained enue Code of 1986 to repeal the limita- sor of S. 590, a bill to amend the Inter- teachers. tion on the use of foreign tax credits nal Revenue Code of 1986 to repeal the We have made great efforts to make under the alternative minimum tax. percentage depletion allowance for cer- technology available to students in S. 296 tain hardrock mines, and for other pur- their classrooms, and now we have a At the request of Mr. FRIST, the poses. national student to computer ratio of name of the Senator from Kentucky S. 600 10 to 1. Seventy-eight percent of our (Mr. BUNNING) was added as a cosponsor At the request of Mr. WELLSTONE, the nation’s schools have Internet access. of S. 296, a bill to provide for continu- name of the Senator from Maine (Ms. These are good first steps. ation of the Federal research invest- SNOWE) was added as a cosponsor of S. But also essential is having teachers ment in a fiscally sustainable way, and 600, a bill to combat the crime of inter- and students use all this technology in for other purposes. national trafficking and to protect the their day-to-day classroom activities S. 337 rights of victims. when it can enhance learning. This will S. 625 not happen until teachers are trained At the request of Mr. HUTCHINSON, the name of the Senator from Kansas At the request of Mr. GRASSLEY, the in how to include technology in their name of the Senator from Idaho (Mr. instruciton. (Mr. BROWNBACK) was added as a co- CRAPO was added as a cosponsor of S. One teacher expressed her frustration sponsor of S. 337, a bill to preserve the 625, a bill to amend title 11, United in an article in the National School balance of rights between employers, States Code, and for other purposes. Boards Association’s Electronic School employees, and labor organizations magazine: which is fundamental to our system of S. 632 Most teachers have no model to show them collective bargaining while preserving At the request of Mr. DEWINE the the advantages of hooking up to the projects the rights of workers to organize, or name of the Senator from Wyoming available on the Internet. And shrinking otherwise engage in concerted activi- (Mr. ENZI) was added as a cosponsor of school budgets don’t provide nearly enough ties protected under the National S. 632, a bill to provide assistance for money to train teachers in new or visionary Labor Relations Act. poison prevention and to stabilize the techniques. Meanwhile, we can’t escape the S. 345 funding of regional poison control cen- magazine and newspaper articles touting the At the request of Mr. ALLARD, the ters. Information Superhighway and heralding S. 642 new ways of responding to, using, and learn- name of the Senator from Connecticut ing information in our society. Well, who (Mr. LIEBERMAN) was added as a co- At the request of Mr. GRASSLEY, the most needs to learn to traverse this road sponsor of S. 345, a bill to amend the name of the Senator from Georgia (Mr. successfully? Society future leaders—and Animal Welfare Act to remove the lim- COVERDELL) was added as a cosponsor S6712 CONGRESSIONAL RECORD — SENATE June 8, 1999 of S. 642, a bill to amend the Internal S. 784 the Clean Air Act to incorporate cer- Revenue Code of 1986 to provide for At the request of Mr. ROCKEFELLER, tain provisions of the transportation Farm and Ranch Risk Management Ac- the names of the Senator from Michi- conformity regulations, as in effect on counts, and for other purposes. gan (Mr. ABRAHAM) and the Senator March 1, 1999. S. 659 from Iowa (Mr. GRASSLEY) were added S. 1066 At the request of Mr. MOYNIHAN, the as cosponsors of S. 784, a bill to estab- At the request of Mr. ROBERTS, the name of the Senator from South Da- lish a demonstration project to study name of the Senator from Wyoming kota (Mr. JOHNSON) was added as a co- and provide coverage of routine patient (Mr. ENZI) was added as a cosponsor of sponsor of S. 659, a bill to amend the care costs for medicare beneficiaries S. 1066, a bill to amend the National Internal Revenue Code of 1986 to re- with cancer who are enrolled in an ap- Agricultural Research, Extension, and quire pension plans to provide adequate proved clinical trial program. Teaching Policy Act of 1977 to encour- notice to individuals whose future ben- S. 880 age the use of and research into agri- efit accruals are being significantly re- At the request of Mr. INHOFE, the cultural best practices to improve the duced, and for other purposes. names of the Senator from Kansas (Mr. environment, and for other purposes. S. 662 ROBERTS) and the Senator from South S. 1067 At the request of Mr. ROCKEFELLER, At the request of Mr. CHAFEE, the Dakota (Mr. JOHNSON) were added as name of the Senator from Montana cosponsors of S. 880, a bill to amend the the name of the Senator from Vermont (Mr. JEFFORDS) was added as a cospon- (Mr. BAUCUS) was added as a cosponsor Clean Air Act to remove flammable of S. 662, a bill to amend title XIX of fuels from the list of substances with sor of S. 1067, a bill to promote the the Social Security Act to provide respect to which reporting and other adoption of children with special needs. medical assistance for certain women activities are required under the risk S. 1074 screened and found to have breast or management plan program. At the request of Mr. TORRICELLI, the cervical cancer under a federally fund- S. 897 names of the Senator from Kansas (Mr. ed screening program. At the request of Mr. BAUCUS, the BROWNBACK) and the Senator from Vir- ginia (Mr. WARNER) were added as co- S. 664 names of the Senator from Alaska (Mr. MURKOWSKI) and the Senator from sponsors of S. 1074, a bill to amend the At the request of Mr. CHAFEE, the Social Security Act to waive the 24- name of the Senator from Nevada (Mr. Washington (Mr. GORTON) were added as cosponsors of S.897, a bill to provide month waiting period for medicare cov- BRYAN) was added as a cosponsor of S. erage of individuals with amyotrophic 664, a bill to amend the Internal Rev- matching grants for the construction, renovation and repair of school facili- lateral sclerosis (ALS), and to provide enue Code of 1986 to provide a credit medicare coverage of drugs and against income tax to individuals who ties in areas affected by Federal Ac- tivities, and for other purposes. biologicals used for the treatment of rehabilitate historic homes or who are ALS or for the alleviation of symptoms S. 951 the first purchasers of rehabilitated relating to ALS. historic homes for use as a principal At the request of Mr. DOMENICI, the S. 1106 residence. name of the Senator from Massachu- At the request of Mr. TORRICELLI, the S. 740 setts (Mr. KENNEDY) was added as a co- sponsor of S. 951, a bill to amend the name of the Senator from Maryland At the request of Mr. CRAIG, the (Ms. MIKULSKI) was added as a cospon- name of the Senator from South Caro- Internal Revenue Code of 1986 to estab- lish a permanent tax incentive for re- sor of S. 1106, a bill to amend the Pub- lina (Mr. THURMOND) was added as a co- lic Health Service Act and Employee sponsor of S. 740, a bill to amend the search and development, and for other purposes. Retirement Income Security Act of Federal Power Act to improve the hy- 1974 to require that group and indi- S. 1003 droelectric licensing process by grant- vidual health insurance coverage and ing the Federal Energy Regulatory At the request of Mr. ROCKEFELLER, group health plans provide coverage for Commission statutory authority to the name of the Senator from Cali- qualified individual for bone mass better coordinate participation by fornia (Mrs. BOXER) was added as a co- measurement (bone density testing) to other agencies and entities, and for sponsor of S. 1003, a bill to amend the prevent fractures associated with other purposes. Internal Revenue Code of 1986 to pro- osteoporosis. vide increased tax incentives for the S. 751 S. 1110 purchase of alternative fuel and elec- At the request of Mr. LEAHY, the At the request of Mr. LOTT, the name tric vehicle, and for other purposes. name of the Senator from Virginia (Mr. of the Senator from Ohio (Mr. DEWINE) ROBB) was added as a cosponsor of S. S. 1010 was added as a cosponsor of S. 1110, a 751, a bill to combat nursing home At the request of Mr. JEFFORDS, the bill to amend the Public Health Serv- fraud and abuse, increase protections name of the Senator from Florida (Mr. ice Act to establish the National Insti- for victims of telemarketing fraud, en- MACK) was added as a cosponsor of S. tute of Biomedical Imaging and Engi- hance safeguards for pension plans and 1010, a bill to amend the Internal Rev- neering. health care benefit programs, and en- enue Code of 1986 to provide for a med- S. 1128 hance penalties for crimes against sen- ical innovation tax credit for clinical At the request of Mr. LOTT, his name iors, and for other purposes. testing research expenses attributable was added as a cosponsor of S. 1128, a to academic medical centers and other S. 777 bill to amend the Internal Revenue qualified hospital research organiza- At the request of Mr. FITZGERALD, Code of 1986 to repeal the Federal es- the names of the Senator from Mon- tions. tate and gift taxes and the tax on gen- tana (Mr. BURNS), the Senator from S. 1023 eration-skipping transfers, to provide Alaska (Mr. STEVENS), the Senator At the request of Mr. MOYNIHAN, the for a carryover basis at death, and to from Minnesota (Mr. GRAMS), the Sen- names of the Senator from Maryland establish a partial capital gains exclu- ator from Alabama (Mr. SESSIONS), and (Ms. MIKULSKI) and the Senator from sion for inherited assets. the Senator from Illinois (Mr. DURBIN) Oregon (Mr. SMITH) were added as co- S 1148 were added as cosponsors of S. 777, a sponsors of S. 1023, a bill to amend title At the request of Mr. DASCHLE, the bill to require the Department of Agri- XVIII of the Social Security Act to sta- names of the Senator from South Da- culture to establish an electronic filing bilize indirect graduate medical edu- kota (Mr. JOHNSON) and the Senator and retrieval system to enable the pub- cation payments. from Nebraska (Mr. HAGEL) were added lic to file all required paperwork elec- S. 1053 as cosponsors of S. 1148, a bill to pro- tronically with the Department and to At the request of Mr. BOND, the vide for the Yankton Sioux Tribe and have access to public information on names of the Senator from Georgia the Santee Sioux Tribe of Nebraska farm programs, quarterly trade, eco- (Mr. COVERDELL) and the Senator from certain benefits of the Missouri River nomic, and production reports, and Missouri (Mr. ASHCROFT) were added as Basin Pick-Sloan project, and for other other similar information. cosponsors of S. 1053, a bill to amend purpose. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6713 S. 1150 seeable future requirements for such air- Mr. DOMENICI submitted an amend- At the request of Mr. HATCH, the craft, the cost of leasing such aircraft, com- ment intended to be proposed by him names of the Senator from Connecticut mercial alternatives to use of such aircraft, to the bill (S. 96) to regulate commerce the cost of maintaining the aircraft, the ca- (Mr. LIEBERMAN) and the Senator from between and among the several States pability and appropriateness of the aircraft Maine (Ms. SNOWE) were added as co- to fulfill mission requirements, and the rel- by providing for the orderly resolution sponsors of S. 1150, a bill to amend the evancy of the missions of the aircraft to of disputes arising out of computer- Internal Revenue Code of 1986 to more warfighting requirements. based problems related to processing accurately codify the depreciable life data that includes a 2-digit expression of semiconductor manufacturing equip- STEVENS AMENDMENT NO. 542 of that year’s date; as follows: ment. At the appropriate place, insert the fol- Mr. STEVENS proposed an amend- S. 1177 lowing: ment to the bill, S. 1122, supra; as fol- At the request of Mr. HARKIN, the SEC. ll. WAIVER OF SOVEREIGN IMMUNITY FOR lows: name of the Senator from North Da- A Y2K ACTION. In the appropriate place in the bill, insert (a) IN GENERAL.—Consent is given to join kota (Mr. DORGAN) was added as a co- the following new section: the United States as a necessary party de- sponsor of S. 1177, a bill to amend the ‘‘SEC. . In addition to any funds appro- fendant in a Y2K action. Food Security Act of 1985 to permit the priated elsewhere in Title IV of this Act (b) JURISDICTION AND REVIEW.—The United harvesting of crops on land subject to under the heading ‘‘Research, Development, States, when a party to any Y2K action— conservation reserve contracts for re- Test and Evaluation, Army’’, $9,000,000 is (1) shall be deemed to have waived any covery of biomass used in energy pro- hereby appropriated only for the Army Test right to plead that it is not amenable there- duction. Ranges and Facilities program element.’’ to by reason of its sovereignty; (2) shall be subject to judgments, orders, S. 1187 and decrees of the court having jurisdiction; At the request of Mr. DORGAN, the STEVENS AMENDMENT NO. 543 and name of the Senator from Nebraska Mr. STEVENS proposed an amend- (3) may obtain review thereof, in the same (Mr. HAGEL) was added as a cosponsor ment to the bill, S. 1122, supra; as fol- manner and to the same extent as a private of S. 1187, a bill to require the Sec- lows: individual under like circumstances. retary of the Treasury to mint coins in At the appropriate place in the bill, insert f commemoration of the bicentennial of the following: DEPARTMENT OF DEFENSE the Lewis and Clark Expedition, and SEC. . Notwithstanding any other provi- for other purposes. sion in this Act, the total amount appro- APPROPRIATIONS ACT, 2000 SENATE RESOLUTION 34 priated in this Act for Title IV under the heading ‘‘Research, Development, Test, And At the request of Mr. TORRICELLI, the Evaluation, Navy’’, is hereby reduced by BIDEN (AND OTHERS) AMENDMENT names of the Senator from Delaware $26,840,000 and the total amount appropriated NO. 547 (Mr. ROTH) and the Senator from Maine in this Act for Title IV under the heading Mr. INOUYE (for Mr. BIDEN (for him- (Ms. COLLINS) were added as cosponsors ‘‘Research, Development, Test, And Evalua- of Senate Resolution 34, a resolution tion, Defense-Wide’’, is hereby increased by self, Mr. SCHUMER, and Mr. EDWARDS)) designating the week beginning April $51,840,000 to reflect the transfer of the Joint proposed an amendment to the bill, S. 30, 1999, as ‘‘National Youth Fitness Warfighting Experimentation program: pro- 1122, supra; as follows: Week.’’ vided, That none of the funds provided for On page 107, between lines 12 and 13, insert the Joint Warfighting Experimentation Pro- the following: SENATE RESOLUTION 59 gram may be obligated until the Vice Chair- SEC. 8109. Of the funds appropriated in title At the request of Mr. LAUTENBERG, man of the Joint Chiefs of Staff reports to IV under the heading ‘‘RESEARCH, DEVELOP- the names of the Senator from Maine the Congressional defense committees on the MENT, TEST, AND EVALUATION, AIR FORCE’’, (Ms. SNOWE), the Senator from Okla- role and participation of all unified and spec- $63,041,000 shall be available for C–5 aircraft homa (Mr. INHOFE), the Senator from ified commands in the JWEP. modernization. Oregon (Mr. SMITH), the Senator from South Carolina (Mr. THURMOND), and STEVENS AMENDMENT NO. 544 GREGG AMENDMENT NO. 548 the Senator from Nevada (Mr. BRYAN) Mr. STEVENS proposed an amend- Mr. GREGG proposed an amendment were added as cosponsors of Senate ment to the bill, S. 1122, supra; as fol- to the bill, S. 1122, supra; as follows: Resolution 59, a resolution designating lows: both July 2, 1999, and July 2, 2000, as At the appropriate place in the bill, insert In the appropriate place in the bill, insert the following new section: ‘‘National Literacy Day.’’ the following new section: SEC. lll. PROHIBITION ON USE OF REFUGEE f SEC. . In addition to the amounts appro- RELIEF FUNDS FOR LONG-TERM RE- priated or otherwise made available else- GIONAL DEVELOPMENT OR RECON- AMENDMENTS SUBMITTED where in this Act for the Department of De- STRUCTION IN SOUTHEASTERN EU- fense, $23,000,000, to remain available until ROPE. September 30, 2000 is hereby appropriated to None of the funds made available in the DEPARTMENT OF DEFENSE the Department of Defense: Provided, that 1999 Emergency Supplemental Appropria- APPROPRIATIONS ACT, 2000 the Secretary of Defense shall make a grant tions Act (Public Law 106–31) for emergency in the amount of $23,000,000 to the American support of refugees and displaced persons and Red Cross for Armed Forces Emergency the local communities directly affected by BOXER (AND OTHERS) Services. the influx of refugees may be made available AMENDMENT NO. 541 to implement a long-term, regional program of development or reconstruction in South- Mrs. BOXER (for herself, Mr. HARKIN, STEVENS AMENDMENT NO. 545 eastern Europe except pursuant to specific Mr. WYDEN, and Mr. FEINGOLD) pro- Mr. STEVENS proposed an amend- statutory authorization enacted on or after posed an amendment to the bill (S. ment to the bill, S. 1122, supra; as fol- the date of enactment of this Act. 1122) making appropriations for the De- lows: partment of Defense for the fiscal year At the appropriate place in the bill insert BYRD AMENDMENTS NOS. 549–450 ending September 30, 2000, and for the following: Mr. BYRD proposed two amendments other purposes; as follows: SEC. . In addition to the funds available to the bill, S. 1122, supra; as follows: Strike section 8106, and insert the fol- in Title III, $10,000,000 is hereby appropriated lowing: for U–2 cockpit modifications. AMENDMENT NO. 549 SEC. 8106. Not later than March 1, 2000, the f On page 107, between lines 12 and 13, insert Secretary of Defense shall submit to Con- the following: gress a report on the inventory and status of Y2K ACT SEC. 8109. Of the funds appropriated in title operational support aircraft, Commander-in- II under the heading ‘‘OPERATION AND MAIN- Chief support aircraft, and command support TENANCE, DEFENSE-WIDE’’ for the Office of aircraft of the Department of Defense. The DOMENICI AMENDMENT NO. 546 the Special Assistant to the Deputy Sec- report shall include a detailed discussion of retary of Defense for Gulf War Illnesses, the requirements for such aircraft, the fore- (Ordered to lie on the table.) $10,000,000 shall be available for carrying out S6714 CONGRESSIONAL RECORD — SENATE June 8, 1999

the first-year actions under the 5-year re- MENT, TEST, AND EVALUATION, AIR FORCE’’, At the appropriate place in the bill, insert search plan outlined in the report entitled up to $6,000,000 may be made available for the following: ‘‘Department of Defense Strategy to Address the 3–D advanced track acquisition and im- SEC. 8109. Of the funds appropriated in title Low-Level Exposures to Chemical Warfare aging system. IV under the heading ‘‘Research, Develop- Agents (CWAs)’’, dated May 1999, that was ment, Test, and Evaluation, Army’’, up to submitted to committees of Congress pursu- AMENDMENT NO. 554 $3,000,000 may be made available for the Na- ant to section 247(d) of the Strom Thurmond At the appropriate place in the bill, insert tional Defense Center for Environmental Ex- National Defense Authorization Act for Fis- the following: cellence Pollution Prevention Initiative. cal Year 1999 (Public Law 105–261; 112 Stat. SEC. 8109. Of the funds appropriated in title 1957). IV under the heading ‘‘RESEARCH, DEVELOP- REID AMENDMENT NO. 561 MENT, TEST, AND EVALUATION, NAVY’’, up to AMENDMENT NO. 550 $3,000,000 may be made available for elec- Mr. STEVENS (for Mr. REID) pro- On page 107, between lines 12 and 13, insert tronic propulsion systems. posed an amendment to the bill, S. the following: 1122, supra; as follow: SEC. 8109. Of the funds appropriated in title AMENDMENT NO. 555 In the appropriate place in the bill, insert III under the heading ‘‘OTHER PROCUREMENT, At the appropriate place in the bill, insert the following new section: ARMY’’, $51,250,000 shall be available for the the following: ‘‘SEC. . Of the funds made available in Information System Security Program, of SEC. . Of the funds appropriated in title Title IV of this Act under the heading ‘‘Re- which $10,000,000 shall be available for an im- IV under the heading ‘‘Counter-Drug Activi- search, Development, Test and Evaluation, mediate assessment of biometrics sensors ties, Defense’’, up to $5,000,000 may be made Defense-Wide’’, up to $4,500,000 may be made and templates repository requirements and available for a ground processing station to available for a hot gas decontamination fa- for combining and consolidating biometrics support a tropical remote sensing radar. cility. security technology and other information assurance technologies to accomplish a more BURNS AMENDMENT NO. 556 focused and effective information assurance Mr. STEVENS (for Mr. BURNS) pro- LIEBERMAN AMENDMENT NO. 562 effort. posed an amendment to the bill, S. Mr. STEVENS (for Mr. LIEBERMAN) 1122, supra; as follows: proposed an amendment to the bill, S. NICKLES AMENDMENT NO. 551 Insert at the appropriate place in the bill 1122, supra; as follows: Mr. STEVENS (for Mr. NICKLES) pro- the following: At the appropriate place in the bill, insert posed an amendment to the bill, S. ‘‘SEC. . Of the funds made available under the following: the heading ‘‘Research, Development, Test, 1122, supra; as follows: SEC. . Of the funds made available under and Evaluation, Army’’; up to $6,000,000 may the heading ‘‘Defense Health Program’’, up At the appropriate place in the bill, insert be provided to the U.S. Army Construction to $2,000,000 may be made available to sup- the following: Engineering Research Laboratory to con- port the establishment of a DOD Center for None of the funds appropriated or other- tinue research and development to reduce Medical Informatics. wise made available by this or any other act pollution associated with industrial manu- may be made available for reconstruction ac- facturing waste systems.’’ tivities in the Republic of Serbia (excluding REID AMENDMENT NO. 563 the province of Kosovo) as long as Slobodan MCCONNELL AMENDMENT NO. 557 Mr. STEVENS (for Mr. REID) pro- Milosevic remains the President of the Fed- posed an amendment to the bill, S. eral Republic of Yugoslavia (Serbia and Mon- Mr. STEVENS (for Mr. MCCONNELL) tenegro). proposed an amendment to the bill, S. 1122, supra; as follows: 1122, supra; as follows: On page 107, between lines 12 and 13, insert the following: INHOFE AMENDMENT NO. 552 At the appropriate place in the bill, insert SEC. . Of the funds appropriated in Title the following: Mr. STEVENS (for Mr. INHOFE) pro- III under the heading ‘‘PROCUREMENT, SEC. . Of the funds appropriated in title II posed an amendment to the bill, S. MARINE CORPS’’, up to $2,800,000 may be under the heading ‘‘OPERATION AND MAINTE- made available for the K-Band Test Obscura- 1122, supra; as follows: NANCE, NAVY’’, up to $13,000,000 may be avail- tion Pairing System. SEC. . The Department of the Army is di- able for depot overhaul of the MK-45 weapon rected to conduct a live fire, side-by-side system, and up to $19,000,000 may be avail- operational test of the air-to-air Starstreak able for depot overhaul of the Close In Weap- KERREY AMENDMENT NO. 564 and air-to-air Stinger missiles from the AH– on System. 64D Longbow helicopter. The operational Mr. STEVENS (for Mr. KERREY) pro- posed an amendment to the bill S. 1122, test is to be completed utilizing funds pro- STEVENS AMENDMENT NO. 558 vided for in this bill in addition to funding supra; as follows: provided for this purpose in the Fiscal Year Mr. STEVENS proposed an amend- At the appropriate place in the bill, insert 1999 Defense Appropriations Act (P.L. 105– ment to the bill, S. 1122, supra; as fol- the following: 262): Provided, That notwithstanding any lows: SEC. . Of the funds made available under other provision of law, the Department is to At the end of the general provisions, add the heading ‘‘Research, Development, Test ensure that the development, procurement the following: and Evaluation, Army’’, up to $2,000,000 may or integration of any missile for use on the SEC. . Of the funds appropriated in Title be made available to continue and expand AH–64 or RAH–66 helicopters, as an air-to-air IV under the heading ‘‘Research, Develop- on-going work in recombinant vaccine re- missile, is subject to a full and open com- ment, Test, And Evaluation, Army’’, up to search against biological warfare agents. petition which includes the conduct of a live- $1,500,000 may be available for prototyping fire, side-by-side test as an element of the and testing of a water distributor for the LAUTENBERG AMENDMENT NO. 565 source selection criteria: Provided further, Pallet-Loading System Engineer Mission That the Under Secretary of Defense (Acqui- Module System. Mr. STEVENS (for Mr. LAUTENBERG) sition & Technology) will conduct an inde- proposed an amendment to the bill S. pendent review of the need, and the merits of 1122, supra; as follows: acquiring an air-to-air missile to provide BENNETT AMENDMENT NO. 559 At the end of the general provisions, add self-protection for the AH–64 and RAH–66 Mr. STEVENS (for Mr. BENNETT) pro- the following: from the threat of hostile forces. The Sec- posed an amendment to the bill, S. SEC. 8109. (a) The purpose of this section is retary is to provide his findings in a report 1122, supra; as follows: to provide means for the City of Bayonne, to the Defense Oversight Committees, no At the appropriate place in the bill insert New Jersey, to furnish fire protection later than March 31, 2000. the following new general provisions: through the City’s municipal fire depart- SEC. . Of the funds provided under Title ment for the tenants, including the Coast MACK AMENDMENTS NOS. 553–555 IV of this Act under Research, Development, Guard, and property at Military Ocean Ter- Mr. STEVENS (for Mr. MACK) pro- Test and Evaluation, Air Force’, up to minal, New Jersey, thereby enhancing the posed three amendments to the bill, S. $1,000,000 may be made available only for al- City’s capability for furnishing safety serv- ternative missile engine source development. 1122, supra; as follows: ices that is a fundamental capability nec- essary for encouraging the economic devel- AMENDMENT NO. 553 HOLLINGS AMENDMENT NO. 560 opment of Military Ocean Terminal. At the appropriate place in the bill, insert (b) The Secretary of the Army may, not- the following: Mr. STEVENS (for Mr. HOLLINGS) withstanding title II of the Federal Property SEC. 8109. Of the funds appropriated in title proposed an amendment to the bill, S. and Administrative Services Act of 1949, con- IV under the heading ‘‘RESEARCH, DEVELOP- 1122, supra; as follows: vey without consideration to the Bayonne June 8, 1999 CONGRESSIONAL RECORD — SENATE S6715 Local Redevelopment Authority, Bayonne, STEVENS AMENDMENT NO. 570 SEC. 8109. (a) PURPOSE.—The purpose of New Jersey, and to the City of Bayonne, New this section is to evaluate and demonstrate Jersey, jointly, all right, title, and interest Mr. STEVENS proposed an amend- methods for more efficient operation of mili- of the United States in and to the fire- ment to the bill, S. 1122, supra; as fol- tary installations through improved capital fighting equipment described in subsection lows: asset management and greater reliance on (c). In the appropriate place in the bill, insert the public or private sector for less-costly (c) The equipment to be conveyed under the following new section: base support services, where available. subsection (b) is firefighting equipment at SEC. . Of the funds made available in Title (b) AUTHORITY.—(1) The Secretary of the Military Ocean Terminal, Bayonne, New Jer- IV of this Act for the Defense Advanced Re- Air Force may carry out at Brooks Air Force sey, as follows: search Projects Agency under the heading Base, Texas, a demonstration project to be (1) Pierce Dash 2000 Gpm Pumper, manu- ‘‘Research, Development, Test and Evalua- known as the ‘‘Base Efficiency Project’’ to factured September 1995. tion, Defense-Wide’’, up to $20,000,000 may be improve mission effectiveness and reduce the (2) Pierce Arrow 100-foot Tower Ladder, made available for supersonic aircraft noise cost of providing quality installation support manufactured February 1994. mitigation research and development efforts. at Brooks Air Force Base. (2) The Secretary shall carry out the (3) Pierce HAZMAT truck, manufactured Project in consultation with the Community 1993. LEAHY AMENDMENT NO. 571 to the extent the Secretary determines such (4) Ford E–350, manufactured 1992. Mr. STEVENS (for Mr. LEAHY) pro- consultation is necessary and appropriate. (5) Ford E–302, manufactured 1990. (3) The authority provided in this section (6) Bauer Compressor, Bauer–UN 12– posed an amendment to the bill, S. is in addition to any other authority vested E#5000psi, manufactured November 1989. 1122, supra; as follows: in or delegated to the Secretary, and the (d) The conveyance and delivery of the On line 22, page 97, insert the following: Secretary may exercise any authority or property shall be at no cost to the United (d) REPORT.—Not more than 15 days after combination of authorities provided under States. the exercise of any waiver under subsection this section or elsewhere to carry out the (e) The Secretary may require such addi- (c), the Secretary of Defense shall submit a purposes of the Project. tional terms and conditions in connection report to the congressional defense commit- (c) EFFICIENT PRACTICES.—(1) The Sec- with the conveyance under this section as tees describing the extraordinary cir- retary may convert services at or for the the Secretary considers appropriate to pro- cumstances, the purpose and duration of the benefit of the Base from accomplishment by tect the interests of the United States. training program, the United States forces military personnel or by Department civil- and the foreign security forces involved in ian employees (appropriated fund or non-ap- the training program, and the information propriated fund), to services performed by BIDEN AMENDMENT NO. 566 relating to human rights violations that ne- contract or provided as consideration for the Mr. STEVENS (for Mr. BIDEN) pro- cessitates the waiver. lease, sale, or other conveyance or transfer of property. posed an amendment to the bill S. 1122, (2) Notwithstanding section 2462 of title 10, supra; as follows: SHELBY AMENDMENT NO. 572 United States Code, a contract for services At the end of the general provisions, add Mr. STEVENS (for Mr. SHELBY) pro- may be awarded based on ‘‘best value’’ if the the following: posed an amendment to the bill, S. Secretary determines that the award will ad- vance the purposes of a joint activity con- SEC. 8109. Of the funds appropriated in title 1122, supra; as follows: IV under the heading ‘‘RESEARCH, DEVELOP- ducted under the Project and is in the best MENT, TEST, AND EVALUATION, NAVY’’, up to At the appropriate place in the bill, insert interest of the Department. $3,000,000 may be made available for basic re- the following: (3) Notwithstanding that such services are search on advanced composite materials SEC. . From within the funds provided for generally funded by local and State taxes processing (specifically, resin transfer mold- the Defense Acquisition University, up to and provided without specific charge to the ing, vacuum-assisted resin transfer molding, $5,000,000 may be spent on a pilot program public at large, the Secretary may contract and co-infusion resin transfer molding). using state-of-the-art training technology for public services at or for the benefit of the that would train the acquisition workforce Base in exchange for such consideration, if in a simulated government procurement en- any, the Secretary determines to be appro- DOMENICI AMENDMENTS NOS. 567– vironment. priate. 568 (4)(A) The Secretary may conduct joint ac- tivities with the Community, the State, and Mr. STEVENS (for Mr. DOMENICI) INOUYE AMENDMENT NO. 573 any private parties or entities on or for the proposed two amendments to the bill S. Mr. STEVENS (for Mr. INOUYE) pro- benefit of the Base. 1122, supra; as follows: posed an amendment to the bill S. 1122, (B) Payments or reimbursements received from participants for their share of direct AMENDMENT NO. 567 supra; as follows: and indirect costs of joint activities, includ- At the appropriate place in the bill, insert: At the appropriate place in the bill add the ing the costs of providing, operating, and SEC. 8109. Of the funds appropriated in title following: maintaining facilities, shall be in an amount IV under the heading ‘‘RESEARCH, DEVELOP- SEC. . During the current fiscal year, and type determined to be adequate and ap- MENT, TEST, AND EVALUATION, ARMY’’, up to under regulations prescribed by the Sec- propriate by the Secretary. $5,000,000 may be available for Information retary of Defense, the Center of Excellence (C) Such payments or reimbursements re- Warfare Vulnerability Analysis. for Disaster Management and Humanitarian ceived by the Department shall be deposited Assistance may also pay, or authorize pay- into the Project Fund. AMENDMENT NO. 568 ment for, the expenses of providing or facili- (d) LEASE AUTHORITY.—(1) The Secretary tating education and training for appro- At the appropriate place in the bill, insert: may lease real or personal property located priate military and civilian personnel of for- on the Base to any lessee upon such terms SEC. 8109. Of the funds appropriated in title eign countries in disaster management and and conditions as the Secretary considers ap- IV under the heading ‘‘RESEARCH, DEVELOP- humanitarian assistance: Provided, That not propriate and in the interest of the United MENT, TEST, AND EVALUATION, AIR FORCE’’, later than April 1, 2001, the Secretary of De- States, if the Secretary determines that the up to $7,500,000 may be made available for fense shall submit to the congressional de- lease would facilitate the purposes of the GEO High Resolution Space Object Imaging fense committees a report regarding the Project. Program. training of foreign personnel conducted (2) Consideration for a lease under this sub- under this authority during the preceding section shall be determined in accordance WYDEN (AND SMITH) AMENDMENT fiscal year for which expenses were paid with subsection (g). (3) A lease under this subsection— NO. 569 under the section: Provided further, That the report shall specify the countries in which (A) may be for such period as the Secretary Mr. STEVENS (for Mr. WYDEN (for the training was conducted, the type of determines is necessary to accomplish the himself and Mr. SMITH of Oregon)) pro- training conducted, and the foreign per- goals of the Project; and posed an amendment to the bill S. 1122, sonnel trained. (B) may give the lessee the first right to supra; as follows: purchase the property if the lease is termi- HUTCHISON (AND GRAMM) nated to allow the United States to sell the At the appropriate place in the bill, insert: property under any other provision of law. SEC. 8109. Of the funds appropriated in title AMENDMENT NO. 574 (4)(A) The interest of a lessee of property IV under the heading ‘‘RESEARCH, DEVELOP- Mr. STEVENS (for Mrs. HUTCHISON leased under this subsection may be taxed by MENT, TEST, AND EVALUATION, ARMY’’, up to (for herself and Mr. GRAMM)) proposed the State or the Community. $4,000,000 may be available solely for re- (B) A lease under this subsection shall pro- search, development, test, and evaluation of an amendment to the bill S. 1122, vide that, if and to the extent that the leased elastin-based artificial tissues and dye tar- supra; as follows: property is later made taxable by State gov- geted laser fusion techniques for healing in- On page 107, between lines 12 and 13, insert ernments or local governments under Fed- ternal injuries. the following: eral law, the lease shall be renegotiated. S6716 CONGRESSIONAL RECORD — SENATE June 8, 1999 (5) The Department may furnish a lessee for a lease, sale, or other conveyance or (2) The Secretary shall determine the value with utilities, custodial services, and other transfer of real or personal property or for of the interest in the real property to be ac- base operation, maintenance, or support other actions taken under the Project. quired and the consideration (if any) to be services, in exchange for such consideration, (2) Consideration may be in cash or in-kind offered in exchange for the interest. payment, or reimbursement as the Secretary or any combination thereof. In-kind consid- (3) The authority to acquire an interest in determines appropriate. eration may include the following: real property under this subsection includes (6) All amounts received from leases under (A) Real property. authority to make surveys and acquire such this subsection shall be deposited into the (B) Personal property. interest by purchase, exchange, lease, or gift. Project Fund. (C) Goods or services, including operation, (4) Payments for such acquisitions may be (7) A lease under this subsection shall not maintenance, protection, repair, or restora- made from amounts in the Project Fund or be subject to the following provisions of law: tion (including environmental restoration) from such other funds appropriated or other- (A) Section 2667 of title 10, United States of any property or facilities (including non- wise available to the Department for such Code, other than subsection (b)(1) of that appropriated fund facilities). purposes. section. (D) Base operating support services. (k) REPORTS TO CONGRESS.—(1) Section 2662 (B) Section 321 of the Act of June 30, 1932 (E) Construction or improvement of De- of title 10, United States Code, shall not (40 U.S.C. 303b). partment facilities. apply to transactions at the Base during the (C) The Federal Property and Administra- (F) Provision of facilities, including office, Project. tive Services Act of 1949 (40 U.S.C. 471 et storage, or other usable space, for use by the (2)(A) Not later than March 1 each year, seq.). Department on or off the Base. the Secretary shall submit to the appro- (e) PROPERTY DISPOSAL.—(1) The Secretary (G) Public services. priate committees of Congress a report on may sell or otherwise convey or transfer real (3) Consideration may not be for less than any transactions at the Base during the pre- and personal property located at the Base to the fair market value. ceding fiscal year that would be subject to the Community or to another public or pri- (h) PROJECT FUND.—(1) There is established such section 2662, but for paragraph (1). vate party during the Project, upon such on the books of the Treasury a fund to be (B) The report shall include a detailed cost terms and conditions as the Secretary con- known as the ‘‘Base Efficiency Project analysis of the financial savings and gains siders appropriate for purposes of the Fund’’ into which all cash rents, proceeds, realized through joint activities and other Project. payments, reimbursements, and other actions under the Project authorized by this (2) Consideration for a sale or other con- amounts from leases, sales, or other convey- section and a description of the status of the veyance or transfer or property under this ances or transfers, joint activities, and all Project. subsection shall be determined in accordance other actions taken under the Project shall (l) LIMITATION.—None of the authorities in with subsection (g). be deposited. All amounts deposited into the this section shall create any legal rights in (3) The sale or other conveyance or trans- Project Fund are without fiscal year limita- any person or entity except rights embodied fer of property under this subsection shall tion. in leases, deeds, or contracts. not be subject to the following provisions of (2) Amounts in the Project Fund may be (m) EXPIRATION OF AUTHORITY.—The au- law: used only for operation, base operating sup- thority to enter into a lease, deed, permit, li- (A) Section 2693 of title 10, United States port services, maintenance, repair, construc- cense, contract, or other agreement under Code. tion, or improvement of Department facili- this section shall expire on September 30, (B) The Federal Property and Administra- ties, payment of consideration for acquisi- 2004. tive Services Act of 1949 (40 U.S.C. 471 et tions of interests in real property (including (n) DEFINITIONS.—In this section: seq.) payment of rentals for leasebacks), and envi- (1) The term ‘‘Project’’ means the Base Ef- (4) Cash payments received as consider- ronmental protection or restoration, in addi- ficiency Project authorized by this section. ation for the sale or other conveyance or tion to or in combination with other (2) The term ‘‘Base’’ means Brooks Air transfer of property under this subsection amounts appropriated for these purposes. Force Base, Texas. shall be deposited into the Project Fund. (3) Subject to generally prescribed finan- (3) The term ‘‘Community’’ means the City EASEBACK OF PROPERTY LEASED OR (f) L cial management regulations, the Secretary of San Antonio, Texas. DISPOSED.—(1) The Secretary may lease, sell, shall establish the structure of the Project (4) The term ‘‘Department’’ means the De- or otherwise convey or transfer real property Fund and such administrative policies and partment of the Air Force. at the Base under subsections (b) and (e), as procedures as the Secretary considers nec- (5) The term ‘‘facility’’ means a building, applicable, which will be retained for use by essary to account for and control deposits structure, or other improvement to real the Department or by another military de- into and disbursements from the Project property (except a military family housing partment or other Federal agency, if the les- Fund effectively. unit as that term is used in subchapter IV of see, purchaser, or other grantee or transferee (4) All amounts in the Project Fund shall chapter 169 of title 10, United States Code). of the property agrees to enter into a lease- be available for use for the purposes author- (6) The term ‘‘joint activity’’ means an ac- back to the Department in connection with ized in paragraph (2) at the Base, except that tivity conducted on or for the benefit of the the lease, sale, or other conveyance or trans- the Secretary may redirect up to 50 per cent Base by the Department, jointly with the fer of one or more portions or all of the prop- of amounts in the Project Fund for such uses Community, the State, or any private enti- erty leased, sold, or otherwise conveyed or at other installations under the control and ty, or any combination thereof. transferred, as applicable. jurisdiction of the Secretary as the Sec- (7) The term ‘‘Project Fund’’ means the (2) A leaseback of real property under this retary determines necessary and in the best Base Efficiency Project Fund established by subsection shall be an operating lease for no interest of the Department. subsection (h). more than 20 years unless the Secretary of (i) FEDERAL AGENCIES.—(1)(A) Any Federal (8) The term ‘‘public services’’ means pub- Defense determines that a longer term is ap- agency, its contractors, or its grantees shall lic services (except public schools, fire pro- propriate. pay rent, in cash or services, for the use of tection, and police protection) that are fund- (3)(A) Consideration, if any, for real prop- facilities or property at the Base, in an ed by local and State taxes and provided erty leased under a leaseback entered into amount and type determined to be adequate without specific charge to the public at under this subsection shall be in such form by the Secretary. and amount as the Secretary considers ap- (B) Such rent shall generally be the fair large. propriate. market rental of the property provided, but (9) The term ‘‘Secretary’’ means the Sec- (B) The Secretary may use funds in the in any case shall be sufficient to compensate retary of the Air Force or the Secretary’s Project Fund or other funds appropriated or the Base for the direct and overhead costs in- designee, who shall be a civilian official of otherwise available to the Department for curred by the Base due to the presence of the the Department appointed by the President use at the Base for payment of any such cash tenant agency on the Base. with the advice and consent of the Senate. rent. (2) Transfers of real or personal property at (10) The term ‘‘State’’ means the State of (4) Notwithstanding any other provision of the Base to other Federal agencies shall be Texas. law, the Department or other military de- at fair market value consideration. Such partment or other Federal agency using the consideration may be paid in cash, by appro- real property leased under a leaseback en- priation transfer, or in property, goods, or GORTON AMENDMENT NO. 575 tered into under this subsection may con- services. Mr. STEVENS (for Mr. GORTON) pro- struct and erect facilities on or otherwise (3) Amounts received from other Federal improve the leased property using funds ap- agencies, their contractors, or grantees, in- posed an amendment to the bill, S. propriated or otherwise available to the De- cluding any amounts paid by appropriation 1122, supra; as follows: partment or other military department or transfer, shall be deposited in the Project On page 107, between lines 12 and 13, insert other Federal agency for such purpose. Fund. the following: Funds available to the Department for such (j) ACQUISITION OF INTERESTS IN REAL PROP- SEC. 8109. Of the funds appropriated in title purpose include funds in the Project Fund. ERTY.—(1) The Secretary may acquire any in- IV under the heading ‘‘RESEARCH, DEVELOP- (g) CONSIDERATION.—(1) The Secretary shall terest in real property in and around the MENT, TEST, AND EVALUATION, ARMY’’, determine the nature, value, and adequacy of Community that the Secretary determines $4,000,000 shall be made available for the Ad- consideration required or offered in exchange will advance the purposes of the Project. vanced Integrated Helmet System Program. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6717 LOTT AMENDMENT NO. 576 deposit of receipts, will differ from similar (2) The land referred to in paragraph (1) is stages in the auctions referred to in subpara- a parcel of real property, including any im- Mr. STEVENS (for Mr. LOTT) pro- graph (D). provements thereon, located at the former posed an amendment to the bill, S. (2) Not later than October 5, 2000, the Di- Fort Sheridan, Illinois, consisting of ap- 1122, supra; as follows: rector of the Office of Management and proximately 14 acres, and known as the At the appropriate place, insert: Budget and the Federal Communications northern Army Reserve enclave area, that is Office of Net Assessment in the Office of Commission shall each submit to the appro- covered by the authority in section 2862 of the Secretary of Defense, jointly with the priate congressional committees the report the Military Construction Authorization Act United States Pacific Command, shall sub- which shall— for Fiscal Year 1996 and has not been con- mit a report to Congress no later than 180 (A) describe the course of the competitive veyed pursuant to that authority as of the days after the enactment of this act which bidding process required by subsection (a) date of enactment of this Act. addresses the following issues: through September 30, 2000, including the 1. A review and evaluation of the oper- amount of any receipts from the competitive BINGAMAN AMENDMENT NO. 580 bidding process deposited in the Treasury as ational planning and other preparations of Mr. INOUYE (for Mr. BINGAMAN) pro- the U.S. Defense Department, including but of September 30, 2000; and posed an amendment to the bill S. 1122, not limited to the U.S. Pacific Command, to (B) if the course of the competitive bidding implement the relevant sections of the Tai- process has included any deviations from the supra; as follows: wan Relations Act since its enactment in schedule set forth under paragraph (1)(A), an At the end of the general provisions, add 1979. explanation for such deviations from the the following: 2. A review and evaluation of all gaps in schedule. SEC. 8109. (a) Congress makes the following relevant knowledge about the current and (3) The Federal Communications Commis- findings: future military balance between Taiwan and sion may not consult with the Director in (1) Congress recognizes and supports, as mainland China, including but not limited to the preparation and submittal of the reports being fundamental to the national defense, the ability of the Armed Forces to test weap- Chinese open source writings. required of the Commission by this sub- 3. A set of recommendations, based on section. ons and weapon systems thoroughly, and to train members of the Armed Forces in the these reviews and evaluations, concerning (4) In this subsection, the term ‘‘appro- use of weapons and weapon systems before further research and analysis that the Office priate congressional committees’’ means the the forces enter hostile military engage- of Net Assessment and the Pacific Command following: ments. believe to be necessary and desirable to be (A) The Committees on Appropriations, the (2) It is the policy of the United States performed by the National Defense Univer- Budget, and Commerce of the Senate. that the Armed Forces at all times exercise sity and other defense research centers. (B) The Committees on Appropriations, the Budget, and Commerce of the House of Rep- the utmost degree of caution in the testing of weapons and weapon systems in order to resentatives. DOMENICI AMENDMENT NO. 577 avoid endangering civilian populations and the environment. Mr. STEVENS (for Mr. DOMENICI) ROBERTS AMENDMENT NO. 578 proposed an amendment to the bill, S. (3) In the adherence to these policies, it is essential to the public safety that the Armed 1122, supra; as follows: Mr. STEVENS (for Mr. ROBERTS) pro- posed an amendment to the bill, S. Forces not test weapons or weapon systems, On page 106, line 4, strike ‘‘The Commu- or engage in training exercises with live am- nications Act’’ and insert ‘‘(a) The Commu- 1122, supra; as follows: munition, in close proximity to civilian pop- nications Act of 1934’’. At the end of the general provisions, add ulations unless there is no reasonable alter- On page 107, between lines 4 and 5, insert the following: native available. the following: SEC. 8109. EXTENSION OF AGRICULTURE EXPORT (b) It is the sense of Congress that— (b)(1) Not later than 15 days after the date RELIEF ACT OF 1998 AND INDIA- (1) there should be a thorough and inde- of the enactment of this Act, the Director of PAKISTAN RELIEF ACT OF 1998. pendent investigation of the circumstances the Office of Management and Budget and (a) EXTENSION OF AGRICULTURE EXPORT RE- that led to the accidental death of a civilian the Federal Communications Commission LIEF ACT OF 1998.—Section 2 of the Agri- employee of the Navy installation in shall each submit to the appropriate con- culture Export Relief Act of 1998 (Public Law Vieques, Puerto Rico, and the wounding of gressional committees a report which shall— 105–194; 112 Stat. 627) is amended by striking four other civilians during a live-ammuni- (A) set forth the anticipated schedule (in- ‘‘September 30, 1999’’ each place it appears tion weapons test at Vieques, including a re- cluding specific dates) for— and inserting ‘‘September 30, 2002’’. examination of the adequacy of the measures (i) preparing and conducting the competi- (b) EXTENSION OF INDIA-PAKISTAN RELIEF that are in place to protect the civilian pop- tive bidding process required by subsection ACT OF 1998.— ulation during such testing and of the extent (a); and (1) IN GENERAL.—Section 902(a) of the to which the civilian population at the site (ii) depositing the receipts of the competi- India-Pakistan Relief Act of 1998 (22 U.S.C. can be adequately protected during such tive bidding process; 2799aa–1 note) is amended by striking ‘‘for a testing; (B) set forth each significant milestone in period not to exceed one year upon enact- (2) the President should not authorize the the rulemaking process with respect to the ment of this Act’’ and inserting ‘‘for a period Navy to resume live ammunition testing on competitive bidding process; not to exceed September 30, 2002’’. the Island of Vieques, Puerto Rico, unless (C) include an explanation of the effect of (2) REPORT.—Section 904 of such Act is and until he has advised the Committees on each requirement in subsection (a) on the amended by striking ‘‘a one-year period de- Armed Services of the Senate and the House schedule for the competitive bidding process scribed in section 902’’ and inserting ‘‘the of Representatives that— and any post-bidding activities (including first year following the date of enactment of (A) there is not available an alternative the deposit of receipts) when compared with this Act and annually thereafter’’. testing site with no civilian population lo- the schedule for the competitive bidding and (c) EFFECTIVE DATE.—The amendments cated in close proximity; any post-bidding activities (including the de- made by this section shall take effect on the (B) the national security of the United posit of receipts) that would otherwise have earlier of the date of enactment of this Act States requires that the testing be carried occurred under section 337(b)(2) of the Com- or September 30, 1999. out despite the potential risks to the civilian munications Act of 1934 (47 U.S.C. 337(b)(2)) if population; not for the enactment of subsection (a); DURBIN AMENDMENT NO. 579 (C) measures to provide the utmost level of (D) set forth for each spectrum auction safety to the civilian population are to be in held by the Federal Communications Com- Mr. INOUYE (for Mr. DURBIN) pro- place and maintained throughout the test- mission since 1993 information on— posed an amendment to the bill, S. ing; and (i) the time required for each stage of prep- 1122, supra; as follows: (D) in the event that testing resumes, aration for the auction; At the appropriate place, insert the fol- measures are to be taken to protect the Is- (ii) the date of the commencement and of lowing: land of Vieques and the surrounding area the completion of the auction; SEC. . (a)(1) Notwithstanding any other from environmental degradation, including (iii) the time which elapsed between the provision of law, no funds appropriated or possible environmental harm, that might re- date of the completion of the auction and the otherwise made available by this Act may be sult from the testing of ammunition con- date of the first deposit of receipts from the used to carry out any conveyance of land at taining radioactive materials; and auction in the Treasury; and the former Fort Sheridan, Illinois, Unless (3) in addition to advising committees of (iv) the dates of all subsequent deposits of such conveyance is consistent with a re- Congress of the findings as described in para- receipts from the auction in the Treasury; gional agreement among the communities graph (2), the President should advise the and and jurisdictions in the vicinity of Fort Governor of Puerto Rico of those findings (E) include an assessment of how the Sheridan and in accordance with section 2862 and, if the President decides to resume live- stages of the competitive bidding process re- of the Military Construction Authorization ammunition weapons testing on the Island of quired by subsection (a), including prepara- Act for Fiscal Year 1996 (division B of Public Vieques, consult with the Governor on a reg- tion, commencement and completion, and Law 104–106; 110 Stat. 573). ular basis regarding the measures being S6718 CONGRESSIONAL RECORD — SENATE June 8, 1999 taken from time to time to protect civilians increased by $20,000,000 for procurement of quirement referred to in subsection (b) and from harm from the testing. the Field Artillery Ammunition Supply Ve- thereby authorize procurements of items hicle, Provided further, That notwithstanding that are grown, reprocessed, reused, pro- INOUYE AMENDMENT NO. 581 any other provision in this Act, the total duced, or manufactured— amount appropriated in this Act for Other (1) inside a foreign country the government Mr. INOUYE proposed an amendment Procurement, Army is hereby increased by of which is a party to a reciprocal defense to the bill S. 1122, supra; as follows: $25,500,000 for procurement of SINCGARS ra- memorandum of understanding that is en- At the appropriate place, insert: dios. tered into with the Secretary of Defense and is in effect; SECTION 1. FEDERAL HEALTH CARE PARTNER- SHIP. MCCAIN AMENDMENTS NOS. 584–585 (2) inside the United States or its posses- sions; or SEC. . (a) The Department of Defense is Mr. STEVENS (for Mr. MCCAIN) pro- authorized to enter into agreements with the (3) inside the United States or its posses- posed two amendments to the bill sions partly or wholly from components Veterans Administration and Federally- S. 1122, supra; as follows: funded health agencies providing services to grown, reprocessed, reused, produced, or Native Hawaiians for the purpose of estab- AMENDMENT NO. 584 manufactured outside the United States or lishing a partnership similar to the Alaska Strike section 8108, and insert the fol- its possessions. Federal Health Care Partnership, in order to lowing: (b) For purposes of this section: maximize Federal resources in the provision SEC. 8108. Notwithstanding any other pro- (1) A domestic source requirement is any of health care services by Federally-funded vision of this Act, the total amount appro- requirement under law that the Department health agencies, applying telemedicine tech- priated in this Act by titles III, IV, and VI is of Defense must satisfy its needs for an item nologies. For the purpose of this partnership, hereby reduced by $3,100,000,000, the reduc- by procuring an item that is grown, reproc- Native Hawaiians shall have the same status tions to be derived from appropriations as essed, reused, produced, or manufactured in as other Native Americans who are eligible follows: the United States, its possessions, or a part for the health care services provided by the (1) From Operation and Maintenance, of the national technology and industrial Indian Health Service. Army, $27,000,000. base. (b) The Department of Defense is author- (2) From Operation and Maintenance, (2) A domestic content requirement is any ized to develop a consultation policy, con- Navy, $36,000,000. requirement under law that the Department sistent with Executive Order 13084 (issued (3) From Operation and Maintenance, Ma- must satisfy its needs for an item by pro- May 14, 1998), with Native Hawaiians for the rine Corps, $10,200,000. curing an item produced or manufactured purpose of assuring maximum Native Hawai- (4) From Operation and Maintenance, Air partly or wholly from components grown, re- ian participation in the direction and admin- Force, $61,800,000. processed, reused, produced, or manufactured istration of governmental services as to (5) From Operation and Maintenance, De- in the United States or its possessions. render those services more responsive to the fense-Wide, $78,900,000. (c) The authority to waive a requirement needs of the Native Hawaiian community. (6) From Operation and Maintenance, under subsection (a) applies to procurements (c) For purposes of these sections, the term Army National Guard, $53,500,000. of items if the Secretary of Defense first de- ‘‘Native Hawaiian’’ means any individual (7) From Operation and Maintenance, Air termines that— who is a descendant of the aboriginal people National Guard, $2,900,000. (1) the application of the requirement to who, prior to 1778, occupied and exercised (8) From Aircraft Procurement, Army, procurements of those items would impede sovereignty in the area that now comprises $178,000,000. the reciprocal procurement of defense items the State of Hawaii’’. (9) From Procurement of Weapons and under a memorandum of understanding pro- Tracked Combat Vehicles, Army, $26,400,000. viding for reciprocal procurement of defense (10) From Procurement of Ammunition, items that is entered into between the De- KENNEDY AMENDMENT NO. 582 Army, $37,500,000. partment of Defense and a foreign country in Mr. INOUYE (for Mr. KENNEDY) pro- (11) From Other Procurement, Army, accordance with section 2531 of title 10, posed an amendment to the bill S. 1122, $135,500,000. United States Code; supra; as follows: (12) From Aircraft Procurement, Navy, (2) the foreign country does not discrimi- $69,000,000. nate against items produced in the United At the appropriate place in the bill, insert (13) From Weapons Procurement, Navy, States to a greater degree than the United the following: $54,400,000. States discriminates against items produced Of the funds appropriated in title III, Pro- (14) From Shipbuilding and Conversion, in that country; and curement, under the heading ‘‘MISSILE PRO- Navy, $317,500,000. (3) one or more of the conditions set forth CUREMENT, ARMY’’, up to $35,000,000 may be (15) From Other Procurement, Navy, in section 2534(d) of title 10, United States made available to retrofit and improve the $67,800,000. Code, exists with respect to the procure- current inventory of Patriot missiles in (16) From Procurement, Marine Corps, ment. order to meet current and projected threats $54,900,000. (d) LAWS NOT WAIVED.—The Secretary of from cruise missiles. (17) From Aircraft Procurement, Air Force, Defense may not exercise the authority $164,500,000. under subsection (a) to waive any of the fol- LEVIN AMENDMENT NO. 583 (18) From Missile Procurement, Air Force, lowing laws: $25,400,000. (1) The Small Business Act. Mr. INOUYE (for Mr. LEVIN) proposed (19) From Procurement of Ammunition, (2) The Javits-Wagner-O’Day Act (41 U.S.C. an amendment to the bill S. 1122, Air Force, $5,100,000. 46–48c). supra; as follows: (20) From Other Procurement, Air Force, (3) Sections 7309 and 7310 of title 10, United At the end of the bill, add the following $53,400,000. States Code, with respect to ships in Federal new section: (21) From Procurement, Defense-Wide, Supply Class 1905. SEC. . Notwithstanding any other provi- $73,000,000. (4) Section 9005 of Public Law 102–396 (10 sion in this Act, the total amount appro- (22) From National Guard and Reserve U.S.C. 2241 note), with respect to articles or priated in Title IV of this act under Re- Equipment, $190,500,000. items of textiles, apparel, shoe findings, search, Development, Test, and Evaluation, (23) From Research, Development, Test, tents, and flags listed in Federal Supply Defense-Wide, is hereby reduced by and Evaluation, Army, $249,100,000. Classes 8305, 8310, 8315, 8320, 8335, 8340, and $200,000,000: Provided, That not more than (24) From Research, Development, Test, 8345 and articles or items of clothing, $836,555,000 of the funds provided under this and Evaluation, Navy, $288,700,000. footware, individual equipment, and insignia Act may be obligated for National Missile (25) From Research, Development, Test, listed in Federal Supply Classes 8405, 8410, Defense programs: Provided further, That not- and Evaluation, Air Force, $263,300,000. 8415, 8420, 8425, 8430, 8435, 8440, 8445, 8450, 8455, withstanding any other provision in this (26) From Research, Development, Test, 8465, 8470, and 8475. Act, the total amount appropriated in this and Evaluation, Defense-Wide, $287,900,000. (e) RELATIONSHIP TO OTHER WAIVER AU- Act for Aircraft Procurement, Army is here- (27) From Defense Health Program, THORITY.—The authority under subsection by increased by $56,100,000 for re-engining of $226,200,000. (a) to waive a domestic source requirement the CH–47 helicopter, Provided further, That (28) From Drug Interdiction and Counter- or domestic content requirement is in addi- notwithstanding any other provision in this Drug Activities, Defense, $61,600,000. tion to any other authority to waive such re- Act, the total amount appropriated in this quirement. Act for Missile Procurement, Army is hereby AMENDMENT NO. 585 increased by $98,400,000 for advance procure- At the end of the general provisions, add ment of the Javelin missile; Provided further, the following: SHELBY AMENDMENT NO. 586 That notwithstanding any other provision in SEC. 8109. (a) Subject to subsection (c) and this Act, the total amount appropriated in except as provided in subsection (d), the Sec- Mr. STEVENS (for Mr. SHELBY) pro- this Act for Procurement of Weapons and retary of Defense may waive any domestic posed an amendment to the bill S. 1122, Tracked Combat Vehicles, Army is hereby source requirement or domestic content re- supra; as follows: June 8, 1999 CONGRESSIONAL RECORD — SENATE S6719 In Title IV, under Research, Development, At the appropriate place in the bill insert Information System Security Program, of Test, and Evaluation, Army, add the fol- the following: which up to $10,000,000 may be made avail- lowing: SEC. . Of the total amount appropriated in able for an immediate assessment of bio- ‘‘Of the funds appropriated for research, this Act for RESEARCH DEVELOPMENT metrics sensors and templates repository re- development, test and evaluation Army, up TEST AND EVALUATION, NAVY shall be quirements and for combining and consoli- to $10 million may be utilized for Army increased by $3,800,000 to continue research dating biometrics security technology and Space Control Technology.’’ and development on polymer cased ammuni- other information assurance technologies to tion. accomplish a more focused and effective in- formation assurance effort. BOND (AND ASHCROFT) AMENDMENT NO. 587 GRAHAM AMENDMENT NO. 590 AMENDMENT NO. 595 Mr. STEVENS (for Mr. BOND (for Mr. STEVENS (for Mr. GRAHAM) pro- On page 107, between lines 12 and 13, insert himself and Mr. DOMENICI)) proposed an posed an amendment to the bill S. 1122, the following: SEC. 8109. Of the funds appropriated in title amendment to the bill, S. 1122, supra; supra; as follows: II under the heading ‘‘OPERATION AND MAIN- as follows: At the end of the general provisions, add TENANCE, DEFENSE-WIDE’’ for the Office of In the appropriate place in the bill, insert the following: the Special Assistant to the Deputy Sec- the following new section: SEC. 8109. (a) Of the funds appropriated in retary of Defense for Gulf War Illnesses, up ‘‘SEC. . In addition to funds appropriated title II under the heading ‘‘OPERATION AND to $10,000,000 may be made available for car- elsewhere in this Act, the amount appro- MAINTENANCE, AIR FORCE’’ (other than the rying out the first-year actions under the 5- priated in Title III of this Act under the funds appropriated for space launch facili- year research plan outlined in the report en- heading ‘‘Aircraft Procurement, Air Force’’ ties), $7,300,000 shall be available, in addi- titled ‘‘Department of Defense Strategy to is hereby increased by $220,000,000 only to tional to other funds appropriated under Address Low-Level Exposures to Chemical procure four (4) F–15E aircraft; Provided, that that heading for space launch facilities, for a Warfare Agents (CWAs)’’, dated May 1999, the amount provided in Title IV of this Act second team of personnel for space launch fa- that was submitted to committees of Con- under the heading ‘‘Research, Development, cilities for range reconfiguration to accom- gress pursuant to section 247(d) of the Strom Test and Evaluation, Defense-Wide’’ is here- modate launch schedules. Thurmond National Defense Authorization by reduced by $50,000,000 to reduce the total (b) The funds set aside under subsection (a) Act for Fiscal Year 1999 (Public Law 105–261; amount available for National Missile De- may not be obligated for any purpose other 112 Stat. 1957). fense; Provided further, that the amount pro- than the purpose specified in subsection (a). vided in Title III of this Act under the head- ASHCROFT (AND BOND) ing ‘‘National Guard and Reserve Equip- AMENDMENT NO. 596 ment’’ is hereby reduced by $50,000,000 on a VOINOVICH AMENDMENT NO. 591 Mr. STEVENS (for Mr. ASHCROFT (for pro-rata basis; Provided further, that the Mr. STEVENS (for Mr. VOINOVICH) himself and Mr. BOND)) proposed an amount provided in Title III of this Act proposed an amendment to the bill S. amendment to the bill, S. 1122, supra; under the heading ‘‘Aircraft Procurement, 1122, supra; as follows: Air Force’’ is hereby reduced by $70,000,000 to as follows: reduce the total amount available for Spares At the appropriate place in the bill, insert At the end of the general provisions, add and Repair Parts; Provided further, that the the following new section: the following: amount provided in Title III of this Act SEC. . Of the funds appropriated in this SEC. 8109. (a) Congress makes the following under the heading ‘‘Aircraft Procurement, Act under the heading ‘‘Operation and Main- findings: Navy’’ is hereby reduced by $50,000,000 to re- tenance, Army’’, up to $500,000 may be avail- (1) The B–2 bomber has been used in com- duce the total amount available for Spares able for a study of the costs and feasibility of bat for the first time in Operation Allied and Repair Parts. a project to remove ordnance from the Tous- Force against Yugoslavia. saint River. (2) The B–2 bomber has demonstrated un- KOHL AMENDMENT NO. 588 paralleled strike capability in Operation Al- SANTORUM (AND OTHERS) lied Force, with cursory data indicating that Mr. STEVENS (for Mr. KOHL) pro- AMENDMENT NO. 592 the bomber could have dropped nearly 20 per- posed an amendment to the bill S. 1122, cent of the precision ordnance while flying supra; as follows: STEVENS (for Mr. SANTORUM (for less than 3 percent of the attack sorties. (3) According to the congressionally man- On page 107, between lines 12 and 13, insert himself, Mr. BOND, and Mr. SPECTER)) dated Long Range Air Power Panel, ‘‘long the following: proposed an amendment to the bill S. range air power is an increasingly important SEC. 8109. (a) Of the amounts appropriated 1122, supra; as follows: element of United States military capa- by title II under the heading ‘‘OPERATION On page 107, between lines 12 and 13, insert bility’’. AND MAINTENANCE, DEFENSE-WIDE’’, up to the following: (4) The crews of the B–2 bomber and the $220,000 may be made available to carry out SEC. 8109. Of the funds appropriated in title personnel of Whiteman Air Force Base, Mis- the study described in subsection (b). II under the heading ‘‘OPERATION AND MAIN- souri, deserve particular credit for flying and (b)(1) The Secretary of the Army, acting TENANCE, AIR FORCE’’, up to $4,000,000 may be supporting the strike missions against Yugo- through the Chief of Engineers, shall carry made available for the Manufacturing Tech- slavia, some of the longest combat missions out a study for purposes of evaluating the nology Assistance Pilot Program. in the history of the Air Force. cost-effectiveness of various technologies (5) The bravery and professionalism of the utilized, or having the potential to be uti- personnel of Whiteman Air Force Base have lized, in the demolition and cleanup of facili- HELMS AMENDMENT NO. 593 advanced American interests in the face of ties contaminated with chemical residue at Mr. STEVENS (for Mr. HELMS) pro- significant challenge and hardship. facilities used in the production of weapons posed an amendment to the bill, S. (6) The dedication of those who serve in the and ammunition. 1122, supra; as follows: Armed Forces, exemplified clearly by the (2) The Secretary shall carry out the study personnel of Whiteman Air Force Base, is the at the Badger Army Ammunition Plant, Wis- At the appropriate place in the bill, insert greatest national security asset of the consin. the following: United States. (3) The Secretary shall provide for the car- SEC. 8109. Of the funds appropriated in title IV under the heading ‘‘RESEARCH, DEVELOP- (b) It is the sense of Congress that— rying out of work under the study through (1) the skill and professionalism with the Omaha District Corps of Engineers and MENT, TEST, AND EVALUATION, ARMY’’, up to $5,000,000 may be available for visual display which the B–2 bomber has been used in Oper- in cooperation with the Department of En- ation Allied Force is a credit to the per- ergy Federal Technology Center, Morgan- performance and visual display environ- mental research and development. sonnel of Whiteman Air Force Base, Mis- town, West Virginia. souri, and the Air Force; (4) The Secretary may make available to (2) the B–2 bomber has demonstrated an other departments and agencies of the Fed- BYRD AMENDMENTS NOS. 594–595 unparalleled capability to travel long dis- eral Government information developed as a tances and deliver devastating weapons pay- result of the study. Mr. STEVENS (for Mr. BYRD) pro- posed an amendment to the bill, S. loads, proving its essential role for United 1122, supra; as follows: States power projection in the future; and LOTT (AND COCHRAN) (3) the crews of the B–2 bomber and the AMENDMENT NO. 589 AMENDMENT NO. 594 personnel of Whiteman Air Force Base de- On page 107, between lines 12 and 13, insert serve the gratitude of the American people Mr. STEVENS (for Mr. LOTT (for the following: for their dedicated performance in an indis- himself and Mr. COCHRAN)) proposed an SEC. 8109. Of the funds appropriated in title pensable role in the air campaign against amendment to the bill S.1122, supra; as III under the heading ‘‘OTHER PROCUREMENT, Yugoslavia and in the defense of the United follows: ARMY’’, $51,250,000 shall be available for the States. S6720 CONGRESSIONAL RECORD — SENATE June 8, 1999 SMITH AMENDMENT NO. 597 (b) CONVEYANCE AUTHORITY.—(1) The Sec- (g) NOTICE AND WAIT REQUIREMENTS.—The retary of the Navy may convey to any public Secretary of the Navy may not carry out a Mr. STEVENS (for Mr. SMITH of New or private person or entity all right, title, transaction authorized by this section Hampshire) proposed an amendment to and interest of the United States in and to until— the bill S. 1122, supra; as follows: any real property (including any improve- (1) the Secretary submits to the appro- In the appropriate page in the bill, insert ments thereon) or personal property under priate committees of Congress a notification the following: the jurisdiction of the Secretary in the State of the transaction, including— SEC. . Of the funds appropriated in Title of Hawaii that the Secretary determines— (A) a detailed description of the trans- III under the heading ‘‘Aircraft Procure- (A) is excess to the needs of the Navy and action; and ment, Air Force,’’ up to $10,000,000 may be all of the other Armed Forces; and (B) a justification for the transaction made available for U–2 aircraft defensive sys- (B) will promote the purpose of this sec- specifying the manner in which the trans- tem modernization. tion. action will meet the purpose of this section; (2) A conveyance under this subsection and may include such terms and conditions as (2) a period of 30 calendar days has elapsed HARKIN AMENDMENT NO. 598 the Secretary considers appropriate to pro- following the date on which the notification Mr. STEVENS (for Mr. HARKIN) pro- tect the interests of the United States. is received by those committees. (c) LEASE AUTHORITY.—(1) The Secretary of (h) FORD ISLAND IMPROVEMENT ACCOUNT.— posed an amendment to the bill S. 1122 the Navy may lease to any public or private supra; as follows: (1) There is established on the books of the person or entity any real property or per- Treasury an account to be known as the At the appropriate place in the bill insert sonal property under the jurisdiction of the ‘‘Ford Island Improvement Account’’. the following: Secretary in the State of Hawaii that the (2) There shall be deposited into the ac- SEC. 8104. Of the amount appropriated in Secretary determines— count the following amounts: title IV under the heading ‘‘RESEARCH DE- (A) is not needed for current operations of (A) Amounts authorized and appropriated VELOPMENT, TEST, AND EVALUATION, DE- the Navy and all of the other Armed Forces; to the account. FENSE-WIDE’’, $25,185,000 shall be available and (B) Except as provided in subsection for research and development relating to (B) will promote the purpose of this sec- (c)(4)(B), the amount of any cash payment Persian Gulf illnesses, of which $4,000,000 tion. received by the Secretary for a transaction shall be available for continuation of re- (2) A lease under this subsection shall be under this section. search into Gulf War syndrome that includes subject to section 2667(b)(1) of title 10, United (i) USE OF ACCOUNT.—(1) Subject to para- multidisciplinary studies of fibromyalgia, States Code, and may include such others graph (2), to the extent provided in advance chronic fatigue syndrome, multiple chemical terms as the Secretary considers appropriate in appropriation Acts, funds in the Ford Is- sensitivity, and the use of research methods to protect the interests of the United States. land Improvement Account may be used as of cognitive and computational neuro- (3) A lease of real property under this sub- follows: science, and of which up to $2,000,000 may be section may provide that, upon termination (A) To carry out or facilitate the carrying made available for expansion of the research of the lease term, the lessee shall have the out of a transaction authorized by this sec- program in the Upper Great Plains region. right of first refusal to acquire the real prop- tion. erty covered by the lease if the property is (B) To carry out improvements of property then conveyed under subsection (b). or facilities at Ford Island. GRAHAM AMENDMENT NO. 599 (4)(A) The Secretary may provide property (C) To obtain property support services for support services to or for real property Mr. STEVENS (for Mr. GRAHAM) pro- property or facilities at Ford Island. leased under this subsection. posed an amendment to the bill S. 1122, (B) To the extent provided in appropria- (2) To extent that the authorities provided supra; as follows: tions Acts, any payment made to the Sec- under subchapter IV of chapter 169 of title 10, At the appropriate place in the bill, insert retary for services provided under this para- United States Code, are available to the Sec- the following: graph shall be credited to the appropriation, retary of the Navy, the Secretary may not use the authorities in this section to acquire, SEC. 8109. Of the total amount appropriated account, or fund from which the cost of pro- construct, or improve family housing units, in title III under the heading ‘‘AIRCRAFT PRO- viding the services was paid. military unaccompanied housing units, or CUREMENT, AIR FORCE’’, up to $17,500,000 may (d) ACQUISITION OF LEASEHOLD INTEREST BY be made available for procurement of the F– SECRETARY.—(1) The Secretary of the Navy ancillary supporting facilities related to 15A/B data link for the Air National Guard. may acquire a leasehold interest in any fa- military housing at Ford Island. cility constructed under subsection (f) as (3)(A) The Secretary may transfer funds consideration for a transaction authorized from the Ford Island Improvement Account COLLINS AMENDMENT NO. 600 by this section upon such terms as the Sec- to the following funds: (i) The Department of Defense Family Mr. STEVENS (for Ms. COLLINS) pro- retary considers appropriate to promote the Housing Improvement Fund established by posed an amendment to the bill S. 1122, purpose of this section. (2) The term of a lease under paragraph (1) section 2883(a)(1) of title 10, United States supra; as follows: may not exceed 10 years, unless the Sec- Code. At the appropriate place in the bill, insert retary of Defense approves a term in excess (ii) The Department of Defense Military the following: of 10 years for the purpose of this section. Unaccompanied Housing Improvement Fund SEC. . Of the funds appropriated in Title (3) A lease under this subsection may pro- established by section 2883(a)(2) of that title. III under the heading ‘‘WEAPONS PRO- vide that, upon termination of the lease (B) Amounts transferred under subpara- CUREMENT, NAVY’’, up to $3,000,000 may be term, the United States shall have the right graph (A) to a fund referred to in that sub- made available for the MK–43 Machine Gun of first refusal to acquire the facility covered paragraph shall be available in accordance Conversion Program. by the lease. with the provisions of section 2883 of title 10, (e) REQUIREMENT FOR COMPETITION.—The United States Code, for activities authorized Secretary of the Navy shall use competitive INOUYE AMENDMENT NO. 601 under subchapter IV of chapter 169 of that procedures for purposes of selecting the re- title at Ford Island. Mr. SPECTER (for Mr. INOUYE) pro- cipient of real or personal property under (j) INAPPLICABILITY OF CERTAIN PROPERTY posed an amendment to the bill S. 1122, subsection (b) and the lessee of real or per- MANAGEMENT LAWS.—Except as otherwise supra; as follows: sonal property under subsection (c). provided in this section, transactions under (f) CONSIDERATION.—(1) As consideration this section shall not be subject to the fol- At the appropriate place in the bill, insert: for the conveyance of real or personal prop- lowing: SEC. . DEVELOPMENT OF FORD ISLAND, HAWAII. erty under subsection (b), or for the lease of (1) Sections 2667 and 2696 of title 10, United (a) IN GENERAL.—(1) Subject to paragraph real or personal property under subsection States Code. (2), the Secretary of the Navy may exercise (c), the Secretary of the Navy shall accept (2) Section 501 of the Stewart B. McKinney any authority or combination of authorities cash, real property, personal property, or Homeless Assistance Act (42 U.S.C. 11411). in this section for the purpose of developing services, or any combination thereof, in an (3) Sections 202 and 203 of the Federal or facilitating the development of Ford Is- aggregate amount equal to not less than the Property and Administrative Services Act of land, Hawaii, to the extent that the Sec- fair market value of the real or personal 1949 (40 U.S.C. 483, 484). retary determines the development is com- property conveyed or leased. (k) SCORING.—Nothing in this section shall patible with the mission of the Navy. (2) Subject to subsection (i), the services be construed to waive the applicability to (2) The Secretary may not exercise any au- accepted by the Secretary under paragraph any lease entered into under this section of thority under this section until— (1) may include the following: the budget scorekeeping guidelines used to (A) the Secretary submits to the appro- (A) The construction or improvement of fa- measure compliance with the Balanced priate committees of Congress a master plan cilities at Ford Island. Budget Emergency Deficit Control Act of for the development of Ford Island; and (B) The restoration or rehabilitation of 1985. (B) a period of 30 calendar days has elapsed real property at Ford Island. (l) CONFORMING AMENDMENTS.—Section following the date on which the notification (C) The provision of property support serv- 2883(c) of title 10, United States Code, is is received by those committees. ices for property or facilities at Ford Island. amended— June 8, 1999 CONGRESSIONAL RECORD — SENATE S6721 (1) in paragraph (1), by adding at the end Congress, that the application of the restric- BIDEN AMENDMENT NO. 603 the following new subparagraph: tion would not be in the national security in- Mr. STEVENS (for Mr. BIDEN) pro- ‘‘(E) Any amounts that the Secretary of terests of the United States. the Navy transfers to that Fund pursuant to (2) SENSE OF THE SENATE.—It is the sense of posed an amendment to the bill, S. section 2862(i)(3)(A)(i) of the Military Con- the Senate that— 1122, supra; as follows: struction Authorization Act for Fiscal Year (A) no waiver under paragraph (1) should In amendment No. 547, on page 1, line 5, 2000, subject to the restrictions on the use of be invoked for section 102(b)(2)(B) or (C) of strike ‘‘shall’’ and insert ‘‘may’’. the transferred amounts specified in that the Arms Export Control Act with respect to section.’’; and any party that initiates or supports activi- DOMENICI AMENDMENT NO. 604 (2) in paragraph (2), by adding at the end ties that jeopardize peace and security in Mr. STEVENS (for Mr. DOMENICI) the following new subparagraph: Jammu and Kashmir; ‘‘(E) Any amounts that the Secretary of (B) The broad application of export con- proposed an amendment to the bill, S. the Navy transfers to that Fund pursuant to trols to nearly 300 Indian and Pakistani enti- 1122, supra; as follows: section 2862(i)(3)(A)(ii) of the Military Con- ties is inconsistent with the specific national On page 106, line 4, strike ‘‘The Commu- struction Authorization Act for Fiscal Year security interest of the United States and nications Act’’ and insert ‘‘(a) The Commu- 2000, subject to the restrictions on the use of that this control list requires refinement. nications Act of 1934’’. the transferred amounts specified in that (C) export controls should be applied only On page 107, between lines 4 and 5, insert section.’’. to those Indian and Pakistani entities that the following: (b)(1) Not later than 15 days after the date (m) DEFINITIONS.—In this section: make direct and material contributions to (1) The term ‘‘appropriate committees of weapons of mass destruction and missile pro- of the enactment of this Act, the Director of Congress’’ has the meaning given that term grams and only to those items that can con- the Office of Management and Budget and in section 2801(4) of title 10, United States tribute such programs. the Federal Communications Commission shall each submit to the appropriate con- Code. (d) REPORTING REQUIREMENT.—Not later gressional committees a report which shall— (2) The term ‘‘property support service’’ than 60 days after the date of enactment of (A) set forth the anticipated schedule (in- means the following: this Act, the President shall submit a report cluding specific dates) for— (A) Any utility service or other service to the appropriate congressional committees (i) preparing and conducting the competi- listed in section 2686(a) of title 10, United listing those Indian and Pakistani entities tive bidding process required by subsection States Code. whose activities contribute directly and ma- (a); and (B) Any other service determined by the terially to missile programs or weapons of (ii) depositing the receipts of the competi- Secretary to be a service that supports the mass destruction programs. tive bidding process; operation and maintenance of real property, (e) CONGRESSIONAL NOTIFICATION.—A li- personal property, or facilities. (B) set forth each significant milestone in cense for the export of a defense article, de- the rulemaking process with respect to the fense service, or technology is subject to the competitive bidding process; BROWNBACK AMENDMENT NO. 602 same requirements as are applicable to the (C) include an explanation of the effect of export of items described in section 36(c) of each requirement in subsection (a) on the Mr. STEVENS (for Mr. BROWNBACK) the Arms Export Control Act (22 U.S.C. schedule for the competitive bidding process proposed an amendment to amendment 2776(c)), including the transmittal of infor- and any post-bidding activities (including No. 578 proposed by Mr. ROBERTS to the mation and the application of congressional the deposit of receipts) when compared with bill, S. 1122, supra; as follows: review procedures described in that section. the schedule for the competitive bidding and In lieu of the matter proposed to be in- (f) RENEWAL OF SUSPENSION.—Upon the ex- any post-bidding activities (including the de- serted by the amendment, insert the fol- piration of the initial five-year period of sus- posit of receipts) that would otherwise have lowing: pension of the sanctions contained in para- occurred under section 337(b)(2) of the Com- graph (1) or (2) of subsection (a), the Presi- munications Act of 1934 (47 U.S.C. 337(b)(2)) if TITLE—-SUSPENSION OF CERTAIN SANC- dent may renew the suspension with respect TIONS AGAINST INDIA AND PAKISTAN not for the enactment of subsection (a); to India, Pakistan, or both for additional pe- (D) set forth for each spectrum auction l SEC. 1. SUSPENSION OF SANCTIONS. riods of five years each if, not less than 30 held by the Federal Communications Com- (a) IN GENERAL.—Effective for the period of days prior to each renewal of suspension, the mission since 1993 information on— five years commencing on the date of enact- President certifies to the appropriate con- (i) the time required for each stage of prep- ment of this Act, the sanctions contained in gressional committees that it is in the na- aration for the auction; the following provisions of law shall not tional interest of the United States to do so. (ii) the date of the commencement and of apply to India and Pakistan with respect to (g) RESTRICTION.—The authority of sub- the completion of the auction; any grounds for the imposition of sanctions section (a) may not be used to provide assist- (iii) the time which elapsed between the under those provisions arising prior to that ance under chapter 4 of part II of the Foreign date of the completion of the auction and the date: Assistance Act of 1961 (22 U.S.C. 2346 et seq.; date of the first deposit of receipts from the (1) Section 101 of the Arms Export Control relating to economic support fund assist- auction in the Treasury; and Act (22 U.S.C. 2799aa). ance) except for— (iv) the dates of all subsequent deposits of (2) Section 102 of the Arms Export Control (1) assistance that supports the activities receipts from the auction in the Treasury; Act (22 U.S.C. 2799aa–1) other than sub- of nongovernmental organizations; and section (b)(2)(B), (C), or (G). (2) assistance that supports democracy or (E) include an assessment of how the (3) Section 2(b)(4) of the Export Import the establishment of democratic institu- stages of the competitive bidding process re- Bank Act of 1945 (12 U.S.C. 635(b)(4)). tions; or quired by subsection (a), including prepara- (b) SPECIAL RULE FOR COMMERCIAL EXPORTS (3) humanitarian assistance. tion, commencement and completion, and OF DUAL-USE ARTICLES AND TECHNOLOGY.— (h) STATUTORY CONSTRUCTION.—Nothing in deposit of receipts, will differ from similar The sanction contained in section this Act prohibits the imposition of sanc- stages in the auctions referred to in subpara- 102(b)(2)(G) of the Arms Export Control Act tions by the President under any provision of graph (D). (22 U.S.C. 2799aa–1(b)(2)(G)) shall not apply to law specified in subsection (a) or (b) by rea- (2) Not later than October 5, 2000, the Di- India or Pakistan with respect to any son of any grounds for the imposition of rector of the Office of Management and grounds for the imposition of that sanction sanctions under that provision of law arising Budget and the Federal Communications arising prior to the date of enactment of this on or after the date of enactment of this Act. Commission shall each submit to the appro- Act if imposition of the sanction (but for SEC. l2. REPEALS. priate congressional committees the report this paragraph) would deny any license for which shall— The following provisions of law are re- the export of any dual-use article, or related (A) describe the course of the competitive pealed: dual-use technology (including software), bidding process required by subsection (a) (1) Section 620E(e) of the Foreign Assist- listed on the Commerce Control List of the through September 30, 2000, including the ance Act of 1961 (22 U.S.C. 2375(e)). Export Administration Regulations that amount of any receipts from the competitive (2) The India-Pakistan Relief Act (title IX would not contribute directly to missile de- bidding process deposited in the Treasury as of the Agriculture, Rural Development, Food velopment or to a nuclear weapons program. of September 30, 2000; and and Drug Administration, and Related Agen- For purposes of this subsection, an article or (B) if the course of the competitive bidding cies Appropriations Act, 1999, as contained in technology that is not primarily used for process has included any deviations from the section 101(a) of Public Law 105–277). missile development or nuclear weapons pro- schedule set forth under paragraph (1)(A), an grams. SEC. l3. APPROPRIATE CONGRESSIONAL COM- explanation for such deviations from the (c) NATIONAL SECURITY INTERESTS WAIVER MITTEES DEFINED. schedule. OF SANCTIONS.— In this title, the term ‘‘appropriate con- (3) The Federal Communications Commis- (1) IN GENERAL.—The restriction on assist- gressional committees’’ means the Com- sion may not consult with the Director in ance in section 102(b)(2)(B), (C), or (G) of the mittee on Foreign Relations of the Senate the preparation and submittal of the reports Arms Export Control Act shall not apply if and the Committee on International Rela- required of the Commission by this sub- the President determines, and so certifies to tions of the House of Representatives. section. S6722 CONGRESSIONAL RECORD — SENATE June 8, 1999 (4) In this subsection, the term ‘‘appro- Range in the State of New Mexico that are tion under the Materials Act, when the use priate congressional committees’’ means the described in subsection (d) are hereby with- of such resources is required for construction following: drawn from all forms of appropriation under needs of Fort Bliss. (A) The Committees on Appropriations, the the public land laws, including the mining (d) HUNTING, FISHING, AND TRAPPING.—All Budget, and Commerce of the Senate. laws, but not the Materials Act. hunting, fishing, and trapping on the with- (B) The Committees on Appropriations, the (b) PURPOSE.—The purpose of the with- drawn lands shall be conducted in accord- Budget, and Commerce of the House of Rep- drawal is to support military training and ance with section 2671 of title 10, United resentatives. testing, all other uses of the withdrawn States Code, and the Sikes Act (16 U.S.C. 670 lands shall be secondary in nature. et seq.). (e) MANAGEMENT PLAN.— COVERDELL (AND KERREY) (c) RESERVATION.—The withdrawn lands (1) REQUIRED.—The Secretary of the Army AMENDMENT NO. 605 are reserved for use by the Secretary of the Army for military training and testing. and the Secretary of the Interior shall joint- Mr. STEVENS (for Mr. COVERDELL, (d) LAND DESCRIPTION.—The lands with- ly develop a natural resources management for himself and Mr. KERREY), proposed drawn and reserved by this section (a) com- plan for the lands withdrawn under this title an amendment to the bill, S. 1122, prise approximately 608,000 acres of Federal for the withdrawal period. The management plan shall be developed not later than three supra; as follows: land in Otero County, New Mexico, as gen- erally depicted on the map entitled years after the date of the enactment of this At the appropriate place, insert: ‘‘McGregor Range Land Withdrawal-Pro- Act and shall be reviewed at least once every (a) FINDINGS.—Congress makes the fol- posed,’’ dated January ll, 1999, and filed in five years after its adoption to determine if lowing findings: accordance with section 9004. it should be amended. (1) On June 25, 1996, a bomb detonated not SEC. 9004. MAPS AND LEGAL DESCRIPTION. (2) CONTENT.—The management plan more than 80 feet from the Air Force housing shall— (a) PREPARATION OF MAPS AND LEGAL DE- complex known as Khobar Towers in (A) include provisions for proper manage- Dhahran, Saudi Arabia, killing 19 members SCRIPTION.—As soon as practicable after the date of the enactment of this Act, the Sec- ment and protection of the natural, cultural, of the Air Force, and injuring hundreds and other resources and values of the with- more; retary of the Interior shall— (1) publish in the Federal Register a notice drawn lands and for use of such resources to (2) An FBI investigation of the bombing, the extent consistent with the purpose of the soon to enter its fourth year, has not yet de- containing the legal description of the with- drawn lands; and withdrawal specified in section 9003(b); termined who was responsible for the attack; (B) identify the withdrawn lands (if any) and (2) file one or more maps of the withdrawn lands and the legal description of the with- that are suitable for opening to the oper- (3) The Senate in S. Res. 273 in the 104th ation of the mineral leasing or geothermal Congress condemned this terrorist attack in drawn lands with the Committee on Energy and Natural Resources of the Senate and leasing laws; the strongest terms and urged the United (C) provide for the continuation of live- States Government to use all reasonable with the Committee on Resources of the House of Representatives. stock grazing at the discretion of the Sec- means available to the Government of the retary of the Army under such authorities as (b) LEGAL EFFECT.—The maps and legal de- United States to punish the parties respon- are available to the Secretary; and sible for the bombings. scription shall have the same force and ef- fect as if they were included in this title, ex- (D) provide that the Secretary of the Army (b) SENSE OF THE SENATE.—It is the sense shall take necessary precautions to prevent, of the Senate that: cept that the Secretary of the Interior may correct clerical and typographical errors in suppress, or manage brush and range fires (1) The United States Government must occurring within the boundaries of McGregor continue its investigation into the Khobar the maps and legal description. (c) AVAILABILITY.—Copies of the maps and Range, as well as brush and range fires oc- Towers bombing until every terrorist in- curring outside the boundaries of McGregor volved is identified, held accountable, and the legal description shall be available for public inspection in the offices of the New Range resulting from military activities at punished; the range. (2) The FBI, together with the Department Mexico State Director and Las Cruces Field Office Manager of the Bureau of Land Man- (3) FIRE SUPPRESSION ASSISTANCE.—The of State, should report to Congress no later Secretary of the Army may seek assistance than December 31, 1999, on the status of its agement and in the office of the Commander Officer of Fort Bliss, Texas. from the Bureau of Land Management in investigation into the Khobar Towers bomb- suppressing any brush or range fire occur- SEC. 9005. MANAGEMENT OF WITHDRAWN LANDS. ing; and ring within the boundaries of McGregor (a) GENERAL MANAGEMENT AUTHORITY.— (3) Once responsibility for the attack has Range or any brush or range fire occurring During the withdrawal period, the Secretary been established the United States Govern- outside the boundaries of McGregor Range of the Army shall manage the withdrawn ment must take steps to punish the parties resulting from military activities at the lands, in accordance with the provisions of involved. range. The memorandum of understanding this title and the management plan prepared under section 9006 shall provide for assist- under subsection (e), for the military pur- DOMENICI AMENDMENT NO. 606 ance from the Bureau of Land Management poses specified in section 9003(c). in the suppression of such fires and require Mr. STEVENS (for Mr. DOMENICI) (b) ACCESS RESTRICTIONS.— the Secretary of the Army to reimburse the proposed an amendment to the bill, S. (1) AUTHORITY TO CLOSE.—Subject to para- Bureau of Land Management for such assist- graph (2), if the Secretary of the Army deter- 1122, supra; as follows: ance. mines that military operations, public safe- On page 102, between lines 12 and 13, insert SEC. 9006. MEMORANDUM OF UNDERSTANDING. ty, or national security require the closure the following: (a) REQUIREMENT.—The Secretary of the to public use of any portion of the withdrawn TITLE IX—McGREGOR RANGE LAND Army and the Secretary of the Interior shall lands (including any road or trail therein) WITHDRAWAL enter into a memorandum of understanding commonly in public use, the Secretary of the to implement this title and the management SEC. 901. SHORT TITLE. Army is authorized to take such action. This title may be cited as the ‘‘McGregor plan. (2) REQUIREMENTS.—Any closure under (b) DURATION.—The duration of the memo- Range Withdrawal Act’’. paragraph (1) shall be limited to the min- randum of understanding shall be the same SEC. 902. DEFINITIONS. imum areas and periods required for the pur- as the withdrawal period. In this title: poses specified in such paragraph. During a (c) AMENDMENT.—The memorandum of un- (1) The term ‘‘Materials Act’’ means the closure, the Secretary of the Army shall derstanding may be amended by agreement Act of July 31, 1947 (commonly known as the keep appropriate warning notices posted and of both Secretaries. Materials Act of 1947; 30 U.S.C. 601–604). take appropriate steps to notify the public SEC. 9007. TERMINATION OF WITHDRAWAL AND (2) The term ‘‘management plan’’ means about the closure. RESERVATION; EXTENSION. the natural resources management plan pre- (c) MANAGEMENT OF WITHDRAWN AND AC- (a) TERMINATION DATE.—The withdrawal pared by the Secretary of the Army pursuant QUIRED MINERAL RESOURCES.— and reservation made by this title shall ter- to section 9005(e). (1) IN GENERAL.—Except as provided in minate 50 years after the date of enactment (3) The term ‘‘withdrawn lands’’ means the paragraph (2), the Secretary of the Interior of this Act. lands described in subsection (d) of section shall manage all withdrawn and acquired (b) REQUIREMENTS FOR EXTENSION.— 9003 that are withdrawn and reserved under mineral resources within the boundaries of (1) NOTICE OF CONTINUED MILITARY NEED.— section 9003. McGregor Range in accordance with Public Not later than five years before the end of (4) The term ‘‘withdrawal period’’ means Law 85–337 (commonly known as the Engle the withdrawal period, the Secretary of the the period specified in section 9007(a). Act; 43 U.S.C. 155–158). Army shall advise the Secretary of the Inte- SEC. 9003. WITHDRAWAL AND RESERVATION OF (2) MANAGEMENT OF MINERAL MATERIALS.— rior as to whether or not the Army will have LANDS AT MCGREGOR RANGE, NEW Notwithstanding any other provision of this a continuing military need for any or all of MEXICO. title or the Materials Act, the Secretary of the withdrawn lands after the end of the (a) WITHDRAWAL.—Subject to valid existing the Army may use, from the withdrawn withdrawal period. rights, and except as otherwise provided in lands, sand, gravel, or similar mineral mate- (2) APPLICATION FOR EXTENSION.—If the this title, the Federal lands at McGregor rial resources of the type subject to disposi- Secretary of the Army determines that there June 8, 1999 CONGRESSIONAL RECORD — SENATE S6723 will be a continuing military need for any or ment or, if at the expiration of the with- (2) Such lands are reserved for use by the all of the withdrawn lands after the end of drawal made under this title, the Secretary Secretary of the Army— the withdrawal period, the Secretary of the of the Interior determines that some of the (A) for training and weapons testing; and Army shall file an application for extension withdrawn lands are contaminated to an ex- (B) subject to the requirements of section of the withdrawal and reservation of the tent which prevents opening such contami- 2904(f), for other defense-related purposes lands in accordance with the then existing nated lands to operation of the public land consistent with the purposes specified in this regulations and procedures of the Depart- laws— paragraph. ment of the Interior applicable to extension (1) the Secretary of the Army shall take (3) The lands referred to in paragraph (1) of withdrawal of lands for military purposes appropriate steps to warn the public of the are the lands comprising approximately and that are consistent with this title. The contaminated state of such lands and any 608,384.87 acres in Otero County, New Mexico, application shall be filed with the Depart- risks associated with entry onto such lands; as generally depicted on the map entitled ment of the Interior not later than four (2) after the expiration of the withdrawal, ‘‘McGregor Range Withdrawal—Proposed’’, years before the end of the withdrawal pe- the Secretary of the Army shall retain juris- dated January 1985, and withdrawn by the riod. diction over the withdrawn lands, but shall provisions of section 1(d) of the Military (c) LIMITATION ON EXTENSION.—The with- undertake no activities on such lands except Lands Withdrawal Act of 1986. Such lands do drawal and reservation made by this title in connection with the decontamination or not include any portion of the lands so with- may not be extended or renewed except by remediation of such lands; and drawn that were relinquished to the Sec- Act or joint resolution. (3) the Secretary of the Army shall report retary of the Interior under the provisions of SEC. 9008. RELINQUISHMENT OF WITHDRAWN to the Secretary of the Interior and to the that Act. LANDS. Congress concerning the status of such lands (4) Any of the public lands withdrawn (a) FILING OF RELINQUISHMENT NOTICE.—If, and all actions taken under paragraphs (1) under paragraph (1) which, as of the date of during the withdrawal period, the Secretary and (2). the enactment of this Act, are managed pur- of the Army decides to relinquish all or any (g) SUBSEQUENT DECONTAMINATION OR RE- suant to section 603 of the Federal Land Pol- portion of the withdrawn lands, the Sec- MEDIATION.—If lands covered by subsection icy and Management Act of 1976 (43 U.S.C. retary of the Army shall file a notice of in- (f) are subsequently decontaminated or re- 1782) shall continue to be managed under tention to relinquish with the Secretary of mediated and the Secretary of the Army cer- that section until otherwise expressly pro- the Interior. tifies that the lands are safe for nonmilitary vided by law. (b) DETERMINATION OF PRESENCE OF CON- uses, the Secretary of the Interior shall re- TAMINATION.—Before transmitting a relin- consider accepting jurisdiction over the (b) FORT GREELY MANEUVER AREA AND quishment notice under subsection (a), the lands. FORT GREELY AIR DROP ZONE.—(1) Subject to Secretary of the Army, in consultation with (h) REVOCATION AUTHORITY.—Notwith- valid existing rights and except as otherwise the Secretary of the Interior, shall prepare a standing any other provision of law, upon de- provided in this title, the lands described in written determination concerning whether ciding that it is in the public interest to ac- paragraph (3) are hereby withdrawn from all and to what extent the lands to be relin- cept jurisdiction over lands specified in a re- forms of appropriation under the public land quished are contaminated with explosive, linquishment notice, the Secretary of the In- laws (including the mining laws and the min- toxic, or other hazardous wastes and sub- terior may revoke the withdrawal and res- eral leasing and the geothermal leasing stances. A copy of such determination shall ervation made under this title as it applies laws), under the Act entitled ‘‘An Act to pro- be transmitted with the relinquishment no- to such lands. If the decision be made to ac- vide for the admission of the State of Alaska tice. cept the relinquishment and to revoke the into the Union’’, approved July 7, 1958 (48 (c) DECONTAMINATION AND REMEDIATION.— withdrawal and reservation, the Secretary of U.S.C. note prec. 21), and under the Alaska In the case of contaminated lands which are the Interior shall publish in the Federal Reg- Native Claims Settlement Act (43 U.S.C. 1601 the subject of a relinquishment notice, the ister an appropriate order which shall— et seq.). Secretary of the Army shall decontaminate (1) terminate the withdrawal and reserva- (2) Such lands are reserved for use by the or remediate the land to the extent that tion; Secretary of the Army for— funds are appropriated for such purpose if (2) constitute official acceptance of full ju- (A) military maneuvering, training, and the Secretary of the Interior, in consultation risdiction over the lands by the Secretary of equipment development and testing; and with the Secretary of the Army, determines the Interior; and (B) subject to the requirements of section that— (3) state the date upon which the lands will 2904(f), other defense-related purposes con- (1) decontamination or remediation of the be opened to the operation of the public land sistent with the purposes specified in this lands is practicable and economically fea- laws, including the mining laws, if appro- paragraph. sible, taking into consideration the potential priate. (3)(A) The lands referred to in paragraph future use and value of the land; and SEC. 9009. DELEGATIONS OF AUTHORITY. (1) are— (2) upon decontamination or remediation, (a) SECRETARY OF THE ARMY.—The func- (i) the lands comprising approximately the land could be opened to the operation of tions of the Secretary of the Army under 571,995 acres in the Big Delta Area, Alaska, some or all of the public land laws, including this title may be delegated. as generally depicted on the map entitled the mining laws. (b) SECRETARY OF THE INTERIOR.—The func- ‘‘Fort Greely Maneuver Area Withdrawal— (d) DECONTAMINATION AND REMEDIATION AC- tions of the Secretary of the Interior under Proposed’’, dated January 1985, and with- TIVITIES SUBJECT TO OTHER LAWS.—The ac- this title may be delegated, except that an drawn by the provisions of section 1(e) of the tivities of the Secretary of the Army under order under section 9008(h) to accept relin- Military Lands Withdrawal Act of 1986; and subsection (c) are subject to applicable laws quishment of withdrawn lands may be ap- (ii) the lands comprising approximately and regulations, including the Defense Envi- proved and signed only by the Secretary of 51,590 acres in the Granite Creek Area, Alas- ronmental Restoration Program established the Interior, the Deputy Secretary of the In- ka, as generally depicted on the map entitled under section 2701 of title 10, United States terior, or an Assistant Secretary of the Inte- ‘‘Fort Greely, Air Drop Zone Withdrawal— Code, the Comprehensive Environmental Re- rior. Proposed’’, dated January 1985, and with- sponse Compensation and Liability Act of drawn by the provisions of such section. 1980 (42 U.S.C. 9601 et seq.), and the Solid STEVENS (AND DOMENICI) (B) Such lands do not include any portion Waste Disposal Act (42 U.S.C. 6901 et seq.). of the lands so withdrawn that were relin- (e) AUTHORITY OF SECRETARY OF THE INTE- AMENDMENT NO. 607 quished to the Secretary of the Interior RIOR TO REFUSE CONTAMINATED LANDS.—The Mr. STEVENS (for himself and Mr. under the provisions of that Act. Secretary of the Interior shall not be re- DOMENICI) proposed an amendment to (c) FORT WAINWRIGHT MANEUVER AREA.—(1) quired to accept lands specified in a relin- the bill, S. 1122, supra; as follows: quishment notice if the Secretary of the In- Subject to valid existing rights and except as At the appropriate place in the bill, add terior, after consultation with the Secretary otherwise provided in this title, the public the following: of the Army, concludes that— lands described in paragraph (3) are hereby (1) decontamination or remediation of any TITLE —RENEWAL OF MILITARY LAND withdrawn from all forms of appropriation land subject to the relinquishment notice is WITHDRAWALS under the public land laws (including the not practicable or economically feasible; SEC. 01. SHORT TITLE. mining laws and the mineral leasing and the (2) the land cannot be decontaminated or This title may be cited as the Military geothermal leasing laws), under the Act enti- remediated sufficiently to be opened to oper- Lands Withdrawal Renewal Act of 1999’’. tled ‘‘An Act to provide for the admission of ation of some or all of the public land laws; SEC. 02. WITHDRAWALS. the State of Alaska into the Union’’, ap- or (a) MCGREGOR RANGE.—(1) Subject to valid proved July 7, 1958 (48 U.S.C. note prec. 21), (3) a sufficient amount of funds are not ap- existing rights and except as otherwise pro- and under the Alaska Native Claims Settle- propriated for the decontamination of the vided in this title, the public lands described ment Act (43 U.S.C. 1601 et seq.). land. in paragraph (3) are hereby withdrawn from (2) Such lands are reserved for use by the (f) STATUS OF CONTAMINATED LANDS.—If, all forms of appropriation under the public Secretary of the Army for— because of the condition of the lands, the land laws (including the mining laws and the (A) military maneuvering; Secretary of the Interior declines to accept mineral leasing and the geothermal leasing (B) training for artillery firing, aerial gun- jurisdiction of lands proposed for relinquish- laws). nery, and infantry tactics; and S6724 CONGRESSIONAL RECORD — SENATE June 8, 1999 (C) subject to the requirements of section lands for the purposes specified in or author- tion 2902. The use of such lands for such pur- 2904(f), other defense-related purposes con- ized pursuant to this title. poses shall be governed by all laws applica- sistent with the purposes specified in this (B) The Secretary of the Interior may issue ble to such lands, including this title. paragraph. any lease, easement, right-of-way, or other (2)(A) The Secretary of Defense shall (3) The lands referred to in paragraph (1) authorization with respect to the non- promptly notify the Secretary of the Interior are the lands comprising approximately military use of such lands only with the con- in the event that the lands withdrawn by 247,951.67 acres of land in the Fourth Judicial currence of the Secretary of the military de- this title will be used for defense-related pur- District, Alaska, as generally depicted on partment concerned. poses other than those specified in section the map entitled ‘‘Fort Wainwright Maneu- (b) CLOSURE TO PUBLIC.—(1) If the Sec- 2902. ver Area Withdrawal—Proposed’’, dated Jan- retary of the military department concerned (B) Such notification shall indicate the ad- uary 1985, and withdrawn by the provisions determines that military operations, public ditional use or uses involved, the proposed of section 1(f) of the Military Lands With- safety, or national security require the clo- duration of such uses, and the extent to drawal Act of 1986. Such lands do not include sure to public use of any road, trail, or other which such additional military uses of the any portion of the lands so withdrawn that portion of the lands withdrawn by this title, lands will require that additional or more were relinquished to the Secretary of the In- that Secretary may take such action as that stringent conditions or restrictions be im- terior under the provisions of that Act. Secretary determines necessary to effect and posed on otherwise-permitted nonmilitary SEC. 03. MAPS AND LEGAL DESCRIPTIONS. maintain such closure. uses of the land or portions thereof. (3) Subject to valid existing rights, the (a) PUBLICATION AND FILING REQUIRE- (2) Any such closure shall be limited to the Secretary of the military department con- MENT.—As soon as practicable after the date minimum areas and periods which the Sec- cerned may utilize sand, gravel, or similar of the enactment of this Act, the Secretary retary of the military department concerned mineral or material resources on the lands of the Interior shall— determines are required to carry out this withdrawn by this title when the use of such (1) publish in the Federal Register a notice subsection. resources is required to meet the construc- containing the legal description of the lands (3) During any closure under this sub- tion needs of the military department con- withdrawn by this title; and section, the Secretary of the military de- cerned on the lands withdrawn by this title. (2) file maps and the legal description of partment concerned shall— the lands withdrawn by this title with the (A) keep appropriate warning notices post- SEC. 06. LAND MANAGEMENT ANALYSIS. Committee on Energy and Natural Resources ed; and (a) PERIODIC ANALYSIS REQUIRED.—Not of the Senate and the Committee on Re- (B) take appropriate steps to notify the later than 10 years after the date of the en- sources of the House of Representatives. public concerning such closures. actment of this Act, any every 10 years (c) MANAGEMENT PLAN.—(1)(A) The Sec- thereafter, the Secretary of the military de- (b) TECHNICAL CORRECTIONS.—Such maps retary of the Interior (after consultation and legal descriptions shall have the same partment concerned shall, in consultation with the Secretary of the military depart- force and effect as if they were included in with the Secretary of the Interior, conduct ment concerned) shall develop a plan for the this title except that the Secretary of the In- an analysis of the degree to which the man- management of each area withdrawn by this terior may correct clerical and typo- agement of the lands withdrawn by this title title. graphical errors in such maps and legal de- conforms to the requirements of laws appli- (2) Each plan shall— scriptions. cable to the management of such lands, in- (A) be consistent with applicable law; cluding this title. (c) AVAILABILITY FOR PUBLIC INSPECTION.— (B) be subject to conditions and restric- (b) DEADLINE.—Each analysis under this Copies of such maps and legal descriptions tions specified in subsection (a)(3); and section shall be completed not later than 270 shall be available for public inspection in the (C) include such provisions as may be nec- days after the commencement of such anal- following offices: essary for proper management and protec- ysis. (1) The Office of the Secretary of Defense. tion of the resources and values of such (c) LIMITATION ON COST.—The cost of each (2) The offices of the Director and appro- areas. analysis under this section may not exceed priate State Directors of the Bureau of Land (3) The Secretary of the Interior shall de- $900,000 in constant 1999 dollars. Management. velop each plan required by this subsection (d) REPORT.—Not later than 90 days after (3) The offices of the Director and appro- not later than three years after the date of the date of the completion of an analysis priate Regional Directors of the United the enactment of this Act. In developing a under this section, the Secretary of the mili- States Fish and Wildlife Service. plan for an area, the Secretary may utilize tary department concerned shall submit to (4) The office of the commander, McGregor or modify appropriate provisions of the man- Congress a report on the analysis. The report Range. agement plan developed for the area under shall set forth the results of the analysis and (5) The office of the installation com- section 3(c) of the Military Lands With- include any other matters relating to the mander, Fort Richardson, Alaska. drawal Act of 1986. management of the lands withdrawn by this (d) REIMBURSEMENT.—The Secretary of De- (d) BRUSH AND RANGE FIRES.—(1) The Sec- title that such Secretary considers appro- fense shall reimburse the Secretary of the retary of the military department concerned priate. Interior for any costs incurred by the Sec- shall take necessary precautions to prevent SEC. 07. ONGOING ENVIRONMENTAL RESTORA- retary of the Interior in carrying out this and suppress brush and range fires occurring TION. section. within and outside the lands withdrawn by (a) REQUIREMENT.—To the extent provided SEC. 04. MANAGEMENT OF WITHDRAWN LANDS. this title as a result of military activities in advance in appropriations Acts, the Sec- (a) MANAGEMENT BY SECRETARY OF THE IN- and may seek assistance from the Bureau of retary of the military department concerned TERIOR.—(1)(A) The Secretary of the Interior Land Management in the suppression of such shall carry out a program to provide for the shall manage the lands withdrawn by this fires. environmental restoration of the lands with- title pursuant to the Federal Land Policy (2) Each memorandum of understanding re- drawn by this title in order to ensure a level and Management Act of 1976 (43 U.S.C. 1701 et quired by subsection (e) shall provide for Bu- of environmental decontamination of such seq.) and other applicable law, including the reau of Land Management assistance in the lands equivalent to the level of environ- Recreation Use of Wildlife Areas Act of 1962 suppression of fires referred to in paragraph mental decontamination that exists on such (16 U.S.C. 460k et seq.) and this title. The (1) in the area covered by the memorandum lands as of the date of the enactment of this Secretary shall manage such lands through of understanding, and for a transfer of funds Act. the Bureau of Land Management. from the military department concerned to (b) REPORTS.—(1) At the same time the (2) To the extent consistent with applica- the Bureau of Land Management as com- President submits to Congress the budget for ble law and Executive orders, the lands with- pensation for such assistance. any fiscal year after fiscal year 2000, the Sec- drawn by this title may be managed in a (e) MEMORANDUM OF UNDERSTANDING.—(1) retary of the military department concerned manner permitting— The Secretary of the Interior and the Sec- shall submit to the committees referred to in (A) the continuation of grazing pursuant to retary of the military department concerned paragraph (2) a report on environmental res- applicable law and Executive orders where shall (with respect to each area withdrawn toration activities relating to the lands permitted on the date of the enactment of by section 2902) enter into a memorandum of withdrawn by this title. The report shall sat- this Act; understanding to implement the manage- isfy the requirements of section 2706(a) of (B) protection of wildlife and wildlife habi- ment plan developed under subsection (c). title 10, United States Code, with respect to tat; (2) Each memorandum of understanding the activities on such lands. (C) control of predatory and other animals; shall provide that the Director of the Bureau (2) The committees referred to in para- (D) recreation; and of Land Management shall provide assist- graph (1) are the Committees on Appropria- (E) the prevention and appropriate sup- ance in the suppression of fires resulting tions, Armed Services, and Energy and Nat- pression of brush and range fires resulting from the military use of lands withdrawn by ural Resources of the Senate and the Com- from nonmilitary activities. this title if requested by the Secretary of the mittees on Appropriations, Armed Services, (3)(A) All nonmilitary use of the lands military department concerned. and Resources of the House of Representa- withdrawn by this title, other than the uses (f) ADDITIONAL MILITARY USES.—(1) The tives. described in paragraph (2), shall be subject to lands withdrawn by this title may be used SEC. 08. RELINQUISHMENT. such conditions and restrictions as may be for defense-related uses other than those (a) AUTHORITY.—The Secretary of the mili- necessary to permit the military use of such specified in the applicable provision of sec- tary department concerned may relinquish June 8, 1999 CONGRESSIONAL RECORD — SENATE S6725 all or any of the lands withdrawn by this risdiction over lands proposed for relinquish- (c) EXCEPTION FOR COMMON VARIETIES.—No title to the Secretary of the Interior. ment pursuant to subsection (a), revoke the deposit of minerals or materials of the types (b) NOTICE.—If the Secretary of the mili- withdrawal established by this title as it ap- identified by section 3 of the Act of July 23, tary department concerned determines to re- plies to such lands. 1955 (69 Stat. 367), whether or not included in linquish any lands withdrawn by this title (2) Should the decision be made to revoke the term ‘‘common varieties’’ in that Act, under subsection (a), that Secretary shall the withdrawal, the Secretary of the Interior shall be subject to location under the Mining transmit to the Secretary of the Interior a shall publish in the Federal Register an ap- Law of 1872 on lands described in section notice of intent to relinquish such lands. propriate order which shall— 2902. (c) DETERMINATION OF CONTAMINATION.—(1) (A) terminate the withdrawal; (d) REGULATIONS.—(1) The Secretary of the Before transmitting a notice of intent to re- (B) constitute official acceptance of full ju- Interior, with the advice and concurrence of linquish any lands under subsection (b), the risdiction over the lands by the Secretary of the Secretary of the military department Secretary of Defense, acting through the the Interior; and concerned, shall prescribe such regulations military department concerned, shall deter- (C) state the date upon which the lands to implement this section as may be nec- mine whether and to what extent such lands will be opened to the operation of some or all essary to assure safe, uninterrupted, and are contaminated with explosive, toxic, or of the public lands laws, including the min- unimpeded use of the lands described in sec- other hazardous materials. ing laws. tion 2902 for military purposes. (2) A copy of a determination with respect (h) TREATMENT OF CERTAIN RELINQUISHED (2) Such regulations shall contain guide- to any lands under paragraph (1) shall be LANDS.—Any lands withdrawn by section lines to assist mining claimants in deter- transmitted to the Secretary of the Interior 2902(c) or 2902(d) that are relinquished under mining how much, if any, of the surface of together with the notice of intent to relin- this section shall be public lands under the any lands opened pursuant to this section quish such lands under subsection (b). jurisdiction of the Bureau of Land Manage- may be used for purposes incident to mining. (3) Copies of both the notice of intent to re- ment and shall be consider vacant, unre- (e) CLOSURE OF MINING LANDS.—In the linquish lands under subsection (b) and the served, and unappropriated for purposes of event of a national emergency or for pur- determination regarding the contamination the public land laws. poses of national defense or security, the of such lands under this subsection shall be SEC. 09. DELEGABILITY. Secretary of the Interior, at the request of published in the Federal Register by the Sec- (a) DEFENSE.—The functions of the Sec- the Secretary of the military department retary of the Interior. retary of Defense or of the Secretary of a concerned, shall close any lands that have (d) DECONTAMINATION.—(1) If any land sub- military department under this title may be been opened to mining or to mineral or geo- ject to a notice of intent to relinquish under delegated. thermal leasing pursuant to this section. subsection (a) is contaminated, and the Sec- (b) INTERIOR.—The functions of the Sec- (f) LAWS GOVERNING MINING ON WITHDRAWN retary of the Interior, in consultation with retary of the Interior under this title may be LANDS.—(1) Except as otherwise provided in the Secretary of the military department delegated, except that an order described in this title, mining claims located pursuant to concerned, makes the determination de- section 2908(g) may be approved and signed this title shall be subject to the provisions of scribed in paragraph (2), the Secretary of the only by the Secretary of the Interior, the the mining laws. In the event of a conflict military department concerned shall, to the Under Secretary of the Interior, or an Assist- between those laws and this title, this title extent provided in advance in appropriations ant Secretary of the Interior. shall prevail. (2) All mining claims located under the Acts, undertake the environmental decon- SEC. 10. WATER RIGHTS. terms of this title shall be subject to the pro- tamination of the land. Nothing in this title shall be construed to visions of the Federal Land Policy and Man- (2) A determination referred to in this establish a reservation to the United States agement Act of 1976 (43 U.S.C. 1701 et seq.). paragraph is a determination that— with respect to any water or water right on (g) PATENTS.—(1) Patents issued pursuant the lands described in section 2902. No provi- (A) decontamination of the land concerned to this title for locatable minerals shall con- sion of this title shall be construed as au- is practicable and economically feasible vey title to locatable minerals only, to- thorizing the appropriation of water on lands (taking into consideration the potential fu- gether with the right to use so much of the described in section 2902 by the United ture use and value of the land); and surface as may be necessary for purposes in- States after the date of the enactment of (B) upon decontamination, the land could cident to mining under the guidelines for this Act except in accordance with the law of be opened to operation of some or all of the such use established by the Secretary of the public land laws, including the mining laws. the relevant State in which lands described in section 2902 are located. This section shall Interior by regulation. (e) ALTERNATIVES.—(1) If a circumstance (2) All such patents shall contain a res- not be construed to affect water rights ac- described in paragraph (2) arises with respect ervation to the United States of the surface quired by the United States before the date to any land which is covered by a notice of of all lands patented and of all nonlocatable of the enactment of this Act. intent to relinquish under subsection (a), the minerals on those lands. Secretary of the Interior shall not be re- SEC. 11. HUNTING, FISHING, AND TRAPPING. (3) For the purposes of this subsection, all quired to accept the land under this section. All hunting, fishing, and trapping on the minerals subject to location under the Min- (2) A circumstance referred to in this para- lands withdrawn by this title shall be con- ing Law of 1872 shall be treated as locatable graph is— ducted in accordance with the provisions of minerals. (A) a determination by the Secretary of section 2671 of title 10, United States Code. SEC. 13. IMMUNITY OF UNITED STATES. the Interior, in consultation with the Sec- SEC. 12. MINING AND MINERAL LEASING. The United States and all departments or retary of the military department concerned (a) DETERMINATION OF LANDS SUITABLE FOR agencies thereof shall be held harmless and that— OPENING.—(1) As soon as practicable after shall not be liable for any injuries or dam- (i) decontamination of the land is not prac- the date of the enactment of this Act and at ages to persons or property suffered in the ticable or economically feasible; or least every five years thereafter, the Sec- course of any mining or mineral or geo- (ii) the land cannot be decontaminated to a retary of the Interior shall determine, with thermal leasing activity conducted on lands sufficient extent to permit its opening to the the concurrence of the Secretary of the mili- described in section 2902. operation of some or all of the public land tary department concerned, which public and f laws; or acquired lands (except as provided in this (B) the appropriation by Congress of subsection) described in subsections (b), (c), NOTICES OF HEARINGS amounts that are insufficient to provide for and (d) of section 2902 the Secretary of the the decontamination of the land. Interior considers suitable for opening to the PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (f) STATUS OF CONTAMINATED LANDS.—If, operation of the Mining Law of 1872, the Min- Ms. COLLINS. Mr. President, I would because of their contaminated state, the eral Lands Leasing Act of 1920, the Mineral like to announce for the information of Secretary of the Interior declines to accept Leasing Act for Acquired Lands of 1947, the the Senate and the public that the Per- jurisdiction over lands withdrawn by this Geothermal Steam Act of 1970, or any one or manent Subcommittee on Investiga- title which have been proposed for relin- more of such Acts. tions of the Committee on Govern- quishment under subsection (a)— (2) The Secretary of the Interior shall pub- mental Affairs, will hold a hearing en- (1) the Secretary of the military depart- lish a notice in the Federal Register listing ment concerned shall take appropriate steps the lands determined suitable for opening titled ‘‘Home Health Care: Will the to warn the public of the contaminated state pursuant to this section and specifying the New Payment System & Regulatory of such lands and any risks associated with opening date. Overkill Hurt Our Seniors?’’ This Sub- entry onto such lands; and (b) OPENING LANDS.—On the day specified committee hearing will focus on how (2) the Secretary of the military depart- by the Secretary of the Interior in a notice the new Medicare Interim Payment ment concerned shall report to the Secretary published in the Federal Register pursuant System and new regulatory require- of the Interior and to Congress concerning to subsection (a), the land identified under ments from the Health Care Financing subsection (a) as suitable for opening to the the status of such lands and all actions Administration may limit the access of taken in furtherance of this subsection. operation of one or more of the laws speci- (g) REVOCATION OF AUTHORITY.—(1) Not- fied in subsection (a) shall automatically be beneficiaries most in need of home withstanding any other provision of law, the open to the operation of such laws without health services. Secretary of the Interior may, upon deciding the necessity for further action by the Sec- The hearing will take place on Thurs- that it is in the public interest to accept ju- retary or Congress. day, June 10, 1999, at 2:00 p.m., in Room S6726 CONGRESSIONAL RECORD — SENATE June 8, 1999 342 of the Dirksen Senate Office Build- later date to be announced by the com- ning almost 30 years. Alex has spent ing. For further information, please mittee. much of his career leading and men- contact Lee Blalack of the Sub- For further information, please con- toring Defense Acquisition Profes- committee staff at 224–3721. tact Dan Kish, of the committee pro- sionals, leaving as his legacy a new COMMITTEE ON ENERGY AND NATURAL fessional staff, at (202) 224–8276. generation of experienced procurement RESOURCES f managers. Mr. MURKOWSKI. Mr. President, I Born in the baby boom era between would like to announce that a full com- AUTHORITY FOR COMMITTEES TO WWII and the Korean War, Alex grew mittee oversight hearing has been MEET up in Indiana, where he attended schedule before the Committee on En- COMMITTEE ON ARMED SERVICES DePauw and Indiana Universities. ergy and Natural Resources. Mr. STEVENS. Mr. President, I ask After completing his Masters Degree in The hearing will take place Thurs- unanimous consent that the Com- 1970, he entered the Air Force at day, June 24, 1999, at 9:30 a.m. in room mittee on Armed Services be author- Wright-Patterson Air Force Base in Dayton, Ohio. Some of his early SD–366 of the Dirksen Senate Office ized to meet on Tuesday, June 8, 1999, projects started the development for Building in Washington, D.C. at 9:30 a.m. in open session, to consider today’s generation of precision guided The purpose of this hearing is to ex- the nominations of General Eric K. weapons. It was a whole lot trickier amine the implications of the proposed Shinseki, USA, for reappointment to then, without the advantage of the acquisition of the Atlantic Richfield the grade of general and for appoint- Company by BP Amoco, PLC. Specifi- Global Positioning System, but his ment as Chief of Staff, United States team worked to develop a way to tri- cally the Committee will examine the Army; and Lieutenant General James following issues related to the acquisi- angulate a target designation to im- L. Jones, Jr., USMC, to be general and prove bomb targeting reliability. tion: for appointment as Commandant of the The Air Force recognized the con- U.S. national and energy security; Marine Corps. tributions of this young officer and Impact on crude oil prices and supply The PRESIDING OFFICER. Without moved him into a career in procure- on the U.S. West Coast; objection, it is so ordered. ment and satellite operations. Alex Marine transportation; COMMITTEE ON THE JUDICIARY spent the next 20 years of his career Pipeline transportation; and Exploration and production in Alas- Mr. STEVENS. Mr. President, I ask moving between different aspects of the complex world of keeping satellites ka and the lower 48. unanimous consent that the Com- Those who wish to testify or to sub- mittee on the Judiciary be authorized operating successfully on orbit. He was a procurement official in a number of mit written testimony should write to to meet in closed session for a hearing software source selections, using his the Committee on Energy and Natural re Department of Justice Oversight, abilities to aid the Air Force in getting Resources, U.S. Senate, Washington, during the session of the Senate on revolutionary operating software for D.C. 20510. Presentation of oral testi- Tuesday, June 8, 1999, at 10:00 a.m., in its expanding fleet of satellites. After mony is by Committee invitation only. S407 of the Capitol. his work in operations, the Air Force For further information, please contact The PRESIDING OFFICER. Without wisely transferred him into the Na- Jo Meuse or Brian Malnak at (202) 224– objection, it is so ordered. COMMITTEE ON VETERANS’ AFFAIRS tional Reconnaissance Office as the Di- 6730. rector of the Acquisition and Engineer- Mr. STEVENS. Mr. President, the COMMITTEE ON ENERGY AND NATURAL ing Group within the Communications Committee on Veterans’ Affairs would RESOURCES System Acquisition and Operations Di- like to request unanimous consent to Mr. CRAIG. Mr. President, I would rectorate. When the Deputy Director of hold a hearing on the nominations of like to announce for the public that a the Communications Directorate was Kenneth W. Kizer, M.D., M.P.H., to be hearing has been schedule before the reassigned, Alex was selected for this Under Secretary for Health, Depart- Subcommittee on Forests and Public position in light of his vast experience ment of Veterans Affairs, and John T. Land Management of the Senate Com- in successful acquisitions. mittee on Energy and Natural Re- Hanson to be Assistant Secretary for However, I don’t want to spend too sources. Public and Intergovernmental Affairs, much time discussing the technical de- The hearing will take place on Tues- Department of Veterans Affairs. tails of Colonel Alexander’s career. day, June 29, at 2:30 p.m. in room SD– The hearing will be held on Tuesday, There are many successful procure- 366 of the Dirksen Senate Office Build- June 8, 1999, at 2:15 p.m., in room 418 of ment officials within the Air Force and ing in Washington, D.C. the Russell Senate Office Building. the Department of Defense, but few are The purpose of this hearing is to re- The PRESIDING OFFICER. Without as widely recognized for their crafting ceive testimony on fire preparedness on objection, it is so ordered. of personnel in addition to their acqui- Federal lands. Specifically, what ac- SUBCOMMITTEE ON AFRICAN AFFAIRS sition expertise. Although the project tions the Bureau of Land Management Mr. STEVENS. Mr. President, I ask was always treated with importance, and the Forest Service are taking to unanimous consent that the Sub- Alex always made sure that his people prepare for the fire season; whether the committee on African Affairs be au- came first. He was always looking to agencies are informing the public thorized to meet during the session of find ways to challenge his staff to grow about these plans; and ongoing re- the Senate on Tuesday, June 8, 1999, at both in technical ability and in inter- search related to wildfire and fire sup- 2:15 p.m. to hold a hearing. personal relationships. His success pression activities. The PRESIDING OFFICER. Without gives credence to the philosophy of em- Those who wish to submit written objection, it is so ordered. powering and caring for your people, testimony should write to the Com- f which ultimately leads to the program mittee on Energy and Natural Re- success. One night during his time in sources, U.S. Senate, Washington, D.C. ADDITIONAL STATEMENTS satellite operations, a satellite was 20510. For further information, please having difficulties getting initialized. contact Mike Menge (202) 224–6170. Scores of people were working around RETIREMENT OF COL. WILLIAM COMMITTEE ON ENERGY AND NATURAL the clock trying to work through the ALEXANDER, USAF RESOURCES complex issues involved. Recognizing Mr. MURKOWSKI. Mr. President, I ∑ Mr. BURNS. Mr. President, as the that people do not perform at their would like to announce for the public Senate proceeds with its debate on the best when they are exhausted, Colonel that a full committee hearing on S. Defense Appropriations Bill, it is ap- Alexander banished a number of people 1049, the ‘‘Federal Oil and Gas Lease propriate that we pause and recognize from the operations floor until they Management Improvement Act of the contribution of a Defense Procure- had a rest period. The engineers re- 1999,’’ scheduled for June 17, 1999 at 9:30 ment Official on the occasion of his re- turned to the floor with clearer heads a.m. in room SD–366 of the Dirksen tirement. Colonel William Alexander— and ultimately were able to get the Senate Office Building has been post- Alex to his friends—is retiring this satellite up and running successfully poned and will be rescheduled for a month after an Air Force career span- on orbit. June 8, 1999 CONGRESSIONAL RECORD — SENATE S6727 When there was a tragic death of an tive jobs and careers. But that success Loon Mountain will be receiving this employee on official travel, Alex tem- is no cause for complacency. Too many award due to the recent installation of porarily set aside his own grief to as- of our fellow citizens and too many of a new snowmaking pump station. The sist others in the office in addition to our communities are not full partici- resort’s two objectives in the design of the employee’s family. In the confusion pants in the nation’s overall pros- this station were to reduce the visual that surrounded the funeral, Alex took perity. For them, economic growth impact of the pump station to the sur- time to meet with all of the family often means higher housing costs and rounding community and minimize the members to try to help them under- pressures to move out of neighborhoods impact of the new water withdrawal stand the events that had taken place. which have been their homes all their system on the adjacent river. It was a difficult time for all involved, lives. Through careful site planning and but Alex clearly demonstrated his car- Twenty-five years ago, the Fenway creative architectural design, the ing for his co-workers and should be Community Development Corporation pump station blends in naturally with commended for his actions. was formed to do more to see that its surroundings. The techniques em- One area where Colonel Alexander neighborhood development benefits the ployed during construction were envi- should be especially proud is in his ini- residents of the neighborhood. The Cor- ronmentally sound and the withdrawal tiatives for acquisition reform. Alex poration stands proudly for the funda- system does not disturb the river envi- was always driving to improve all as- mental principle that local residents ronment. pects of buying satellites and software, should enjoy the benefits of economic As a senior member of the Senate En- looking for new and innovative ways to growth too, regardless of their in- vironment and Public Works Com- execute the program. At his encourage- comes, and that neighborhood planning mittee, I realize the impact that indus- ment, one division has studied pur- should always put people first. trial design can have on the environ- chasing satellites on-orbit, which Since 1973, the Fenway CDC has ment, and I am excited to see busi- would be a first for the NRO. He has worked skillfully to improve the qual- nesses such as Loon Mountain working been an advocate for openness and rev- ity of life in the community, actively hard to minimize these impacts. I com- olutionary thinking, balancing trusted encouraging residents to participate in mend the Loon Mountain Recreation methods with new ideas. Under his decisions that affect it. Under its lead- Corporation for their environmental leadership, a security rebaselining was ership, residents from different cul- awareness, and I am proud to represent started which resulted in his program tures, age groups, and income levels them in the U.S. Senate.∑ have all come together for a better appearing on CBS’ Eye on America. His f drive in this area has literally saved Fenway. I commend them for what they have done to empower people and ANDRE AGASSI the federal government millions of dol- strengthen the fabric of their neighbor- lars. ∑ Mr. BRYAN. Mr. President, I rise Finally, I want to thank Colonel Al- hoods. today to recognize the historic event A large part of this success comes exander for one final initiative. After that took place this past weekend in from many activities to improve life in being nominated for a Congressional Paris when Las Vegas’s own Andre the Fenway. Protecting existing hous- Fellowship by Colonel Alexander, a Agassi captured the 1999 French Open ing, actively seeking opportunities to member of his staff has joined my staff Championship. Andre’s completion of develop affordable new housing, pur- for the legislative year. This staff the career Grand Slam secures him a suing commercial development that member has been of great assistance place in tennis history that only five meets the needs of the neighborhood— other men can claim, and as a testa- already in the Defense bills that have all of these are essential parts of the gone to the floor, and I look forward to ment to his versality, he is the only mission. person to accomplish this feat on three his continuing contribution through Other activities include homebuyer different surfaces—hardcourt, grass, the rest of the Senate’s session. counseling—the afterschool programs and clay. He is the first American in 61 I’m sure that there are still many de- and playground renovation for neigh- years to win all four majors— tails for Colonel Alexander to work out borhood youth through the Fenway Wimbledom in 1992, the U.S. Open in as he transitions to a ‘‘former’’ mili- Family Coalition—the computer train- 1994, the Australian Open in 1995, and tary life. I wish him the best in his en- ing and job opportunities with local now the French—and his victory will deavors and pass along a sincere thank employers through the Walk to Work soon catapult him to No. 4 in the world you on behalf of Congress for passing Program—and the Senior Task Force, along his life’s philosophy to the gen- which maintains affordable housing for rankings. As great as Andre’s accomplishments eration that will follow in his procure- low income elderly residents, as well as have been on the court throughout his ment footsteps. The legacy left behind blood pressure screenings and recre- career, they are, in my opinion, over- is greater than mere relics of satellites ation facilities available at the Peter- shadowed by the generosity and com- and software, which will age and be dis- borough Senior Center. All of these regarded. Colonel Alexander’s heritage programs have contributed immensely passion he has shown off the court. An- is in a corps of people who now have a to the quality of life in the Fenway dre’s commitment to at-risk and un- greater understanding of the balances neighborhood, and the Corporation de- derprivileged youth has been a passion and pressures in life and a toolkit with serve great credit for these achieve- of his throughout his tennis career. His how to deal with them. This is a true ments. establishment of the Andre Agassi success, and one that I hope will be a Fenway CDC is a respected leader of Foundation in 1994 to support and fund sustained source of pride throughout CDCs nationwide. I congratulate them programs that serve underprivileged his retirement.∑ for 25 years of skillful work and real re- kids has provided much needed assist- f sults, and I know that the next 25 years ance to a variety of service organiza- will be just as successful. tions that work with children in the THE FENWAY COMMUNITY DEVEL- ∑ f Las Vegas area, including the Boys & OPMENT CORPORATION’S 25TH Girls Clubs in Las Vegas, the Assist- ANNIVERSARY TRIBUTE TO THE LOON MOUNTAIN ance League of Las Vegas, and Child ∑ Mr. KENNEDY. Mr. President, today RECREATION CORPORATION Haven. Since its inception, the Agassi the Fenway Community Development ∑ Mr. SMITH of New Hampshire. Mr. Foundation has donated over $5 million Corporation in Boston is celebrating President, I rise today to pay tribute to local youth charities. its twenty-fifth anniversary, and I con- to Loon Mountain Recreation Corpora- In today’s world of professional gratulate the corporation on its im- tion of Lincoln, New Hampshire for sports, it is always refreshing to see an pressive accomplishments. their outstanding achievements in the athlete who recognizes the blessings The Nation’s economy is currently environmental arena. This month. and opportunities he has received, and enjoying the longest period of peace- Loon Mountain will receive the Times has chosen to give something back to time expansion in the nation’s history. Mirror Company’s Silver Eagle Award his community. In spite of a tennis ca- Today, more Americans than ever have for Environmental Excellence in Visual reer that has had its ups and downs, access to quality education and produc- Impact. Andre has always had a steady hand S6728 CONGRESSIONAL RECORD — SENATE June 8, 1999 when it comes to helping underprivi- Mr. MOYNIHAN. It is particularly a.m., with Senators permitted to speak leged children. Andre Agassi is the appropriate with the recent celebration up to 10 minutes each, with the fol- epitome of what a professional athlete of Memorial Day that we pay homage lowing exceptions: Senator COLLINS, 20 should be, and I ask my colleagues to to truly courageous individuals like minutes; Senator SMITH of New Hamp- join me in commending him for mak- Mike Berman, whose faith in democ- shire, 10 minutes; Senator DURBIN or ing tennis history and for all of his racy and freedom for mankind have his designee, 30 minutes. charitable endeavors that mean so helped make our nation as great as it The PRESIDING OFFICER. Without much to the Las Vegas community.∑ is today. objection, it is so ordered. f The worst of times often best reveals Mr. STEVENS. As I understand it, the character of an individual. In the the consent that was just entered into TRIBUTE TO MEYER ‘‘MIKE’’ worst of times, Mike Berman proved means Senator MCCAIN will be recog- BERMAN his charity and love for his fellow man. nized at the close of that period of ∑ Mr. MOYNIHAN. Mr. President, I rise He went beyond the call of duty when morning business. Is that correct? to pay tribute to Meyer ‘‘Mike’’ Ber- no one else dared to. The PRESIDING OFFICER. That is man, a World War II veteran who dem- Having come from an immigrant correct. onstrated unusual heroism during his family, Mr. Berman’s achievements il- Mr. STEVENS. I further ask unani- two years of service in the United lustrate the enormous passion and de- mous consent that at 11 a.m. the Sen- States Army. sire America’s immigrants have to cre- ate begin consideration of S. 96, the Mike Berman, Private First Class, ate a better future in their newly Y2K legislation, in accordance with served as part of the 12th Infantry adopted country. Our recognition of that agreement. Regiment during World War II. An out- Mr. Berman reminds us of the tremen- The PRESIDING OFFICER. Without standing soldier, he was decorated with dous contribution that immigrants objection, it is so ordered. the Good Conduct Medal, the Bronze have made in the shaping of our Na- Star Medal with one Oak Leaf Cluster, tion. This diverse group of extraor- f the World War II Victory Medal and dinary, enterprising, and self-sufficient Ribbon, the European African Middle individuals have continuously served PROGRAM Eastern Campaign Medal, and a Ribbon to strengthen the United States.∑ Mr. STEVENS. For the information with one Silver Service Star. f of all Senators, the Senate will be in a However, the accomplishment Mike period of morning business until 11 Berman is proudest of is the time he APPOINTMENT OF CONFEREES— a.m. tomorrow. By previous consent, saved the life of his friend, Private H.R. 1554 the cloture vote on the motion to pro- John Buyers. While artillery shells Mr. STEVENS. I move that with re- ceed to S. 96 has been vitiated, and at were coming from all directions, Mike spect to H.R. 1554, the Senate insist on 11 a.m. the Senate will begin debate on Berman rushed to the aid of Private its amendment, request a conference the important Y2K legislation. Hope- Buyers, who had been grievously in- with the House, and further, the Chair fully, the Senate will make substantial jured. Mike Berman singlehandedly be authorized to appoint conferees on progress throughout the day, and carried Private Buyers by foot to the the part of the Senate. therefore votes on amendments can be service jeep that transported him to The motion was agreed to and the expected. medical aid. I ask that Private Buyers’ Presiding Officer appointed from the letter expressing the gratitude he felt Judiciary Committee: Mr. HATCH, Mr. f towards Private Berman for saving his THURMOND, Mr. DEWINE, Mr. LEAHY, life be printed in the RECORD. and Mr. KOHL; from the Commerce, ADJOURNMENT UNTIL 9:30 A.M. The letter follows: Science and Transportation Com- TOMORROW England: Oct: 29th 1944 mittee: Mr. MCCAIN, Mr. STEVENS, and Mr. STEVENS. If there is no further DEAR MIKE: Just a few lines to say hello Mr. HOLLINGS conferees on the part of business to come before the Senate, I and let you know I’m coming along pretty the Senate. now ask the Senate stand in adjourn- good. I just wanted to thank you for what f ment under the previous order. you done for me the day I got hit. I’ll never There being no objection, the Senate, ORDERS FOR WEDNESDAY, JUNE 9, forget it. If it hadn’t been for you, I wouldn’t at 6:52 p.m., adjourned until Wednes- 1999 be living today. Thanks a million, ‘‘Mike.’’ day, June 9, 1999, at 9:30 a.m. I’ve had three operations so far and I’m pret- Mr. STEVENS. Mr. President, I ask ty weak, but I’ll live through it. I won’t be unanimous consent when the Senate f with you boys’ any more but tell them all completes its business today, it stand hello for me. Please write to me if you get a NOMINATIONS chance. in adjournment until 9:30 a.m. on Well, Mike, be good and take care of your- Wednesday, June 9. I further ask that Executive nominations received by self. I sure didn’t last long, did I? Oh well! It on Wednesday, immediately following the Senate June 8, 1999: was all in the cards I guess. Please excuse the prayer, the Journal of proceedings FEDERAL HOUSING FINANCE BOARD my writing. I can do better but I’m pretty be approved to date, the morning hour nervous these days. Once again thanks for FRANZ S. LEICHTER, OF NEW YORK, TO BE A DIRECTOR be deemed to have expired, and the OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM what you done for me and maybe some day, time for the two leaders be reserved for EXPIRING FEBRUARY 27, 2006, VICE DANIEL F. EVANS, JR., I’ll be able to sort of square things up. TERM EXPIRED. So long. their use later in the day. DOUGLAS L. MILLER, OF SOUTH DAKOTA, TO BE A DI- I further ask consent there then be a RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR Cordially, A TERM EXPIRING FEBRUARY 27, 2002, VICE LAWRENCE U. BUYERS. period of morning business until 11 COSTIGLIO, TERM EXPIRED. June 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1159 EXTENSIONS OF REMARKS

UNITED STATES-CHINA TRADE dictatorship of the People's Republic of China, patient, that we should constructively engage RELATIONS the United States cannot settle for paper for a few years, and sooner or later Beijing will promises or deferred compliance. We must come around? No. They use economic sanc- HON. CHRISTOPHER H. SMITH stop accepting pledges of future improvement tionsÐthe very same sanctions they say OF NEW JERSEY in place of actual improvements. The Chinese would be counterproductive as a means of IN THE HOUSE OF REPRESENTATIVES dictatorship regularly tells bold-faced lies promoting political and religious freedom in about the way it treats its own people, such as China. I am aware of at least three occasions Tuesday, June 8, 1999 by asserting that no one died at Tiananmen since 1991 when the U.S. Trade Representa- Mr. SMITH of New Jersey. Mr. Speaker, the Square, and that there is complete religious tive threatened to impose billions of dollars in Administration's toothless human rights policy freedom in China. How, then, can we take its sanctions to vindicate U.S. intellectual property towards China has failed miserably. In the five word when it comes to matters of mere com- interests. In each of those cases, when faced years since President Clinton de-linked Chi- merce? We cannot. Reforms within China with the sanctions, the Chinese government na's MFN status from human rights consider- must precede the rewards of WTO member- changed its behavior. ations, there has been regressionÐnot ship, and should be a prerequisite for annual By their actions, big business and the Clin- progressÐwithin China. Even standing apart MFN status. ton administration show their faith in sanc- from new revelations of nuclear espionage When I say ``reforms,'' I do not mean only tions. By their reactions, Chinese leaders and the skyrocketing U.S.-China trade deficit, economic reforms. We must also demand re- show the efficacy of sanctions. Thus, the this deteriorating situation justifies a funda- spect for the basic rights of the Chinese peo- question before us is not ``Can economic mental reassessment of U.S.-China trade pol- ple. The Administration's policy of so-called sanctions work?'' It is, ``Why do we use sanc- icy. A couple of examples may help flesh out ``constructive engagement'' on behalf of tions to protect software, but not human life; to the seriousness of the matter. human rights has been a disaster, even ac- protect musical recordings but not funda- In 1992 the U.S. and Chinese Governments cording to the Administration's own bench- mental political and religious freedoms; to stop signed a Memorandum of Understanding marks. movie piracy, but not torture?'' In all the years (MOU) prohibiting trade in slave-made goods, In quarterly reports, Amnesty International I have been asking that question, I have not which was followed by a 1994 Statement of has been tracking the seven human rights pol- yet heard a good answer. Cooperation. Notwithstanding those agree- icy goals that President Clinton publicly an- We have abandoned the American ideals of ments and China's own laws against slave- nounced before his trip to Beijing in 1998. freedom and democracy for the sake of mar- made exports, Beijing is turning the LaogaiÐ Those reports detail a complete lack of ginally cheaper consumer goods. We have the Chinese GulagÐinto a profit-making ven- progress in all categories, and even some re- squandered our patrimony of liberty for the ture. Slave-made productsÐfrom office sup- gression, during the past year: Release all profit of corporations who want access to Chi- plies to Christmas decorationsÐregularly prisoners of conscience and Tiananmen na's inexpensive labor market. The people of make their way to the shelves of American Square prisoners: ``Total failure, Regression''; the United States are waking up to this reality stores. Even the State Department has been review all ``Counter-Revolutionary'' Prison and, I believe, will no longer stand for it. forced to admit that ``[f]orced labor is a prob- terms: ``Total failure, no Progress''; allow reli- It is time to do an about face, to condition lem'' and that China's cooperation with the gious freedom: ``Total failure, no progress''; expanded trade relations upon respect for MOU ``has been inadequate.'' Indeed, the De- prevent coercive family planning and har- internationally recognized, fundamental human partment reports that in every case where the vesting of organs: ``No progress''; fully imple- rights. American interests and American val- United States asked to visit a suspect facility ment pledges on human rights treaties; ``No ues demand no less. during 1998, ``the [Chinese] Ministry of Justice progress''; review the ``Re-education through f refused the request, ignored it, or simply de- labor'' system: ``Total failure, no progress''; nied the allegations made without further and end police and prison brutality: ``Total fail- FINANCIAL INCENTIVES ON DOC- elaboration.'' In short, the MOU is not worth ure, no progress''. TORS NOT TO PROVIDE CARE: the paper it is written on. The Communist government of the PRC FEDERAL COURT EXPLAINS THE Similarly, in October 1998, the Chinese re- continues to engage in systematic violations of DANGERS: REASONS WHY WE gime signed the International Covenant on basic human rights on a massive scale. It SHOULD PASS H.R. 1375 Civil and Political Rights. Taking the bait, the does not allow significant political dissent. It Administration used China's promise to sign prohibits the free exercise of religion and im- HON. FORTNEY PETE STARK the ICCPR as a reason not to raise China's prisons religious leaders, ranging from the 10- OF CALIFORNIA human rights violations at last year's meeting year-old Panchen Lama to the elderly Catholic IN THE HOUSE OF REPRESENTATIVES of the UN Human Rights Commission. The Bishop Su of Baoding Province. It summarily Administration heralded China's signature as executes political prisoners in the Xinjiang Tuesday, June 8, 1999 an improvementÐsomething that would lay Uighur Autonomous Region. It harvests and Mr. STARK. Mr. Speaker, recently, I intro- the groundwork for future human rights ac- sells the internal organs of executed prisoners. duced H.R. 1375, a bill to limit the amount of countability within China. Admittedly, the It forces women who have ``unauthorized'' financial pressure an HMO can place on a ICCPR contains many worthwhile guarantees, pregnancies to abort their children and submit doctor to discourage referrals and testing. A such as the right of political self-determination to sterilization. It continues to brutalize the in- recent Federal Appeals Court case provides (Article 1), the basic rights of criminal defend- digenous peoples of Tibet and East Turkestan. new documentation on why we should pass ants (Article 14), the right of free expression The failure of the Administration's current such legislation. (Article 19), and the right to free elections (Ar- policy to effect any improvement should come Current regulations allow an HMO to with- ticle 25). But within two months after signing as no surprise. While the rulers of the Chinese hold up to 25% of a doctor's compensation as the ICCPR, the Chinese government violated Communist Party may be ruthless and des- a way to discourage ``unnecessary'' treatment. each of those provisions in a brutal, system- potic, they are not stupid. If there are no costs The problem is, such ``withholds`` can discour- atic crackdown on democratic dissent that associated with the brutality that keeps them age necessary as well as unnecessary treat- continues to this day. In fact, in the last month in power, then they have no incentive to be- ments and tests. My bill would limit any HMO alone, Chinese officials have detained over come less brutal. ``withhold`` to 10% and encourage the use of 150 dissidents. Thus, when big business and the Clinton quality measures as the basis of payments to The slave labor MOU and the ICCPR sign- Administration really want to change Beijing's doctors. ing are only two of many examples. But they conductÐfor instance, in the effort to get On August 18, 1998, the US 7th Circuit illustrate a fundamental lesson that we ignore China to respect international copyrightÐwhat issued a majority opinion in the case of at our peril: When dealing with the Communist do they do? Do they decide that we should be Herdrich v. Pegram, Carle Clinic Association,

∑ 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. E1160 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1999 and Health Alliance Medical Plans. Following Another hot-button issue for HMO mem- which a percentage of the doctors’s monthly are portions of that opinionÐexhibit #1 for why bers is the fear that a lifesaving experi- fees are withheld and then reimbursed if we need a national policy limiting HMOs and mental procedure will be denied because of they keep their referral rates low enough. its cost. Caplan says the industry should fol- Others, like U.S. Healthcare, pay bonuses for medical plans for putting too much financial low the lead of the handful of HMOs that low referral rates. (John Protos, Ten Things pressure on doctors. have established outside, independent panels Your HMO Won’t Tell You, Inside, June 30, On March 7, 1991, Pegram, Herdrich’s doc- to make final decisions. 1997, at 44.) tor, discovered a six by eight centimeter Even care providers fear that they ‘‘have There is ample evidence that the bottom- ‘‘mass’’ (later determined to be her appendix) become somewhat preoccupied with [their] line mentality is taking over. HMOs refer to in Herdrich’s abdomen. Although the mass ownership status and consequently have not the proportion of premiums they pay out for was inflamed on March 7, Pegram delayed in- paid as much attention as [they] should have patient care as their ‘‘medical-loss ratio’’—a stituting an immediate treatment of to improving [their] basic core com- chilling choice of words. The Association of Herdrich, and forced her to wait more than petencies.’’ (Id.) The specter of money con- American Medical Colleges reported last No- one week (eight days) to obtain the accepted cerns driving the health care system, says a vember that medical-loss ratios of for-profit diagnostic procedure (ultrasound) used to de- group of Massachusetts physicians and HMOs paying a flat fee to doctors for treat- termine the nature, size and exact location nurses, ‘‘threatens to transform healing from ment averaged only 70% of their premium of the mass. Ideally, Herdrich should have a covenant into a business contract. Canons revenue. The remaining 30% went for admin- had the ultrasound administered with all of commerce are displacing dictates of heal- istrative expenses—and profit. speed after the inflamed mass was discovered ing, trampling our professions’ most sacred * * * * * in her abdomen in order that her condition values. Market medicine treats patients as Along the same lines as its ‘‘market could be diagnosed and treated before dete- profit centers.’’ (For Our Patients, Not for forces’’ argument, the dissent submits that riorating as it did, but Carle’s policy re- Profits: A Call to Action, JAMA, Dec. 3, 1997, the defendants’ plan ‘‘encouraged physicians quires plan participants to receive medical at 1773.) As one professional stated, ‘‘It’s too to use resources more efficiently.’’ Although care from Carle-staffed facilities in what bad. We used to spend most of our time wor- we agree, at least in principle, with the idea they classify as ‘‘non-emergency’’ situations. rying about how to do a better job. Now we that financial incentives may very well bring Because Herdrich’s treatment was considered worry about doing a better job at a lower about a more effective use of plan assets, we to be ‘‘non-emergency,’’ she was forced to price.’’ (Id.) certainly are far from confident that it was wait the eight days before undergoing the Thousands of American physicians and at work in this particular case. The Carle ultrasound at a Carle facility in Urbana, Illi- nurses, outraged by the increasingly ‘‘cor- health plan at issue was not used as effi- nois. During this unnecessary waiting pe- porate’’ nature of American medicine, re- ciently as it should have been. Indeed, the riod, Herdrich’s health problems were exac- cently staged a reenactment of the Boston eight-day delay in medical care, and the erbated and the situation rapidly turned into Tea Party by symbolically dumping $1 mil- onset of peritonitis Herdrich incurred as a an ‘‘emergency’’—her appendix ruptured, re- lion each minute into Boston Harbor to result of such delay in diagnosis, subjected sulting in the onset of peritonitis. In an ef- dramatize the amount of health care money her to a life threatening illness, a longer pe- fort to defray the increased costs associated that is being wasted to pay for HMO mar- riod of hospitalization and treatment, more with the surgery required to drain and keting, profits, and administrative salaries. extensive, invasive and dangerous surgery, cleanse Herdrich’s ruptured appendix, Carle See Id. increased hospitalization costs, and a greater insisted that she have the procedure per- The shift to profit-driven care is at a gal- ingestion of prescription drugs. formed at its own Urbana facility, necessi- lop. For nurses and physicians, the space for The dissent also somehow contends that tating that Herdrich travel more than fifty good work in a bad system rapidly narrows. ‘‘ERISA tolerates some conflict of interest miles from her neighborhood hospital in For the public, who are mostly healthy and on the part of fiduciaries,’’ and therefore, Bloomington, Illinois. The ‘‘market forces’’ use little care, awareness of the degradation ‘‘allowing a plan sponsor to designate its the dissent refers to hardly seem to have of medicine builds slowly; it is mainly those own agent as a fiduciary reassures the spon- produced a positive result in this case— who are expensively ill who encounter the sor that, in devoting its assets to the plan, it Herdrich suffered a life-threatening illness dark side of market-driven health care. We has not relinquished all ability to ensure (peritonitis), which necessitated a longer criticize market medicine not to obscure or that the plan’s resources are used wisely.’’ hospital stay and more serious surgery at a excuse the failings of the past, but to warn * * * * * greater cost to her and the Plan. And, as dis- that the changes afoot push nursing and A doctor who is responsible for the real-life cussed below, we are far from alone in our medicine farther from caring, fairness, and financial demands of providing for his or her belief that market forces are insufficient to efficiency. family—sending four children to school cure the deleterious affects of managed care Another commentator observed that (whether it be college, high school or pri- on the health care industry. ‘‘American ‘market theology’ is being in- mary school), making house payments, cov- Across the country, health care critics and voked as an excuse for the downgrading of ering office overhead, and paying mal- consumers are complaining that the quality patient care and the growing absence of com- practice insurance—might very well ‘‘flinch’’ of medical treatment in this nation is rap- passion in health care.’’ (Bob LeBow, Nation at the prospect of obtaining a relatively sub- idly declining, leaving ‘‘a fear that the goal Needs to Take Control of Health Care Sys- stantial bonus for himself or herself. Here, of managing care has been replaced by the tem for Patients, not Profits, Idaho States- the Carle physicians were intimately in- goal of managing costs.’’ (Jan Greene, Has man, Dec. 2, 1997, at 6A). Instead of providing volved with the financial well-being of the Managed Care Lost Its Soul? Health Mainte- health care, doctors are forced to ‘‘spend enterprise in that the yearly ‘‘kickback’’ nance Organizations Focus More on Fi- many hours persuading health insurance was paid to Carle physicians only if the an- nances, Less on Care, Am. Hosp. Publishing companies that we are not trying to manipu- nual expenditure made by physicians on ben- Inc., May 20, 1997.) late them into paying more money than efits was less than total plan receipts. Ac- An increasing number of Americans be- Medicare does for kidney transplants.’’ (Ga- cording to the complaint, Carle doctors lieve that dollars are more important than briel M. Danovitch, et al., And How the Deci- stood to gain financially when they were people in the evolving [HMO] system. Wheth- sions Are Made, 331 New Eng. J. Med., at 331– able to limit treatment and referrals. Due to er justified or not, this assumption needs to 32 (1984).) the dual-loyalties at work, Carle doctors be taken seriously, according to keepers of In order to minimize health care costs and were faced with an incentive to limit costs the industry’s conscience. University of fatten corporate profits for HMOs, primary so as to guarantee a greater kickback. Pennsylvania bioethicist Arthur Caplan ar- care physicians face severe restrictions on * * * * * gues that managed care should take a lesson referrals and diagnostic tests, and at the In summary, we hold that the language of from professional sports, which has alienated same time, must contend with ever-shrink- the plaintiff’s complaint is sufficient in al- some fans because money and profits have ing incomes. leging that the defendant’s incentive system eclipsed the reasons why fans are about the Sixty percent of all managed-care plans, depleted plan resources so as to benefit phy- games: hero worship and the virtues of team- including HMOs and preferred-provider orga- sicians who, coincidentally, administered work, loyalty and trust-worthiness. The nizations, now pay their primary-care doc- the Plan, possibly to the detriment of their same goes for doctors. ‘‘People go to their tors through some sort of ‘‘capitation’’ sys- patients. The ultimate determination of doctor not because he’s a good businessman tem, according to the Physician Payment whether the defendants violated their fidu- . . . but because he’s a good advocate, some- Review Commission in Washington, D.C. ciary obligations to act solely in the interest one we can admire,’’ says Caplan. ‘‘If we That is, rather than simply pay any bill pre- of the Plan participants and beneficiaries, have to struggle with him to get what we sented to them by your doctor, most HMOs see 29 U.S.C. § 1104(a)(1), must be left to the want, we will have no trust anymore.’’ pay their physicians a set amount every trial court. On the surface, it does not ap- To regain trust, HMOs need to be more month—a fee for including you among their pear to us that it was in the interest of plan sensitive to the doctor-patient relationship patients. At Chicago’s GIA Primary Care participants for the defendants to deplete and remove the physician from direct finan- Network, for instance, physicians get $8.43 the Plan’s funds by way of year-end bonus cial interest in patient care, says Caplan. In- each month for every male patient ... and payouts. Based on the record we have before stead, doctors should have a predetermined $10.09 for every female patient. . . Some us, we hold that the plaintiff has alleged suf- budget and be able to advocate for patients HMOs, such as Oxford Health Plans, Cigna ficiently a breach of the defendants’ fidu- without direct personal gain or loss. and Aetna, have ‘‘withhold’’ systems, in ciary duty. CONGRESSIONAL RECORD — Extensions of Remarks E1161 IN SPECIAL RECOGNITION OF cational innovation, and community involve- in Poway, California. Since 1948, when Tom CULLEN T. GALLAGHER ON HIS ment. de Jong moved to America, the de Jong family APPOINTMENT TO ATTEND THE Westlake Hills Elementary School has far has been an important piece of San Diego's UNITED STATES AIR FORCE transcended the norm in all these areas and community. ACADEMY has demonstrated its deep commitment to I have attached an article from the online molding well rounded, socially conscious lead- edition of the San Diego Union Tribune that HON. PAUL E. GILLMOR ers for the 21st century through its outstanding explains more family history and this recent range of programs. celebration. OF OHIO Westlake Hills teachers frequently partici- IN THE HOUSE OF REPRESENTATIVES In addition, I want to extend my personal pate in workshops and conferences on a wide congratulations on their first 50 years in Amer- Tuesday, June 8, 1999 range of educational issues, showing the tre- ican history, and wish them health and happi- Mr. GILLMOR. Mr. Speaker, I rise today to mendous value Westlake Hills places on main- ness for the next 50 years. taining the high caliber of its faculty and keep- pay special tribute to a truly outstanding young FAR-FLUNG FAMILY MEETS, MARKS 50 YEARS ing its teachers abreast of new idea in edu- man from Ohio's Fifth Congressional District. IN U.S. cation. These teachers then employ these Recently, I had the opportunity to nominate (By John Berhman) Cullen T. Gallagher for an appointment to at- ideas in the classroom, resulting in projects in- cluding a 6th grade ``wax museum'' and a 1st POWAY—The de Jong family is a coming- tend the United States Air Force Academy in to-America success story. Colorado Springs, Colorado. grade ``dinosaur dig.'' In addition, Westlake Fifty years ago, from their native Holland, I am pleased to announce that Cullen has Hills recognizes the importance of involving a the family—a mother, father and 10 chil- been offered an appointment and will be at- child's first and most influential teachers in the dren—traveled across the United States to a tending the Air Force Academy with the in- learning experience, with 75% of Westlake relative’s sparse cattle ranch here. From coming cadet class of 2003. Attending one of Hills parents logging in an astounding 12,000 that beginning, they grew into one of the our Nation's military academies is one of the hours of volunteer time. most successful and well-known families in These efforts are reflected in the test scores North County. most rewarding and demanding time periods The family’s Hollandia Dairy in San these young men and women will ever under- of the student body, which place Westlake Hills above all the other elementary schools in Marcos in an institution. Family members take. Our military academies turn these young have spread out all over California and the adults into the finest officers in the world. its district. Westlake Hills has also answered country, many of them working in the dairy Mr. Speaker, Cullen has demonstrated the President Clinton's ``America Reads Chal- business. kind of leadership and dedication needed to lenge'' by forging a partnership with nearby Yesterday, many of them returned to their enter the Air Force Academy with the class of Pepperdine University, in order to ensure that American roots, celebrating 50 years of being 2003. While attending Perkins High School in each and every child can read both independ- in this country with a family reunion where ently and effectively. it all started. Sandusky, Ohio, Cullen excelled academically They met at Old Wyoming Picnic Grounds, attaining a grade point average of 3.795, Along with its demonstrated excellence in the classroom, Westlake Hills realizes the im- the family homestead at the end of Old which ranks him forty-first in his class of one- Pomerado Road in south Poway. They gath- hundred sixty students. Cullen is a member of portance of extracurricular activities in creating ered around shady oak trees and three stone the National Honor Society, the Academic the ``total'' student. Over 200 children partici- buildings that served as the family’s first Challenge Team, and the Who's Who Among pate in clubs for subjects including drama, homes in this country to reminisce and give American High School Students. In October, physical fitness, and Spanish. A club also ex- thanks. 1998, Cullen was named the Rotary Club's ists for computers, making use of the school's It is quite an extended family now. From 10 brothers and sisters have come 54 children Student of the Month. technology center. Westlake Hills believes that their goal in and nearly 100 grandchildren, most of whom In addition, he attended the National Youth are expected during the reunion. About five Leadership Forum on Law and the Constitu- forming the ``total'' student would also be in- complete without instilling in the students a family members, mostly cousins, are attend- tion in Washington, D.C., and attended the ing from Holland. Other family members United States Air Force Academy Summer sense of their responsibilities as members of have come from Oregon, Michigan, New Mex- Scientific Seminar. Outside the classroom, their local community. They have joined Gen- ico and various parts of California. Cullen is the president of the Ski Club, and is eral Colin Powell's ``Make a Difference'' volun- ‘‘This is wonderful. This is what family a member of the Spanish Club, Drama Club, teer program, where the children share their and friends are all about. And, this great country. We feel so privileged to be a part of Marching Band, and Show Choir. On the fields time assisting senior citizens. Mr. Speaker, distinguished colleagues, this country,’’ Tom de Jong, at 73 the oldest of competition, Cullen is a member of the Per- please join me in celebrating the recognition of of the 10 brothers and sisters, said yesterday kins High School Varsity Cross Country and Westlake Hills Elementary School as a Na- at the kickoff of the event. Tennis teams. tional Blue Ribbon School. It is a prime exam- Tom was the first of the family to come to Mr. Speaker, at this point, I would ask my America. That was in 1948, when he took a ple of the extremely positive effects which a colleagues to stand and join me in paying spe- job working on his uncle Sam Bruinsma’s partnership between all members of a school cial tribute to Cullen T. Gallagher. Our service ranch in what is now Poway. Bruinsma was community can produce. Westlake Hills' ap- academies offer the finest education and mili- married to Tom’s father’s twin sister, Tante proach to public education is a paradigm Jet. tary training available anywhere in the world. which all American schools should strive to Impressed with America and the opportu- I am sure that Cullen will do very well at the emulate. nities it offered, Tom wrote to his parents, Air Force Academy, and I wish him much suc- f insisting they join him. cess in all of his future endeavors. The rest of the family did indeed follow the f A TRIBUTE TO THE DE JONG oldest son, arriving in New York on May 26, FAMILY 1949. This week’s reunion—expected to draw TRIBUTE TO WESTLAKE HILLS more than 200 de Jongs and close friends— ELEMENTARY SCHOOL marks the 50th anniversary of that event. HON. RANDY ‘‘DUKE’’ CUNNINGHAM ‘‘I will never forget that day,’’ Arie de OF CALIFORNIA Jong, 60, perhaps the best known of the clan, HON. BRAD SHERMAN IN THE HOUSE OF REPRESENTATIVES said yesterday. ‘‘The Statue of Liberty and OF CALIFORNIA Tuesday, June 8, 1999 that New York skyline—and coming to IN THE HOUSE OF REPRESENTATIVES America. Mr. CUNNINGHAM. Mr. Speaker, I rise Tuesday, June 8, 1999 ‘‘America has been good to us.’’ today to pay tribute to the de Jong family of Arie, after helping his family start the Mr. SHERMAN. Mr. Speaker, I rise today to San Diego County, California. Over the last Hollandia Dairy, became a millionaire in the celebrate the designation of Westlake Hills El- few years, I have had the privilege of working trash-hauling business. Among the posses- ementary School as a United States Depart- with Arie de Jong and other members of a sions he has acquired are the three stone ment of Education National Blue Ribbon family that epitomizes the American success structures in Poway that his family first lived in. School. story. The de Jong's are close friends to The reunion, the first of its kind for the The Blue Ribbon Award for Educational Ex- America, which has given them the oppor- family, was Arie’s idea. cellence recognizes a school's achievement in tunity to lead and succeed. ‘‘It’s really for the kids and the grandkids all facets of academic development including On May 26, the de Jong family celebrated through,’’ he said. ‘‘It’s to show them where teacher training, student achievement, edu- 50 years of American heritage with a reunion their family started in this country.’’ E1162 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1999 Arie has arranged a busy schedule that in- IN HONOR OF THE LATE MAJOR offices, based on data from the National Cen- cluded a barbecue picnic last night at the old JOHN B. MAHAN ter for Health Statistics’ 1995 National Am- family homestead, a trip to Catalina today bulatory Medical Care Survey. and tomorrow, another barbecue and picnic Setting: Physician office-based settings in Saturday at nearby Big Stone Lodge, and HON. SCOTT McINNIS the United States. church on Sunday followed by final fare- OF COLORADO Patients: Patients visiting office-based wells. IN THE HOUSE OF REPRESENTATIVES physicians for principal diagnoses of adverse effect of medications (ICD–9–CM E-code Tuesday, June 8, 1999 930.00–947.9). f Mr. MCINNIS. Mr. Speaker, it is with a Main Outcome Measures: Weighted meas- ures of prevalence, nature, demographics, A TRIBUTE TO H. GAYLON heavy-heart that I wish to take this moment to recognize the life and career of one of The and resource use associated with visits re- GREENHILL lated to adverse effects of medications. United States' great men, Major John B. Results: An estimated 2.01 million (95% Mahan. Sadly, Major John Mahan died after confidence interval, 1.69 to 2.34 million) vis- HON. PAUL RYAN suffering a stroke in 1995. While his family its for medication-related morbidity were OF WISCONSIN and friends remember the truly exceptional life made to office-based physicians in the IN THE HOUSE OF REPRESENTATIVES of Major Mahan, I, too, would like to pay trib- United States during 1995, representing an ute to this remarkable man. annual rate of 7.70 visits per 1,000 persons. Tuesday, June 8, 1999 Major John B. Mahan served proudly in the Medication-related visit rates were greater U.S. Army from 1938 until his retirement in in women, in patients between 65 to 74 years Mr. RYAN of Wisconsin. Mr. Speaker, I rise of age, and in the Midwest. The most fre- today to honor a distinguished public servant. 1961. During that time, he served in North Af- quently cited reasons for medication-related H. Gaylon Greenhill, Chancellor of the Univer- rica. While in North Africa, Major Mahan was visits were skin rash, nausea, and shortness sity of Wisconsin-Whitewater, has decided to wounded and had to spend months in a state- of breath. The therapeutic agents responsible retire after 37 years of dedicated service to side hospital to recover. In the Marine Divi- for medication-related visits were most often the institution and our region. Chancellor sion, Major Mahan served in the Korean War hormone and synthetic substitutes (13.32%), Greenhill has done so much to advance the as a liaison officer/transportation officer in antibiotics (11.55%), and cardiovascular drugs (9.30%). Medication-related visits most cause of higher education in Wisconsin, and it some of the war's most intense months. Later in his life, Major Mahan was stationed often involved diagnostic services and medi- is for his service that I salute him today. cation therapy. The majority included in- H. Gaylon Greenhill has served in a variety at Fort Carson as company commander. In structions for a scheduled follow-up, and of capacities at the University of Wisconsin- 1957, he was chosen to be the Commandant fewer than 1% resulted in hospital admis- Whitewater throughout his tenure. Before of Cadets in the R.O.T.C program for the Den- sion. being appointed chancellor in 1991, he served ver Public School District. Major Mahan put Conclusion: Medication-related ambula- as Chairman of the Political Science depart- his all into the R.O.T.C. program, running it tory care utilization can pose a significant until his retiremment. burden on health care resources unless spe- ment, Dean of Summer School and Extension cific strategies are initiated to control medi- Services, Acting Dean of the College of Let- Although his professional accomplishments will long be remembered and admired, most cation-related problems. The provision of ters and Sciences, Vice Chancellor for Aca- pharmaceutical care can play an important demic and Student Affairs, and Vice Chan- who knew him well remember Major John role in reducing medication-related problems cellor and Dean of Faculties. Mahan, above all else, as a friend, It is clear and associated health care costs. that he is truly missed, yet his family can take Chancellor Greenhill received his Bachelor's f degree in Social Studies at University of Wis- solace in the knowledge that each is a better consin-River Falls and earned his Master's person for having known Major John Mahan. IN SPECIAL RECOGNITION OF EL- and Doctorate degree in Political Science from f BERT GILL IN CELEBRATION OF HIS RETIREMENT FROM THE OT- the University of Illinois. He was a Fulbright ANOTHER REASON WE NEED A RX TAWA COUNTY BOARD OF ELEC- Scholar at the University of Oslo from 1960± BENEFIT FOR EVERYONE IN TIONS 61. MEDICARE During his tenure as chancellor at UW- Whitewater, the university developed and im- HON. PAUL E. GILLMOR HON. FORTNEY PETE STARK OF OHIO plemented the campus exterior plan, con- OF CALIFORNIA structed the Irvin L. Young Auditorium, ren- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ovated the James R. Connor University Center Tuesday, June 8, 1999 Tuesday, June 8, 1999 and Hyer Hall, and made major technological Mr. GILLMOR. Mr. Speaker, I rise today to advances such as the construction of a fiber Mr. STARK. Mr. Speaker, a number of us pay a very special tribute to one of the truly optic computer network, the addition of numer- have introduced H.R. 1495, a bill to provide a outstanding individuals from Ohio's Fifth Con- ous workstations in computer labs and the prescription drug for everyone in Medicare. A gressional District, Mr. Elbert Gill. On Monday, complete wiring of the residence halls. provision in that bill requires a system to pre- May 31, 1999, Elbert Gill will retire from serv- Under Chancellor Greenhill's leadership, vent drug errors and the use of contra- ice as Chairman of the Ottawa County Board UW-Whitewater has been ranked in U.S. indicated drugs. of Elections. News & World Report's top tier of midwestern Over-prescription and reactions among mul- Elbert Gill has certainly been a valuable regional universities for five consecutive years. tiple prescriptions costs Americans billions of asset to the Ottawa County Board of Elec- UW-Whitewater has also recently received ac- dollars a year in illnessÐand thousands of tions. Since joining the Board of Elections in creditation from the North Central Association deaths. If we can reduce those errors, the March 1989, Mr. Gill has worked diligently to and National Council for Accreditation of total health care system can make enormous serve the voters of Ottawa County in every Teacher Education. savings. manner possible. Whether it is his generosity Chancellor Greenhill initiated the Excellence A new article in the May/June 1999 issue of in taking the staff to meetings or assisting with for the 21st Century Campaign to raise $10 the Journal of the American Pharmaceutical trouble-shooting on election night, Elbert Gill million for scholarships and university better- Association provides another example of why has given unselfishly of his time and helped ment. Not only did UW-Whitewater surpass we should improve the quality of drug use make Ottawa County one of the best Boards this goal, it did it two years early and had $2.4 among all Medicare beneficiaries. Following is of Elections in the state of Ohio. million in excess. the abstract of Rajender Aparasu's study enti- Mr. Speaker, Elbert Gill embodies the very Chancellor Greenhill will retire from UW- tled. ``Visits to Office-Based Physicians in the spirit of American workmanship through his Whitewater effective June 30, 1999. I know United States for Medication-Related Mor- conscientious attention to detail. In his job as that I speak for everyone in the UW-White- bidity.'' Chairman of the Ottawa County Board of Elec- water family when I wish him and his family Objective: To examine the prevalence, na- tions, Mr. Gill has epitomized the word that well as they begin this new and exciting stage ture, demographics, and resource use associ- best describes himÐservice. Although he is ated with visits to office-based physicians in in their lives together. Thank you for your the United States during 1995 for medication- retiring after ten years on the board, his hard service to your community, Chancellor, and related morbidity. work, commitment, and dedication to the citi- thank you for what you have done for the uni- Design: A nationwide cross-sectional sur- zens of Ottawa County will continue long into versity. vey of ambulatory care visits to physician the future. CONGRESSIONAL RECORD — Extensions of Remarks E1163 Mr. Speaker, it has often been said that fighters throughout our nation that have died designed to help fight the scourge of violence America succeeds due to the remarkable ac- in the line of duty. It is appropriate that the among young people. Included in this bill is a complishments and contributions of her citi- Congress pay its respect to these individuals. proposal I authored with my colleague ROD zens. It is very evident that Elbert Gill has Just last week, the District of Columbia lost BLAGOJEVICH of Illinois. given freely of his time and energy to assist in two brave and dedicated public servants. Fire- Our plan, HR 1717, known as the Violent the preservation of American ideals. Our elec- fighter Anthony Phillips died while fighting a Youth Offender Accountability Act, will prohibit toral process is the backbone of our nation, fire at a DC town house. Firefighter Louis Mat- violent juvenile felons from ever purchasing a and those individuals, like Elbert Gill, who thews died days later from burns sustained firearm. Under current law, many states permit work hard to make that system free and while fighting the same blaze. juveniles who have been convicted of violent democratic are true American patriots. There are over 1.1 million firefighters on ac- felonies to have their criminal records ex- Mr. Speaker, at this time, I would urge my tive duty everyday in the United States, and punged upon reaching age 18. As a result, it colleagues to stand and join me in paying spe- over the last 10 years, we have lost 1,109 of is perfectly legal for a juvenile with a record as cial tribute to Elbert Gill. On the occasion of these courageous individuals to circumstances a violent felon to legally purchase a deadly his retirement as Chairman of the Ottawa associated with doing their job. weapon. Mr. Speaker, this is wrong. County Board of Elections, we thank him for Almost a month ago, the National Fire Pro- As many of my colleagues know, I spent his service and we wish him all the best in the tection Agency announced that 91 firefighters nearly a dozen years as a criminal trial court future. died in the line of duty during the year 1998. judge and gang murder prosecutor. Some of f That is the lowest number of deaths in the last the most serious crimes I have seen were 10 years, and one of the lowest totals on committed by juveniles. We need to ensure TRIBUTE TO JUSTICE FOR record. While we are pleased to see the num- that our streets are kept safe, and that young HOMICIDE VICTIMS ber of deaths decrease, clearly all Americans people learn how serious committing a violent look forward to the day when we don't lose a crime can be. One of the surest ways to meet HON. BRAD SHERMAN single firefighter. this goal is by keeping firearms out of the hands of serious criminals of any age. OF CALIFORNIA These brave individuals, many of whom We must also take steps to ensure that the serve as volunteers without compensation, risk IN THE HOUSE OF REPRESENTATIVES law applies equally to all Americans. The Ju- their lives daily to insure that we can exit safe- Tuesday, June 8, 1999 venile Justice bill includes a key provision of ty from our homes when they catch fire and our bill which will apply the same standard to Mr. SHERMAN. Mr. Speaker, I rise today to provide life-saving care when we are injured in juveniles as to adults who have committed se- pay tribute to Justice for Homicide Victims. an accident. It is for these reasons that we rious felonies. Crimes that are considered ``se- The Board of Directors of the California Center honor these courageous individuals. rious violent felonies'' and would disqualify an for Family Survivors of Homicide, which in- I trust my colleagues will join me in paying adult from legally purchasing a firearm must cludes its action arm, Justice for Homicide tribute to those who have made the ultimate also apply to juveniles. Under current federal Victims has been a constant advocate for vic- sacrifice, both in the District I serve, and all law, these crimes include: murder, rape, man- tims rights. across the nation. slaughter, robbery, extortion, arson and similar Today, we honor those who make it pos- f sible to help create a working environment severe crimes. with legislators so victims and their survivors IN HONOR OF THE LATE STAFF Mr. Speaker, we need to keep guns out of may attain equal rights. Marcella Leach, Exec- SERGEANT ALVIN W. PLASTER the hands of violent criminals. I am proud that utive Director of JHV, is one of the many dedi- my colleague ROD BLAGOJEVICH and I have cated individuals who help to make the public HON. SCOTT McINNIS reached across party lines to stand for what is and legislators alike aware of the need for vic- right: protecting our nation's youth. Later this OF COLORADO week, the Judiciary Committee will mark up tims rights. IN THE HOUSE OF REPRESENTATIVES Justice for Homicide Victims was founded in legislation incorporating our proposals and a 1984 by Ellen Griffin Dunne. The first goal of Tuesday, June 8, 1999 number of key measures to ensure that the JHV was to establish a public perception that Mr. MCINNIS. Mr. Speaker, I would like to same goal is met. We must not cease in our those who commit serious or malicious crimes take a moment to recognize a man who exem- efforts to ensure safe, effective schools and should be punished accordingly. plified courage and determination, Staff Ser- communities our children deserve nothing JHV has been working tirelessly to effect geant Alvin W. Plaster. Tragically, Alvin Plas- less. legislative change. As a result, JHV helped im- ter died in 1996 after a long battle with a f plement a newly passed Victims Bill of Rights. grave illness. While family and friends remem- MEDICARE MODERNIZATION NO. 8: In addition to support services through their ber the truly exceptional life of Staff Sergeant SETTING THE GOAL OF MOVING hotline and at murder trials, JHV cooperates Alvin W. Plaster, I, too, would like to pay trib- TO A SINGLE, UNITED P.P.S. with the District Attorney's office on a regular ute to this remarkable man. SYSTEM FOR POST–CARE HOS- basis which results in positive relationship and Persistence and dedication displayed on the PITAL SERVICES spreads JHV's goals and objectives. part of Alvin Plaster is what got him into the JHV has worked for many years to educate Army. Failing the physical examination twice, HON. FORTNEY PETE STARK he convinced an Army physician to bend the and inform legislators on many aspects of the OF CALIFORNIA law. This year, JHV was honored to be the rules slightly and let him enlist. From 1942 to IN THE HOUSE OF REPRESENTATIVES most organization for the Governor's Crime 1945, Alvin Plaster was Staff Sergeant in the Summit and their efforts helped in the pas- Quartermaster Corps. He served with integrity, Tuesday, June 8, 1999 sage of legislation that was previously thought enthusiasm, and most of all, pride. Mr. STARK. Mr. Speaker, as part of a series to be unattainable. Individuals such as Alvin Plaster, who con- of bills to provide for the modernization of Mr. Speaker, distinguished colleagues, tribute selflessly, are a rare breed. Though his Medicare, I am today introducing a bill to set please join me in celebrating the success of family and friends no doubt mourn his ab- the goal that by the year 2010 Medicare de- the California Center for Family Survivors of sence, they have all gained immensely velop and use a single, united prospective Homicide and Justice for Homicide Victims. through knowing Alvin W. Plaster. payment system for post-acute hospital serv- f f ices. Currently, payment for post-acute care is a LEGISLATION HONORING FALLEN CHILD SAFETY AND YOUTH Tower of Babel, with different PPS and non- FIREFIGHTERS VIOLENCE PREVENTION ACT PPS systems used depending on whether one goes to a non-PPS hospital, a skilled nursing HON. PAUL RYAN HON. JAMES E. ROGAN home, a home health agency, or some other OF WISCONSIN OF CALIFORNIA form of therapy. The different payment rates IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and systems greatly increase Medicare's com- plexity and makes the system vulnerable to Tuesday, June 8, 1999 Tuesday, June 8, 1999 `gaming'Ðthe placement of a patient where Mr. RYAN of Wisconsin. Mr. Speaker, today Mr. ROGAN. Mr. Speaker, today, the House the provider will get the most money, not I am introducing a resolution honoring fire- Judiciary Committee will introduce legislation where the patient will get the best care. E1164 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1999 The Congressional advisory commission During his career in the Marine Corps, Gen- In addition to all their efforts on behalf of MedPAC, and other health experts, have long- eral Churchill served the United States proudly Brandeis-Bardin, Elaine and David have found warned that the proliferation of payment sys- around the world at Guantanamo Bay, Iceland, time to volunteer with several other Jewish or- tems makes it evermore difficult for us to know Guam, Guadalcanal, and other areas of the ganizations, showing that their dedication to what we are buying and how well patients are Pacific theater in World War II. While serving the local Jewish community extends far be- being treated. in World War II, General Churchill was award- yond the tree-lined gates of the institute. But moving to a single, unified, and simpler ed the Bronze Star Medal with Combat ``V'' for At Valley Beth Shalom, one of the largest system is not easy. In many areas, the data Valor and a Gold Star as Commander of the Conservative synagogues in the San Fer- or basic research is not available. Therefore, Fifth Field Service Command, Fleet Marine nando Valley, the Gills have both been active my bill sets out a long-term goal for Medicare Force, Pacific. members. They have served as pararabbinic to move in this direction. I hope that HCFA After his military career, General Churchill counselors and they have been instrumental in can develop these simplifications and cross- was instrumental in forming the United States developing the synagogue's havurah program, comparisons sooner, but if not, the bill sets a Marines Youth Foundation, whose goal is to which brings together families with similar in- `hammer' of requiring the provider commu- keep children free from the dangers of drugs terests for social and religious fellowship. nities and HCFA to come together to achieve and substance abuse. General Churchill was David has been chairman of the Board and this goal by the end of the next decade. also the Chairman of the Board and CEO of has led two building fund campaigns. Elaine is In the long run, this effort should yield sav- Churchill Supermarkets, Inc., the family busi- currently Religious Vice President. ings and improve quality measurement. My in- ness of five supermarkets. His tireless dedica- The Gills have also devoted an extraor- troduction of this bill is a signal that this is the tion and innovation helped propel General dinary amount of time to the Los Angeles Jew- direction we should be moving. Churchill's standing in the business commu- ish Federation which offers a wide range of Following are some quotes from the March nity. activities and services to individuals through- 1999 MedPAC report to Congress on why this Always the community activist, General out Los Angeles. Together, David and Elaine wonky issue is also an important issue: Churchill was a member of the Toledo City have led several missions to Israel and they To guide the development of consistent Council and was Chairman of the Toledo Re- have each chaired committees too numerous payment policies across post-acute care set- publican Executive and Central Committees. to mention. tings, MedPAC recommends that common He was a member of the Toledo Rotary Club, Mr. Speaker, distinguished colleagues, data elements be collected to help identify National Association of Grocers, Ohio Auto- please join me in honoring Elaine and David and quantify the overlap of patients treated mobile Association, and many more. Among and services provided. Further, it is impor- Gill's outstanding work with the Brandeis- others, General Churchill was recognized as Bardin Institute and the Los Angeles Jewish tant to put in place quality monitoring sys- ``Marine of the Year,'' ``Grocer of the Year,'' tems in each setting to ensure that adequate community. They are the true embodiment of care is provided in the appropriate site. We and, in 1992, he received the President's Dis- the concept that ``all Israel are responsible for also support research and demonstrations to tinguished Service Award. one another.'' Mr. Speaker, I would urge my colleagues to assess the potential of alternative patient f classification systems for use across settings stand and join me in paying tribute to the late to make payments for like services more Major General Walter A. Churchill. For his un- MILITARY HOME OF RECORD ACT comparable. . . wavering service above and beyond the call of OF 1999; LEGISLATION TO CLAR- A lack of readily available data on patient duty, we owe him our most gracious thanks. IFY THE ‘‘HOME OF RECORD’’ function and health status limits the ability f to identify where differences and overlaps in FOR MILITARY PERSONNEL FOR THE PURPOSE OF THE 2000 CEN- patients occur and to compare costs and pay- TRIBUTE TO DAVID AND ELAINE SUS. ments across provider types. In particular, GILL policymakers are concerned that payment policies may furnish incentives for providers HON. PAUL RYAN to place patients in settings for financial, HON. BRAD SHERMAN rather than for clinical reasons. A core set of OF CALIFORNIA OF WISCONSIN common data about patients in all post- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES acute care settings will improve consider- Tuesday, June 8, 1999 Tuesday, June 8, 1999 ably the ability to monitor and make policy decisions about post-acute care. Mr. SHERMAN. Mr. Speaker, I rise today to Mr. RYAN of Wisconsin. Mr. Speaker, I am here today to introduce legislation that I feel is f pay tribute to Elaine and David Gill for their al- most fifty years of leadership and devotion to essential to achieving an accurate count in IN SPECIAL RECOGNITION OF THE the Brandeis-Bardin Institute and the Los An- Census 2000. LATE MAJ. GEN. WALTER A. geles Jewish community. Military personnel are a unique group be- CHURCHILL (RET.), U.S. MARINE Since they first attended the Brandeis Colle- cause they often pay taxes and vote in a state CORPS, FOR HIS DEDICATED giate Institute in the 1950s, Elaine and David in which they are stationed; therefore, it is dif- SERVICE TO THE UNITED have forged a warm, longstanding relationship ficult to clearly define their actual residence. STATES OF AMERICA with the Brandeis-Bardin Institute as a whole. Most would not be residing in the place they Both of them have served on the Board and have been stationed were it not for their mili- HON. PAUL E. GILLMOR David is a member of the Executive Com- tary service. Many have family in another OF OHIO mittee. Elaine has served as chair of the state. My bill will provide clarity by ensuring that IN THE HOUSE OF REPRESENTATIVES Alonim Committee, the Women of Brandeis- Bardin, and as co-chair of the Brandeis-Bardin military personnel are allocated to their ``Home Tuesday, June 8, 1999 Associates. The Gills have recognized the im- of Record.'' This will ensure that federal fund- Mr. GILLMOR. Mr. Speaker, I rise to pay portant role that BBI plays in enhancing the ing and redistricting are based on an accurate special tribute to a truly outstanding individual spiritual life of Jews of all ages and levels of count of the population. from the state of Ohio, the late Major General observance, and they have committed their Currently, the Census Bureau plans to use Walter A. Churchill (ret.), United States Marine time and energy to ensuring the Institute's ``Home of Record'' data for counting military Corps. On Monday, June 7, 1999, a special continued success and development. personnel who are stationed overseas in Cen- celebration will take place in Toledo, Ohio to The Gills' relationship with the Brandeis- sus 2000. This bill requires the Census Bu- honor the outstanding life and military career Bardin Institute exists on the personal level as reau to work in partnership with the Depart- of General Churchill. well. All four of their sons have attended ment of Defense to count military personnel Mr. Speaker, Walter Augustus Churchill, Sr. Camp Alonim, the youth resident summer who have been stationed in the United States was born on November 12, 1903. At the age camp held on the grounds of the Institute. Be- as well. of 19, he enlisted in the United States Marine tween 1971 and 1994, at least one of their This bill is not a radical shift in policy for the Corps and began a distinguished military ca- sons was involved with the camp either as a Census. In the 1990 Census as well as in the reer culminating with the rank of Major Gen- camper or a staff member. In fact, both of the 1970 Census the Department of Commerce eral in 1962. General Churchill retired from the couple's married sons met their wives at utilized ``home of record'' data. In 1992, the United States Marine Corps on December 1, Alonim. A third generation of Gills, grandsons Supreme Court stated that the Secretary of 1963, after a remarkable 41 years and 8 days Jasper, Jonah, and Micah, are all future camp- the Department of Commerce was acting with- of service to his country. ers. in the law when he used ``home of record'' CONGRESSIONAL RECORD — Extensions of Remarks E1165 data from the personnel files to count military district. Sadly, as students and parents in La have grown up to be doctors, lawyers and personnel in the 1990 Census. Crescenta, CA, would agree, it also marks the other professionals who have served the I am not seeking to uproot years of tradition end of her distinguished career in education. country which welcomed their ancestors with here today; I am merely fighting to ensure that To honor this service to our youth and to our open arms. the Census is done in a fair and equitable Nation, I ask my colleagues here today to join Croatia is a country rich in history, culture manner, accounting for all U.S. citizens in their me in saluting Ruth Squires. and beauty. Its people have a special appre- proper home. These men and women have Ruth's career in teaching would carry her ciation for the United States and Americans. A claimed a state to be their ``home''-why from coast to coast. She began her career in Croatian poet, Antun Gustav Matos, wrote in shouldn't we honor that claim. There are many New York State, earning a degree at the State 1906 that ``America is presently the most im- states that, merely based on location, have University Teachers' College In Cortlind. Even- portant factor in the creation of Croatian de- been chosen to house military personnel. tually finding her way to California, Ruth joined mocracy, the best school of Croatian vitality.'' Counting military personnel as residents of the faculty at Rosemont Middle School in La Today these words are even more meaningful these states when they are voting and paying Crescenta in 1963. She immediately became than they were in 1906. taxes elsewhere simply does not make sense. actively involved in both community and We all remember Croatia's lengthy war for I urge all my colleagues to join me in co- school events. She is best known for her lead- independence that made headlines worldwide sponsoring this legislation. ership in the school's production on the United in the early part of this decade. We celebrated when Croatia finally broke from the Serbian- f States Constitution. This community event is dominated Yugoslavia in 1991, after such Ruth's trademark, bring to life the two-hundred IN HONOR OF THE LATE DR. great loss of human life, to become its own year old document that is the foundation of THEODORE MILLER independent country. Today, we stand with the our government. Croatians to pay tribute to their courage and In her 36 years at Rosemont, Ruth has perseverance. We pay tribute to Croatia's fully HON. SCOTT McINNIS taught history, social science and economics, OF COLORADO functioning, democratic political structure, and and served as a mentor for her peers. Cur- IN THE HOUSE OF REPRESENTATIVES its commitment to further economic develop- rently, she is the chair of the history and social Tuesday, June 8, 1999 ment. science department. And her leadership has I also want to pay tribute to the Republic of Mr. McINNIS. Mr. Speaker, it is with great not gone unnoticed. In 1988, she was award- Croatia's opening of a new Consulate General sadness that I wish to take this moment to ed the prestigious Masonic Award, and in in Chicago on April 8, 1999. The three-day se- recognize the remarkable life and significant 1993, received the John Del Monte Award for ries of events entitled Croatia in Chicago was achievements of one of Pueblo, Colorado's her service to campus and community. Ruth is the largest gathering ever of the Croatian treasured pediatric physicians. Tragically, Dr. also recognized by ``Who's Who, American community in the U.S. and it demonstrated Theodore Miller died after a long battle with University and Colleges Edition.'' that the partnership between Croatia and the prostate cancer. While his family and friends Mr. Speaker, too often, the service of those U.S. is constantly being strengthened. One remember the truly exceptional life of Dr. who mean the most goes unnoticed. Although particularly special event was a Gala Dinner Theodore, I, too, would like to pay tribute to another school year has come to an end, we organized by the Croatian community in Chi- this remarkable man. must not let it pass without recognizing the cago. There were 1,400 guests in attendance As a pediatrician in Pueblo, Colorado, for service of the men and women in education and the revenues of the dinner went to benefit forty years, Dr. Miller's bedside manner was who have unconditionally served our youth. the children's hospitals in Croatia. the best around. According to former patients Ruth Squires is one of these patriots. Lastly, Mr. Speaker, I want to associate my- and colleagues, Dr. Miller was the kind of man For her three decades of service to the fam- self with the remarks of Ambassador Robert who took time for the children to get them di- ilies of California's 27th Congressional District, Gelbard at the Groatia in Chicago event. Mr. rectly involved with their diagnosis and recov- and for her distinguished work in the La Gelbard said ``As our trade and business ties ery. Dr. Miller's love for his work was evident Crescenta community, I ask my colleagues to grow so must Groatia's integration into the full through his dedication to his partner, and his join me in honoring the service of Ruth range of Western and Euro-Altantic institu- patients. Squires. tions.'' I believe we must do all we can to help Dr. Theodore Miller served in the medical f Croatia achieve these goals, and we must corps in World War II, and moved to Pueblo continue to reinforce to the Croatian people Colorado soon after. He graduated from TRIBUTE TO THE REPUBLIC OF that our goal is a full partnership with Croatia. Northwestern Medical School in 1945 and CROATIA FOR CELEBRATING THE Finally, I ask my colleagues to join me in pay- started his partnership in 1951. After forty NINTH ANNIVERSARY OF ITS ing tribute to th Republic of Croatia for cele- years of serving the community of Pueblo, Dr. INDEPENDENCE ON MAY 30, 1999, brating the ninth anniversary of its independ- Miller retired in 1991. He was a member of the AND FOR OPENING A NEW CON- ence and for opening a new Consulate Gen- American Academy of Pediatrics, and the Col- SULATE GENERAL IN CHICAGO eral in Chicago. orado State Medical Society Dr. Miller also ON APRIL 8, 1999 f served on the American Board of Pediatrics, and was once president of the Pueblo County HON. GEORGE RADANOVICH THE POTOMAC—AN ENDANGERED Medical Society. RIVER Although his professional accomplishments OF CALIFORNIA will long be remembered and admired, most IN THE HOUSE OF REPRESENTATIVES HON. RANDY ‘‘DUKE’’ CUNNINGHAM who knew him well remember Dr. Miller, Tuesday, June 8, 1999 OF CALIFORNIA above all else, as a friend. it is clear that the Mr. RADANOVICH. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES multitude of those who have come to know today to pay tribute to the Republic of Croatia Tuesday, June 8, 1999 him, mourn his absence. However, Mr. Speak- for celebrating the 9th anniversary of its inde- Mr. CUNNINGHAM. Mr. Speaker, as a er, I am confident that, in spite of this pro- pendence on May 30, 1999, and for opening found loss, the family and friends of Dr. Theo- member of the Congressional Sportsmen's a new Consulate General in Chicago on April Caucus and District of Columbia Appropria- dore Miller can take solace in the knowledge 8, 1999. tions Subcommittee, I am deeply concerned that each is a better person for having known I am proud, and especially proud today, to about the environment in and around our na- him. be one of the more than 2 million people of tion's capital. f Croatian descent living in the United States Two years ago the Congressional Sports- HONORING THE SERVICE OF RUTH who have maintained their links with Croatia. men's Caucus held a monthly informational SQUIRES Croatian Americans arrived in the United briefing on fishing in the Washington, D.C. States with little except for the belief in the area. Following that briefing I submitted for the ``American Dream'' and a perseverance to record an article written by Charles Verharen, HON. JAMES E. ROGAN succeed and watch their children excel. Since OF CALIFORNIA a Professor at Howard University and avid they first arrived in large numbers in the IN THE HOUSE OF REPRESENTATIVES local fisherman, that highlighted threats to the United States more than one hundred years Potomac River fishery. Tuesday, June 8, 1999 ago, Croatian Americans have done well in all At the request of local fishermen, a study on Mr. ROGAN. Mr. Speaker, this year marks aspects of American historical, socio-cultural the impact of sediment discharge on anad- the 36th year of service for a teacher in my and political life. Their sons and daughters romous fish was initiated by the U.S. Fish and E1166 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1999 Wildlife Service (FWS), with the Maryland De- middle Potomac, and Aqueduct waste dis- WASHINGTON AQUEDUCT SEDIMENT partment of Natural Resources, the Interstate charge points are potential spawning habi- DISCHARGES Commission for the Potomac River Basin, the tats for sturgeon. The panel’s report asks the REPORT OF PANEL RECOMMENDATIONS District of Columbia Fish and Wildlife, and the Environmental Protection Agency to inves- Fisheries Panel Summary of National Marine Fisheries Service. The report tigate the Aqueduct’s potential threat to a Recommendations, March 1999 sturgeon comeback. concludes that this sediment discharge is A panel of fisheries biologists from the Dis- causing a significant adverse impact to anad- The EPA gives the Washington Aqueduct a trict of Columbia, State of Maryland, Inter- romous fish during the spawning season. permit to discharge its waste. Long past its state Commission on the Potomac River I have attached another article by Charles expiration date, the permit has been ‘‘admin- Basin, National Marine Fisheries Service, Verharen that describes the impact of this en- istratively extended.’’ The EPA won’t renew and U.S. Fish and Wildlife Service was con- vened to provide recommendations on mini- vironmental problem. In addition, I have en- the permit in its present form because the Army Corps of Engineers which operates the mizing impacts to migratory fish from sedi- closed the summary of recommendations from Washington Aqueduct isn’t doing everything ment discharges at the Washington Aque- the Fish and Wildlife Service report to update it can to clean up its waste. duct. The fisheries panel provides these rec- my colleagues on the problems facing the Po- ommendations to the administrators at the tomac River environment.***HD***JOE The Corps could truck the waste to dis- Washington Aqueduct in an effort to advance FLETCHER'S FISH STORY posal sites but a citizens group that calls the anadromous (and resident) fish restora- itself ‘‘CRUDD’’ (Committee for Responsible tion efforts in the Potomac River. By mini- (By Charles Verharen) Urban Disposal at Dalecarlia, the old name mizing the adverse effects to water quality Joe Fletcher is tempted to cry over his be- for the Aqueduct) doesn’t want the trucks from sediment discharges at the Dalecarlia loved river. And a recent U.S. Fish and Wild- threatening their children’s safety and their and Georgetown settling basins, fisheries re- life Service report claims he has good rea- Palisade neighborhood’s clean air. source managers have a better chance at son. achieving fish and habitat restoration goals Joe and his family have rented fishing The waste could be pumped to Washing- for the Potomac River. boats on the Potomac at Fletcher’s Boat ton’s Blue Plains waste water treatment 1. The goal is to eliminate sediment dis- House for three generations. One of Joe’s fa- plant through existing sewer lines, but the charges to the Potomac River. If sediment vorite stories—not about a fisherman but a Washington Aqueduct would have to pay for discharges are absolutely necessary, the ferry passenger—shows why he’s sad. using the lines and enlarging Blue Plains panel recommends eliminating the floc- Joe’s story starts in colonial times when treatment capacity. The local governments culent/sediment discharges from February 15 the Potomac was one of the greatest fish- that buy clean water from the Aqueduct to June 15, to avoid the early and late spawn- eries in the world. George Washington owned don’t feel that Washington area residents highly profitable commercial fishing rights ing activities of migratory fish. want to pay extra taxes to stop the Potomac 2. Mix the flocculent/sediments with raw on the Potomac near Mount Vernon. The pollution. king of all fish in the Potomac was the stur- river water in the settling basins to produce geon, ranging up to ten feet in length and Those same customers want to save money an effluent, that when discharged to the weighing over four hundred pounds. Potomac by paying chicken farmers and other pol- river, reduces the adverse impacts of con- caviar was a delicacy prized around the luters upstream to stop their discharge. The centrated sediments on migratory fish. world. EPA allows polluters to buy and sell pollu- 3. Slow the rate of flocculent/sediment dis- In colonial Washington, the only way tion rights from one another. But that kind charge to the river to a minimum of 72 hours across the Potomac was by ferry. One time a of exchange wouldn’t save the fish. per basin. We recommend that the ratio of discharge to river flow be less that 0.1%. sturgeon leaped out of the water and landed Joe Fletcher thinks that if Washingtonians on a Georgetown passenger sitting in a small This will also reduce the adverse impacts to knew how dirty their clean drinking water migratory fish from concentrated sediments ferry’s stern. The fish was so huge that it makes the Potomac, they might want to pay crushed the man’s hip and he died from the entering the river. a little extra so the shad and the rockfish 4. Monitor water quality daily at the dis- injury several weeks later. have a chance to make a comeback. Joe even Joe’s doubly sad when he tells this story— charge sites to identify a time when water dreams about the day he might see a stur- sad about the passenger and sad that stur- quality conditions are least sensitive to sedi- geon leap out of the Potomac no more. But geon breaking the water close to his boat— ment discharges in the river. The water qual- now Joe’s got something else to be sad but not too close! ity monitoring parameters include: pH, tem- about. He fears that the sturgeon’s fate perature, alkalinity, and conductivity. threatens rockfish (striped bass) and shad, 5. Remove rocks from the Dalecarlia out- DEPARTMENT OF THE INTERIOR, abundant at Fletcher’s Cove even in times fall to ensure controlled and measurable FISH AND WILDLIFE SERVICE when the Potomac was one of the most pol- sediment discharge rates, and establish out- Annapolis, MD, March 2, 1999. luted rivers in America. fall maintenance and discharge monitoring Ironically, Joe blames this new threat of Re: Washington Aqueduct Report. plans to promote safe operation and predict- extinction on pure water. The Washington MS. PATRICIA GLEASON, able discharge rates. Aqueduct drinking water treatment plant U.S. EPA, Region III, 6. Create a panel of stakeholders to assist discharges the equivalent of up to twenty Water Protection Division, the Washington Aqueduct with issues relat- five dump-truck loads of aluminum and cop- Philadelphia, PA. ing to the Potomac River ecosystem. These entities could include citizen coalition, per sulfates and other waste material into MS. GLEASON: The U.S. Fish and Wildlife local, state, interstate, and federal rep- the Potomac above Chain Bridge every day Service with Maryland Department of Nat- resentatives. as a by-product of its water purifying proc- ural Resources, Interstate Commission for ess. the Potomac River Basin, District of Colum- f Joe fears the chemicals are damaging the bia Fish and Wildlife, and National Marine spawn and fry—as well as fishing. ‘‘Every Fisheries Service have completed a report on INTRODUCTION OF MEDICARE time the water treatment plant dumps a big the sediment discharges from the Wash- MODERNIZATION NO. 7: ‘‘MEDI- load into the river,’’ Joe claims, ‘‘the fish CARE CLINICAL PRACTICE PAT- just stop biting.’’ ington Aqueduct, Washington, D.C. The en- Joe can’t imagine Washingtonians would closed report concludes that significant ad- TERNS ACT OF 1999’’ sit still if they saw twenty five trucks verse impacts to anadromous fish during the parked on Key Bridge dumping waste into spawning season could occur from the sedi- ment discharges. The report entitled, ‘‘Wash- HON. FORTNEY PETE STARK the Potomac. And twenty five trucks a day OF CALIFORNIA adds up to over nine thousand trucks a year. ington Aqueduct Sediment Discharges Re- ‘‘How many times would nine thousand port of Panel Recommendations’’ includes IN THE HOUSE OF REPRESENTATIVES trucks go around the Beltway?’’, Joe won- recommendations to the Aqueduct Adminis- Tuesday, June 8, 1999 ders. trators on how to minimize the impacts dur- A recent U.S. Fish and Wildlife Service re- ing the spawning season. Mr. STARK. Mr. Speaker, today I rise to in- troduce the seventh bill in my Medicare mod- port on the Washington Aqueduct confirms We appreciate the opportunity to provide ernization series: the ``Medicare Clinical Prac- Joe’s fears. Prepared by Fish and Wildlife’s information relevant to fish and wildlife re- Chesapeake Bay field office and a panel of sources. If you have any questions on this re- tice Patterns Act of 1999.'' This bill would give area-wide fisheries biologists, the report ad- port, please contact David W. Sutherland at the Secretary the authority to document pat- vocates eliminating all Washington Aque- (410) 573–4535 or [email protected]. terns of clinical practice in the Medicare pro- duct waste discharges into the Potomac, one Sincerely, gram, determine the effectiveness of treat- of fourteen American Heritage Rivers tar- ROBERT J. PENNINGTON, geted for ‘‘environmental, economic, and so- ment, and bring medicare policy in line with ACTING SUPERVISOR, cial restoration projects.’’ that of the private sector. If implemented, the Surprisingly, the panel claims shortnose Chesapeake Bay Field Office. ``Clinical Practice Patterns Act'' would help to sturgeon have been found in the lower and Enclosure. standardize the delivery of health services CONGRESSIONAL RECORD — Extensions of Remarks E1167 within Medicare, thereby improving the quality AHCPR at hand, Medicare could effectively offer my deepest sympathies to the family and of care provided to Medicare beneficiaries and implement a program to improve clinical effec- friends of Keith as they grieve at his passing. achieving savings for the program overall. tiveness and achieve savings through effi- Like those who knew him well, the entire Earlier this year, I introduced H.R. 1544, the ciency. Grand Junction community will miss both Keith ``Patient Empowerment Act of 1999.'' The ``Pa- f and his tireless service on their behalf. tient Empowerment Act'' was the first step to- For 29 years in Grand Junction, Colorado's ward eliminating the wide variation in treat- IN SPECIAL RECOGNITION OF WIL- School District 51, Keith was a pillar of edu- ment patterns across the U.S., as identified by LIAM S. HEFRON ON HIS AP- cation who served with great distinction, both Dr. John Wennberg in the Dartmouth Atlas. POINTMENT TO ATTEND THE as a teacher and as an advocate for improving The ``Clinical Practice Patterns Act'' builds on UNITED STATES MILITARY our schools. Keith was, for nearly three dec- this theme by developing evidence-based clin- ACADEMY ades, a powerful voice of leadership and vi- ical guidelines to assist providers in treating sion for education in the Grand Valley. It is various illness. HON. PAUL E. GILLMOR clear, Mr. Speaker, that his leadership in edu- Mr. Speaker, there are literally millions of OF OHIO cation will continue to benefit students in our doctors, nurses, and health administrators IN THE HOUSE OF REPRESENTATIVES school system for many years to come. I know working in thousands of different hospitals, all Tuesday, June 8, 1999 that this is a legacy that Mr. Clark would take trained at different schools in different commu- great pride in. nities, who provide care to the 39 million el- Mr. GILLMOR: Mr. Speaker, I rise today to In addition to his service as an educator, derly, disabled, and ESRD patients covered by pay special tribute to an outstanding young Keith also served his country with great valor Medicare. With all of these elements inter- man from Ohio's Fifth Congressional District. I as a B±52 pilot during World War II. Mr. Clark acting together, it's no wonder that we have am happy to announce that William S. Hefron, flew and fought bravely over the skies of North such wide variation in treatment patterns of Amherst, Ohio, has been offered an ap- Africa and Italy in defense of the nation he across the United States. pointment to attend the United States Military loved deeply. Medicare is a combination of both art and Academy at West Point, New York. At one might surmise from his sustained science. For most treatments, there are no Mr. Speaker, Bill as accepted his offer of service and selfless sacrifice, Keith was also a empirical data on clinical effectiveness that appointment and will be attending West Point fierce patriot and proud American. He believed suggest one method is better than another. In this fall with the incoming cadet class of 2003. deeply in our constitutional form of govern- these cases, providers use their ``best guess'' Attending one of our nation's military acad- ment and in the bedrock principlesÐlike free- to make treatment decisionsÐrelying on their emies is an invaluable experience that offers dom, liberty, and individual self-determina- individual knowledge, preferences, and the re- a world-class education and demands the very tionÐupon which this great republic stands. sources available to them. This ``art'' of medi- best that these young men and women have It is with this, Mr. Speaker, that I say thank cine exacerbates the variation in treatment to offer. Truly, it is one of the most challenging you to Mr. Keith Clark for his decades of serv- patterns, and Medicare expenditures, across and rewarding undertakings of their lives. ice, both in defense of our country as an air- the U.S. While attending Lorain Catholic High man and in defense of our future as an educa- Yet, as Wennberg notes, there is virtually no School, Bill has attained a grade point aver- tor. He was truly a great American. difference in health outcomes between low age of 4.062 on a 4.3 scale, which places him At the same time, I would also like to offer and high spending areas. If less expensive third in his class of sixty-six students. Bill's my heart-felt condolences to Keith's family: his treatments are available, why aren't we pre- scholastic honors include the Lorain Catholic wife of 52 years Anita, his children Katie and scribing them more readily? By collecting and Honor Roll and National Honor Society. Bill is Cal, and his three granddaughters Amber, Lily distributing data on clinical effectiveness, and also taking several AP classes to further his and Hillary. I hope that these family members, encouraging providers to use treatment guide- outstanding academic achievements. like everyone who has had the good-fortune of lines, we may be able to minimize practice Outside of the classroom, Bill has distin- knowing Keith, will take solace in the variation. We simultaneously may be able to guished himself as an outstanding student-ath- undisputable fact that they are a better person achieve substantial savings for Medicare. lete. On the fields of competition, Bill is a Var- for having known him. Following is a portion of an interview from sity letter winner in cross country, track, foot- f the May/June 1999 issue of Health Affairs by ball, and basketball. During his Junior season, SALUTING THE SERVICE OF JOAN Princeton professor Uwe Reinhardt with HHS Bill was captain of the cross country team, KELLY Secretary Donna Shalala discussing how Most Valuable Runner, and a school record Medicare's financial problems would be greatly holder. In track, Bill won the 800 meters at the reduced if the variation in clinical practices District Track & Field Meet, and placed fifth in HON. JAMES E. ROGAN were minimized: Regional competition. And currently, Bill is the OF CALIFORNIA REINHARDT. ‘‘Count on me to be a real Secretary of the Senior Class. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, at this point, I would ask my thorn in the side of the status quo, then, be- Tuesday, June 8, 1999 cause I believe that if everyone in America colleagues to stand and join me in paying spe- could consume medical care while spending cial tribute to William S. Hefron. Our service Mr. ROGAN. Mr. Speaker, none of us here at rates similar to those of Minnesota, Or- academies offer the finest education and mili- today would have found success without the egon, and Wisconsin, providing health care tary training available anywhere in the world. help and guidance of a teacher. As students, to the aging baby-boom generation would be I am sure that Bill will do very well during his we were all influenced by those who commit a piece of cake, wouldn’t it?’’ career at West Point, and I wish him the very their lives to the service of others. Too often, SHALALA. ‘‘Absolutely, and the doctors this service goes unnoticed. Today, I would would feel as though the system were fairer. best in all of his future endeavors. But once the infrastructure is built and phy- f like to salute the service of a teacher who has sicians get comfortable with consuming a dedicated over a decade of her career to the certain level of resources, it’s very difficult IN HONOR OF THE LATE KEITH students in my district. to work your way out unless you buy your- CLARK Joan Kelly has taught in La Crescenta, Cali- self out, as we have attempted to do with the fornia for 11 years. However, her work as a downsizing of medical residency positions HON. SCOTT McINNIS teacher began long before her move to my through HCFA’s New York demonstration.’’ OF COLORADO district. Throughout her life, Joan has com- Clinical practice guidelines are being used IN THE HOUSE OF REPRESENTATIVES mitted herself to serving the needs of students more and more throughout the private sector and the needs of the community. to improve the quality of health care as well as Tuesday, June 8, 1999 Joan is a native of Brooklyn, New York. A to increase the efficiency of the health indus- Mr. MCINNIS. Mr. Speaker, it is with a graduate of Fordham University, she taught el- try. This practice does not in any way diminish heavy heart that I would like to take this mo- ementary school and worked extensively in the art of medicine, it only improves the ment to honor the remarkable life and excep- the New York area. Her work with students science behind treatment decisions. tional achievements of a great Coloradan and and parents led her to develop a counseling Medicare is a natural candidate for clinical American, Keith Clark. In doing so, I wish to program in Yonkers, New York. This program practice guidelines. With an outstanding data- pay tribute to Keith for all of his many years is a shining example of her relentless pursuit base of information on beneficiaries across the of service and sacrifice on behalf of this na- of innovative and creative ways to reach stu- country, and the resources of the NIH and tion. At the same time, I would also like to dents. E1168 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1999 Joan joined the faculty at Rosemont Middle ican who together with his wife have dedicated a degree from the U.S. Military Academy in School in the Spring of 1987. Her efforts as a their lives to the service of their fellow human West Point, N.Y., a Master of Arts degree in math, history, and English teacher and school beings. Thousands of Arizonans feel deep English Literature from the University of Penn- administrator contributed to Rosemont being gratitude for Ortiz' commitment to their health sylvania, a Master of Arts degree in Inter- recognized as a U.S. Department of Education and lives. national Affairs from The George Washington Blue Ribbon School of Excellence and a Cali- How is it that this ``Jibaro PuertorriquenÄo'' University and is a graduate of both the U.S. fornia Distinguished School. came to lead his life in the desert? While a Army Command and General Staff College at In her years of service at Rosemont Middle boy in Puerto Rico, Dr. Ortiz dreamt of helping Fort Leavenworth, Kansas, and the U.S. Army School, Joan has proven herself to be a lead- others. His parents encouraged his love of War College at Carlisle Barracks, Pa. er. She is often called on by colleagues to di- learning and dedication to the public service. In 1949, Mr. Rose was commissioned as a rect teacher in-service programs, passing on After graduating from medical school at the Second Lieutenant and he remained a com- to her peers a lifetime of knowledge about University of Illinois in 1945, he joined the mili- missioned officer in the U.S. Army until 1971. education. Further, she has instilled in teach- tary and served as a physician at several His overseas service included Germany from ers the skills to help students be the best they posts throughout the country. In the early 1950 to 1953, Korea from 1960 to 1961, an- can be. In 1993, she was awarded the pres- 1950's, while stationed at Luke Air Force Base other tour in Germany from 1965 to 1967 and tigious Masonic Award for her service. in Phoenix, Arizona, Dr. Ortiz volunteered to Vietnam from 1967 to 1968. His service time Mr. Speaker, the strength of our nation to- assist Dr. Carlos Graeth to provide medical in the United States was divided among Fort morrow depends on the quality of the edu- services to the 80,000 Hispanics in Maricopa Knox, Ky., Fort Meade, Md., Washington, cation our youth receive today. And one need County. They were the only two Spanish D.C., and various service schools. look no further than the roster of Joan's former speaking doctors in the County. Key positions held by Rose while in the U.S. students to see the leaders of tomorrow. For Dr. Ortiz became a champion for the rights Army included instructor and assistant pro- her service to our nation, and for her commit- of those he served. His involvement in improv- fessor of English at the U.S. Military Academy ment to public education, I ask my colleagues ing human needs and access to medical care, in West Point from 1956 to 1959, commander here today to join me in recognizing Joan better education, housing and jobs led him to of combat units from platoon to division sup- Kelly. become politically active and an ally for people port command in Vietnam and staff officer f who lacked a voice, particularly farm workers. from battalion to Department of Army head- He worked to improve field sanitation condi- PERSONAL EXPLANATION quarters (Pentagon). Rose was promoted to tions and was instrumental in enacting state colonel in 1968 and he retired from military laws to regulate the use of pesticides. service on February 1, 1971. Martha Ortiz was the organizational brains HON. KENNY C. HULSHOF As a civilian, Rose was the managing part- OF MISSOURI of this effort. She served as the full time ad- ner of Rose and Buckner Store on the east ministrator, personnel director and business IN THE HOUSE OF REPRESENTATIVES side of the Marshall square. Bob was the third manager of the office mostly as a volunteer, Tuesday, June 8, 1999 generation of the Rose family in this position. because she refused to accept payment for The store closed upon his retirement. Other Mr. HULSHOF. Mr. Speaker, I missed three her services. She ably handled the many ``pay local business and civic offices held by Rose votes last night, rollcall Numbers 167, 168 and what you can'' patient alternatives that en- include being past president and board mem- 169. These votes were missed due to a can- abled the medical practice to continue to make ber of the Marshall Rotary Club, serving on celed airline flight. On these votes, I would health services available and affordable to low the board of directors of Wood and Huston have voted ``aye''. income and indigent residents of Arizona. Bank in Marshall, serving on the board of di- f Since 1972, Dr. Ortiz has headed the Uni- rectors of Wood and Huston Bancorporation versity of Arizona Rural Health Office and has TRIBUTE TO DR. AUGUSTO ORTIZ Inc. in Marshall and acting as past chairman successfully directed more efficient health AND MARTHA ORTIZ of the board for Corwin Corporation in Kansas services including prevention-focused health City. ´ campaigns, mobile clinics and community HON. CARLOS A. ROMERO-BARCELO health boards. He is a living model to aspiring Rose was also a board trustee of Ridge OF PUERTO RICO doctors and others in the health professions. Park Cemetery Association in Marshall, a IN THE HOUSE OF REPRESENTATIVES During their 50 year commitment to their fel- board member of the Missouri River Chapter low man and woman, Dr. and Mrs. Ortiz have of the American Red Cross, executive board Tuesday, June 8, 1999 member of the Great Rivers Council of Boy  been awarded many rightfully deserved hon- Mr. ROMERO-BARCELO Mr. Speaker, I am ors and recognitions at the community, state Scouts of America, past chairman of the Mis- pleased to rise today to pay tribute to Dr. and national levels. souri Valley College Board of Trustees and a Augusto Ortiz and his wife Martha, who have As a fellow Puerto Rican-American, as a fel- member of various military, veteran and civic for half a century provided medical and clinical low Hispanic and as a fellow American, I am organizations. services to the Spanish-speaking population of pleased and proud to recognize the achieve- Rose in an active member of First United Arizona. I wish to recognize their selflessness ments of this couple who have made a dif- Methodist Church in Marshall. He and his wife and commitment to the health and welfare of ference in the lives of thousands. Dr. Ortiz de- Betty are the parents of one son. their fellow Americans. serves our deepest gratitude and the nation's Mr. Speaker, I know the Members of the During the past year in particular, we have recognition. I ask my colleagues in Congress House will join me in congratulating Robert M. witnessed many discussions about the role to join with me in saluting and honoring, Dr. ``Bob'' Rose for his honorary degree of Doctor that Puerto Rican-Americans play in the main- Augusto Ortiz and his wife Martha Ortiz. of Humanities, and for his lifelong service to stream United States. Some have questioned f his community and to his country. our right to equality as Americans because of our language and our culture, but I want to as- CONGRATULATIONS TO ROBERT M. f sure you that the patriotic and law abiding citi- ‘‘BOB’’ ROSE zens of Puerto Rico have distinguished them- PERSONAL EXPLANATION selves in all facets of life in the United States, HON. IKE SKELTON be it in defense of our nation, as community OF MISSOURI HON. WILLIAM M. THOMAS leaders, as athletes, professionals, scientists IN THE HOUSE OF REPRESENTATIVES or as performing artists, making numerous OF CALIFORNIA contributions to our great nation. Our language Tuesday, June 8, 1999 IN THE HOUSE OF REPRESENTATIVES and culture have enhanced and enriched our Mr. SKELTON. Mr. Speaker, it has come to Tuesday, June 8, 1999 national culture, contributing to the service and my attention that Robert M. ``Bob'' Rose was understanding of our fellow citizens throughout honored with the honorary degree of Doctor of Mr. THOMAS. Mr. Speaker, I was not the United States. Humanities during the 1999 academic con- present for the vote on final passage of H.R. The merging of our cultures is especially vocation at Missouri Valley College on Sun- 1915, Jennifer's Law or Grants to the States evident in the life of Dr. and Mrs. Ortiz. Their day, May 16, 1999. to Improve the Reporting of Unidentified and lifelong commitment to Arizona is enhanced by Mr. Rose is a graduate of Marshall High Missing Persons. If I had been present I would the fact that Dr. Ortiz is a Puerto Rican-Amer- School in Marshall, Missouri. He also earned have voted ``aye''. CONGRESSIONAL RECORD — Extensions of Remarks E1169 TRIBUTE TO D. MAE JOHNSON, W. Corps Commission Community at Large Revi- nity for the last twenty-five years. After nine- RAY JOHNSON, MYSER JAMES talization Board, Southwest Edison Planning teen years of exceptional leadership and serv- KEELS, PASTOR CHESTER RIG- Committee, Fresno Neighborhood Alliance, as ice, Bob has announced that he is stepping GINS, AND JAMES E. WALTON a deacon for St. Joseph's Baptist Church, down as President of the San Mateo County president of the Black Political Council, presi- Labor Council. HON. GEORGE RADANOVICH dent of the Coalition for Cooperative Develop- Throughout his career bob has dedicated OF CALIFORNIA ment & Community Development Corporation, himself to improving the living and working IN THE HOUSE OF REPRESENTATIVES treasurer of King of Kings Center Board of Di- conditions for families in San Mateo County and the airline industry nationwide. He is a Tuesday, June 8, 1999 rectors, vice chairperson of Westside Fellow- ship and board member of Central California former United Airlines mechanic and a mem- Mr. RADANOVICH. Mr. Speaker, I rise Legal Services. Honors and awards have ber of the International Association of Machin- today to pay tribute to D. Mae Johnson, W. come from these entities and many more in- ists, Local Lodge 1781. He is currently the Ray Johnson, Myser James Keels, Pastor cluding a special Certificate of Appreciation for ground safety coordinator at San Francisco Chester Riggins, and James E. Walton, Ph.D., 11 years of assisting alcoholics in their recov- International Airport. for being selected the 1999 Portraits of Suc- ery. During his tenure as President he helped cess program Honorees by KSEE 24 and Pastor Chester Riggins has served the St. establish, build and chair the San Francisco Companies that Care. In celebration of Afri- Rest Missionary Baptist Church since 1950 as Airport Labor Coalition and its predecessor, can-American History Month, these five lead- a Sunday School teacher, Baptist training the Airport Health and Safety Coalition. He ers were honored for their unique contributions union instructor, church clerk, financial sec- has also served on the advisory boards of the to the betterment of their community. retary, deacon, chairman of the Deacon Board California Occupational Safety Coalition and D. Mae Johnson was a teacher in Fresno and chairman of the Church Pulpit Committee. Health Administration, and the Labor Occupa- and Oakland for twenty years; during this time For many years he was a mail carrier for the tional Health program at the University of Cali- she also obtained a master's degree in both Postal Services, but resigned in 1979 to serve fornia, Berkeley. Counseling and Guidance from California the church full time. Pastor Riggins' activities Over the last twelve years bob has worked State University, Fresno (CSUF) and Adminis- outside the church have included being the with labor and community leaders to bring af- tration from Pepperdine University. For the temporary chairman for organizing the Fresno fordable, high-quality, around-the-clock past 20 years she has been executive director Model Cities Program, member and officer of childcare to families who work non-traditional of Quality Group Homes one of the Central the West Fresno Interdenominational Min- hours. He has also served on the Board of Di- Valley's largest providers of residential treat- isters' Alliance, charter member of the Fresno rectors of PALCARE, San Mateo County's ment care for adolescents and children. Mrs. Police Program, member of the Concerned community-based childcare center since its Johnson is involved with many professional, Citizens for Quality Education, secretary-treas- opening in 1993. church and community organizations, including urer of the Home Mission Board of the Cali- Mr. Speaker, Robert D. Anderson, Jr. is an being a lifetime member of the NAACP. In fornia State Convention and 1st Vice Moder- outstanding individual, a respected labor and 1997, she helped found the Fresno chapter of ator Emeritus of the St. John Missionary Bap- community leader, and a valued friend. I sa- Links Inc., a nonprofit humanitarian organiza- tist Association. lute him for his remarkable contributions and tion that provides support services to enrich Dr. James E. Walton, Ph.D., has been commitment to our community and I ask my the quality of life through cultural, civic and teaching since 1967 and has been a professor colleagues to join me in honoring him upon his educational activities. Inspired by her niece's of English at CSUF since 1990. He previously retirement as President of the San Meteo long struggle with Sickle Cell Disease, she taught at Mt. Union College for 20 years and Central Labor Council. worked with Fresno Links and St. Agnes Hos- was an exchange professor in Osaka, Japan f pital, to bring to Fresno, the only Sickle Cell in 1988. Dr. Walton served as a member of Anemia program in the Valley. Search Committees at CSUF for the Dean of HONORING NAVAL COMMANDER W. Ray Johnson has been a dedicated pub- Education, Human Relations Director and vice KENT ROMINGER lic servant for three decades. He is the Direc- president and has been a member of the tor of Community Resources for the City of Committee on Academic Policies and the HON. SCOTT McINNIS Fresno. He reports to the City Manager, and Committee on Faculty and Strategic Planning. OF COLORADO works closely with the Mayor and City Council Apart from the university, he has served as Li- IN THE HOUSE OF REPRESENTATIVES members. He was formerly the Fresno Deputy brary Trustee, on the Fair Housing Board, and Tuesday, June 8, 1999 City Manager and Director of Human Re- as a Board Member of the American Red sources. One of his proudest accomplish- Cross, Junior League, and the NAACP. Mr. MCINNIS. Mr. Speaker, I would like to ments was his role in establishing a facility for Mr. Speaker, it is with great honor that I pay take a moment to recognize the career of one the African-American Museum for which he tribute to D. Mae Johnson, W. Ray Johnson, of Del Norte, Colorado's natives who has has helped to secure almost half-a-million dol- Myser James Keels, Pastor Chester Riggins shown great character and motivation, Naval lars in funding over the years. He is currently and Dr. James E. Walton, Ph.D. for being rec- Commander Kent Rominger. In doing so, I instrumental in setting up the African-American ognized as the KSEE 24 Companies that Care would like to honor this individual who has il- Multi-Service Center as a one-stop facility to 1999 African-American Portraits of Success lustrated the notion of duty and service for work with youth and gang members. Mr. John- honorees. I applaud the contributions, ideas, Colorado and the Navy alike. son has served on many boards and commis- and leadership they have exhibited in our Kent Rominger has been flying for the Navy sions, including two terms as vice president of community. I ask my colleagues to join me in since 1978, when he earned his degree in civil the NAACP. His many awards include State of wishing these fine people many more years of engineering from Colorado State University. California Black Women Organized for Political success. As a Naval officer, Rominger flew in Operation Action, Man of the Year award, United Black f Desert Storm. In 1992, Officer Rominger was Men Community Service award, California selected to join the astronaut program. Since State Assembly Civic Involvement award, and TRIBUTE TO ROBERT D. his start in the astronaut program. Com- the California State Senate Outstanding Com- ANDERSON, JR. mander Rominger has piloted three previous munity Contribution award. space missions, one of those being in the Myser James Keels has long given himself HON. ANNA G. ESHOO space shuttle Discovery. to benefit the Fresno community. For 27 OF CALIFORNIA On May 27, 1999, Kent Rominger returned years, he was a groundsman with the Fresno IN THE HOUSE OF REPRESENTATIVES to the space shuttle Discovery and guided six County Parks and Recreation Department until astronauts into orbit. As commander, has retirement in 1995. Along with park up- Tuesday, June 8, 1999 Rominger oversaw all aspects of the mission keep and worker supervision, he also provided Ms. ESHOO. Mr. Speaker, I rise today to and the crew. This is a great honor for supervision of adult and youth offender pro- honor Robert D. Anderson, Jr., an extraor- Rominger to command a space shuttle that he grams. He gave ten years to the County of dinary citizen of San Mateo County, California, once piloted into space. Fresno Social Security Board, eight to the who will be honored by the San Mateo Central Kent Rominger is an outstanding citizen of County Human Services Advisory Board, and Labor Council on Saturday, June 12, 1999. Colorado who's accomplishments will be long two to the Equal Opportunities Commission. Robert D. Anderson, Jr. has been a leader remembered and admired. Selfless service Mr. Keels also served on the Conservation in both the labor movement and his commu- and dedication makes Commander Rominger E1170 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1999 a valued and respected man. His achievement residents and is not adverse to taking risks for Mr. Speaker, SCBH participants are people are a great service to us all, and for that we potential rewards. Further, it recognizes and who are personally committed and who dedi- owe him a debt of gratitude. values the unique importance of innovative ap- cate their time, talent and knowledge to influ- f proaches in responding to health issues that ence the organizations they represent to sup- disproportionately impact ethnic communities. port the Coalition's mission. I commend them IN RECOGNITION OF THE SOLANO SCBH has initiated such unique programs for their outstanding contributions to the com- COALITION FOR BETTER HEALTH as: munity. (1) the Partnership HealthPlan of California, HON. MIKE THOMPSON a public/private organization designed to pro- f OF CALIFORNIA vide a cost-effective method of health care de- IN THE HOUSE OF REPRESENTATIVES livery to Medi-Cal recipients in Solano County, HONORING THE ACHIEVEMENT OF Tuesday, June 8, 1999 which has now expanded to include Napa REBECCA KREPICK Mr. THOMPSON of California. Mr. Speaker, County (2) Healthier Solano Communities, an initia- I am pleased today to recognize the Solano tive that promotes wellness in each of Solano HON. GENE GREEN Coalition for Better Health (SCBH), which is celebrating its 10th Anniversary year. On June County's seven cities by creating or supporting OF TEXAS a team in each city to look at issues in each 5, SCBH kicked off its 10th Anniversary Cele- IN THE HOUSE OF REPRESENTATIVES bration by hosting an Enrollment Day for the city that impact health and wellness; identify Solano Kids Insurance Program (SKIP), in an one or more issues in each city that can be Tuesday, June 8, 1999 effort to promote free or low cost health insur- addressed; and, develop partnerships and plans to address those issues. Mr. GREEN of Texas. Mr. Speaker, I rise ance options for Solano County children, and today to honor the achievement of Rebecca it's fitting that we honor SCBH at this time for (3) the Community Services Task Force, which includes volunteers who are service Krepick. On May 29, 1999, Rebecca grad- its many contributions to the community. uated from Klein High School. I ask my col- SCBH is a nonprofit organization of health providers from public, private, County non- leagues in the House of Representatives join care administrators, government officials, local profit, and community based organizations, me in congratulating her and her family. physicians, representatives from the business and advocates for health and human services and educational communities, and neighbor- that are culturally, linguistically, geographically, Although this achievement deserves rec- hood advocates. Its focus is to improve the physically, and financially accessible to all ognition in and of itself, Rebecca accom- health and quality of life in Solano County by residents of Solano County. plished much more. When she was in second sharing resources through effective partner- (4) Solano Health Improvement Initiative grade, the Anthony Robinson Foundation of- ships. It is a nationally recognized model of (SHII), which addresses the most critical indi- fered 600 students a $20,000 scholarship if public and private partnerships, creating sys- cators of health in the community, and has ex- they maintained a B+ average, participated in tem changes in the provision of care and serv- panded countywide efforts to pursue strategies community service, and were a model student ices to promote and improve the health and that address three initial goals: for 10 years. On the day of graduation, less safety of the people and their communities. 1. All children will be healthy and ready to than thirty of these students completed the SCBH works in a collaborative fashion and learn when they enter school. program. Rebecca's achievement should be places high value on efforts that benefit the 2. Comprehensive prevention, early detec- recognized and commended. tion, and support services will be developed community, neighborhoods and people of So- Rebecca and her fellow scholarship recipi- for individuals living with cancer in Solano lano County, and meets the interests and ents are examples of what is right with public needs of individuals and specific constitu- County. 3. People with diabetes or at risk of diabe- education. They should be held up as role encies within the community. models for other students everywhere to emu- SCBH recognizes and values diverse com- tes will live well and independently in the com- late. munities, neighborhoods and people within munity. Solano County and encourages their participa- In recognition of the SHII's outstanding can- Rebecca plans to use the scholarship at the tion in improving the health of all county resi- cer community outreach efforts, the U.S. Post- University of Houston, one of the finest univer- dents, through a multi-lingual network of al Service presented the first Prostate Cancer sities in our nation. Rebecca's parents, Mr. health and social services providers, reflective Awareness Stamp Dedication in California on and Mrs. George Barbosa, family, friends and of the population of Solano County in gender, June 5th at the SCBH's 10th Anniversary cele- community are very proud of her. We wish her sexual orientation, culture, ethnicity, and dis- bration. well in her future education pursuits. Mr. ability. (5) SKIP which provides outreach efforts to Speaker, I ask that all Members join me in SCBH is innovative in its approach to ad- enroll children in free or low cost health insur- congratulating Rebecca Krepick for her out- dressing the health needs of Solano County ance options in Solano County. standing achievement Tuesday, June 8, 1999 Daily Digest

HIGHLIGHTS Senate passed Department of Defense Appropriations, 2000 bill. House Committee ordered reported the Transportation appropriations for fiscal year 2000. House passed H.R. 1906, Agriculture appropriations. Senate tion, Defense-Wide to reflect the transfer of the Chamber Action Joint Warfighting Experimentation Program. Routine Proceedings, pages S6645–S6728 Page S6647 Measures Introduced: One bill was introduced, as Stevens Amendment No. 544, to provide funding follows: S. 1188. Page S6710 for the American Red Cross Armed Forces Emer- Measures Reported: Reports were made as follows: gency Services program. Page S6647 S. 323, to redesignate the Black Canyon of the Stevens Amendment No. 545, to provide funding Gunnison National Monument as a national park for U–2 cockpit modifications. Page S6647 and establish the Gunnison Gorge National Con- Stevens (for Inhofe) Amendment No. 552, to di- servation Area, with an amendment in the nature of rect the Department of the Army to conduct a live a substitute. (S. Rept. No. 106–69) fire, side-by-side operational test of the air-to-air S. 1009, to authorize appropriations for fiscal year Starstreak and air-to-air Stinger missiles from the 2000 for intelligence and intelligence-related activi- AH–64D Longbow helicopter. Pages S6651±52 ties of the United States Government, the Commu- Stevens (for Mack) Amendment No. 553, to au- nity Management Account, and the Central Intel- thorize use of $6,000,000 of Air Force Research, De- ligence Agency Retirement and Disability System. velopment, Test, and Evaluation funds (in PE Page S6710 604604F) for the 3–D advanced track acquisition Department of Defense Appropriations, 2000: and imaging system. Pages S6651±52 By 93 yeas to 4 nays (Vote No. 158), Senate passed Stevens (for Mack) Amendment No. 554, to au- S. 1122, making appropriations for the Department thorize use of $3,000,000 of Navy Research, Devel- of Defense for the fiscal year ending September 30, opment, Test, and Evaluation funds for electronic 2000, after taking action on the following amend- propulsion systems. Pages S6651±52 ments proposed thereto: Pages S6645±92 Stevens (for Mack) Amendment No. 555, to au- Adopted: thorize use of $5,000,000 of Defense Drug Interdic- By a unanimous vote of 93 yeas (Vote No. 155), tion and Counter-Drug Activities funds for a ground Stevens (for Grassley) Amendment No. 540, to re- processing station to support a tropical remote sens- duce to $500,000 the threshold amount for the ap- ing radar. Pages S6651±52 plicability of the requirement for advance matching Stevens (for Burns) Amendment No. 556, to pro- of Department of Defense disbursements to par- vide additional funding for Army research and devel- ticular obligations. Pages S6645±47 opment to reduce pollution associated with indus- Stevens Amendment No. 542, to provide funds trial manufacturing waste systems. Pages S6651±52 for Army research, development, test and evaluation Stevens (for McConnell) Amendment No. 557, to programs. Page S6647 correct the allocation of Navy operation and mainte- Stevens Amendment No. 543, to reduce funds nance funds between two naval gun depot overhaul under the heading Research, Development, Test, and programs. Pages S6651±52 Evaluation, Navy, and to increase funds under the Stevens Amendment No. 558, to provide addi- heading Research, Development, Test, and Evalua- tional funding for prototyping and testing of a water D623 D624 CONGRESSIONAL RECORD — DAILY DIGEST June 8, 1999 distributor for the Army Pallet-Loading System En- ration of the training program, the United States gineer Mission Module System. Pages S6651±52 forces and the foreign security forces involved in the Stevens (for Bennett) Amendment No. 559, to training program, and the information relating to designate funds for Air Force alternative missile en- human rights violations that necessitates the waiver. gine source development. Pages S6651±52 Pages S6651±53 Stevens (for Hollings) Amendment No. 560, to Stevens (for Shelby) Amendment No. 572, to pro- set aside $3,000,000 of Army Research, Develop- vide from within the funds for the Defense Acquisi- ment, Test, and Evaluation funds for the National tion University, up to $5,000,000 may be spent on Defense Center for Environmental Excellence Pollu- a pilot program using state-of-the-art training tech- tion Prevention Initiative. Pages S6651±52 nology that would train the acquisition workforce in Stevens (for Reid) Amendment No. 561, to pro- a simulated government procurement environment. vide funds for a hot gas decontamination facility. Pages S6651±53 Pages S6651±52 Stevens (for Inouye) Amendment No. 573, to pro- Stevens (for Lieberman) Amendment No. 562, to vide that during the current fiscal year, under regu- provide funds for the establishment of a Department lations prescribed by the Secretary of Defense, the of Defense Center for Medical Informatics. Center of Excellence for Disaster Management and Pages S6651±52 Humanitarian Assistance may also pay, or authorize Stevens (for Reid) Amendment No. 563, to in- payment for, the expenses of providing or facilitating crease funds for the Marine Corps K–Band Test Ob- education and training for appropriate military and scuration Pairing System. Pages S6651±52 civilian personnel of foreign countries in disaster Stevens (for Kerrey) Amendment No. 564, to management and humanitarian assistance. make available certain funds to continue and expand Pages S6651±53 on-going work in recombinant vaccine research Stevens (for Santorum) Amendment No. 592, to against biological warfare agents. Pages S6651±52 set aside $4,000,000 for the Manufacturing Tech- Stevens (for Lautenberg) Amendment No. 565, to nology Assistance Pilot Program. Pages S6658±59 require conveyance of certain Army firefighting Stevens (for Helms) Amendment No. 593, to set equipment at Military Ocean Terminal, New Jersey. aside $5,000,000 of Army Research, Development, Pages S6651±53 Test, and Evaluation funds for visual display per- Stevens (for Biden) Amendment No. 566, to pro- formance and visual display environmental research vide $3,000,000 (in PE 62234N) for the Navy for and development. Pages S6658±59 basic research on advanced composite materials proc- Stevens (for Byrd) Amendment No. 594, to in- essing (specifically, resin transfer molding, vacuum- crease by $10,000,000 the amount provided for the assisted resin transfer molding, and co-infusion resin Army for other procurement for an immediate assess- transfer molding). Pages S6651±53 ment of biometrics sensors and templates repository Stevens (for Domenici) Amendment No. 567, to requirements, and for combining and consolidating set aside $5,000,000 of Army Research, Develop- biometrics security technology and other information ment, Test, and Evaluation funds (in PE 605604A) assurance technologies to accomplish a more focused for Information Warfare Vulnerability Analysis. and effective information assurance effort. Pages S6651±53 Pages S6658±59 Stevens (for Domenici) Amendment No. 568, to Stevens (for Byrd) Amendment No. 595, to set set aside $7,500,000 of Air Force Research, Develop- aside $10,000,000 of Operation and Maintenance, ment, Test, and Evaluation funds (in PE 603605F) Defense-Wide funds for carrying out first-year ac- for the GEO High Resolution Space Object Imaging tions of the 5-year research plan for addressing low- Program. Pages S6651±53 level exposures to chemical warfare agents. Stevens (for Wyden/Smith of Oregon) Amendment Pages S6658±59 No. 569, to set aside $4,000,000 for Army research, Stevens (for Ashcroft/Bond) Amendment No. 596, development, test, and evaluation of elastin-based ar- to express the sense of Congress commending the tificial tissues and dye targeted laser fusion tech- men and women of Whiteman Air Force Base, Mis- niques for healing internal injuries. Pages S6651±53 souri, for their ongoing contributions to Operation Stevens Amendment No. 570, to provide funds Allied Force over Yugoslavia. Pages S6658±59 for supersonic aircraft noise mitigation research and Stevens (for Smith of New Hampshire) Amend- development efforts. Pages S6651±53 ment No. 597, to provide funding for the Air Force Stevens (for Leahy) Amendment No. 571, to pro- U–2 aircraft defensive system modernization. vide for the Secretary of Defense to submit a report Pages S6658±59 to the congressional defense committees describing Stevens (for Harkin) Amendment No. 598, to set the extraordinary circumstances, the purpose and du- aside $25,185,000, the amount provided for research June 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D625 and development relating to Persian Gulf illnesses, Stevens (for Nickles) Amendment No. 551, to of which $4,000,000 is to be available for continu- prohibit the use of certain funds for reconstruction ation of research into Gulf War syndrome that in- activities in the Republic of Serbia (excluding the cludes multidisciplinary studies of fibromyalgia, province of Kosovo) as long as Slobodan Milosevic chronic fatigue syndrome and $2,000,000 is to be remains the President of the Federal Republic of available for expansion of the research program in Yugoslavia (Serbia and Montenegro). the Upper Great Plains region. Pages S6658±59 Pages S6651, S6679 Stevens (for Graham) Amendment No. 599, to set Stevens (for Gorton) Modified Amendment No. aside $17,500,000 for procurement of the F–15A/B 575, to authorize $4,000,000 of Army research, de- data link for the Air National Guard. Pages S6658±59 velopment, test, and evaluation funds (in PE Stevens (for Collins) Amendment No. 600, to in- 60481A) to be used for the Advanced Integrated crease funds for the Navy MK–43 Machine Gun Helmet System Program. Pages S6654, S6679±80 Conversion. Pages S6658±59 Stevens (for Domenici) Amendment No. 577, to Stevens (for Inouye) Amendment No. 601, to pro- provide for a report by the Office of Management vide for the development of Ford Island, Hawaii. and Budget and the Federal Communications Com- Pages S6658±59 mission to the appropriate congressional committees Inouye Amendment No. 581, to authorize the De- regarding the competitive bidding process. partment of Defense to enter into agreements with Pages S6654±55 the Veterans Administration and Federally-funded Stevens (for Domenici) Amendment No. 604, to health agencies providing services to Native Hawai- provide for a report by the Office of Management ians for the purpose of establishing a partnership and Budget and the Federal Communications Com- similar to the Alaska Federal Health Care Partner- mission to the appropriate congressional committees ship, in order to maximize Federal resources in the regarding the competitive bidding process. provision of health care services by Federally-funded Page S6680 health agencies, applying telemedicine technologies. Subsequently, adoption of Amendment No. 604 (listed above) was vitiated. Page S6692 Pages S6655±56, S6666±67 Inouye (for Bingaman) Modified Amendment No. Stevens (for Lott/Cochran) Modified Amendment 580, to express the sense of Congress regarding the No. 589, to provide $3,800,000 (in PE 0602315N) accidental civilian casualties of live ammunition test- for continued research and development on polymer ing at Vieques, Puerto Rico, and actions to prevent cased ammunition. Pages S6657, S6669 a recurrence of such a tragic accident. Stevens (for Kohl) Amendment No. 588, to au- Pages S6655, S6679±80 thorize the use of $220,000 for a study at Badger Stevens (for Shelby) Modified Amendment No. Army Ammunition Plant, Wisconsin, relating to en- 586, to provide funds for continued research and de- vironmental restoration and remediation at weapons velopment in Army Space Control Technology. and ammunition production facilities. Pages S6657, S6679±80 Pages S6657, S6669 Stevens (for Graham) Modified Amendment No. Stevens (for Voinovich) Amendment No. 591, to 590, to set aside an additional $7,300,000 for space provide for a study of the long term solutions to the launch facilities, for a second team of personnel for removal of ordnance from the Toussaint River, Ohio. range reconfiguration to accommodate launch sched- Pages S6657±58, S6669 ules. Pages S6657, S6679±80 Stevens (for Brownback) Amendment No. 602 (to Stevens (for Lott) Amendment No. 576, to pro- Amendment No. 578), to provide for the suspension vide for a report regarding the operational planning of certain sanctions against India and Pakistan. and other preparations of the Department of Defense, Pages S6678±79 including but not limited to the U.S. Pacific Com- Stevens (for Roberts) Amendment No. 578, to ex- mand, to implement the relevant sections of the Tai- tend for a period of 3 years the Agriculture Export wan Relations Act since its enactment in 1979. Relief Act of 1998 and the India-Pakistan Relief Act Pages S6654, S6680 of 1998. Pages S6655, S6678±79 McCain Amendment No. 585, to authorize the Inouye (for Biden) Amendment No. 547, to set Secretary of Defense to waive certain domestic source aside $63,041,000 of Air Force research, develop- or content requirements in the procurement of items. ment, test, and evaluation funds for C–5 aircraft Pages S6656±57, S6680 modernization. Pages S6648, S6679 Stevens (for Hutchison) Amendment No. 574, to Stevens (for Biden) Amendment No. 603 (to authorize a project at Brooks Air Force Base, Texas, Amendment No. 547), of a clarifying nature. to evaluate methods of improving efficiency in the Page S6679 operation of military installations. Pages S6653, S6680 D626 CONGRESSIONAL RECORD — DAILY DIGEST June 8, 1999 Inouye (for Kennedy) Amendment No. 582, to Inouye (for Durbin) Amendment No. 579, relat- authorize the use of up to $35,000,000 for the retro- ing to the conveyance of the remaining Army Re- fitting and improvement of the current inventory of serve property at former Fort Sheridan, Illinois. Patriot missiles to meet current and projected threats Pages S6655, S6680±81 from cruise missiles. Pages S6656, S6680 Inouye (for Levin) Amendment No. 583, to reduce Gregg Modified Amendment No. 548, to prohibit funding for the National Missile Defense program by the use of refugee relief funds for long-term, regional $200,000,000 and to increase funding for Army development or reconstruction in Southeastern Eu- modernization programs by $200,000,000. rope. Pages S6648±49, S6654, S6680 Pages S6656, S6681 Stevens (for Bond) Amendment No. 587, to pro- A unanimous-consent agreement was reached pro- vide funds for the purchase of four (4) F–15 E air- viding that when the Senate receives the House com- craft. Pages S6657, S6681 panion bill, the Senate strike all after the enacting Stevens (for Coverdell) Amendment No. 605, to clause and insert in lieu thereof the text of S. 1122, express the sense of the Senate regarding the inves- as passed, and the House bill, as amended, be read tigation into the June 25, 1996 bombing of Khobar for a third time and passed, that the Senate insist on Towers. Page S6681 its amendment, request a conference with the House Stevens (for Domenici) Amendment No. 606, to thereon, and the Chair be authorized to appoint con- withdraw and reserve certain lands within the State ferees on the part of the Senate. Further, that upon of New Mexico for military uses. Page S6681 passage of the House companion bill, passage of S. Stevens/Domenici Amendment No. 607, to pro- 1122 be vitiated and the Senate bill be indefinitely vide for the renewal of military land withdrawals. postponed. Pages S6647±48 Page S6681 Y2K Act—Agreement: A unanimous-consent Rejected: agreement was reached providing for the cloture vote By 16 yeas to 81 nays (Vote No. 156), McCain on the motion to proceed to S. 96, to regulate com- Amendment No. 584, to reduce amounts appro- merce between and among the several States by pro- priated for unrequested, low-priority, unnecessary, viding for the orderly resolution of disputes arising and wasteful spending by $3,100,000,000. out of computer-based problems related to proc- Pages S6656, S6660±66, S6669±70 essing data that includes a 2-digit expression of that Boxer/Harkin Amendment No. 541, to provide a year’s date, scheduled for Wednesday, June 9, 1999 substitute to section 8106, requiring that not later be vitiated, and the Senate resume consideration of than March 1, 2000, the Secretary of Defense shall the bill. Page S6692 submit to Congress a report on the inventory and Satellite Copyright, Competition, and Consumer status of operational support aircraft, Commander-in- Protection Act: Senate insisted on its amendment, Chief support aircraft, and command support aircraft requested a conference with the House, and the of the Department of Defense. (By 66 yeas to 31 Chair appointed the following conferees: from the nays (Vote No. 157), Senate tabled the amendment.) Committee on the Judiciary: Senators Hatch, Thur- Pages S6647, S6670±78 mond, DeWine, Leahy, and Kohl; and from the Withdrawn: Committee on Commerce, Science, and Transpor- Byrd Amendment No. 549, to set aside tation: Senators McCain, Stevens, and Hollings. $10,000,000 of Operation and Maintenance, De- Page S6728 fense-Wide funds for carrying out first-year actions Nominations Received: Senate received the fol- of the 5-year research plan for addressing low-level lowing nominations: exposures to chemical warfare agents. Franz S. Leichter, of New York, to be a Director Pages S6649±50, S6666 of the Federal Housing Finance Board for a term ex- Byrd Amendment No. 550, to increase by piring February 27, 2006. $10,000,000 the amount provided for the Army for Douglas L. Miller, of South Dakota, to be a Direc- other procurement for an immediate assessment of tor of the Federal Housing Finance Board for a term biometrics sensors and templates repository require- expiring February 27, 2002. Page S6728 ments, and for combining and consolidating bio- Messages From the House: Page S6695 metrics security technology and other information Measures Referred: Page S6695 assurance technologies to accomplish a more focused and effective information assurance effort. Communications: Pages S6695±S6702 Pages S6649±50, S6666 Petitions: Pages S6702±10 June 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D627

Statements on Introduced Bills: Pages S6710±11 States Army, and Lieutenant General James L. Jones, Additional Cosponsors: Pages S6711±13 Jr., USMC, to be general and for appointment as Commandant of the Marine Corps, after the nomi- Amendments Submitted: Pages S6713±25 nees testified and answered questions on their own Notices of Hearings: Pages S6725±26 behalf. Gen. Shinseki was introduced by Senator Authority for Committees: Page S6726 Inouye and Lt. Gen. Jones was introduced by Senator Warner. Additional Statements: Pages S6726±28 CENTRAL AFRICAN WARS Record Votes: Four record votes were taken today. (Total—158) Pages S6646±47, S6669±70, S6678, S6692 Committee on Foreign Relations: Subcommittee on Afri- can Affairs concluded hearings to examine the Cen- Adjournment: Senate convened at 9:30 a.m., and tral African Wars and the future of United States- adjourned at 6:52 p.m., until 9:30 a.m., on Wednes- Africa policy, after receiving testimony from Susan day, June 9, 1999. (For Senate’s program, see the re- E. Rice, Assistant Secretary of State for African Af- marks of the Acting Majority Leader in today’s fairs; I. William Zartman, Johns Hopkins University Record on page S6728.) School for Advanced International Studies, and Ma- rina Ottaway, Carnegie Endowment for International Committee Meetings Peace, both of Washington, DC; and William Reno, Florida International University, Miami. (Committees not listed did not meet) DEPARTMENT OF JUSTICE BUSINESS MEETING Committee on the Judiciary: Committee concluded Committee on Armed Services: Committee ordered favor- closed oversight hearings on certain activities of the ably reported S. 1009, to authorize appropriations Department of Justice, after receiving testimony for fiscal year 2000 for intelligence and intelligence- from Janet Reno, Attorney General, Department of related activities of the United States Government, Justice. the Community Management Account, and the Cen- tral Intelligence Agency Retirement and Disability NOMINATIONS System. Committee on Veterans’ Affairs: Committee concluded hearings on the nominations of Kenneth W. Kizer, NOMINATIONS of California, to be Under Secretary of Veterans Af- Committee on Armed Services: Committee concluded fairs for Health, and John T. Hanson, of Virginia, hearings on the nominations of General Eric K. to be Assistant Secretary of Veterans Affairs for Pub- Shinseki, USA, for reappointment to the grade of lic and Intergovernmental Affairs, after the nominees general and for appointment as Chief of Staff, United testified and answered questions in their own behalf. h House of Representatives strengths for fiscal years 2000 and 2001 (H. Rept. Chamber Action 106–175). Page H3856 Bills Introduced: 78 public bills, H.R. 2005–2082; Speaker Pro Tempore: Read a letter from the and 10 resolutions, H.J. Res. 56–57, H. Con. Res. 125–128, and H. Res. 199, 201–203, were intro- Speaker wherein he designated Representative Gib- bons to act as Speaker pro tempore for today. duced. Pages H3856±59 Page H3767 Reports Filed: Reports were filed today as follows: H.R. 457, to amend title 5, United States Code, Guest Chaplain: The prayer was offered by the to increase the amount of leave time available to a guest Chaplain, Rev. Dr. Peter Kurowski of Cali- Federal employee in any year in connection with fornia, Missouri. Pages H3768±69 serving as an organ donor (H. Rept. 106–174); and Journal Vote: Agreed to the Speaker’s approval of H. Res. 200, providing for consideration of H.R. the Journal of Monday, June 7, by a yea and nay 1401, to authorize appropriations for fiscal years vote of 355 yeas to 46 nays with 1 voting ‘‘present’’, 2000 and 2001 for military activities of the Depart- Roll No. 170. Pages H3769, H3773 ment of Defense, to prescribe military personnel D628 CONGRESSIONAL RECORD — DAILY DIGEST June 8, 1999 Recess: The House recessed at 9:11 a.m. and recon- ical inducement of abortion (agreed to by a recorded vened at 10:00 a.m. Page H3768 vote of 217 ayes to 214 noes, Roll No. 173); and Member Sworn: Representative-elect David Vitter Pages H3798±H3812 presented himself in the well of the House and was The Young of Florida amendment that reduces administered the oath of office by the Speaker. funding in the bill by $102.5 million (agreed to by Page H3774 a recorded vote of 234 ayes to 195 noes, Roll No. 175). Pages H3817±19 Education Land Grant Act: The House passed Rejected: H.R. 150, to amend the Act popularly known as the The DeFazio amendment that sought to prohibit Recreation and Public Purposes Act to authorize dis- funding for the destruction of wild animals for the posal of certain public lands or national forest lands purpose of protecting livestock (rejected by a re- to local education agencies for use for elementary or corded vote of 193 ayes to 230 noes, Roll No. 172); secondary schools, including public charter schools and Pages H3789±93, H3794±95 by a yea and nay vote of 420 yeas with none voting The Chabot amendment that sought to prohibit ‘‘nay’’, Roll No. 171. Agreed to amend the title. funding for Market Access Program allocations (re- Pages H3776±79 jected by a recorded vote of 72 ayes to 355 noes, Agreed to the Committee amendment in the na- Roll No. 174). Pages H3812±17 ture of a substitute made in order by the rule. Withdrawn: Page H3779 The Nethercutt amendment was offered, but sub- H. Res. 189, the rule that provided for consider- sequently withdrawn, that sought to prohibit unilat- ation of the bill was agreed to by a voice vote. eral economic sanctions against a foreign govern- Pages H3774±76 ment, lift current sanctions as they relate to agri- Agriculture, Rural Development, FDA, and Re- culture and medical supplies, and provide for a na- lated Agencies Appropriations: The House passed tional security waiver. Pages H3795±96 H.R. 1906, making appropriations for Agriculture, H. Res. 185, the rule that provided for consider- Rural Development, Food and Drug Administration, ation of the bill was agreed to on May 25. and Related Agencies for the fiscal year ending Sep- Quorum Calls—Votes: Three yea and nay votes and tember 30, 2000 by a yea and nay vote of 246 yeas five recorded votes developed during the proceedings to 183 nays, Roll No 177. The House completed of the House today and appear on pages H3773, general debate on May 25 and considered amend- H3779, H3795, H3811–12, H3816–17, H3819, ments on May 25 and 26. Pages H3780±H3823 H3822–23, and H3823. There were no quorum By a recorded vote of 207 ayes to 220 noes, Roll calls. No. 176, rejected the Obey motion to recommit the Amendments Ordered Printed: Amendments or- bill to the Committee on Appropriations with in- dered printed pursuant to the rule appear on pages structions to report it back to the House with an H3862–66. amendment that increases amounts for FDA Salaries and Expenses by $20 million. Pages H3821±23 Adjournment: The House met at 9:00 a.m. and ad- Agreed to: journed at midnight. The Sanders amendment that provides funding for a national pilot program to promote Agri-Tourism; Committee Meetings Page H3783 COMMODITY FUTURES TRADING The Kaptur amendment that provides $7 million COMMISSION REAUTHORIZATION for the Outreach for Socially Disadvantaged Farmers Committee on Agriculture: Subcommittee on Risk Man- program; Pages H3783±84 The Meek of Florida amendment that prohibits agement, Research, and Specialty Crops continued the importation of meat or poultry food products hearings on the Commodity Futures Trading Com- unless they meet USDA health and safety standards mission Reauthorization. Testimony was heard from public witnesses. for domestic products; Pages H3788±89 The Traficant amendment that ensures compliance TRANSPORTATION APPROPRIATIONS with Buy America Act provisions and penalizes those Committee on Appropriations: Ordered reported the who fraudulently affix ‘‘Made in America’’ labels; Transportation appropriations for fiscal year 2000. Page H3789 The Coburn amendment that prohibits any funds SOCIAL SECURITY TRUST FUND to be used by the FDA for the testing, development, Committee on the Budget: Social Security Task Force or approval (including approval of production, manu- held a hearing on the Social Security Trust Fund: facturing, or distribution) of any drug for the chem- Myth and Reality. Testimony was heard from David June 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D629 Koitz, Congressional Research Service, Library of equally divided and controlled by the proponent and Congress; and a public witness. an opponent and shall not be subject to amendment KANSAS—AD VALOREM TAX REFUND (except that the chairman and ranking minority member of the Committee on Armed Services each Committee on Commerce: Subcommittee on Energy and may offer one pro forma amendment for the purpose Power held a hearing on the Kansas Ad Valorem of further debate on any pending amendment). The Tax Refund. Testimony was heard from Representa- rule waives all points of order against the amend- tive Moran of Kansas; Douglas Smith, General ments printed in the Rules Committee report and Counsel, Federal Energy Regulatory Commission, those amendments en bloc described in section 3 of Department of Energy; Carla Stovall, Attorney Gen- the resolution. The rule provides an additional pe- eral, State of Kansas; Sheila Lumpe, Chair, Public riod of general debate prior to the consideration of Service Commission, State of Missouri; and public the last five amendments in part A of the Rules witnesses. Committee report for one hour, which shall be con- MIDDLE EAST DEVELOPMENTS fined to the subject of the United States policy relat- ing to the conflict in Kosovo. The rule authorizes Committee on International Relations: Held a hearing on the chairman of the Armed Services Committee or Developments in the Middle East. Testimony was his designee to offer amendments en bloc consisting heard from Martin S. Indyk, Assistant Secretary, of amendments printed in part B of the Rules Com- Near Eastern Affairs, Department of State. mittee report or germane modifications thereto, CHILD CUSTODY PROTECTION ACT which shall be considered as read (except that modi- Committee on the Judiciary: Subcommittee on the Con- fications shall be reported), shall be debatable for 20 stitution approved for full Committee action H.R. minutes equally divided between the chairman and 1218, Child Custody Protection Act. ranking minority member of the Armed Services Committee or their designees, and shall not be sub- NATIONAL DEFENSE AUTHORIZATION ject to amendment or demand for a division of the ACT question. The rule provides that, for the purposes of Committee on Rules: Granted, by voice vote, a struc- inclusion in such amendments en bloc, an amend- tured rule on H.R. 1401, National Defense Author- ment printed in the form of a motion to strike may ization Act for Fiscal Years 2000 and 2001, pro- be modified to the form of a germane perfecting viding one hour of general debate to be equally di- amendment to the text originally proposed to be vided between the chairman and ranking minority stricken. The original proponent of an amendment member of the Committee on Armed Services. The included in such amendments en bloc may insert a rule waives all points of order against consideration statement in the Congressional Record immediately of the bill. The rule makes in order the Committee before the disposition of the en bloc amendments. on Armed Services amendment in the nature of a The rule allows the Chairman of the Committee of substitute now printed in the bill, which shall be the Whole to postpone votes during consideration of considered as read. The rule waives all points of the bill, and to reduce voting time to five minutes order against the amendment in the nature of a sub- on a postponed question if the vote follows a fifteen stitute. The rule makes in order only those amend- minute vote. The rule permits the Chairman of the ments printed in the Rules Committee report and Committee of the Whole to recognize for consider- pro forma amendments offered by the chairman and ation of any amendment printed in the report out of ranking minority member of the Committee on the order in which printed, but not sooner than one Armed Services for the purpose of debate. The rule hour after the chairman of the Armed Services Com- provides that the amendments printed in part B of mittee or a designee announces from the floor a re- the Rules Committee report may be offered en bloc. quest to that effect. The rule provides that before The rule makes in order the amendment by Rep- consideration of any other amendment it will be in resentative Cox printed in the Congressional Record order to consider the amendment printed in the on June 8, 1999. The rule provides that, except as Congressional Record on June 8, 1999, by Rep- specified in section 5 of the resolution, amendments resentative Cox, if offered by Representative Cox or will be considered only in the order specified in the his designee, which will be considered as read, de- report, may be offered only by a Member designated batable for one hour equally divided and controlled in the report, shall be considered as read, and shall by the proponent and an opponent, will not be sub- not be subject to a demand for a division of the ject to amendment, and will not be subject to a de- question. The rules provides that, except as other- mand for a division of the question in the House or wise specified in the report, each amendment printed in the Committee of the Whole, and waives all in the report shall be debatable for 10 minutes points of order against the amendment. The rule D630 CONGRESSIONAL RECORD — DAILY DIGEST June 8, 1999 provides one motion to recommit, with or without COMMITTEE MEETINGS FOR WEDNESDAY, instructions. The rule provides that after passage of JUNE 9, 1999 H.R. 1401, it shall be in order to take from the (Committee meetings are open unless otherwise indicated) Speaker’s table S. 1059 and to consider the Senate bill in the House. The rule waives all points of order Senate against the Senate bill and against its consideration. Committee on Appropriations: Subcommittee on District The rule provides that it shall be in order to move of Columbia, to hold hearings on proposed budget esti- to strike all after the enacting clause of the Senate mates for fiscal year 2000 for the government of the Dis- bill and to insert in lieu thereof the provisions of trict of Columbia, 9:30 a.m., SD–192. H.R. 1401 as passed by the House and waives all Subcommittee on Commerce, Justice, State, and the Judiciary, business meeting to mark up proposed legisla- points of order against the motion. Finally, the rule tion making appropriations for the Departments of Com- provides that House Resolution 195 is laid on the merce, Justice and State, the Judiciary, and related agen- table. cies for the fiscal year ending September 30, 1999, 2 p.m., S–146, Capitol. U.S.-CHINA TRADE RELATIONS Committee on Banking, Housing, and Urban Affairs: to Committee on Ways and Means: Subcommittee on hold hearings on issues relating to financial privacy, 10 Trade held a hearing on United States-China trade a.m., SD–538. Committee on Commerce, Science, and Transportation: to relations and the possible accession of China to the hold hearings on S. 837, to enable drivers to choose a World Trade Organization. Testimony was heard more affordable form of auto insurance that also provides from Representatives Smith of New Jersey, Frank of for more adequate and timely compensation for accident Massachusetts, Wolf, Pelosi, Rohrabacher, Dooley of victims, 9:30 a.m., SR–253. California and Blumenauer; Richard W. Fisher, Dep- Committee on Energy and Natural Resources: Subcommittee uty U.S. Trade Representative; Stanley Roth, Assist- on Water and Power, to hold oversight hearings on the ant Secretary, East Asian and Pacific Affairs, Depart- process to determine the future of the four lower Snake ment of State; and public witnesses. River dams and conduct oversight on the Northwest Power Planning Council’s Framework Process, 2 p.m., BRIEFING—ENCRYPTION ISSUES SD–366. Committee on Environment and Public Works: Sub- Permanent Select Committee on Intelligence: Met in execu- committee on Transportation and Infrastructure, to re- tive session to hold a briefing on Encryption Issues. sume hearings on the implementation of the Transpor- The Committee was briefed by Barbara McNamara, tation Equity Act for the 21st century, 9:30 a.m., Deputy Director, NSA, Department of Defense. SD–406. Committee on Finance: to hold oversight hearings to ex- FBI HANDLING—COUNTERINTELLIGENCE amine risk adjustment methodology and other implemen- MATTERS—LOS ALAMOS NATIONAL tation issues relating to Medicare+Choice, 10 a.m., SD–215. LABORATORY Committee on Foreign Relations: to hold hearings on the Permanent Select Committee on Intelligence: Met in execu- nomination of M. Michael Einik, of Virginia, to be Am- tive session to hold a hearing on FBI Handling of bassador to The Former Yugoslav Republic of Macedonia; Counterintelligence Matters at the Los Alamos Na- the nomination of Donald W. Keyser, of Virginia, for tional Laboratory. Testimony was heard from depart- Rank of Ambassador during tenure of service as Special mental witnesses. Representative of the Secretary of State for Nagorno- Karabakh and New Independent States Regional Con- flicts; the nomination of Joseph Limprecht, of Virginia, to be Ambassador to the Republic of Albania; the nomi- Joint Meetings nation of Richard L. Morningstar, of Massachusetts, to be the Representative to the European Union; the nomina- WESTERN EUROPEAN RELIGIOUS tion of Larry C. Napper, of Texas, for Rank of Ambas- FREEDOM sador during tenure of service as Coordinator of the Sup- Commission on Security and Cooperation in Europe: Com- port for East European Democracy (SEED) Program; the mittee concluded hearings to examine religious free- nomination of Donald Keith Bandler, of Pennsylvania, to dom issues in Western Europe, focusing on religious be Ambassador to the Republic of Cyprus; the nomina- tion of Thomas J. Miller, of Virginia, to be Ambassador minorities and growing government intolerance, to Bosnia and Herzegovina; and the nomination of Don- after receiving testimony from Willy Fautre, Human ald Lee Pressley, of Virginia, to be an Assistant Adminis- Rights Without Frontiers, Brussels, Belgium; Louis trator of the Agency for International Development, 10 DeMeo, Grace Church of Nimes, Nimes, France; and a.m., SD–562. Alain Garay, on behalf of the Jehovah’s Witnesses, Full Committee, to hold hearings on the nomination of Paris, France. Gwen C. Clare, of South Carolina, to be Ambassador to June 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D631 the Republic of Ecuador; the nomination of Oliver P. ministration and the Trade and Development Agency, Garza, of Texas, to be Ambassador to the Republic of 1:30 p.m., 2255 Rayburn. Nicaragua; the nomination of Frank Almaguer, of Vir- Committee on Resources, to consider the following: H.R. ginia, to be Ambassador to the Republic of Honduras; 1524, Public Forests Emergency Act of 1999; H.R. 535, the nomination of John R. Hamilton, of Virginia, to be to direct the Secretary of the Interior to make corrections Ambassador to the Republic of Peru; and the nomination to a map relating to the Coastal Barrier Resources Sys- of Prudence Bushnell, of Virginia, to be Ambassador to tem; H.R. 592, World War II Veterans Park at Great the Republic of Guatemala, 3 p.m., SD–562. Kills; H.R. 791, Star-Spangled Banner National Historic Committee on Governmental Affairs: to resume closed Trail Study Act of 1999; H.R. 1167, Tribal Self-Govern- oversight hearings on the national security methods and ance Amendments of 1999; H.R. 1243, National Marine processes relating to the Wen-Ho Lee espionage inves- Sanctuaries Enhancement Act of 1999; H.R. 1431, Coast- tigation, 10 a.m., S–407, Capitol. al Barrier Resources Reauthorization Act of 1999; H.R. Committee on Indian Affairs: to hold oversight hearings 1533, Wyandotte Tribe Settlement Act; H.R. 1552, Ma- on internet gambling, 9:30 a.m., SR–485. rine Research and Related Environmental Research and Select Committee on Intelligence: to hold hearings on issues Development Programs Authorization of 1999; H.R. relating to the Department of Energy reorganization, 2 1651, Fishermen’s Protective Act Amendments of 1999; p.m., SH–216. H.R. 1652, Yukon River Salmon Act of 1999; H.R. Committee on Small Business: business meeting to mark 1653, to approve a governing international fishery agree- up S. 918, to authorize the Small Business Administra- tion to provide financial and business development assist- ment between the United States and the Russian Federa- ance to military reservists’ small business, 9:30 a.m., tion; and a motion to authorize and issue subpoenas for SR–428A. oversight, investigative, and legislative activities in con- nection with (1) payments made by the Project on Gov- House ernment Oversight to federal employees or former federal Committee on Agriculture, hearing to review economic employees of the Department of the Interior and the De- sanctions and the effect on U.S. agriculture, 10 a.m., partment of Energy, (2) policies and practices of such De- 1300 Longworth. partments with respect to any outside payments to em- Committee on Commerce, Subcommittee on Telecommuni- ployees of such departments, and (3) other events and cations, Trade, and Consumer Protection, hearing on matters related to the Committee review of these and re- H.R. 1714, Electronic Signatures in Global and National lated matters that was initiated on May 25, 1999, 11 Commerce Act, 10 a.m., 2123 Rayburn. a.m., 1100 Longworth. Committee on Education and the Workforce, Subcommittee Committee on Science, Subcommittee on Basic Research, on Early Childhood, Youth, and Families, hearing on hearing on the U.S. Antarctic Research Program, 3 p.m., Academic Accountability, 10:30 a.m., 2175 Rayburn. 2318 Rayburn. Committee on Government Reform, Subcommittee on Cen- Committee on Small Business, hearing on Fair and Simple sus, hearing on Oversight of the 2000 Census: Examining Tax Relief for Small Business, reviewing the Small Em- the Bureau’s Policy to Count Prisoners, Military Per- ployer Tax Relief Act of 1999 (SETRA), 10 a.m., 2360 sonnel, and Americans Residing Overseas, 10 a.m., 2247 Rayburn. Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Government Management, Informa- committee on Aviation, hearing on preservation and pro- tion, and Technology, hearing on Geographical Informa- motion of General Aviation Airports, 10 a.m., 2167 Ray- tion Systems Policies and Programs, 1 p.m., 2154 Ray- burn. burn. Subcommittee on Oversight, Investigations, and Emer- Subcommittee on National Security, Veterans Affairs, gency Management, hearing on Preparedness Against Ter- and International Relations, hearing on Outreach to Vet- rorist Attacks, 2 p.m., 2253 Rayburn. erans at Risk for Hepatitis C Infection, 10 a.m., 2203 Committee on Veterans’ Affairs, Subcommittee on Health, Rayburn. to mark up the Veterans’ Millennium Health Care Act, Committee on International Relations, hearing on Assisting 10 a.m., 334 Cannon. Russia: What Have We Achieved After Seven Years? 10 Committee on Ways and Means, hearing on proposals to a.m., 2172 Rayburn. strengthen Social Security, 10 a.m., 1100 Longworth. Subcommittee on International Economic Policy and Permanent Select Committee on Intelligence, hearing on Trade, hearing on Evaluating the International Trade Ad- Encryption legislation, 1 p.m., 2212 Rayburn. D632 CONGRESSIONAL RECORD — DAILY DIGEST June 8, 1999

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

Senate Chamber House Chamber Program for Wednesday: After the recognition of three Program for Wednesday: Consideration of H.R. 1401, Senators for speeches and the transaction of any morning Defense Authorization Act (structured rule, one hour of business (not to extend beyond 11 a.m.), Senate will general debate). begin consideration of S. 96, Y2K Act.

Extensions of Remarks, as inserted in this issue

HOUSE McInnis, Scott, Colo., E1162, E1163, E1165, E1167, Skelton, Ike, Mo., E1168 E1169 Smith, Christopher H., N.J., E1159 Cunningham, Randy ‘‘Duke’’, Calif., E1161, E1165 Radanovich, George, Calif., E1165, E1169 Stark, Fortney Pete, Calif., E1159, E1162, E1163, E1166 Eshoo, Anna G., Calif., E1169 Rogan, James E., Calif., E1163, E1165, E1167 Thomas, William M., Calif., E1168 Gillmor, Paul E., Ohio, E1161, E1162, E1164, E1167 Romero-Barcelo´ , Carlos A., Puerto Rico, E1168 Thompson, Mike, Calif., E1170 Green, Gene, Tex., E1170 Ryan, Paul, Wisc., E1162, E1163, E1164 Hulshof, Kenny C., Mo., E1168 Sherman, Brad, Calif., E1161, E1163, E1164

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