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

Vol. 142 WASHINGTON, SATURDAY, SEPTEMBER 28, 1996 No. 137—Part II House of Representatives

OMNIBUS PARKS AND PUBLIC since 1978. In addition to provisions for package of bills was finally freed in LANDS MANAGEMENT ACT OF 1996 protection of some of the most impor- that body and attached to a Presidio Mr. YOUNG of Alaska. Mr. Speaker, I tant natural landmarks, historic places bill we sent them, we made a conscious move to suspend the rules and pass the and landscapes in the country, it in- decision to try to place many of the bill (H.R. 4236) to provide for the ad- cludes a landmark bipartisan effort led bills stuck over there in this package. ministration of certain Presidio prop- by Representative BILL BAKER to pro- They followed suit. erties at minimal cost to the Federal tect the California Bay-Delta, a prior- ity for both sides of the aisle. This As a result, many items were consid- taxpayer, and for other purposes, as ered through this process, and some re- amended. package is chock full of solutions to The Clerk read as follows: local problems which have been main while others were dropped. I be- [The bill was not available for print- brought to the attention of the com- lieve we have achieved a package ing. It will appear in a future issue of mittee by individual Members of the which will benefit many Members, the RECORD.] House or the other body. States and people throughout the Na- The SPEAKER pro tempore. Pursu- Before a brief outline of the bills’ tion. many fine points, I am compelled to ant to the rule, the gentleman from Mr. Speaker, I will also say I have give a short history of how we arrived Alaska [Mr. YOUNG] and the gentleman Members that have been disappointed, from California [Mr. MILLER] each will at such a massive package at this point in the session. Frankly, it was a few such as myself, because I think this ad- control 20 minutes. ministration deals with a forked The Chair recognizes the gentleman Members of the other body’s fault. tongue. Every time we reach an agree- from Alaska [Mr. YOUNG]. Though the Resource Committee has (Mr. YOUNG of Alaska asked and was sent scores of individual bills to the ment, they would move the goalposts. I given permission to revise and extend Senate, holds by certain Members on am not sure, maybe my good friend, his remarks.) these measures stopped the Committee the gentleman from California [Mr. Mr. YOUNG of Alaska. Mr. Speaker, on Energy and Natural Resources from MILLER], knows we reached an agree- thank you for the chance to bring to moving individual or even small groups ment, and already the White House has the floor the biggest and most impor- of bills for months. This hostage tak- tried to undo it. Already there are tant parks and public lands package ing became so bad that when a large phone calls being made from the White

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

H12023 H12024 CONGRESSIONAL RECORD — HOUSE September 28, 1996 House to individual Members saying sure its passage at this late hour, and speaks the environment; speaks to ‘‘Oh, this has to be changed,’’ after largely in response to concerns ex- everything that is best in this House. they signed off. That is not the way we pressed by the Clinton White House, And in this, undoubtedly my final mo- should be doing business in this body. the minority and other Members. That ments of speaking on the floor after A few highlights are in order: As I is a shame, because many of these pro- more years than I would care to re- mentioned before, this bill has the visions were real but we intend to flect, I extend a warm personal thank monumental authorization for the en- bring them back as soon as possible you to DON YOUNG of Alaska, GEORGE vironmental enhancement of the San next year and fix them. I urge Members MILLER of California, JIM HANSEN of Francisco Bay-Delta introduced by to support the bill. Utah, RALPH REGULA of Ohio, and Congressman BILL BAKER. Now, Mr. Speaker, I would suggest to SHERWOOD BOEHLERT of New York. In addition, it creates new units at all of you to understand one thing. We Many, many others have worked on Tallgrass Prairie National Preserve in are going to vote on this legislation. I this bill, so many others for so many Kansas; Nicodemus National Historic hope I do not see the fingerprints of the years. This is this institution at its site in Kansas; New Bedford National administration. Then it goes over to nonpartisan best, and Members ought Historic Park in Massachusetts and the other body to act on this legisla- to be very, very proud of what we do Boston Harbor Islands in Massachu- tion, and it is probably the only chance now. setts. we have. There is a slight chance that Mr. Speaker, it is with that real It also protects important Historic we may have the conference up yet be- pride that I do something which many Sites like Manzanar National Historic fore this session is over, if we do not of us find very hard to do which is sit Site in California and Independence get out of here tonight, and God help down. Hall in Philadelphia through boundary us, I hope we get out of here tonight. Mr. MILLER of California. Mr. adjustments. It celebrates the Selma to The Congress has been told that this Speaker, I yield 1 minute to the gen- Montgomery civil rights march trail will be vetoed by this administration. I tleman from Colorado [Mr. SKAGGS]. and reauthorizes the National Council do not think they will veto this. If they on Historic Preservation. do, they are being very, very foolish. Mr. SKAGGS. Mr. Speaker, I am very It provides for the protection of Ster- Mr. Speaker, I want to compliment glad that we are again acting to pro- ling Forest to protect the watershed the staffs that were working on this tect an extraordinary stretch of wild for New Jersey and New York. very hard. I want to say this to the mi- lands in Colorado, the North St. Vrain It finalizes a creative approach to the nority and majority side: I think we Creek watershed, extending from its management and funding for the new have worked out something that every headwaters in the Rocky Mountain Na- Presido Park in San Francisco; it pro- Member will have some responsibilities tional Park into the national forests tects rivers, from the Columbia in for and can take home and say we have area west of Longmont in the moun- Washington to the Lamprey in New done our job. tains. Hampshire; it helps out Olympic effort Mr. Speaker, I reserve the balance of Mr. Speaker, I appreciate the work of in the 2002 Olympics in Utah with its my time. the gentleman from Alaska and of the solution to the Snowbasin facility Mr. MILLER of California. Mr. many others who have gone through problems; it also resolves long standing Speaker, I yield 2 minutes to the gen- one of the more extraordinary dances necessary administrative reforms in tleman from Massachusetts [Mr. of parliamentary maneuvering in get- the National Park Service; and it also STUDDS]. ting this package put together in the solves many, many longstanding local (Mr. STUDDS asked and was given last minutes of this Congress. I am de- problems, from helping the children of permission to revise and extend his re- lighted that we are now going to be the Alpine School District in J.D. marks.) able to protect this area, not just for HAYWORTH’s district with a land grant Mr. STUDDS. Mr. Speaker, I mostly Coloradans on the Front Range, but all in Arizona, to solving a problem in would like to thank a number of my Americans. Congresswoman SEASTRAND’s district colleagues: the gentleman from Cali- Mr. Speaker, I submit the following fornia [Mr. MILLER], the gentleman by rounding out the Channel Islands for the RECORD. from Alaska [Mr. YOUNG], the gen- National Park. Mr. Speaker, I'm very glad that we are tleman from Ohio [Mr. REGULA], the While I am pleased we have the bill again acting to approve legislation that in- gentleman from Utah [Mr. HANSEN], before us, let me say that just as im- cludes provisions to protect North St. Vrain portant as the things in the bill, are and many, many others. Creek, the largest remaining roadless canyon the things which are not in the bill. For those who think that the only along Colorado's Front Range. Many of our Members, including my- true reflection of this House is some of The effect will be to prevent construction of self, would have liked to have more in the partisan fire that preceded this de- new dams on North St. Vrain creek as it flows the bill, but we have deleted many pro- bate a few moments ago, I would ask visions, based upon Administration and them to reflect on what is transpiring through Rocky Mountain National Park and Member objections. This includes a now. This is the House at its best. This the Roosevelt National Forest, and will clarify grazing provision very important to is substantive, nonpartisan legislating public land ownership along the creek. Both of family ranchers and the Representa- about things that matter, where people these provisions are based on freestanding tives in the public land west and a pro- who have been colleagues and friends legislation that I introduced last year, and I ap- vision to save over 1,000 jobs in my dis- for many, many years come together to preciate the inclusion of the North St. Vrain trict in Alaska in the timber industry. do things that we are all here to do. Protection Act in this bill. Mr. Speaker, this is late in the ses- The gentleman from Alaska [Mr. North St. Vrain Creek, fed by countless rivu- sion. I hope though Members will un- YOUNG], I know what he meant when he lets and wild tributaries, is the primary stream derstand, each and every one of the said there are so many Republican flowing from the southeastern portion of Rocky them, we will be back. As long as I am projects and so many Democrat Mountain National Park. From its beginnings chairman, and I believe that will hap- projects in this bill. What he meant, I at the continental divide, in snowfields near pen, we will again address those issues know, is that this has been approached Long's peak, it courses through waterfalls and we were unable to obtain in this legis- in an utterly bipartisan fashion. I do cascades in the Wild Basin area of the park. lation, and it will happen very early in not know a project in this bill that can After leaving the park, the creek cuts a nar- the session. We hope we will be able to be characterized frankly as a Repub- row, deep canyon until it reaches the Ralph urge our Senators to act with a little lican or Democrat project. I know the Price Reservoir. more responsibility. many projects in Alaska. I know the The watershed includes habitat for bighorn Again, may I suggest there are over Boston Harbor islands in my own State sheep, deer, elk, and mountain lions; for per- 43 Republican projects in the bill and to which the gentleman referred. There egrine falcons, owls, hawks and songbirds; for there are over 54 Democrat projects in are 31 islands there, and so far as I native fish, insects, and other small creatures; this bill, and if that is not a bipartisan know none of them has a partisan reg- and for a dazzling diversity of aquatic, riparian, effort, I do not know what is. istration affiliated with it. and mountain plants. It provides popular hik- Mr. Speaker, many good provisions What we do here speaks to history, ing, fishing, and hunting terrain relatively near have been dropped from this bill to en- speaks to culture, speaks to aesthetics to some of Colorado's larger cities. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12025 The stream, surrounded by a thousand protecting the North St. Vrain, but also be- won the day going down this great, glo- shades of greenery cooled by the mist of tum- cause of my firm conviction that the hundreds rious and probably the best in the bling water, provides a profound sense of re- of Coloradans who have worked toward that world downhill that we have got in the freshment, of inspiration, and of wonder. This goal have crafted a sound, effective consen- 2002 winter games, another piece of joining of land and water is exceptional, even sus measure. Its provisions are good, clear, good legislation that is in this particu- for ColoradoÐwhich is no small distinction. and straightforward, and they have the strong lar package. The North St. Vrain should be kept free of support of the people in the area. I urge the b 1800 additional dams and impoundments. To that House to approve this bill, so that, with its en- end, my bill's provisions, now included in this actment into law, the wonder of North St. There are just countless pieces of bill, incorporate the recommendations of a citi- Vrain Creek will be protected for all time. things that many Members are inter- zens' advisory committee, which I appointed in Mr. YOUNG of Alaska. Mr. Speaker, I ested in. I am a little concerned about conjunction with the Boulder County Commis- yield 5 minutes to the gentleman from some of the phone calls many of us are sioners. That committee spent over 5 years Utah [Mr. HANSEN]. getting regarding what we colloquially developing a consensus proposal on how to (Mr. HANSEN asked and was given refer to as heritage areas. In most of protect the creek and canyon while protecting permission to revise and extend his thee heritage areas this language is in local property and water rights. remarks.) there. Thus, these provisions represent a great Mr. HANSEN. Mr. Speaker, I am I hope the folks from the West who deal of work by ColoradansÐespecially the 50 grateful to the chairman of the full are concerned are listening to this. No people who took part in 103 advisory commit- committee for yielding to me. I provision of this title shall be con- tee meetings and performed over 300 hours of appreciate the kind words of the gen- strued to impose any environmental, independent research. Another 600 people at- tleman from Massachusetts, who has occupational safety or other rule, regu- tended 12 public hearings on the proposal. been a gentleman to deal with on the lation standards or permit process that I've never known such a dedicated and con- committee. is differential from those that would be scientious group of public servants as the un- Mr. Speaker, I would like to point applicable had a national heritage area paid members of this North St. Vrain Advisory out that I do not know if Members of not been established. Committee. They know the creek and its envi- this House realize how many hundreds So these great concerns of somebody rons as thoroughly as any group of citizens and hundreds of hours have gone into swooping in and immediately taking anywhere knows a particular area in the Unit- this. In the committee that I chair, the over their ground is not really going to ed States. Subcommittee on National Parks, For- happen. I hope my good friends from The advisory committee reached four prin- ests and Lands, we have looked at over that area totally understand that. cipal conclusions: 100 pieces of legislation. We have held We have boundary adjustments in First, that the North St. Vrain Creek is de- countless, countless hearings and here. We have things of historical sig- serving of National Wild and Scenic River sta- markups, and it is sad that a lot of nificance and we have things about tus, but that it would be premature to seek those things cannot come to pass. We civil areas. So we are very proud of this legislation to so designate it, pending develop- wish they could, but they do not in this legislation. No one is ever 100 percent ment of consensus on that point. This bill bill, but this is a good bill. This has a happy. Politics is the art of com- would not preclude such a designation later. lot of good things in it. promise. I look around this room and Second, that, for now a permanent prohibi- I hope the folks realize that 37 out of look at all the people who have com- tion should be placed on Federal approval or the 50 States will be affected by this promised on this bill, and I know how assistance for the construction of dams on the piece of legislation. Over 100 Members that occurs. creek and on any part of its national park trib- will be affected by this piece of legisla- I just want to say that on this thing utaries. tion: things that many of us have been I am very pleased to be a part of it. I Third, that the National Park Service and waiting to see come to pass in Califor- appreciate all the people from the mi- the Forest Service should move promptly to nia, the Presidio bill, something we nority and majority side, Chairman reach agreement with the city of Longmont, wondered, how do we handle this park YOUNG, Ranking Member MILLER, and CO, regarding Federal acquisition of lands the that has been turned over by one sen- others who have worked diligently city owns along the creek. tence put in there by Phil Burton with us on this piece of legislation. And, fourth, that a series of the committee's many years ago? In the event that the I urge its support. recommendations should be followed in man- Army ever gives this up, what are Mr. MILLER of California. Mr. aging the Federal lands along the creek. going to do with it? It goes to the park Speaker, I yield 1 minute to the gen- Three of these proposals are specified in system. However, it is not a park but it tleman from Montana [Mr. WILLIAMS]. the bill's language. I have submitted, as part costs us $25 million a year. In here, we Mr. WILLIAMS. Mr. Speaker, I want of the hearing record, two documents related have a piece of legislation that takes to note for my colleagues as well as my to the fourth proposal, regarding management care of this problem, which I com- fellow Montanans that a long sought of the relevant lands. One is a copy of the ad- pliment my friends California and oth- after land exchange called the Lost visory committee's final report, and the other ers working in a bipartisan manner in Creek land exchange involving directly is a copy of the advisory committee's manage- handling this particular area. approximately 14,000 acres of bighorn ment plan outline. I will also present these We have some things about the 2002 sheep habitat in a critical area in Mon- documents to the Forest Service and National winter games. It was not too long ago tana is included in this bill. The trade Park Service when they develop future man- that over in Budapest all of those folks is not without significant support and agement plans for the creek and adjoining from America, all over the 48 lower some opposition in Montana. I recog- lands. States, were standing there and the nize that opposition. The primary theme of these documents is gentleman got up and he made the I note for my colleagues, however, that Federal management decisions should re- statement, and he said the winter that the trade has received the biparti- tain the current types and levels of rec- games for 2002 shall go to the City of san agreement of the two Democrats reational uses of the public lands in the cor- Salt Lake. The place erupted, and who and the one Republican who make up ridor along North St. Vrain Creek. This can be got on the television to talk about it? the Montana congressional delegation. done by restricting the expansion of trails and President Clinton go on, bless his I and my two colleagues in the Senate campgrounds, and through strategic land ac- heart, and he said ‘‘I will do everything will be working with the Forest Serv- quisitions to protect natural features from dam- in my power to expedite the 2002 winter ice to try to mitigate any concern that age that would come from expanded or exces- games.’’ some in the timber industry have sive uses. The documents also support contin- We will surely appreciate him sign- about this land exchange, but it clearly ued good stewardship on private lands in the ing this piece of legislation so a very, is in the best interest of the land, the corridor under the guidance and control of very minor land exchange can come people and the bighorn sheep of Mon- Boulder County's land-use regulations, as well about which will facilitate that, and 3 tana. I thank my colleagues for agree- as continued protection against trespass. billion people around the globe will ing to do this in the House. It turned Mr. Speaker, I introduced this legislation not stand there and look at the downhill. out to be impossible to get it done in only because of my belief in the importance of For 100 years people will say so-and-so the Senate. H12026 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. MILLER of California. Mr. hope that all of our colleagues will Mr. Speaker, I rise in strong support of H.R. Speaker, I yield 3 minutes and 30 sec- visit to see its magnificent scenic 4236, and draw particular attention to the pro- onds to the gentlewoman from Califor- beauty, enjoy the military history and, vision in the bill to authorize the Federal ac- nia [Ms. PELOSI]. for the history buffs here, also the quisition of the Sterling Forest watershed in Ms. PELOSI. Mr. Speaker, I thank great environmental worth that the New York and New Jersey. the gentleman for yielding me this Presidio has. Acquisition of the important 17,500 acres time. Passing the Presidio trust bill as part Sterling Forest reserve, located in southern I, too, want to join my colleagues in of this omnibus bill is not the final act, New York and northern New Jersey rep- commending the leadership of the com- but does open the curtain to a wonder- resents perhaps the most important environ- mittee for the bipartisan cooperation ful production that we can all be proud mental issue for our region, and represents an and effort that has been made to bring of. Phillip Burton’s legacy lives on. outstanding environmental accomplishment for this legislation to the floor. To say The gentleman, Mr. HANSEN, recog- the 104th Congress. that our differences have been ham- nized the goal of Phillip Burton in au- Sterling Forest is at the headwaters of a mered out is probably a good word to thorizing the Presidio as a national system of reservoirs which provide water for use, but they have and we are here. park. I feel as the person who serves in 1.8 million metropolitan area residents. It is I want to particularly acknowledge Congress in Phillip Burton’s seat that heavily forested, accommodating a wide vari- the leadership of the gentleman of we have a responsibility to Phillip’s ety of wildlife and plant species, and also in- Alaska, Chairman YOUNG, and the gen- legacy to make this a great national cludes a portion of the Appalachian Trail. tleman from Utah, Chairman HANSEN, park. In doing so, and in closing, I Twenty-six million Americans live within a 2- as well as the gentleman from Califor- want to acknowledge the work of Judy hour drive of this important environmental re- nia, GEORGE MILLER, our champion for Lemons of my staff. Many staff people source. the Presidio. Of course we would not be worked very, very hard on this. But The acquisition of the Sterling Forest rep- here today without the full cooperation Judy was present at the birth of Golden resents a unique partnership between the of the gentleman from Ohio, Chairman Gate national recreation area of which Federal Government, the States of New York RALPH REGULA, and the gentleman the Presidio will become a part. She and New Jersey, and environmental and other from Illinois, SID YATES, the ranking has worked every day to preserve the private sector interests. Protecting the Sterling member. I am grateful to them for all integrity of the Presidio as a national Forest makes sense from an environmental of their assistance in keeping the park. This victory today is a triumph standpoint, it makes sense from a recreational Presido going so that we this day can for Judy Lemons. I want to thank Judy standpoint, and it represents a good deal for cross over a point where we reduce the and to all who have been faithful to the the taxpayer. cost to the taxpayer. effort and part of our success today. The modest Federal investment authorized I also want to state that the support Mr. YOUNG of Alaska. Mr. Speaker, I by this legislation will protect the Sterling For- for the Presidio as it is bipartisan, it is yield 1 minute to the gentleman from est watershed for generations to come, and do bicameral and we have a great deal of Arizona [Mr. HAYWORTH], a member of so in a very cost-effective and environmentally support in the other body under the the committee. leadership of two great Senators, Sen- (Mr. HAYWORTH asked and was sound manner. I urge my colleagues to join me in support ator BARBARA BOXER and Senator given permission to revise and extend of this important legislation. DIANNE FEINSTEIN. In our community his remarks.) Mr. YOUNG of Alaska. Mr. Speaker, I the support is bipartisan as well. Mr. HAYWORTH. Mr. Speaker, I One of our strongest and most thank the chairman of the committee yield 2 minutes to the gentleman from staunch supporters, unfortunately, will for this time. Ohio [Mr. REGULA], chairman of the not be able to enjoy this day with us. I rise in support of this legislation to Subcommittee on Interior of the Com- His name is Jim Harvey, a former echo what the gentlewoman from Cali- mittee on Appropriations. (Mr. REGULA asked and was given chairman of the board of the Trans- fornia [Ms. PELOSI] said. Here we have America Corporation, who died in early a wonderful opportunity for a biparti- permission to revise and extend his re- June. Jim was largely responsible for san piece of legislation for projects marks.) creating the Presidio council in 1991 that benefit the American people. Mr. REGULA. Mr. Speaker, I thank which organized national support and In the Sixth District of Arizona, Mr. the gentleman for yielding me the philanthropic as well as pro bono dona- Speaker, there are two sites in particu- time. tions to the Presidio as a national lar. We will take them alphabetically, We all know the words to the song, I park. the Alpine school district needs land, a am proud to be an American, that Lee I will for the record, Mr. Speaker, tiny school district asking for the con- Greenwood’s sings so eloquently. present some of the accomplishments veyance of fewer than 40 acres to build Today, I am proud to be a Member of of Jim Harvey. I just want to say that school sites and athletic fields. The tax this body and proud to be an American. it is as though Jim Harvey truly appre- base has dwindled. Resource based in- We have put aside our differences, our ciated what Thoreau asserted many dustries for one reason or another have partisan parties. We worked with the years ago: Goodness is the only invest- not been allowed to operate. This is a White House, we developed a team ef- ment that never fails. Jim Harvey was wonderful chance to truly put children fort to do something good for America. a good man. He will be pleased with our first and help education in the Alpine I speak to in our case the heritage cor- progress today. school district. ridor. Young men and women, Boy This legislation is important in Second, Mr. Speaker, the Walnut Scouts, Girl Scouts, 4–H Club kids, col- terms of the Presidio as it recognizes Canyon National Monument outside lege kids will be able to walk a canal the Presidio’s worth as a national park Flagstaff, regardless of partisan dis- corridor 87 miles, long that is rich in as well as the need to streamline the pensation or political stripe, the people history. Ohio was built by the canals. management into a cost-effective of Flagstaff, indeed the people of the They will learn the story of yesterday’s structure for the American taxpayer. Sixth District of Arizona hope to see turnpikes. They will learn the story of The Presidio trust brings a new ap- the boundaries expand on this great the ecological development of our proach to the Presidio that incor- natural landmark and national monu- State because they will follow a river, porates the best of the National Park ment. We have a chance to do that. So they will follow the towpath of the Service and the best at real estate I urge passage of this bill. canal. management into an alliance that will Mr. YOUNG of Alaska. Mr. Speaker, I What a wonderful opportunity this realize the best of the Presidio. yield such time as she may consume to will be for young people to appreciate Under this trust we will be able to the gentlewoman from New York [Mrs. their heritage as young citizens of give maximum access to the American KELLY]. Ohio. It will happen because of what is people to enjoy the Presidio as a na- (Mrs. KELLY asked and was given being done today in this body and tional park with minimum cost to the permission to revise and extend her re- being done on a bipartisan basis with American taxpayer. marks.) everybody being on the team. The most eloquent spokesperson for Mrs. KELLY. Mr. Speaker, I rise in I am grateful to all who had a part in the Presidio is the Presidio itself. So I strong support of H.R. 4236. shaping this legislation, and I hope September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12027 that it gets very strong support by all the Presidio Trust. We have got the the last pristine area that will serve the Members. A great gift today for Tallgrass Prairie National Preserve, millions of people for future genera- Americans in so many different ways. the Selma to Montgomery National tions to come. Mr. MILLER of California. Mr. Historic Trail, the Colonial National Let me, if I may, thank the other Speaker, I yield 1 minute to the gen- Historic Park, Wupatki National Members who have worked so hard to tleman from New Jersey [Mr. Monument Boundary Adjustment, bring this to fruition tonight: of course PALLONE]. Cumberland Gap National Historic the gentlewoman from New Jersey, Mr. PALLONE. Mr. Speaker, I just Park, the Zion National Park Bound- Mrs. ROUKEMA, to whom I will yield, if wanted to thank the committee and ary Adjustment, the Rocky Mountain I may, but also Representatives BOEH- the ranking member for including in National Park Visitor Center, the Wal- LERT, ZIMMER, GILMAN, FRELING- this legislation the text of H.R. 3911, nut Canyon National Monument HUYSEN, FRANKS, and KELLY, and fi- which establishes the Great Falls His- Boundary Adjustment, the Delaware nally, first and foremost, to our Speak- toric District in Paterson, NJ. I had in- Water Gap National Recreation Area, er, who made a commitment back in troduced this bill earlier this session at the Franklin D. Roosevelt National December to preserve Sterling Forest. the request of Assemblyman Bill Historic Site, the Women’s Rights Na- He has fulfilled that promise today. Pascrell who is also the mayor of tional Historic Park, the Big Thicket Mrs. ROUKEMA. Mr. Speaker, will Paterson, NJ. It was a major piece of National Preserve. the gentleman yield? legislation that former Congressman And, Mr. Speaker, it would be incom- Mr. MARTINI. I yield to the gentle- Herb Klein had tried to get through plete if I did not mention two initia- woman from New Jersey. this House. It is very important for the tives in my own State of New Mexico, (Mrs. ROUKEMA asked and was people of New Jersey, Passaic County one the Rio Puerto Watershed Act, given permission to revise and extend and particularly, of course, for the resi- which cleans up the water and the her remarks.) dents of Paterson, NJ. boundaries in that area and, of course, Mrs. ROUKEMA. Mr. Speaker, I asso- Mr. YOUNG of Alaska. Mr. Speaker, I the Taos Bottleneck legislation. ciate myself with the remarks of my would suggest that the previous speak- This is an historic bill that turns colleague from New Jersey, Mr. MAR- er remember one thing, that there is a over 765 acres of the Wheeler Peak Wil- TINI. This is truly a monument to pa- chairman, and he may not be recog- derness to management by the Taos tience, perseverance, common sense, nized the next time in the committee. Pueblo as part of the Blue Lake Wilder- consensus and compromise, and I want Mr. Speaker, I yield 1 minute to the ness Act legislation signed by Presi- to thank the chairman of the commit- gentleman from Florida [Mr. GOSS]. dent Richard Nixon in 1970 returning to tee and the ranking member for this Mr. GOSS. Mr. Speaker, I want to the Taos Pueblo all lands that had been wonderful work. join the accolades to Mr. YOUNG and seized by the Federal Government. Mr. Speaker, I rise to associate myself with Mr. STUDDS. I have had many happy There was a sect of land that was not the comments of my colleague from New Jer- years in this Congress, but among the turned over to the pueblo. This bill sey, Mr. MARTINI, the chairman and ranking happiest is when I served with them does it. It is a good piece of legislation. member. both on something that used to be It is critically important that this Mr. Speaker, I rise in strong support of this known as the Merchant Marine and passage now move through the other omnibus parks package and urge my col- Fisheries Committee. I never thought I body. I want to commend Chairman leagues on both sides of the aisle to support would see the day when we were stand- YOUNG for his leadership and Chairman this important legislation. It is my understand- ing here in such comity. I am delighted HANSEN and, of course, the Honorable ing that the controversial measures included in that it is here. GEORGE MILLER for their work. This is previous versions of this bill have been re- I address much that is good in the an important piece of legislation with moved and that this measure has been bill and support it, of course, but I a lot of bills for a lot of Members, bi- agreed to by both sides of the aisle and the want to focus on the Coastal Barrier Is- partisan. We should get it passed. Administration. This legislation is surely a lands provisions. Preserving the proper monument to the patience, common sense, b balance between protection of our nat- 1815 consensus and compromise wisdom of our ural resources and our private property Mr. YOUNG of Alaska. Mr. Speaker, I colleagues who worked for so many months rights is a critical point. I know how yield 1 minute to the gentleman from on this parks package. much this means to my home State of New Jersey [Mr. MARTINI], who has This agreement is good news for the people Florida with its miles and miles of fab- done an excellent job. of New Jersey and New York. Included in this ulous beaches and outdoor recreational Mr. MARTINI. Mr. Speaker, and I legislation are provisions that will open the areas and opportunities on our barrier thank the gentleman from Alaska [Mr. door toward the purchase of Sterling Forest. islands. I know that what we are doing YOUNG] and the gentleman from Utah Enactment of this legislation is essential, if the here is going to continue that tradition [Mr. HANSEN] and the minority ranking Federal Government is to play a role in this and make possible enjoyment for more members for this excellent bill. public private partnership. This legislation people in those wonderful areas. Today is indeed an historic day, not along with the $9 million included in the omni- I also would note that this is some- just for New Jersey and New York but bus budget package represents a big step to- thing that the legislative delegation, for all Americans concerned about ward our commitment to the preservation and the people of Florida, the Governor, clean drinking water and preserving protection of Sterling Forest once and for all. Senators from Florida, all are in ac- the environment. Persistence and hard First, I want to thank Chairman HANSEN for cord on. It is wonderful when every- work has brought Sterling Forest here recognizing the overriding interest of the Na- body is in agreement on something and today again for another vote. tionÐand for his willingness to understand it actually happens. I congratulate the Unlike other issues we consider in that Sterling Forest is more than just a pristine Members who have made this happen. this body, there is literally no tomor- piece of open space for camping, skiing, hik- Mr. MILLER of California. Mr. row for preserving Sterling Forest. The ing, and fishing. It is the source of clean, safe Speaker, I yield 3 minutes to the gen- contract for the purchase of the land drinking water for some 3 million northern New tleman from New Mexico [Mr. RICHARD- would expire, and if we did not act to- Jersey residents. If we allow that drinking SON], ranking member of the Sub- night as we are doing, the safe drinking water to be contaminated by development, we committee on National Parks, Forests water for over millions of New Jersey will pay the purchase price many times over in and Lands. citizens would be in jeopardy. cleanup cost and the cost of building new (Mr. RICHARDSON asked and was I am pleased to say that by the ac- water treatment plants. With this legislation, given permission to revise and extend tion tonight this body is showing its we are not being penny wise and pound fool- his remarks). responsibility and assuring that we ish. Instead of reacting to a crisis after the Mr. RICHARDSON. Mr. Speaker, I have safe drinking water for over 2 mil- fact, we are anticipating the problem now and thank the distinguished gentleman for lion New Jersey citizens. taking steps to avoid it. This legislation is good yielding me the time. In addition to drinking water, Ster- public policy. This is a good bill. We have a lot of ling Forest serves as a sanctuary for As you know, Sterling Forest is one of the good national parks legislation besides millions of people in that area. This is largest tracts of privately-owned, undeveloped H12028 CONGRESSIONAL RECORD — HOUSE September 28, 1996 forest land in the mid-Atlantic United States. Sterling Forest receive $9 million as a down sent them to the other body before and This is heavily forested landÐ10 percent of payment on the Federal Government's $17.5 they did not come back or we were not which is located in my district in northern New million share of the purchase price. able to get our act together. Jersey and the remaining 90 percent of which Finally, I want to thank the Speaker for his But I think that generally while is located in Orange County, New York, our strong endorsement of this important project to many may find some provision in here colleague, BEN GILMAN's district. It currently New Jersey. In March, Speaker GINGRICH vis- that they do not agree with, that by provides countless recreational opportunities ited Sterling Forest and promised that Con- and large this is a good bill, and I hope to millions of nearby residents and visitors. gress would pass legislation to protect Sterling that the outcome by sending this to However, it is not recreation that brings me Forest this year. Clearly, his advocacy has the Senate is going to be positive, and here today, but something far more fundamen- been an important factor in reaching this point I think that the President, I hope that tal: water. today, and I want to express my appreciation the President, can be convinced to in As the primary source of drinking water to for his assistance. fact sign this into law. over 3 million residents of my State, preserva- On behalf the 3 million New Jersey resi- Unfortunately, we normally have not tion of Sterling Forest is essential. Numerous dents who depend on this area for clean safe done business like this with so many tributaries and feeder streams flow south from drinking water and the millions of recreational measures in one issue at the end. I Sterling Forest right into the Wanaque Res- users who treasure this pristine open space, I hope in the future that we can do this ervoir, which supplies drinking water for 25 urge your support. in a more orderly manner. These are percent of all residents of New Jersey. Mr. MILLER of California. Mr. important issues. I especially feel Consequently, the protection of this unique Speaker, I yield 1 minute to the gen- keenly about the Heritage Areas and natural resource in a region struggling to grap- tleman from New York [Mr. HINCHEY]. the generic language that is in each ple with urban sprawl is a matter of utmost im- Mr. HINCHEY. Mr. Speaker, as we particular Heritage Area, and I know portance. This is a critical issue for the most have just hard, this bill will authorize how important it is that we do this densely-populated area of the nation's most the Federal Government to participate work so that we as a Congress have densely-populated state, northern New Jersey. in the purchase of Sterling Forest, the been very zealous about guarding the Simply put, preserving Sterling Forest pro- last piece of open space in the Metro- responsibilities with regards to land tects the drinking water supply of northern politan New York Area. It is a criti- use questions, and in acting in this way New Jersey and New York, and it is impera- cally important thing to do, protects we can, of course, continue to earn tive for the 104th Congress to take action. the watershed of 2 million people in that particular responsibility. At the State level, the support for preserving New Jersey, an additional number in Mr. YOUNG of Alaska. Mr. Speaker, I Sterling Forest is equally strong. Governor southeastern New York. That alone yield such time as he may consume to Whitman has already signed into law legisla- makes this bill extremely important. the gentleman from California [Mr. tion that commits our State to spending $10 Also, this bill sets aside a number of MCKEON]. (Mr. MCKEON asked and was given million to help with the purchase of the Forest. American Heritage Areas around the permission to revise and extend his re- In addition, Governor Pataki has committed country, and I would particularly like marks.) his administration in Albany to match New Jer- to note the fact that the Hudson River Mr. MCKEON. Mr. Speaker, I rise in Valley, probably the most historic area sey's contribution dollar-for-dollar. strong support of the bill, and I com- in the Nation, is recognized as an Here in Congress, legislation to protect Ster- mend the gentleman from Alaska [Mr. ling Forest has enjoyed bipartisan support in American Heritage Area in this legisla- YOUNG] and the gentleman from Utah both the New Jersey and New York delega- tion. The Hudson Valley of course con- [Mr. HANSEN] for their leadership in tions, as witnessed by the presence of those tains West Point, it contains Washing- bringing it to the floor. Members who are speaking today. ton’s headquarters, the first national Mr. Speaker, I rise today to express my In these times of tight budget constraints, it historic site in the Nation, and a support for the conference report on the Omni- is simply unrealistic to expect the government wealth of other historic places recog- bus Parks and Public Land Management Act. to carry the burden by itself. From the begin- nized by this American Heritage Area. This legislation is important for numerous ning, the coalition behind Sterling Forest firmly I want to thank my leader, the gen- reasons; many of which impact California. For believe that the best method to use in preserv- tleman from California [Mr. MILLER], example, this conference report creates a pub- ing and protecting Sterling Forest was a pub- the ranking member of the committee. lic-private Presidio Trust to manage hundreds lic-private partnership, with its purchase price I want to thank also the chairman the of historical buildings which cover more than being funded using private, State, and Federal gentleman from Alaska [Mr. YOUNG], 1,400 scenic acres at the foot of the Golden funds. That is why I introduced H.R. 194 in and the chairman of the subcommittee, Gate Bridge. Both residents of my district and 1995 and have consistently supported H.R. the gentleman from Utah [Mr. HAN- throughout the State of California have visited 400 as passed by the Senate last July is the SEN], for their work on this bill. This is this site and enjoyed its beauty. With passage most expeditious solution to seeing that Ster- a very worthy product, and I appre- of this bill, that will continue to happen for ling Forest was protected. ciate the hard work that has gone into years to come. To date, at least $5 million in private con- this by all the Members, and I would Additionally, this conference report also con- tributions have been committed towards help- urge the Members in the other House tains a provision which I have worked hard for ing protect Sterling Forest. These efforts will to pay attention to this piece of legis- in behalf of my constituents in the Santa continue, and private funds are expected to lation. It is critically important for Clarita Valley. I have included language which play an important role in the purchase of this millions of Americans and deserves to protects a pristine canyon contained in the An- land. And, as I've already mentioned, New be passed by this Congress. geles National Forest. For many years, some Jersey and New York have committed to Mr. MILLER of California. Mr. have wanted to destroy this beautiful treasure spending $10 million each. Speaker, I yield 1 minute to the gen- by constructing a 190-million ton landfill. I want to emphasize something about these tleman from Minnesota [Mr. VENTO]. Mr. Speaker, it gives me great pleasure to Federal funds: this is a one-time funding re- Mr. VENTO. Mr. Speaker, I want to announce today that the Omnibus Parks bill quest, because this legislation provides for the congratulate the chairman and ranking will preserve and protect Elsmere Canyon and Palisades Interstate Park Commission [PIPC] member, Mr. YOUNG and Mr. MILLER, prevent its destruction; not only for the resi- and the State of New York to accept financial and Mr. HANSEN, the subcommittee dents of the Santa Clarita Valley, but for all responsibility for the long-term management of chairman, as well as Mr. RICHARDSON residents of southern California. the Sterling Forest. and all the sponsors. I urge an ``aye'' vote on this historic, envi- I also want to thank Chairman REGULA. For I actually do not have a measure in ronmental legislation. It truly reflects a commit- years, I have worked with him in an effort to this particular bill with 116 sections, ment to preserve our natural resources both secure appropriate funding levels for this im- but I feel a little bit of ownership be- today and in the future. portant project. I am happy to report that this cause many of these issues, as my col- Mr. YOUNG of Alaska. Mr. Speaker, I year Chairman REGULA was instrumental in leagues will understand, are issues that yield 1 minute to the gentleman from seeing that language was included in the Inte- did not develop just in this Congress Illinois [Mr. WELLER]. rior Appropriations bill which ranked Sterling but have spanned many Congresses. In (Mr. WELLER asked and was given Forest as one of the Nation's top two priorities fact, some of them, unfortunately, permission to revise and extend his re- for land acquisition and recommended that have become old friends because we marks.) September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12029 Mr. WELLER. Mr. Speaker, of course izes $400 million to assure the imple- reational and educational opportuni- I want to rise in support of this impor- mentation of crucial ecosystems res- ties, a parks bill that will enhance en- tant parks legislation and commend toration efforts to improve water qual- vironmental protection and most im- the bipartisan leadership of the chair- ity, fishery and resources of San Fran- portantly for the long run, a parks bill man, and the ranking members and the cisco and Sacramento-San Juaquin that will ensure that future genera- committee members for moving this Delta. This is an important step in im- tions will have pristine areas to enjoy. legislation. plementing the Bay Area Accords that It is not easy putting this kind of I want to take a moment and note highlights the continuing success of package together. There are almost an that this legislation contains a provi- the Central Valley Project Improve- infinite number of interests to balance. sion important to the south side of Chi- ment Act of 1992 and moves us toward It is of necessity a lengthy and very cago and the south suburbs of Chicago, a consensus instead of conflict in Cali- difficult process. a provision that directs the National fornia water policy, and I am particu- I want to thank the gentleman from Park Service to look at the feasibility larly grateful for the bipartisan sup- Alaska [Mr. YOUNG] and his staff for of establishing an ecological park, a se- port that has been garnered for this ef- sticking to it, for continuing to work ries of green ways linking the Indiana fort. against all odds, for coming up with a Dunes with the heritage corridor, a sig- Finally, let me say, Mr. Speaker, final package that only the nificant proposal because of its poten- that this legislation started out as a hypersensitive could quibble with on tial for establishing an urban park, single bill at one point, and that was to environmental grounds. open space and wildlife habitat and a authorize the Presidio National Park This is good legislation, this is a rapidly growing older industrial area. in San Francisco, and I think every proud moment for this historic 104th This proposal has locally strong bi- Member of this House knows how hard Congress, and I urge my colleagues to partisan support from local conserva- the gentlewoman from San Francisco give this measure the support it de- tion groups, elected officials and eco- [Ms. PELOSI] has worked on this effort. serves. nomic development organizations. Like She has been absolutely tireless and re- Mr. YOUNG of Alaska. Mr. Speaker, I the newly established tall grass prairie, lentless in her pursuit to see this, and yield 1 minute to the gentleman from the former Joliette Arsenal, the eco- I mean relentless as a compliment, in New York [Mr. GILMAN]. logical park will become a major in- her pursuit to see this matter become (Mr. GILMAN asked and was given vestment in the future of Illinois and law and to give a gift to this Nation of permission to revise and extend his re- the children of Illinois by setting aside what is going to be one of the great, marks.) open space and important wildlife habi- great national parks for visitors from Mr. GILMAN. Mr. Speaker, I rise in tat in an old urban area as well as a across this Nation and from around the full support of this measure, and I urge rapidly developing suburban area. world as they visit this. my colleagues on both sides of the aisle I thank the chairman and committee This is an effort to try to make sure to support the measure along with my for their support, and I urge bipartisan that we can lessen the burden on the colleagues, the gentlewoman from New support for this legislation. taxpayer and the operation of that Jersey [Mrs. ROUKEMA], the gentleman Mr. MILLER of California. Mr. park. And I also want to thank our from New Jersey [Mr. MARTINI], the Speaker, I yield myself 5 minutes. Senators, Senator BOXER and Senator gentlewoman from New Jersey [Mrs. Mr. Speaker, I am delighted to rise in FEINSTEIN, for all of their effort, and I KELLY], and the gentleman from New support of this legislation, the Omni- too want to recognize the effort of Jersey [Mr. ZIMMER]. We have all bus Park bill. This is, as many have al- Judy Lemons in her support for this worked long and hard for passage of ready said, a product of bipartisan ne- and her working on this and to John this legislation that preserves Sterling gotiations throughout many months, Lawrence and to Rick Healy for their Forest. although it came down to the eleventh negotiations today and to the minority This 18,000-acre tract of land which hour today, but throughout many staff. stretches along the New York-New Jer- months, over the provisions of this bill, Finally, let me say to the Members sey border is the last largely undevel- and it makes some important additions who are in strong support of this legis- oped forest in the New York Metropoli- and changes to our historic areas from lation, the gentleman from Alaska [Mr. tan Area, and it is our last chance to San Francisco to Boston, from Alaska YOUNG] knows that we were here in the protect the watershed for the New Jer- to Alabama. last night of the last Congress and we sey-New York area. This legislation I want to commend my colleagues lost many of these same projects, and provides payments in lieu of taxes for and the chairman of the House Com- we lost that effort. Those of my col- those municipalities involved, which mittee on Resources, the gentleman leagues who are rising in strong sup- will be done by authorizing the Pali- from Alaska [Mr. YOUNG] for his work port of this legislation, I would ask sades Park Commission that managed and his patience, his patience in this them to put in a kind word with their Sterling Forest. effort. I know how he feels when we Senator on behalf of this legislation so I want to thank the gentleman from send bills to the Senate 1 year ago and these parks in some cases can be ex- Alaska [Mr. YOUNG], the chairman of 8 months ago and 6 months ago and panded or created and heritage areas the committee, the ranking minority they are never heard from until the can succeed, and I think this will turn leader, the gentleman from California eleventh hour. But because of his pa- out to be a major gift in terms of pub- [Mr. MILLER], as well as the gentleman tience we are here tonight with this lic lands management and to the peo- from Utah [Mr. HANSEN], the gen- bill. ple of this Nation. tleman from Ohio, [Mr. REGULA], who I want to thank the gentleman from Again, I want to thank all those who have all worked hard in bringing this New Mexico [Mr. RICHARDSON}, the worked so terribly hard to get us here together, and I know it has been a dif- ranking member of the Subcommittee tonight and to Jeff Petrich, who ficult task, and I commend them for on National Parks, Forests and Lands, worked very hard certainly on the their work, as well as the gentlewoman the gentleman from Utah [Mr. HANSEN] Alaska provisions and was involved in from California [Ms. PELOSI], who for his effort as the chairman of the these last hours of negotiations. brought us all together on her measure Subcommittee on National Parks, For- Mr. Speaker, I reserve the balance of that made this measure move forward ests and Lands, to the gentleman from my time. at this time. New York [Mr. BOEHLERT], who was in- Mr. YOUNG of Alaska. Mr. Speaker, I b volved in brokering and helping to ne- yield 1 minute to the gentleman from 1830 gotiate this, and to the gentleman New York [Mr. BOEHLERT]. Accordingly, Mr. Speaker, I urge my from Ohio [Mr. REGULA] for his in- Mr. BOEHLERT. Mr. Speaker, how colleagues to fully support this meas- volvement and his perseverance on the proud we should be of what we are ure. matter of the Heritage Areas. about because this bill is exactly what Mr. MILLER of California. Mr. I also want to say that this bill also the American people want, a parks bill Speaker, I yield 30 seconds to the gen- deals with the matter that is impor- that will benefit all areas of the coun- tleman from Texas [Mr. FROST] for a tant to me, and that is that it author- try, a parks bill that will increase rec- somewhat related matter. H12030 CONGRESSIONAL RECORD — HOUSE September 28, 1996

(Mr. FROST asked and was given per- Mr. BLUTE. Mr. Speaker, I rise in PELOSI] in support of the Presidio pro- mission to speak out of order and to re- strong support of this parks bill, which visions of this bill, which will protect vise and extend his remarks.) I believe and I think people on both the Presidio in a sound and cost-effec- CONGRATULATING TEXAS RANGERS ON sides believe is one of the finest parks tive manner. These provisions will pre- LANDMARK SEASON bills to ever pass this Congress in the serve the Presidio of California for gen- Mr. FROST. Mr. Speaker, 25 years long history of our great country. erations to come. I appreciate her lead- ago the Washington Senators baseball I want to commend the chairmen, the ership. team moved to Arlington, TX, in the gentleman from Alaska [Mr. YOUNG], I hope that the Members will join heart of the 24th Congressional Dis- the gentleman from Utah [Mr. HAN- this bipartisan contingency of bay area trict. SEN], the gentleman from Ohio [Mr. legislators who see this bill as key to For 25 seasons, that team—the Texas REGULA], and everyone on both sides of the environment and historic preserva- Rangers—played baseball without the aisle who worked so hard to put tion of northern California. reaching the post-season playoffs. This this package together. I urge its pas- Mr. Speaker, I would like to close by Texas drought ended last night when sage here, and I urge its passage in the saying this: What Congress in the last the Texas Rangers won the Western Di- U.S. Senate. 50 years has included more park vision of the American League. In my district, the Blackstone River projects for the opposing party than No current team in major league Valley National Heritage Corridor has this bipartisan 104th Congress? baseball had played as many consecu- been reauthorized in this bill for 10 Again, Mr. Speaker, my thanks to tive seasons without ever reaching years. It is a tremendous public-private Chairman YOUNG and the ranking post-season play. partnership that has done tremendous member, the gentleman from Califor- There is joy today deep in the heart things for the environment, for eco- nia, Mr. MILLER, my neighbor to the of Texas. I want to take this occasion nomic development, for job creation. north, for this wonderful bill. I fully to recognize the terrific season-long Now the great city of Worcester will be support it and hope that the Senate play of the Texas Rangers, the quiet included in the headwaters, as the will join us. steady leadership of their manager headwaters of the Blackstone River Mr. MILLER of California. Mr. Johnny Oates and the skill of their Valley National Heritage Corridor. Speaker, I yield 30 seconds to the gen- front office headed by Club President Near the southern tip of my district, tlewoman from California [Ms. PELOSI]. Tom Schieffer. the New Bedford Historical Whaling Ms. PELOSI. Mr. Speaker, I am so The Rangers combined clutch hit- Park that myself and the gentleman delighted that the Presidio bill, which ting, excellent defense and improved from Massachusetts [Mr. FRANK] and so has been on the floor over and over pitching to take their first division many others have supported for so long again, is finally, hopefully, going to be- crown. They enjoyed tremendous fan will now come to fruition if we can get come law. I am glad it is such a strong support in their new stadium, the ball- this passed through the Senate. engine to bring some other things Mr. Speaker, I think this is a tremen- park, and now anxiously await their along. first post-season playoff series against dous bill for the entire country and it It was said about the Presidio in its the New York Yankees. is a great environmental bill because life as an Army base that a shot was Congratulations Rangers on a land- these parks and heritage corridors will never fired in anger from the Presidio, mark season. keep land open, and open space for our or at the Presidio. As much as I Mr. YOUNG of Alaska. Mr. Speaker, I citizens for years and years and dec- thought we would come close, that yield 1 minute to the gentleman from ades to come. I rise in strong support. seems to be true about the Presidio Kansas [Mr. ROBERTS]. I think we all owe a great debt of (Mr. ROBERTS asked and was given gratitude to everyone on both sides of legislation again, thanks to the calm permission to revise and extend his re- the aisle who worked on this bill, but nature of the chairman and the rank- ing member of the committee. marks.) particularly Chairman YOUNG, Chair- Mr. MILLER of California. Mr. Mr. ROBERTS. Mr. Speaker, I have man HANSEN, and Chairman REGULA, asked permission to revise and extend who really went to the mat for this bill Speaker, I yield back the balance of my remarks for the last time. and worked very, very hard. I also com- my time. Mr. Speaker, like others before me, I mend the ranking member and the ad- Mr. YOUNG of Alaska. Mr. Speaker, I rise to voice my strong support for the ministration for coming along with us. yield myself such time as I may Omnibus Parks and Public Lands Act, Mr. YOUNG of Alaska. Mr. Speaker, I consume. and I also want to thank my chairman, yield 1 minute to the gentleman from Mr. Speaker, again I want to thank the gentleman from Alaska [Mr. California [Mr. BAKER], one of the lead- the gentleman from California [Mr. YOUNG], who has been an outstanding ers in this effort. MILLER] and all those who have worked leader in this effort, the subcommittee Mr. BAKER of California. Mr. Speak- very hard on this legislation. It is not chairman, the gentleman from Utah er, I rise in strong support of the omni- everything I wanted. As I stressed be- [Mr. HANSEN], a distinguished gen- bus parks bill. This bill includes provi- fore, we will be back. MacArthur said tleman and friend, and that great ath- sions which are vital to the heritage that, and he came back, and I will lete, the gentleman from California and habitat of the San Francisco Bay come back with a bigger and better [Mr. MILLER], for his help in regards to area. army, and we will achieve those goals. this bill. H.R. 1296 includes my bill, H.R. 4126, I think it is important to understand Mr. Speaker, I am interested in this the California Bay Delta Environ- one thing. There is little in this bill for because it contains a particular park mental Enhancement and Water Secu- this chairman. Most of this is, very designation, the Tallgrass Prairie Na- rity Act. I thank the chairman, the frankly, in areas that passed the tional Preserve Act, that will create gentleman from Alaska [Mr. YOUNG] House, and as the gentlewoman from the first and only unit of the national for including these provisions of Fed- San Francisco said, this is a strong park system solely devoted to the pres- eral matching funds for proposition 204 train with the Presidio, but most all of ervation of the tallgrass prairie eco- on the ballot this November in Califor- this legislation already passed the system. nia. House. Mr. Speaker, like others have already This historic agreement will author- It is the unworkable situation that stated on the floor, if the good Lord ize $430 million for fiscal year 1998 occurs in the other body, where the and certain Senators are willing, we through 2000 for ecosystem protection holds can be put on and on and on, that will get this package through. I would and restoration of the San Francisco really, I think, hurts the process. urge my colleagues to contact every- Bay Delta region. I have worked with Somewhere and somehow we have to one in the other body to that goal. the environmental community and expedite that process so when the Mr. Speaker, I yield back the balance California water districts to craft H.R. House speaks, at least there should be of my time for the last time. 4126, which is cosponsored by 48 Cali- a time limit to return the bill to the Mr. YOUNG of Alaska. Mr. Speaker, I fornia Members. floor. It is unfair to tie everything, yield 1 minute to the gentleman from Further, I have worked closely with very frankly, to one horse. It is not the Massachusetts [Mr. BLUTE]. the gentlewoman from California [Ms. correct way to legislate. We have done September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12031 that. Hopefully the Senate will see the 4236 a dereliction of my duty as a Member of like the negotiations which occurred last night wisdom of adopting it, and we will go Congress from Idaho who came to this body and today. Members of Congress and staff on next year and hope to do bigger and promising to rein in our ever-expanding Fed- were running back and forth from House to greater things. eral Government. Although my Chairman and House and office to office trying to find a Mr. HASTINGS of Washington. Mr. Speak- other Members speak eloquently of this com- workable compromise. We were so close, but, er, I rise in support of H.R. 4236, the omnibus promise package, when boiled down to its es- at about midnight on the last day of the ses- parks bill. This bipartisan legislation will im- sence, this bill expands the Federal Govern- sion, the gravel dropped and Congress ad- prove the lives of thousands of Americans. I ment's control on our land base. journed without passing a parks bill. am particularly interested in this legislation be- Mr. Speaker, I would also like to object to That was a disappointing night. It was dis- cause it includes a provision, the Hanford the method by which this more than 600 page appointing because all the hard work residents Reach Preservation Act, which impacts my bill was brought to the Floor. H.R. 4236 was and leaders in the valley have put into pre- district directly. I want to thank my fellow col- introduced yesterday. Although it was debated serving these important sites had to wait for leagues on the House Resources Committee, passed and considered in a Conference Com- another day. After that day, the citizens of the in particular Chairman YOUNG and Subcommit- mittee as H.R. 1296, H.R. 4236 included pro- valley and I became even more determined to tee Chairman HANSEN, for their hard work on visions I've never seen. For example, the last see this project through to the end. This is the this legislation. version of H.R. 1296 made available to me or culmination of years of work in the valley and Mr. Speaker, the Hanford Reach Preserva- my staff included only two (2) heritage areas. it is a credit to their hard work. tion Act makes permanent the current morato- However, it is my understanding that today's So here we are, in the final hours of the rium on dam building, channeling, and naviga- H.R. 4236 includes as many as eleven (11). 104th Congress, poised to pass legislation tional projects along the stretch of the Colum- Heritage Areas are a concern for me. In fact, which would create the Shenandoah Valley bia River known as the Hanford Reach. Lo- from my perspective, H.R. 4236 has been Battlefields National Historic District. This is cated in the heart of my Central Washington crafted with a great deal of secrecy. I must the culmination of 5 years of work, and it is Congressional District, the Hanford Reach is ask Mr. Speaker, what else is included? my sincere hope that the Senate will pass this regarded by many as the last free flowing Lastly, Mr. Speaker, I am compelled to point compromise in the coming days before the stretch of the Columbia River. Running out that, although there are five (5) specified Congress adjourns sine die. through the Hanford Nuclear Reservation, the Idaho projects, H.R. 4236 represents a com- Mr. Speaker, I introduce legislation in the Reach is also the location of some of the pilation of measures supported by Members beginning of the 103d Congress and 104th healthiest salmon runs anywhere in the Pacific with very little interest or understanding of our Congress to protect these valley battlefield Northwest. public lands. I recognize that this so-called sites. Senators WARNER and ROBB introduced For the past 8 years, the Federal Govern- Omnibus Parks Bill is the result of a long dif- companion legislation in the Senate. After ment has played an important role in protect- ficult process. However, it has been pointed working with the administration, and other ing the Reach by prohibiting its agencies from out that an Omnibus Bill was necessary be- Members of Congress, a compromise was constructing dams, channels, and other cause concerns, Senatorial holds, environ- fashioned which passed the House in Septem- projects on this part of the River. The provi- mental community opposition and other legis- ber 18, 1995, by a vote of 377 to 31 (H.R. sion included in this bill permanently extends lative hurdles plugged the bills' legislative 1091). As the body knows, Congressmen the current moratorium on these activities that process. In total, it was argued tonight, an YOUNG and HANSEN were on the floor week is set to expire November 6, 1996. Omnibus bill was necessary to gain the legis- after week after week passing park related The Hanford Reach Preservation Act will lative momentum to clear all hurdles. But I measures, but the other body, for one reason make a significant contribution to the contin- would ask, Mr. Speaker, that the Members or another, did not pass these bills. Finally, a ued protection of this pristine area. While would take a few moments to reflect on the package was put together with over 130 parks more needs to be resolved within the local difficulty by which this bill came to the Floor, related provisions, the conference closed, and community before this area is completely pro- and then to translate that difficulty to what a a veto threat issued. tected, this language is a positive step in the public lands state faces every time it must Many thought the bill was doomed, but as I right direction. deal with the Federal Government. It is no dif- already stated, a group of members and staff H.R. 4236 also includes a number of other ferent, and arguably worse. stuck it out late at night to fashion a com- positive proposals which improve the condition Again, Mr. Speaker, I must oppose this promise. This legislation, if passed, will create of our national parks, schools, and rivers. I measure and would hope the Members con- the Shenandoah Valley Battlefields National also support this bill for what is not included sider where we are going as a nation when Historic DistrictÐa one of a kind affiliated unit in the package, namely a provision to estab- we look up our resources. of the National Park Service. This legislation lish a National Heritage Area program. While Mr. WOLF. Mr. Speaker, I rise in strong forms a partnership with Federal, State, and I have serious concerns about the individual support of this omnibus parks bill. It is good local governments to preserve, conserve, pro- heritage area designations in this bill, I am re- for the environment, preserves our natural, tect, and interpret the historically significant lieved that private property owners in my dis- historic, and cultural resources, protects and Shenandoah Valley Civil War sites. Specifi- trict will not have to worry about such designa- improves our National Park System, and ben- cally, it will protect the two major valley cam- tions infringing upon their Fifth Amendment efits tourism and business throughout the paignsÐthe Thomas J. ``Stonewall'' Jackson rights. country. I urge its swift passage in the other Valley campaign of 1862 and the decisive Again, I thank my colleagues for their assist- body, and urge the President to sign this im- Philip Sheridan campaign of 1864Ðare the ance and strongly urge the House to vote in portant legislation. major Civil War battlefields not yet preserved. favor of this measure. I yield back the balance We are in the final hours of the 2d session Mr. Speaker, I, again, would like to thank of my time. of the historic 104th Congress and still have a and congratulate all parties for their hard work Mrs. CHENOWETH. Mr. Speaker, there are good deal of business to conduct. I want my and urge support for this legislation and its few people in this Congress that I have more colleagues to know, on both sides of the isle, swift passage. In particular, I would like to respect for than the chairman of the House that I appreciate your hard work and tireless thank, William Moschella of my staff. Without Resources Committee, DON YOUNG, and some efforts as the Nation's business comes to a his perseverance in negotiations, skill at legis- of the other hardworking members of the close. I want to recognize the efforts of Rep- lative drafting, and willingness to find solutions Committee. resentatives YOUNG, HANSEN, REGULA, and to new problems, we would not be here today. But I must oppose this so-called Presidio MILLER for working together on a compromise Mr. YOUNG of Alaska. Mr. Speaker, I Package, H.R. 4236. Although there are many package that should be signed by the Presi- yield back the balance of my time. good things in this billÐbadly needed bound- dent. I also appreciate the efforts of Senators The SPEAKER pro tempore (Mr. ary adjustments and local land exchange ben- WARNER and ROBB and Congressman BURTON of Indiana). The question is on efiting many worthy communities, to name a GOODLATTE. Finally, I want to recognize the ef- the motion offered by the gentleman fewÐI simply cannot vote for a bill that cre- fort of the staff who worked on this legislation from Alaska [Mr. YOUNG] that the ates five (5) new national parks, establishes and who share our commitment to passing a House suspend the rules and pass the as many as eleven (11) heritage areas, and meaningful parks bill this Congress. bill, H.R. 4236, as amended. facilities any number of other Federal designa- Mr. Speaker, I recall the waning hours of The question was taken. tions that expand Federal ownership and con- the 103d Congress when the so-called Vento Mr. YOUNG of Alaska. Mr. Speaker, trol over public and private property. I would parks package was stalled. There were many on that I demand the yeas and yeas. consider anything but a ``No'' vote on H.R. talks and negotiations in the final hours, much The yeas and nays were ordered. H12032 CONGRESSIONAL RECORD — HOUSE September 28, 1996 The SPEAKER pro tempore. Pursu- SECTION 1. SHORT TITLE. ing owned or controlled by a State government, ant to clause 5 of rule I, further pro- This Act may be cited as the ‘‘Savings in Con- local government, Indian tribe, or any private ceedings on this motion will be post- struction Act of 1996’’. entity.’’. poned. SEC. 2. FINDINGS. SEC. 4. IMPLEMENTATION IN ACQUISITION OF The Congress finds the following: FEDERAL FACILITIES. f (1) The Metric Conversion Act of 1975 was en- (a) The Metric Conversion Act of 1975 (15 acted in order to set forth the policy of the Unit- U.S.C. 205 et sec.) is amended by inserting after GENERAL LEAVE ed States to convert to the metric system. Section section 13 the following new section: Mr. YOUNG of Alaska. Mr. Speaker, I 3 of that Act requires that each Federal agency ‘‘SEC. 14. IMPLEMENTATION IN ACQUISITION OF ask unanimous consent that all Mem- use the metric system of measurements in its CONSTRUCTION SERVICES AND MA- procurement, grants, and other business-related TERIALS FOR FEDERAL FACILITIES. bers may have 5 legislative days within ‘‘(a) IN GENERAL.—Construction services and which to revise and extend their re- activities, unless that use is likely to cause sig- nificant cost or loss of markets to United States materials for Federal facilities shall be procured marks on H.R. 4236. firms, such as when foreign competitors are pro- in accordance with the policies and procedures The SPEAKER pro tempore. Is there ducing competing products in non-metric units. set forth in chapter 137 of title 10, United States objection to the request of the gen- (2) In accordance with that Act and Executive Code, section 2377 of title 10, United States tleman from Alaska? Order 12770, of July 25, 1991, Federal agencies Code, title III of the Federal Property and Ad- There was no objection. increasingly construct new Federal buildings in ministrative Services Act of 1949 (41 U.S.C. 251 et round metric dimensions. As a result, companies seq.), and section 3(2) of this Act. Determination f that wish to bid on Federal construction of a design method shall be based upon prelimi- projects increasingly are asked to supply mate- nary market research as required under section AUTHORIZING THE CLERK TO 2377(c) of title 10, United States Code, and sec- MAKE CORRECTIONS IN THE EN- rials or products in round metric dimensions. (3) While the Metric Conversion Act of 1975 tion 314B(c) of the Federal Property and Admin- GROSSMENT OF H.R. 4236, OMNI- currently provides an exemption to metric usage istrative Services Act of 1949 (41 U.S.C. 264b(c)). BUS PARKS AND PUBLIC LANDS when impractical or when such usage will cause If the requirements of this Act conflict with the MANAGEMENT ACT OF 1996 economic inefficiencies, amendments are war- provisions of section 2377 of title 10, United ranted to ensure that the use of specific metric States Code, or section 314B of the Federal Mr. YOUNG of Alaska. Mr. Speaker, I Property and Administrative Services Act of ask unanimous consent that the Clerk components in metric construction projects do not increase the cost of Federal buildings to the 1949, then the provisions of 2377 or 314B shall be authorized to make technical and taxpayers. take precedence. ‘‘(b) CONCRETE MASONRY UNITS.—In carrying conforming changes to the engross- SEC. 3. DEFINITIONS. out the policy set forth in section 3 (with par- ment of the bill, H.R. 4236. Section 4 of the Metric Conversion Act of 1975 ticular emphasis on the policy set forth in para- The SPEAKER pro tempore. Is there (15 U.S.C. 205c) is amended— graph (2) of that section) a Federal agency may objection to the request of the gen- (1) by striking ‘‘and’’ at the end of paragraph require that specifications for the acquisition of (3); tleman from Alaska? structures or systems of concrete masonry be ex- (2) by striking ‘‘Commerce.’’ in paragraph (4) There was no objection. pressed under the metric system of measurement, and inserting ‘‘Commerce;’’; and but may not incorporate specifications, that can f (3) by inserting after paragraph (4) the follow- only be satisfied by hard-metric versions of con- ing: crete masonry units, in a solicitation for design VACATING ORDERING OF YEAS ‘‘(5) ‘full and open competition’ has the same or construction of a Federal facility within the AND NAYS ON H.R. 4233, SAVINGS meaning as defined in section 403(6) of title 41, United States or its territories, or a portion of IN CONSTRUCTION ACT OF 1996 United States Code; said Federal facility, unless the head of the Mr. WALKER. Mr. Speaker, I ask ‘‘(6) ‘total installed price’ means the price of purchasing a product or material, trimming or agency determines in writing that— unanimous consent to vacate the or- ‘‘(1) hard-metric specifications are necessary otherwise altering some or all of that product or in a contract for the repair or replacement of dering of the yeas and nays on the mo- material, if necessary to fit with other building parts of Federal facilities in existence or under tion to suspend the rules and pass the components, and then installing that product or construction upon the effective date of the Sav- bill (H.R. 4233) to provide for appro- material into a Federal facility; ings in Construction Act of 1996; or priate implementation of the Metric ‘‘(7) ‘hard-metric’ means measurement, design, ‘‘(2) the following 2 criteria are met: Conversion Act of 1975 in Federal con- and manufacture using the metric system of ‘‘(A) the application requires hard-metric con- struction projects, and for other pur- measurement, but does not include measure- crete masonry units to coordinate dimensionally poses. ment, design, and manufacture using English into 100 millimeter building modules; and The SPEAKER pro tempore. Is there system measurement units which are subse- ‘‘(B) the total installed price of hard-metric quently reexpressed in the metric system of objection to the request of the gen- concrete masonry units is estimated to be equal measurement; to or less than the total installed price of using tleman from Pennsylvania? ‘‘(8) ‘cost or pricing data or price analysis’ There was no objection. non-hard-metric concrete masonry units. Total has the meaning given such terms in section installed price estimates shall be based, to the The SPEAKER pro tempore. The 304A of the Federal Property and Administrative extent available, on cost or pricing data or price question is on the motion offered by Services Act of 1949 (41 U.S.C. 254b); and analysis, using actual hard-metric and non- the gentleman from Pennsylvania [Mr. ‘‘(9) ‘Federal facility’ means any public build- hard-metric offers received for comparable exist- WALKER] that the House suspend the ing (as defined under section 13 of the Public ing projects. The head of the agency shall in- rules and pass the bill, H.R. 4233. Buildings Act of 1959 (40 U.S.C. 612) and shall clude in the writing required in this subsection include any Federal building or construction an explanation of the factors used to develop The question was taken; and (two- project— thirds having voted in favor thereof) the price estimates. ‘‘(A) on lands in the public domain; ‘‘(c) RECESSED LIGHTING FIXTURES.—In carry- the rules were suspended and the bill ‘‘(B) on lands used in connection with Federal ing out the policy set forth in section 3 (with was passed. programs for agriculture research, recreation, particular emphasis on the policy set forth in A motion to reconsider was laid on and conservation programs; paragraph (2) of that section) a Federal agency the table. ‘‘(C) on or used in connection with river, har- may require that specifications for the acquisi- bor, flood control, reclamation, or power f tion of structures or systems of recessed lighting projects; fixtures be expressed under the metric system of ‘‘(D) on or used in connection with housing CONCURRING IN SENATE AMEND- measurement, but may not incorporate specifica- and residential projects; tions, that can only be satisfied by hard-metric MENT TO H.R. 2799, SAVINGS IN ‘‘(E) on military installations (including any CONSTRUCTION ACT OF 1996 versions of recessed lighting fixtures, in a solici- fort, camp, post, naval training station, airfield, tation for design or construction of a Federal fa- Mr. WALKER. Mr. Speaker, I move proving ground, military supply depot, military cility within the United States or its territories to suspend the rules and concur in the school, or any similar facility of the Department unless the head of the agency determines in of Defense); Senate amendment to the bill (H.R. writing that— ‘‘(F) on installations of the Department of ‘‘(1) the predominant voluntary industry con- 2779) to provide for appropriate imple- Veteran Affairs used for hospital or domiciliary mentation of the Metric Conversion sensus standards include the use of hard-metric purposes; or for the items specified; or Act of 1975 in Federal construction ‘‘(G) on lands used in connection with Federal ‘‘(2) hard-metric specifications are necessary projects, and for other purposes. prisons, in a contract for the repair or replacement of The Clerk read as follows: but does not include (i) any Federal Building or parts of Federal facilities in existence or under Senate amendment: construction project the exclusion of which the construction upon the effective date of the Sav- Strike out all after the enacting clause and President deems to be justified in the public in- ings in Construction Act of 1996; or insert: terest, or (ii) any construction project or build- ‘‘(3) the following 2 criteria are met: September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12033 ‘‘(A) the application requires hard-metric re- ‘‘(5) Nothing in this section shall be construed Defense for the fiscal year ending Sep- cessed lighting fixtures to coordinate dimension- to supersede the bid protest process established tember 30, 1997, and for other purposes; ally into 100 millimeter building modules; and under subchapter V of chapter 35 of title 31, that all points of order against the con- ‘‘(B) the total installed price of hard-metric United States Code.’’. recessed lighting fixtures is estimated to be equal ference report and against its consider- SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS ation be waived; that the conference to or less than the total installed price of using PROVISIONS. non-hard-metric recessed lighting fixtures. Total (a) EFFECTIVE DATE.—This Act and the report be considered as read, and upon installed price estimates shall be based, to the amendments made by this Act shall take effect adoption of the conference report, not- extent available, on cost or pricing data or price 90 days after the date of enactment of this Act. withstanding any rule of the House to analysis, using actual hard-metric and non- (b) SAVINGS PROVISIONS.—This Act shall not the contrary, the bill, H.R. 4278, mak- hard-metric offers received for comparable exist- apply to contracts awarded and solicitations is- ing omnibus consolidated appropria- ing projects. The head of the agency shall in- sued on or before the effective date of this Act, tions for the fiscal year ending Sep- clude in the writing required in this subsection unless the head of a Federal agency makes a an explanation of the factors used to develop tember 30, 1997, and for other purposes, written determination in his or her sole discre- be considered as passed. the price estimates. tion that it would be in the public interest to ‘‘(d) LIMITATION.—The provisions of sub- apply one or more provisions of this Act or its The SPEAKER pro tempore. Is there sections (b) and (c) of this section shall not amendments to these existing contracts or solici- objection to the request of the gen- apply to Federal contracts to acquire construc- tations. tleman from Louisiana? tion products for the construction of facilities There was no objection. outside of the United States and its territories. The SPEAKER pro tempore. Pursu- ‘‘(e) EXPIRATION.—The provisions contained ant to the rule, the gentleman from f in subsections (b) and (c) of this section shall Pennsylvania [Mr. WALKER] and the FUNDING FOR TV MARTI IN expire 10 years from the effective date of the gentleman from California [Mr. BROWN] OMNIBUS APPROPRIATIONS BILL Savings in Construction Act of 1996.’’. will each control 20 minutes. SEC. 5. OMBUDSMAN. The Chair recognizes the gentleman (Mr. SKAGGS asked and was given Section 14 of the Metric Conversion Act of from Pennsylvania [Mr. WALKER]. permission to address the House for 1 1975, as added by section 4 of this Act, is further Mr. WALKER. Mr. Speaker, I yield minute and to revise and extend his re- amended by adding at the end the following marks.) new subsection: myself such time as I may consume. ‘‘(f) AGENCY OMBUDSMAN.—(1) The head of Mr. Speaker, we will be very brief on Mr. SKAGGS. Mr. Speaker, given the each executive agency that awards construction this. Mr. Speaker, this particular bill is business just concluded, we will be tak- contracts within the United States and its terri- exactly the same as the one that the ing up shortly a bill that includes es- tories shall designate a senior agency official to House just passed by voice vote that we sentially an omnibus appropriations serve as a construction metrication ombudsman considered earlier today, but the bill bill for the next fiscal year. It will who shall be responsible for reviewing and re- that we have before us in this form come as no surprise that some things sponding to complaints from prospective bidders, have survived in this pending omnibus subcontractors, suppliers, or their designated passed the Senate this afternoon with representatives related to— the same language. This is the final spending bill which are an absolute, ‘‘(A) guidance or regulations issued by the clearance of the bill to send it to the total, and incredible waste of money. agency on the use of the metric system of meas- President. This has been cleared by the At the top of that list is continued urement in contracts for the construction of minority, and I know of no controversy funding for TV Marti. Federal buildings; and in handling it this way. Mr. Speaker, this program is a fraud ‘‘(B) the use of the metric system of measure- Mr. BROWN of California. Mr. Speak- on the taxpayers. It purports to broad- ment for services and materials required for in- cast news about Cuba to Cuba from corporation in individual projects to construct er, I yield myself such time as I may Federal buildings. consume. south Florida. But the travesty is that The construction metrication ombudsman shall Mr. Speaker, I concur in the remarks no one, absolutely no one, sees these be independent of the contracting officer for of the gentleman from Pennsylvania broadcasts because of jamming by the construction contracts. [Mr. WALKER] and I urge that we pass Castro regime. ‘‘(2) The ombudsman shall be responsible for this bill for the third or fourth time. It Even though the Committee on Ap- ensuring that the agency is not implementing is identical to what we have passed be- propriations agreed on a 2 to 1 biparti- the metric system of measurement in a manner fore. san vote in the House to kill this boon- that is impractical or is likely to cause signifi- doggle, it is back. After throwing away cant inefficiencies or loss of markets to United Mr. Speaker, I yield back the balance States firms in violation of the policy stated in of my time. some $100 million over the last several section 3(2), or is otherwise inconsistent with Mr. WALKER. Mr. Speaker, I yield years on this failed experiment, we are guidance issued by the Secretary of Commerce back the balance of my time. about to blow another $12 million or in consultation with the Interagency Council on The SPEAKER pro tempore. The $15 million next year. Metric Policy while ensuring that the goals of question is on the motion offered by Mr. Speaker, this program continues the Metric Conversion Act of 1975 are observed. the gentleman from Pennsylvania [Mr. in spite of all evidence, three or four ‘‘(3) The ombudsman shall respond to each WALKER] that the House suspend the independent investigations, that it is a complaint in writing within 60 days and make a total flop. It is a shame, Mr. Speaker, recommendation to the head of the executive rules and concur in the Senate amend- agency for an appropriate resolution thereto. In ment to H.R. 2779. that this travesty continues. such a recommendation, the ombudsman shall The question was taken; and (two- f consider— thirds of those having voted in favor b ‘‘(A) whether the agency is adequately apply- therefore) the rules were suspended and 1845 ing the policies and procedures in this section; the Senate amendment was concurred ‘‘(B) whether the availability of hard-metric RECESS in. products and services from United States firms is The SPEAKER pro tempore (Mr. A motion to reconsider was laid on sufficient to ensure full and open competition; BURTON of Indiana). Pursuant to clause the table. and 12 of rule I, the Chair declares the ‘‘(C) the total installed price to the Federal f Government. House in recess until approximately 7 ‘‘(4) After the head of the agency has ren- PROVIDING FOR CONSIDERATION p.m. dered a decision regarding a recommendation of OF CONFERENCE REPORT ON Accordingly (at 6 o’clock and 45 min- the ombudsman, the ombudsman shall be re- H.R. 3610, DEPARTMENT OF DE- utes p.m.), the House stood in recess sponsible for communicating the decision to all until approximately 7 p.m. appropriate policy, design, planning, procure- FENSE APPROPRIATIONS ACT, f ment, and notifying personnel in the agency. 1997, AND PASSAGE OF H.R. 4278, OMNIBUS CONSOLIDATED APPRO- The ombudsman shall conduct appropriate mon- b 1902 itoring as required to ensure the decision is im- PRIATIONS ACT, 1997 plemented, and may submit further rec- Mr. LIVINGSTON. Mr. Speaker, I ask AFTER RECESS ommendations, as needed. The head of the agency’s decision on the ombudsman’s rec- unanimous consent that it be in order The recess having expired, the House ommendations, and any supporting documenta- to consider the conference report to ac- was called to order by the Speaker pro tion, shall be provided to affected parties and company the bill (H.R. 3610) making tempore [Mr. WALKER] at 7 o’clock and made available to the public in a timely manner. appropriations for the Department of 2 minutes p.m. H12034 CONGRESSIONAL RECORD — HOUSE September 28, 1996 THE JOURNAL Dornan Kennedy (RI) Pombo Wilson Wynn Zeliff Doyle Kennelly Pomeroy Wise Yates Zimmer The SPEAKER pro tempore. Pursu- Dreier Kildee Porter Wolf Young (AK) ant to clause 5, rule I, the pending Duncan Kim Portman Woolsey Young (FL) business is the question of agreeing to Dunn King Poshard Edwards Kingston Pryce NAYS—5 the Speaker’s approval of the Journal Ehlers Kleczka Quinn Chenoweth Radanovich Stockman of the last day’s proceedings. Ehrlich Klink Rahall Cooley Scarborough Pursuant to clause 1, rule I, the Jour- Engel Klug Ramstad English Knollenberg Rangel NOT VOTING—30 nal stands approved. Ensign Kolbe Reed Baker (LA) Dellums Heineman f Eshoo LaFalce Regula Berman Doolittle Lincoln Evans LaHood Richardson Bliley Durbin Markey ANNOUNCEMENT BY THE SPEAKER Everett Lantos Riggs Blumenauer Filner Menendez Ewing Largent Rivers Boucher Fowler Myers PRO TEMPORE Farr Latham Roberts Cardin Frank (MA) Quillen The SPEAKER pro tempore. Pursu- Fattah LaTourette Roemer Collins (MI) Gephardt Rose Fawell Laughlin Rogers Conyers Green (TX) Taylor (NC) ant to clause 5, rule I, the Chair will Fazio Lazio Rohrabacher Cubin Hancock Waters now put the question on each motion Fields (LA) Leach Ros-Lehtinen DeFazio Hayes Waxman to suspend the rules on which further Fields (TX) Levin Roth b 1925 proceedings were postponed earlier Flake Lewis (CA) Roukema Flanagan Lewis (GA) Roybal-Allard Messrs. RADANOVICH, today in the order in which that mo- Foglietta Lewis (KY) Royce tion was entertained, and then on the Foley Lightfoot Rush SCARBOROUGH, and STOCKMAN motion for the previous question on Forbes Linder Sabo changed their vote from ‘‘yea’’ to House Resolution 546. Ford Lipinski Salmon ‘‘nay.’’ Fox Livingston Sanders So (two-thirds having voted in favor Votes will be taken in the following Franks (CT) LoBiondo Sanford order: H.R. 1332 by the yeas and nays; Franks (NJ) Lofgren Sawyer thereof) the rules were suspended and H.R. 1363 by the yeas and nays; H.R. Frelinghuysen Longley Saxton the bill, as amended, was passed. 4236 by the yeas and nays; and the pre- Frisa Lowey Schaefer The result of the vote was announced Frost Lucas Schiff vious question on House Resolution as above recorded. Funderburk Luther Schroeder The SPEAKER pro tempore (Mr. 546, de novo. Furse Maloney Schumer The Chair will reduce to 5 minutes Gallegly Manton Scott WALKER). Without objection, a motion the time for any electronic vote after Ganske Manzullo Seastrand to reconsider is laid on the table. Gejdenson Martinez Sensenbrenner Mr. THOMAS. Mr. Speaker, I object. the first such vote in this series, except Gekas Martini Serrano The SPEAKER pro tempore. The on the last question listed. Geren Mascara Shadegg Gibbons Matsui Shaw Chair having voted on the prevailing f Gilchrest McCarthy Shays side will put the question on the mo- Gillmor McCollum Shuster OMNIBUS INSULAR AREAS ACT OF tion to reconsider the motion by which Gilman McCrery Sisisky the rules were suspended and the bill 1996 Gonzalez McDade Skaggs Goodlatte McDermott Skeen was passed. The SPEAKER pro tempore. The Goodling McHale Skelton The question was taken; and the pending business is the question of sus- Gordon McHugh Slaughter Speaker pro tempore announced that pending the rules and passing the bill, Goss McInnis Smith (MI) Graham McIntosh Smith (NJ) the noes appeared to have it. H.R. 1332, as amended. Greene (UT) McKeon Smith (TX) Mr. THOMAS. Mr. Speaker, I demand The Clerk read the title of the bill. Greenwood McKinney Smith (WA) a recorded vote. The SPEAKER pro tempore. The Gunderson McNulty Solomon The SPEAKER pro tempore. Those in question is on the motion offered by Gutierrez Meehan Souder Gutknecht Meek Spence favor of a recorded vote will please the gentleman from California [Mr. Hall (OH) Metcalf Spratt stand. GALLEGLY] that the House suspend the Hall (TX) Meyers Stark An insufficient number having aris- rules and pass the bill, H.R. 1332, as Hamilton Mica Stearns en, a recorded vote is refused. Hansen Millender- Stenholm amended, on which the yeas and nays Harman McDonald Stokes The motion to reconsider is not are ordered. Hastert Miller (CA) Studds agreed to. The vote was taken by electronic de- Hastings (FL) Miller (FL) Stump f vice, and there were—yeas 398, nays 5, Hastings (WA) Minge Stupak Hayworth Mink Talent not voting 30, as follows: ANNOUNCEMENT BY THE SPEAKER Hefley Moakley Tanner PRO TEMPORE [Roll No. 451] Hefner Molinari Tate Herger Mollohan Tauzin YEAS—398 The SPEAKER pro tempore. Pursu- Hilleary Montgomery Taylor (MS) ant to the provisions of clause 5 of rule Abercrombie Bonior Clyburn Hilliard Moorhead Tejeda Ackerman Bono Coble Hinchey Moran Thomas I, the Chair announces he will reduce Allard Borski Coburn Hobson Morella Thompson to a minimum of 5 minutes the period Andrews Brewster Coleman Hoekstra Murtha Thornberry of time within which a vote by elec- Archer Browder Collins (GA) Hoke Myrick Thornton Armey Brown (CA) Collins (IL) Holden Nadler Thurman tronic device may be taken on each ad- Bachus Brown (FL) Combest Horn Neal Tiahrt ditional motion to suspend the rules on Baesler Brown (OH) Condit Hostettler Nethercutt Torkildsen which the Chair has postponed further Baker (CA) Brownback Costello Houghton Neumann Torres proceedings. Baldacci Bryant (TN) Cox Hoyer Ney Torricelli Ballenger Bryant (TX) Coyne Hunter Norwood Towns f Barcia Bunn Cramer Hutchinson Nussle Traficant Barr Bunning Crane Hyde Oberstar Upton TREATMENT OF CERTAIN FED- Barrett (NE) Burr Crapo Inglis Obey Velazquez ERAL EMPLOYEES AT FEDERAL Barrett (WI) Burton Cremeans Istook Olver Vento HYDROELECTRIC FACILITY ON Bartlett Buyer Cummings Jackson (IL) Ortiz Visclosky Barton Callahan Cunningham Jackson-Lee Orton Volkmer COLUMBIA RIVER Bass Calvert Danner (TX) Owens Vucanovich The SPEAKER pro tempore. The Bateman Camp Davis Jacobs Oxley Walker pending business is the question of sus- Becerra Campbell de la Garza Jefferson Packard Walsh Beilenson Canady Deal Johnson (CT) Pallone Wamp pending the rules and passing the bill, Bentsen Castle DeLauro Johnson (SD) Parker Ward H.R. 3163. Bereuter Chabot DeLay Johnson, E. B. Pastor Watt (NC) The Clerk read the title of the bill. Bevill Chambliss Deutsch Johnson, Sam Paxon Watts (OK) Bilbray Chapman Diaz-Balart Johnston Payne (NJ) Weldon (FL) The SPEAKER pro tempore. The Bilirakis Christensen Dickey Jones Payne (VA) Weldon (PA) question is on the motion offered by Bishop Chrysler Dicks Kanjorski Pelosi Weller the gentleman from Pennsylvania [Mr. Blute Clay Dingell Kaptur Peterson (FL) White GEKAS] that the House suspend the Boehlert Clayton Dixon Kasich Peterson (MN) Whitfield Boehner Clement Doggett Kelly Petri Wicker rules and pass the bill, H.R. 3163, on Bonilla Clinger Dooley Kennedy (MA) Pickett Williams which the yeas and nays are ordered. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12035 This will be a 5-minute vote. Gephardt McCarthy Sawyer The SPEAKER pro tempore. The Geren McHale Scarborough The vote was taken by electronic de- Gibbons McKinney Schiff question is on the motion offered by vice, and there were—yeas 199, nays Gonzalez McNulty Schroeder the gentleman from Alaska [Mr. 209, not voting 25, as follows: Gordon Meehan Schumer YOUNG] that the House suspend the Gutierrez Meek Scott rules and pass the bill, H.R. 4236, as [Roll No. 452] Gutknecht Millender- Sensenbrenner YEAS—199 Hall (OH) McDonald Serrano amended, on which the yeas and nays Hamilton Miller (CA) Shays are ordered. Allard Frisa Meyers Harman Minge Skaggs Archer Gallegly Mica This is a 5-minute vote. Hastings (FL) Mink Skeen Armey Ganske Miller (FL) Hefner Moakley Skelton The vote was taken by electronic de- Bachus Gekas Molinari Hilliard Mollohan Slaughter vice, and there were—yeas 404, nays 4, Baker (CA) Gilchrest Morella Hinchey Montgomery Smith (MI) Ballenger Gillmor Myrick not voting 25, as follows: Holden Moorhead Souder Barr Gilman Nethercutt Hoyer Moran Spence [Roll No. 453] Barrett (NE) Goodlatte Neumann Jackson (IL) Murtha Spratt YEAS—404 Bartlett Goodling Ney Jackson-Lee Nadler Stark Barton Goss Norwood Abercrombie Davis Hilleary (TX) Neal Stearns Bass Graham Nussle Ackerman de la Garza Hilliard Jacobs Oberstar Stenholm Bateman Greene (UT) Oxley Allard Deal Hinchey Jefferson Obey Stokes Bentsen Greenwood Packard Andrews DeFazio Hobson Johnson (CT) Olver Studds Bereuter Gunderson Paxon Archer DeLauro Hoekstra Johnson (SD) Ortiz Stump Bilirakis Hall (TX) Petri Armey DeLay Hoke Johnson, E. B. Orton Stupak Bishop Hansen Pombo Bachus Deutsch Holden Johnston Owens Tanner Bliley Hastert Porter Baesler Diaz-Balart Horn Jones Pallone Taylor (MS) Blute Hastings (WA) Portman Baker (CA) Dickey Hostettler Kanjorski Parker Tejeda Boehlert Hayworth Pryce Baldacci Dicks Houghton Kaptur Pastor Thomas Boehner Hefley Quinn Ballenger Dingell Hoyer Kennedy (MA) Payne (NJ) Thompson Bonilla Herger Radanovich Barcia Dixon Hunter Kennedy (RI) Payne (VA) Thornton Bono Hilleary Regula Barr Doggett Hutchinson Kennelly Pelosi Thurman Brewster Hobson Roberts Barrett (NE) Dooley Hyde Kildee Peterson (FL) Torkildsen Brownback Hoekstra Rogers Barrett (WI) Dornan Inglis Kleczka Peterson (MN) Torres Bryant (TN) Hoke Rohrabacher Bartlett Doyle Istook Klink Pickett Torricelli Bunn Horn Ros-Lehtinen Barton Dreier Jackson (IL) Klug Pomeroy Towns Bunning Hostettler Roth Bass Duncan Jackson-Lee LaFalce Poshard Velazquez Buyer Houghton Roukema Bateman Dunn (TX) Lantos Rahall Vento Calvert Hunter Royce Becerra Edwards Jacobs Levin Ramstad Visclosky Camp Hutchinson Sanford Beilenson Ehlers Jefferson Lewis (GA) Rangel Volkmer Canady Hyde Saxton Bentsen Ehrlich Johnson (CT) Lipinski Reed Ward Chabot Inglis Schaefer Bereuter Engel Johnson (SD) Lofgren Richardson Watt (NC) Christensen Istook Seastrand Bevill English Johnson, E. B. Longley Riggs Williams Chrysler Johnson, Sam Shadegg Bilbray Ensign Johnson, Sam Lowey Rivers Wilson Clinger Kasich Shaw Bilirakis Eshoo Johnston Luther Roemer Wise Coble Kelly Shuster Bishop Evans Jones Maloney Roybal-Allard Woolsey Coburn Kim Sisisky Bliley Everett Kanjorski Manton Rush Wynn Collins (GA) King Smith (NJ) Blute Ewing Kaptur Markey Sabo Yates Combest Kingston Smith (TX) Boehlert Farr Kasich Mascara Salmon Cox Knollenberg Smith (WA) Boehner Fattah Kelly Matsui Sanders Crapo Kolbe Solomon Bonilla Fawell Kennedy (MA) Cremeans LaHood Stockman NOT VOTING—25 Bonior Fazio Kennedy (RI) Cubin Largent Talent Bono Fields (LA) Kennelly Cunningham Latham Tate Baker (LA) Durbin Menendez Borski Fields (TX) Kildee Davis LaTourette Tauzin Berman Filner Myers Brewster Flake Kim Deal Laughlin Thornberry Blumenauer Fowler Quillen Browder Flanagan King DeLay Lazio Tiahrt Boucher Frank (MA) Rose Brown (CA) Foglietta Kingston Diaz-Balart Leach Traficant Cardin Green (TX) Taylor (NC) Brown (FL) Foley Kleczka Dicks Lewis (CA) Upton Collins (MI) Hancock Waters Brown (OH) Forbes Klink Dornan Lewis (KY) Vucanovich Conyers Hayes Waxman Brownback Ford Klug Dreier Lightfoot Walker Dellums Heineman Bryant (TN) Fox Knollenberg Duncan Linder Walsh Doolittle Lincoln Bryant (TX) Franks (CT) Kolbe Dunn Livingston Wamp Mrs. JOHNSON of Connecticut Bunn Franks (NJ) LaFalce Ehlers LoBiondo Watts (OK) Bunning Frelinghuysen LaHood Ehrlich Lucas Weldon (FL) changed her vote from ‘‘yea’’ to ‘‘nay.’’ Burr Frisa Lantos English Manzullo Weldon (PA) So (two-thirds having not voted in Burton Frost Largent Ensign Martinez Weller favor thereof) the motion was rejected. Buyer Funderburk Latham Ewing Martini White The result of the vote was announced Callahan Furse LaTourette Fawell McCollum Whitfield Calvert Gallegly Laughlin Fields (TX) McCrery Wicker as above recorded. Camp Ganske Lazio Flanagan McDade Wolf Mr. THOMAS. I object. Campbell Gejdenson Leach Foley McDermott Young (AK) The SPEAKER pro tempore (Mr. Canady Gekas Levin Forbes McHugh Young (FL) Castle Gephardt Lewis (CA) Fox McInnis Zeliff WALKER). I would say to the gentleman Chabot Geren Lewis (GA) Franks (CT) McIntosh Zimmer from California [Mr. THOMAS] there is Chambliss Gibbons Lewis (KY) Franks (NJ) McKeon no unanimous-consent request on the Chapman Gilchrest Lightfoot Frelinghuysen Metcalf Christensen Gillmor Linder floor to object to. Chrysler Gilman Lipinski NAYS—209 Mr. THOMAS. Did the Speaker not Clay Gonzalez Livingston Abercrombie Castle Dickey ask that there be no objection to sus- Clayton Goodlatte LoBiondo Ackerman Chambliss Dingell pending the rules and placing it on the Clement Goodling Lofgren Clinger Gordon Longley Andrews Chapman Dixon table? Baesler Chenoweth Doggett Clyburn Goss Lowey Baldacci Clay Dooley The SPEAKER pro tempore. The Coble Graham Lucas Barcia Clayton Doyle Chair has not made such a statement. Coleman Greene (UT) Luther Barrett (WI) Clement Edwards On a negative vote on a motion to sus- Collins (GA) Greenwood Maloney Becerra Clyburn Engel Collins (IL) Gunderson Manton Beilenson Coleman Eshoo pend the rules, there is no motion to Combest Gutierrez Manzullo Bevill Collins (IL) Evans reconsider. Condit Gutknecht Markey Bilbray Condit Everett Cooley Hall (OH) Martinez Bonior Cooley Farr f Costello Hall (TX) Martini Borski Costello Fattah Cox Hamilton Mascara Browder Coyne Fazio OMNIBUS PARKS AND PUBLIC Coyne Hansen Matsui Brown (CA) Cramer Fields (LA) LANDS MANAGEMENT ACT OF 1996 Cramer Harman McCarthy Brown (FL) Crane Flake Crane Hastert McCollum Brown (OH) Cummings Foglietta The SPEAKER pro tempore. The Crapo Hastings (FL) McCrery Bryant (TX) Danner Ford pending business is the question of sus- Cremeans Hastings (WA) McDade Cubin Hayworth McDermott Burr de la Garza Frost pending the rules and passing the bill, Burton DeFazio Funderburk Cummings Hefley McHale Callahan DeLauro Furse H.R. 4236, as amended. Cunningham Hefner McHugh Campbell Deutsch Gejdenson The Clerk read the title of the bill. Danner Herger McInnis H12036 CONGRESSIONAL RECORD — HOUSE September 28, 1996 McIntosh Poshard Stark to lay on the table the motion to re- [Roll No. 454] McKeon Pryce Stearns McKinney Quinn Stenholm consider. YEAS—223 McNulty Radanovich Stokes The question was taken; and the Allard Funderburk Nethercutt Meehan Rahall Studds Speaker pro tempore announced that Armey Gallegly Neumann Meek Ramstad Stump Bachus Ganske Ney Metcalf Rangel Stupak the ayes appeared to have it. Baker (CA) Gilchrest Norwood Meyers Reed Talent Mr. THOMAS. Mr. Speaker, on that I Ballenger Gillmor Nussle Mica Regula Tanner demand the yeas and nays. Barr Gilman Oxley Millender- Richardson Tate Barrett (NE) Goodlatte Packard McDonald Riggs Tauzin The yeas and nays were refused. Bartlett Goodling Parker Miller (CA) Rivers Tejeda So the motion to lay the motion to Barton Goss Paxon Miller (FL) Roberts Thomas reconsider on the table was agreed to. Bass Graham Petri Minge Roemer Thompson Bateman Greene (UT) Pombo Mink Rogers Thornberry Bereuter Greenwood Porter Moakley Rohrabacher Thornton f Bilbray Gunderson Portman Molinari Ros-Lehtinen Thurman Bilirakis Gutknecht Pryce Mollohan Roth Tiahrt Bliley Hall (TX) Quinn Montgomery Roukema Torkildsen PROVIDING FOR CONSIDERATION Blute Hansen Radanovich Moorhead Roybal-Allard Torres OF CERTAIN RESOLUTIONS IN Boehlert Hastert Ramstad Moran Royce Torricelli Boehner Hastings (WA) Regula Morella Rush Towns PREPARATION FOR ADJOURN- Bonilla Hayworth Riggs Murtha Sabo Traficant MENT SINE DIE Bono Hefley Roberts Myrick Salmon Upton Brownback Herger Rogers Nadler Sanders Velazquez The SPEAKER pro tempore. The Bryant (TN) Hilleary Rohrabacher Neal Sanford Vento pending business is the question de Bunn Hobson Ros-Lehtinen Nethercutt Sawyer Visclosky novo on ordering the previous question Bunning Hoekstra Roth Neumann Saxton Volkmer Burr Hoke Roukema Ney Scarborough Vucanovich on House Resolution 546. Burton Horn Royce Norwood Schaefer Walker The Clerk read the title of the resolu- Buyer Hostettler Salmon Nussle Schiff Walsh tion. Callahan Houghton Sanford Oberstar Schroeder Wamp Calvert Hunter Saxton Obey Schumer Ward The SPEAKER pro tempore. The Camp Hyde Scarborough Olver Scott Watt (NC) question is on ordering the previous Campbell Inglis Schaefer Ortiz Seastrand Watts (OK) question. Canady Istook Schiff Orton Sensenbrenner Weldon (FL) Castle Johnson (CT) Seastrand Owens Serrano Weldon (PA) The question was taken; and the Chabot Johnson, Sam Sensenbrenner Oxley Shadegg Weller Speaker pro tempore announced that Chambliss Jones Shadegg Packard Shaw White the ayes appeared to have it. Chenoweth Kasich Shaw Pallone Shays Whitfield Christensen Kelly Shays Parker Shuster Wicker Mr. MOAKLEY. Mr. Speaker, I ask Chrysler Kim Shuster Pastor Sisisky Williams unanimous consent to insert material Clinger King Skeen Paxon Skaggs Wilson in the RECORD at this point. Coble Kingston Smith (MI) Payne (NJ) Skeen Wise Coburn Klug Smith (NJ) Payne (VA) Skelton Wolf The SPEAKER pro tempore. Is there Collins (GA) Knollenberg Smith (TX) Pelosi Slaughter Woolsey objection to the request of the gen- Combest Kolbe Smith (WA) Peterson (FL) Smith (MI) Wynn tleman from Massachusetts? Cooley LaHood Solomon Peterson (MN) Smith (NJ) Yates Cox Largent Souder Petri Smith (TX) Young (AK) There was no objection. Crane Latham Spence Pickett Smith (WA) Young (FL) The material referred to is as follows: Crapo LaTourette Stearns Pombo Solomon Zeliff Cremeans Laughlin Stockman Pomeroy Souder Zimmer Mr. MOAKLEY. Mr. Speaker, I urge a ``no'' Cubin Lazio Stump Porter Spence vote on the previous question. If the previous Cunningham Leach Talent Portman Spratt question is defeated, I will offer an amend- Davis Lewis (CA) Tate ment to the rule. This provision would require Deal Lewis (KY) Tauzin NAYS—4 DeLay Lightfoot Thomas Chenoweth Stockman that the 104th Congress be reconvened on the Diaz-Balart Linder Thornberry Coburn Taylor (MS) first Monday after the Special Counsel submits Dickey Livingston Tiahrt Dornan LoBiondo Torkildsen NOT VOTING—25 his report on the Speaker to the Investigative Subcommittee of the Committee on Standards Dreier Longley Upton Baker (LA) Durbin Menendez Duncan Lucas Vucanovich Berman Filner Myers of Official Conduct. This would ensure that Dunn Manzullo Walker Blumenauer Fowler Quillen Members of the 104th Congress have an op- Ehlers Martini Walsh Boucher Frank (MA) Rose portunity to act upon the findings of this spe- Ehrlich McCollum Wamp Cardin Green (TX) Taylor (NC) English McCrery Watts (OK) Collins (MI) Hancock Waters cial investigation. Ensign McDade Weldon (FL) Conyers Hayes Waxman I believe it is imperative that the House take Everett McHugh Weldon (PA) Dellums Heineman this action now to guarantee we can consider Ewing McInnis Weller Doolittle Lincoln Fawell McIntosh White the Special Counsel's report. Let me make it Fields (TX) McKeon Whitfield b 1946 clear to my colleagues, both Democrats and Flanagan Metcalf Wicker Republicans, that defeating the previous ques- Foley Meyers Wolf So (two-thirds having voted in favor Forbes Mica Young (AK) thereof) the rules were suspended and tion and adopting this amendment is the only Fox Miller (FL) Young (FL) the bill, as amended, was passed. way to guarantee that the 104th Congress will Franks (CT) Molinari Zeliff The result of the vote was announced be able to act on this matter. Franks (NJ) Moorhead Zimmer Frelinghuysen Morella as above recorded. I ask unanimous consent that the text of this Frisa Myrick The SPEAKER pro tempore (Mr. amendment be entered into the RECORD at NAYS—183 WALKER). Without objection, a motion this point in the debate. to reconsider is laid on the table. Vote ``no'' on the previous question. Abercrombie Bryant (TX) Dingell Ackerman Chapman Dixon Mr. THOMAS. Mr. Speaker, I object. At the end of the resolution add the follow- Andrews Clay Doggett Mr. REGULA. Mr. Speaker, I move to ing new section: Baesler Clayton Dooley Baldacci Clement Doyle reconsider the vote. ‘‘SEC. 10. The House of Representatives Barcia Clyburn Edwards MOTION TO TABLE OFFERED BY MR. HANSEN shall reconvene on the first Monday after the Barrett (WI) Coleman Engel Mr. HANSEN. Mr. Speaker, I offer a submission of the Special Counsel’s report on Becerra Collins (IL) Eshoo motion. Speaker Newt Gingrich to the Investigative Beilenson Condit Evans The SPEAKER pro tempore. The Subcommittee of the Committee on Stand- Bentsen Costello Farr ards of Official Conduct.’’ Bevill Coyne Fattah Clerk will report the motion. Bishop Cramer Fazio The Clerk read as follows: Mr. Speaker, on that I demand the Bonior Cummings Fields (LA) Mr. HANSEN moves to lay the motion to yeas and nays. Borski Danner Flake reconsider on the table. Brewster de la Garza Foglietta The yeas and nays were ordered. Browder DeFazio Ford The SPEAKER pro tempore. The The vote was taken by electronic de- Brown (CA) DeLauro Frost question is on the motion offered by vice, and there were—yeas 223, nays Brown (FL) Deutsch Furse Brown (OH) Dicks Gejdenson the gentleman from Utah [Mr. HANSEN] 183, not voting 27, as follows: September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12037 Gephardt Martinez Roemer bill (H.R. 3005) to amend the Federal TITLE IV—SECURITIES AND EXCHANGE Geren Mascara Roybal-Allard COMMISSION AUTHORIZATION Gibbons Matsui Rush securities laws in order to promote ef- Gonzalez McCarthy Sabo ficiency and capital formation in the Sec. 401. Short title. Gordon McDermott Sanders financial markets, and to amend the Sec. 402. Purposes. Gutierrez McHale Sawyer Investment Company Act of 1940 to Sec. 403. Authorization of appropriations. Hall (OH) McKinney Schroeder Sec. 404. Registration fees. Hamilton McNulty Schumer promote more efficient management of Sec. 405. Transaction fees. Harman Meehan Scott mutual funds, protect investors, and Sec. 406. Time for payment. Hastings (FL) Meek Serrano provide more effective and less burden- Sec. 407. Sense of the Congress concerning fees. Hefner Millender- Sisisky TITLE V—REDUCING THE COST OF SAVING Hilliard McDonald Skaggs some regulation: Hinchey Miller (CA) Skelton AND INVESTMENT Holden Minge Slaughter CONFERENCE REPORT Sec. 501. Exemption for economic, business, and Hoyer Mink Spratt industrial development companies. (H. REPT. 104–864) Hutchinson Moakley Stark Sec. 502. Intrastate closed-end investment com- Jackson (IL) Mollohan Stenholm The committee of conference on the dis- pany exemption. Jackson-Lee Montgomery Stokes Sec. 503. Definition of eligible portfolio com- (TX) Moran Studds agreeing votes of the two Houses on the Jacobs Murtha Stupak amendment of the Senate to the bill (H.R. pany. Jefferson Nadler Tanner 3005), to amend the Federal securities laws in Sec. 504. Definition of business development Johnson (SD) Neal Taylor (MS) order to promote efficiency and capital for- company. Johnson, E. B. Oberstar Tejeda mation in the financial markets, and to Sec. 505. Acquisition of assets by business devel- Johnston Obey Thompson amend the Investment Company Act of 1940 opment companies. Kanjorski Olver Thornton to promote more efficient management of Sec. 506. Capital structure amendments. Kaptur Ortiz Thurman Sec. 507. Filing of written statements. Kennedy (MA) Orton Torres mutual funds, protect investors, and provide more effective and less burdensome regula- Sec. 508. Church employee pension plans. Kennedy (RI) Owens Torricelli Sec. 509. Promoting global preeminence of Kennelly Pallone Towns tion, having met, after full and free con- Kildee Pastor Traficant ference, have agreed to recommend and do American securities markets. Kleczka Payne (NJ) Velazquez recommend to their respective Houses as fol- Sec. 510. Studies and reports. Klink Payne (VA) Vento lows: SEC. 2. DEFINITIONS. LaFalce Pelosi Visclosky That the House recede from its disagree- For purposes of this Act— Lantos Peterson (FL) Volkmer (1) the term ‘‘Commission’’ means the Securi- Levin Peterson (MN) Ward ment to the amendment of the Senate and agree to the same with an amendment as fol- ties and Exchange Commission; and Lewis (GA) Pickett Watt (NC) (2) the term ‘‘State’’ has the same meaning as Lipinski Pomeroy Williams lows: Lofgren Poshard Wilson In lieu of the matter proposed to be in- in section 3 of the Securities Exchange Act of Lowey Rahall Wise serted by the Senate amendment, insert the 1934. Luther Rangel Woolsey following: SEC. 3. SEVERABILITY. Maloney Reed Wynn SECTION 1. SHORT TITLE; TABLE OF CONTENTS. If any provision of this Act, an amendment Manton Richardson Yates made by this Act, or the application of such pro- (a) SHORT TITLE.—This Act may be cited as Markey Rivers vision or amendment to any person or cir- the ‘‘National Securities Markets Improvement NOT VOTING—27 cumstance is held to be unconstitutional, the re- Act of 1996’’. mainder of this Act, the amendments made by Archer Doolittle Heineman (b) TABLE OF CONTENTS.—The table of con- this Act, and the application of the provisions of Baker (LA) Durbin Lincoln tents of this Act is as follows: Berman Filner Menendez such to any person or circumstance shall not be Blumenauer Fowler Myers Sec. 1. Short title; table of contents. affected thereby. Boucher Frank (MA) Quillen Sec. 2. Definitions. TITLE I—CAPITAL MARKETS Cardin Gekas Rose Sec. 3. Severability. SEC. 101. SHORT TITLE. Collins (MI) Green (TX) Taylor (NC) TITLE I—CAPITAL MARKETS Conyers Hancock Waters This title may be cited as the ‘‘Capital Mar- Dellums Hayes Waxman Sec. 101. Short title. kets Efficiency Act of 1996’’. Sec. 102. Creation of national securities mar- b 2005 SEC. 102. CREATION OF NATIONAL SECURITIES kets. MARKETS. So the previous question was ordered. Sec. 103. Broker-dealer exemptions from State (a) IN GENERAL.—Section 18 of the Securities The result of the vote was announced law. Act of 1933 (15 U.S.C. 77r) is amended to read as as above recorded. Sec. 104. Broker-dealer funding. follows: Sec. 105. Exemptive authority. The SPEAKER pro tempore (Mr. ‘‘SEC. 18. EXEMPTION FROM STATE REGULATION WALKER). The question is on the reso- Sec. 106. Promotion of efficiency, competition, OF SECURITIES OFFERINGS. lution. and capital formation. ‘‘(a) SCOPE OF EXEMPTION.—Except as other- The resolution was agreed to. Sec. 107. Privatization of EDGAR. wise provided in this section, no law, rule, regu- A motion to reconsider was laid on Sec. 108. Improving coordination of supervision. lation, or order, or other administrative action Sec. 109. Increased access to foreign business of any State or any political subdivision there- the table. information. The SPEAKER pro tempore. Pursu- of— ant to section 3 of House Resolution TITLE II—INVESTMENT COMPANY ACT ‘‘(1) requiring, or with respect to, registration AMENDMENTS or qualification of securities, or registration or 546, House Resolution 551 is adopted. Sec. 201. Short title. qualification of securities transactions, shall di- Pursuant to section 4 of House Reso- rectly or indirectly apply to a security that— lution 546, House Resolution 552 is Sec. 202. Funds of funds. Sec. 203. Flexible registration of securities. ‘‘(A) is a covered security; or adopted. Sec. 204. Facilitating use of current information ‘‘(B) will be a covered security upon comple- f in advertising. tion of the transaction; ‘‘(2) shall directly or indirectly prohibit, limit, REMOVAL OF NAME OF MEMBER Sec. 205. Variable insurance contracts. Sec. 206. Reports to the Commission and share- or impose any conditions upon the use of— AS COSPONSOR OF H.R. 4148 holders. ‘‘(A) with respect to a covered security de- Mr. FRANKS of New Jersey. Mr. Sec. 207. Books, records, and inspections. scribed in subsection (b), any offering document Sec. 208. Prohibition on deceptive investment that is prepared by or on behalf of the issuer; or Speaker, I ask unanimous consent to ‘‘(B) any proxy statement, report to share- remove the name of the gentleman company names. Sec. 209. Amendments to definitions. holders, or other disclosure document relating to from Nebraska [Mr. BARRETT] as a co- Sec. 210. Performance fees exemptions. a covered security or the issuer thereof that is sponsor of H.R. 4148. required to be and is filed with the Commission The SPEAKER pro tempore. Is there TITLE III—INVESTMENT ADVISERS or any national securities organization reg- objection to the request of the gen- SUPERVISION COORDINATION ACT istered under section 15A of the Securities Ex- tleman from New Jersey? Sec. 301. Short title. change Act of 1934, except that this subpara- There was no objection. Sec. 302. Funding for enhanced enforcement graph does not apply to the laws, rules, regula- priority. tions, or orders, or other administrative actions f Sec. 303. Improved supervision through State of the State of incorporation of the issuer; or CONFERENCE REPORT ON H.R. 3005, and Federal cooperation. ‘‘(3) shall directly or indirectly prohibit, limit, NATIONAL SECURITIES MARKETS Sec. 304. Interstate cooperation. or impose conditions, based on the merits of IMPROVEMENT ACT OF 1996 Sec. 305. Disqualification of convicted felons. such offering or issuer, upon the offer or sale of Sec. 306. Investor access to information. any security described in paragraph (1). Mr. BLILEY submitted the following Sec. 307. Continued State authority. ‘‘(b) COVERED SECURITIES.—For purposes of conference report and statement on the Sec. 308. Effective date. this section, the following are covered securities: H12038 CONGRESSIONAL RECORD — HOUSE September 28, 1996

‘‘(1) EXCLUSIVE FEDERAL REGISTRATION OF NA- ment of the Capital Markets Efficiency Act of SEC. 103. BROKER-DEALER EXEMPTIONS FROM TIONALLY TRADED SECURITIES.—A security is a 1996, filing or registration fees with respect to STATE LAW. covered security if such security is— securities or securities transactions shall con- (a) IN GENERAL.—Section 15 of the Securities ‘‘(A) listed, or authorized for listing, on the tinue to be collected in amounts determined pur- Exchange Act of 1934 (15 U.S.C. 78o) is amended New York Stock Exchange or the American suant to State law as in effect on the day before by adding at the end the following new sub- Stock Exchange, or listed on the National Mar- such date. section: ‘‘(h) LIMITATIONS ON STATE LAW.— ket System of the Nasdaq Stock Market (or any ‘‘(ii) SCHEDULE.—The fees required by this ‘‘(1) CAPITAL, MARGIN, BOOKS AND RECORDS, successor to such entities); subparagraph shall be paid, and all necessary BONDING, AND REPORTS.—No law, rule, regula- ‘‘(B) listed, or authorized for listing, on a na- supporting data on sales or offers for sales re- tion, or order, or other administrative action of tional securities exchange (or tier or segment quired under subparagraph (A), shall be re- any State or political subdivision thereof shall thereof) that has listing standards that the ported on the same schedule as would have been establish capital, custody, margin, financial re- Commission determines by rule (on its own ini- applicable had the issuer not relied on the ex- sponsibility, making and keeping records, bond- tiative or on the basis of a petition) are substan- emption provided in subsection (a). ing, or financial or operational reporting re- tially similar to the listing standards applicable ‘‘(C) AVAILABILITY OF PREEMPTION CONTIN- quirements for brokers, dealers, municipal secu- to securities described in subparagraph (A); or GENT ON PAYMENT OF FEES.— ‘‘(C) is a security of the same issuer that is rities dealers, government securities brokers, or ‘‘(i) IN GENERAL.—During the period begin- equal in seniority or that is a senior security to government securities dealers that differ from, ning on the date of enactment of the National or are in addition to, the requirements in those a security described in subparagraph (A) or (B). Securities Market Improvement Act of 1996 and ‘‘(2) EXCLUSIVE FEDERAL REGISTRATION OF IN- areas established under this title. The Commis- ending 3 years after that date of enactment, the VESTMENT COMPANIES.—A security is a covered sion shall consult periodically the securities securities commission (or any agency or office security if such security is a security issued by commissions (or any agency or office performing performing like functions) of any State may re- an investment company that is registered, or like functions) of the States concerning the ade- quire the registration of securities issued by any that has filed a registration statement, under quacy of such requirements as established under issuer who refuses to pay the fees required by the Investment Company Act of 1940. this title. subparagraph (B). ‘‘(3) SALES TO QUALIFIED PURCHASERS.—A se- ‘‘(2) DE MINIMIS TRANSACTIONS BY ASSOCIATED curity is a covered security with respect to the ‘‘(ii) DELAYS.—For purposes of this subpara- PERSONS.—No law, rule, regulation, or order, or offer or sale of the security to qualified pur- graph, delays in payment of fees or underpay- other administrative action of any State or po- chasers, as defined by the Commission by rule. ments of fees that are promptly remedied shall litical subdivision thereof may prohibit an asso- In prescribing such rule, the Commission may not constitute a refusal to pay fees. ciated person of a broker or dealer from affect- define the term ‘qualified purchaser’ differently ‘‘(D) FEES NOT PERMITTED ON LISTED SECURI- ing a transaction described in paragraph (3) for with respect to different categories of securities, TIES.—Notwithstanding subparagraphs (A), (B), a customer in such State if— consistent with the public interest and the pro- and (C), no filing or fee may be required with ‘‘(A) such associated person is not ineligible to tection of investors. respect to any security that is a covered security register with such State for any reason other ‘‘(4) EXEMPTION IN CONNECTION WITH CERTAIN pursuant to subsection (b)(1), or will be such a than such a transaction; EXEMPT OFFERINGS.—A security is a covered se- covered security upon completion of the trans- ‘‘(B) such associated person is registered with curity with respect to a transaction that is ex- action, or is a security of the same issuer that is a registered securities association and at least empt from registration under this title pursuant equal in seniority or that is a senior security to one State; and to— a security that is a covered security pursuant to ‘‘(C) the broker or dealer with which such per- ‘‘(A) paragraph (1) or (3) of section 4, and the subsection (b)(1). son is associated is registered with such State. issuer of such security files reports with the ‘‘(3) ENFORCEMENT OF REQUIREMENTS.—Noth- ‘‘(3) DESCRIBED TRANSACTIONS.— ‘‘(A) IN GENERAL.—A transaction is described Commission pursuant to section 13 or 15(d) of ing in this section shall prohibit the securities in this paragraph if— the Securities Exchange Act of 1934; commission (or any agency or office performing ‘‘(i) such transaction is effected— ‘‘(B) section 4(4); like functions) of any State from suspending the ‘‘(I) on behalf of a customer that, for 30 days ‘‘(C) section 3(a), other than the offer or sale offer or sale of securities within such State as a prior to the day of the transaction, maintained of a security that is exempt from such registra- result of the failure to submit any filing or fee an account with the broker or dealer; and tion pursuant to paragraph (4) or (11) of such required under law and permitted under this ‘‘(II) by an associated person of the broker or section, except that a municipal security that is section. dealer— exempt from such registration pursuant to para- ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(aa) to which the customer was assigned for graph (2) of such section is not a covered secu- tion, the following definitions shall apply: 14 days prior to the day of the transaction; and rity with respect to the offer or sale of such se- ‘‘(1) OFFERING DOCUMENT.—The term ‘offering ‘‘(bb) who is registered with a State in which curity in the State in which the issuer of such document’— the customer was a resident or was present for security is located; or ‘‘(A) has the meaning given the term ‘prospec- at least 30 consecutive days during the 1-year ‘‘(D) Commission rules or regulations issued tus’ in section 2(10), but without regard to the period prior to the day of the transaction; under section 4(2), except that this subpara- provisions of subparagraphs (A) and (B) of that ‘‘(ii) the transaction is effected— graph does not prohibit a State from imposing section; and ‘‘(I) on behalf of a customer that, for 30 days notice filing requirements that are substantially ‘‘(B) includes a communication that is not prior to the day of the transaction, maintains similar to those required by rule or regulation deemed to offer a security pursuant to a rule of an account with the broker or dealer; and under section 4(2) that are in effect on Septem- the Commission. ‘‘(II) during the period beginning on the date ber 1, 1996. on which such associated person files an appli- ‘‘(2) PREPARED BY OR ON BEHALF OF THE IS- ‘‘(c) PRESERVATION OF AUTHORITY.— cation for registration with the State in which SUER.—Not later than 6 months after the date of ‘‘(1) FRAUD AUTHORITY.—Consistent with this the transaction is effected and ending on the section, the securities commission (or any agen- enactment of the Securities Amendments Act of 1996, the Commission shall, by rule, define the earlier of— cy or office performing like functions) of any ‘‘(aa) 60 days after the date on which the ap- term ‘prepared by or on behalf of the issuer’ for State shall retain jurisdiction under the laws of plication is filed; or purposes of this section. such State to investigate and bring enforcement ‘‘(bb) the date on which such State notifies actions with respect to fraud or deceit, or un- ‘‘(3) STATE.—The term ‘State’ has the same the associated person that it has denied the ap- lawful conduct by a broker or dealer, in connec- meaning as in section 3 of the Securities Ex- plication for registration or has stayed the tion with securities or securities transactions. change Act of 1934. pendency of the application for cause. ‘‘(2) PRESERVATION OF FILING REQUIRE- ‘‘(4) SENIOR SECURITY.—For purposes of this ‘‘(B) RULES OF CONSTRUCTION.—For purposes MENTS.— paragraph, the term ‘senior security’ means any of subparagraph (A)(i)(II)— ‘‘(A) NOTICE FILINGS PERMITTED.—Nothing in bond, debenture, note, or similar obligation or ‘‘(i) each of up to 3 associated persons of a this section prohibits the securities commission instrument constituting a security and evidenc- broker or dealer who are designated to effect (or any agency or office performing like func- ing indebtedness, and any stock of a class hav- transactions during the absence or unavail- tions) of any State from requiring the filing of ing priority over any other class as to distribu- ability of the principal associated person for a any document filed with the Commission pursu- tion of assets or payment of dividends.’’. customer may be treated as an associated person ant to this title, together with annual or peri- (b) STUDY AND REPORT ON UNIFORMITY.—The to which such customer is assigned; and odic reports of the value of securities sold or of- Commission shall conduct a study, after con- ‘‘(ii) if the customer is present in another fered to be sold to persons located in the State sultation with States, issuers, brokers, and deal- State for 30 or more consecutive days or has per- (if such sales data is not included in documents ers, on the extent to which uniformity of State manently changed his or her residence to an- filed with the Commission), solely for notice regulatory requirements for securities or securi- other State, a transaction is not described in purposes and the assessment of any fee, together ties transactions has been achieved for securities this paragraph, unless the association person of with a consent to service of process and any re- that are not covered securities (within the the broker or dealer files an application for reg- quired fee. meaning of section 18 of the Securities Act of istration with such State not later than 10 busi- ‘‘(B) PRESERVATION OF FEES.— 1933, as amended by paragraph (1) of this sub- ness days after the later of the date of the trans- ‘‘(i) IN GENERAL.—Until otherwise provided by section). Not later than 1 year after the date of action, or the date of the discovery of the pres- law, rule, regulation, or order, or other adminis- enactment of this Act, the Commission shall sub- ence of the customer in the other State for 30 or trative action of any State, or any political sub- mit a report to the Congress on the results of more consecutive days or the change in the cus- division thereof, adopted after the date of enact- such study. tomer’s residence.’’. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12039

(b) TECHNICAL AMENDMENT.—Section 28(a) of ‘‘(C) to or for a member of a national securi- ‘‘(b) CONSIDERATION OF PROMOTION OF EFFI- the Securities Exchange Act of 1934 (15 U.S.C. ties exchange or a registered broker or dealer— CIENCY, COMPETITION, AND CAPITAL FORMA- 78bb(a)) is amended by striking ‘‘Nothing’’ and ‘‘(i) a substantial portion of whose business TION.—Whenever pursuant to this title the Com- inserting ‘‘Except as otherwise specifically pro- consists of transactions with persons other than mission is engaged in rulemaking and is re- vided in this title, nothing’’. brokers or dealers; or quired to consider or determine whether an ac- SEC. 104. BROKER-DEALER FUNDING. ‘‘(ii) to finance its activities as a market tion is necessary or appropriate in the public in- (a) MARGIN REQUIREMENTS.— maker or an underwriter; terest, the Commission shall also consider, in ‘‘(D) by a bank on a security other than an (1) EXTENSIONS OF CREDIT BY BROKER-DEAL- addition to the protection of investors, whether equity security; or ERS.—Section 7(c) of the Securities Exchange the action will promote efficiency, competition, ‘‘(E) as the Board shall, by such rules, regula- Act of 1934 (15 U.S.C. 78g(c)) is amended to read and capital formation.’’. tions, or orders as it may deem necessary or ap- as follows: (b) SECURITIES EXCHANGE ACT of 1934.—Sec- propriate in the public interest or for the protec- ‘‘(c) UNLAWFUL CREDIT EXTENSION TO CUS- tion 3 of the Securities Exchange Act of 1934 (15 tion of investors, exempt, either unconditionally TOMERS.— U.S.C. 78c) is amended by adding at the end the or upon specified terms and conditions or for ‘‘(1) PROHIBITION.—It shall be unlawful for following new subsection: stated periods, from the operation of this sub- any member of a national securities exchange or ‘‘(f) CONSIDERATION OF PROMOTION OF EFFI- section and the rules and regulations there- any broker or dealer, directly or indirectly, to CIENCY, COMPETITION, AND CAPITAL FORMA- under. extend or maintain credit or arrange for the ex- TION.—Whenever pursuant to this title the Com- ‘‘(3) BOARD AUTHORITY.—The Board may im- tension or maintenance of credit to or for any mission is engaged in rulemaking, or in the re- pose such rules and regulations, in whole or in customer— view of a rule of a self-regulatory organization, part, on any credit otherwise exempted by sub- ‘‘(A) on any security (other than an exempted and is required to consider or determine whether paragraph (C) if it determines that such action security), in contravention of the rules and reg- an action is necessary or appropriate in the is necessary or appropriate in the public interest ulations which the Board of Governors of the public interest, the Commission shall also con- or for the protection of investors.’’. Federal Reserve System (hereafter in this section sider, in addition to the protection of investors, (b) BORROWING BY MEMBERS, BROKERS, AND referred to as the ‘Board’) shall prescribe under whether the action will promote efficiency, com- DEALERS.—Section 8 of the Securities Exchange subsections (a) and (b); and petition, and capital formation.’’. Act of 1934 (15 U.S.C. 78h) is amended— (c) INVESTMENT COMPANY ACT of 1940.—Sec- ‘‘(B) without collateral or on any collateral (1) by striking subsection (a); and other than securities, except in accordance with tion 2 of the Investment Company Act of 1940 (2) by redesignating subsections (b) and (c) as (15 U.S.C. 80a–2) is amended by adding at the such rules and regulations as the Board may subsections (a) and (b), respectively. prescribe— end the following new subsection: SEC. 105. EXEMPTIVE AUTHORITY. ‘‘(c) CONSIDERATION OF PROMOTION OF EFFI- ‘‘(i) to permit under specified conditions and (a) GENERAL EXEMPTIVE AUTHORITY UNDER CIENCY, COMPETITION, AND CAPITAL FORMA- for a limited period any such member, broker, or THE SECURITIES ACT OF 1933.—Title I of the Se- TION.—Whenever pursuant to this title the Com- dealer to maintain a credit initially extended in curities Act of 1933 (15 U.S.C. 77a et seq.) is mission is engaged in rulemaking and is re- conformity with the rules and regulations of the amended by adding at the end the following quired to consider or determine whether an ac- Board; and new section: ‘‘(ii) to permit the extension or maintenance of tion is consistent with the public interest, the ‘‘SEC. 28. GENERAL EXEMPTIVE AUTHORITY. credit in cases where the extension or mainte- Commission shall also consider, in addition to ‘‘The Commission, by rule or regulation, may nance of credit is not for the purpose of pur- the protection of investors, whether the action conditionally or unconditionally exempt any chasing or carrying securities or of evading or will promote efficiency, competition, and capital person, security, or transaction, or any class or circumventing the provisions of subparagraph formation.’’. classes of persons, securities, or transactions, (A). SEC. 107. PRIVATIZATION OF EDGAR. from any provision or provisions of this title or ‘‘(2) EXCEPTION.—This subsection and the (a) EXAMINATION.—The Commission shall ex- of any rule or regulation issued under this title, rules and regulations issued under this sub- amine proposals for the privatization of the to the extent that such exemption is necessary section shall not apply to any credit extended, EDGAR system. Such examination shall promote or appropriate in the public interest, and is con- maintained, or arranged by a member of a na- competition in the automation and rapid collec- sistent with the protection of investors.’’. tional securities exchange or a broker or dealer tion and dissemination of information required (b) GENERAL EXEMPTIVE AUTHORITY UNDER to or for a member of a national securities ex- to be disclosed. Such examination shall include THE SECURITIES EXCHANGE ACT OF 1934.—Title I proposals that maintain free public access to change or a registered broker or dealer— of the Securities Exchange Act of 1934 (15 U.S.C. ‘‘(A) a substantial portion of whose business data filings in the EDGAR system. 78a et seq.) is amended by adding at the end the (b) REPORT.—Not later than 180 days after the consists of transactions with persons other than following new section: brokers or dealers; or date of enactment of this Act, the Commission ‘‘(B) to finance its activities as a market ‘‘SEC. 36. GENERAL EXEMPTIVE AUTHORITY. shall submit to the Congress a report on the ex- ‘‘(a) AUTHORITY.— maker or an underwriter; amination under subsection (a). Such report ‘‘(1) IN GENERAL.—Except as provided in sub- shall include such recommendations for such except that the Board may impose such rules section (b), but notwithstanding any other pro- legislative action as may be necessary to imple- and regulations, in whole or in part, on any vision of this title, the Commission, by rule, reg- ment the proposal that the Commission deter- credit otherwise exempted by this paragraph if ulation, or order, may conditionally or uncondi- mines most effectively achieves the objectives de- the Board determines that such action is nec- tionally exempt any person, security, or trans- scribed in subsection (a). essary or appropriate in the public interest or action, or any class or classes of persons, securi- SEC. 108. IMPROVING COORDINATION OF SUPER- for the protection of investors.’’. ties, or transactions, from any provision or pro- VISION. (2) EXTENSIONS OF CREDIT BY OTHER LEND- visions of this title or of any rule or regulation Section 17 of the Securities Exchange Act of ERS.—Section 7(d) of the Securities Exchange thereunder, to the extent that such exemption is 1934 (15 U.S.C. 78q) is amended by adding at the Act of 1934 (78 U.S.C. 78g(d)) is amended to read necessary or appropriate in the public interest, end the following new subsection: as follows: and is consistent with the protection of inves- ‘‘(i) COORDINATION OF EXAMINING AUTHORI- ‘‘(d) UNLAWFUL CREDIT EXTENSION IN VIOLA- tors. TIES.— TION OF RULES AND REGULATIONS; EXCEPTION ‘‘(2) PROCEDURES.—The Commission shall, by ‘‘(1) ELIMINATION OF DUPLICATION.—The Com- TO APPLICATION OF RULES, ETC.— rule or regulation, determine the procedures mission and the examining authorities, through ‘‘(1) PROHIBITION.—It shall be unlawful for under which an exemptive order under this sec- cooperation and coordination of examination any person not subject to subsection (c) to ex- tion shall be granted and may, in its sole discre- and oversight activities, shall eliminate any un- tend or maintain credit or to arrange for the ex- tion, decline to entertain any application for an necessary and burdensome duplication in the tension or maintenance of credit for the purpose order of exemption under this section. examination process. of purchasing or carrying any security, in con- ‘‘(b) LIMITATION.—The Commission may not, ‘‘(2) COORDINATION OF EXAMINATIONS.—The travention of such rules and regulations as the under this section, exempt any person, security, Commission and the examining authorities shall Board shall prescribe to prevent the excessive or transaction, or any class or classes of per- share such information, including reports of ex- use of credit for the purchasing or carrying of or sons, securities, or transactions from section 15C aminations, customer complaint information, trading in securities in circumvention of the or the rules or regulations issued thereunder or and other nonpublic regulatory information, as other provisions of this section. Such rules and (for purposes of section 15C and the rules and appropriate to foster a coordinated approach to regulations may impose upon all loans made for regulations issued thereunder) from any defini- regulatory oversight of brokers and dealers that the purpose of purchasing or carrying securities tion in paragraph (42), (43), (44), or (45) of sec- are subject to examination by more than one ex- limitations similar to those imposed upon mem- tion 3(a).’’. amining authority. bers, brokers, or dealers by subsection (c) and SEC. 106. PROMOTION OF EFFICIENCY, COMPETI- ‘‘(3) EXAMINATIONS FOR CAUSE.—At any time, the rules and regulations thereunder. TION, AND CAPITAL FORMATION. any examining authority may conduct an exam- ‘‘(2) EXCEPTIONS.—This subsection and the (a) SECURITIES ACT OF 1933.—Section 2 of the ination for cause of any broker or dealer subject rules and regulations issued under this sub- Securities Act of 1933 (15 U.S.C. 77b) is amend- to its jurisdiction. section shall not apply to any credit extended, ed— ‘‘(4) CONFIDENTIALITY.— maintained, or arranged— (1) by inserting ‘‘(a) DEFINITIONS.—’’ after ‘‘(A) IN GENERAL.—Section 24 shall apply to ‘‘(A) by a person not in the ordinary course of ‘‘SEC. 2.’’; and the sharing of information in accordance with business; (2) by adding at the end the following new this subsection. The Commission shall take ap- ‘‘(B) on an exempted security; subsection: propriate action under section 24(c) to ensure H12040 CONGRESSIONAL RECORD — HOUSE September 28, 1996 that such information is not inappropriately ‘‘(IV) the acquired company has a policy that from bringing an action to enforce the require- disclosed. prohibits it from acquiring any securities of reg- ments of paragraph (2). ‘‘(B) APPROPRIATE DISCLOSURE NOT PROHIB- istered open-end investment companies or reg- ‘‘(4) RULEMAKING AUTHORITY.—The Commis- ITED.—Nothing in this paragraph authorizes the istered unit investment trusts in reliance on this sion may adopt rules and regulations to imple- Commission or any examining authority to with- subparagraph or subparagraph (F); and ment this subsection.’’. hold information from the Congress, or prevent ‘‘(V) such acquisition is not in contravention (c) EFFECTIVE DATE.—The amendments made the Commission or any examining authority of such rules and regulations as the Commission by this section shall become effective on the ear- from complying with a request for information may from time to time prescribe with respect to lier of— from any other Federal department or agency acquisitions in accordance with this subpara- (1) 1 year after the date of enactment of this requesting the information for purposes within graph, as necessary and appropriate for the pro- Act; or the scope of its jurisdiction, or complying with tection of investors. (2) the effective date of final rules or regula- an order of a court of the United States in an ‘‘(ii) For purposes of this subparagraph, the tions issued in accordance with section 24(f) of action brought by the United States or the Com- term ‘group of investment companies’ means any the Investment Company Act of 1940, as amend- mission. 2 or more registered investment companies that ed by this section. ‘‘(5) DEFINITION.—For purposes of this sub- hold themselves out to investors as related com- SEC. 204. FACILITATING USE OF CURRENT INFOR- section, the term ‘examining authority’ means a panies for purposes of investment and investor MATION IN ADVERTISING. self-regulatory organization registered with the services.’’; and Section 24 of the Investment Company Act of Commission under this title (other than a reg- (5) by adding at the end the following new 1940 (15 U.S.C. 80a–24) is amended by adding at istered clearing agency) with the authority to subparagraph: the end the following new subsection: examine, inspect, and otherwise oversee the ac- ‘‘(J) The Commission, by rule or regulation, ‘‘(g) ADDITIONAL PROSPECTUSES.—In addition tivities of a registered broker or dealer.’’. upon its own motion or by order upon applica- to any prospectus permitted or required by sec- SEC. 109. INCREASED ACCESS TO FOREIGN BUSI- tion, may conditionally or unconditionally ex- tion 10(a) of the Securities Act of 1933, the Com- NESS INFORMATION. empt any person, security, or transaction, or mission shall permit, by rules or regulations Not later than 1 year after the date of enact- any class or classes of persons, securities, or deemed necessary or appropriate in the public ment of this Act, the Commission shall adopt transactions from any provision of this sub- interest or for the protection of investors, the rules under the Securities Act of 1933 concerning section, if and to the extent that such exemption use of a prospectus for purposes of section the status under the registration provisions of is consistent with the public interest and the 5(b)(1) of that Act with respect to securities is- the Securities Act of 1933 of foreign press con- protection of investors.’’. sued by a registered investment company. Such ferences and foreign press releases by persons SEC. 203. FLEXIBLE REGISTRATION OF SECURI- a prospectus, which may include information engaged in the offer and sale of securities. TIES. the substance of which is not included in the TITLE II—INVESTMENT COMPANY ACT (a) AMENDMENTS TO REGISTRATION STATE- prospectus specified in section 10(a) of the Secu- AMENDMENTS MENTS.—Section 24(e) of the Investment Com- rities Act of 1933, shall be deemed to be per- SEC. 201. SHORT TITLE. pany Act of 1940 (15 U.S.C. 80a–24(e)) is amend- mitted by section 10(b) of that Act.’’. ed— This title may be cited as the ‘‘Investment SEC. 205. VARIABLE INSURANCE CONTRACTS. Company Act Amendments of 1996’’. (1) by striking paragraphs (1) and (2); (2) by striking ‘‘(3) For’’ and inserting ‘‘For’’; (a) UNIT INVESTMENT TRUST TREATMENT.— SEC. 202. FUNDS OF FUNDS. and Section 26 of the Investment Company Act of Section 12(d)(1) of the Investment Company (3) by striking ‘‘pursuant to this subsection or 1940 (15 U.S.C. 80a–26) is amended by adding at Act of 1940 (15 U.S.C. 80a–12(d)(1)) is amended— otherwise’’. the end the following new subsection: (1) in subparagraph (E)(iii)— (b) REGISTRATION OF INDEFINITE AMOUNT OF ‘‘(e) EXEMPTION.— (A) by striking ‘‘in the event such investment SECURITIES.—Section 24(f) of the Investment ‘‘(1) IN GENERAL.—Subsection (a) does not company is not a registered investment com- Company Act of 1940 (15 U.S.C. 80a–24(f)) is apply to any registered separate account fund- pany,’’; and ing variable insurance contracts, or to the spon- (B) by inserting ‘‘in the event that such in- amended to read as follows: ‘‘(f) REGISTRATION OF INDEFINITE AMOUNT OF soring insurance company and principal under- vestment company is not a registered investment SECURITIES.— writer of such account. company,’’ after ‘‘(bb)’’; ‘‘(2) LIMITATION ON SALES.—It shall be unlaw- (2) by redesignating subparagraphs (G) and ‘‘(1) REGISTRATION OF SECURITIES.—Upon the effective date of its registration statement, as ful for any registered separate account funding (H) as subparagraphs (H) and (I), respectively; variable insurance contracts, or for the sponsor- (3) by striking ‘‘this paragraph (1)’’ each provided by section 8 of the Securities Act of ing insurance company of such account, to sell place that term appears and inserting ‘‘this 1933, a face-amount certificate company, open- any such contract— paragraph’’; end management company, or unit investment ‘‘(A) unless the fees and charges deducted (4) by inserting after subparagraph (F) the trust, shall be deemed to have registered an in- under the contract, in the aggregate, are rea- following new subparagraph: definite amount of securities. ‘‘(G)(i) This paragraph does not apply to se- ‘‘(2) PAYMENT OF REGISTRATION FEES.—Not sonable in relation to the services rendered, the curities of a registered open-end investment later than 90 days after the end of the fiscal expenses expected to be incurred, and the risks company or a registered unit investment trust year of a company or trust referred to in para- assumed by the insurance company, and, begin- (hereafter in this subparagraph referred to as graph (1), the company or trust, as applicable, ning on the earlier of August 1, 1997, or the ear- the ‘acquired company’) purchased or otherwise shall pay a registration fee to the Commission, liest effective date of any registration statement acquired by a registered open-end investment calculated in the manner specified in section or amendment thereto for such contract follow- company or a registered unit investment trust 6(b) of the Securities Act of 1933, based on the ing the date of enactment of this subsection, the (hereafter in this subparagraph referred to as aggregate sales price for which its securities (in- insurance company so represents in the registra- the ‘acquiring company’) if— cluding, for purposes of this paragraph, all se- tion statement for the contract; and ‘‘(I) the acquired company and the acquiring curities issued pursuant to a dividend reinvest- ‘‘(B) unless the insurance company— company are part of the same group of invest- ment plan) were sold pursuant to a registration ‘‘(i) complies with all other applicable provi- ment companies; of an indefinite amount of securities under this sions of this section, as if it were a trustee or ‘‘(II) the securities of the acquired company, subsection during the previous fiscal year of the custodian of the registered separate account; securities of other registered open-end invest- company or trust, reduced by— ‘‘(ii) files with the insurance regulatory au- ment companies and registered unit investment ‘‘(A) the aggregate redemption or repurchase thority of the State which is the domiciliary trusts that are part of the same group of invest- price of the securities of the company or trust State of the insurance company, an annual ment companies, Government securities, and during that year; and statement of its financial condition, which most short-term paper are the only investments held ‘‘(B) the aggregate redemption or repurchase recent statement indicates that the insurance by the acquiring company; price of the securities of the company or trust company has a combined capital and surplus, if ‘‘(III) with respect to— during any prior fiscal year ending not more a stock company, or an unassigned surplus, if a ‘‘(aa) securities of the acquired company, the than 1 year before the date of enactment of the mutual company, of not less than $1,000,000, or acquiring company does not pay and is not as- Investment Company Act Amendments of 1996, such other amount as the Commission may from sessed any charges or fees for distribution-relat- that were not used previously by the company time to time prescribe by rule, as necessary or ed activities, unless the acquiring company does or trust to reduce fees payable under this sec- appropriate in the public interest or for the pro- not charge a sales load or other fees or charges tion. tection of investors; and for distribution-related activities; or ‘‘(3) INTEREST DUE ON LATE PAYMENT.—A com- ‘‘(iii) together with its registered separate ac- ‘‘(bb) securities of the acquiring company, any pany or trust paying the fee required by this counts, is supervised and examined periodically sales loads and other distribution-related fees subsection or any portion thereof more than 90 by the insurance authority of such State. charged, when aggregated with any sales load days after the end of the fiscal year of the com- ‘‘(3) FEES AND CHARGES.—For purposes of and distribution-related fees paid by the acquir- pany or trust shall pay to the Commission inter- paragraph (2), the fees and charges deducted ing company with respect to securities of the ac- est on unpaid amounts, at the average invest- under the contract shall include all fees and quired fund, are not excessive under rules ment rate for Treasury tax and loan accounts charges imposed for any purpose and in any adopted pursuant to section 22(b) or section published by the Secretary of the Treasury pur- manner. 22(c) by a securities association registered under suant to section 3717(a) of title 31, United States ‘‘(4) REGULATORY AUTHORITY.—The Commis- section 15A of the Securities Exchange Act of Code. The payment of interest pursuant to this sion may issue such rules and regulations to 1934, or the Commission; paragraph shall not preclude the Commission carry out paragraph (2)(A) as it determines are September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12041 necessary or appropriate in the public interest rules and regulations, may prescribe as nec- (4) in subsection (e), as redesignated, by in- or for the protection of investors.’’. essary or appropriate in the public interest or serting ‘‘REGULATORY AUTHORITY.—’’ before (b) PERIODIC PAYMENT PLAN TREATMENT.— for the protection of investors. Each investment ‘‘The Commission’’; and Section 27 of the Investment Company Act of adviser that is not a majority-owned subsidiary (5) in subsection (f), as redesignated, by in- 1940 (15 U.S.C. 80a–27) is amended by adding at of, and each depositor of any registered invest- serting ‘‘EXEMPTION AUTHORITY.—’’ before the end the following new subsection: ment company, and each principal underwriter ‘‘The Commission’’. ‘‘(i)(1) This section does not apply to any reg- for any registered investment company other SEC. 208. PROHIBITION ON DECEPTIVE INVEST- istered separate account funding variable insur- than a closed-end company, shall maintain and MENT COMPANY NAMES. ance contracts, or to the sponsoring insurance preserve for such period or periods as the Com- Section 35(d) of the Investment Company Act company and principal underwriter of such ac- mission shall prescribe by rules and regulations, of 1940 (15 U.S.C. 80a–34(d)) is amended to read count, except as provided in paragraph (2). such records as are necessary or appropriate to as follows: ‘‘(2) It shall be unlawful for any registered record such person’s transactions with such reg- ‘‘(d) DECEPTIVE OR MISLEADING NAMES.—It separate account funding variable insurance istered company. shall be unlawful for any registered investment contracts, or for the sponsoring insurance com- ‘‘(2) MINIMIZING COMPLIANCE BURDEN.—In ex- company to adopt as a part of the name or title pany of such account, to sell any such contract ercising its authority under this subsection, the of such company, or of any securities of which unless— Commission shall take such steps as it deems it is the issuer, any word or words that the Com- ‘‘(A) such contract is a redeemable security; necessary or appropriate, consistent with the mission finds are materially deceptive or mis- and public interest and for the protection of inves- leading. The Commission is authorized, by rule, ‘‘(B) the insurance company complies with tors, to avoid unnecessary recordkeeping by, regulation, or order, to define such names or ti- section 26(e) and any rules or regulations issued and minimize the compliance burden on, persons tles as are materially deceptive or misleading.’’. by the Commission under section 26(e).’’. required to maintain records under this sub- section (hereafter in this section referred to as SEC. 209. AMENDMENTS TO DEFINITIONS. SEC. 206. REPORTS TO THE COMMISSION AND ‘subject persons’). Such steps shall include con- (a) EXCEPTED INVESTMENT COMPANIES.—Sec- SHAREHOLDERS. tion 3(c) of the Investment Company Act of 1940 Section 30 of the Investment Company Act of sidering, and requesting public comment on— ‘‘(A) feasible alternatives that minimize the (15 U.S.C. 80a–3(c)) is amended— 1940 (15 U.S.C. 80a–29) is amended— recordkeeping burdens on subject persons; (1) in paragraph (1), by inserting after the (1) in subsection (b), by striking paragraph (1) ‘‘(B) the necessity of such records in view of first sentence the following: ‘‘Such issuer shall and inserting the following: the public benefits derived from the independent be deemed to be an investment company for pur- ‘‘(1) such information, documents, and reports scrutiny of such records through Commission ex- poses of the limitations set forth in subpara- (other than financial statements), as the Com- amination; graphs (A)(i) and (B)(i) of section 12(d)(1) gov- mission may require to keep reasonably current ‘‘(C) the costs associated with maintaining the erning the purchase or other acquisition by such the information and documents contained in the information that would be required to be re- issuer of any security issued by any registered registration statement of such company filed flected in such records; and investment company and the sale of any secu- under this title;’’; ‘‘(D) the effects that a proposed recordkeeping rity issued by any registered open-end invest- (2) by redesignating subsections (c), (d), (e), requirement would have on internal compliance ment company to any such issuer.’’; and (f) as subsections (d), (e), (g), and (h), re- policies and procedures. (2) in subparagraph (A) of paragraph (1)— spectively; ‘‘(b) EXAMINATIONS OF RECORDS.— (A) by inserting after ‘‘issuer,’’ the first place (3) by inserting after subsection (b) the follow- ‘‘(1) IN GENERAL.—All records required to be that term appears, the following: ‘‘and is or, but ing new subsection: maintained and preserved in accordance with for the exception provided for in this paragraph ‘‘(c)(1) The Commission shall take such action subsection (a) shall be subject at any time and or paragraph (7), would be an investment com- as it deems necessary or appropriate, consistent from time to time to such reasonable periodic, pany,’’; and with the public interest and the protection of in- special, and other examinations by the Commis- (B) by striking ‘‘unless, as of’’ and all that vestors, to avoid unnecessary reporting by, and sion, or any member or representative thereof, follows through the end of the subparagraph minimize the compliance burdens on, registered as the Commission may prescribe. and inserting a period; investment companies and their affiliated per- ‘‘(2) AVAILABILITY.—For purposes of examina- (3) in paragraph (2)— sons in exercising its authority— tions referred to in paragraph (1), any subject (A) by striking ‘‘and acting as broker,’’ and ‘‘(A) under subsection (f); and person shall make available to the Commission inserting ‘‘acting as broker, and acting as mar- ‘‘(B) under subsection (b)(1), if the Commis- or its representatives any copies or extracts from ket intermediary,’’; sion requires the filing of information, docu- such records as may be prepared without undue (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and ments, and reports under that subsection on a effort, expense, or delay as the Commission or (C) by adding at the end the following new basis more frequently than semiannually. its representatives may reasonably request. subparagraph: ‘‘(2) Action taken by the Commission under ‘‘(3) COMMISSION ACTION.—The Commission ‘‘(B) For purposes of this paragraph— paragraph (1) shall include considering, and re- shall exercise its authority under this subsection ‘‘(i) the term ‘market intermediary’ means any questing public comment on— with due regard for the benefits of internal com- person that regularly holds itself out as being ‘‘(A) feasible alternatives that minimize the pliance policies and procedures and the effective willing contemporaneously to engage in, and reporting burdens on registered investment com- implementation and operation thereof.’’; that is regularly engaged in, the business of en- (2) by redesignating subsections (c) and (d) as panies; and tering into transactions on both sides of the ‘‘(B) the utility of such information, docu- subsections (e) and (f), respectively; (3) by inserting after subsection (b) the follow- market for a financial contract or one or more ments, and reports to the Commission in relation such financial contracts; and to the costs to registered investment companies ing new subsections: ‘‘(c) LIMITATIONS ON DISCLOSURE BY COMMIS- ‘‘(ii) the term ‘financial contract’ means any and their affiliated persons of providing such SION.—Notwithstanding any other provision of arrangement that— information, documents, and reports.’’; law, the Commission shall not be compelled to ‘‘(I) takes the form of an individually nego- (4) by inserting after subsection (e) (as redes- disclose any internal compliance or audit tiated contract, agreement, or option to buy, ignated by paragraph (2) of this section), the records, or information contained therein, pro- sell, lend, swap, or repurchase, or other similar following new subsection: vided to the Commission under this section. individually negotiated transaction commonly ‘‘(f) The Commission may, by rule, require Nothing in this subsection shall authorize the entered into by participants in the financial that semi-annual reports containing the infor- Commission to withhold information from the markets; mation set forth in subsection (e) include such Congress or prevent the Commission from com- ‘‘(II) is in respect of securities, commodities, other information as the Commission deems nec- plying with a request for information from any currencies, interest or other rates, other meas- essary or appropriate in the public interest or other Federal department or agency requesting ures of value, or any other financial or eco- for the protection of investors.’’; and the information for purposes within the scope of nomic interest similar in purpose or function to (5) in subsection (g) (as redesignated by para- the jurisdiction of that department or agency, or any of the foregoing; and graph (2) of this section), by striking ‘‘sub- complying with an order of a court of the Unit- ‘‘(III) is entered into in response to a request sections (a) and (d)’’ and inserting ‘‘subsections ed States in an action brought by the United from a counter party for a quotation, or is oth- (a) and (e)’’. States or the Commission. For purposes of sec- erwise entered into and structured to accommo- SEC. 207. BOOKS, RECORDS, AND INSPECTIONS. tion 552 of title 5, United States Code, this sec- date the objectives of the counter party to such Section 31 of the Investment Company Act of tion shall be considered a statute described in arrangement.’’; and 1940 (15 U.S.C. 80a–30) is amended— subsection (b)(3)(B) of such section 552. (4) by striking paragraph (7) and inserting the (1) by striking subsections (a) and (b) and in- ‘‘(d) DEFINITIONS.—For purposes of this sec- following: serting the following: tion— ‘‘(7)(A) Any issuer, the outstanding securities ‘‘(a) MAINTENANCE OF RECORDS.— ‘‘(1) the term ‘internal compliance policies and of which are owned exclusively by persons who, ‘‘(1) IN GENERAL.—Each registered investment procedures’ means policies and procedures de- at the time of acquisition of such securities, are company, and each underwriter, broker, dealer, signed by subject persons to promote compliance qualified purchasers, and which is not making or investment adviser that is a majority-owned with the Federal securities laws; and and does not at that time propose to make a subsidiary of such a company, shall maintain ‘‘(2) the term ‘internal compliance and audit public offering of such securities. Securities that and preserve such records (as defined in section record’ means any record prepared by a subject are owned by persons who received the securi- 3(a)(37) of the Securities Exchange Act of 1934) person in accordance with internal compliance ties from a qualified purchaser as a gift or be- for such period or periods as the Commission, by policies and procedures.’’; quest, or in a case in which the transfer was H12042 CONGRESSIONAL RECORD — HOUSE September 28, 1996 caused by legal separation, divorce, death, or rectly or indirectly by or for 2 or more natural without loss of the exception of the issuer under other involuntary event, shall be deemed to be persons who are related as siblings or spouse paragraph (1) or (7) of section 3(c) of that Act owned by a qualified purchaser, subject to such (including former spouses), or direct lineal de- from treatment as an investment company under rules, regulations, and orders as the Commission scendants by birth or adoption, spouses of such that Act. may prescribe as necessary or appropriate in the persons, the estates of such persons, or founda- (4) BENEFICIAL OWNERSHIP.—Not later than public interest or for the protection of investors. tions, charitable organizations, or trusts estab- 180 days after the date of enactment of this Act, ‘‘(B) Notwithstanding subparagraph (A), an lished by or for the benefit of such persons; the Commission shall prescribe rules defining issuer is within the exception provided by this ‘‘(iii) any trust that is not covered by clause the term ‘‘beneficial owner’’ for purposes of sec- paragraph if— (ii) and that was not formed for the specific pur- tion 3(c)(7)(B) of the Investment Company Act ‘‘(i) in addition to qualified purchasers, out- pose of acquiring the securities offered, as to of 1940, as amended by this Act. standing securities of that issuer are beneficially which the trustee or other person authorized to (e) EFFECTIVE DATE.—The amendments made owned by not more than 100 persons who are make decisions with respect to the trust, and by this section shall take effect on the earlier not qualified purchasers, if— each settlor or other person who has contributed of— ‘‘(I) such persons acquired any portion of the assets to the trust, is a person described in (1) 180 days after the date of enactment of this securities of such issuer on or before September clause (i), (ii), or (iv); or Act; or 1, 1996; and ‘‘(iv) any person, acting for its own account (2) the date on which the rulemaking required ‘‘(II) at the time at which such persons ini- or the accounts of other qualified purchasers, under subsection (d)(2) is completed. tially acquired the securities of such issuer, the who in the aggregate owns and invests on a dis- SEC. 210. PERFORMANCE FEES EXEMPTIONS. issuer was excepted by paragraph (1); and cretionary basis, not less than $25,000,000 in in- Section 205 of the Investment Advisers Act of ‘‘(ii) prior to availing itself of the exception vestments. 1940 (15 U.S.C. 80b–5) is amended— provided by this paragraph— ‘‘(B) The Commission may adopt such rules ‘‘(I) such issuer has disclosed to each bene- (1) in subsection (b)— and regulations applicable to the persons and (A) in paragraph (2), by striking ‘‘or’’ at the ficial owner, as determined under paragraph trusts specified in clauses (i) through (iv) of sub- (1), that future investors will be limited to quali- end; paragraph (A) as it determines are necessary or (B) in paragraph (3), by striking the period at fied purchasers, and that ownership in such is- appropriate in the public interest or for the pro- suer is no longer limited to not more than 100 the end and inserting a semicolon; and tection of investors. (C) by adding at the end the following new persons; and ‘‘(C) The term ‘qualified purchaser’ does not paragraphs: ‘‘(II) concurrently with or after such disclo- include a company that, but for the exceptions ‘‘(4) apply to an investment advisory contract sure, such issuer has provided each beneficial provided for in paragraph (1) or (7) of section with a company excepted from the definition of owner, as determined under paragraph (1), with 3(c), would be an investment company (here- an investment company under section 3(c)(7) of a reasonable opportunity to redeem any part or after in this paragraph referred to as an ‘ex- title I of this Act; or all of their interests in the issuer, notwithstand- cepted investment company’), unless all bene- ‘‘(5) apply to an investment advisory contract ing any agreement to the contrary between the ficial owners of its outstanding securities (other with a person who is not a resident of the Unit- issuer and such persons, for that person’s pro- than short-term paper), determined in accord- ed States.’’; and portionate share of the issuer’s net assets. ance with section 3(c)(1)(A), that acquired such (2) by adding at the end the following new ‘‘(C) Each person that elects to redeem under securities on or before April 30, 1996 (hereafter subsection: subparagraph (B)(ii)(II) shall receive an amount in this paragraph referred to as ‘pre-amendment ‘‘(e) The Commission, by rule or regulation, in cash equal to that person’s proportionate beneficial owners’), and all pre-amendment ben- upon its own motion, or by order upon applica- share of the issuer’s net assets, unless the issuer eficial owners of the outstanding securities tion, may conditionally or unconditionally ex- elects to provide such person with the option of (other than short-term paper) of any excepted empt any person or transaction, or any class or receiving, and such person agrees to receive, all investment company that, directly or indirectly, classes of persons or transactions, from sub- or a portion of such person’s share in assets of owns any outstanding securities of such ex- section (a)(1), if and to the extent that the ex- the issuer. If the issuer elects to provide such cepted investment company, have consented to emption relates to an investment advisory con- persons with such an opportunity, disclosure its treatment as a qualified purchaser. Unani- tract with any person that the Commission de- concerning such opportunity shall be made in mous consent of all trustees, directors, or gen- termines does not need the protections of sub- the disclosure required by subparagraph eral partners of a company or trust referred to section (a)(1), on the basis of such factors as fi- (B)(ii)(I). in clause (ii) or (iii) of subparagraph (A) shall nancial sophistication, net worth, knowledge of ‘‘(D) An issuer that is excepted under this constitute consent for purposes of this subpara- and experience in financial matters, amount of paragraph shall nonetheless be deemed to be an graph.’’. assets under management, relationship with a investment company for purposes of the limita- (c) CONFORMING AMENDMENTS.—Section 3(a) registered investment adviser, and such other tions set forth in subparagraphs (A)(i) and of the Investment Company Act of 1940 (15 factors as the Commission determines are con- (B)(i) of section 12(d)(1) relating to the purchase U.S.C. 80a–3(a)) is amended— sistent with this section.’’. or other acquisition by such issuer of any secu- (1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’; rity issued by any registered investment com- (2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; TITLE III—INVESTMENT ADVISERS pany and the sale of any security issued by any (3) by striking ‘‘(3)’’ and inserting ‘‘(C)’’; SUPERVISION COORDINATION ACT registered open-end investment company to any (4) by inserting ‘‘(1)’’ after ‘‘(a)’’; SEC. 301. SHORT TITLE. such issuer. (5) by striking ‘‘As used’’ and inserting ‘‘(2) This title may be cited as the ‘‘Investment Ad- ‘‘(E) For purposes of determining compliance As used’’; and visers Supervision Coordination Act’’. with this paragraph and paragraph (1), an is- (6) in paragraph (2)(C), as designated by suer that is otherwise excepted under this para- paragraph (5) of this subsection— SEC. 302. FUNDING FOR ENHANCED ENFORCE- MENT PRIORITY. graph and an issuer that is otherwise excepted (A) by striking ‘‘which are’’ and inserting the There are authorized to be appropriated to the under paragraph (1) shall not be treated by the following: ‘‘which (i) are’’; and Commission, for the enforcement of the Invest- Commission as being a single issuer for purposes (B) by inserting before the period at the end, ment Advisers Act of 1940, not more than of determining whether the outstanding securi- the following: ‘‘, and (ii) are not relying on the $20,000,000 in each of fiscal years 1997 and 1998, ties of the issuer excepted under paragraph (1) exception from the definition of investment com- in addition to any funds authorized to be appro- are beneficially owned by not more than 100 per- pany in paragraph (1) or (7) of subsection (c)’’. priated to the Commission for this or other pur- sons or whether the outstanding securities of (d) RULEMAKING REQUIRED.— poses. the issuer excepted under this paragraph are (1) IMPLEMENTATION OF SECTION 3(c)(1)(B).— owned by persons that are not qualified pur- Not later than 1 year after the date of enact- SEC. 303. IMPROVED SUPERVISION THROUGH chasers. Nothing in this subparagraph shall be ment of this Act, the Commission shall prescribe STATE AND FEDERAL COOPERATION. construed to establish that a person is a bona rules to implement the requirements of section (a) STATE AND FEDERAL RESPONSIBILITIES.— fide qualified purchaser for purposes of this 3(c)(1)(B) of the Investment Company Act of The Investment Advisers Act of 1940 (15 U.S.C. paragraph or a bona fide beneficial owner for 1940 (15 U.S.C. 80a–3(c)(1)(B)), as amended by 80b–1 et seq.) is amended by inserting after sec- purposes of paragraph (1).’’. this section. tion 203 the following new section: (b) QUALIFIED PURCHASER.—Section 2(a) of (2) IDENTIFICATION OF INVESTMENTS.—Not ‘‘SEC. 203A. STATE AND FEDERAL RESPONSIBIL- the Investment Company Act of 1940 (15 U.S.C. later than 180 days after the date of enactment ITIES. 80a–2(a)) is amended by adding at the end the of this Act, the Commission shall prescribe rules ‘‘(a) ADVISERS SUBJECT TO STATE AUTHORI- following new paragraph: defining the term, or otherwise identifying, ‘‘in- TIES.— ‘‘(51)(A) ‘Qualified purchaser’ means— vestments’’ for purposes of section 2(a)(51) of ‘‘(1) IN GENERAL.—No investment adviser that ‘‘(i) any natural person (including any person the Investment Company Act of 1940, as added is regulated or required to be regulated as an in- who holds a joint, community property, or other by this Act. vestment adviser in the State in which it main- similar shared ownership interest in an issuer (3) EMPLOYEE EXCEPTION.—Not later than 1 tains its principal office and place of business that is excepted under section 3(c)(7) with that year after the date of enactment of this Act, the shall register under section 203, unless the in- person’s qualified purchaser spouse) who owns Commission shall prescribe rules pursuant to its vestment adviser— not less than $5,000,000 in investments, as de- authority under section 6 of the Investment ‘‘(A) has assets under management of not less fined by the Commission; Company Act of 1940 to permit the ownership of than $25,000,000, or such higher amount as the ‘‘(ii) any company that owns not less than securities by knowledgeable employees of the is- Commission may, by rule, deem appropriate in $5,000,000 in investments and that is owned di- suer of the securities or an affiliated person accordance with the purposes of this title; or September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12043 ‘‘(B) is an adviser to an investment company 80b–3(a)) is amended by striking ‘‘subsection (b) (B) by striking ‘‘paragraph (3)’’ and inserting registered under title I of this Act. of this section’’ and inserting ‘‘subsection (b) ‘‘paragraph (4)’’; and ‘‘(2) DEFINITION.—For purposes of this sub- and section 203A’’. (C) by striking ‘‘said subsection’’ each place section, the term ‘assets under management’ SEC. 304. INTERSTATE COOPERATION. that term appears and inserting ‘‘subsection’’; means the securities portfolios with respect to Section 222 of the Investment Advisers Act of and which an investment adviser provides continu- 1940 (15 U.S.C. 80b–18a) is amended to read as (3) in subsection (i)(1)(D), by striking ‘‘section ous and regular supervisory or management follows: 203(e)(5) of this title’’ and inserting ‘‘subsection services. ‘‘SEC. 222. STATE REGULATION OF INVESTMENT (e)(6)’’. ‘‘(b) ADVISERS SUBJECT TO COMMISSION AU- ADVISERS. SEC. 306. INVESTOR ACCESS TO INFORMATION. THORITY.— ‘‘(a) JURISDICTION OF STATE REGULATORS.— The Commission shall— ‘‘(1) IN GENERAL.—No law of any State or po- Nothing in this title shall affect the jurisdiction (1) provide for the establishment and mainte- litical subdivision thereof requiring the registra- of the securities commissioner (or any agency or nance of a readily accessible telephonic or other tion, licensing, or qualification as an investment officer performing like functions) of any State electronic process to receive inquiries regarding adviser or supervised person of an investment over any security or any person insofar as it disciplinary actions and proceedings involving adviser shall apply to any person— does not conflict with the provisions of this title investment advisers and persons associated with ‘‘(A) that is registered under section 203 as an or the rules and regulations thereunder. investment advisers; and investment adviser, or that is a supervised per- ‘‘(b) DUAL COMPLIANCE PURPOSES.—No State (2) provide for prompt response to any inquiry son of such person, except that a State may li- may enforce any law or regulation that would described in paragraph (1). cense, register, or otherwise qualify any invest- require an investment adviser to maintain any SEC. 307. CONTINUED STATE AUTHORITY. ment adviser representative who has a place of books or records in addition to those required (a) PRESERVATION OF FILING REQUIRE- business located within that State; or under the laws of the State in which it main- MENTS.—Nothing in this title or any amendment ‘‘(B) that is not registered under section 203 tains its principal place of business, if the in- made by this title prohibits the securities com- because that person is excepted from the defini- vestment adviser— mission (or any agency or office performing like tion of an investment adviser under section ‘‘(1) is registered or licensed as such in the functions) of any State from requiring the filing 202(a)(11). State in which it maintains its principal place of of any documents filed with the Commission ‘‘(2) LIMITATION.—Nothing in this subsection business; and pursuant to the securities laws solely for notice shall prohibit the securities commission (or any ‘‘(2) is in compliance with the applicable purposes, together with a consent to service of agency or office performing like functions) of books and records requirements of the State in process and any required fee. any State from investigating and bringing en- which it maintains its principle place of busi- (b) PRESERVATION OF FEES.—Until otherwise forcement actions with respect to fraud or deceit ness. provided by law, rule, regulation, or order, or against an investment adviser or person associ- ‘‘(c) LIMITATION ON CAPITAL AND BOND RE- other administrative action of any State, or any ated with an investment adviser. QUIREMENTS.—No State may enforce any law or political subdivision thereof, adopted after the ‘‘(c) EXEMPTIONS.—Notwithstanding sub- regulation that would require an investment ad- date of enactment of this Act, filing, registra- section (a), the Commission, by rule or regula- viser to maintain a higher minimum net capital tion, or licensing fees shall, notwithstanding the tion upon its own motion, or by order upon ap- or to post any bond in addition to any that is amendments made by this title, continue to be plication, may permit the registration with the required under the laws of the State in which it paid in amounts determined pursuant to the Commission of any person or class of persons to maintains its principal place of business, if the law, rule, regulation, or order, or other adminis- which the application of subsection (a) would be investment adviser— trative action as in effect on the day before such unfair, a burden on interstate commerce, or oth- ‘‘(1) is registered or licensed as such in the date of enactment. erwise inconsistent with the purposes of this State in which it maintains its principal place of (c) AVAILABILITY OF PREEMPTION CONTINGENT section. business; and ON PAYMENT OF FEES.— ‘‘(d) FILING DEPOSITORIES.—The Commission ‘‘(2) is in compliance with the applicable net (1) IN GENERAL.—During the period beginning may, by rule, require an investment adviser— capital or bonding requirements of the State in on the date of enactment of this Act and ending ‘‘(1) to file with the Commission any fee, ap- which it maintains its principal place of busi- 3 years after that date of enactment, the securi- plication, report, or notice required by this title ness. ties commission (or any agency or office per- or by the rules issued under this title through ‘‘(d) NATIONAL DE MINIMIS STANDARD.—No forming like functions) of any State may require any entity designated by the Commission for law of any State or political subdivision thereof registration of any investment adviser that fails that purpose; and requiring the registration, licensing, or quali- or refuses to pay the fees required by subsection ‘‘(2) to pay the reasonable costs associated fication as an investment adviser shall require (b) in or to such State, notwithstanding the lim- with such filing. an investment adviser to register with the secu- itations on the laws, rules, regulations, or or- ‘‘(e) STATE ASSISTANCE.—Upon request of the rities commissioner of the State (or any agency ders, or other administrative actions of any securities commissioner (or any agency or officer or officer performing like functions) or to com- State, or any political subdivision thereof, con- performing like functions) of any State, the ply with such law (other than any provision tained in subsection (a), if the laws of such Commission may provide such training, tech- thereof prohibiting fraudulent conduct) if the State require registration of investment advisers. nical assistance, or other reasonable assistance investment adviser— (2) DELAYS.—For purposes of this subsection, in connection with the regulation of investment ‘‘(1) does not have a place of business located delays in payment of fees or underpayments of advisers by the State.’’. within the State; and fees that are promptly remedied in accordance (b) ADVISERS NOT ELIGIBLE TO REGISTER.— ‘‘(2) during the preceding 12-month period, with the applicable laws, rules, regulations, or Section 203 of the Investment Advisers Act of has had fewer than 6 clients who are residents orders, or other administrative actions of the 1940 (15 U.S.C. 80b–3) is amended— of that State.’’. relevant State shall not constitute a failure or (1) in subsection (c), in the matter immediately SEC. 305. DISQUALIFICATION OF CONVICTED FEL- refusal to pay fees. following paragraph (2), by inserting ‘‘and that ONS. SEC. 308. EFFECTIVE DATE. the applicant is not prohibited from registering (a) AMENDMENT.—Section 203(e) of the Invest- (a) IN GENERAL.—This title and the amend- as an investment adviser under section 203A’’ ment Advisers Act of 1940 (15 U.S.C. 80b–3(e)) is ments made by this title shall take effect 180 after ‘‘satisfied’’; and amended— days after the date of enactment of this Act. (2) in subsection (h), in the second sentence— (1) by redesignating paragraphs (3) through (b) CONFORMING AMENDMENT.— (A) by striking ‘‘existence or’’ and inserting (7) as paragraphs (4) through (8), respectively; (1) IN GENERAL.—Section 3(38)(B) of the Em- ‘‘existence,’’; and and ployee Retirement Income Security Act of 1974 (B) by inserting ‘‘or is prohibited from reg- (2) by inserting after paragraph (2) the follow- (29 U.S.C. 1002(38)(B)) is amended by inserting istering as an investment adviser under section ing new paragraph: ‘‘or under the laws of any State’’ after ‘‘1940’’. 203A,’’ after ‘‘adviser,’’. ‘‘(3) has been convicted during the 10-year pe- (2) SUNSET.—The amendment made by para- (c) DEFINITION OF ‘‘SUPERVISED PERSON’’.— riod preceding the date of filing of any applica- graph (1) shall cease to be effective 2 years after Section 202(a) of the Investment Advisers Act of tion for registration, or at any time thereafter, the date of enactment of this Act. 1940 (15 U.S.C. 80b–2(a)) is amended— of— TITLE IV—SECURITIES AND EXCHANGE (1) by striking ‘‘requires—’’ and inserting ‘‘re- ‘‘(A) any crime that is punishable by impris- COMMISSION AUTHORIZATION quires, the following definitions shall apply:’’; onment for 1 or more years, and that is not de- and scribed in paragraph (2); or SEC. 401. SHORT TITLE. (2) by adding at the end the following new ‘‘(B) a substantially equivalent crime by a for- This title may be cited as the ‘‘Securities and paragraph: eign court of competent jurisdiction.’’. Exchange Commission Authorization Act of ‘‘(25) ‘Supervised person’ means any partner, (b) CONFORMING AMENDMENTS.—Section 203 of 1996’’. officer, director (or other person occupying a the Investment Advisers Act of 1940 (15 U.S.C. SEC. 402. PURPOSES. similar status or performing similar functions), 80b–3) is amended— The purposes of this title are— or employee of an investment adviser, or other (1) in subsection (e)(6) (as redesignated by (1) to authorize appropriations for the Com- person who provides investment advice on be- subsection (a) of this section), by striking ‘‘this mission for fiscal year 1997; and half of the investment adviser and is subject to paragraph (5)’’ and inserting ‘‘this paragraph’’; (2) to reduce over time the rates of fees the supervision and control of the investment (2) in subsection (f)— charged under the Federal securities laws. adviser.’’. (A) by striking ‘‘paragraph (1), (4), (5), or (7) SEC. 403. AUTHORIZATION OF APPROPRIATIONS. (d) CONFORMING AMENDMENT.—Section 203(a) of subsection (e) of this section’’ and inserting Section 35 of the Securities Exchange Act of of the Investment Advisers Act of 1940 (15 U.S.C. ‘‘paragraph (1), (5), (6), or (8) of subsection (e)’’; 1934 is amended to read as follows: H12044 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘SEC. 35. AUTHORIZATION OF APPROPRIATIONS. lated to such supervision and regulation, in- rates applicable under this section for each fis- ‘‘There are authorized to be appropriated to cluding enforcement activities, policy and rule- cal year.’’. carry out the functions, powers, and duties of making activities, administration, legal services, (b) EFFECTIVE DATES; TRANSITION.— the Commission $300,000,000 for fiscal year 1997, and international regulatory activities. (1) IN GENERAL.—Except as provided in para- in addition to any other funds authorized to be ‘‘(b) EXCHANGE-TRADED SECURITIES.—Every graph (2), the amendment made by subsection appropriated to the Commission.’’. national securities exchange shall pay to the (a) shall apply with respect to transactions in SEC. 404. REGISTRATION FEES. Commission a fee at a rate equal to 1⁄300 of one securities that occur on or after October 1, 1997. (2) OFF-EXCHANGE TRADES OF LAST SALE RE- Section 6(b) of the Securities Act of 1933 (15 percent of the aggregate dollar amount of sales PORTED TRANSACTIONS.—The amendment made U.S.C. 77f(b)) is amended to read as follows: of securities (other than bonds, debentures, and by subsection (a) shall apply with respect to ‘‘(b) REGISTRATION FEE.— other evidences of indebtedness) transacted on transactions described in section 31(d)(1) of the ‘‘(1) RECOVERY OF COST OF SERVICES.—The such national securities exchange, except that Securities Exchange Act of 1934 (as amended by Commission shall, in accordance with this sub- for fiscal year 2007 or any succeeding fiscal year subsection (a) of this section) that occur on or section, collect registration fees that are de- such rate shall be equal to 1⁄800 of one percent of after September 1, 1997. signed to recover the costs to the government of such aggregate dollar amount of sales. Fees col- SEC. 406. TIME FOR PAYMENT. the securities registration process, and costs re- lected pursuant to this subsection shall be de- Section 4(e) of the Securities Exchange Act of lated to such process, including enforcement ac- posited and collected as general revenue of the 1934 (15 U.S.C. 78d(e)) is amended by inserting tivities, policy and rulemaking activities, admin- Treasury. before the period at the end thereof the follow- istration, legal services, and international regu- ‘‘(c) OFF-EXCHANGE TRADES OF EXCHANGE ing: ‘‘and the Commission may also specify the latory activities. REGISTERED SECURITIES.—Each national securi- time that such fee shall be determined and paid ‘‘(2) FEE PAYMENT REQUIRED.—At the time of ties association shall pay to the Commission a relative to the filing of any statement or docu- filing a registration statement, the applicant fee at a rate equal to 1⁄300 of one percent of the ment with the Commission’’. shall pay to the Commission a fee that shall be aggregate dollar amount of sales transacted by SEC. 407. SENSE OF THE CONGRESS CONCERNING equal to the sum of the amounts (if any) deter- or through any member of such association oth- erwise than on a national securities exchange of FEES. mined under the rates established by para- It is the sense of the Congress that, in order graphs (3) and (4). The Commission shall pub- securities registered on such an exchange (other than bonds, debentures, and other evidences of to maintain the competitiveness of United States lish in the Federal Register notices of the fee securities markets relative to foreign markets, no rates applicable under this section for each fis- indebtedness), except that for fiscal year 2007 or any succeeding fiscal year such rate shall be fee should be assessed on transactions involving cal year. portfolios of equity securities taking place at equal to 1⁄800 of one percent of such aggregate ‘‘(3) GENERAL REVENUE FEES.—The rate deter- times of day characterized by low volume and dollar amount of sales. Fees collected pursuant mined under this paragraph is a rate equal to during nontraditional trading hours. $200 per $1,000,000 of the maximum aggregate to this subsection shall be deposited and col- TITLE V—REDUCING THE COST OF SAVING price at which such securities are proposed to be lected as general revenue of the Treasury. AND INVESTMENT offered, except that during fiscal year 2007 and ‘‘(d) OFF-EXCHANGE-TRADES OF LAST-SALE- any succeeding fiscal year such rate is equal to REPORTED SECURITIES.— SEC. 501. EXEMPTION FOR ECONOMIC, BUSINESS, ‘‘(1) COVERED TRANSACTIONS.—Each national AND INDUSTRIAL DEVELOPMENT $67 per $1,000,000 of the maximum aggregate COMPANIES. price at which such securities are proposed to be securities association shall pay to the Commis- 1 Section 6(a) of the Investment Company Act of offered. Fees collected during any fiscal year sion a fee at a rate equal to ⁄300 of one percent of the aggregate dollar amount of sales trans- 1940 (15 U.S.C. 80a–6(a)) is amended by adding pursuant to this paragraph shall be deposited at the end the following new paragraph: and credited as general revenues of the Treas- acted by or through any member of such asso- ciation otherwise than on a national securities ‘‘(5)(A) Any company that is not engaged in ury. the business of issuing redeemable securities, the ‘‘(4) OFFSETTING COLLECTION FEES.— exchange of securities (other than bonds, deben- tures, and other evidences of indebtedness) sub- operations of which are subject to regulation by ‘‘(A) IN GENERAL.—Except as provided in sub- the State in which the company is organized ject to prompt last sale reporting pursuant to paragraphs (B) and (C), the rate determined under a statute governing entities that provide the rules of the Commission or a registered na- under this paragraph is a rate equal to the fol- financial or managerial assistance to enterprises tional securities association, excluding any sales lowing amount per $1,000,000 of the maximum doing business, or proposing to do business, in for which a fee is paid under subsection (c), ex- aggregate price at which such securities are pro- that State if— posed to be offered: cept that for fiscal year 2007, or any succeeding ‘‘(i) the organizational documents of the com- 1 ‘‘(i) $95 during fiscal year 1998; fiscal year, such rate shall be equal to ⁄800 of pany state that the activities of the company ‘‘(ii) $78 during fiscal year 1999; one percent of such aggregate dollar amount of are limited to the promotion of economic, busi- ‘‘(iii) $64 during fiscal year 2000; sale. ness, or industrial development in the State ‘‘(2) LIMITATION; DEPOSIT OF FEES.—Except as ‘‘(iv) $50 during fiscal year 2001; through the provision of financial or managerial ‘‘(v) $39 during fiscal year 2002; provided in paragraph (3), no amounts shall be assistance to enterprises doing business, or pro- ‘‘(vi) $28 during fiscal year 2003; collected pursuant to subsection (d) for any fis- posing to do business, in that State, and such ‘‘(vii) $9 during fiscal year 2004; cal year, except to the extent provided in ad- other activities that are incidental or necessary ‘‘(viii) $5 during fiscal year 2005; and vance in appropriations Acts. Fees collected to carry out that purpose; ‘‘(ix) $0 during fiscal year 2006 or any suc- during any such fiscal year pursuant to this ‘‘(ii) immediately following each sale of the se- ceeding fiscal year. subsection shall be deposited and credited as curities of the company by the company or any ‘‘(B) LIMITATION; DEPOSIT.—Except as pro- offsetting collections to the account providing underwriter for the company, not less than 80 vided in subparagraph (C), no amounts shall be appropriations to the Commission. percent of the securities of the company being collected pursuant to this paragraph (4) for any ‘‘(3) LAPSE OF APPROPRIATIONS.—If on the offered in such sale, on a class-by-class basis, fiscal year except to the extent provided in ad- first day of a fiscal year a regular appropriation are held by persons who reside or who have a vance in appropriations acts. Fees collected dur- to the Commission has not been enacted, the substantial business presence in that State; ing any fiscal year pursuant to this paragraph Commission shall continue to collect fees (as off- ‘‘(iii) the securities of the company are sold, shall be deposited and credited as offsetting col- setting collections) under this subsection at the or proposed to be sold, by the company or by lections in accordance with appropriations Acts. rate in effect during the preceding fiscal year, any underwriter for the company, solely to ac- ‘‘(C) LAPSE OF APPROPRIATIONS.—If on the until such a regular appropriation is enacted. credited investors, as that term is defined in sec- first day of a fiscal year a regular appropriation ‘‘(e) DATES FOR PAYMENT OF FEES.—The fees tion 2(a)(15) of the Securities Act of 1933, or to to the Commission has not been enacted, the required by subsections (b), (c), and (d) of this such other persons that the Commission, as nec- Commission shall continue to collect fees (as off- section shall be paid— essary or appropriate in the public interest and setting collections) under this paragraph at the ‘‘(1) on or before March 15, with respect to consistent with the protection of investors, may rate in effect during the preceding fiscal year, transactions and sales occurring during the pe- permit by rule, regulation, or order; and until such a regular appropriation is enacted. riod beginning on the preceding September 1 ‘‘(iv) the company does not purchase any se- ‘‘(5) PRO RATA APPLICATION OF RATES.—The and ending at the close of the preceding Decem- curity issued by an investment company or by rates required by this subsection shall be applied ber 31; and any company that would be an investment com- pro rata to amounts and balances equal to less ‘‘(2) on or before September 30, with respect to pany except for the exclusions from the defini- than $1,000,000.’’. transactions and sales occurring during the pe- tion of the term ‘investment company’ under riod beginning on the preceding January 1 and paragraph (1) or (7) of section 3(c), other than— SEC. 405. TRANSACTION FEES. ending at the close of the preceding August 31. ‘‘(I) any debt security that is rated investment (a) AMENDMENT.—Section 31 of the Securities ‘‘(f) EXEMPTIONS.—The Commission, by rule, grade by not less than 1 nationally recognized Exchange Act of 1934 (15 U.S.C. 78ee) is amend- may exempt any sale of securities or any class of statistical rating organization; or ed to read as follows: sales of securities from any fee imposed by this ‘‘(II) any security issued by a registered open- ‘‘SEC. 31. TRANSACTION FEES. section, if the Commission finds that such ex- end investment company that is required by its ‘‘(a) RECOVERY OF COST OF SERVICES.—The emption is consistent with the public interest, investment policies to invest not less than 65 Commission shall, in accordance with this sub- the equal regulation of markets and brokers and percent of its total assets in securities described section, collect transaction fees that are de- dealers, and the development of a national mar- in subclause (I) or securities that are determined signed to recover the costs to the Government of ket system. by such registered open-end investment com- the supervision and regulation of securities mar- ‘‘(g) PUBLICATION.—The Commission shall pany to be comparable in quality to securities kets and securities professionals, and costs re- publish in the Federal Register notices of the fee described in subclause (I). September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12045

‘‘(B) Notwithstanding the exemption provided (C) in clause (ii), by striking ‘‘senior’’; and ‘‘(g) CHURCH PLANS.—No church plan de- by this paragraph, section 9 (and, to the extent (3) in paragraph (3)— scribed in section 414(e) of the Internal Revenue necessary to enforce section 9, sections 38 (A) in subparagraph (A), by striking ‘‘and’’ at Code of 1986, no person or entity eligible to es- through 51) shall apply to a company described the end; tablish and maintain such a plan under the In- in this paragraph as if the company were an in- (B) in subparagraph (B), by striking the pe- ternal Revenue Code of 1986, no company or ac- vestment company registered under this title. riod at the end of clause (iv) and inserting ‘‘; count that is excluded from the definition of an ‘‘(C) Any company proposing to rely on the and’’; and investment company under section 3(c)(14) of exemption provided by this paragraph shall file (C) by inserting immediately after subpara- the Investment Company Act of 1940, and no with the Commission a notification stating that graph (B) the following new subparagraph: trustee, director, officer or employee of or volun- the company intends to do so, in such form and ‘‘(C) a business development company may teer for such plan, company, account person, or manner as the Commission may prescribe by issue warrants, options, or rights to subscribe to, entity, acting within the scope of that person’s rule. convert to, or purchase voting securities not ac- employment or activities with respect to such ‘‘(D) Any company meeting the requirements companied by securities, if— plan, shall be deemed to be a ‘broker’, ‘dealer’, of this paragraph may rely on the exemption ‘‘(i) such warrants, options, or rights satisfy ‘municipal securities broker’, ‘municipal securi- provided by this paragraph upon filing with the the conditions in clauses (i) and (iii) of subpara- ties dealer’, ‘government securities broker’, ‘gov- Commission the notification required by sub- graph (A); and ernment securities dealer’, ‘clearing agency’, or paragraph (C), until such time as the Commis- ‘‘(ii) the proposal to issue such warrants, op- ‘transfer agent’ for purposes of this title— sion determines by order that such reliance is tions, or rights is authorized by the shareholders ‘‘(1) solely because such plan, company, per- not in the public interest or is not consistent or partners of such business development com- son, or entity buys, holds, sells, trades in, or with the protection of investors. pany, and such issuance is approved by the re- transfers securities or acts as an intermediary in ‘‘(E) The exemption provided by this para- quired majority (as defined in section 57(o)) of making payments in connection with trans- graph may be subject to such additional terms the directors of or general partners in such com- actions in securities for its own account in its and conditions as the Commission may by rule, pany on the basis that such issuance is in the capacity as trustee or administrator of, or other- regulation, or order determine are necessary or best interests of the company and its sharehold- wise on behalf of, or for the account of, any appropriate in the public interest or for the pro- ers or partners.’’. church plan, company, or account that is ex- cluded from the definition of an investment com- tection of investors.’’. SEC. 507. FILING OF WRITTEN STATEMENTS. pany under section 3(c)(14) of the Investment SEC. 502. INTRASTATE CLOSED-END INVESTMENT Section 64(b)(1) of the Investment Company Company Act of 1940; and COMPANY EXEMPTION. Act of 1940 (15 U.S.C. 80a–63(b)(1)) is amended Section 6(d)(1) of the Investment Company Act ‘‘(2) if no such person or entity receives a by inserting ‘‘and capital structure’’ after commission or other transaction-related sales of 1940 (15 U.S.C. 80a–6(d)(1)) is amended by ‘‘portfolio’’. striking ‘‘$100,000’’ and inserting ‘‘$10,000,000, compensation in connection with any activities or such other amount as the Commission may SEC. 508. CHURCH EMPLOYEE PENSION PLANS. conducted in reliance on the exemption provided set by rule, regulation, or order’’. (a) AMENDMENT TO THE INVESTMENT COMPANY by this subsection.’’. ACT OF 1940.—Section 3(c) of the Investment (d) AMENDMENT TO THE INVESTMENT ADVISERS SEC. 503. DEFINITION OF ELIGIBLE PORTFOLIO ACT OF 1940.—Section 203(b) of the Investment COMPANY. Company Act of 1940 (15 U.S.C. 80a–3(c)) is Advisers Act of 1940 (15 U.S.C. 80b–3(b)) is Section 2(a)(46)(C) of the Investment Com- amended by adding at the end the following new paragraph: amended— pany Act of 1940 (15 U.S.C. 80a–2(a)(46)(C)) is (1) in paragraph (3), by striking ‘‘or’’ at the amended— ‘‘(14) Any church plan described in section 414(e) of the Internal Revenue Code of 1986, if, end; (1) in clause (ii), by striking ‘‘or’’ at the end; (2) in paragraph (4), by striking the period at (2) by redesignating clause (iii) as clause (iv); under any such plan, no part of the assets may be used for, or diverted to, purposes other than the end and inserting ‘‘; or’’; and and (3) by adding at the end the following new (3) by inserting after clause (ii) the following: the exclusive benefit of plan participants or beneficiaries, or any company or account that paragraph: ‘‘(iii) it has total assets of not more than ‘‘(5) any plan described in section 414(e) of the is— $4,000,000, and capital and surplus (sharehold- Internal Revenue Code of 1986, any person or ‘‘(A) established by a person that is eligible to ers’ equity less retained earnings) of not less entity eligible to establish and maintain such a establish and maintain such a plan under sec- than $2,000,000, except that the Commission may plan under the Internal Revenue Code of 1986, tion 414(e) of the Internal Revenue Code of 1986; adjust such amounts by rule, regulation, or or any trustee, director, officer, or employee of and order to reflect changes in 1 or more generally or volunteer for any such plan or person, if such ‘‘(B) substantially all of the activities of accepted indices or other indicators for small person or entity, acting in such capacity, pro- businesses; or’’. which consist of— vides investment advice exclusively to, or with SEC. 504. DEFINITION OF BUSINESS DEVELOP- ‘‘(i) managing or holding assets contributed to respect to, any plan, person, or entity or any MENT COMPANY. such church plans or other assets which are per- company, account, or fund that is excluded Section 2(a)(48)(B) of the Investment Com- mitted to be commingled with the assets of from the definition of an investment company pany Act of 1940 (15 U.S.C. 80a–2(a)(48)(B)) is church plans under the Internal Revenue Code under section 3(c)(14) of the Investment Com- amended by adding at the end the following: of 1986; or pany Act of 1940.’’. ‘‘provided further that a business development ‘‘(ii) administering or providing benefits pur- (e) AMENDMENT TO THE TRUST INDENTURE ACT company need not make available significant suant to church plans.’’. OF 1939.—Section 304(a)(4)(A) of the Trust In- managerial assistance with respect to any com- (b) AMENDMENT TO THE SECURITIES ACT OF denture Act of 1939 (15 U.S.C. 77ddd(4)(A)) is pany described in paragraph (46)(C)(iii), or with 1933.—Section 3(a) of the Securities Act of 1933 amended by striking ‘‘or (11)’’ and inserting respect to any other company that meets such (15 U.S.C. 77c(a)) is amended by adding at the ‘‘(11), or (14)’’. criteria as the Commission may by rule, regula- end the following new paragraph: (f) PROTECTION OF CHURCH EMPLOYEE BENE- tion, or order permit, as consistent with the pub- ‘‘(13) Any security issued by or any interest or FIT PLANS UNDER STATE LAW.— lic interest, the protection of investors, and the participation in any church plan, company or (1) REGISTRATION REQUIREMENTS.—Any secu- purposes of this title; and’’. account that is excluded from the definition of rity issued by or any interest or participation in SEC. 505. ACQUISITION OF ASSETS BY BUSINESS an investment company under section 3(c)(14) of any church plan, company, or account that is DEVELOPMENT COMPANIES. the Investment Company Act of 1940.’’. excluded from the definition of an investment Section 55(a)(1)(A) of the Investment Com- (c) AMENDMENTS TO THE SECURITIES EX- company under section 3(c)(14) of the Invest- pany Act of 1940 (15 U.S.C. 80a–54(a)(1)(A)) is CHANGE ACT OF 1934.— ment Company Act of 1940, as added by sub- amended— (1) EXEMPTED SECURITIES.—Section 3(a)(12)(A) section (a) of this section, and any offer, sale, or (1) by striking ‘‘or from any person’’ and in- of the Securities Exchange Act of 1934 (15 U.S.C. purchase thereof, shall be exempt from any law serting ‘‘from any person’’; and 78c(a)(12)(A)) is amended— of a State that requires registration or qualifica- (2) by inserting before the semicolon ‘‘, or from (A) in clause (v), by striking ‘‘and’’ at the tion of securities. any other person, subject to such rules and reg- end; (2) TREATMENT OF CHURCH PLANS.—No ulations as the Commission may prescribe as (B) by redesignating clause (vi) as clause (vii); church plan described in section 414(e) of the necessary or appropriate in the public interest and Internal Revenue Code of 1986, no person or or for the protection of investors’’. (C) by inserting after clause (v) the following entity eligible to establish and maintain SEC. 506. CAPITAL STRUCTURE AMENDMENTS. new clause: such a plan under the Internal Revenue Code Section 61(a) of the Investment Company Act ‘‘(vi) solely for purposes of sections 12, 13, 14, of 1986, no company or account that is ex- of 1940 (15 U.S.C. 80a–60(a)) is amended— and 16 of this title, any security issued by or cluded from the definition of an investment (1) in paragraph (2), by striking ‘‘if such busi- any interest or participation in any church company under section 3(c)(14) of the Invest- ness development company’’ and all that follows plan, company, or account that is excluded from ment Company Act of 1940, as added by sub- through the end of the paragraph and inserting the definition of an investment company under section (a) of this section, and no trustee, di- a period; section 3(c)(14) of the Investment Company Act rector, officer, or employee of or volunteer (2) in paragraph (3)(A)— of 1940; and’’. for any such plan, person, entity, company, (A) by striking ‘‘senior securities representing (2) EXEMPTION FROM BROKER-DEALER PROVI- or account shall be required to qualify, reg- indebtedness accompanied by’’; SIONS.—Section 3 of the Securities Exchange Act ister, or be subject to regulation as an in- (B) by inserting ‘‘accompanied by securities,’’ of 1934 (15 U.S.C. 78c) is amended by adding at vestment company or as a broker, dealer, in- after ‘‘of such company,’’; and the end the following new subsection: vestment adviser, or agent under the laws of H12046 CONGRESSIONAL RECORD — HOUSE September 28, 1996 any State solely because such plan, person, ards that would be acceptable to the Com- practice of a broker acting as a dealer on a na- entity, company, or account buys, holds, mission for offerings and listings by foreign tional securities exchange, directing the orders sells, or trades in securities for its own ac- corporations in United States markets. of customers to buy or sell securities to itself for count or in its capacity as a trustee or ad- SEC. 510. STUDIES AND REPORTS. execution under rules that permit the broker to ministrator of or otherwise on behalf of, or (a) IMPACT OF TECHNOLOGICAL ADVANCES.— take priority in execution over same-priced or- for the account of, or provides investment (1) STUDY.— ders or quotations entered prior in time. advice to, for, or on behalf of, any such plan, (A) IN GENERAL.—The Commission shall (d) BROKER-DEALER UNIFORMITY.— person, or entity or any company or account conduct a study of— (1) STUDY.—The Commission, after consulta- that is excluded from the definition of an in- (i) the impact of technological advances tion with registered securities associations, na- vestment company under section 3(c)(14) of and the use of on-line information systems tional securities exchanges, and States, shall the Investment Company Act of 1940, as on the securities markets, including steps conduct a study of the impact of disparate State added by subsection (a) of this section. that the Commission has taken to facilitate licensing requirements on associated persons of (g) AMENDMENT TO THE INVESTMENT COM- the electronic delivery of prospectuses to in- registered brokers or dealers and methods for PANY ACT OF 1940.—Section 30 of the Invest- stitutional and other investors; States to attain uniform licensing requirements ment Company Act of 1940 (15 U.S.C. 80a–29) (ii) how such technologies have changed for such persons. is amended by adding at the end the follow- the way in which the securities markets op- ing new subsections: erate; and (2) REPORT.—Not later than 1 year after the ‘‘(g) DISCLOSURE TO CHURCH PLAN PARTICI- (iii) any steps taken by the Commission to date of enactment of this Act, the Commission PANTS.—A person that maintains a church address such changes. shall submit to the Congress a report on the plan that is excluded from the definition of (B) CONSIDERATIONS.—In conducting the study conducted under paragraph (1). Such re- an investment company solely by reason of study under subparagraph (A), the Commis- port shall include recommendations concerning section 3(c)(14) shall provide disclosure to sion shall consider how the Commission has appropriate methods described in paragraph plan participants, in writing, and not less adapted its enforcement policies and prac- (1)(B), including any necessary legislative frequently than annually, and for new par- tices in response to technological develop- changes to implement such recommendations. ticipants joining such a plan after May 31, ments with regard to— And the Senate agree to the same. 1996, as soon as is practicable after joining (i) disclosure, prospectus delivery, and such plan, that— other customer protection regulations; TOM BLILEY, ‘‘(1) the plan, or any company or account (ii) intermediaries and exchanges in the JACK FIELDS, maintained to manage or hold plan assets domestic and international financial services MICHAEL G. OXLEY, and interests in such plan, company, or ac- industry; BILLY TAUZIN, count, are not subject to registration, regu- (iii) reporting by issuers, including com- DAN SCHAEFER, lation, or reporting under this title, the Se- munications with holders of securities; NATHAN DEAL, curities Act of 1933, the Securities Exchange (iv) the relationship of the Commission DAN FRISA, Act of 1934, or State securities laws; and with other national regulatory authorities RICK WHITE, ‘‘(2) plan participants and beneficiaries and organizations to improve coordination JOHN D. DINGELL, therefore will not be afforded the protections and cooperation; and EDWARD J. MARKEY, of those provisions. (v) the relationship of the Commission BART GORDON, ‘‘(h) NOTICE TO COMMISSION.—The Commis- with State regulatory authorities and orga- ELIZABETH FURSE, sion may issue rules and regulations to re- nizations to improve coordination and co- RON KLINK, quire any person that maintains a church operation. Managers on the Part of the House. plan that is excluded from the definition of (2) REPORT.—Not later than 1 year after ALPONSE D’AMATO, an investment company solely by reason of the date of enactment of this Act, the Com- PHIL GRAMM, section 3(c)(14) to file a notice with the Com- mission shall submit a report to the Con- ROBERT F. BENNETT, mission containing such information and in gress on the results of the study conducted PAUL S. SARBANES, such form as the Commission may prescribe under paragraph (1). CHRIS DODD, as necessary or appropriate in the public in- (b) SHAREHOLDER PROPOSALS.— Managers on the Part of the Senate. terest or consistent with the protection of (1) STUDY.—The Commission shall conduct a investors.’’. study of— JOINT EXPLANATORY STATEMENT OF SEC. 509. PROMOTING GLOBAL PREEMINENCE OF (A) whether shareholder access to proxy state- THE COMMITTEE OF CONFERENCE AMERICAN SECURITIES MARKETS. ments pursuant to section 14 of the Securities The managers on the part of the House and It is the sense of the Congress that— Exchange Act of 1934 has been impaired by re- the Senate at the conference on the disagree- (1) the United States and foreign securities cent statutory, judicial, or regulatory changes; ing votes of the two Houses on the amend- markets are increasingly becoming inter- and ment of the Senate to the bill (H.R. 3005) to national securities markets, as issuers and (B) the ability of shareholders to have propos- amend the Federal securities laws in order to investors seek the benefits of new capital als relating to corporate practices and social is- promote efficiency and capital formation in and secondary market opportunities without sues included as part of proxy statements. the financial markets, and to amend the In- regard to national borders; (2) REPORT.—Not later than 1 year after the vestment Company Act of 1940 to promote (2) as issuers seek to raise capital across date of enactment of this Act, the Commission more efficient management of mutual funds, national borders, they confront differing ac- shall submit a report to the Congress on the re- protect investors, and provide more effective counting requirements in the various regu- sults of the study conducted under paragraph and less burdensome regulation, submit the latory jurisdictions; (1), together with any recommendations for reg- following joint statement to the House and (3) the establishment of a high-quality ulatory or legislative changes that it considers the Senate in explanation of the effect of the comprehensive set of generally accepted necessary to improve shareholder access to action agreed upon by the managers and rec- international accounting standards in cross- proxy statements. ommended in the accompanying conference border securities offerings would greatly fa- (c) PREFERENCING.— report: cilitate international financing activities (1) STUDY.—The Commission shall conduct a and, most significantly, would enhance the study of the impact on investors and the na- The Senate amendment struck all of the ability of foreign corporations to access and tional market system of the practice known as House bill after the enacting clause and in- list in United States markets; ‘‘preferencing’’ on one or more registered securi- serted a substitute text. (4) in addition to the efforts made before ties exchanges, including consideration of— The House recedes from its disagreement the date of enactment of this Act by the (A) how preferencing impacts— to the amendment of the Senate with an Commission to respond to the growing inter- (i) the execution prices received by retail secu- amendment that is a substitute for the nationalization of securities markets, the rities customers whose orders are preferenced; House bill and the Senate amendment. The Commission should enhance its vigorous sup- and differences between the House bill, the Sen- port for the development of high-quality (ii) the ability of retail securities customers in ate amendment, and the substitute agreed to international accounting standards as soon all markets to obtain executions of their limit or- in conference are noted below, except for as practicable; and ders in preferenced securities; and clerical corrections, conforming changes (5) the Commission, in view of its clear au- (B) the costs of preferencing to such cus- made necessary by agreements reached by thority under law to facilitate the access of tomers. the conferees, and minor drafting and cleri- foreign corporations to list their securities (2) REPORT.—Not later than 6 months after cal changes. in United States markets, should report to the date of enactment of this Act, the Commis- the Congress, not later than 1 year after the sion shall submit a report to the Congress on the The Managers agreed to the following reso- date of enactment of this Act, on progress in results of the study conducted under paragraph lution of issues between the House and Sen- the development of international accounting (1). ate bills. standards and the outlook for successful (3) DEFINITION.—For purposes of this sub- The development and growth of the na- completion of a set of international stand- section, the term ‘‘preferencing’’ refers to the tion’s capital markets has prompted the September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12047 Congress to examine the need for legislation sion requires investment companies to main- ing changes of the securities laws since their modernizing and rationalizing our scheme of tain for inspection. The legislation does not enactment. This legislation will eliminate un- securities regulation to promote investment, grant the Commission authority to inspect necessary regulatory burdens and the costs decrease the cost of capital, and encourage any other documents that an investment that they impose on American businesses and competition. The Managers have sought to company may maintain. achieve these goals while also advancing the The Managers agreed to include amend- investors. This legislation, at long last, makes historic commitment of the securities laws ments to the Securities Act of 1933, and the sense of the regulatory responsibilities of the to promoting the protection of investors. In Securities and Exchange Act of 1934 to elimi- federal and state governments. It also is a bi- particular, the system of dual Federal and nate duplication, promote efficiency and pro- partisan reduction of the fees paid by inves- state securities regulation has resulted in a tect investors. tors to the Treasury, which will reduce the size degree of duplicative and unnecessary regu- The Managers agreed to include amend- of our federal government. This landmark bill lation. Securities offerings and the brokers ments to the Investment Company Act of has been achieved through the cooperation of and dealers engaged in securities trans- 1940 to eliminate duplication, promote effi- all of my colleagues of the House and Senate. actions are all currently subject to a dual ciency and protect investors. system of regulation that, in many in- Their ability to set aside their differences and The Managers agreed to include reauthor- reach sensible compromises is the reason we stances, is redundant, costly, and ineffective. ization of the SEC to reauthorize the Com- During the course of consideration of this mission, and to reduce over time the fees col- are here to mark this bipartisan legislative vic- legislation, the Congress received testimony lected by the agency. It is the intent of the tory, and for that I thank each one of them. indicating that this duplicative regulation Managers that at the end of the applicable I am proud to say that this legislation rep- tends to raise the cost of capital to Amer- ten year period, the SEC collect in fees a resents an agreement that reduces SEC fees ican issuers of securities without providing sum approximately equal to the cost of run- through bipartisan support. The SEC currently commensurate protection to investors or to ning the agency. collects more than double the costs of running our markets. Testimony also indicated that The Managers agreed to include certain the agency. This is a tax on capital that all in- technological change has transformed the amendments to the Investment Advisers Act capital raising process, necessitating vestors pay, and a problem that this legislation of 1940 to eliminate duplication, promote ef- will solve by substantially reducing the reg- changes in the regulatory scheme to facili- ficiency, and protect investors. tate the flow of information to potential in- istration fee over time that is assessed on se- vestors and reduce the marginal cost of cap- TOM BLILEY, curities offerings. Not only will we put $850 ital to firms. The Managers have sought to JACK FIELDS, million back into the pockets of American in- eliminate duplicative and unnecessary regu- MICHAEL G. OXLEY, vestors over the next 10 years, but we have latory burdens while preserving important BILLY TAUZIN, eliminated the tax entirely starting in the 11th DAN SCHAEFER, investor protections by reallocating respon- year, saving investors over $800 million each sibility over the regulation of the nation’s NATHAN DEAL, securities markets in a more logical fashion DAN FRISA, year thereafter. This is a vital step toward between the Federal government and the RICK WHITE, reigning in government spending and requiring states. JOHN D. DINGELL, Congress to be more fiscally responsible while With respect to securities offerings, the EDWARD J. MARKEY, striving for maintaining a balanced budget. Managers have allocated regulatory respon- BART GORDON, This legislation is the result of a long and sibility between the Federal and state gov- ELIZABETH FURSE, difficult process, but it is well worth the effort. ernments based on the nature of the securi- RON KLINK, By reducing unnecessary regulation, the bur- ties offering. Some securities offerings, such Managers on the Part of the House. dens and costs that businesses must over- as those made by investment companies, and certain private placements are inherently ALFONSE D’AMATO, come to access the capital markets will be sig- national in nature, and are therefore subject PHIL GRAMM, nificantly reduced. The most significant to only Federal regulation. Smaller, re- ROBERT F. BENNETT, change this Act will effect is to create a na- gional, and intrastate securities offerings re- PAUL S. SARBANES, tional unified system of regulation. Securities main subject to state regulation. The Man- CHRIS DODD, offerings that are national in character, includ- agers have preserved the authority of the Managers on the Part of the Senate. ing securities offered by mutual funds and se- states to protect investors through applica- f curities sold to sophisticated investors, will tion of state antifraud laws. This preserva- CONFERENCE REPORT ON H.R. 3005, now be regulated only by the SEC. tion of authority is intended to permit state NATIONAL SECURITIES MARKETS By streamlining the regulation of the mutual securities regulators to continue to exercise fund industry, funds will benefit from significant their police power to prevent fraud and IMPROVEMENT ACT OF 1996 administrative savings, which they can pass broker-dealer sales practice abuses, such as Mr. BLILEY. Mr. Speaker, I move to on to their investors. This means that we are churning accounts or misleading customers. suspend the rules and agree to the con- putting money back in the pockets of nearly It does not preserve the authority of state ference report on the bill (H.R. 3005) to securities regulators to regulate the securi- one third of American families This is real sav- amend the Federal securities laws in ties registration and offering process ings that is long overdue and is a result of a through commenting on and/or imposing re- order to promote efficiency and capital more logical and efficient approach to regulat- quirements on the contents of prospectuses formation in the financial markets, ing the securities markets. or other offering documents, whether prior and to amend the Investment Company This legislation includes a creative new pro- to their use in a state or after such use. The Act of 1940 to promote more efficient vision that will promote the capital formation Conference Report requires the SEC to con- management of mutual funds, protect process by increasing opportunities for private duct a study on the lack of uniformity in investors, and provide more effective investment companies and venture capital state regulation of non-covered securities. and less burdensome regulation. Such study shall focus on the effect of such firms. This new provision will enable these uniformity or lack thereof on the cost of The Clerk read the title of the bill. companies to include an unlimited number of capital, innovation and technological devel- (For conference report and statement qualified investors, rather than the 100 person opment in securities markets, and duplica- see immediately preceding proceedings limit they are subject to today. By increasing tive regulation with respect to securities is- of the House.) the domestic venues available to investors, we suers, including small business. The SPEAKER pro tempore. Pursu- will help expand our investment capital. This The National Securities Markets Improve- ant to the rule, the gentleman from will improve liquidity in this valuable market ment Act of 1996 eliminates burdens and en- Virginia [Mr. BLILEY] and the gen- hances innovation and efficiency for invest- that many small business depend on for the tleman from Massachusetts [Mr. MAR- ment companies. Among these changes are capital they need to expand and create new provisions to facilitate the creation of funds, KEY] each will control 20 minutes. jobs. including funds of funds comprising unit in- The Chair recognizes the gentleman Furthermore, the National Securities Mar- vestment trusts, to facilitate and streamline from Virginia [Mr. BLILEY]. kets Improvement Act will require the SEC to the registration process for investment com- (Mr. BLILEY asked and was given conduct meaningful cost-benefit analysis of panies, and improve the efficiency and use- permission to revise and extend his re- proposed rulemakings that directly affects all fulness of investment company advertising. marks.) securities issuers. Under this new provision, In addition, the legislation grants the Secu- Mr. BLILEY. Mr. Speaker, I yield the SEC must weigh the cost of every rule rities and Exchange Commission additional myself such time as I may consume. authority regarding investment company they propose against the burden those rules books and records, and the preparation of Mr. Speaker, it is with great pleasure that I would impose on the engine of our economy. shareholder reports. This authority is lim- rise in support of the National Securities Mar- This provision is simply common sense: ited, however, and permits the Commission kets Improvement Act of 1996 today. This im- meaningful regulation should not impose un- only to examine records that the Commis- portant legislation represents the most sweep- necessary burdens and costs. H12048 CONGRESSIONAL RECORD — HOUSE September 28, 1996 By passing this legislation today, we will be Mr. Speaker, there are a lot of good DAN FRISA; the work of someone who I sending a bill to the President that facilitates things in this bill, especially in the admire as much as anyone in the House the American dream without compromising the mutual funds area, where we are over- of Representatives, the person that integrity of our markets. The cooperation and hauling 50 year’s worth of law, reform- many of us consider to be our mentor, compromise that has led us to this consensus ing it so it reflects now the new finan- even though he is on the other side of legislation speaks volumes for every partici- cial marketplace that has been con- the aisle, the gentleman from Michi- pant in this process, and I urge you to support structed over the last 10 or 15 years in gan, JOHN DINGELL. this legislation. this country and around the globe. I have really saved one person for I would like to thank my friend FRITZ HOL- It includes an 800 number that indi- last, Mr. Speaker. I am not, in my last LINGS for his assistance in finding a solution of vidual investors can call in order to speech, going to be outgracioused by SEC funding, my colleagues in the House, find out what the record is of the in- the gentleman from Massachusetts JACK FIELDS, JOHN DINGELL, ED MARKEY, MIKE vestment advisers that are seeking the [Mr. MARKEY]. But before I pay the ac- OXLEY, BILLY TAUZIN, DAN SCHAEFER, DAN business of individuals with their life colades to the gentleman from Massa- FRISA, RICK WHITE, NATHAN DEAL, RICK BOU- savings. chusetts, it is important that this CHER, and RON KLINK who have all worked It includes much that is good, Mr. House have perspective. EDDIE and I really began to work on hard to achieve this victory. Speaker. That is largely a tribute to Mr. Speaker, this is the first major the gentleman from Texas [Mr. this product last year. We attempted to get some help from the other side of overhaul of securities law in 60 years. FIELDS]. I know that I join with all It is a good bill, it is a bipartisan bill, Members in standing here this evening the Capitol. I have to point out to my and I want to commend, first of all, the in praise of his work, and in knowing colleagues that we did not have much engagement from the other side of the chairman of the subcommittee, the that this final bipartisan effort is Capitol until this week, but it is impor- gentleman from Texas [Mr. FIELDS]. something that is in fact indicative of tant to recognize that the foundation This will be his last bill on the floor. the way in which he conducted his sub- for this bill, and I think that it is an He did yeoman work. And I want to committee. example for the House, occurred sev- commend the gentleman from Massa- Mr. Speaker, I want to praise, as eral months ago, when the gentleman chusetts [Mr. MARKEY] without whose well, the gentleman from Virginia [Mr. from Massachusetts, ED MARKEY, and I help we would not be here right now. BLILEY] and the gentleman from Ohio met in my office to talk about our He and Mr. FIELDS worked together, we [Mr. OXLEY]. They, along with the commonality, what was in a bill that produced a bill that passed out of this Members on our side, worked together had been introduced. We did not focus patiently over the last year and a half House with 408 votes, it went to the on our differences. If we did, we could toward the construction of this his- other body, they passed theirs. We have stopped the process right there. went to conference, and we did not get toric legislation, and I cannot tell the But instead, we talked about what everything we wanted, as all of us Members tonight how proud I am to be was good for the consumer, the invest- know in the legislative process we do part of the team that brings it out here ing public, to make sure that the safe- not do. to the floor. guards that have given us the strongest But I must say this. The gentleman Mr. Speaker, I reserve the balance of financial markets in the world with the from Massachusetts, the gentleman my time. highest integrity, that that would Mr. FIELDS of Texas. Mr. Speaker, I from Michigan, have been true states- never be compromised. Everything that men. We have worked together. This is yield myself such time as I may is in this piece of legislation started good policy, it is good for the Nation, consume. that night. and while we did not get everything we Mr. Speaker, very seldom do I actu- From that night, we had improve- wanted, we have pulled together, and I ally come to the floor; very seldom ments made at the subcommittee, would hope that we would pass this bill have I, in the 16 years I have been in made at the full committee, even here overwhelmingly. Congress. I have always enjoyed work- on the floor. We did go into a con- Mr. Speaker, I reserve the balance of ing in the committee and making ference with the Senate. I think we are my time. whatever contributions that I can. fortunate to be able to report that that Mr. MARKEY. Mr. Speaker, I yield I think it is somewhat ironic that to- conference concluded. But again, I myself as much time as I may night, the last night of my legislative want to point out, particularly to my consume. career here in the House, I am fortu- colleagues on this side of the aisle, Mr. Speaker, I seek recognition at nate to have before the body, with my that if it had not been for my friend this time so that I can properly recog- colleagues, a piece of legislation that is and my colleague looking for com- nize the work of the gentleman from truly historic, that is truly landmark. monality and looking to do the right Texas [Mr. FIELDS]. This is Mr. FIELDS’ I certainly appreciate the indulgence of thing for the investing public, the gen- last bill out here on the floor of Con- our colleagues as we pass this particu- tleman from Massachusetts, we would gress, and it is indeed a historic bill. lar piece of legislation. not be standing here. Paired with the telecommunications Mr. Speaker, I have to say this has I have to tell the Members, in all bill which passed the Congress in Feb- been a long process. I want to begin by candor, the U.S. Senate was more of an ruary of this year, this historic securi- thanking the staff. We usually tend to obstacle than an asset in this particu- ties bill represents the other historic thank the staff at the very end, but I lar process. It would have been very landmark legislation which has passed want to thank Linda Rich, David easy for my friends on this side of the the Congress and will be signed by the Cavicke, Brian McCullough, J.D., aisle to say that an agreement that we President during the 2-year tenure of Charles, Steve Cope, Tim Forde, Jeff had originally reached, a good agree- Mr. FIELDS as chairman of this com- Duncan, Consuela Washington, Christy ment, that agreement was gone. But mittee. Strawman on my staff. they did not walk away. None of us are Mr. Speaker, I would like all of the Without all of these people, we would completely happy with everything that Members to pay recognition to the gen- not have been able to put this massive is in this bill, or some things that are tleman from Texas [Mr. FIELDS] at this reform together, because this reforms not here, but I know I have a commit- time for the tremendous work which he the 1934 Securities Act and the 1940 In- ment from my friend, and in talking to has done. vestment Company Act, so this is truly my friends on this side of the aisle, to landmark legislation. continue to work next year for any- b 2015 Mr. Speaker, I would be remiss if I thing that we think needs to be added, Mr. Speaker, JACK is more than a did not begin by recognizing the work any deficiencies that might be there. congressman and chairman to me; he is of the chairman, the gentleman from Having said that, Mr. Speaker, let me my good friend as well. That is why the Virginia, Mr. BLILEY, saving $850 mil- come back to the substance of this par- gentleman from Michigan [Mr. DIN- lion over a 10-year period in fees for the ticular piece of legislation. We bring GELL] and I and all the Members on our financial industry; the work of the gen- the financial markets of this country side have had such a wonderfully pro- tleman from Ohio, MIKE OXLEY; the into the 21st century. We end regula- ductive working relationship with him. work of the gentleman from New York, tion in its duplicative sense that is September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12049 needless and costs money wastefully, Mr. DINGELL. Mr. Speaker, I thank vantage of by a number of unprinci- but we do not compromise investor my friend, the gentleman from Massa- pled, irresponsible, and incompetent protection. chusetts [Mr. MARKEY], for yielding people who function in this industry to What the chairman said just a mo- time to me. their own great benefit and enrich- ment ago, the gentleman from Virginia Mr. Speaker, I want to commend the ment. [Mr. BLILEY], this is a bipartisan con- gentleman for the outstanding job he In any event, I urge the passing of sensus product. This is my final legis- has done on this, and also our chair- this bill. I salute the gentleman from lative act. This will be one of my last man, the gentleman from Virginia [Mr. Texas [Mr. FIELDS]. I salute my col- votes. We all hope that it is an oral BLILEY], and the gentleman from Ohio leagues who have worked on it. I do vote. We plan for it to be an oral vote. [Mr. OXLEY]. want to salute the staff, which has But we are proud of what we have been I also want to express my particular worked very hard to bring us to where able to do in working together. Mr. affection and respect for the distin- we are today. Speaker, I am very proud that this is guished gentleman from Texas [Mr. Mr. MARKEY. Mr. Speaker, I yield my last legislative act that I bring to FIELDS] who is up, I think, for the last myself such time as I may consume. the floor. time tonight. He is a superb Member of Mr. Speaker, I would ask if I could Mr. OXLEY. Mr. Speaker, will the this body. He will be missed. He has engage in a colloquy with the gen- gentleman yield? earned the respect and affection of his tleman from Texas. Mr. FIELDS of Texas. I yield to the colleagues by dint of his integrity, his Mr. Speaker, I would ask the chair- gentleman from Ohio. honesty, and the way in which he has man, is it the manager’s intention not (Mr. OXLEY asked and was given handled legislation. I will miss him, al- to limit, alter, expand, or otherwise af- permission to revise and extend his re- though I will rejoice that he will con- fect in any way any State, statutory, marks.) tinue to be my friend. or common law with respect to fraud or Mr. OXLEY. Mr. Speaker, I thank This is a good bill. It represents a the chairman of the subcommittee for deceit, including broker-dealer sales huge amount of hard work, leadership, practices, in connection with securities yielding to me. Let me also heap praise and effort. It is, as I mentioned, the on him and the gentleman from Massa- or securities transactions? last security bill for our good friend, Mr. FIELDS of Texas. Mr. Speaker, chusetts [Mr. MARKEY]. Other than the the gentleman from Texas [Mr. fact that both gentlemen have funny will the gentleman yield? FIELDS], and a fitting tribute to both accents, they have very little in com- Mr. MARKEY. I yield to the gen- him and to the gentleman from Massa- mon, except for their efforts to craft tleman from Texas. chusetts [Mr. MARKEY], and to our legislation that will last for a long, Mr. FIELDS of Texas. Mr. Speaker, chairman, the gentleman from Virginia long time. In both the telecommuni- the gentleman is corrected in his un- [Mr. BLILEY], because of the way they cations legislation, the first major derstanding. have worked together to see to it that telecommunications legislation in 62 Mr. MARKEY. Mr. Speaker, I thank this bill could come to fruition. years, and now the Securities Act, both the chairman very much for that state- Mr. Speaker, the National Securities ment. gentlemen have shown terrific leader- Improvements Act is an important ship on both these very important is- Mr. Speaker, we have come a long piece of legislation. It enjoys, and way in the last year and a half on this sues. properly so, bipartisan support, as well Indeed, your legacy, JACK, will be legislation. I think many observers as the support of the industry. It is de- with these two major pieces of legisla- would have thought it was impossible regulatory in a proper fashion, while at tion. For that the gentleman from that we could have had such a historic the same time preserving and enhanc- Texas [Mr. FIELDS] is to be congratu- overhaul of securities laws. ing investor protections, something lated by all of the Members. At the beginning we were on different Mr. FRISA. Mr. Speaker, will the which is the real purpose of the Amer- planets in terms of how we viewed gentleman yield? ican securities market and the Amer- these issues. But back in March, the Mr. FIELDS of Texas. I yield to the ican securities law. gentleman from Texas, JACK FIELDS, gentleman from New York. Mr. Speaker, I am, I will observe, and I, we went to his office for 2 hours, (Mr. FRISA asked and was given per- deeply disappointed in the investment sat down and went through each and mission to revise and extend his re- advisers provisions. No fault attaches every issue trying to find the common marks.) to my colleagues on this side, but rath- ground in each and every one of them. Mr. FRISA. Mr. Speaker, I would like er, the fault exists over in the other The agreement in principle that we to also, as a conferee on this legisla- body. This body and the other body, be- reached that night is the core of this tion, express my thanks to the gen- cause of the impasse on this matter, legislation. tleman from Texas [Mr. FIELDS] and to have passed up an opportunity to bet- It is altogether fitting that it be the the chairman, the gentleman from Vir- ter police investment advisers, finan- last bill before the continuing resolu- ginia [Mr. BLILEY], for giving me the cial planners, and to give the SEC the tion that we in fact take up here, be- opportunity to participate as a new resources and regulatory tools that are cause when the history of this Congress Member of this House on such an im- needed to put in jail or to put out of is written, there is no question that portant piece of legislation, as they business a number of scoundrels, this securities overhaul and the tele- both did on the telecommunications crooks, swindlers, and others who, very communications overhaul will be at act reform. frankly, are advantaging themselves the top of the list in terms of construc- I support this legislation as well, and and enriching themselves at the ex- tive, productive use of this Congress. It also extend my thanks to the gen- pense of the little investor. To do that is a tribute to JACK and his under- tleman from Massachusetts, Mr. MAR- is a great shame. standing of the need to develop biparti- KEY, and the gentleman from Michigan, In that, there is one significant fail- sanship in the development of legisla- Mr. DINGELL, as well, I must say, to the ure in this legislation. The bill before tion which will leave that legacy for chairman of the Committee on Bank- us on these matters essentially main- him to look back at. ing on the other side, Mr. D’AMATO, tains the status quo. It does not con- b 2030 who is my Senator, and whom I rep- tain the additional resources and inves- resent, for his efforts on bringing this tor protections sought by the House in We deal here with national securities to final closure. I support this legisla- this matter. Indeed, these provisions offerings in a way that will preempt tion. were passed by the House twice before. duplicative State review of mutual Mr. FIELDS of Texas. Mr. Speaker, I Nonetheless, no discredit attaches in funds and stocks and bonds. We over- reserve the balance of my time. this matter to any of my colleagues on haul the margin provisions of this Mr. MARKEY. Mr. Speaker, I yield the committee. They did their best in country. such time as he may consume to the trying to protect and preserve these The mutual fund company reforms gentleman from Michigan [Mr. DIN- provisions, and they are important, as that are included in this bill are the GELL], the ranking Democrat on the I reiterate, to the little investors in greatest since 1940 that have come Committee on Commerce. this country, who are being taken ad- through this Congress. We have gone H12050 CONGRESSIONAL RECORD — HOUSE September 28, 1996 through months of discussion to reach vides investors with all the information they are a lot of people who feel they sit on this point. But it is, as technical as it need to make informed decisions in this area. the best subcommittee or on the best may be, as significant a piece of legis- In this regard, I would expect the Hotline to in- committee, and certainly I do, in that lation as we will have passed during clude the same types of information avail- particular regard. Our Members are en- this 2 years that the 104th Congress ableÐor which is now slated to be made gaged, both sides of the aisle, they are was convened. availableÐto investors over the existing NASD very intelligent, they are very focused, Let me join as well in praising Linda hotline for broker dealers. In addition, I expect and I always feel that they are moti- Dallas Rich and David Cavicke; Steve that the new Hotline will also be supplemented vated for the right reason. Cope, who sits over there, J.D.; and on by on-line services that will allow investors to So it is a great moment of pride that, our side Consuela Washington; and Jeff access this type of information over the as I close out my legislative career, I Duncan; and David Moulton; and espe- InternetÐsimilar to what is now being planned am standing here tonight with a prod- cially, because of his incredible efforts for the current NASD broker-dealer Hotline. uct that we all can be proud of as a on this project over the last year and a With respect to Federal-State jurisdiction, Congress as we go home, and it is half, consuming enormous amounts of the conference compromise assigns primary something that we should all talk time, with his wife pregnant, or just responsibility to the SEC for supervision of about, but we should talk about this as having had a baby, depending upon the large investment advisers while reserving for a joint product that occurred from circumstance a year and a half ago or the states primary supervisory responsibility both sides of the aisle. right now, Tim Ford. for small advisers. At the same time, we Mr. MARKEY. Mr. Speaker, will the We all know, most of the Members agreed that the States should continue to gentleman yeild? here, how humble we have to be at mo- have authority to license the individual rep- Mr. FIELDS of Texas. I yield to the ments like this with a continuing reso- resentatives of investment advisers. gentleman from Massachusetts. lution and so much important legisla- Finally, the bill provides for uniformity in Mr. MARKEY. Again, I thank the tion coming through here, that with- State requirements in books and records, cap- gentleman. out the work of the staff, it would not itol, and bonding requirements. In conclusion, I also thank the gen- be possible. This is an equitable compromise in this im- tleman from Virginia, TOM BLILEY, fol- So let me finish again. Without ques- portant area. However, it leaves unaddressed lowing the tradition of the gentleman tion, the gentleman from New York, other issues that I continue to consider impor- from Michigan, JOHN DINGELL, in creat- DAN FRISA; and the gentleman from tant to assuring investors are fully protected ing the climate at our committee his- Virginia, RICK BOUCHER; so many other against wrongdoing by their investment advis- torically that has made it possible. Members, I see the gentleman from ers, such as enhanced disclosure of fees and And Alan Roth and J.D. on this bill Michigan, BART STUPAK, here; all par- conflicts-of-interest. I intend to continue to helped to create the environment ticipated in this bill. press for these reforms in the next Congress. where the Members worked together to Mr. Speaker, I yield back the balance Again, for me, it is a moment where produce this bill. of my time. I say good-bye legislatively to my good Mr. FIELDS of Texas. Mr. Speaker, Mr. FIELDS of Texas. Mr. Speaker, I the gentleman makes an excellent friend, the gentleman from Texas, JACK yield myself such time as I may point. We would not be here if it had FIELDS. And I say good-bye because, in consume, but let me inform the body not been for the gentleman from Michi- a sea of acrimony, there was an air of that I will be very brief so that we can gan, JOHN DINGELL, and Chairman BLI- good feeling that he was able to de- move on. I know everyone wants to get LEY bringing all this to closure. velop that produced historic legislation to the continuing resolution. in two areas that could have been in- Mr. Speaker, I want to amplify some- With that, Mr. Speaker, I think it is tractable in the wrong hands. thing that my good friend, the gen- appropriate that we now pass the torch to the gentleman from Ohio [Mr. For that, I salute you, JACK. tleman from Massachusetts, ED MAR- OXLEY] and the gentleman from Massa- The statement of managers on this con- KEY, said just a moment ago. We are ference report notes that ``The Managers taking a few minutes to talk in very chusetts [Mr. MARKEY] to continue the agreed to include certain Amendments to the general terms about a very complex legacy of this particular subcommit- Investment Advisers Act of 1940 to eliminate piece of legislation, that is just as mas- tee, the legacy that we have enjoyed publication, promote efficiency and protect in- sive in reform as our reform was of over many sessions. vestors.'' I would like to take just a few mo- telecommunications, and we are cer- Mrs. COLLINS of Illinois. Mr. Speaker, I rise ments to describe what these amendments do tainly not doing justice in this short in support of H.R. 3005, the Securities and the congressional intent underlying them. time period to what we have done, and Amendment of 1996. During three hearings First, the bill provides a $20 million author- I want to acknowledge that. held on securities amendments, the Com- ization for the enforcement of the Investment But, again, I want to emphasize to merce Committee of which I am a member, Advisers Act of 1940, which regulates invest- this House that while this is my last heard support for sensible, targeted efforts to ment advisers and financial planners. These speech, this is my last legislative act, reform Federal securities laws to promote funds are intended to be used to beef up the the real magic here, which I hope is de- greater efficiency and capital formation in U.S. SEC's inspections, examinations, supervision, monstrable to the rest of the House, is financial markets. We also heard from a num- and enforcement of the Advisers Act. For too the fact that people who come from ber of witnesses, including Securities and Ex- many years, the SEC has not devoted ade- very different backgrounds, from dif- change Commission Chairman Arthur Levitt, quate resources to this area, and this author- ferent sides of the aisle, different polit- who urged us to proceed carefully and cau- ization is intended to reverse that situation. I ical persuasions, put aside differences tiously, keeping in mind the fact that investor am committed to assuring that funds are ap- which we could have focused on and in- confidence and consumer protection must not propriated for this area, and intend to work stead looked at what was best for the in any way be compromised in this undertak- closely with the SEC and the administration to American consuming public, and we fo- ing. I agree fully. I was extremely pleased that assure this is the case. cused there, and we found commonality a bipartisan agreement was reached that Second, the conference report provides for and looked for the best policy. heeded Chairman Levitt's sage advice. the establishment of a toll-free 800 number Again, this is not a singular effort. As we all know, U.S. capital markets are the that investors can call to check on the discipli- For 4 years, I have had the opportunity strongest financial markets in the world. nary history of an investment adviser. This to work with the gentleman from Mas- Today, nearly one-third of all families in the provision gives investors the tools they need sachusetts, ED MARKEY, in the last Nation have a portion of their savings invested to protect themselves against dishonest, un- Congress as the senior Republican on in stocks, bonds, and mutual funds in order to scrupulous, or shady individuals by letting the Subcommittee on Telecommuni- ensure a better future for themselves and their them call a number to check and see whether cation and Finance, and this year being loved ones. These investors have trust in their the person they are considering turning over fortunate to be its chairman. I am investments because our regulatory system their life savings to has any history of previous going to say that I am a blessed Mem- has proven beneficial in protecting individuals disciplinary problems relating to fraud, sales ber that I had this particular individ- from fraud and abuse perpetuated by unscru- practice abuse, or other misconduct. I expect ual to work with for 4 years. pulous brokers and dealers. We will be pre- the SEC to move quickly to assure that this I also do not want to take away from serving and strengthening this trust with the 800 number is established, and that it pro- the Members on my side. I know there legislation we consider before us today. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12051 This legislation will maintain the authority of (For conference report and state- about because some of the bills got sty- State securities regulators to police wrong- ment, see prior proceedings of the mied on the other side. But in order to doing. In addition, the legislation ensures that House of today.) come to closure on these matters as the SEC mandate to protect American inves- The SPEAKER pro tempore. The gen- well as to address the needs for in- tors and the public interest as well as the tleman from Louisiana [Mr. LIVING- creased funding for antiterrorism pro- long-term stability of our major markets re- STON] and the gentleman from Wiscon- grams, the drug initiative, disaster as- mains intact. This is a most important point. sin [Mr. OBEY] each will control 30 min- sistance for Hurricane Fran, wildfires While there is room to fine tune the regulatory utes. in the West, and to consider the de- functions of the SEC, reforms must never be The Chair recognizes the gentleman mands of the administration for fund- structured in such a way that they undermine from Louisiana [Mr. LIVINGSTON]. ing certain programs, we had to com- consumer confidence. GENERAL LEAVE bine all of these remaining bills into This bill, H.R. 3005, does not seek to great- Mr. LIVINGSTON. Mr. Speaker, I ask one legislative agenda, one legislative ly limit inspections of brokerage firms who unanimous consent that all Members package, which sits before you so the have violated SEC rules or relieve firms of li- may have 5 legislative days within trade-offs could be made and the pack- ability for recommending unsuitably risky in- which to revise and extend their re- age could be viewed as a balanced one. vestments to institutional clients. The bill also marks and include extraneous material As many of the Members know, the modifies previous language that would have on the conference report to accompany administration asked for additional do- eliminated the requirement in current law that H.R. 3610 and that I may include tab- mestic spending that would be offset by investors be sent a prospectus and informed ular and extraneous material. cuts in the defense appropriations bill. of the risks they face before they buy newly The SPEAKER pro tempore. Is there That was unacceptable to me, and it offered securities by requiring the SEC to objection to the request of the gen- was unacceptable to the gentleman move forward with its study of this issue. tleman from Louisiana? from Florida, BILL YOUNG, the chair- Mr. Speaker, there is undoubtedly a need to There was no objection. man of the Subcommittee on National monitor mutual fund regulation to fully account Mr. LIVINGSTON. Mr. Speaker, I Security. for the constantly evolving size, complexity, yield myself such time as I may We both insisted that no further cuts and investment opportunities of our Nation's fi- consume. be made to the level of funding in the nancial markets. While mutual funds have Mr. Speaker, today I am pleased to defense bill and that other offsets must grown by more than 20 percent annually bring before the House the Omnibus be found to pay for their wish list of throughout the 1980's and into the 1990's, Consolidated Appropriations Act of domestic spending. We refused to cut Congress has not addressed the issue of fund 1997 that will fund the remaining ap- defense further. regulation since 1970. This bill updates our propriations bills for the full fiscal Mr. YOUNG put together a good de- securities laws and will support and improve year and allow us to go home. fense appropriations bill that provides the industry. I urge my colleagues to approve I want to say up front that the proce- for a strong national defense and meets the conference report on H.R. 3005. I yield dure that we were forced to follow was the needs of American servicemen, and back the balance of my time. less than desirable. That procedure was women whether they be in Bosnia or Mr. FIELDS of Texas. Mr. Speaker, I initially caused by the other body’s in- flying over Iraq or Saudi Arabia or Ku- yield back the balance of my time. ability to complete consideration of wait or elsewhere all around the globe. In a minute I will be happy to yield The SPEAKER pro tempore (Mr. five appropriation bills. We also had to to the gentleman from Florida [Mr. DREIER). The question is on the motion address the demands of the Clinton ad- YOUNG], so he can explain the portion offered by the gentleman from Texas ministration to increase domestic of the bill that relates to the national [Mr. FIELDS] that the House suspend spending. defense. But in the meantime, I want the rules and agree to the conference But the House was able to get its to say that this appropriation measure report on the bill, H.R. 3005. work done. We passed all of our bills carries full-time funding for 6 complete The question was taken; and (two- promptly this summer, all 13 appro- bills, virtually half of the budget of the thirds having voted in favor thereof) priations bills. That would not have United States Government. It includes the rules were suspended and the con- been the case without the dedicated, the Subcommittee on Commerce, Jus- ference report was agreed to. steadfast, and conscientious effort of tice, State and Judiciary; the Depart- A motion to reconsider was laid on all of the Members of the House, but ment of Defense, the Subcommittee on the table. most especially my friend the gen- f Foreign Operations, Export Financing tleman from Wisconsin, DAVID OBEY, and Related Programs; the Subcommit- GENERAL LEAVE the ranking minority member of the tee on the Interior; the Subcommittee committee, as well as all of the sub- Mr. FIELDS of Texas. Mr. Speaker, I on Labor, Health and Human Services committee chairmen; all of the rank- ask unanimous consent that all Mem- and Education; and the Subcommittee ing members of subcommittees; all of bers may have 5 legislative days within on Treasury, Postal Service, and Gen- the members of the Committee on Ap- which to revise and extend their re- eral Government. propriations; and especially, the dedi- marks on the conference report to ac- In addition to augmenting various cated staff, majority and minority; the company H.R. 3005. programs in these annual spending The SPEAKER pro tempore. Is there gentleman who sits next to me, the bills, we are providing funding for the objection to the request of the gen- chief clerk of the Committee on Appro- antiterrorism program of some $981 tleman from Texas? priations, Jim Dyer; the gentleman million, we are giving $8.8 billion for a There was no objection. that sits next to him, Dennis Kedzior; drug initiative to combat drug abuse f Fred Mohrman, who is not here tonight and to interdict the inflow of drugs but who helped get us started in the into this country, and we are providing CONFERENCE REPORT ON H.R. 3610, 104th Congress; Scott Lilly, the rank- nearly $400 million for relief from dis- DEPARTMENT OF DEFENSE AP- ing minority clerk over there sitting asters such as Hurricane Fran. PROPRIATIONS ACT, 1997 next to the gentleman from Wisconsin The sizable offsets included in the Mr. LIVINGSTON. Mr. Speaker, pur- [Mr. OBEY]; and all of the other dedi- bill, for example, from the BIF/SAIF suant to the previous order of the cated staff, many of whom have not program that we will hear about the House, I call up the conference report even slept a single minute over the last gentleman from Iowa [Mr. LEACH] and on the bill (H.R. 3610) making appro- 3 or 4 days to prepare this bill. the gentlewoman from New Jersey priations for the Department of De- They have done just an incredible job [Mrs. ROUKEMA] and the spectrum sale fense for the fiscal year ending Sep- against overwhelming odds, bearing a both fully fund the deficit impact in tember 30, 1997, and for other purposes. tremendous work load, and I can tell any spending in this bill. The Clerk read the title of the bill. them all that I am deeply appreciative I want to reiterate, this bill does not The SPEAKER pro tempore. Pursu- of their efforts. Because of them we add to the deficit. In fact, this bill ant to the order of the House of today, were able to get our work done. completes our final step in the 104th the conference report is considered as Now the procedure we used to de- Congress toward securing some $53 bil- having been read. velop this conference report is brought lion in cumulative savings under the H12052 CONGRESSIONAL RECORD — HOUSE September 28, 1996 previous Congress for the American long, tedious hours over the last few is good for the taxpayer because it is taxpayer. Had the President gotten his weeks and with Mr. Panetta and all his deficit neutral, and it is a good bill be- wishes abided in his budget, frankly, staff over at the White House. They put cause it allows us to go home to our we would have spent $75 billion more in incredible hours with us. constituents. Not many of us got any sleep at all, than we actually did. In a few minutes I will be happy to but we finally pounded out is, I think yield to the subcommittee chairmen Mr. Speaker, I believe the funding that a bipartisan package can be who helped to craft this package. levels in this bill represent a good com- achieved if people of good will work to- promise. They have been working out gether with one another. That is what At this point in the RECORD I would in strict bipartisan fashion. My hat is happened here. like to insert several detailed tables off to the gentleman from Wisconsin I believe we have a bill that is good showing the funding levels for the de- [Mr. OBEY] and all of the Democrats for the departments and the agencies partments and agencies in this con- and Republicans who sat with us in funded by these six subcommittees. It ference report. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12053 H12054 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12055 H12056 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12057 H12058 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12059 H12060 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12061 H12062 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12063 H12064 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12065 H12066 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12067 H12068 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12069 H12070 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12071 H12072 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12073 H12074 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12075 H12076 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12077 H12078 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12079 H12080 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12081 Mr. Speaker, when the conference re- velopment and independent agencies were inadvertently not included in the port on H.R. 3666, an act making appro- for fiscal year 1997 was approved by RECORD. I now would like to include priations for the Departments of Veter- this body late last week, the spending them at this place in the RECORD. ans Affairs and Housing and Urban De- tables accompanying this measure H12082 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12083 H12084 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12085 H12086 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12087 H12088 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. Speaker, I reserve the balance of School-to-Work under this bill is by either body, and, as a result, I think my time. strengthened rather than being elimi- that in many ways, unfortunately, this b 2045 nated, as this Congress tried to do just legislation is a case study in institu- a few short months ago. tional failure because of the massive Mr. OBEY. Mr. Speaker, I yield my- Safe and Drug-Free Schools is also amount of somebody else’s unfinished self 12 minutes. strengthened under this bill in com- business that had to be attached to the Mr. Speaker, I think it is useful for parison to the very deep reductions appropriations legislation. us to take just a few moments to ana- that this Congress was asked to make As a result, we have had a huge num- lyze just how different this appropria- just a few months ago. ber of Members, the vast majority of tion bill is from a number of appropria- Pell grants, the major grant to en- the people’s Representatives, who have tion bills which this House was consid- able the children of working families been cut out of the process, and I think ering just about a year ago. to go to college: there will be 150,000 that that is a terrible abuse of the leg- A year ago, the majority tried to more working-class students who will islative process. It has also meant, force the Clinton administration to frankly, that the administration has sign a budget that set us on the path to get help under Pell grants. There will be over 700,000 young peo- played a much heavier role in the di- cutting real levels of support for edu- ple who will receive Perkins loan help, rect drafting of legislation than I am, cation by 30 percent, by cutting real frankly, comfortable with. But I think levels of support for training by 40 per- rather than zeroing out the program. Job training is 6 percent stronger that was made necessary by the lack of cent, by cutting real levels of support than the original House bill this year ability of the Congress as a bicameral for the environment by 30 percent. institution to pass all of the legislation This year, that will not happen. This alone, not to mention the deep reduc- that it was required to pass without year, the Government is not shutting tions that were made in it a year ago. that kind of involvement. down, and this year we are not seeing The Older Americans Act: we will be providing adjustments in the minimum Having said all of that, I simply want in the bill before us today those kinds to say a few things about the gen- of deep reductions in the investments wage for 74,000 seniors who work part tleman from Louisiana [Mr. LIVING- that are necessary to make this coun- time at minimum wage salaries trying to do public service work and staying STON]. The House Committee on Appro- try grow. priations did do its job by finishing its Last year, the Government was shut off the welfare rolls at the same time. appropriations bills on time, even if down on purpose in order to force the The attack that we saw in this House the Senate did not and even if the Con- President to sign a bill which made earlier this year on the enforcement of gress, as an institution, did not. very deep reductions in these invest- labor laws which protect workers from abuse at the bargaining table is turned You may have noticed that BOB LIV- ments. This year, we came within 3 INGSTON and I disagree often. You may days of seeing the Government shut back in this bill. There will be no crip- pling of the National Labor Relations have noticed that we have strong down by accident. Thank God, it did views, often in the opposite direction. not happen. I think a lot of people are Board. There will be no handcuffs placed on government efforts to We have different priorities, I think it due credit for that. is safe to say. But I would like to think First of all, I would like to point out strengthen health and safety protec- tions for workers in the workplace. that he and I have demonstrated a rela- why we are here in this position to- tionship that shows that people of the night. Four months ago the House And thanks to the insistence of the Clinton administration, working peo- opposite political parties can have a re- passed appropriations bills which asked lationship that demonstrates respect the President to spend $11 billion more ple and kids are going to be put at the top of our priority list again, rather and even deep friendship, even while than he wanted to spend in the area of differing over very important and fun- military spending. They put us on the than near the bottom, as we feel they were a year ago. damental issues. road to a 5-year real reduction in sup- I think our relationship dem- These restorations are paid for and port for education of 20 percent. They onstrates that opponents do not have will not add to the deficit, the tax- put us on the road to similar reduc- to be enemies. I certainly regard the payers will be happy to hear. tions in support for training, for Cops gentleman as being one of the strong- But this bill also contains a string of on the Beat, and other critical areas. est and closest friends I have on Cap- other authorizing legislation. In fact, This committee did its job in passing itol Hill. all 13 appropriation bills, but half of there are some 31 separate major au- I would simply like to congratulate the appropriation bills never finished thorization provisions being attached. him for all of the work he has done. It their passage through the Congress, as I have been asked by many Members has taken an immense amount of work the chairman has indicated. of the House, ‘‘DAVE, can you guaran- to get to this point, including coordi- In addition, there are a huge number tee that there is not some provision in nating an awful lot of issues about of other authorizations which did not here which we will regret when we hear which we knew absolutely nothing be- make it through the Congress. This bill about it in the weeks to come?’’ cause that responsibility was thrust must pass tonight because all of those My answer is simply to invite you to upon us. others didn’t. take a look at the stack on that table, I would also like to thank every sin- I support the bill because it is the or on the table in front of the gentle- gle member of the Committee on Ap- only way that we can keep our obliga- woman from Ohio. That bill is not propriations staff, and especially on tion to keep Government open and to measured in pages, it is measured in the Democratic side, Greg Dahlberg, make some of the investments nec- feet. It is about a foot and a half long. Mark Murray, Nancy Madden, Bob essary to help our people. I also sup- I do not know how much it weighs, but Bonner, Cheryl Smith, Mark Mioduski, port it because it does restore some of you could get a double hernia lifting it. Scott Lilly, Tom Forhan, Pat the reductions in those investments I would simply say that I think I Schlueter, and Del Davis. Many of that are so important to our children know most of the legislative decisions them have, indeed, gone 2 and 3 days and our workers. that were made by the Committee on without sleep. Others perhaps have For instance, Head Start will now Appropriations, but I certainly cannot been able to catch an hour or two at add children rather than dumping them verify that there are not some provi- the most. I think the American public off the rolls, as this Congress was sions in these other portions of the bill would be profoundly impressed if they asked to do just a year ago. which we will wish we had not seen be- could see the dedication which all of Title I, the most important edu- cause they were managed by many them have brought to their jobs. cation program we have to help young other committees, there were not man- I would also like to thank Leon Pa- children learn how to read, to deal with aged by the Committee on Appropria- netta, the President’s Chief of Staff. math, to deal with science, title I will tions. This is simply the vehicle by Without his involvement we would be be helping an additional 400,000 chil- which all of that other legislation is facing a government shutdown. There dren, rather than dumping almost 1 getting done. is absolutely no doubt about that. million of them off the rolls as we were You have an immense amount of leg- Mr. Speaker, anyone who watched asked to do just about a year ago. islation that has never been considered those meetings this week understands September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12089 that Mr. Panetta truly has a profound In our section of this bill today, we ends when most of the rest of this town is in understanding of the way this Govern- bring in a true bipartisan fashion, as bed. He is supported by a group of analysts ment does work and the way it is sup- we always have. This is an excellent who, as I said before, are not only very knowl- posed to work, and without him we bill as far as the national defense and edgeable but have a particularly strong devo- would never have been here with this intelligence appropriation is con- tion themselves to a strong National Defense legislation tonight. cerned. And when we came from con- for our Nation. They are Doug Gregory, Tina I would also like to especially thank ference, had it not been for the tremen- Jonas, Alicia Jones, Paul Juola, Patricia Ryan, Senator MARK HATFIELD and Senator dous cooperation of our counterparts, David Killian, Steve Nixon, Julie Pacquing, ROBERT BYRD, two truly fine gentle- Senator STEVENS and Senator INOUYE, John Plashal, Greg Walters, and Stacy men, two truly outstanding public we could not have come to the conclu- Trimble. I also want to thank Paige Schreiner servants. They helped us over many a sion that we did nearly 3 weeks ago for her work for the committee before she left rough spot, and without their help, we with a bill that was very close to the to have a baby earlier this year and Katy also would not be here tonight. House-passed bill earlier on. Hagen who joined us just recently. So Mr. Speaker, at this point I would This conference report is the product of the This conference bill had to come simply like to stop my remarks. I work of each and every subcommittee mem- down in numbers and we are basically know we have several other Members ber who spent hours and days in hearings, on a billion dollars under the House- who would like to make short com- inspections in the field, and in the markup and passed bill. We were able to do that ments on our side of the aisle. I would conference sessions. On our side of the aisle, with a lot of heartburn and a lot of again like to thank everyone who co- I'm particularly appreciative of the wise coun- heartache. We had to eliminate pro- operated. sel of Joe McDade. Joe and I joined the sub- grams that we did not want to elimi- I am sorry we could not help a lot of committee at the same time, 16 years ago and nate, but it had to be done. Members on a lot of items they would we have sat side by side through all of those But I want to report to my col- have liked help on, but we felt we could years. Earlier, I thanked BOB LIVINGSTON for leagues, Mr. Speaker, that two-thirds not do it because we, frankly, did not his great leadership of the full committee, and of the bill, as it relates to the national have the time to examine each of those in spite of his very active schedule, he still defense and intelligence section of this items and we did not want to embar- finds time to devote a lot of energy toward our bill, two thirds of those dollars go for rass this institution by accepting many National Security efforts. JERRY LEWIS and JOE readiness, for training, for military items that we knew very little or noth- SKEEN each chair their own subcommittees, personnel, pay raises, health issues, ing about. So I thank all of the Mem- yet they still play a very active role on our educational issues, matters of this bers of the House for their understand- subcommittee. DAVE HOBSON and HENRY type. The other third goes for research ing. BONILLA have a very strong interest in our Na- and development, procurement and Mr. Speaker, I reserve the balance of tional Security and have been there every step other types of investment in our na- my time. of the way. Two new members to our effort tional security. Mr. LIVINGSTON. Mr. Speaker, I are GEORGE NETHERCUTT and ERNEST ISTOOK. We fully funded the 3 percent pay yield myself 30 seconds. They may not have as much experience as raise. We added $475 million to the Mr. Speaker, I thank the gentleman others on the subcommittee but they each health care budget shortfall in the for his gracious comments and say have played a very important role in our work. President’s budget. We added $600 mil- that, frankly, I believe that we had an Earlier, I referred to the bipartisanship of our lion over the budget for barracks and enormously successful 2 years on the committee. Anyone who attends our hearings facilities repair for our people in uni- Committee on Appropriations, and that or observes the work of this subcommittee form for a decent place to live. We would not have been possible without would have a hard time telling which party added $138 million to continue the DOD the close advice and consultation with each of us belongs to, because we all have breast cancer research and care pro- Mr. OBEY. He has indeed been a friend. such a strong commitment to a strong Na- grams. We fully funded all the readi- We have been adversaries, but we tional Defense. JACK MURTHA has been a ness and training programs, and we have been adversaries in a friendly great partner, a wise counselor, and a true pa- added significant amounts for very key way. It has been a pleasure to deal with triot in the work of this subcommittee. NORM programs such as $353 million for the him. I appreciate his assistance and, DICKS is a knowledgeable and hard working new counterterrorism programs, $165 likewise, the great assistance effort we member who plays a particularly important million over the budget for Department got from the two gentlemen on the role in our Intelligence effort. CHARLIE WILSON of Defense drug interdiction oper- other side, Senator BYRD and Senator is leaving the Congress, and we will miss his ations. We provided $300 million addi- HATFIELD. great contribution and his sense of humor tional for the defense operations of the Mr. Speaker, I yield to the outstand- which has more than once allowed us to get U.S. Coast Guard. ing and vigorous gentleman from Flor- through a tough hearing or markup. BILL HEF- ida, the chairman of the Subcommittee NER and MARTY SABO also play a very impor- This is a good bill. For those who on National Security who has been like tant role on our committee, and still find time might be wondering if they should vote my right arm, only he is on the left to do so even with their other important re- for this overall package or not, but side of my office. His office is right sponsibilities as ranking minority members on they believe in a strong national de- next to mine, one-stop shopping for the the Military Construction subcommittee and fense, the defense section of this bill is Defense Department, my friend, BILL the Budget Committee. strong enough to overcome those ap- YOUNG from Florida. I also want to compliment the great work of prehensions and overcome those fears. our staff. They work hard, long hours, with They should be able to vote for this bill b 2100 many nights and weekends away from their based on the strength of the section I want to also pay special tribute to families. They also have an expertise in their dealing with national defense. the gentleman from Pennsylvania [Mr. individual areas that is astounding. Kevin Mr. Speaker, I include for the MURTHA] who is the ranking member Roper, our clerk and staff director, combines a RECORD tabular material, as we nor- on our subcommittee. computer like brain with a day that starts and mally do on a conference report. H12090 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12091 H12092 CONGRESSIONAL RECORD — HOUSE September 28, 1996 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12093 Mr. OBEY. Mr. Speaker, I yield 2 tensive than I would have like but, Title II would capitalize the Savings Associa- minutes to the gentlewoman from Cali- nonetheless, of historic dimensions. tion Insurance Fund through a one-time as- fornia [Ms. PELOSI]. The provision will have lasting ef- sessment of $4.7 billion on the thrift industry Ms. PELOSI. Mr. Speaker, I thank fects but, most importantly, failure to to be followed by a sharing of the FICO inter- our ranking member for yielding me act would have led to serious est payments by the Bank Insurance Fund this time and I want to join with our disintermediation in the financial com- [BIF] and the Savings Association Insurance colleagues in commending him for his munity, failure of the S&L insurance Fund [SAIF]. It is important to stress that the leadership in helping to, once again I fund and new tax liability for S&L taxpayers, who have already contributed some say in relationship to this bill, ham- losses. $130 billion directly to the bailout with another mering out a compromise or a continu- This banking section, on the other $200 million in interest payments to come, are ing resolution. hand, provides a basis for long-term not being called upon for any additional fund- I also want to commend the gen- banking modernization based on the ing. They have paid more than their fair share. tleman from Louisiana [Mr. LIVING- existence of the strongest financial in- Title II also provides an important budgetary STON], the chairman of the full com- dustry fund in the Nation’s history. In- offset to the entire bill, allowing for increased mittee, for his leadership, his coopera- deed, absent a calamity with passage of spending for education, crime fighting, the war tion, and his patience. this legislation, America’s insured fi- on drugs, the President's anti-terrorism pro- I wanted to mention one provision in nancial institutions will reach an his- posal and other items of the Federal budget. toric first, a prefunded insurance fund the bill that I was particularly pleased Therefore, the taxpayers are twice savedÐ capable of regenerating itself ad infini- once from taking on any additional spending survived the process and that is the ad- tum with interest returns likely to dition of $100 million for the ADP pro- for resolving the savings and loan bailout and cover all normal losses in the system second from helping fund the President's sup- gram, the AIDS drug program, that as well as normal asset growth. provides some of the new therapies, the plemental spending requests. proteus inhibitors to people with HIV America’s bank customers as well as The second section of the bill provides for our competitive international financial and AIDS. significant regulatory relief for the Nation's position are well served. This $100 million is a very good in- banks, reducing duplicative and unnecessary vestment because it will result in a I'd like to speak about Title II of the bill be- paperwork and costs to the industry, which are savings to the taxpayer, but, more im- fore the House today. This title includes impor- inevitably being passed along to customers. tant legislation for the taxpayers of the United portantly, it will improve the quality While we have not added additional regu- of life and prolong life for people with States, customers of the financial services in- dustry and the industry itself. latory burdens and gone as far in one direc- HIV and AIDS. It will enable them to tion as the minority would have liked, we also continue to work, to produce revenues While I would have preferred to be here have not gone nearly as far in the other direc- for the Federal Government. So in seeking support for more comprehensive fi- tion as some would have hoped. speaking to it just on strictly fiscal nancial services reform, the pending measure provides for Congressional action on several In addition, the title contains a reform of the terms, it is a good investment. It is a Fair Credit Reporting Act to further protect dynamic investment in that it will of the most pressing issues facing banking and financial services today. Americans from abusive invasion of privacy. save money but, more importantly, as This provision picks up many of the concepts The provisions of Title II are carefully bal- I say, it improves the quality of life. approved by the House in the 103d Congress, What will happen with the $100 mil- anced. They enjoy the support of the adminis- tration, the American Bankers Association, the but never enacted into law. lion, I hope, is that half of it will be I retain reservations about certain provi- spent for the drugs themselves and the Independent Bankers Association of America, America's Community Bankers [S&Ls], the se- sions, but on balance the burden relief and fair other half for the primary care nec- credit reporting sections are finely tuned, re- essary to provide the drugs to patients. curities industry, the Conference of State Bank Supervisors, American Financial Services As- ducing regulatory costs while retaining credible Now that these proteus inhibitors are consumer protections. there, people have hope. sociation, and the Financial Services Council. The American Council of Life Insurance and The need for the fair credit section was ap- Many more people are coming for- the National Association of Life Underwriters parent during a hearing before the Banking ward and being tested or seeking care do not oppose the title. In addition, many of Committee last spring when several individ- because they know there is an answer. the concerns of the Consumers Union have uals gave compelling testimony about how And those people need the primary care been addressed to their satisfaction. It is a criminal gangs used modern computer tech- that goes with going on to a new proto- common sense product. nology to steal and misuse their credit identity. col, a new drug program. Title II combines sections of several pieces One Minnesota woman dramatically told about Mr. Speaker, this is about wise of legislation the Banking and Financial Serv- how attempts were made to withdraw funds spending. More importantly it is about ices Committee has reported out over the past from her mutual fund and retirement accounts giving hope. It is protecting the invest- 15 months. Perhaps the most important is the and how multiple applications for credit cards ment that the American taxpayers resolution of the last remaining issue from the in her name were issued, based upon informa- have made of billions of dollars into re- savings and loan debacle of the 1980'sÐrefur- tion somehow obtained about here credit his- search for AIDS research. Now that we bishing of the SAIF fund. The approach taken tory. have found some encouraging thera- has received the support of the thrift and Hence, an amendment was added requiring pies, it is important to make them banking industries, a near miracle in itself in the Federal Reserve Board, in consultation available to everyone regardless of the that S&Ls must pay a whopping multi-billion with the Federal Trade Commission, to further ability to pay. dollar, one-time assessment to the fund while review whether organizations which collect Mr. LIVINGSTON. Mr. Speaker, I the banks are required to pick up part of the sensitive consumer identification information yield 1 minute to the gentleman from S&L industry's long term FICO bond interest li- are engaged in activities which create undue Iowa [Mr. LEACH] the distinguished abilities, with no additional contributions by the potential for fraud and to recommend appro- chairman of the Committee on Bank- taxpayers. priate legislative or administrative remedies. ing and Financial Services and the au- By our actions today Congress will be en- The Committee also heard testimony from thor of the BIF–SAIF legislation that suring that there will be no default on the $780 law enforcement agencies and bank regulators is part of this package. million per year interest payments on the $8 about the use of fictitious financial documents (Mr. LEACH asked and was given per- billion of Financing Corporation [FICO] bonds to scam individuals, banks, pension funds and mission to revise and extend his re- issued as a part of the savings and loan bail- charities. Title II makes it a Federal crime to marks.) out. These bonds were issued in the late produce or use fictitious documents fraudu- Mr. LEACH. Mr. Speaker, I thank my 1980's to capitalize the defunct Federal Sav- lently. This new anti-crime provision will be an- distinguished colleague and friend for ings and Loan Insurance Corporation. So far, other arrow in the FBI's and Secret Service's yielding me this time. all principal and interest on these bonds have quivers in combating financial crimes. Mr. Speaker, I would just like to re- been paid by the private sector. This bill re- I would like to note several specific provi- port briefly on the banking title of the tains private sector responsibility for these sions of the legislation to clarify the intent of bill. This is a solid nonpartisan ap- bonds and by broadening industrial account- the Congress. proach which balances consumer, tax- ability guarantees against further taxpayer The amendments to the Consumer Leasing payer and industry concerns; less ex- losses. Act retain current law which provides a special H12094 CONGRESSIONAL RECORD — HOUSE September 28, 1996 rule for the type of disclosure that must be in- contextÐpreferably full-blown Glass-Steagall Mr. OBEY. Mr. Speaker, I yield 1 cluded in radio advertising of consumer reform, but at a minimum greater holding com- minute to the gentleman from Min- leases. This special rule recognizes that all of pany and Section 20 latitudeÐa provision sup- nesota [Mr. VENTO]. the required disclosure cannot be provided in ported by the independent insurance agents Mr. VENTO. Mr. Speaker, I rise in a short spoken advertisement. Instead it re- which would require all parties, including support of this conference. I think it is quires that radio advertisements for consumer banks, which sell general insurance products nothing short of a great victory for us leases refer the listener to either an 800 num- to be State licensed. Regrettably these pro- to come to a compromise after the ber or a written advertisement in order to ob- posals have proven to be so controversial that struggle last year, and I want to com- tain additional information. agreement on them could not be reached in mend my friend and colleague from Title II also includes a House provision to time for them to be included in this bill. Wisconsin [Mr. OBEY] for the great require bank regulators to take appropriate ac- These issues are not going away and will work he did in helping us with the pro- tions to prevent depository institutions and de- be addressed in the next session of the Con- visions dealing with BIF–SAIF. pository institution holding companies from fa- gress. I follow in line with the remarks of cilitating or encouraging the shifting of depos- I realize partisanship hallmarks many end- our chairman, the gentleman from its from SAIF deposits to BIF deposits. It is the of-the-session issues, but based on the con- Iowa, Congressman JIM LEACH, in intent of Congress that this provision be inter- tent and context of this legislative package, I terms of recognizing the problem preted and implemented by the FDIC with would hope support would come from both today. All of us are together in terms great care to ensure that Constitutionally-pro- sides for final passage of the Title II provi- of trying to solve this problem in terms tected free speech in the commercial market- sions. of BIF–SAIF and providing some In this regard, I am somewhat bewildered by place is not abridged. streamlining and regulatory measures. Furthermore Section 2702 requires that the the complaints from some quarters about These are reasonable, they are rea- FDIC impose a special assessment on SAIF- process. Most of the provisions before the soned, and I think they are a positive assessable deposits. This payment is due on House today have been reported out of the step in the right direction. Hopefully, House Banking and Financial Services Com- the first business day of the first month begin- next year we will be able to do this on mittee following extensive hearings. This Title, ning after the date of the enactment of this act our own without relying on the for instance, includes numerous sections or and is to be paid to the FDIC on the latter of strength of the appropriation bill and amendments offered by the minority side. Fur- the first business day of the first month begin- working this out in the House. ther changes were made within the past 24 ning after the date of enactment or such other This has been a tough measure to hours in negotiations with the executive date as the FDIC chooses, but not later than compromise on and to come to agree- branch. ment on. I appreciate the patience of 60 days after the enactment date. Given the li- Indeed, the BIF-SAIF section, arguably the all who have worked on it. I want to quidity and regulatory difficulties that accrue to most important in the bill, is basically picked commend the Clinton administration institutions with the presentation of a sudden up from legislation passed by the House a for standing up for consumers and large liability, it is the intent of Congress that year ago and then reworked by the committee making certain that the price of and the FDIC provide institutions the maximum this past summer. The principal change from the cost of this was not borne by reduc- latitude possible within the 60-day context to the provisions approved by the committee in tion in terms of 30 years of consumer pay their special assessment. July is the deletion of a Democratic-sponsored Section 2301 amends certain provisions amendment to shift part of the FICO cost law, which happened to be undone and governing the scope and mechanics of the sharing to the taxpayer. That provision has upset by a lot of misunderstandings audit functions for insured depository institu- been struck from the bill. Members of this and action that were proposed in ear- tions. This provision eliminates the independ- Congress can go back to their constituents lier iterations of this bill. ent auditor attestation requirement for safety and report that they have addressed the last So I rise in support of this conference and soundness compliance, and allows the remaining aspect of the savings and loan de- and ask my colleagues to support it. agencies the discretion to waive the require- bacle without any further taxpayer accountabil- Mr. Speaker, I rise to express my support ment that all membersÐbut not less than a ity. for title II of this bill, the Banking Committee's majorityÐof the independent audit committee The other major portion of the Title incor- product in this bill. be outside directors in the case of hardship. porates regulatory relief measures approved Mr. Speaker, although I would have liked to Factors weighing in favor of a decision to by the committee last year. It is my view that proceed this Congress on broader approaches grant a waiver include, but are not limited to, the House Banking Committee went further addressing financial services modernization, the following: that the institution is small, that than was judicious in early approaches to reg- the future of the deposit insurance funds, the qualified outside independent directors are un- ulatory relief and that a number of provisions merging of regulators; the issues of charter re- available, that the institution is closely held, in earlier bills were properly pared back with form; and other power's issues, in the end, and-or that the institution is well-managed. my support because of administration and mi- this product before the House today is an im- Further, Section 2615 prohibits Government- nority member concerns. Let me stress in this portant step forward and one which is the re- Sponsored Enterprises [GSEs] from certain regard that in putting this legislation together, sult of a tremendous amount of work and kinds of associations with banks, credit unions there has been far more minority input than on seemingly nonstop negotiations over its innu- and thrifts. However, it is the congressional in- any piece of legislation considered in any of merable iterations. tent that Subsection 2615(a) would not pre- my years in the minority. This bill importantly recognizes that Con- clude a GSE from sponsoring or providing fi- This is solid non-partisan legislation. Less gress must act today to resolve the differential nancial support to an insured credit union es- extensive than I would have liked, but none- between bank and S&L deposit insurance pre- tablished by a GSE with a field of membership theless of historic dimensions. The provisions miums. The so-called BIF±SAIF solution, in- comprised of the GSE's present and former will have lasting affects, but most importantly, cluding charter reform modernization is basi- full-time employees. The fact that a few such failure to act would have led to serious cally a product of bipartisan work of the Finan- employees may also be customers of the GSE disintermediation in the financial community, cial Institutions Subcommittee in 1995 that should not preclude such sponsorship or fi- failure of the SAIF, and new taxpayer liability ended up in the failed Republican budget bill. nancial support. for S&L losses. This banking title, on the other Many other pieces of this bill's title II began in I'd also like to comment on the provision of hand, provides a basis for long-term banking separate initiatives of the respective Banking the bill which clarifies the liability of financial modernization based on the existence of the Committees of the House and Senate. These institutions with regard to a 1992 Environ- strongest financial industry insurance fund in key policy provisions that we will hopefully mental Protection Agency rule. Under this pro- the Nation's history. Indeed, absent a calam- pass tonight envisions that the 105th Con- vision, lenders would be financially liable for ity, with passage of this legislation America's gress will act on charters, but this measure environmental clean up costs only if they actu- insured financial institutions will reach an his- merges the funds and provides a pro rata ally participated in the management of the firm torical firstÐa prefunded insurance fund capa- FICO bond payment sharing and puts it in which allegedly caused the pollution. The ble of regenerating itself ad infinitum, with in- place regardless of the merger issue because mere holding of a financial interest or having terest returns likely to cover all normal losses all insured depositories, both bank insurance ownership of the property as a result of a fore- in the system as well as normal asset growth. and savings association insurance fund will closure does not make the lender liable. America's bank customers, as well as our become a part of the one FDIC deposit base. Finally, I worked for inclusion in this bill of competitive international financial position, are Mr. Speaker, this Congress needs to move bank modernization language and within such well served. BIF±SAIF this year. SAIF institutions have September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12095 been moving forward with plans to work them- so long this session, I would have hoped that grant is increased from $2,470 to $2,700 selves out from under a 23-basis point dif- committee members could have accomplished in this bill, the highest maximum ever; ferential. Many SAIF-insured institutions have more but I want to thank the Members and the largest single increase ever in one been seeking, in fact, to form national banks. staff of the Banking Committee who I have year. Congress needs to act now while we can be- worked with throughout this process and am Work-study is increased by over $200 fore it is too late and the SAIF deposit base pleased we have a product. We have here a million to $830 million, $151 million erodes and the taxpayers of this country are adequate product, a compromise, a lesson more than the President’s request. Per- once again liable. The banking and thrift in- learned. While I think this title is imperfect, on kins loans are increased by $65 million dustries have worked in good faith over the the whole, the package deserves our support. over the President’s request. TRIO pro- course of this Congress to achieve the product I remain hopeful that the committee will in the grams are increased by $37 million, to a and policy in this measure, and hopefully this future regain a better comity and bipartisan- total of $500 million. initiative will finally bring to conclusion the re- ship as we reconvene for the 105th Congress. Head Start is increased by over $400 pair to the deposit insurance funds. Mr. LIVINGSTON. Mr. Speaker, I million to almost $4 billion. Special Nevertheless, no group is entitled to a prize yield 3 minutes to the gentleman from education, championed by the chair- or reward of relaxed consumer protections or Illinois [Mr. PORTER], the distinguished man of the authorizing committee, the safety and soundness regulation for address- chairman of the Subcommittee on gentleman from Pennsylvania, BILL ing and accepting the responsibility to assure Labor, Health and Human Services, GOODLING, increased by almost $800 a solvent deposit insurance fund. By recogniz- and Education of the Committee on million to $3.8 billion. ing some limits and a need to have bipartisan Appropriations who has done an out- Mr. Speaker, there is a summary of agreement on provisions, we were finally able standing job in that field. highlights of the bill available. I com- to finally move forward. To that end the Clin- Mr. PORTER. Mr. Speaker, I begin mend the work of my subcommittee ton administration advocacy for streamlining my remarks by commending my chair- members of both sides of the aisle and and regulatory reform has averted the loss of man and his outstanding staff led by my chairman. We have fashioned a bill that meets the needs of the American many key consumer protection laws and poli- Jim Dyer. No one has worked harder to people and does so in a fiscally respon- cies. perfect this bill. They have done an In addition to BIF±SAIF, title II of this legis- outstanding job for the Congress and sible manner. Mr. OBEY. Mr. Speaker, I yield 1 lation provides the lender environmental liabil- for the American people. minute to the gentlewoman from Texas ity relief provisions, that is relief provisions for I want to thank my wonderful staff, [Ms. JACKSON-LEE]. headed by Tony McCann. I thank the financial institutions which foreclose on prop- (Ms. JACKSON-LEE of Texas asked erties involving hazardous or toxic materials. It gentleman from Wisconsin, DAVID and was given permission to revise and also provides for many tempered regulatory OBEY, and his fine staff for their co- extend her remarks.) burden relief provisions the result of com- operation in bringing this bill to fru- Ms. JACKSON-LEE of Texas. Mr. promises. Title II includes provisions clarifying ition. Speaker, I want to add my appreciation the tax or deposit insurance covered status of Mr. Speaker, our section of the omni- to the gentleman from Wisconsin [Mr. retirement certificates of deposit. It includes bus bill continues Congress’ initiative OBEY] and the gentleman from Louisi- Fair Credit Reporting Act, a measure that has to terminate duplicative and ineffec- ana [Mr. LIVINGSTON] for their coopera- passed both the House and Senate in the tive programs. There are 13 new termi- tive effort and to briefly acknowledge past, that will provide improved privacy protec- nations in addition to the 100 that we that today we can stand here and say tions for consumers and remedies for the risk achieved last year. We have frozen or that we are not going to shut the Gov- and experience electronic muggings, the crime reduced many administrative accounts. ernment down. A great difference and a of today and tomorrow that we must do much At the same time, we have increased strike for balance over divisiveness. more to arrest. funding for programs that work for The American people are the bene- This final agreement represents a victory of people and that are a high priority for factors of this process. sorts for those of us who wanted to pass regu- our country. For example, with respect Let me make several points regard- latory burden relief for financial institutions but to biomedical research through the Na- ing this legislation that represent a did not unravel consumer protection laws of tional Institutes of Health, we have in- positive change. I would like to note, the past 25 years nor the potential safety and creased spending by $820 million, a 6.5- and that now the youth in Houston and soundness of financial institutions. This bill percent increase, and $371 million around the Nation will have summer provides regulatory streamlining, burden relief above the President’s request. jobs, and we will have turned the cor- and sensible improvements in policy without We have in that section of the bill ner from classifying the summer youth harming key consumer laws nor jeopardizing preserved the principle that science, program as baby-sitting jobs and have the safety and soundness of financial institu- not politics, should decide how the over $800 million in that program tions backed by the Federal deposit insurance money is best spent, there is no ear- through this appropriation bill. fund. marking in the bill by disease and no Rather than continue to build jail With improvements being made until the line item for AIDS. However, we appro- cells, we will now have increased mon- very end, the banking package before us was priate directly to the Office of AIDS eys in the Pell Grant Program, some excised of many provisions that gave me great Research to support that important re- $577 million. pause and to which I was opposed. Provisions search. And, yes, through the Ryan White which would have weakened the Community The bill preserves NIH and gives it a funding, we will be able to take home Reinvestment Act, Consumer Leasing, Truth in substantial increase, because basic re- $450 million for emergency assistance, Savings, Truth in Lending, Rent to Own, the search can only be organized and sup- $470 million for comprehensive care, Home Mortgage Disclosure Act, high-cost ported through government. Research and $70 million for early intervention. mortgages protections, and a number of highly that is conducted by our universities I am concerned, however, that we do controversial Real Estate Settlement Proce- and academic medical centers across not have enough dollars for the census dure Act changes have finally been set aside the United States pays for itself thou- effort that will be very important to as we receive the final package tonight. In sands of times over in terms of health some of our urban centers, and would previous forms, this legislation would have re- care cost savings. Biomedical research hope we will have an opportunity to laxed restrictions on permissible insider lend- is an area where we lead the world both remedy that. ing, weakened the legal responsibilities for in the basic research and the applied And, lastly, I would say that we need outside directors of financial institutions, lim- research through the biotech and phar- to consider the spectrum sale so that ited the ability of regulators to recover funds maceutical industries of our country. we would do it in a reasonable manner from the officers of failed institutions, and even Student aid in the bill is increased by that would appropriately utilize this weakened the role of independent audit com- $1.3 billion more than requested in the valuable resource for the benefit of mittees, fortunately these policies were also President’s 1997 budget; and we in- America. removed. crease Pell grants under the Repub- I rise to express my views on this im- I want to recognize the important role of the lican Congress by 15 percent, whereas portant omnibus appropriations bill Clinton administration in reaching many of in the previous Congress they went that funds the Departments of Com- these final compromises which eluded us for down by 3 percent. The maximum Pell merce, Defense, Education, Health and H12096 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Human Services, Interior, Justice, and this funding does not negate this Congress' but to conclude the final payment for State as well as many independent responsibility to investigate charges of illegal the savings and loan debacle of the agencies for fiscal year 1997. Addition- drug sale moneysÐsold in our inner city com- 1980’s once and for all, and with this ally I would like to add my apprecia- munities in the 1980'sÐused for funding the legislation, we are doing that. tion for the work of Chairman LIVING- Contra's by this Government. As the chairwoman of the Sub- STON, my friend ranking member OBEY As a member of the Texas delegation, I committee on Financial Institutions along with Leon Panetta of the Presi- have been active in efforts to reform our Na- and Consumer Credit, which has the ju- dent’s staff for their solid effort. tion's immigration laws. The compromise on risdiction over these issues, I would I support the provisions of the bill the immigration provisions was reached after like to say that the committee has that have increased funding for edu- much debate. As a result of this compromise, worked very hard to see to it that we cation such as the increases for the our Nation's borders will be more secure. I am were fair in this closeout. Everything Pell grant scholarship program and ex- pleased that there is no provision that would is very difficult to say when you say pand the number of low and moderate allow States to deny free public education to you are being fair. It is difficult to get income students who receive financial the children of illegal aliens. everybody around the table. That is a assistance by 150,000 students from I was concerned about the restrictions on in- big challenge, but I believe that we $3,650,000 to $3,800,000. The direct lend- come levels for sponsoring legal immigrants have done that here, and we have now ing program is also funded at the but at the least the final version of the bill re- achieved a solid BIF/SAIF package amount requested by the President. quires immigrants to have incomes of 125 per- with regulatory relief, limited but nev- Additionally, the funding for Head Start will cent above the poverty level to sponsor immi- ertheless meaningful. enable the program to serve approximately grants instead of 140 percent above the pov- First, let me be clear about the fact 50,000 additional disadvantaged students. The erty level, which was the original proposal. Ad- that I believe that it is essential that Goals 2000 program is funded at the amount ditionally, the proposal to deport and deny nat- we successfully close the book on the of funding requested by the President, which uralization for immigrants who used means- deposit insurance system problems. will help raise academic standards for more tested benefits was dropped from the bill. The And as a battle scarred veteran of the than 6 million students in over 11,000 schools. original provision to make sponsors respon- savings and loan debacle, I believe that I am also very pleased about the $90 million sible for emergency Medicaid costs for immi- if we were to leave this year without increase in funding for the Safe and Drug Free grants was also deleted from the bill. resolving this problem once and for all, Schools Program that will help us to reduce The verification requirements for immigrants it would have been a terrible derelic- the increasing level of drug use among our in this bill are not more stringent than the re- tion of our responsibility. Nation's teens. The recent report from the De- quirements that were contained in the welfare But here tonight with this action, we partment of Health and Human Services about reform bill. Moreover, the bill exempts chari- will have done the right thing, the increased drug use by teens is certainly dis- table organizations from the verification re- right thing for the taxpayers, the right heartening and we must strongly support the quirements in the new welfare reform law and thing for the financial institutions Safe and Drugs Free Schools Program. More exempts battered immigrants and indigent im- that are involved. money, however, is needed for treatment and migrants from some of the deeming restric- Mr. Speaker, as I have said, we tried drug prevention if we are going to be serious tions in the welfare reform law. Finally, the to be fair to all parties and I believe on this effort. provision of the bill that would have restricted that we have. The BIF/SAIF package is Throughout the 104th Congress, I have HIV treatment for immigrants was deleted from a strong one, and I would like to point worked diligently to strengthen and adequately the final version of the bill. out that if I had my way we would do fund the Summer Jobs Program. This bill pro- During the 104th Congress, I have been the total charter merger as a compan- vides $871 million for the Summer Jobs Pro- very concerned about the issue of health care ion piece to this, but what we have in gram, which is $246 million more than the reform and providing adequate funding for here, the so-called Frist language, amount appropriated in 1996. This will allow many research programs. The bill does pro- which defines when the insurance funds more than 550,000 young men and women to vide an increase of $239 million for the Ryan would be merged and when the mergers have the important experience of going to White AIDS Program and funding to purchase would take place, I think it is not only work everyday, earning money, and develop- new AIDS drugs. Funding for substance abuse a good compromise but it is one that ing a strong work ethic. This bill provides $895 prevention and treatment also received an in- will work and work in the best interest million for adult training, which is $45 million crease of $221 million over fiscal year 1996. of all people. over fiscal year 1996, and $200 million for the Finally, this bill has not increased the deficit, Mr. Speaker, I am proud to be here School-to-Work Program, which is $25 million however more study should have been given tonight, and I am very pleased to have over fiscal year 1996. to the proposed sale of the spectrum. This worked with all the members of the As a member of the House Judiciary Com- should not be done randomly or without study committee to reach this conclusion. mittee, I have been concerned about the issue in order to suggest the best approach. For almost 2 years, Congress has been of crime and violence and terrorism. This bill The 104th Congress has been both difficult working to develop legislation that would pro- continues to provide adequate funding to im- and demanding. I am grateful that we were vide meaningful regulatory relief for insured fi- plement the President's plan to put 100,000 able to finish this term on a positive note. We nancial institutions and to conclude the final police on the streets of our Nation. Further- have preserved Medicare and Medicaid, and payments for the savings and loan debacle of more, the bill contains provisions to make it protected our families, seniors, and our chil- the 1980's once and for all. difficult for individuals who have committed do- dren. And we have not shut the Government As chairwoman of the Financial Institutions mestic violence to purchase handguns. down! & Consumer Credit Subcommittee which has With respect to antiterrorism, the bill fully Mr. LIVINGSTON. Mr. Speaker, I jurisdiction over these key issues, my commit- funds the President's request of $1 billion to yield 2 minutes to the distinguished tee has worked hard to see that the final pack- reduce terrorism and gives the Departments of gentlewoman from New Jersey [Mrs. age is one that is fair to all parties concerned. Justice and Treasury the necessary resources ROUKEMA], the chairman of the Sub- Of course, fairness is a relative term. Every- to accomplish this goal. Hopefully, safety at committee on Financial Institutions one has a different view of what is truly fair to our Nation's airports will be improved by fund- and Consumer Credit of the House them. Getting all parties around the table was ing to hire additional aviation security person- Committee on Banking and Financial a challenge. Until now, as is always the case nel and purchase new state-of-the-art equip- Services. with issues relating to the financial services in- ment to screen luggage. With the bombing dustry, developing a consensus package has b 2115 during the Olympics and the crash of the TWA been elusive. flight still fresh in our minds, it is the right thing (Mrs. ROUKEMA asked and was However, we have now achieved a solid for us to support funding for these initiatives. given permission to revise and extend BIF/SAIF package with a limited regulatory Moreover, additional funding for the Office her remarks.) burden relief that will lay the groundwork for of Drug Control Policy and the Drug Enforce- Mrs. ROUKEMA. Mr. Speaker, I want further debate in the 105th Congress. ment Administration will help us in our drug to say that this is a proud moment First, let me be clear about the fact that I interdiction efforts and implementation of our here. We have worked for well over a believe that it is essential that we successfully overall national strategy to reduce drug use year on legislation that would not only close the book on the deposit insurance sys- and drug trafficking in the country. However, provide meaningful regulatory relief tem problems. As a battle-scarred veteran of September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12097 the S&L debacle, I believe to leave this year ticular, Cindy Chetti of my personal staff, for thank you for the bipartisan way in without resolving this problem once and for all, all of their dedication and hard work during which you have shared with me the would have been a dereliction of our respon- this Congress. proceedings of our subcommittee, and sibility. We have done the right thing for the Mr. OBEY. Mr. Speaker, I yield 3 given me the opportunity to work to- taxpayers and for the financial industries want- minutes to the gentleman from Mary- wards what I believe to be not perfect, ed. land [Mr. HOYER]. but a good solution as it relates to the Members from both sides of the aisle in the Mr. HOYER. Mr. Speaker, I thank bill. House worked hard to craft a bipartisan bill the ranking member for yielding, and I Mr. LIVINGSTON. Mr. Speaker, I that was fair to all parties concerned which is want to rise and first of all say to yield 2 minutes to the really great, included in this package. This proposal in- Chairman LIVINGSTON and Ranking hard bargaining gentleman from Ken- cludes several key provisions that I believe Member OBEY, congratulations on the tucky [Mr. ROGERS], the chairman of are necessary for this BIF/SAIF package. As work that they have done. I want to the Subcommittee on Commerce, Jus- many of you know, I am a strong supporter of tell my colleagues that I am one of tice, State, and Judiciary of the Com- not only resolving the issue, but also for deal- those, like so many before me on the mittee on Appropriations. ing with the problem in its entirety, which in- other side of the aisle in the eighties, Mr. ROGERS. Mr. Speaker, I thank cludes merging the commercial bank and thrift who said, the omnibus appropriations the chairman for the time and, Mr. charters. That is why my subcommittee re- or continuing resolutions are not the Speaker, in addition to those who have ported out HR 2363, the Thrift Charter Con- appropriate vehicles in which we ought been thanked already, I want to thank version Act of 1995, which not only dealt with to legislate, and I think that is true. the staff of my subcommittee, Jim SAIF/FICO funding but with fund and charter This process is not one that ought to be Kulikowski, the chief of staff, Therese merger restructuring issues as well. emulated. This process is one that will McCauliffe, Jennifer Miller and all of At the very least, however, the so-called leave many people in the dark as to the others who have not slept in three ``Frist language'', is included as part of the what this final product is. nights, who have just done absolutely package. This language prevents the merger Having said that, I am supportive of yeoman work and they are still at it of the BIF and SAIF insurance funds until the this product. It is a product which even as we speak. charters are merged. The package also in- came about through intensive negotia- Mr. Speaker, I rise in support of this, cludes the so-called ``rebate'' provision that tions and discussions between the ad- I am going to say, ‘‘ominous’’ appro- prohibits the FDIC from setting SAIF rates ministration, between the Republican priations bill. As Mark Twain said lower than BIF premium rates and requires the majority with the sometimes partici- about Wagner’s music, ‘‘It’s really bet- FDIC to rebate any excess amounts in the pation, but mostly participation during ter than it sounds.’’ We do not like omnibus bills. Nobody BIF. the last couple of days of the Demo- Aside from the BIF/SAIF issue, it was my cratic minority. does. They are big, they are huge, you do not have time to go through them, sincere hope that any package would have in- As to substance, as someone who, A, and we have reason to fear them. But cluded strong regulatory relief measures. The supports a balanced budget, and, B, this one is really better than it sounds. bill reported out of my subcommittee included supported the coalition budget which made room for investment in programs Let me give a couple of good reasons. important provisions to provide meaningful re- In my chapter of the bill, Commerce, critically important to the welfare of lief for the financial services industry. For ex- Justice, State, there is $29.6 billion in this country, to the security and the ample, my subcommittee-passed bill included discretionary spending. Most of that opportunity of our American families meaningful reforms on CRA and the Truth in money is for fighting crime, the De- and of our young people, I support the Savings Act. Unfortunately, the most recent partment of Justice, State and local priorities that have been restored to package is a far cry from the originally re- law enforcement, the war on drugs, and this budget. I was one of those who ar- ported bill. Nevertheless, be assured that in getting control of our borders. $7.3 bil- the next Congress I will continue to work for gued in subcommittee and in full com- lion of it is for the war on drugs, $150 strong regulatory relief. In addition, I will con- mittee that we ought to restore at million more than the President want- tinue to seek greater reform of the overly bur- least $2.3 billion to the education com- ed, to rekindle the fight against drugs, densome provisions in CRA, the Truth in Sav- ponent. In fact, we have done more with major new initiatives in source ings Act, Truth in Lending Act and the Real than that. I congratulate the gen- countries and on the Southwest border Estate Settlement Procedures Act. I am tleman from Wisconsin [Mr. OBEY] and where 70 percent of the illegal drugs pleased, however, that the package includes the gentleman from Illinois [Mr. POR- enter our country. It included $3.1 bil- strong lender liability language that provides TER] for that accomplishment. lion to stop illegal immigrants and relief and exemptions to institutions to banks The fact of the matter is that it is gain control of our borders, which is which foreclose on properties that contain haz- critically important for us to tell the above what the President wanted, with ardous materials. American taxpayers that in terms of 1,000 new Border Patrol agents, 300 Finally, as you know, in addition to regu- their investment in discretionary more than the President requested. latory relief and BIF/SAIF, the House Banking spending, that has consistently gone There are serious increases in funding Committee has been working to craft legisla- down while payment of interest and en- for detaining and importing criminal tion that will modernize the financial services titlements have consistently gone up. aliens. There is $300 million more to industry. Unfortunately, this has led into a We cannot continue as a Nation to combat terrorism. There is $523 million powers debate focused on bank sales of in- squeeze out discretionary investment for the local law enforcement block surance. While I am a strong proponent of in education, environment, job train- grant for your police force to apply and modernization legislation, I believe that it was ing, all the programs that enhance the receive a grant. There is $1.4 billion for right not to include any controversial insurance capability of our people, our greatest Cops on the Beat for the police in your provisions. This is neither the time nor the resource to compete in world markets. local department, $770 million for your place for taking up such a controversial de- I also would, Mr. Speaker, rise and States to build prisons, and $25 million bate. I am particularly pleased though that a say that the chairman of my sub- as an incentive to States to treat kids provision was included that prohibits deposit committee on which I am the ranking who commit adult crimes with adult insurance for the retirement CD, a tax de- member will be leaving, the gentleman punishment. ferred annuity contract that I believe could af- from Iowa, Congressman JIM LIGHT- This is a good bill. Strike a blow fect the safety and soundness of banks. This FOOT, my friend, Congressman JIM against crime and vote for this bill. provision already has passed the House on LIGHTFOOT is the kind of legislator that Let me close by thanking Chairman the Suspension Calendar in a bill I introduced Americans should be and, in my opin- LIVINGSTON for a tremendous job. last session. ion, are very proud. He is a man of The SPEAKER pro tempore (Mr. I am pleased with this consensus package common sense, integrity, honesty and DREIER). The Chair wishes to inform and I commend Chairman LEACH for his lead- commitment. And I want to say to my the Members that the gentleman from ership and commitment to pass such mean- friend, JIM LIGHTFOOT, that we will Wisconsin [Mr. OBEY] has 12 minutes ingful legislation. I would also like to thank miss him, not only in this House but in remaining and the gentleman from Laurie Schaffer, Stephen Johnson, Gary this Congress and in this country from Louisiana [Mr. LIVINGSTON] has 12 min- Parker of my subcommittee staff, and in par- this House. And I want to say that I utes remaining. H12098 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. OBEY. Mr. Speaker, I yield 2 leges that accompany it, provided that they the gentleman from Florida [Mr. minutes to the gentleman from Rhode are consistent with the 1978 treaty. That year, GOSS]. Island [Mr. KENNEDY]. the Narragansett's became a sovereign nation (Mr. GOSS asked and was given per- Mr. KENNEDY of Rhode Island. Mr. and fully earned the right to be treated on a mission to revise and extend his re- Speaker, I want to thank the gen- government to government basis with other marks.) tleman from Wisconsin, Mr. OBEY, for entities. The Tribe pledged to care for its peo- Mr. GOSS. Mr. Speaker, I rise to con- yielding time to me, and I want to say ple in much the same way the State of Rhode gratulate the gentleman from Louisi- that this conference bill does add Island cares for her citizens. Education, hous- ana [Mr. LIVINGSTON]. money and increases the number of ing, health care, to name but a few, are the Mr. Speaker, this bill represents a victory for Pell grants available our young people, concerns of the tribe just as they are the con- AmericaÐit's a milestone along the road to- and that is a laudable section of this cerns of the Ocean State, ward balancing the budget. It hasn't been bill, given the fact that Senator CLAI- Supreme Court Chief Justice John Marshall easy, but the Republican majority of this his- BORNE PELL comes from my State. held many years ago, in the case of Worces- toric Congress has already delivered $53 bil- Mr. Speaker, I do want to take every- ter v. Georgia, that ``Indian nations had always lion in tangible savings for the taxpayers of one’s attention to section 320 of the In- been considered as distinct independent politi- this great country, while locking in program terior appropriations of this bill, which cal communities, retaining their original natural changes that will make those savings multiply contains a prohibition on Indian gam- rights, as the undisputed possessors of their in years to come. Sure, there had to be com- ing in Rhode Island that singles out soil.'' promisesÐand certainly all of us feel regret one tribe, the Narragansett Tribe, and It is my belief as well that the Federal Gov- that we couldn't accomplish more. says that the Indian Gaming Regu- ernment made a compact with Native Ameri- Of course, we are frustrated by the way the latory Act does not apply to them and cans in exchange for a great deal of their land White House constantly moved the goalposts, therefore they cannot engage in any and resources. That deal was to respect the at times to the point where some questioned type of gaming activities. By singling treaties that were made, and to recognize whether the administration wanted a bipartisan out this one tribe among 558 tribes in tribes on a government to government basis. agreement at all. We also had to contend con- this Nation and removing them from In recent years, the Supreme Court has tinually with certain defenders-of-the-status- the scope of IGRA, we are setting a ter- held that gaming is consistent with a Federally quo naysayers in the other party who at- rible and dangerous precedent and, not recognized tribe's sovereign rights. Under- tempted to block us at every turn. But I am only that, we are once again breaking standing the sensitive nature of gaming, Con- proud that this Republican majority held firm to our word to the native Americans. gress passed the Indian Gaming Regulatory its basic common sense principles for Amer- I want to just say that IGRA provides Act (IGRA) in 1988 to codify U.S. law regard- ica: We will not abandon our glidepath toward that for any Native American tribe ing the sovereign right to Tribes to engage in a balanced budget; we will not eviscerate our seeking the authority to game that gaming on their lands. I believe that IGRA is national defense; and we will not accept end- they can game insofar as the State in fair legislation which was enacted on a biparti- less government intrusion into our lives just which they reside allows for that gam- san basis to balance the rights of tribes and because the President and the liberal wing of ing. And our State, we allow for quite interests of States and local communities. the Democrat Party have again made big gov- The agreed purpose of IGRA was not to a bit of gaming, over $558 million a ernment and more give away spending the provide a method by which tribes could be- year. Roughly 90 million a year goes to centerpiece of their election-year gameplan. come rich. As the law clearly states, the reve- provide for our citizens in the State of Mr. Speaker, we head home tonight proud nue generated from gaming goes directly to Rhode Island, and yet we are engaging in the knowledge that we have replaced the essential tribal needs such as the health care, in a double standard with our Narra- tired debate of whether we should balance the education, and security of the tribe. I am sure gansett Tribe. They are the only tribe budget with a brave new dialogue about how that if the public truly knew about the chal- to accomplish balance. We have ended the in this conference report that is singled lenge that most Native Americans face, they failed dependency trap of the welfare entitle- out like this. would embrace IGRA as I have: as a mecha- We had no hearings on this issue in ment and implemented tough new illegal immi- nism for fair economic development. the Committee on Resources. I think it While the Rhode Island Indian Claims Set- gration policies. We have delivered common is a really discriminatory measure for tlement Act allows the State to share some ju- sense health insurance reforms to allay the us to say it is all right for us to game, risdiction over the Tribe's settlement lands, it anxiety of job lock and pre-existing condition provide for our people, but at the same gives the State no authority at all respect to exclusions. We have brought about true re- time say no, Native Americans, we are gaming. Under existing law, the State has no form to this institution, clearing away 40 years not going to allow you to do what we authority to dictate to the Narragansetts how of rot caused by out of touch one-party rule. are doing ourselves. they may conduct gaming, other than by mak- And, we have finally begun to reduce the I think it is a double standard and ing gaming illegal for everyone in the State. If reach of the Federal Government into our ev- unfortunately it marks one more in a the State did that, then IGRA would not allow eryday lives. This bill represents a sizeable repeated list of issues where this Con- the Narragansetts to do gaming. But if the downpayment on the brighter future that we gress has come down against the sov- State allows bingo in any form, then the Tribe promised to deliver for America's children and ereignty of the Native Americans, and has a right under IGRA to have a bingo hall. grandchildren. We kept our promises to Amer- I think it is a sorry thing that it is in Section 330, violates this concept and would icaÐand we have only just gotten started. this CR. fundamentally alter the balances that were Vote for this rule and this bill. I would like to take this opportunity to ex- struck in IGRA. Advocates of the provision Mr. LIVINGSTON. Mr. Speaker, I press my opposition to a provision regarding have said that all they are trying to accomplish yield 2 minutes to the gentleman from the Narragansett Indian Tribe which was in- is to force the Narragansetts to be treated just Ohio [Mr. REGULA], a terrific magician, cluded in the Omnibus Continuing Resolution like any other entity in the State of Rhode Is- the very distinguished chairman of the for fiscal year 1997. land. It is clear, however, that by virtue of their Subcommittee on the Interior, who has Although I will be voting in support of the treaties, and by the ruling of the Federal Court just done an outstanding job with com- overall legislation, I want to make it clear that of Appeals, the Narragansetts are not simply peting forces. I feel that section 330 of the bill is a direct vio- any other entity, and should be afforded all the (Mr. REGULA asked and was given lation of the civil and sovereign right of the rights and privileges that are consistent with permission to revise and extend his re- Narragansett Tribe in Rhode Island. their existing agreements. marks.) In 1978, the Narragansetts signed a legiti- In the end, I believe that this issue has be- Mr. REGULA. Mr. Speaker, it is mate compact with the Federal Government come a fight to protect the civil and sovereign truly a bill with magic in it because of and the State of Rhode Island in exchange for rights of a single Native American tribe. Unfor- the magic of our national treasures and a portion of land that they could call their tunately, because the Omnibus Continuing what it does for the lives of people, the home and maintain their heritage. The Rhode Resolution will not be amendable, I will not magic of going to a national park, the Island Claims Settlement Act was a fair at- have an opportunity to strike this callous lan- magic of taking your children to the tempt to rectify years of culture anonymity and guage from an otherwise fairly sound piece of national zoo where they will for the I am happy to say is still in place today. In legislation. first time be given an opportunity to 1983, the Narragansetts became a Federally Mr. LIVINGSTON. Mr. Speaker, I see the wildlife that is part of our eco- recognized tribe with all the rights and privi- yield such time as he may consume to logical heritage. Truly it is magic, and September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12099 we have tried to protect those treas- American taxpayers last when they in- I think we as the 104th Congress can ures in this bill. sisted that we make it easier for non- be very proud of this accomplishment We have given the parks $70 million citizens to receive welfare. They that we have run a tight ship. We have more for operations. We have provided threatened to shut down the Govern- reduced spending and we have saved more money for maintenance in the ment unless we make it harder to de- the average family in America approxi- bill. We have provided for the Indians port noncitizens who use welfare. mately $450 to $500 during this session because they are part of the magic, I wish that all of these provisions had of Congress. too. They were the original people in remained, but still this is a landmark Mr. OBEY. Mr. Speaker, I yield 1 this Nation. We have treaty obligations bill. It puts our taxpayers, workers and minute to the gentleman from New to our Native Americans for education communities first. I urge my col- Mexico [Mr. RICHARDSON]. and health. We enjoy much of what is leagues to support it. (Mr. RICHARDSON asked and was part of our national heritage with the Mr. OBEY. Mr. Speaker, I yield 1 given permission to revise and extend Native Americans. We have increased minute to the gentlewoman from North his remarks.) by $123 million the dollars that they Carolina [Mrs. CLAYTON]. Mr. RICHARDSON. Mr. Speaker, I will receive. Mrs. CLAYTON. Mr. Speaker, I thank the gentleman for yielding me We have put in money for fire sup- thank the gentleman for yielding time the time. pression, for the hurricane damage, for to me. terrorism. One of the less than magic I would like to mention that the I want to commend both sides of the agreement includes a provision pro- parts of the bill is that we have to rec- aisle for responding to the disaster ognize on reality in terms of terrorism. posed by the other body that $5 million that those of us in five States were af- be expended in substance abuse and But overall, and I think this is a little fected by Fran and to recognize that bit of magic in this, we are appropriat- mental health services for Native there was a bipartisan response. Not all American populations, rural and Na- ing $1.3 billion less than we appro- of the time do we respond in a biparti- priated for the same bill in 1995. This in tive American populations. No similar san way, but indeed this is appreciated provision had been approved by the spite of inflation, in spite of new re- by those people who were suffering, sponsibilities we have $1.3 billion in House, but this is a very important $400 million is not all we need, but it is provision in Indian country. We passed savings. And that is a little bit of a significant movement in the right di- magic for our children because that a bill very important that dealt with rection. I want to express my sincere Native American housing earlier. I means they will have less to pay in appreciation for all those who are suf- terms of debts and deficits. want to commend the conferees for fering in North Carolina. putting this money in for mental So I think it is a good bill with some Mr. LIVINGSTON. Mr. Speaker, I health services and substance abuse. innovative initiatives. We are putting yield one-half minute to the distin- money in a habitat conservation pro- guished gentleman from Pennsylvania Mr. Speaker, this is a good bill. Let gram in California that I think will be me conclude with the immigration pro- [Mr. GOODLING], chairman of the com- a model for the Nation. In this program mittee on Economic and Educational visions. I think the President deserves they look at the economic as well as Opportunities. credit for sticking up for legal immi- the ecological values and they work it (Mr. GOODLING asked and was given grants in the bill. The bill still has out so that we can do both. And that is permission to revise and extend his re- some flaws on the immigration side but the magic of more jobs while at the marks.) nonetheless deserves support. same time preserving the quality of Mr. GOODLING. Mr. Speaker, for 20 The conference agreement provides life. A provision for fees, also 4 million years I pleaded with the Democrat ma- $2,134,743,000 for the Substance Abuse and in a clean streams initiative. This is a jority to please fund the unfunded Mental Health Services Administration good bill. mandate, the biggest we ever had in [SAMHSA] instead of $1,849,235,000 as pro- b 2130 the history of this country, which of posed by the House in H.R. 3755 and course is special ed. For 20 months I $1,873,943,000 as proposed by the Senate in Mr. LIVINGSTON. Mr. Speaker, I H.R. 3755 as reported from committee. Within 1 have hounded the new Republican ma- yield 1 ⁄2 minutes to the gentleman this total, the conference agreement makes from Texas [Mr. SMITH], a member of jority to please begin funding it. To- night I am happy to say that there is a available $58,032,000 for the mental health the Committee on the Judiciary, who knowledge development and application [KDA] helped craft and is the author of the 10 percent increase in there. So I thank everyone, the gentleman from Louisi- program, $69,927,000 for the children's mental immigration provisions in this bill. health program, $1,310,107,000 for the sub- Mr. SMITH of Texas. Mr. Speaker, I ana [Mr. LIVINGSTON], the gentleman stance abuse performance partnership, thank the chairman of the Committee from Illinois [Mr. PORTER], everybody $156,000,000 for the substance abuse treat- on Appropriations for yielding me this else who was responsible. But, more ment KDA program, and $168,800,000 for the time. importantly, every school district in Mr. Speaker, I rise in support of this the United States says thank you. substance abuse prevention KDA program. bill which contains the strongest ille- Mr. LIVINGSTON. Mr. Speaker, I The agreement includes a provision pro- gal immigration measures ever passed. yield 1 minute to the distinguished posed by the Senate in H.R. 3755 as reported Every illegal immigration measure gentleman from Michigan [Mr. from committee to require that of the amount that we passed in the stand-alone bill EHLERS]. provided for SAMHSA, at least $5,000,000 be last week, every phrase, every word, Mr. EHLERS. Mr. Speaker, I would expended for projects serving rural and native every comma remains in this omnibus simply like to point out, based on the American populations. No similar provision bill. It secures America’s borders. It comments that the chairman made ear- was included in H.R. 3755 as passed by the stems the pointless flow of illegal lier, we have saved $53 billion for the House. drugs, protects American jobs and taxpayers during this session of Con- The conferees agree that SAMHSA should saves taxpayers billions of dollars. gress. I always like to put that in comply with the directives in the House and This bill also requires new immi- terms of my constituents. A quick Senate reports accompanying H.R. 3755. The grants and their sponsors to be self-re- back-of-the-envelope calculation shows conferees have provided $1,500,000 for child liant rather than relying on taxpayers that that amounts to $200 per capita in care wrap around services for a continuing for support. this Nation, $200 for every man, woman grantee under the Pregnant and Postpartum For the first time ever, we require and child, or approximately $325 per Women and Children Program. The conferees every new immigrant to have a spon- taxpayer or somewhere in the neigh- expect these funds to be awarded as a com- sor. Just as we asked deadbeat dads to borhood of $450 to $500 per average fam- petitive supplement. support the children they bring into ily. The conferees have included sufficient the world, this bill requires deadbeat That is a very substantial amount of funds for university-based evaluations of pub- sponsors to support the immigrants money. Compared to the President’s lic and private collaborations which provided they bring into this country. budget as submitted, it is even greater, year-round, school-based, early prevention This bill has been changed though, 50 percent greater than the numbers I and transition programs, which include middle Mr. Speaker. The administration put quoted. school transition programs. H12100 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. LIVINGSTON. Mr. Speaker, the nesses every year. The 7(a) guaranteed loan mysteries of the OMB subsidy rate assump- 105th Congress will not have the pres- program, the largest loan program at the SBA, tions and prevent future year surprises in this ence of the gracious gentlewoman that will provide over $7 billion in financing to small calculation. As with the 504 program, we are I would like to yield to at this point. I businesses this year. As volume in the loan moving more of the day-to-day responsibilities would like to thank her for her out- programs has increased, SBA staffing has de- for the loan programs to our most trusted pri- standing service as a Member of Con- creased. I believe these events can be com- vate sector partners, our preferred lenders or gress for so many years, but also as the patible, but only if the SBA relies on its pri- PLP's. Accordingly, the preferred lenders will most recent chairman of the Commit- vate-sector partners to carry out the day-to- be provided with the full authority and respon- tee on Small Business. day operations of making, servicing, and liq- sibility to liquidate their own loans. The SBA Mr. Speaker, I yield 1 minute to the uidating loans. has delegated many responsibilities to the gentlewoman from Kansas [Mrs. MEY- The SBA does not have the manpower or PLP's, but has retained most of the liquidation ERS]. resources to be a retail operation. They can- functions with the agency. In addition, certified Mrs. MEYERS of Kansas. Mr. Speak- not efficiently process every loan or handle the lenders [CLP's] will be able to conduct their er, I rise today in what will probably be liquidation of each loan that goes into default. own liquidations, with the assistance and over- my last time before this institution. I This is clear from the new subsidy ratesÐ sight of the SBA. It is anticipated that the pri- have enjoyed serving in this body, and rates that have dramatically increased in the vate sector will be able to perform this function I thank my colleagues for their friend- past year due to low recovery rates on liq- faster and more efficiently, maximizing returns ship and support over the years. uidated loans. The time period for liquidating to the Government. I particularly want to thank the gen- loans is substantially longer than the average In addition, this legislation requires that the tleman from Louisiana, Chairman LIV- in the private sector. It is time for the SBA to low documentation or low doc program, which INGSTON, and the gentleman from Wis- move the liquidation function to the private is an abbreviated form for the borrower seek- consin [Mr. OBEY], the ranking mem- sector, where our bank and non-bank lending ing a guaranteed loan of $100,000 or less, be ber, for including the SBA in this bill. partners conduct these types of actions every- conducted only by PLP's, CLP's, or lenders The small business provisions included day, and harness those efficiencies. The SBA with significant small business lending experi- in the Omnibus Appropriation Act must assume the role of monitoring our lend- ence. This program, which was a pilot initiated make a number of changes in many of ing partners, not trying to recreate operations by the SBA, has proven to be very popular our SBA programs. However, all of that are done faster and better in the private among borrowers and banks, alike. However, them have passed this House by a total sector. the Committee on Small Business has re- of 408 to nothing fairly recently. My colleagues and I realized the SBA's limi- ceived a good deal of anecdotal evidence sug- The overall theme of the legislation, tations, and this legislation will turn more func- gesting that many lenders who have little or however, is better management of the tions of the SBA lending programs over to the no small business lending experience, and no loan programs. SBA guaranteed ap- private sector. In the 7(a), 504, and disaster experience with SBA loans, are doing large proximately $10 billion in life-giving loan programs, pilot projects have been cre- volumes of low doc loans. As the low doc pro- capital to small businesses every year. ated, giving lenders the freedom to liquidate gram now comprises about 25 percent of the The 7(a) guaranteed loan program, the defaulted loans. This should increase our re- 7(a) program volume, my colleagues and I felt largest loan program at SBA, will pro- turns and improve service delivery in our loan it important to act to preserve the integrity of vide over $7 billion in financing to programs. The SBA simply cannot handle the the SBA's own regulations, which stipulate small businesses this year. load currently on its plate, as reflected in the that low doc is for use by our most experi- This bill preserves the 504 program, increased subsidy rates. enced lenders. We also place a limitation on which is for bricks and mortar, lending Other critical provisions in this legislation any new pilot programs. The administration through fees it allows for an expanded are those dealing with the 504 or Certified De- may experiment and try out new ideas and SBIC program, which is venture capital velopment Company program. When the concepts to meet small business' needs. How- for small business. And all of this with President released his budget for fiscal year ever, no pilot may comprise more than 10 per- greater safety and soundness for the 1997, we were hit with dramatically higher es- cent of the 7(a) program volume. As we have American taxpayer. timates of the subsidy rates for the 504 and seen, the program's subsidy rate is very sen- I want to thank all the members of 7(a) guaranteed loan programs. Last year, the sitive to changes in the portfolio composition. the committee and the staff for their Committee on Small Business moved legisla- Any pilot deemed successful can be statutorily hard work. tion that reduced the subsidy rate in the 504 created through the legislative process. Mr. Speaker, I rise today in what will prob- program to zero, making it a self-financed pro- Other provisions in the legislation continue ably be my last address before this institution. gram that requires no appropriated funds. to echo the theme of more reliance on the pri- I have enjoyed serving in this body, and I While the committee was disappointed and vate sector to carry out the functions of the thank my colleagues for their friendship and frustrated by the SBA's and OMB's inability to SBA programs. The SBA is required to con- support over the years. As the Chair of the notify us in a timely way about these new esti- tract out to one or more private entities re- House Committee on Small Business, I am mates, we are committed to preserving the sponsibility for the servicing of 30 percent of proud to take this opportunity to describe an 504 program, if necessary, at a zero subsidy. the residential loans in our disaster portfolio. excellent package of small business program A combination of new fees, to be shared by This pilot should show that the private sector reforms that is contained in this Omnibus Ap- the lenders, the certified development compa- can perform this function at less cost than the propriations Act. nies, and the borrowers, and several program- SBA and, hopefully, lead to a complete con- This package is based in large part on H.R. management improvements in this legislation, tracting out of this function. 3719, the Small Business Programs Improve- including the liquidation pilot project, result in Finally, the Small Business Competitiveness ment Act of 1996, which the Committee on the maintenance and strengthening of the 504 Demonstration Program and the Small Busi- Small Business reported out in July of this program. It is vital that this lending program, ness Technology Transfer Program are reau- year by unanimous vote. The bill was the which provides long-term financing for expand- thorized through fiscal year 1997. The Small product of intensive, bipartisan work. Earlier ing small businesses to purchase new phys- Business Competitiveness Demonstration Pro- this month, H.R. 3719 passed this body by a ical space or equipment, continue to help gram eliminates small business set-asides in vote of 408 to 0. I appreciate the support that small businesses and our economy grow. As four categories of industry, as long as small my colleagues gave to that bill, and I think that my colleagues probably know, the 504 pro- business participation in these industries are it speaks well of the spirit of teamwork and gram is the only SBA lending program with a at least 40 percent. This innovative dem- commitment to the welfare of the small busi- job creation requirement. While no one likes to onstration program has worked well, allowing ness community that resides in the Committee place additional fees on small business bor- all business to compete for Government con- on Small Business and this Congress. rowers, that was the only way to keep this im- tracts on an equal footing, without locking The small business provisions included in portant program going within the parameters small business out of the process, or into a the Omnibus Appropriation Act makes a num- of the available funds. certain number or type of projects. This legis- ber of changes in many of our SBA programs. This legislation also addresses some man- lation does require extensive reporting on the The overall theme of the legislation, however, agement issues in the 7(a) program and re- progress of this program, to ensure that it is is better management of the loan programs. quires an extensive, private sector study of the not operating to small businesses detriment. SBA-guaranteed loans provide approximately subsidy rate calculations done by the SBA and The small business technology transfer, or $10 billion in life-giving capital to small busi- the OMB. I hope this study will unlock the STTR program, is a 3 year old pilot program September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12101 created to harness the tremendous creativity business entities who want to be licensed by reserve for debentures for the smaller SBIC's and flexibility of small business to promote the the SBA as an SBIC, and requires the SBA to which is essentially the SSBIC industry. In ad- commercialization of innovations derived from provide a report detailing the status of the ap- dition, the specially set-aside debenture funds Federal research and development. This pro- plication within 90 days. In addition, it states will be dedicated to investments in smaller en- gram partners small companies with nonprofit that no application can be denied because terprisesÐmany of which are minority owned. research institutions, such as universities or Congress has not appropriated sufficient funds I believe that the SBIC and SSBIC provi- federally funded research and development to meet leverage demands. These provisions sions set forth in the Senate amendment are centers. Through STTR, small businesses are also permit the SBA to approve a new license reasonable and will in turn benefit the small allowed the opportunity to compete for a very applicant that has at least $3 million in private business community. In the bipartisan spirit of small portion of Federal agenciess' extramural capital, so long as the applicant meet all other cooperation that has historically surrounded research and development budgets. In a very licensing requirements. Once approved as a li- small-business legislation, I urge my col- competitive environment, small businesses censee, however, the SBIC would not be eligi- leagues to support the small business pro- seek approval for proposals to turn Federal re- ble for leverage until its private capital reaches gram reforms included in the Omnibus Appro- search into new products and applications for $5 million. priations Act. the commercial marketplace. I am very Under the Senate provisions, section 301(d) Mr. OBEY. Mr. Speaker, I yield my- pleased that the STTR program will be con- of the Small Business Investment Company self 2 minutes. tinuing in fiscal year 1997, and hopefully, in Act of 1958 will be repealed and all former Mr. Speaker, I would simply like to years thereafter. 301(d) licensees, the Specialized Small Busi- add additionally my thanks to the dis- The small business provisions included in ness Investment Companies [SSBIC's], will tinguished gentleman from Illinois the Omnibus Appropriation Act also contain now become regular Small Business Invest- [Mr. PORTER] for the cooperation which improvements to the Small Business Invest- ment Companies. The 301(d) licensees are he has given us in handling the labor, ment Company [SBIC] program, which were currently restricted to investing in socially or health, education, social services bill. inserted by the Senate and are based on S. economically disadvantaged businesses, He is a good chairman, and we very 1784, which passed the Senate by unanimous mostly those owned by women and minorities. much appreciate the courtesies that he consent in July of this year. The Senate provi- However, the SSBIC's have long complained has shown our side of the aisle. sions restructure the SBIC program to incor- that this restriction has hindered the ability of I would also like to extend my appre- porate a number of vital changes to program these important companies to grow like other ciation to Martha Foley from the operations. SBIC's. White House and also to Jack Lew, to Under the Senate's language the minimum In order to enable their growth, the legisla- Barbara Chow, Charles Keiffer, to John capital requirements for new license applicants tion removes the investment restriction, but Hiley and to Franklin Raines, the new is increased. To be a debenture licensee, new creates a special reserve of leverage available OMB director. A special thanks to Jim applicants must have $5 million in private cap- only to SBIC's who invest at least half of their Dyer, who in his capacity as staff di- ital. To be a participating security licensee, funds in small enterprises. A small enterprise rector has worked very well and very new applicants must have $10 million in pri- is a small business with a net worth of less closely with all of us on both sides. vate capital; however, the SBA can approve a than $6 million and a net income of less than Also from the committee, Jack Kole, participating security applicant if it has be- $2 million. This merger will enable the smaller and from my personal staff Christina tween $5 and $10 million provided that its in- SBIC's to maintain their focus on financing for vestment plan is sound. Furthermore, the lan- Hamilton, Anne Georges, Joe Crapa, primarily minority- and women-owned busi- Paul Carver. Without the work of all of guage grandfathers all existing licensees, and nesses, which that are the smallest of our en- there will be no restrictions on the availability these people, we would not have been trepreneurs, without any specific restrictions able to finish this monstrous effort of capital to any licenseeÐall licensees will be that might negatively affect the ability to seize able to refinance or borrow additional lever- without all winding up in the hospital. investment opportunities. I appreciate their efforts very much. age. In lieu of the prior funding mechanism for Mr. Speaker, I yield back the balance The Senate provisions also includes two in- the 301(d) licensees, the Senate language of my time. creases in fees to be paid by SBIC's. First, provides a new reserve of debenture funding Mr. LIVINGSTON. Mr. Speaker, I SBIC's would pay an annual charge of 1 per- for these smaller SBIC's. The fund will be fi- yield such time as he may consume to cent on the value of all outstanding leverage nanced through the proceeds of the existing the gentleman from Alabama [Mr. CAL- granted after the effective date. In addition, preferred stock repurchase program. The LAHAN], distinguished chairman of the the non-refundable up-front fee, which is cur- availability of this special pool of leverage, Subcommittee on Foreign Operations, rently 2 percent, would be increased to 3 per- along with leverage available to all SBIC's, will Export Financing and Related Pro- cent of new leverage amounts. These fees will substantially increase the capital available for grams. greatly reduce the subsidy cost of the program minority- and women-owned business invest- (Mr. CALLAHAN asked and was enabling this Congress to provide more ven- ments. ture capital funding for small business than In addition, the Senate provisions require given permission to revise and extend ever before. that each SBIC, regardless of its size, invest his remarks.) In addition to the reforms of the financing at least 20 percent of its aggregate dollar in- Mr. CALLAHAN. Mr. Speaker, I rise provisions, there are a number of changes de- vestments in smaller enterprises. This new in support of this measure. signed to enhance the safety and soundness focus is designed to ensure that the smaller Mr. LIVINGSTON. Mr. Speaker, to of the SBIC program. The SBA must ensure businesses continue to obtain full benefit of conclude the argument and debate that each applicant for a license maintain di- the SBIC program from all its participants. today on this final bill, I yield the bal- versification between the management and The SSBIC provisions in the Omnibus Act ance of my time to the very distin- ownership of the licensee, and regulate SBICs contain some changes from the text of S. guished gentleman from Georgia, the closely to first, ensure that they do not incur 1784, which unanimously passed the Senate. Honorable NEWT GINGRICH, Speaker of excessive third-party debt; second, ensure that These changes are designed to address a the House. no SBIC receives leverage when it is under number of the concerns raised by the SSBIC The SPEAKER pro tempore (Mr. capital impairment; and third, require each industry. Specifically, DREIER). The gentleman from Georgia SBIC to adopt valuation criteria set forth by First, the SSBIC's will be completely grand- [Mr. GINGRICH] is recognized for 6 min- the SBA to establish the values of loans and fathered from the new capital standards, which utes. investments of each SBIC and that an inde- are contained in the legislation; Mr. GINGRICH. Mr. Speaker, let me pendent certified accountant review these Second, the smaller SBIC's, which are es- start by saying I think this is truly a valuations annually. Finally, the SBA is di- sentially the SSBIC industry, will be unre- historic evening and that I want to rected to submit to the Senate and House stricted with regard to obtaining rollover or thank everyone on both sides who Committees on Small Business a detailed plan new leverage; made this possible. to expedite the orderly liquidation of all li- Third, investment companies with less than It took a tremendous amount of ef- censee assets in liquidation. This plan is to in- $10 million in capital, but more than $5 million, fort both here and in the other body clude a timetable for liquidating the liquidation will be eligible for the participating securities and in the executive branch. It took a portfolio of assets owned by the SBA. program; and bipartisan effort. The Omnibus Act also includes provisions to Fourth, funds from the repurchase of SSBIC I want to particularly single out Mr. speed up the processing of applications from preferred stock will be set aside as a special OBEY and all of his staff and all the H12102 CONGRESSIONAL RECORD — HOUSE September 28, 1996 members of his committee on the And then, just to make it really com- Member of the Senate, BOB BYRD, who Democratic side who worked so hard, plicated, the Founding Fathers put a is just a giant who people will study for and I want to thank Chairman LIVING- little building right over there called many centuries and say: That personi- STON and his members and his staff the Supreme Court which watches all fies the Senate at its most cagey, its who worked so hard. of us. And their deliberate design was most obstinate, and at the same time I want to pick up a little bit on what to create a system so complex and so cherishes the ideals of why we have a Mr. OBEY said. Leon Panetta was up cumbersome that no dictator could Senate, even if we in the House often here, our former colleague, for 2 nights, seize power and force it to happen and wonder why we have a Senate. until, I think, 4:30 one night and until to create a system so cumbersome that And they, of course, look over here 7 a.m. the next, working to get this no temporary tidal wave of popularity and wonder why we have a House, and done, not to drag it out, not to get into could force us to do dumb things that that is how the Founding Fathers in- some kind of a mess, not to hang were not changeable. tended. And I would say of Keith Ken- around for an extra 10 days, but to get Some days it is very frustrating. nedy and that fine staff, they were ab- it done and to get it done in a very de- Some days it is very partisan. And solutely invaluable. tailed, very thorough and, I think, re- then occasionally it matures and it Illegal immigration. A tremendous markably bipartisan way. comes together and people listen to breakthrough for all Americans who This Congress may at times have each other and you have a few weeks, really do believe we must remain open been very partisan. In the last week I as we did this summer, when in one as a land of legal migration, a beacon think we have truly pulled the wagon short week we reformed the health in- of hope for the whole planet, but we together, the American people’s wagon, surance system so every American had cannot be open for those who would in a remarkably solid way. a chance to go out and change jobs break the law and come here. And yet I also have to say that John Hiley did without preconditions. In 1 short week, tempered to some extent; we would a very able job representing the Presi- we passed the minimum wage. I would argue about the tempering by very dent. And at one point last night we say to my friends, the Democratic tough negotiations with the White were sitting right over here with ALAN Party, you won a great victory. Some House and with our friends, the Demo- SIMPSON and LAMAR SMITH working on of us swallowed more than we wanted crats. the illegal immigration bill. It was a to, yet it was clearly the American The defense bill: I would just say to truly bipartisan effort to scrub the bill people’s will. And the system worked my colleagues watching what is hap- and, I think, went from many, many exactly as it is supposed to. pening in the Middle East, and I say changes to a very narrow range of In that same short week, we re- this as an Army brat, we in this Con- changes and did it in a way that was formed welfare, ending an entitlement gress stood firm for our men and very intelligent and very professional. after 61 years. And for some it was a women in uniform, and we have pro- I commend not just John but all the bitter defeat and for others it was won- vided them on a bipartisan basis with staff he brought with him from the ex- derful victory. Yet at the end of the better equipment, better training and ecutive branch. week, everyone had won something and better resources, and it was the right I would also say that Martha Foley everyone had somehow felt accommo- thing for us to do for those who risked very ably represented the interests of dated that the process was working. their life for America. And I am proud the President. That is the way it Now we are here tonight. I could not of the gentleman from Florida [Mr. should be in our constitutional system. say enough about Chairman LIVING- YOUNG], and I am proud of the gen- Remember, our Founding Fathers de- STON, the team he assembled, the tre- tleman from Pennsylvania [Mr. MUR- signed, in the Constitution, they saw mendous staff that Jim Dyer leads and THA], and I am proud of everybody who themselves as engineers. They wanted the way in which this committee has has worked on that, and I am proud of a machine so inefficient that no dic- served, saving $53 billion in domestic the gentleman from South Carolina tator could make it work. So they put spending for the American people, the [Mr. SPENCE], and I am proud of the part of the power over here, and we get most successful Committee on Appro- gentleman from California [Mr. DEL- elected every 2 years and we all pay a priations from a taxpayer’s standpoint LUMS] and everybody who works on the lot of attention, every morning, to since World War II. The gentleman Committee on National Security, and what the American people think. Then from Louisiana [Mr. LIVINGSTON] clear- the two committees have worked to- across the way they created the Senate ly played the lead role week in and gether for a better America and for the to represent the States, where we rep- week out and carried that burden. young men and women who serve us. resent the people and where this is the On health care I have to say fighting b people’s House in the constitutional 2145 to balance the budget, saving money, model, that is the States House, and And I would say candidly, without the gentleman from Illinois [Mr. POR- only one-third of the Senators are up. the tough negotiations, the hard work TER] was a giant for research, for the And so their view is different than and the willingness of the gentleman National Institutes of Health, for ours. And where we are a new body from Wisconsin [Mr. OBEY] to fight for breast cancer research, and I say to the every 2 years, they are a continuing his team but to fight within the proc- gentleman, ‘‘JOHN, we all owe you body. And they never quite change ess, this would not have happened, and something,’’ and those who get ill 20 their rules. I say to the gentleman, ‘‘DAVE, I com- years from now, who are saved by mir- They are deliberately and legiti- mend you.’’ acles of research that are undreamed of mately slower. When the country be- And I would say across the way, if I today, can look back to this Congress comes more liberal, they do so more might, we have two great giants in the which said, yes, we will pinch pennies slowly. When the country becomes Senate, MARK HATFIELD, who we will where it is wise, but we will not stint more conservative, they do so more all miss, who whether one agreed or on the research that will save lives in slowly. That is the way it should be. disagreed, whether it was early in his the future. I thank the gentleman from Then the Founding Fathers took part career as a young boy governor re- Illinois for his leadership. of the power and put it downtown, and former, whether it was as one of earli- On parks I would just have to say they elected an Executive every 4 est opponents of the Vietnam war as an that the gentleman from Ohio [Mr. years. That Executive has the power of act of conscience, whether it was the REGULA] has done a tremendous job on the veto. And as we on our side found vote last year against the balanced the Interior bill, we worked very close- occasionally, it is a very powerful budget, because he honestly voted out ly together, and I thank all my friends weapon. of conscience, or whether it was work- on both sides of the aisle, and I thank, On the other hand, back when we ing with him as we all did the last I hope, the other body which I do not were in the minority and we had a Re- week, a remarkable tribute to the think yet acted, that we may actually publican President, we thought it was American system. get a bipartisan parks bill through be- a wonderful weapon. I think all of us in And his counterpart, I think prob- fore the evening is out or before next this House have learned a little more ably the wiliest, the most clever and week is out because it is good for about this process in the last 2 years. certainly the most knowledgeable America and there are a lot of things September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12103 we can agree on on strengthening are among the most significant elements of funded and that several major thrift failures parks. the reg relief package. could precipitate a new thrift crisis that could And finally, all of us are going home I am also pleased the package contains the require additional funding from taxpayers. It to a country that has the scourge of provisions granting limited purpose banks re- also found that a projected 20-point disparity drugs and violent crime, and I just lief from the artificial and anticompetitive re- in insurance premiums paid by banks and want to thank the gentleman from strictions long placed on their operations. thrifts would encourage further weakening of Kentucky [Mr. ROGERS] for his tremen- Since 1987, I have repeatedly introduced leg- the SAIF and threaten potential default on the dous leadership in doing the right islation or sponsored amendments that would FICO bonds issued to help pay the cost of the things to strengthen the FBI and the correct this fundamental inequity. It is appall- last thrift crisis. Drug Enforcement Administration and ing that the correction has taken so long, but Shortly after the report was issued, I intro- all the things that are happening there. I am pleased to see it. duced twelve separate bills that outlined sev- And as we think about what is hap- In broader terms, there has long been bipar- eral alternative approaches for addressing the pening in the Middle East, I want to tisan support for legislation truly targeted at re- problems of the SAIF fund. Many of these pro- thank our good friend, the gentleman duction of regulatory burden, yet during this posals were incorporated in the so-called from Alabama [Mr. CALLAHAN] for his House session the issue has become highly ``BIF±SAIF'' legislation approved by the Bank- leadership on the foreign operations controversial. In part that is because of issues ing Committee last year and are now included bill. It is a very hard task, and no one left unresolved in the Banking Committee's de- in this legislation. These provisions provide for thanks them for doing it, but it is for liberations on financial modernization legisla- the immediate recapitalization of the SAIF America’s future and for our role in the tion. We will not see modernization legislation fund by SAIF-member institutions, the merger world, and we are grateful. in this session of Congress and I see that as of the SAIF with the Banking Insurance Fund Let me just say in closing I know a fundamental failure of the committee. This [BIF] in 1999 and the sharing of the long-term some of my friends never quite got over country's financial services policy is seriously FICO bond debt by all insured institutions. my becoming Speaker, but that is all outdated and modernization legislation is es- These measures will finally bring closure to right in the historical process. I know sential and long past due. But this is not an the thrift crisis of the 1980s and will do so that others were delighted that I was area where any one policymaker's vision can without any additional cost to American tax- Speaker. I know that the American be imposed. Nor is it an area where the pull payers. The thrift industry will commit over $5 people will choose November 5. This is and tug between affected interest groups can billion to fully capitalize the SAIF this year and the peoples’ House. It has been great to or should be allowed to be determinative. All the bank and thrift industries will provide $16 work with everyone, I think we are the affected parties have legitimate concerns billion over 20 years to finance the FICO closing on the right bipartisan note, I and deserve a fair hearing, but it is not for bonds. This is a significant financial outlay and think we do have accomplishments all them to resolve the issue. I believe a proper a necessary one. While today's banks and of us can be proud of, from every back- balance of competing interests could have thrifts cannot be held responsible for the thrift ground, from every part of the country, been achieved, and consensus legislation on failures of a decade ago, they have an equal in both parties. financial modernization produced, if we had stake in preserving public confidence in our This is one of the earliest times we worked cooperatively on a bipartisan basis to deposit insurance system. have adjourned, I think the earliest that end. since I have been here that we will ad- Financial modernization is a policy area of REGULATORY RELIEF journ, and I just want to say in what is national importanceÐhighly technical and po- Earlier House versions of the regulatory re- quite unusual this early in this season: litically controversial. It is an area where Mem- lief section of this bill raised very troubling I wish all of you a very good time at bers of Congress can and should do what only concerns in the area of consumer protection. home, a very safe journey whichever they can do bestÐwork in a seriously delib- I am pleased that, because of the input of party you are in, whatever your cam- erative and bipartisan fashion with the Admin- Senate and House Democrats working coop- paign. I hope all of you have a very istration to craft the best possible consensus eratively with the administration, the bill has good future, and while it’s very, very legislation. If we move in that direction during been very substantially improved in this area. early, since we are not formally going the next Congress, we can succeed. I will speak only to three key areas of concern. to be in session, I actually wish all of The broader regulatory relief package has Earlier versions of the bill would have effec- you a very Merry Christmas. Thank also been controversial in its own right, sepa- tively eliminated the vital Community Reinvest- you very, very much. rate and apart from modernization issues. The ment Act by exempting most banks from its Mr. LAFALCE. Mr. Speaker, this bill contains central reason for that controversy was the coverage and eliminating the only existing en- one vital piece of banking legislationÐa reso- gratuitous inclusion of provisions in the House forcement mechanism. The final draft of the lution of the BIF±SAIF problem. This provi- bill that undercut important consumer protec- banking section of this bill does not adversely sionÐwhich has been developed on a biparti- tion laws under the guise of ``regulatory relief''. affect CRA in any regard. san basis, in cooperation with the administra- This ill-advised effort to undercut consumer Another major area of concern for me has tionÐwould protect depositors and taxpayers protection, coupled with unnecessarily partisan been the elimination of civil liability under the by providing for the full near-term capitaliza- deliberations, has seriously and unnecessarily Truth In Savings Act. Such an elimination tion of the Savings Association Insurance jeopardized our ability to accomplish anything would have totally undercut efforts to ensure Fund and ensuring against default on the in this area to date. Thankfully, House and compliance. The current bill would sunset the FICO bonds issued to pay for the previous cri- Senate Democrats working with the Adminis- civil liability provisions in 5 years. It would cer- sis in the thrift industry. The banks will help in tration have ensured that all of the provisions tainly be my hope that long before we ever this effortÐas they should. Both banks and adversely affecting the Community Reinvest- reach that date we will readily conclude that thrifts reap the benefits of Federal deposit in- ment Act have been stricken from the bill and eliminating civil liability is a very poor idea. surance, and current healthy members of the other provisions which had an adverse impact Finally, I do not believe the consumer leas- thrift industry are no more responsible than on consumer protection have been largely re- ing provisions belong in this bill. The absence are the banks for the thrift problems of the vised to our satisfaction. While the bill is not of full and comprehensible disclosure in the past. Both industries are now acting respon- perfect in these respects, the final draft of the area of auto leasing confuses, and at worst sibility to put a potential crisis in the deposit banking provisions represents a major turn- deceives, more and more consumers each insurance system behind us. around on these key issues. day. We are very ill-advised to legislate on this I have always contended that BIF±SAIF was BIF-SAIF issue without a full understanding of the prob- the only banking legislation that must pass This legislation includes proposals I have lem and alternative ways to approach its reso- Congress this year, and I am pleased that it advocated throughout this Congress for the re- lution. Yet provisions were incorporated in the will. In addition, regulatory relief legislationÐ form of the federal deposit insurance system. House bill without any prior consideration by most notably in the lender liability areaÐis Two years ago, I joined with Senator D'AMATO the Committee whatsoever. The provisions also a part of this package. The lender liability in requesting the GAO to study the deteriorat- which have survived are less problematic than provisions in the pending bill in fact build upon ing condition of the Savings Association Insur- the original House provisions, which actually bipartisan legislation I first introduced in 1989, ance Fund [SAIF] and to make recommenda- eliminated civil liability in key areas, but they and reintroduced repeatedly over the years, tions to Congress. The studyÐissued in are very troubling nonetheless. I will continue eventually garnering 290 bipartisan cospon- March of 1995Ðconfirmed our worst sus- to press for serious pro-consumer action in sors. In my view, the lender liability provisions picions that the SAIF was dangerously under- this area during the next session. H12104 CONGRESSIONAL RECORD — HOUSE September 28, 1996 LENDER LIABILITY ties, will be able to make decisions on prop- tempted to rape them as well. The trial court This continuing resolution also incorporates erties without fear that simply taking real prop- has already made a preliminary ruling that evi- lender liability provisions which I strongly sup- erty could trigger personal liability. dence of the defendant's other crimes will not port and have advocated for 7 years. I intro- I am pleased that this measure, after so be admitted independently of the new rules. duced the first lender liability bill in 1989 in re- many years of effort, has finally been adopted. In United States versus David Kee Mann, a sponse to a small business in my district I must note that it was a pleasure to work with case in New Mexico, the defendant was con- whose efforts to develop property were held Congressman DOUG BEREUTER and Congress- victed of molesting an 11-year-old girl, follow- up, not because of lack of interest or need, woman MARGE ROUKEMA in the House Bank- ing a trial in which evidence was admitted but by bank concerns about environmental li- ing Committee to produce a version of this under the new rules. There was testimony at ability. legislation not unlike the package that is be- the trial concerning similar crimes by another In 1980, the Superfund law was passed fore us today. 11-year-old victim, and by a woman whom the after the well-known problems at Love Canal, I also want to acknowledge the many indus- defendant had sexually abused throughout her located in my district, came to light. As part of try groups and individual firms who have childhood and adolescence. that law, we recognized that not everyone with worked for years to see this resolution at- In United States versus Calvin Dean Peters, a tie to polluted property should be held liable. tained. I would note in particular the work of another New Mexico case, the defendant was Lenders, who hold a mortgage or security in- the Environmental Lender Liability Coalition convicted of a rape offense. He had previously terest in property, could potentially be con- with some 100 companies, trade groups, State been convicted of two other rapes, and evi- strued as ``owners or operators,'' so the 1980 officials and others in remaining a constant dence of these earlier crimes was admitted statute carved them out from liability if they source of support, information and expertise under the new rules. didn't take part in the management of the ves- on this important subject. When Congress enacted the new evidence sel or facility. This small provision will have major rami- rules, these were precisely the kinds of cases However, court cases in 1985, culminating fications for secured parties, fiduciaries, com- in which we wanted to be sure that the jury in the well-known Fleet Factors decision of munities and the environment across the would have the basis for an informed decision, 1990, eroded the certainty of the Superfund country and, I believe, all for the good. including information about the defendant's exemption. As a result, we witnessed a seri- Ms. MOLINARI. Mr. Speaker, I rise to sup- history of similar crimes. However, unless ous contraction in lending to certain types of port and explain an amendment in the Con- Congress acts immediately, it is predictable borrowers and to certain parts of communities tinuing Resolution which clarifies the effective that important evidence will be suppressed, because of bank concerns about potential en- date provision for Rules 413 through 415 of and the convictions of sexual predators will be vironmental liability. the Federal Rules of Evidence. The immediate overturned. This is an unnecessary injustice After hearings in the House and co-sponsor- enactment of this amendment is necessary to because Congress has already made the deci- ship by some 290 members of a bill I intro- prevent the reversal of the convictions of rap- sion that evidence of this type should be ad- duced to clarify secured party and fiduciary li- ists and child molesters, and the supervision missible by enacting rules 413 and 414. ability, the Environmental Protection Agency of relevant evidence in pending sex offense While some might argue this amendment promulgated a rule for lenders. That rule was prosecutions. presents a constitutional problem, this is not overturned on procedural grounds and the Congress enacted Rules 413 through 415 in true. The Constitution's rule against ex post clarity provided by the rule was lost. the 1994 Crime Act. These rules broaden the facto laws only prohibits criminalizing or in- Today, this bill provides the certainty sought admissibility of evidence that the defendant, in creasing the penalty for conduct after it oc- for so long. The legislation effectively codifies a sexual offense case, has committed of- curs. It does not limit the application of elements of the 1992 EPA rule into statutory fenses of the same type on the other occa- changes in evidence rules in pending cases. language to provide clarity and certainty re- sions. At that time, Congress agreed to a de- The Supreme Court has so held, most re- garding the liability of secured parties and fi- ferred effective date provision when the rules cently in Collins v. Youngblood, 497 U.S. 37, duciaries for contaminated properties. These were enacted, to accommodate procedural ob- 43 n.3 (1990). provisions will spur lending to borrowers and jections raised by opponents of the reform. As a general proposition, changes in evi- encourage the clean-up and redevelopment of Everyone understood that this would defer the dence rules apply to pending cases, as well hundreds of unused properties across the application of the rules for at most 3000 days, as to those indicated after their enactment. country. This is done without any expenditure and that they would be fully in effect after the The amendment I am proposing is necessary of taxpayer dollars and without any weakening end of that period. Under this effective date to correct the harmful effects of the Tenth Cir- of current EPA liability standards. provision, the rules went into effect on July 10, cuit's misunderstanding of our intent on this The bill does not alter a lender's potential li- 1995. point in relation to rules 413 through 415. ability, in cases where liability is warranted; it Recently, a problem has arisen in the cases It is essential that Congress enact this legis- does provide clarity and certainty on how to where the indictment was filed before July 10, lation immediatelyÐbefore the end of this ses- avoid liability. The bill restores elements of the 1995, but the trial in the case has occurred, or sionÐbecause of the effect of the Roberts de- EPA rule to protect Government agencies, no- will occur, after the date. Some judges have cision on pending cases. The amendment will tably the Federal Deposit Insurance Corpora- properly interpreted the effective date provi- ensure that relevant, probative evidence will tion, in the role of receiver or conservator of sion to make the rule apply in all cases in not be suppressed, and that convictions will property. It provides certainty for fiduciaries, which the relevant proceedingÐthe trialÐcom- not be pointlessly reversed, in the cases I such as trustees, executors of estates, univer- mences on or after the effective date of July have described and others like them. If we do sities, pension fund managers and those in- 10, 1995, even though the case would be tried not act, we will have to explain to the present volved in a trust role for securities. Finally, the after that date. In United States v. Hollis Earl and future victims of these sexual predators bill provides reinforcement for the EPA rule on Roberts, 88 F.3d 872 (10th Cir. 1996), the why we have handed the keys to the jailhouse lender liability under the Solid Waste Disposal Tenth Circuit Court of Appeals recently adopt- door to their victimizers. I do not believe that Act, a rule that is limited to petroleum under- ed this erroneously restrictive interpretation of any member of this chamber wants to be in ground storage tanks. the effective date language for the new rules. that position. I strongly urge the enactment of The beneficiaries of this bill will be banks, This decision may result in the suppression this measure. insurers, guarantors, and others in the busi- of relevant similar crimes evidence in pending Mr. SMITH of Texas. Mr. Speaker, division ness of extending or supporting credit and cases, like Roberts, in contravention of our C shall be considered as the enactment of the those to whom they will now be able to lend judgment that evidence of this type should be conference report (Rept. 104±828) on H.R. without artificial constraint. But the ultimate admissible. It may also result in the reversal of 2202, the Illegal Immigration Reform and Im- beneficiary should be our environment. With convictions of rapists and child molesters that migrant Responsibility Act of 1996, with cer- lenders and fiduciaries free to undertake their have already occurred in cases indicted before tain modifications to title V of the conference responsibilities, they may be better able to July 10, 1995, where the trial court admitted report. support environmental cleanup of damaged evidence under Rule 413 or 414. The legislative history of division C shall be properties. All lenders, at large or small institu- The following are just a few of the cases considered to include the joint explanatory tions, will have a clear blueprint on how to be that will be affected: statement of the committee of conference in involved with properties with environmental In the Roberts case, the defendant is Report 104±828, as well as the reports of the damage and to help restore these properties charged with sexually assaultive crimes Committees on the Judiciary, Agriculture, and to use. Fiduciaries, who frequently acquire against three women. Several other women Economic and Educational Opportunities of properties in trust after they assume their du- are prepared to testify that he raped or at- the House of Representatives on H.R. 2202 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12105 (Rept. 104±469, parts I, II, and III), and the re- Section 565. Redesignate as section 564. work together in producing this necessary port of the Committee on the Judiciary of the Section 566. Redesignate as section 565 spending measure while avoiding a shutdown Senate on S. 1664 (Rept. 104±249). and modify to strike (4). of government services. The following records the disposition in divi- Section 571 through 576. Strike and insert Contained in this measure are specific pro- sion C of the provisions in title V of the con- sections 221 through 227 of the Senate visions affecting the structure of the United ference report. (The remaining titles of the amendment to H.R. 2202, as modified. States Postal Service. Specifically, section 662 conference report have not been modified.) Section 591. No change. of title I provides for the creation of an inde- Technical and conforming amendments are Section 592. Strike. pendent Office of Inspector General, a long not noted. Section 593. Redesignate as section 592. needed and important postal reform. This pro- Section 500: Strike. Section 594. Redesignate as section 593. vision is similar in scope to provisions con- Section 501: Modify to amend section 431 Section 595. Redesignate as section 594. tained in my legislation H.R. 3717, the Postal of the Personal Responsibility and Work Op- Ms. MILLENDER-MCDONALD. Mr. Speaker, Reform Act of 1996. H.R. 3717 has been the portunity Reconciliation Act of 1996 (Public I'd like to thank the gentleman for yielding. Mr. subject of four legislative hearings this term Law 104±193) to insert the provisions in sec- Speaker, I want to commend the Members of and a proposal for creating an independent tion 501(c)(2) of the conference report relating both Houses for the yeoman's job of putting Office of Inspector General received House to an exception to ineligibility for benefits for together this omnibus bill and meeting the nu- support during the 103d Congress. Through certain battered aliens. Strike all other provi- merous funding priorities in this tough fiscal this omnibus package, this important measure sions of section 501. environment. will be seen through to fruition. The need for an independent Office of In- Section 502. Modify to authorize States to Many of us take for granted and do not rec- spector General was highlighted by the Gen- establish pilot programs, pursuant to regula- ognize the arduous task this body faces each eral Accounting Office in its recent report to tions promulgated by the Attorney General. time they are asked to balance fiscal respon- my Subcommittee on the Postal Service. Spe- Under the pilot programs, States may deny sibility with our obligation to provide and our duty to govern effectively. cifically, the GAO found that the current struc- drivers' licenses to illegal aliens and otherwise ture compromised the ability of the Postal determine the viability, advisability, and cost I would also like to thank the Chairman and the members of the committees on Transpor- Service Inspector General with respect to in- effectiveness of denying driver's licenses to vestigations and audits of the Postal Inspec- aliens unlawfully in the United States. tation and Infrastructure, Appropriations, and the Subcommittee on Transportation Appro- tion Service. Current law provides that the Section 503. Strike. Postal Service Inspector General and the priations for having the vision to provide the Section 504. Redesignate as section 503 Chief Postal Inspector are one and the same. funding for the Alameda corridor, to support and modify to include only amendments to This system is the product of the 1988 amend- the $400 million in direct loans, as requested section 202 of the Social Security Act, and ments to the inspector general statutes when by the President through the Federal Highway new effective date. Strike all other provisions. the Postal Service first fell under the purview Section 505. Redesignate as section 504 Administration. of the Inspector General Act. and modify to amend section 432(a) of the While I was disappointed that unforseen cir- The General Accounting Office found that: Personal Responsibility and Work Opportunity cumstances caused the Alameda corridor The Inspector General Act of 1978, as Reconciliation Act of 1996 to provide that the project to be removed from a previous funding amended (IG Act), requires that IGs conduct Attorney General shall establish a procedure bill, I am pleased to see that the conflict was audits in accordance with generally accepted for persons applying for public benefits to pro- resolved and that this most important infra- government auditing standards. These stand- vide proof of citizenship. Strike all other provi- structure project will be funded this year. ards require IGs to be organizationally inde- sions. The Alameda Corridor will provide this coun- pendent of the operations they audit. Be- try with a fast and efficient gateway to Pacific cause the Postal IG is the Chief Postal In- Section 506. Strike. spector and therefore not organizationally Section 507. Redesignate as section 505. rim trade and will bolster our ability to com- independent of law enforcement operations, Section 508. Redesignate as section 506 pete in the burgeoning economic area. the Postal IG can not audit these operations and modify. Strike subsection (a) and modify Once completed the Alameda Corridor will in accordance with the required standards. requirements in subsection (b) regarding re- generate more than 70,000 local jobs and Section 662 of title I of H.R. 3610 corrects port of the Comptroller General. close to 200,000 new jobs nationwide. The ex- this systemically flawed structure by mandat- Section 509. Redesignate as section 507. panded trade, created by the construction of ing an independent Office of Inspector Gen- Section 510. Redesignate as section 508. the corridor, through the ports, will create new eral. The Postal Service currently enjoys reve- Modify subsection (a) and redesignate as an jobs related to manufacturing, production, and nue fast approaching the $60 billion mark. It amendment to section 432 of the Personal the shipping and trucking of goods. touches each and every one of us 6 days a Responsibility and Work Opportunity Rec- Today's funding environment requires a week and provides universal mail service in onciliation Act of 1996. Strike subsection (b). strong public-private partnership to finance order to bind together our geographically di- Section 511. Redesignate as section 509. projects of this nature. With over 75 percent of verse country. The Postal Service is far too Modify to change references to ``eligible the cost of the project funded by State and important for Congress and our constituents to aliens'' to ``qualified aliens'' and make other local sources, the Alameda Corridor truly ex- leave the important role of agency watchdog changes in terminology. emplifies the kind of public-private partnership to be compromised by a flawed management Section 531. No change. that this Congress has long urged States and structure. Section 532. Strike. localities to pursue for important infrastructure Pursuant to these provisions, the Inspector Section 551. Modify to reduce sponsor in- projects. General will be appointed by the Governors of come requirement to 125 percent of poverty I would like to thank the members of the the Postal Service and may only be removed, level. Strike subsection (e) of Immigration and California delegation for working together in a for cause, upon the written concurrence of Nationality Act (INA) section 213A as added bipartisan manner to effectively move the seven of the Governors. Following appoint- by this section. Make other changes to con- project through this body and to bring to fru- ment by the Governors, the bill directs the IG form INA section 213A as added by this sec- ition plans and blueprints that were conceived to submit a 5 year strategic plan outlining the tion to similar provision enacted in the Per- long before many of us where sworn into of- goals and staffing requirements for this new sonal Responsibility and Work Opportunity fice. office. The transfer of authorities from the Reconciliation Act of 1996. Strike subsection Let history reflect that the success of the Al- Postal Inspection Service to the IG will include (c). ameda Corridor is rooted in the bipartisanship all specific IG authorities as contained in the Section 552. Modify to amend section 421 that has helped to bring us to this point. I look Inspector General Act of 1978. Importantly, of the Personal Responsibility and Work Op- forward to continuing to work with my col- the position of Chief Postal Inspector will re- portunity Reconciliation Act of 1996 to include leagues from both parties and with President main a statutory position within section 204 of the provisions in section 552(d)(1) and 552(f). Clinton to see the Alameda Corridor through title 39. The amendment directs that the Chief Strike all other provisions. to its completion. Postal Inspector will report to, and be under Section 553. Strike. I yield back the balance of my time. the supervision of, the Postmaster General. Section 554. Redesignate as section 553. Mr. MCHUGH. Mr. Speaker, I rise in support The PMG will be required to notify the Gov- Section 561. No change. of H.R. 3610, the Omnibus Appropriation bill ernors and both Houses of Congress should Section 562. Strike. for fiscal year 1997. There are many good he remove or transfer the Chief Postal Inspec- Section 563. Redesignate as section 562. provisions in this measure and I am pleased tor to another position within the Postal Serv- Section 564. Redesignate as section 563. that the Congress and the administration could ice. Further, these provisions will not require H12106 CONGRESSIONAL RECORD — HOUSE September 28, 1996 the support of the taxpayer funds as the Post- Seventh, $996 million is provided for Ryan tions process the Gingrich-Dole Republicans al Service is self-supporting and is not in- White AIDS which includes $167 million for insisted on including provisions that they knew cluded in the omnibus federal budget. the purchase of new AIDS drugs. the President opposed and that they knew the Mr. Speaker, these amendments are com- To restore the opportunity for students to majority of Democratic Members, such as I, mon sense, practical reforms and should pursue a college education, the bill includes who believe in fairness and in following the prove to make our Postal Service more re- $830 million for college work study, $158 mil- rules, stood against; Democratic Members, spective and accountable. Hopefully, these lion for Perkins loans, $50 million for State such as I, who stand for support and protec- amendments will represent the first step that student incentive grants, and the Pell grant is tion of the working families of America; Demo- Congress will take toward tackling the arduous increased to the maximum award of $2,700. cratic Members, such as I, who seek to pro- issues surrounding postal reform and I am op- An additional 150 thousand middle- and low- vide for the vulnerable among us: the children, timistic that, in the next Congress, we may be income students will benefit. the elderly, the disabled. able to further address these complex issues. In addition, the bill includes $500 million for Until now, the Gingrich-Dole Republicans Accordingly, Mr. Speaker, I urge all my col- TRIO, $1.1 billion for the Job Corps Program have opposed the valuable supportive pro- leagues to support the conference report on and $1.3 billion for the Dislocated Workers grams that Federal funds guarantee across H.R. 3610. Program. The bill also includes restoration of our communities. They have threatened reduc- Mr. STOKES. Mr. Speaker, I rise in support funding for substance abuse treatment and tions in health care, education, job training, of the bill providing fiscal year 1997 funding prevention, school-to-work, older workers pro- crime reduction, child care subsidies, anti-ter- for the Federal agencies under the auspices of grams, worker protections, LIHEAP, Goals rorism efforts, and emergency assistance for the Appropriations Subcommittees whose reg- 2000, libraries, and teacher training. persons affected by natural disasters. For the ular appropriation bills have not been com- While this is just a snapshot of the invest- second straight year, the Dole-Gingrich Re- pleted, including Defense, Commerce, Justice, ments won on the American people's behalf, publicans have delayed the budget processÐ Judiciary, foreign operations, Interior, Labor- and while we have not been provided a copy trying to get their way like a bunch of spoiled HHS-Ed, and Treasury-Postal Service-general of the measure that we are about to vote on, childrenÐuntil we are bumped up against the Government. I am encouraged by the provisions I have start of the new fiscal year. As a member of the House Appropriations highlighted here. But because the public has made clear its Subcommittee on Labor, Health and Human I say encouraged because there are no as- strong disapproval of the Dole-Gingrich Re- Services, and Education, I want to give special surances that the American people will ever publican's Government shutdown tactics, this attention to the Labor-HHS-Ed component of really see the benefits of this investment. It is year in an apparent election year conversion, the bill. While at each stage of the regular ap- my hope that this is not just a paper exercise, the Republicans agreed to negotiate on fund- propriations process, the majority here in the or a mean hoax being played on the American ing important priorities such as those Demo- House opposed amendments to protect and people. I say that because it appears that the crats are known to champion. We are told that strengthen education, summer jobs, employ- majority is already plotting post-election rever- the bill provided us at this time includes agree- ment training, Head Start, financial aid, and sal of the concession made during negotia- ment on essentially all of the President's prior- substance abuse treatment and prevention, tions on this bill. I understand the Republican ity budget requests, to the tune of approxi- and in fact, zeroed out funding for Healthy conference chairman has been telling mem- mately $6.5 billion dollars. But don't be fooled. StartÐa pro-life program that saves lives of bers to hold their fire on some funding issues The Gingrich Republican leaders of this Con- babies, I am pleased, nevertheless, to say that because ``we can always have a rescissions gress have pledged publicly and over-and- I am encouraged by the investments that are bill in January.'' over again, that they will move to reverse now in this renegotiated version of the bill. Each of us recalls the GOP's fiscal year these politically convenient concessions after However, the American people must clearly 1995 rescission bill which threatened the lives the elections if they retain the leadership of understand that these investments are the re- of the most vulnerable citizens by gutting fund- the Congress. sult of the Democrats and the President forc- ing for the same education, human services, Throughout the 104th Congress, I have ing the majority to do what is right for children, employment training, and health programs been appalled at the tactics used by the ex- families, veterans, and seniors. which the GOP is now proposing investments tremist Dole-Gingrich Republican majority, de- Mr. Speaker, it is because we stood hard for today. signed to hold the Federal Government and and fast on our commitment to protect and to The poor children, ailing seniors, hard work- the American people hostage to their extremist improve the quality of life of Americans that ing families, and veterans of this country de- ideological agenda. Last year, in the passage this bill now provides: serve a government that protects its quality of of fiscal year 1996 appropriations bills, the First, $556 million for safe and drug-free life, not jeopardize it. draconian budget cuts proposed by the Re- schools, so that children can have a safe and I ask my colleagues, in good faith, to vote publicans attempted to deliver critical blows to crime-free classroom in which to learn. Over ``yes,'' and to let that vote of ``yes'' also mean children and their families in their education, 40 million students in schools and classrooms that they will not vote to overturn this measure their health, their jobs and their safety; but, the across the country will benefit from this invest- in January. President and the Democrats stood up for the ment. Mrs. COLLINS of Illinois. Mr. Speaker, jingle American people and forced the Dole-Gingrich Second, $7.7 billion is provided for title 1, so bells, jingle bells, jingle all the way? This om- Republicans to add back level funding for that disadvantaged children can have the as- nibus appropriations bill for fiscal year 1997 is many of the programs. sistance they need in basic reading and math. a huge Christmas tree, folks. The truth of the Mr. Speaker, at every turn of fiscal year The $464 million increase will provide an addi- matter is that this huge Christmas tree can 1996 and fiscal year 1997 budget negotiations tional 450,000 disadvantaged children the re- hide a multitude of errors and policy surprises the Dole-Gingrich extremists, simply refused to sources needed to help them to achieve their if we pass it in our hurry to get out of town. carry out their Constitutional responsibilities to highest academic potential. Here we are, being asked to cast a vote on govern fairly and equitably. It has been unbe- Third, $871 million is provided for summer behalf of our constituents on a hastily pre- lievable. Adding insult to injury, they have con- jobs, so that 574,000 youth who need and pared, barely reviewed, and full of who knows tinued the dangerous game of chicken that want to work will have the opportunity to earn what. So, Members will stand up here and de- they have been playing with the lives of senior a little money, and learn good work ethics. bate what little they know about the provisions citizens, workers, small business people and Fourth, $96 million is provided for the of this catch-all bill, and we will vote on it. We all citizens of our country. Healthy Start Program, so that families and will vote to provide appropriations for Defense, On the other hand, we Democrats and the their health care providers will have access to Commerce-Justice-State-Judiciary, Foreign President have stood so firmly in the face of the critical resources they need to reduce in- Operations, Interior, Labor-HHS-Education, extreme budget cuts and radically conserv- fant mortality in poor inner city and rural com- and Treasury-Postal Service-General Govern- ative tactics, that the Dole-Gingrich Repub- munities throughout the country. ment, but we won't know the amounts that licans that control the Congress have been Fifth, $43 million is provided for injury con- these Departments and agencies will receive forced to accept the politically expedient strat- trol and prevention, so that the CDC has the because the final details are still being flushed egy of negotiation in order to create an appro- resources it needs to further reduce the Na- out. Therefore, I cannot support this legisla- priations bill that would make it possible for tion's injury and violence epidemic. tion. the Federal Government to stay open a little Sixth, $12.7 billion, or an increase of $819 This large, end of the year, last minute while longer. Unfortunately, their best efforts million, is provided for biomedical research at spending bill is necessary because, for the are still not good enough for my constituents, the National Institutes of Health. second straight year, in the normal appropria- not good enough for me and not good enough September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12107 for the American people. I oppose this last defer legislative attacks on affirmative action The Large Binocular Telescope [LBT], is the minute run to end this Congress. Mr. Speaker, until the new Congress. last of the first three telescopes authorized by I urge my colleagues to vote against this bill. Instead of acceding to my request to talk, the Arizona-Idaho Conservation Act. The lan- Mr. LAFALCE. Mr. Speaker, the procedure the Republicans had a better plan: Let the guage in Section 335 was quite simple. It stat- we followed on this continuing resolution other body add the anti-minority provisions to ed that the use of Alternative site 2 ``is hereby should outrage every Member of Congress the bipartisan supported small business omni- authorized and approved and shall be deemed and the American public if they but knew. bus bill and then force the House into an up- to be consistent with and permissible under'' I understand that as a Democrat I am a or-down vote on the whole package. That es- the Arizona-Idaho Conservation Act of 1988. member of the minority party. That means that sentially gives the Members an impossible Section 335 was made part of the act to en- the Republicans, as the majority party, have choice between hurting a number of small sure that the Mt. Graham International Ob- the ability to pass legislation to implement business programs they support or eliminating servatory project could proceed to build and their policies. That is the system and I fully a minority program they support. begin operation of the LBT at the earliest pos- support it. Unfortunately for this plan, it required the sible time, without further delays from litigation I am not outraged just because I disagree unanimous consent of all Members of the or other delaying tactics which were employed with Republican policies against minority de- other body, and it did not receive it. in the past and continue to this date. Those in- velopment. I am outraged because no one Did this bring my Republican colleagues to volved in the field of astronomy know that the knows what is in this bill nor who put it here. the negotiating table? It did not. Instead, they LBT is a vital part of the observatory and its If a measure had been debated, supported determined to take advantage of the confusion completion has been delayed far too long by by a majority of members and then offered for which reigns in the closing hours of a Con- those who have sought to stop this important inclusion in this bill, that would have been one gress and try to add the antiminority language project. thing. But it is entirely something else to in- to the voluminous provisions of the continuing As I stated on the floor of the House of clude proposals which have never been scruti- resolution. Representatives when the Omnibus nized. Have they been successful in this attempt? Recissions and Appropriations Act was being The small business legislation which has Apparently yes. The lack of a bill for us to ex- debated, the purpose of section 335 was ``to been appended to this bill is a prime example. amine leads me to believe that the latest strat- clarify, once and for all, that the alternative A small business bill, H.R. 3719, was con- egy has been successful. site for the Large Binocular Telescope falls sidered in the House Small Business Commit- Earlier I had publicly stated that I would within the parameters established by Con- tee, amendments were offered and votes were strongly oppose any small business bill which gress for the Mt. Graham telescopes'' and that taken. It was a free and open process. Then, proposed the repeal of a minority program, passage of this provision would close ``this un- following the usual process, the decisions of even if the result, inter alia, would have been fortunate chapter of the Mt. Graham Observ- the committee were set forth in a full and ex- to close, at least temporarily, an SBA plant atory.'' It embodied the intent of Congress planatory committee report. Finally, the meas- and equipment financing program, the 504 that, hereafter, opponents of the observatory ure was brought before the House under an program, which I authored 16 years ago. And would not be able to contend successfully that open rule and was further amended. I would have done so. alternative site 2 was not covered by AICA's Since that time, the process which has been But now the stakes are much higher. I can- exemptions from otherwise applicable laws. As followed makes a mockery of our legislative not vote to close a large part of the Federal is clear on its face, the purpose of section 335 process. Government and its programs by voting to de- was to change substantive law by amending The other body had earlier marked-up a bill feat this massive appropriations bill. AICA to bring alternative site 2 fully within its related solely to venture capital programs at The Republicans have won this battle, protections. the Small Business Administration. In doing which they would not have if the issue of af- Despite the clarity of section 335, opponents so, they repealed the only viable venture cap- firmative action had been presented to the of the Mt. Graham Observatory challenged the ital program directed to the minority small House for consideration on the merits, rather provision in court, claiming that it was not the business community, the Special Small Busi- than being appended to volumes of other intent of Congress to amend AICA to permit ness Investment Company program or SSBIC measures. the construction of the LBT on alternative site program. I do take this opportunity, however, to ad- 2 and also contending that any such amend- Yes, Mr. Speaker, the other body voted vise my colleagues, that one of the first bills ment was unconstitutional. On June 17, 1996 unanimously for the bill, but did they know that I will introduce upon the convening of the the United States Court of Appeals for the what was in it? I submit they did not. There 105th Congress will be legislation to reverse Ninth Circuit issued a decision rejecting those was no committee report then or now. Instead, the ill-advised action taken today, as I assume claims. The court found that the operative pro- the measure was simply brought up by unani- the appropriations bill will be adopted. I hope vision of the section consisted of ``terms of mous consent and certainly was not debated. that a majority of my returning colleagues and present and future'' effect. The court con- A similar measure has been pending before my new colleagues will join in support of pro- cluded that section 335 ``specifies that the se- the House Committee, on which I am privi- moting the availability of venture capital to lection ofÐalternative site 2Ðfalls within the leged to sit as the ranking minority member. small firms, particularly those owned and oper- authorization of AICA.'' The court also found Neither bill, both of which eliminate an affirma- ated by minorities. that section 335 ``is a change in AICA, which tive action program to encourage the providing Mr. KOLBE. Mr. Speaker, as a member of Congress is entitled to make.'' of venture capital to minority firms, was ever the House Interior Appropriations Subcommit- Clearly, it was the intent of Congress that brought before the House Small Business tee, I wanted to speak about a provision that section 335 of the Omnibus Consolidated Committee for either amendment or approval. was included in the subcommittee's version of Recissions and Appropriations Act of 1996 Why wasn't it brought before the Commit- the fiscal year 1997 Interior Appropriations (Public Law 104±134) effect a permanent tee? I believe the answer is obvious: It could billÐH.R. 3662Ðbut is not incorporated in the change in AICA. Congress wanted to ensure not stand the light of day. Members would fiscal year 1997 omnibus appropriations pack- the prompt construction and operation of the have overwhelmingly voted to strike the age. More specifically, I'm talking about Sec- LBT, by its nature a permanent structure, as antiminority provisions. tion 317 of H.R. 3662. Section 317 authorized a part of the Mt. Graham International Observ- I believe that they would have rejected other and approved the U.S. Forest Service's ap- atory. Unequivocally, the Ninth Circuit Court of provisions which discriminate against smaller proval of alternative site 2 as the location for Appeals decision validated our congressional SBIC's by imposing requirements on them the Large Binocular Telescope atop Mount action. which are not proposed on bigger entities. Graham in southern Arizona. I asked that this Mr. Speaker, as the author of section 335 of How can the Small Business Committee advo- provision be removed from the bill, and I'd like Public Law 104±134, I can state with great cate small business, except when they are in- to explain why. conviction that the courts have interpreted volved in SBA programs? I offered an identical amendment to the Om- congressional intent accurately and succinctly. Mr. Speaker, I offered to sit down and talk nibus Consolidated Recissions and Appropria- Section 335 was intended to effect a perma- about this major problem, repeal of a minority tions Act of 1996. Section 335 of the bill nent change in the Arizona-Idaho Conserva- program. My overtures were repeatedly re- amended Public Law 100±696, the Arizona- tion Act of 1988. Because this amendment to jected. It was deemed essential by my Repub- Idaho Conservation Act of 1988 [AICA] by per- AICA has been accomplished and has been lican colleagues to quietly repeal a minority mitting the use of a location as Alternative Site interpreted by the courts in a way which is venture capital program, while at the same 2 on Emerald Peak on Mt. Graham for the consistent with congressional intent, I do not time they were publicly saying that they would construction of the Large Binocular Telescope. believe any further legislative clarification is H12108 CONGRESSIONAL RECORD — HOUSE September 28, 1996 needed. Therefore, in view of the fact that I want to thank Chairman FRANK WOLF and I'm glad to see the Republican Congress AICA has been amended and need not be Chairman BUD SHUSTER, both of whom agreed with President Clinton this time and re- amended again, it is no longer necessary to worked with to protect the fragile environment alized that he, and the Democrats in Con- include Section 317 of H.R. 3662 in the 1997 and economy of Pacific County. gress, would settle for nothing less in this bill omnibus appropriations bill. This is why I Mr. CALLAHAN. Mr. Speaker, I would like to than increases in education funding, environ- asked Senator GORTON to remove this provi- take a few moments to explain just a few of mental protection, and more resources for law sion from the Senate version of the 1997 Inte- the important highlights found in the 1977 for- enforcement. rior Appropriations bill and why I requested eign operations and export financing appro- But the first versions of this bill were unac- that House Subcommittee Chairman REGULA priations bill contained in the Omnibus Appro- ceptable. And I'm sorry to see that after 2 not include the Mt. Graham measure in any priations bill now before the House. years in the majority, my Republican col- further appropriations bill. Hopefully, Congress First, this bill includes a tremendous Repub- leagues still don't understand what the Amer- will not have any further need to clarify its in- lican accomplishmentÐthe creation of a new ican people want. I'm sorry to see that, after tent regarding the Mt. Graham International $600 million child survival and disease preven- 2 years in charge of Congress, the thing the Observatory project. tion account. Each year millions of innocent Republicans are proudest of, their greatest ac- Mr. DIAZ-BALART. Mr. Speaker, I rise in children die from indiscriminate diseases. In complishment, is an empty ice bucket. support of the economic development project most cases these deaths can be prevented. And the reason that ice bucket is empty, Mr. planned in Florida for the Homestead Motor- The establishment of this new account is a Speaker, is because its contents were trans- sports Complex. The international motorsports major step toward that goal. It also reflects the fused into their veins just before they voted museum and tourist attraction will be a major, powerful commitment of this Congress to the against school lunches and MedicareÐall to eradication of infectious diseaseÐincluding year-round economic development engine pay for tax cuts for the very very rich. which will go a long way toward revitalizing that cruel crippler of young children, polioÐas But, Mr. Speaker, that is not what the Amer- the Homestead and South Dade communities. well as the immunization of children every- ican people care about. The American people where. The museum and tourist attraction will bring in don't really care about tax breaks for the very If there is a disappointment, it is that some more than half a million tourists per year and rich. The American people don't really care generate more than 100 jobs in a wide variety in the executive branch have opposed our ef- fort to focus on children and infectious dis- about who sits where on Air Force One and of areas. they certainly don't want the House Repub- The project is also a true public-private part- eases. I think it is time for administration bu- reaucrats to stop carping and to get on with licans to cut their parents' Medicare to pay for nership, with the private sector committed to tax breaks for the rich. contributing one-third of the development this critical program. We also stood up to the administration on The American people want their children to costs, state and local governments another get a good education and be able to pay for third and the Federal Government the remain- another extremely important issue affecting children. We firmly rejected the President's college. The American people want stable jobs ing third. that earn living wages. The American people Mr. Speaker, in light of the economic dis- proposed cut in funding for the United Nation's children fund [UNICEF]. This is exactly the want their environment protected, not sold to tress which continues to plague Homestead the highest bidder. And the American people and South Dade and the strong economic de- kind of foreign aid that really works and, not surprisingly, that the American people strongly want their Government to stay open. velopment potential of the proposed motor- Lucky for the American people, the Demo- sports museum, I strongly believe that this support. Second, this bill continues to protect tax- crats in Congress listen to what they want. project deserves grant support from EDA in payer dollars. As important as some of these House Democrats have fought tooth and nail fiscal year 1997. activities are, foreign aid should not grow at over the last 2 years to stop the bad ideasÐ Mr. Speaker, I look forward to working with the expense of domestic programs. We have to stop the ideas that can't pass the ice bucket the chairman of the Subcommittee on Com- provided a balanced mix of humanitarian aid, test. And, Mr. Speaker, I think we've been merce, Justice, and State Appropriations in export promotion, full funding for the fight pretty successful. the 105th Congress to advance this promising against narcotics, and continued support for Today's continuing resolution is the last ex- initiative. Mrs. SMITH of Washington. Mr. Speaker, I long-term development. ample of that fight. We started out with a bill Finally, I want to thank the congressional rise in support of the Omnibus Appropriations that didn't provide enough funding for the pro- leadership and the President's Chief of Staff Act. Within this massive bill is a small provi- grams Americans care about like education, for negotiating the difficult problem of inter- sion that is of utmost importance to the people crime prevention, and environmental protec- national family planning and abortion. None of tion. And we fought until the bill got better. of Pacific County in my district. us are perfectly happy with the result. None- Along the southwest coast of Washington Mr. LAZIO of New York. Mr. Speaker, I rise theless, it does seem to represent a fair out- State, Highway 105 in Pacific County has in support of title II of the fiscal year 1997 Om- come, one which reflects this bill's strong em- eroded away under pressure from the wave nibus Appropriations Act of 1997. Aside from phasis on protecting children. The Speaker, action in Willapa Bay. The Highway is under the important resolution of the BIF/SAIF issue, the majority leader, their staffs and mineÐall imminent threat of being washed awayÐit this title includes important bank regulatory re- deserve credit for spending hours in the mid- could be breached at any time. lief provisions. I would like to commend the dle of last night doing their utmost to protect I am pleased to report that this bill makes stamina of our chairman, JIM LEACH for push- mothers and infants from attempts by some to Highway 105 eligible for emergency funds so ing these important provisions. The Banking use Federal family planning in conjunction with that action can be taken before the road Committee and the White House came to an private funding of abortion. washes away. This legislation will give the agreement at 5:00 yesterday morning to in- I would also like to close with a well-de- clude provisions related to the Real Estate Federal Highway Administration the flexibility served ``thank you'' to all the members of my they need to ensure that the road does not Settlement Procedures Act of 1974. subcommittee. Each and every one of them Inclusion of these provisions begins the breach. directly contributed to this very bipartisan ef- This is commonsense legislation. If the road process whereby Congress, consumer advo- fort. I appreciate it very much and look forward cates and the settlement services industry can breaches it would cost the Federal Govern- to working together with all of you again next serve a public policy purpose rationally: first, ment $30 million to repair the road. We would year. also have about a $82 million hit to the econ- Mr. Speaker, I urge support of the con- the provisions protect and guarantee the rights omy, particularly to small cranberry growers ference agreement. of the consumer from illegal steering and other who would lose their soil forever if the ocean Mr. MOAKLEY. Mr. Speaker, I want to begin unethical practices, and second, the provisions overruns the road. It would also impact a by congratulating Senator JOHN KERRY for se- provide the necessary regulatory relief that al- small Indian reservation that has a high infant curing an additional $35 million for the Boston lows the flexibility to expand homeownership mortality rate. Harbor cleanup despite overwhelming hurdles. with innovative marketing, employee incen- This legislation ends a long process for the Senator KERRY and President Clinton man- tives and product delivery. hard-working people of places like Tokeland, aged to convince the Republican Congress I believe that all Members involved in this Grayland, North Cove, and Willapa. These that the Boston Harbor cleanup, the biggest process would agree that RESPA, although people need the certainty that the road will not unfunded mandate in this country, cannot be well-intentioned and practical in the 1970's, is be washed out and that private property and borne by the Massachusetts ratepayers alone. outdated in the 1990's. The act does not rec- cranberry bogs will not be destroyed. The ac- Mr. Speaker, I'm glad to see the Republican ognize technology nor provide flexibility to tion that will take place as a result of this pro- Congress is getting closer to coming around to meet the challenges of the rapidly evolving posal will give them this certainty. our way of thinking. settlement service industry of the 21st century. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12109 Congress enacted sec. 8 of RESPA in 1974 tive guidance to keep in place the 1992 Bush- property tax credit, a 97 percent sales tax re- because of concerns that millions of home- Kemp regulation, upon which the settlement fund on machinery, equipment and building buyers, who spend millions of dollars on re- service industry has relied for the past 4 materials; and a 100 percent reimbursement quired settlement services, such as title insur- years. In my view, Congress has already spo- of impact fees. Clearly these advantages will ance and appraisals, would be steered to par- ken on these issues, and HUD correctly inter- create unfair competition with the current, es- ticular settlement providers if a person in a po- preted congressional intent in its 1992 regula- tablished Miami Free Zone. sition to refer settlement services received a tion. However, given HUD's possible misinter- Further, these business disadvantages have payment on a thing of value in exchange for pretation or stretch of congressional intent, resulted in the necessity of the Free Zone tak- a referral of those settlement services. Thus, we, Congress, will need further time to review ing out $23 million in loans to provide a com- RESPA was intended to keep the cost of set- and provide, once again, clear and explicit petitive environment which will continue to at- tlement services down by prohibiting fees for guidance. tract foreign business to the more expensive mere referrals of settlement business. Quite simply, HUD without congressional property. It is the debt service on these nec- Since the 1970's, however, similar to other oversight, will insist that Government regula- essary loans which is now causing the Free industries, the settlement service sector has tions prohibit direct employee compensation or Zone to lose money with disastrous economic been consolidating in order to maximize its ef- incentives through affiliated businesses at a consequences for south Florida. Given the ficiencies. These consolidations provide a new cost to homebuyers. HUD's actions suggest complexity of this problem, I am convinced phenomena where ``one-stop shopping'' pro- that it believes that all or most real estate that congressional assistance is necessary in vides affordable, simplified and accessible set- agents contrive against potential buyers. I will order to maintain current Free Zone oper- tlement services to consumers. Let's look at remind HUD that under a free market, the pri- ations in a secure, compliant environment. computers for example: in 1974 when RESPA mary goal of any proprietor, including lenders I believe the current burden on the Miami became law, no one had access to computers; and real estate agents, is to get the buyer and Free Zone could be lessened in several ways now, under the innovations of the industry, seller through settlement, inexpensively and which would be fair to all parties involved and consumers have access to numerous national expeditiously, so commissions can be paid with no actual cost to the Federal Govern- lenders and settlement service providers and that, ultimately, the buyer will return to ment. A Federal guarantee through the Small through the electronic media. them in the future when they sell or buy an- Business Administration Loan program for the In 1992, the Bush-Kemp administration rec- other home. Thus, through the market itself, Free Zone's $23 million in loans, or a large ognized these changes in the settlement serv- free competition will provide the premium piece of it, would lessen the debt burden ices industry and issued new and final regula- consumer protection. through lower interest. This could be done at tions. These regulations, among other things, I am confident that the delay in implement- no real cost to the Federal Government. It is allowed for computer loan originations and the ing the June 7 regulation will allow Congress therefore my desire that the Small Business ability of an employer to pay employees incen- to return to this issue with a more comprehen- Administration work with the subcommittee to tives for generating and referring business to sive approach, which could include a possible support a loan guarantee. The Miami Free affiliated companies. complete rewrite of RESPA. Zone, technically a small business, has been Under the Clinton administration, however, However, until then, HUD's antifree-market a driving force in south Florida's emergence HUD, beginning in 1994 and culminating in approach and patronizing demeanor with con- as a global trade center since the late 1970's final regulations on June 7, 1996, sought to sumers only precludes a wider, more cost-ef- and is an important focal point for the genera- reverse these regulations and ultimately re- fective and innovative approach to the avail- tion of new small- to medium-sized businesses verse marketplace innovations. HUD wants to ability of settlement services. and the creation of new jobs in South Florida. prohibit employers from compensating their Let's remember the people we are here to This is a case that cries out for special assist- own employees for marketing the products serve. ance; and I, therefore, urge your support to and services of affiliated companies that pro- Mr. DIAZ-BALART. Mr. Speaker, I rise in examine and help resolve this issue. Thank vide real estate settlement services. This support of the Miami Free Zone and to en- you. means that multi-affiliate companies will not be courage the House Appropriations Subcommit- The SPEAKER pro tempore (Mr. able to compensate the employees of various tee on Commerce, Justice, State and the Judi- DREIER). Without objection, the pre- subsidiary corporations to market settlement ciary to look favorably upon the Free Zone vious question is ordered on the con- service products. Congress, in my view, never next Congress. ference report. intended RESPA to regulate how employers The Free Zone processes an average of There was no objection. paid their employees. Thus, HUD's interpreta- $1.35 billion in merchandise each year and MOTION TO RECOMMIT OFFERED BY MR. tion of the RESPA statute as expressed in its employs directly 70 people. Its over 140 ten- COLEMAN June 7 regulation goes far beyond congres- ants generate employment for an additional Mr. COLEMAN. Mr. Speaker, I offer a sional intent. 1,400 at the facility, and additional Miami em- motion to recommit the conference re- Because of the input by the settlement serv- ployment, as a result of the Free Zone's activi- port accompanying H.R. 3610. ices industry, however, HUD recognized the ties, is estimated to be 2,150. In order to sup- The SPEAKER pro tempore. Is the technical difficulties associated with the port this enterprise, the Miami Free Zone must gentleman opposed to the conference sweeping nature of their rule, and just this maintain extensive 24-hour security for its report? week, published an announcement indicating 860,000 square feet of warehousing, show- Mr. COLEMAN. I am, Mr. Speaker. The SPEAKER pro tempore. The its intent to issue a technical correction to their room and office space. This security costs Clerk will report the motion to recom- June 7th RESPA regulation. These corrections over $500,000 per year in addition to $800,000 in yearly property tax. The Free mit. will include one of the most basic concernsÐ The Clerk read as follows: the ability to package settlement service prod- Zone must pay these taxes even though the Mr. COLEMAN moves to recommit the con- ucts and will allow lender to package loan U.S. Customs Service is a tenant on the prop- ference report to accompany the bill, H.R. products. erty. 3610, to the committee of conference. These costs are putting the Free Zone at a These corrections, however, do not go far The SPEAKER pro tempore. Without considerable competitive disadvantage over enough, nor are they consistent with the full objection, the previous question is or- privately owned bonded warehouse operations spirit and intent of Congress on this issue. dered on the motion to recommit. Therefore, section 2103 of this bill includes an throughout the State which offer the same ad- There was no objection. important provision, which delays the effective vantages to foreign distributors without the se- The SPEAKER pro tempore. The date to July 31, 1997 of HUD regulations rel- curity and strict, on-site customs regulations question is on the motion to recommit. evant on employee compensation to bona fide under which the Free Zone must operate. The The motion to recommit was re- employees. This extension will provide HUD result is a loss of control for U.S. Customs jected. more opportunity to refine and review its June and security as well as a loss of economic The SPEAKER pro tempore. The 7th regulation, which, in its current form, would benefits generated by the Miami Free Zone. question is on the conference report. thwart marketplace innovations. Second, the Exacerbating this scenario are foreign trade Pursuant to clause 7 of rule XV, the provision will simplify disclosure requirements zones which have been recently approved in yeas and nays are ordered. for referrals through technology. the federally designated Enterprise Zone area The vote was taken by electronic de- While I believe that HUD's interpretation of of south DadeÐonly 10 miles from the current vice, and there were—yeas 370, nays 37, RESPA is narrower than Congress' intent, I Miami Free Zone. The advantages of the En- answered ‘‘present’’ 1, not voting 26, as understand that HUD believes it needs legisla- terprise Zone designation include a 96 percent follows: H12110 CONGRESSIONAL RECORD — HOUSE September 28, 1996 [Roll No. 455] Ros-Lehtinen Smith (WA) Velazquez health professions and minority and dis- Rose Solomon Vento advantaged health education programs, and YEAS—370 Roth Souder Visclosky for other purposes. Roukema Spence Volkmer Abercrombie Evans Levin Royce Spratt Vucanovich S. 1194. An act to promote the research, Ackerman Everett Lewis (CA) Rush Stark Walker identification, assessment, and exploration Allard Ewing Lewis (GA) Sabo Stenholm Walsh of marine mineral resources, and for other Andrews Farr Lewis (KY) Sanders Stokes Wamp purposes. Archer Fattah Lightfoot Sawyer Studds Ward Armey Fawell Linder S. 1649. An act to extend contracts between Saxton Stump Watt (NC) Bachus Fazio Livingston the Bureau of Reclamation and irrigation Schaefer Stupak Watts (OK) Baesler Fields (LA) LoBiondo districts in Kansas and Nebraska, and for Schiff Talent Weldon (FL) Baker (CA) Fields (TX) Lofgren Schumer Tanner Weldon (PA) other purposes. Baldacci Flanagan Longley Scott Tate Weller S. 1711. An act to amend title 38, United Ballenger Foglietta Lowey Seastrand Tauzin White States Code, to improve the benefits pro- Barr Foley Lucas Serrano Taylor (MS) Whitfield grams administered by the Secretary of Vet- Barrett (NE) Forbes Luther Shadegg Tejeda Wicker erans Affairs, to provide for a study of the Barrett (WI) Ford Maloney Shaw Thomas Williams Bartlett Fox Manton Federal programs for veterans, and for other Shays Thompson Wilson purposes. Bass Franks (CT) Manzullo Shuster Thornberry Wise Bateman Franks (NJ) Markey Sisisky Thornton Wolf S. 1874. An act to amend sections of the De- Bentsen Frelinghuysen Martinez Skaggs Thurman Woolsey partment of Energy Organization Act that Bereuter Frisa Martini Skeen Torkildsen Wynn are obsolete or inconsistent with other stat- Bevill Frost Mascara Skelton Torres Yates utes and to repeal a related section of the Bilbray Funderburk Matsui Slaughter Torricelli Young (AK) Federal Energy Administration Act of 1974. Bilirakis Furse McCarthy Smith (MI) Towns Young (FL) Bishop Gallegly McCollum Smith (NJ) Traficant Zeliff f Bliley Ganske McCrery Smith (TX) Upton Zimmer Blute Gejdenson McDade Boehlert Gekas McDermott NAYS—37 APPOINTING DAY FOR CONVENING Boehner Gephardt McHale Barcia Duncan Neumann FIRST SESSION OF 105TH CON- Bonilla Geren McHugh Barton Hall (TX) Rohrabacher GRESS AND COUNTING 1996 ELEC- Bonior Gibbons McInnis Becerra Hefley Roybal-Allard TORAL VOTES Bono Gilchrest McIntosh Beilenson Hoekstra Salmon Borski Gillmor McKeon Burr Hyde Sanford Mr. ARMEY. Mr. Speaker, I offer a Brewster Gilman McKinney Chabot Istook Scarborough joint resolution (H.J. Res. 198) appoint- Browder Gingrich McNulty Chenoweth Jacobs Schroeder ing the day for the convening of the Brown (CA) Gonzalez Meehan Coble Kanjorski Sensenbrenner Brown (FL) Goodlatte Meek Coburn Kaptur Stearns first session of the 105th Congress and Brown (OH) Goodling Metcalf Coleman Klink Stockman the day for the counting in Congress of Brownback Gordon Meyers Cooley Klug Tiahrt the electoral votes for President and Bryant (TN) Goss Mica Cox Largent Bryant (TX) Graham Millender- DeFazio Nadler Vice President cast in December 1996, Bunn Greene (UT) McDonald and I ask unanimous consent for its Bunning Greenwood Miller (CA) ANSWERED ‘‘PRESENT’’—1 immediate consideration. Burton Gunderson Miller (FL) Dornan Buyer Gutierrez Minge The Clerk read the title of the joint Callahan Gutknecht Mink NOT VOTING—26 resolution. Calvert Hall (OH) Moakley Baker (LA) Filner Lincoln The SPEAKER. Is there objection to Camp Hamilton Molinari Berman Flake Lipinski Campbell Hansen Mollohan the request of the gentleman from Blumenauer Fowler Menendez Canady Harman Montgomery Texas? Boucher Frank (MA) Myers Castle Hastert Moorhead Cardin Green (TX) Quillen There was no objection. Chambliss Hastings (FL) Moran Collins (MI) Hancock Taylor (NC) The Clerk read the joint resolution, Chapman Hastings (WA) Morella Conyers Hayes Waters Christensen Hayworth Murtha as follows: Dellums Heineman Waxman Chrysler Hefner Myrick Durbin LaFalce H.J. RES. 198 Clay Herger Neal Clayton Hilleary Nethercutt b 2215 Resolved by the Senate and House of Rep- Clement Hilliard Ney resentatives of the United States of America in Clinger Hinchey Norwood The Clerk announced the following Congress assembled, Clyburn Hobson Nussle pair: SECTION 1. DATE FOR CONVENING OF THE ONE Collins (GA) Hoke Oberstar On this vote: HUNDRED FIFTH CONGRESS. Collins (IL) Holden Obey The first regular session of One Hundred Combest Horn Olver Mr. Berman for, with Mr. Menendez Condit Hostettler Ortiz against. Fifth Congress shall begin at noon of Tues- Costello Houghton Orton Mr. SENSENBRENNER and Mr. day, January 7, 1997. Coyne Hoyer Owens BEILENSON changed their vote from SEC. 2. DATE FOR COUNTING 1996 ELECTORAL Cramer Hunter Oxley VOTES IN CONGRESS. Crane Hutchinson Packard ‘‘yea’’ to ‘‘nay.’’ The meeting of the Senate and House of Crapo Inglis Pallone Mr. SERRANO changed his vote from Representatives to be held in January 1997 Cremeans Jackson (IL) Parker ‘‘nay’’ to ‘‘yea.’’ Cubin Jackson-Lee Pastor pursuant to section 15 of title 3, United Cummings (TX) Paxon So the conference report was agreed States Code, to count the electoral votes for Cunningham Jefferson Payne (NJ) to. President and Vice President cast by the Danner Johnson (CT) Payne (VA) The result of the vote was announced electors in December 1996 shall be held on Davis Johnson (SD) Pelosi as above recorded. January 9, 1997 (rather than on the date spec- de la Garza Johnson, E. B. Peterson (FL) ified in the first sentence of that section). Deal Johnson, Sam Peterson (MN) A motion to reconsider was laid on DeLauro Johnston Petri the table. The joint resolution was ordered to DeLay Jones Pickett The SPEAKER. Pursuant to House be engrossed and read a third time, was Deutsch Kasich Pombo Resolution 546, H.R. 4278 is considered read the third time, and passed, and a Diaz-Balart Kelly Pomeroy Dickey Kennedy (MA) Porter as passed and the motion to reconsider motion to reconsider was laid on the Dicks Kennedy (RI) Portman is laid on the table. table. Dingell Kennelly Poshard f Dixon Kildee Pryce f Doggett Kim Quinn FURTHER MESSAGE FROM THE Dooley King Radanovich SENATE PROVIDING FOR ADJOURNMENT Doolittle Kingston Rahall SINE DIE OF BOTH HOUSES OF Doyle Kleczka Ramstad A further message from the Senate Dreier Knollenberg Rangel by Ms. McDevitt, one of its clerks, an- CONGRESS Dunn Kolbe Reed Edwards LaHood Regula nounced that the Senate had passed Mr. ARMEY. Mr. Speaker, I offer a Ehlers Lantos Richardson bills of the following titles in which privileged concurrent resolution (H. Ehrlich Latham Riggs the concurrence of the House is re- Con. Res. 230) and ask for its imme- Engel LaTourette Rivers quested: diate consideration. English Laughlin Roberts Ensign Lazio Roemer S. 555. An act to amend the Public Health The Clerk read the concurrent reso- Eshoo Leach Rogers Service Act to consolidate and reauthorize lution, as follows: September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12111 H. CON. RES. 230 thereto, and concur in the Senate Sec. 345. Disbursement agreements relating to Resolved by the House of Representatives (the amendments. medical residents and interns. Senate concurring), That when the House ad- The Clerk read the title of the bill. Sec. 346. Authority to suspend special pay journs on the legislative day of Monday, Sep- The Clerk read the Senate amend- agreements for physicians and dentists who enter residency tember 30, 1996, or of Tuesday, October 1, ments, as follows: 1996, on a motion offered pursuant to this training programs. Senate amendments: concurrent resolution by the Majority Lead- Sec. 347. Remunerated outside professional ac- er, or his designee, it stand adjourned sine Strike out all after the enacting clause tivities by Veterans Health Ad- die, or until noon on the second day after and insert: ministration personnel. Members are notified to reassemble pursuant SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 348. Modification of restrictions on real to section 2 of this concurrent resolution, (a) SHORT TITLE.—This Act may be cited as property, Milwaukee County, and that when the Senate adjourns on Mon- the ‘‘Veterans’ Health Care Eligibility Reform Wisconsin. day, September 30, 1996, or Tuesday, October Act of 1996’’. Sec. 349. Modification of restrictions on real 1, 1996, on a motion offered pursuant to this (b) TABLE OF CONTENTS.—The table of con- property, Cheyenne, Wyoming. concurrent resolution by the Majority Lead- tents of this Act is as follows: Sec. 350. Name of Department of Veterans Af- fairs Medical Center, Johnson er, or his designee, it stand adjourned sine Sec. 1. Short title; table of contents. die, or until noon on the second day after Sec. 2. References to title 38, United States City, Tennessee. Sec. 351. Report on health care needs of veter- Members are notified to reassemble pursuant Code. to section 2 of this concurrent resolution. ans in east central Florida. TITLE I—ELIGIBILITY REFORM Sec. 352. Evaluation of health status of spouses SEC. 2. The Speaker of the House and the Sec. 101. Eligibility for hospital care and medi- Majority Leader of the Senate, acting jointly and children of Persian Gulf War cal services. after consultation with the Minority Leader veterans. Sec. 102. Revision in authorities for provision of of the House and the Minority Leader of the SEC. 2. REFERENCES TO TITLE 38, UNITED priority health care for certain Senate, shall notify the Members of the STATES CODE. veterans exposed to specified toxic House and Senate, respectively, to reassem- Except as otherwise expressly provided, when- substances. ever in this Act an amendment or repeal is ex- ble whenever, in their opinion, the public in- Sec. 103. Prosthetics and preventive care. terest shall warrant it. pressed in terms of an amendment to or repeal of Sec. 104. Management of health care. a section or other provision, the reference shall The concurrent resolution was con- Sec. 105. Authorization of appropriations. be considered to be made to a section or other curred in. Sec. 106. Assessment of implementation and op- provision of title 38, United States Code. eration. A motion to reconsider was laid on TITLE I—ELIGIBILITY REFORM the table. TITLE II—CONSTRUCTION AUTHORIZATION SEC. 101. ELIGIBILITY FOR HOSPITAL CARE AND f MEDICAL SERVICES. Sec. 201. Authorization of major medical facil- (a) NEW CRITERIA FOR ELIGIBILITY FOR ADJOURNMENT TO MONDAY, ity projects. CARE.—Section 1710(a) is amended to read as Sec. 202. Authorization of major medical facil- SEPTEMBER 30, 1996 follows: ity leases. ‘‘(a)(1) The Secretary (subject to paragraph Mr. ARMEY. Mr. Speaker, I ask Sec. 203. Authorization of appropriations. (4)) shall furnish hospital care and medical unanimous consent that when the Sec. 204. Strategic planning. House adjourns today, it adjourn to Sec. 205. Revision to prospectus requirements. services, and may furnish nursing home care, Sec. 206. Construction authorization require- which the Secretary determines to be needed— meet at 2 p.m. on Monday next. ‘‘(A) to any veteran for a service-connected The SPEAKER. Is there objection to ments. Sec. 207. Terminology changes. disability; and the request of the gentleman from ‘‘(B) to any veteran who has a service-con- Texas? TITLE III—HEALTH CARE AND nected disability rated at 50 percent or more. There was no objection. ADMINISTRATION ‘‘(2) The Secretary (subject to paragraph (4)) Subtitle A—Health Care Sharing and f shall furnish hospital care and medical services, Administration and may furnish nursing home care, which the DESIGNATION OF THE HONORABLE Sec. 301. Revision of authority to share medical Secretary determines to be needed to any vet- CONSTANCE A. MORELLA OR THE facilities, equipment, and infor- eran— HONORABLE FRANK R. WOLF TO mation. ‘‘(A) who has a compensable service-con- ACT AS SPEAKER PRO TEMPORE Sec. 302. Improved efficiency in health care re- nected disability rated less than 50 percent; source management. ‘‘(B) whose discharge or release from active TO SIGN ENROLLED BILLS AND Sec. 303. Personnel furnishing shared resources. military, naval, or air service was for a compen- JOINT RESOLUTIONS FOR RE- Sec. 304. Waiting period for administrative reor- sable disability that was incurred or aggravated MAINDER OF SECOND SESSION ganizations. in the line of duty; OF 104TH CONGRESS Sec. 305. Repeal of limitations on contracts for ‘‘(C) who is in receipt of, or who, but for a The SPEAKER laid before the House conversion of performance of ac- suspension pursuant to section 1151 of this title tivities of Department health-care (or both a suspension and the receipt of retired the following communication: facilities and revised annual re- pay), would be entitled to disability compensa- WASHINGTON, DC, porting requirement. tion, but only to the extent that such veteran’s September 28, 1996. Subtitle B—Care of Women Veterans continuing eligibility for such care is provided I hereby designate the Honorable Con- Sec. 321. Mammography quality standards. for in the judgment or settlement provided for in stance A. Morella or, if not available to per- Sec. 322. Patient privacy for women patients. such section; form this duty, the Honorable Frank R. Wolf Sec. 323. Assessment of use by women veterans ‘‘(D) who is a former prisoner of war; to act as Speaker pro tempore to sign en- of Department health services. ‘‘(E) who is a veteran of the Mexican border rolled bills and joint resolutions for the re- Sec. 324. Reporting requirements. period or of World War I; mainder of the second session of the One ‘‘(F) who was exposed to a toxic substance, Subtitle C—Readjustment Counseling and Hundred Fourth Congress. radiation, or environmental hazard, as provided Mental Health Care NEWT GINGRICH, in subsection (e); or Speaker of the House of Representatives. Sec. 331. Expansion of eligibility for readjust- ‘‘(G) who is unable to defray the expenses of The SPEAKER pro tempore (Mr. ment counseling and certain relat- necessary care as determined under section ed counseling services. 1722(a) of this title. HANSEN). Without objection, the des- Sec. 332. Reports relating to Vet Centers. ignation is agreed to. ‘‘(3) In the case of a veteran who is not de- Sec. 333. Advisory Committee on the Readjust- scribed in paragraphs (1) and (2), the Secretary There was no objection. ment of Veterans. may, to the extent resources and facilities are f Sec. 334. Centers for mental illness research, available and subject to the provisions of sub- education, and clinical activities. sections (f) and (g), furnish hospital care, medi- VETERANS’ HEALTH CARE Sec. 335. Committee on Care of Severely Chron- cal services, and nursing home care which the ELIGIBILITY REFORM ACT OF 1996 ically Mentally Ill Veterans. Secretary determines to be needed. Mr. STUMP. Mr. Speaker, I ask Subtitle D—Other Provisions ‘‘(4) The requirement in paragraphs (1) and unanimous consent to take from the Sec. 341. Hospice care study. (2) that the Secretary furnish hospital care and Speaker’s table the bill (H.R. 3118) to Sec. 342. Payment to States of per diem for vet- medical services shall be effective in any fiscal erans receiving adult day health year only to the extent and in the amount pro- amend title 38, United States Code, to care. vided in advance in appropriations Acts for reform eligibility for health care pro- Sec. 343. Research corporations. such purposes.’’. vided by the Department of Veterans Sec. 344. Veterans Health Administration head- (b) TRANSFER OF PROVISION.—Chapter 17 is Affairs, with Senate amendments quarters. amended— H12112 CONGRESSIONAL RECORD — HOUSE September 28, 1996 (1) by redesignating subsection (g) of section thereof ‘‘paragraph (1), (2), or (3) of section ance with section 2 of the Agent Orange Act of 1710 as subsection (h); and 1710(a)’’; and 1991, has determined that there is limited or sug- (2) by transferring subsection (f) of section (B) by striking out paragraph (3). gestive evidence of the lack of a positive associa- 1712 to section 1710 and inserting such sub- (9) Section 1722 is amended— tion between occurrence of the disease in hu- section so as to appear after subsection (f), re- (A) in subsection (a), by striking out ‘‘section mans and exposure to a herbicide agent. designating such subsection as subsection (g), 1710(a)(1)(I)’’ and inserting in lieu thereof ‘‘sec- ‘‘(B) In the case of a veteran described in and amending such subsection by striking out tion 1710(a)(2)(G)’’; and paragraph (1)(C), hospital care, medical serv- ‘‘section 1710(a)(2) of this title’’ in paragraph (1) (B) in subsection (f)(3), by striking out ‘‘or ices, and nursing home care may not be pro- and inserting in lieu thereof ‘‘subsection (a)(3) 1712(f)’’. vided under subsection (a)(2)(F) with respect to of this section’’. (10) Section 1729(g)(3)(A) is amended by strik- a disability that is found, in accordance with (c) REPEAL OF SEPARATE OUTPATIENT CARE ing out ‘‘under section 1710(f) of this title for guidelines issued by the Under Secretary for PRIORITIES.—(1) Section 1712 is amended— hospital care or nursing home care, under sec- Health, to have resulted from a cause other (A) by striking out subsections (a) and (i); tion 1712(f) of this title for medical services,’’ than an exposure described in that paragraph. (B) by redesignating subsections (b), (c), (d), and inserting in lieu thereof ‘‘under subsection ‘‘(3) Hospital care, medical services, and nurs- (h) and (j), as subsections (a), (b), (c), (d), and (f) or (g) of section 1710 of this title for hospital ing home care may not be provided under or by (e), respectively; and care, medical services, or nursing home care’’. virtue of subsection (a)(2)(F)— (C) in subsection (b), as so redesignated, by (e) OTHER CONFORMING AND TECHNICAL ‘‘(A) in the case of care for a veteran de- striking out ‘‘subsection (b) of this section’’ and AMENDMENTS.— scribed in paragraph (1)(A), after December 31, inserting in lieu thereof ‘‘subsection (a)’’. (1) Section 1525 is amended— 2002; and (2)(A) The heading of such section is amended (A) in subsection (a), by striking out ‘‘section ‘‘(B) in the case of care for a veteran de- to read as follows: 1712(h) of this title’’ and all that follows scribed in paragraph (1)(C), after December 31, 1998. ‘‘§ 1712. Dental care; drugs and medicines for through the period at the end and inserting in ‘‘(4) For purposes of this subsection— certain disabled veterans; vaccines’’. lieu thereof ‘‘section 1712(d) of this title.’’; and (B) in subsection (b), by striking out ‘‘re- ‘‘(A) The term ‘Vietnam-era herbicide-exposed (B) The item relating to such section in the numeration’’ and inserting in lieu thereof ‘‘re- veteran’ means a veteran (i) who served on ac- table of sections at the beginning of chapter 17 muneration’’. tive duty in the Republic of Vietnam during the is amended to read as follows: (2) Section 2104(b) is amended— Vietnam era, and (ii) who the Secretary finds ‘‘1712. Dental care; drugs and medicines for cer- (A) in the first sentence, by striking out ‘‘sec- may have been exposed during such service to tain disabled veterans; vaccines.’’. tion 1712(a)’’ and inserting in lieu thereof ‘‘sec- dioxin or was exposed during such service to a (d) CONFORMING AMENDMENTS TO CHAPTER tion 1717(a)(2)’’; and toxic substance found in a herbicide or defoliant 17.—Chapter 17 is further amended as follows: (B) in the second sentence, by striking out used for military purposes during such era. (1) Section 1701(6)(B)(i) is amended— ‘‘section 1712(a)’’ and inserting in lieu thereof ‘‘(B) The term ‘radiation-exposed veteran’ has (A) in subclause (I), by striking out ‘‘section ‘‘section 1717(a)(2)’’. the meaning given that term in section 1112(c)(3) 1712(a)’’ and inserting in lieu thereof ‘‘para- (3) Section 5317(c)(3) is amended by striking of this title.’’. graph (1) or (2) of section 1710(a)’’; and out ‘‘sections 1710(a)(1)(I), 1710(a)(2), 1710(b), (b) SAVINGS PROVISIONS.—The provisions of (B) in subclause (II), by striking out ‘‘section and 1712(a)(2)(B)’’ and inserting in lieu thereof sections 1710(e) and 1712(a) of title 38, United 1712(a)(5)(B)’’ and inserting in lieu thereof ‘‘subsections (a)(2)(G), (a)(3), and (b) of section States Code, as in effect on the day before the ‘‘paragraph (1), (2) or (3) of section 1710(a)’’. 1710’’. date of the enactment of this Act, shall continue (2) Section 1710(c)(1) is amended by striking (4) Section 8110(a)(2) is amended by striking to apply on and after such date with respect to out ‘‘section 1712(b)’’ and inserting in lieu out ‘‘section 1712’’ and inserting in lieu thereof the furnishing of hospital care, nursing home thereof ‘‘section 1712(a)’’. ‘‘section 1710(a)’’. care, and medical services for any veteran who (3) Section 1710(e)(1)(C) is amended by strik- (5) Section 8111A(b)(2)(A) is amended by strik- was furnished such care or services before such ing out ‘‘hospital care and nursing home care ing out ‘‘subsection (f) of section 1712’’ and in- date of enactment on the basis of presumed ex- under subsection (a)(1)(G) of this section’’ and serting in lieu thereof ‘‘subsection (a) of section posure to a substance or radiation under the au- inserting in lieu thereof ‘‘hospital care, medical 1710’’. thority of those provisions, but only for treat- ment for a disability for which such care or services, and nursing home care under sub- SEC. 102. REVISION IN AUTHORITIES FOR PROVI- section (a)(2)(F)’’. SION OF PRIORITY HEALTH CARE services were furnished before such date. (4) Section 1710(f) is amended— FOR CERTAIN VETERANS EXPOSED SEC. 103. PROSTHETICS AND PREVENTIVE CARE. (A) in paragraph (1), by striking out ‘‘sub- TO SPECIFIED TOXIC SUBSTANCES. (a) ELIGIBILITY.—Section 1701(6)(A)(i) is section (a)(2)’’ and inserting in lieu thereof (a) AUTHORIZED INPATIENT CARE.—Section amended— ‘‘subsection (a)(3)’’; and 1710(e) is amended— (1) by striking out ‘‘(in the case of a person (B) in paragraph (3)(E)— (1) in paragraph (1), by striking out subpara- otherwise receiving care or services under this (i) by striking out ‘‘section 1712(a) of this graphs (A) and (B) and inserting in lieu thereof chapter)’’ and ‘‘(except under the conditions de- title’’ and inserting in lieu thereof ‘‘paragraph the following: scribed in section 1712(a)(5)(A) of this title),’’; (3) of subsection (a)’’; and ‘‘(A) A Vietnam-era herbicide-exposed veteran (2) by inserting ‘‘(in the case of a person oth- (ii) by striking out ‘‘section 1712(f) of this is eligible (subject to paragraph (2)) for hospital erwise receiving care or services under this title’’ and inserting in lieu thereof ‘‘subsection care, medical services, and nursing home care chapter)’’ before ‘‘wheelchairs,’’; and (g)’’; and under subsection (a)(2)(F) for any disability, (3) by inserting ‘‘except that the Secretary (C) in paragraph (3)(F), by striking out ‘‘sec- notwithstanding that there is insufficient medi- may not furnish sensori-neural aids other than tion 1712(f) of this title’’ and inserting in lieu cal evidence to conclude that such disability in accordance with guidelines which the Sec- thereof ‘‘subsection (g)’’. may be associated with such exposure. retary shall prescribe,’’ after ‘‘reasonable and (5) Section 1712A is amended— ‘‘(B) A radiation-exposed veteran is eligible necessary,’’. (A) in subsection (b)(1), by striking out for hospital care, medical services, and nursing (b) REGULATIONS.—Not later than 30 days ‘‘under the conditions specified in section home care under subsection (a)(2)(F) for any after the date of the enactment of this Act, the 1712(a)(5)(B) of this title’’; and disease suffered by the veteran that is— Secretary of Veterans Affairs shall prescribe the (B) in subsection (e)(1), by striking out ‘‘sec- ‘‘(i) a disease listed in section 1112(c)(2) of this guidelines required by the amendments made by tions 1712(a)(1)(B) and 1703(a)(2)’’ and inserting title; or subsection (a) and shall furnish a copy of those in lieu thereof ‘‘sections 1703(a)(2) and ‘‘(ii) any other disease for which the Sec- guidelines to the Committees on Veterans’ Af- 1710(a)(1)(B)’’. retary, based on the advice of the Advisory fairs of the Senate and House of Representa- (6) Section 1717(a) is amended— Committee on Environmental Hazards, deter- tives. (A) in paragraph (1), by striking out ‘‘section mines that there is credible evidence of a posi- SEC. 104. MANAGEMENT OF HEALTH CARE. 1712(a)’’ and inserting in lieu thereof ‘‘section tive association between occurrence of the dis- (a) IN GENERAL.—(1) Chapter 17 is amended 1710(a)’’; and ease in humans and exposure to ionizing radi- by inserting after section 1704 the following new (B) in paragraph (2)— ation.’’; and sections: (i) in subparagraph (A), by striking out (2) by striking out paragraphs (2) and (3) and ‘‘§ 1705. Management of health care: patient ‘‘paragraph (1) of section 1712(a) of this title’’ inserting in lieu thereof the following: enrollment system and inserting in lieu thereof ‘‘section 1710(a)(1) ‘‘(2)(A) In the case of a veteran described in ‘‘(a) In managing the provision of hospital of this title, or for a disability described in sec- paragraph (1)(A), hospital care, medical serv- care and medical services under section 1710(a) tion 1710(a)(2)(C) of this title’’; and ices, and nursing home care may not be pro- of this title, the Secretary, in accordance with (ii) in subparagraph (B), by striking out ‘‘sec- vided under subsection (a)(2)(F) with respect regulations the Secretary shall prescribe, shall tion 1712’’ and inserting in lieu thereof ‘‘section to— establish and operate a system of annual pa- 1710(a)(2)’’. ‘‘(i) a disability that is found, in accordance tient enrollment. The Secretary shall manage (7) Section 1718(e) is amended by striking out with guidelines issued by the Under Secretary the enrollment of veterans in accordance with ‘‘section 1712(i)’’ and inserting in lieu thereof for Health, to have resulted from a cause other the following priorities, in the order listed: ‘‘section 1705’’. than an exposure described in paragraph ‘‘(1) Veterans with service-connected disabil- (8) Section 1720(f) is amended— (4)(A)(ii); or ities rated 50 percent or greater. (A) in paragraph (1)(A)(ii), by striking out ‘‘(ii) a disease for which the National Acad- ‘‘(2) Veterans with service-connected disabil- ‘‘section 1712(a)(1)(B)’’ and inserting in lieu emy of Sciences, in a report issued in accord- ities rated 30 percent or 40 percent. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12113 ‘‘(3) Veterans who are former prisoners of ‘‘1705. Management of health care: patient en- (2) With respect to the veterans who had not war, veterans with service-connected disabilities rollment system. received care from the Department during the rated 10 percent or 20 percent, and veterans de- ‘‘1706. Management of health care: other re- three preceding fiscal years, the total cost of scribed in subparagraphs (B) and (C) of section quirements.’’. providing care to such veterans, shown in total 1710(a)(2) of this title. (b) CONFORMING AMENDMENTS TO SECTION and separately (A) by level of care, and (B) by ‘‘(4) Veterans who are in receipt of increased 1703.—Section 1703(a) is amended— reference to whether care was furnished in De- pension based on a need of regular aid and at- (1) in the matter preceding paragraph (1), by partment facilities or under contract arrange- tendance or by reason of being permanently striking out ‘‘or 1712’’; ments. housebound and other veterans who are cata- (2) in paragraph (2)— (3) With respect to the number of veterans de- strophically disabled. (A) by striking out ‘‘1712(a)(1)(B)’’ in sub- scribed in paragraphs (1), (2), and (3) of section ‘‘(5) Veterans not covered by paragraphs (1) paragraph (A) and inserting in lieu thereof 1710(a) of title 38, United States Code, as through (4) who are unable to defray the ex- ‘‘1710(a)(1)(B)’’; amended by section 101, who applied for health penses of necessary care as determined under (B) by striking out subparagraph (B) and in- care from the Department during fiscal year section 1722(a) of this title. serting in lieu thereof the following: 1997— ‘‘(6) All other veterans eligible for hospital ‘‘(B) a veteran who (i) has been furnished (A) the number who applied for care (shown care, medical services, and nursing home care hospital care, nursing home care, domiciliary in total and separately by facility); under section 1710(a)(2) of this title. care, or medical services, and (ii) requires medi- (B) the number who were denied enrollment (7) Veterans described in section 1710(a)(3) of cal services to complete treatment incident to (shown in total and separately by facility); and this title. such care or services; or’’; and (C) the number who were denied care which ‘‘(b) In the design of an enrollment system (C) by striking ‘‘section 1712(a)(3) (other than was considered to be medically necessary but under subsection (a), the Secretary— a veteran who is a former prisoner of war) of not of an emergency nature (shown in total and ‘‘(1) shall ensure that the system will be man- this title’’ in subparagraph (C) and inserting in separately by facility). aged in a manner to ensure that the provision of lieu thereof ‘‘section 1710(a)(2)(E) of this title, or (4) The numbers and characteristics of, and care to enrollees is timely and acceptable in a veteran who is in receipt of increased pension, the type and extent of health care furnished to, quality; or additional compensation or allowances based ‘‘(2) may establish additional priorities within veterans enrolled for care (shown in total and on the need of regular aid and attendance or by separately by facility). each priority group specified in subsection (a), reason of being permanently housebound (or as the Secretary determines necessary; and (5) The numbers and characteristics of, and who, but for the receipt of retired pay, would be ‘‘(3) may provide for exceptions to the speci- the type and extent of health care furnished to, in receipt of such pension, compensation, or al- fied priorities where dictated by compelling med- veterans not enrolled for care (shown separately ical reasons. lowance),’’; and by reference to each class of eligibility, both in ‘‘(c)(1) Effective on October 1, 1998, the Sec- (3) in paragraph (7), by striking out total and separately by facility). retary may not provide hospital care or medical ‘‘1712(b)(1)(F)’’ and inserting in lieu thereof (6) The specific fiscal impact (shown in total services to a veteran under paragraph (2) or (3) ‘‘1712(a)(1)(F)’’. and by geographic health-care delivery areas) of of section 1710(a) of this title unless the veteran SEC. 105. AUTHORIZATION OF APPROPRIATIONS. changes in delivery patterns instituted under enrolls in the system of patient enrollment es- There is authorized to be appropriated for the the amendments made by this title. tablished by the Secretary under subsection (a). Department of Veterans Affairs for the Medical TITLE II—CONSTRUCTION ‘‘(2) The Secretary shall provide hospital care Care account, for the purposes specified for that AUTHORIZATION account in Public Law 103–327 (108 Stat. 2300), and medical services under section 1710(a)(1) of SEC. 201. AUTHORIZATION OF MAJOR MEDICAL this title, and under subparagraph (B) of sec- including the cost of providing hospital care FACILITY PROJECTS. tion 1710(a)(2) of this title, for the 12-month pe- and medical services under the amendments (a) AMBULATORY CARE ADDITION PROJECTS.— riod following such veteran’s discharge or re- made by section this title, not to exceed The Secretary of Veterans Affairs may carry out lease from service, to any veteran referred to in $17,250,000,000 for fiscal year 1997 and not to ex- the following ambulatory care addition major such sections for a disability specified in the ap- ceed $17,900,000,000 for fiscal year 1998. medical facility projects, with each project to be plicable subparagraph of such section, notwith- SEC. 106. ASSESSMENT OF IMPLEMENTATION AND carried out in the amount specified for that standing the failure of the veteran to enroll in OPERATION. project: the system of patient enrollment referred to in (a) ASSESSMENT SYSTEMS.—The Secretary of (1) Construction of an ambulatory care facil- subsection (a) of this section. Veterans Affairs shall establish information sys- ity and renovation of ‘‘E’’ wing, Tripler Army ‘‘§ 1706. Management of health care: other re- tems to assess the experience of the Department Hospital, Honolulu, Hawaii, $43,000,000. quirements of Veterans Affairs in implementing sections 101, (2) Addition of ambulatory care facilities at ‘‘(a) In managing the provision of hospital 103, and 104, including the amendments made by the Department of Veterans Affairs medical cen- care and medical services under section 1710(a) those sections, during fiscal year 1997. The Sec- ter in Brockton, Massachusetts, $13,500,000. of this title, the Secretary shall, to the extent retary shall establish those information systems (3) Addition of ambulatory care facilities for feasible, design, establish and manage health in time to include assessments under such sys- outpatient improvements at the Department of care programs in such a manner as to promote tems in the report required under subsection (b). Veterans Affairs medical center in Shreveport, cost-effective delivery of health care services in (b) REPORT.—Not later than March 1, 1998, Louisiana, $25,000,000. the most clinically appropriate setting. the Secretary shall submit to the Committees on (4) Addition of ambulatory care facilities at ‘‘(b)(1) In managing the provision of hospital Veterans’ Affairs of the Senate and House of the Department of Veterans Affairs medical cen- care and medical services under such section, Representatives a report reflecting the experi- ter in Lyons, New Jersey, $21,100,000. the Secretary shall ensure that the Department ence of the Department during fiscal year 1997 (5) Addition of ambulatory care facilities at maintains its capacity to provide for the special- on— the Department of Veterans Affairs medical cen- ized treatment and rehabilitative needs of dis- (1) the effect of implementation of, and provi- ter in Tomah, Wisconsin, $12,700,000. abled veterans (including veterans with spinal sion and management of care under, sections (6) Addition of ambulatory care facilities at cord dysfunction, blindness, amputations, and 101, 103, and 104 (including the amendments the Department of Veterans Affairs medical cen- mental illness) within distinct programs or fa- made by those sections) on demand for health ter in Asheville, North Carolina, $26,300,000. cilities of the Department that are dedicated to care services from the Department of Veterans (7) Addition of ambulatory care facilities at the specialized needs of those veterans in a man- Affairs by veterans described in paragraphs (1), the Department of Veterans Affairs medical cen- ner that (A) affords those veterans reasonable (2), and (3) of section 1710(a) of title 38, United ter in Temple, Texas, $9,800,000. access to care and services for those specialized States Code, as amended by section 101; (8) Addition of ambulatory care facilities at needs, and (B) ensures that overall capacity of (2) any differing patterns of demand on the the Department of Veterans Affairs medical cen- the Department to provide such services is not part of such veterans relating to such factors as ter in Tucson, Arizona, $35,500,000. reduced below the capacity of the Department, relative distance from Department facilities and (9) Construction of an ambulatory care facil- nationwide, to provide those services, as of the prior experience, or lack of experience, as recipi- ity at the Department of Veterans Affairs medi- date of the enactment of this section. The Sec- ents of care from the Department; cal center in Leavenworth, Kansas, $27,750,000. retary shall carry out this paragraph in con- (3) the extent to which the Department has (b) ENVIRONMENTAL IMPROVEMENT sultation with the Advisory Committee on Pros- met such demand for care; and PROJECTS.—The Secretary may carry out the thetics and Special Disabilities Programs and (4) changes in health-care delivery patterns in following environmental improvement major the Committee on Care of Severely Chronically Department facilities and the fiscal impact of medical facility projects, with each project to be Mentally Ill Veterans. such changes. carried out in the amount specified for that ‘‘(2) Not later than April 1, 1997, April 1, 1998, (c) MATTERS TO BE INCLUDED.—The report project: and April 1, 1999, the Secretary shall submit to under subsection (b) shall include detailed in- (1) Environmental improvements for the ren- the Committees on Veterans’ Affairs of the Sen- formation with respect to fiscal year 1997 re- ovation of nursing home facilities at the Depart- ate and House of Representatives a report on garding the following: ment of Veterans Affairs medical center in Leb- the Secretary’s compliance, by facility and by (1) The number of veterans enrolled for care anon, Pennsylvania, $9,500,000. service-network, with the requirements of this at each Department medical facility and, of (2) Environmental improvements at the De- subsection.’’. such veterans, the number enrolled at each such partment of Veterans Affairs medical center in (2) The table of sections at the beginning of facility who had not received care from the De- Marion, Illinois, $11,500,000. chapter 17 is amended by inserting after the item partment during the preceding three fiscal (3) Environmental improvements for ward ren- relating to section 1704 the following new items: years. ovation for patient privacy at the Department of H12114 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Veterans Affairs medical center in Omaha, Ne- ‘‘(a) In order to promote effective planning for recurring costs). The 20 projects shall be com- braska, $7,700,000. the efficient provision of care to eligible veter- piled, and their relative rankings shall be (4) Environmental improvements at the De- ans, the Secretary, based on the analysis and shown, by category of project (including the partment of Veterans Affairs medical center in recommendations of the Under Secretary for categories of ambulatory care projects, nursing Pittsburgh, Pennsylvania, $17,400,000. Health, shall submit to each committee an an- home care projects, and such other categories as (5) Environmental improvements for the ren- nual report regarding long-range health plan- the Secretary determines). ovation of various buildings at the Department ning of the Department. The report shall be sub- ‘‘(2) The Secretary shall include in each re- of Veterans Affairs medical center in Waco, mitted each year not later than the date on port, for each project listed, a description of the Texas, $26,000,000. which the budget for the next fiscal year is sub- specific factors that account for the relative (6) Environmental improvements for the re- mitted to the Congress under section 1105 of title ranking of that project in relation to other placement of psychiatric beds at the Department 31. projects within the same category. of Veterans Affairs medical center in Marion, ‘‘(b) Each report under subsection (a) shall in- ‘‘(3) In a case in which the relative ranking of Indiana, $17,300,000. clude the following: a proposed project has changed since the last re- (7) Environmental improvements for the ren- ‘‘(1) A five-year strategic plan for the provi- port under this subsection was submitted, the ovation of psychiatric wards at the Department sion of care under chapter 17 of this title to eli- Secretary shall also include in the report a de- of Veterans Affairs medical center in Perry gible veterans through coordinated networks of scription of the reasons for the change in the Point, Maryland, $15,100,000. medical facilities operating within prescribed ge- ranking, including an explanation of any (8) Environmental enhancement at the De- ographic service-delivery areas, such plan to in- change in the scoring of the project under the partment of Veterans Affairs medical center in clude provision of services for the specialized Department’s scoring system for proposed major Salisbury, North Carolina, $18,200,000. treatment and rehabilitative needs of disabled medical construction projects.’’. (c) SEISMIC CORRECTION PROJECT.—The Sec- veterans (including veterans with spinal cord SEC. 205. REVISION TO PROSPECTUS REQUIRE- retary may carry out seismic corrections to dysfunction, blindness, amputations, and men- MENTS. Building Number 324 at the Department of Vet- tal illness) through distinct programs or facili- (a) ADDITIONAL INFORMATION.—Section erans Affairs medical center in Palo Alto, Cali- ties of the Department dedicated to the special- 8104(b) is amended— fornia, in the amount of $20,800,000. ized needs of those veterans. (1) by striking out the matter preceding para- (d) PROJECT AUTHORIZATION WHEN PARTIAL ‘‘(2) A description of how planning for the graph (1) and inserting in lieu thereof the fol- FUNDING PROVIDED.—If the amount of funds networks will be coordinated. lowing: appropriated for fiscal year 1997 or 1998 for de- ‘‘(3) A profile regarding each such network of ‘‘(b) Whenever the President or the Secretary sign and partial construction of a major medical medical facilities which identifies— submit to the Congress a request for the funding facility project that is authorized in this section ‘‘(A) the mission of each existing or proposed of a major medical facility project (as defined in is less than the amount required to complete the medical facility in the network; subsection (a)(3)(A)) or a major medical facility construction of that project as authorized and if ‘‘(B) any planned change in the mission for lease (as defined in subsection (a)(3)(B)), the the Secretary obligates funds for such construc- any such facility and the rationale for such Secretary shall submit to each committee, on the tion, such project shall be deemed to be fully au- planned change; same day, a prospectus of the proposed medical ‘‘(C) the population of veterans to be served thorized. Any such authorization shall cease to facility. Any such prospectus shall include the by the network and anticipated changes over a have effect at the close of fiscal year 2001. following:’’; five-year period and a ten-year period, respec- SEC. 202. AUTHORIZATION OF MAJOR MEDICAL (2) in paragraph (1)— tively, in that population and in the health-care FACILITY LEASES. (A) by striking out ‘‘a detailed’’ and inserting needs of that population; The Secretary of Veterans Affairs may enter in lieu thereof ‘‘A detailed’’; and ‘‘(D) information relevant to assessing into leases for medical facilities as follows: (B) by striking out the semicolon at the end progress toward the goal of achieving relative (1) Lease of a satellite outpatient clinic in Al- and inserting in lieu thereof a period; equivalency in the level of resources per patient lentown, Pennsylvania, in an amount not to ex- (3) in paragraph (2)— distributed to each network, such information to ceed $2,159,000. (A) by striking out ‘‘an estimate’’ and insert- include the plans for and progress toward low- (2) Lease of a satellite outpatient clinic in ing in lieu thereof ‘‘An estimate’’; and ering the cost of care-delivery in the network Beaumont, Texas, in an amount not to exceed (B) by striking out ‘‘; and’’ and inserting in (by means such as changes in the mix in the $1,940,000. lieu thereof a period; network of physicians, nurses, physician assist- (3) Lease of a satellite outpatient clinic in (4) in paragraph (3), by striking out ‘‘an esti- Boston, Massachusetts, in an amount not to ex- ants, and advance practice nurses); ‘‘(E) the capacity of non-Federal facilities in mate’’ and inserting in lieu thereof ‘‘An esti- ceed $2,358,000. mate’’; and (4) Lease of a parking facility in Cleveland, the network to provide acute, long-term, and specialized treatment and rehabilitative services (5) by adding at the end the following new Ohio, in an amount not to exceed $1,300,000. paragraphs: (5) Lease of a satellite outpatient clinic and (described in section 7305 of this title), and de- terminations regarding the extent to which serv- ‘‘(4) Demographic data applicable to such fa- Veterans Benefits Administration field office in cility, including information on projected San Antonio, Texas, in an amount not to exceed ices to be provided in each service-delivery area and each facility in such area should be pro- changes in the population of veterans to be $2,256,000. served by the facility over a five-year period and (6) Lease of a satellite outpatient clinic in To- vided directly through facilities of the Depart- ment or through contract or other arrange- a ten-year period. ledo, Ohio, in an amount not to exceed ‘‘(5) Current and projected workload and uti- $2,223,000. ments, including arrangements authorized under sections 8111 and 8153 of this title; and lization data regarding the facility. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. ‘‘(F) a five-year plan for construction, re- ‘‘(6) Current and projected operating costs of (a) IN GENERAL.—There are authorized to be placement, or alteration projects in support of the facility, including both recurring and non- appropriated to the Secretary of Veterans Af- the approved mission of each facility in the net- recurring costs. fairs for fiscal year 1997 and fiscal year 1998— work and a description of how those projects ‘‘(7) The priority score assigned to the project (1) for the Construction, Major Projects, ac- will improve access to care, or quality of care, or lease under the Department’s prioritization count, a total of $358,150,000 for the projects au- for patients served in the network. methodology and, if the project or lease is being thorized in section 201; and ‘‘(4) A status report for each facility on proposed for funding before a project or lease (2) for the Medical Care account, a total of progress toward— with a higher score, a specific explanation of $12,236,000 for the leases authorized in section ‘‘(A) instituting planned mission changes the factors other than the priority score that 202. identified under paragraph (3)(B); were considered and the basis on which the (b) LIMITATION.—The projects authorized in ‘‘(B) implementing principles of managed care project or lease is proposed for funding ahead of section 201 may only be carried out using— of eligible veterans; and projects or leases with higher priority scores. (1) funds appropriated for fiscal year 1997 or ‘‘(C) developing and instituting cost-effective ‘‘(8) In the case of a prospectus proposing the fiscal year 1998 consistent with the authoriza- alternatives to provision of institutional care.’’; construction of a new or replacement medical tion of appropriations in subsection (a); and facility, a description of each alternative to con- (2) funds appropriated for Construction, (3) by adding at the end the following new struction of the facility that was considered.’’. Major Projects for a fiscal year before fiscal subsection: (b) APPLICABILITY.—The amendments made by year 1997 that remain available for obligation; ‘‘(d)(1) The Secretary shall submit to each subsection (a) shall apply with respect to any and committee, not later than January 31 of each prospectus submitted by the Secretary of Veter- (3) funds appropriated for Construction, year, a report showing the current priorities of ans Affairs after the date of the enactment of Major Projects for fiscal year 1997 or fiscal year the Department for proposed major medical con- this Act. 1998 for a category of activity not specific to a struction projects. Each such report shall iden- SEC. 206. CONSTRUCTION AUTHORIZATION RE- project. tify the 20 projects, from within all the projects QUIREMENTS. SEC. 204. STRATEGIC PLANNING. in the Department’s inventory of proposed (a) DEFINITION OF MAJOR MEDICAL FACILITY Section 8107 is amended— projects, that have the highest priority and, for PROJECT.—Paragraph (3)(A) of section 8104(a) is (1) by redesignating subsection (b) as sub- those 20 projects, the relative priority and rank amended by striking out ‘‘$3,000,000’’ and insert- section (c); scoring of each such project and the projected ing in lieu thereof ‘‘$4,000,000’’. (2) by striking out subsection (a) and inserting cost of such project (including the projected op- (b) APPLICABILITY OF CONSTRUCTION AUTHOR- in lieu thereof the following new subsections: erating costs, including both recurring and non- IZATION REQUIREMENT.—(1) Subsection (b) of September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12115 section 301 of the Veterans’ Medical Programs ties and any health-care provider, or other en- Secretary under this section to individuals who Amendments of 1992 (Public Law 102–405; 106 tity or individual’’; are not veterans only if the Secretary deter- Stat. 1984) is repealed. (B) in paragraph (2), by striking out ‘‘only’’ mines— (2) The amendments made by subsection (a) of and all that follows through ‘‘are not’’ and in- ‘‘(1) that veterans will receive priority under such section shall apply with respect to any serting in lieu thereof ‘‘if such resources are not, such an arrangement; and major medical facility project or any major med- or would not be,’’; and ‘‘(2) that such an arrangement— ical facility lease of the Department of Veterans (C) by adding at the end the following: ‘‘(A) is necessary to maintain an acceptable Affairs, regardless of when funds are first ap- ‘‘(3)(A) If the health-care resource required is level and quality of service to veterans at that propriated for that project or lease, except that a commercial service, the use of medical equip- facility; or in the case of a project for which funds were ment or space, or research, and is to be acquired ‘‘(B) will result in the improvement of services first appropriated before October 9, 1992, such from an institution affiliated with the Depart- to eligible veterans at that facility. amendments shall not apply with respect to ment in accordance with section 7302 of this ‘‘(f) Any amount received by the Secretary amounts appropriated for that project for a fis- title, including medical practice groups and from a non-Federal entity as payment for serv- cal year before fiscal year 1998. other entities associated with affiliated institu- ices provided by the Secretary during a prior fis- tions, blood banks, organ banks, or research (c) LIMITATION ON OBLIGATIONS FOR ADVANCE cal year under an agreement entered into under centers, the Secretary may make arrangements PLANNING.—Section 8104 is amended by adding this section may be obligated by the Secretary at the end the following new subsection: for acquisition of the resource without regard to during the fiscal year in which the Secretary re- ‘‘(f) The Secretary may not obligate funds in any law or regulation that would otherwise re- ceives the payment.’’. an amount in excess of $500,000 from the Ad- quire the use of competitive procedures for ac- (d) CLERICAL AMENDMENTS.—(1) The heading vance Planning Fund of the Department toward quiring the resource. of section 8153 is amended to read as follows: ‘‘(B)(i) If the health-care resource required is design or development of a major medical facil- ‘‘§ 8153. Sharing of health-care resources’’. a commercial service or the use of medical equip- ity project (as defined in subsection (a)(3)(A)) (2) The item relating to section 8153 in the ment or space, and is not to be acquired from an until— table of sections at the beginning of chapter 81 entity described in subparagraph (A), any pro- ‘‘(1) the Secretary submits to the committees a is amended to read as follows: curement of the resource may be conducted report on the proposed obligation; and without regard to any law or regulation that ‘‘8153. Sharing of health-care resources.’’. ‘‘(2) a period of 30 days has passed after the would otherwise require the use of competitive SEC. 302. IMPROVED EFFICIENCY IN HEALTH date on which the report is received by the com- procedures for procuring the resource, but only CARE RESOURCE MANAGEMENT. mittees.’’. if the procurement is conducted in accordance (a) TEMPORARY EXPANSION OF AUTHORITY FOR SEC. 207. TERMINOLOGY CHANGES. with the simplified procedures prescribed pursu- SHARING AGREEMENTS.—Section 201 of the Vet- (a) DEFINITION OF ‘‘CONSTRUCT’’.—Section ant to clause (ii). erans Health Care Act of 1992 (Public Law 102– 8101(2) is amended— ‘‘(ii) The Secretary, in consultation with the 585; 38 U.S.C. 8111 note) is amended— (1) by striking out ‘‘working drawings’’ and Administrator for Federal Procurement Policy, (1) by inserting ‘‘(a) AUTHORITY.—’’ before inserting in lieu thereof ‘‘construction docu- may prescribe simplified procedures for the pro- ‘‘The Secretary of Veterans Affairs’’; and ments’’; and curement of health-care resources under this (2) by adding at the end thereof the following (2) by striking out ‘‘preliminary plans’’ and subparagraph. The Secretary shall publish such new subsection: inserting in lieu thereof ‘‘design development’’. procedures for public comment in accordance ‘‘(b) USE OF FUNDS.—Any amount received by (b) PARKING FACILITIES.—Section with section 22 of the Office of Federal Procure- the Secretary from a non-Federal entity as pay- 8109(h)(3)(B) is amended by striking out ‘‘work- ment Policy Act (41 U.S.C. 418b). Such proce- ment for services provided by the Secretary dur- ing drawings’’ and inserting in lieu thereof dures shall permit all responsible sources to sub- ing a prior fiscal year under an agreement en- ‘‘construction documents’’. mit a bid, proposal, or quotation (as appro- tered into under this section may be obligated by the Secretary during the fiscal year in which TITLE III—HEALTH CARE AND priate) for the resources to be procured and pro- the Secretary receives the payment.’’. ADMINISTRATION vide for the consideration by the Department of (b) REPEAL OF SUNSET PROVISION.—(1) Section Subtitle A—Health Care Sharing and bids, proposals, or quotations so submitted. ‘‘(iii) Pending publication of the procedures 204 of such Act (38 U.S.C. 8111 note) is repealed. Administration (2) Any services provided pursuant to agree- under clause (ii), the Secretary shall (except as ments entered into under section 201 of such Act SEC. 301. REVISION OF AUTHORITY TO SHARE provided under subparagraph (A)) procure MEDICAL FACILITIES, EQUIPMENT, (38 U.S.C. 8111 note) during the period begin- health-care resources referred to in clause (i) in AND INFORMATION. ning on October 1, 1996, and ending on the date accordance with all procurement laws and regu- (a) STATEMENT OF PURPOSE.—The text of sec- of the enactment of this Act are hereby ratified. lations. tion 8151 is amended to read as follows: (c) COST RECOVERY.—Title II of such Act is ‘‘(C) Any procurement of health-care re- ‘‘It is the purpose of this subchapter to further amended by adding at the end the fol- sources other than those covered by subpara- strengthen the medical programs at Department lowing new section: graph (A) or (B) shall be conducted in accord- facilities and improve the quality of health care ance with all procurement laws and regulations. ‘‘SEC. 207. AUTHORITY TO BILL HEALTH-PLAN provided veterans under this title by authorizing ‘‘(D) For any procurement to be conducted on CONTRACTS. the Secretary to enter into agreements with a sole source basis other than a procurement ‘‘(a) RIGHT TO RECOVER.—In the case of a pri- health-care providers in order to share health- covered by subparagraph (A), a written jus- mary beneficiary (as described in section care resources with, and receive health-care re- tification shall be prepared that includes the in- 201(a)(2)(B)) who has coverage under a health- sources from, such providers while ensuring no formation and is approved at the levels pre- plan contract, as defined in section 1729(i)(1)(A) diminution of services to veterans.’’. scribed in section 303(f) of the Federal Property of title 38, United States Code, and who is fur- (b) DEFINITIONS.—Section 8152 is amended— and Administrative Services Act of 1949 (41 nished care or services by a Department medical (1) by striking out paragraphs (1), (2), and (3) U.S.C. 253(f)). facility pursuant to this title, the United States and inserting in lieu thereof the following new ‘‘(E) As used in this paragraph, the term shall have the right to recover or collect charges paragraphs (1) and (2): ‘commercial service’ means a service that is of- for such care or services from such health-plan ‘‘(1) The term ‘health-care resource’ includes fered and sold competitively in the commercial contract to the extent that the beneficiary (or hospital care and medical services (as those marketplace, is performed under standard com- the provider of the care or services) would be eli- terms are defined in section 1701 of this title), mercial terms and conditions, and is procured gible to receive payment for such care or services any other health-care service, and any health- using firm-fixed price contracts.’’. from such health-plan contract if the care or care support or administrative resource. (2) Subsection (b) is amended by striking out services had not been furnished by a department ‘‘(2) The term ‘health-care providers’ includes ‘‘reciprocal reimbursement’’ in the first sentence or agency of the United States. Any funds re- health-care plans and insurers and any organi- and all that follows through the period at the ceived from such health-plan contract shall be zations, institutions, or other entities or individ- end of that sentence and inserting in lieu there- credited to funds that have been allotted to the uals who furnish health-care resources.’’; and of ‘‘payment to the Department in accordance facility that furnished the care or services. (2) by redesignating paragraph (4) as para- with procedures that provide appropriate flexi- ‘‘(b) ENFORCEMENT.—The right of the United graph (3). bility to negotiate payment which is in the best States to recover under such a beneficiary’s (c) AUTHORITY TO SECURE HEALTH-CARE RE- interest of the Government.’’. health-plan contract shall be enforceable in the SOURCES.—Section 8153 is amended as follows: (3) Subsection (d) is amended by striking out same manner as that provided by subsections (1) Subsection (a) is amended— ‘‘preclude such payment, in accordance with—’’ (a)(3), (b), (c)(1), (d), (f), (h), and (i) of section (A) in paragraph (1)— and all that follows through ‘‘to such facility 1729 of title 38, United States Code.’’. (i) by striking out ‘‘certain specialized medical therefor’’ and inserting in lieu thereof ‘‘preclude SEC. 303. PERSONNEL FURNISHING SHARED RE- resources’’ and inserting in lieu thereof ‘‘health- such payment to such facility for such care or SOURCES. care resources’’; services’’. Section 712(b)(2) is amended— (ii) by striking out ‘‘other medical resources’’ (4) Such section is further amended— (1) by striking out ‘‘the sum of—’’ and insert- and inserting in lieu thereof ‘‘other health-care (A) by redesignating subsection (e) as sub- ing in lieu thereof ‘‘the sum of the following:’’; resources’’; and section (g); and (2) by capitalizing the first letter of the first (iii) by striking out ‘‘of—’’ and all that fol- (B) by inserting after subsection (d) the fol- word of each of subparagraphs (A) and (B); lows through ‘‘section 1742(a) of this title’’ and lowing new subsections: (3) by striking out ‘‘; and’’ at the end of sub- inserting in lieu thereof ‘‘of health-care re- ‘‘(e) The Secretary may make an arrangement paragraph (A) and inserting in lieu thereof a sources between Department health-care facili- that authorizes the furnishing of services by the period; and H12116 CONGRESSIONAL RECORD — HOUSE September 28, 1996 (4) by adding at the end the following new Health and Human Services under section 354(g) through the Department, and the reasons there- subparagraph: of the Public Health Service Act. for; and ‘‘(C) The number of such positions in the De- ‘‘(2) The Secretary may not provide for an in- (2) recommendations, if indicated, for encour- partment during that fiscal year held by persons spection under paragraph (1) to be performed by aging greater use of such services, including (if involved in providing health-care resources a State agency. appropriate) public service announcements and under section 8111 or 8153 of this title or under ‘‘(d) The Secretary shall ensure that mammo- other outreach efforts. section 201 of the Veterans Health Care Act of grams performed for the Department under con- (b) REPORTS TO CONGRESSIONAL COMMIT- 1992 (Public Law 102–585; 106 Stat. 4949; 38 tract with any non-Department facility or pro- TEES.—Not later than July 1, 1997, and July 1 of U.S.C. 8111 note).’’. vider conform to the quality standards pre- each of the two following years, the Secretary of SEC. 304. WAITING PERIOD FOR ADMINISTRATIVE scribed by the Secretary of Health and Human Veterans Affairs shall submit to the Committees REORGANIZATIONS. Services under section 354 of the Public Health on Veterans’ Affairs of the Senate and House of Section 510(b) is amended— Service Act. Representatives a report containing— (1) in the second sentence, by striking out ‘‘a ‘‘(e) For the purposes of this section, the term (1) the most recent report of the Center for 90-day period of continuous session of Congress ‘mammogram’ has the meaning given such term Women Veterans under subsection (a); following the date of the submission of the re- in paragraph (5) of section 354(a) of the Public (2) the views of the Under Secretary for port’’ and inserting in lieu thereof ‘‘a 45-day pe- Health Service Act.’’. Health on such report’s findings and rec- riod following the date of the submission of the (2) The table of sections at the beginning of ommendations; and report, not less than 30 days of which shall be such chapter is amended by inserting after the (3) a description of the steps being taken by days during which Congress shall have been in item relating to section 7318 the following new the Secretary to remedy any problems described continuous session’’; and item: in the report. (2) in the third sentence, by striking out ‘‘such ‘‘7319. Mammography quality standards.’’. SEC. 324. REPORTING REQUIREMENTS. 90–day period’’ and inserting in lieu thereof (b) DEADLINE FOR PRESCRIBING STANDARDS.— (a) EXTENSION OF ANNUAL REPORT REQUIRE- ‘‘any period of continuity of session’’. The Secretary of Veterans Affairs shall prescribe MENT.—Section 107(a) of the Veterans Health SEC. 305. REPEAL OF LIMITATIONS ON CON- standards under subsection (b) of section 7319 of Care Act of 1992 (Public Law 102–585; 106 Stat. TRACTS FOR CONVERSION OF PER- title 38, United States Code, as added by sub- 4947) is amended by striking out ‘‘Not later than FORMANCE OF ACTIVITIES OF DE- section (a), not later than the end of the 120-day January 1, 1993, January 1, 1994, and January PARTMENT HEALTH-CARE FACILI- 1, 1995’’ and inserting in lieu thereof ‘‘Not later TIES AND REVISED ANNUAL REPORT- period beginning on the date of the enactment ING REQUIREMENT. of this Act. than January 1 of 1993 and each year thereafter Subsection (c) of section 8110 is amended to (c) IMPLEMENTATION REPORT.—The Secretary through 1998’’. read as follows: shall submit to the Committees on Veterans’ Af- (b) REPORT ON HEALTH CARE AND RE- ‘‘(c) The Secretary shall include in the mate- fairs of the Senate and House of Representatives SEARCH.—Section 107(b) of such Act is amend- rials submitted to Congress each year in support a report on the Secretary’s implementation of ed— of the budget of the Department for the next fis- section 7319 of title 38, United States Code, as (1) in paragraph (2)(A), by inserting ‘‘(includ- cal year a report on activities and proposals in- added by subsection (a). The report shall be sub- ing information on the number of inpatient volving contracting for performance by contrac- mitted not later than 120 days after the date of stays and the number of outpatient visits tor personnel of work previously performed by the enactment of this Act. through which such services were provided)’’ Department employees. The report shall— SEC. 322. PATIENT PRIVACY FOR WOMEN PA- after ‘‘facility’’; and ‘‘(1) identify those specific activities that are TIENTS. (2) by adding at the end the following new currently performed at a Department facility by (a) IDENTIFICATION OF DEFICIENCIES.—The paragraph: more than 10 Department employees which the Secretary of Veterans Affairs shall conduct a ‘‘(5) A description of the actions taken by the Secretary proposes to study for possible con- survey of each medical center under the juris- Secretary to foster and encourage the expansion tracting involving conversion from performance diction of the Secretary to identify deficiencies of such research.’’. by Department employees to performance by em- relating to patient privacy afforded to women Subtitle C—Readjustment Counseling and ployees of a contractor; and patients in the clinical areas at each such center Mental Health Care ‘‘(2) identify those specific activities that have which may interfere with appropriate treatment SEC. 331. EXPANSION OF ELIGIBILITY FOR READ- been contracted for performance by contractor of such patients. JUSTMENT COUNSELING AND CER- employees during the prior fiscal year (shown (b) CORRECTION OF DEFICIENCIES.—The Sec- TAIN RELATED COUNSELING SERV- by location, subject, scope of contracts, and sav- retary shall ensure that plans and, where ap- ICES. ings) and shall describe the effect of such con- propriate, interim steps to correct the defi- (a) EXPANSION OF ELIGIBILITY.—Subsection tracts on the quality of delivery of health serv- ciencies identified in the survey conducted (a) of section 1712A is amended to read as fol- ices during such year.’’. under subsection (a) are developed and are in- lows: Subtitle B—Care of Women Veterans corporated into the Department’s construction ‘‘(a)(1)(A) Upon the request of any veteran re- planning processes and, in cases in which it is ferred to in subparagraph (B), the Secretary SEC. 321. MAMMOGRAPHY QUALITY STANDARDS. cost-effective to do so, are given a high priority. shall furnish counseling to the veteran to assist (a) IN GENERAL.—(1) Subchapter II of chapter (c) REPORTS TO CONGRESS.—The Secretary the veteran in readjusting to civilian life. Such 73 is amended by adding after section 7318 the shall compile an annual inventory, by medical counseling may include a general mental and following new section: center, of deficiencies identified under sub- psychological assessment of the veteran to ascer- ‘‘§ 7319. Mammography quality standards section (a) and of plans and, where appropriate, tain whether such veteran has mental or psy- ‘‘(a) A mammogram may not be performed at interim steps, to correct such deficiencies. The chological problems associated with readjust- a Department facility unless that facility is ac- Secretary shall submit to the Committees on Vet- ment to civilian life. credited for that purpose by a private nonprofit erans’ Affairs of the Senate and House of Rep- ‘‘(B) Subparagraph (A) applies to the follow- organization designated by the Secretary. An resentatives, not later than October 1, 1997, and ing veterans: organization designated by the Secretary under not later than October 1 each year thereafter ‘‘(i) Any veteran who served on active duty— this subsection shall meet the standards for ac- through 1999 a report on such deficiencies. The ‘‘(I) in a theater of combat operations (as de- crediting bodies established under subsection (e) Secretary shall include in such report the inven- termined by the Secretary in consultation with of section 354 of the Public Health Service Act tory compiled by the Secretary, the proposed the Secretary of Defense) during the Vietnam (42 U.S.C. 263b). corrective plans, and the status of such plans. era; or ‘‘(b) The Secretary, in consultation with the SEC. 323. ASSESSMENT OF USE BY WOMEN VETER- ‘‘(II) after May 7, l975, in an area at a time Secretary of Health and Human Services, shall ANS OF DEPARTMENT HEALTH SERV- during which hostilities occurred in that area. prescribe quality assurance and quality control ICES. ‘‘(ii) Any veteran (other than a veteran cov- standards relating to the performance and inter- (a) REPORTS TO UNDER SECRETARY FOR ered by clause (i)) who served on active duty pretation of mammograms and use of mammo- HEALTH.—The Center for Women Veterans of during the Vietnam era who seeks or is fur- gram equipment and facilities of the Department the Department of Veterans Affairs (established nished such counseling before January 1, 2000. of Veterans Affairs consistent with the require- under section 509 of Public Law 103–446), in ‘‘(2)(A) Upon the request of any veteran ments of section 354(f)(1) of the Public Health consultation with the Advisory Committee on (other than a veteran covered by paragraph (1)) Service Act. Such standards shall be no less Women Veterans, shall assess the use by women who served in the active military, naval, or air stringent than the standards prescribed by the veterans of health services through the Depart- service in a theater of combat operations (as so Secretary of Health and Human Services under ment of Veterans Affairs, including counseling determined) during a period of war, or in any section 354(f) of the Public Health Service Act. for sexual trauma and mental health services. other area during a period in which hostilities ‘‘(c)(1) The Secretary, to ensure compliance The Center shall submit to the Under Secretary (as defined in subparagraph (B)) occurred in with the standards prescribed under subsection for Health of the Department of Veterans Af- such area, the Secretary may furnish counseling (b), shall provide for an annual inspection of fairs a report not later than April 1, 1997, and to the veteran to assist the veteran in readjust- the equipment and facilities used by and in De- April 1 of each of the two following years, on— ing to civilian life. partment health care facilities for the perform- (1) the extent to which women veterans de- ‘‘(B) For the purposes of subparagraph (A), ance of mammograms. Such inspections shall be scribed in paragraphs (1) and (2) of section the term ‘hostilities’ means an armed conflict in carried out in a manner consistent with the in- 1710(a) of title 38, United States Code, fail to which the members of the Armed Forces are sub- spection of certified facilities by the Secretary of seek, or face barriers in seeking, health services jected to danger comparable to the danger to September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12117 which members of the Armed Forces have been SEC. 333. ADVISORY COMMITTEE ON THE READ- ‘‘(d)(1) Except as provided in paragraph (2), subjected in combat with enemy armed forces JUSTMENT OF VETERANS. the provisions of the Federal Advisory Commit- during a period of war, as determined by the (a) IN GENERAL.—(1) Subchapter III of chap- tee Act (5 U.S.C. App.) shall apply to the activi- Secretary in consultation with the Secretary of ter 5 is amended by inserting after section 544 ties of the Committee under this section. Defense.’’. the following new section: ‘‘(2) Section 14 of such Act shall not apply to (b) REPEAL OF REFERRAL PROVISIONS.—Sub- ‘‘§ 545. Advisory Committee on the Readjust- the Committee.’’. section (c) of such section is repealed. ment of Veterans (2) The table of sections at the beginning of SEC. 332. REPORTS RELATING TO VET CENTERS. ‘‘(a)(1) There is in the Department the Advi- chapter 5 is amended by inserting after the item (a) REPORT ON COLLOCATION OF VET CENTERS sory Committee on the Readjustment of Veterans relating to section 544 the following new item: AND DEPARTMENT OUTPATIENT CLINICS.—(1) Not (hereinafter in this section referred to as the ‘‘545. Advisory Committee on the Readjustment later than six months after the date of the en- ‘Committee’). of Veterans.’’. actment of this Act, the Secretary of Veterans ‘‘(2) The Committee shall consist of not more (b) ORIGINAL MEMBERS.—(1) Notwithstanding Affairs shall submit to the Committees on Veter- than 18 members appointed by the Secretary subsection (a)(2) of section 545 of title 38, United ans’ Affairs of the Senate and House of Rep- from among individuals who— States Code (as added by subsection (a)), the resentatives a report on the feasibility and desir- ‘‘(A) have demonstrated significant civic or members of the Advisory Committee on the Re- ability of providing for the collocation of Vet professional achievement; and adjustment of Vietnam and Other War Veterans Centers and outpatient clinics (including rural ‘‘(B) have experience with the provision of on the date of the enactment of this Act shall be mobile clinics) of the Department of Veterans veterans benefits and services by the Depart- the original members of the advisory committee Affairs as current leases for such centers and ment. recognized under such section. clinics expire. ‘‘(3) The Secretary shall seek to ensure that (2) The original members shall so serve until (2) The report shall include an assessment of members appointed to the Committee include in- the Secretary of Veterans Affairs carries out ap- the following: dividuals from a wide variety of geographic pointments under such subsection (a)(2). The (A) The results of any collocation of Vet Cen- areas and ethnic backgrounds, individuals from Secretary of Veterans Affairs shall carry out ters and outpatient clinics carried out by the veterans service organizations, individuals with such appointments as soon after such date as is Secretary before the date of the enactment of combat experience, and women. practicable. The Secretary may make such ap- this Act, including the effects of such colloca- ‘‘(4) The Secretary shall determine the terms pointments from among such original members. tion on the quality of care provided at such cen- of service and pay and allowances of the mem- SEC. 334. CENTERS FOR MENTAL ILLNESS RE- ters and clinics. bers of the Committee, except that a term of SEARCH, EDUCATION, AND CLINICAL (B) The effect of such collocation on the ca- service may not exceed two years. The Secretary ACTIVITIES. pacity of such centers and clinics to carry out may reappoint any member for additional terms (a) IN GENERAL.—(1) Subchapter II of chapter their primary mission. of service. 73 is amended by adding after section 7319, as (C) The extent to which such collocation will ‘‘(b)(1) The Secretary shall, on a regular added by section 321(a)(1), the following new impair the operational independence or adminis- basis, consult with and seek the advice of the section: trative integrity of such centers and clinics. Committee with respect to the provision by the (D) The feasibility of combining the services Department of benefits and services to veterans ‘‘§ 7320. Centers for mental illness research, provided by such centers and clinics in the in order to assist veterans in the readjustment to education, and clinical activities course of such collocation. civilian life. ‘‘(a) The purpose of this section is to provide (E) The advisability of the collocation of cen- ‘‘(2)(A) In providing advice to the Secretary for the improvement of the provision of health- ters and clinics of significantly different size. under this subsection, the Committee shall— care services and related counseling services to (F) The effect of the locations (including ‘‘(i) assemble and review information relating eligible veterans suffering from mental illness urban and rural locations) of the centers and to the needs of veterans in readjusting to civil- (especially mental illness related to service-relat- clinics on the feasibility and desirability of such ian life; ed conditions) through— collocation. ‘‘(ii) provide information relating to the na- ‘‘(1) the conduct of research (including re- (G) The amount of any costs savings to be ture and character of psychological problems search on improving mental health service fa- achieved by Department as a result of such col- arising from service in the Armed Forces; cilities of the Department and on improving the location. ‘‘(iii) provide an on-going assessment of the delivery of mental health services by the Depart- (H) Any other matter that the Secretary con- effectiveness of the policies, organizational ment); siders appropriate. structures, and services of the Department in as- ‘‘(2) the education and training of health care (b) REPORT ON PROVISION OF LIMITED HEALTH sisting veterans in readjusting to civilian life; personnel of the Department; and CARE SERVICES AT READJUSTMENT COUNSELING and ‘‘(3) the development of improved models and CENTERS.—(1) Not later than six months after ‘‘(iv) provide on-going advice on the most ap- systems for the furnishing of mental health serv- the date of the enactment of this Act, the Sec- propriate means of responding to the readjust- ices by the Department. retary of Veterans Affairs shall submit to the ment needs of veterans in the future. ‘‘(b)(1) The Secretary shall establish and oper- Committees on Veterans’ Affairs of the Senate ‘‘(B) In carrying out its duties under subpara- ate centers for mental illness research, edu- and House of Representatives a report on the graph (A), the Committee shall take into special cation, and clinical activities. Such centers shall feasibility and desirability of providing a limited account the needs of veterans who have served be established and operated by collaborating De- battery of health care services (including ambu- in a theater of combat operations. partment facilities as provided in subsection latory services and health care screening serv- ‘‘(c)(1) Not later than March 31 of each year, (c)(1). Each such center shall function as a cen- ices) to veterans at Department of Veterans Af- the Committee shall submit to the Secretary a ter for— fairs readjustment counseling centers. report on the programs and activities of the De- ‘‘(A) research on mental health services; (2) The report shall include a discussion of the partment that relate to the readjustment of vet- ‘‘(B) the use by the Department of specific following: erans to civilian life. Each such report shall in- models for furnishing services to treat serious (A) The effect on the advisability of providing clude— mental illness; health care services at readjustment counseling ‘‘(A) an assessment of the needs of veterans ‘‘(C) education and training of health-care centers of the geographic location of such cen- with respect to readjustment to civilian life; professionals of the Department; and ters, including the urban location and rural lo- ‘‘(B) a review of the programs and activities of ‘‘(D) the development and implementation of cation of such centers and the proximity of such the Department designed to meet such needs; innovative clinical activities and systems of care centers to Department of Veterans Affairs medi- and with respect to the delivery of such services by cal facilities. ‘‘(C) such recommendations (including rec- the Department. (B) The effect on the advisability of providing ommendations for administrative and legislative ‘‘(2) The Secretary shall, upon the rec- such services at such centers of the type and action) as the Committee considers appropriate. ommendation of the Under Secretary for Health, level of services to be provided, and the demo- ‘‘(2) Not later than 90 days after the receipt of designate the centers under this section. In graphic characteristics (including age, socio- a report under paragraph (1), the Secretary making such designations, the Secretary shall economic status, ethnicity, and sex) of veterans shall transmit to the Committees on Veterans’ ensure that the centers designated are located in likely to be provided the services. Affairs of the Senate and House of Representa- various geographic regions of the United States. (C) The effect of providing such services at tives a copy of the report, together with any The Secretary may designate a center under this such centers on the readjustment counseling comments and recommendations concerning the section only if— center program in general and on the efficiency report that the Secretary considers appropriate. ‘‘(A) the proposal submitted for the designa- and autonomy of the clinical and administrative ‘‘(3) The Committee may also submit to the tion of the center meets the requirements of sub- operations of the readjustment counseling cen- Secretary such other reports and recommenda- section (c); ters in particular. tions as the Committee considers appropriate. ‘‘(B) the Secretary makes the finding de- (D) Any other matter that the Secretary con- ‘‘(4) The Secretary shall submit with each an- scribed in subsection (d); and siders appropriate. nual report submitted to the Congress pursuant ‘‘(C) the peer review panel established under (c) RULE OF CONSTRUCTION.—Nothing in this to section 529 of this title a summary of all re- subsection (e) makes the determination specified section is intended to preclude the Secretary, ports and recommendations of the Committee in subsection (e)(3) with respect to that pro- during the period before the submission of the submitted to the Secretary since the previous posal. reports under this section, from providing lim- annual report of the Secretary submitted pursu- ‘‘(3) Not more than five centers may be des- ited health care services at Vet Centers. ant to that section. ignated under this section. H12118 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘(4) The authority of the Secretary to estab- paragraph (1) and shall submit to that official (1) A description of the activities carried out lish and operate centers under this section is its views on the relative scientific and clinical at each center and the funding provided for subject to the appropriation of funds for that merit of each such proposal. The panel shall such activities. purpose. specifically determine with respect to each such (2) A description of the advances made at ‘‘(c) A proposal submitted for the designation proposal whether that proposal is among those each of the participating facilities of the center of a center under this section shall— proposals which have met the highest competi- in research, education and training, and clini- ‘‘(1) provide for close collaboration in the es- tive standards of scientific and clinical merit. cal activities relating to mental illness in veter- tablishment and operation of the center, and for ‘‘(4) The panel shall not be subject to the Fed- ans. the provision of care and the conduct of re- eral Advisory Committee Act (5 U.S.C. App.). (3) A description of the actions taken by the search and education at the center, by a De- ‘‘(f) Clinical and scientific investigation ac- Under Secretary for Health pursuant to sub- partment facility or facilities in the same geo- tivities at each center established under this sec- section (h) of that section (as so added) to dis- graphic area which have a mission centered on tion— seminate information derived from such activi- care of the mentally ill and a Department facil- ‘‘(1) may compete for the award of funding ties throughout the Veterans Health Adminis- ity in that area which has a mission of provid- from amounts appropriated for the Department tration. ing tertiary medical care; of Veterans Affairs medical and prosthetics re- (4) The Secretary’s evaluations of the effec- ‘‘(2) provide that no less than 50 percent of search account; and tiveness of the centers in fulfilling the purposes the funds appropriated for the center for sup- ‘‘(2) shall receive priority in the award of of the centers. port of clinical care, research, and education funding from such account insofar as funds are (c) IMPLEMENTATION.—The Secretary of Veter- will be provided to the collaborating facility or awarded to projects and activities relating to ans Affairs shall designate at least one center facilities that have a mission centered on care of mental illness. under section 7320 of title 38, United States the mentally ill; and ‘‘(g) The Under Secretary for Health shall en- Code, not later than January 1, 1998. ‘‘(3) provide for a governance arrangement be- sure that at least three centers designated under SEC. 335. COMMITTEE ON CARE OF SEVERELY tween the collaborating Department facilities this section emphasize research into means of CHRONICALLY MENTALLY ILL VET- which ensures that the center will be established improving the quality of care for veterans suf- ERANS. and operated in a manner aimed at improving fering from mental illness through the develop- (a) ESTABLISHMENT.—Subchapter II of chapter the quality of mental health care at the collabo- ment of community-based alternatives to institu- 73 is amended by adding after section 7320, as rating facility or facilities which have a mission tional treatment for such illness. added by section 334(a)(1), the following new centered on care of the mentally ill. section: ‘‘(d) The finding referred to in subsection ‘‘(h) The Under Secretary for Health shall en- (b)(2)(B) with respect to a proposal for designa- sure that information produced by the research, ‘‘§ 7321. Committee on Care of Severely Chron- tion of a site as a location of a center under this education and training, and clinical activities of ically Mentally Ill Veterans section is a finding by the Secretary, upon the centers established under this section that may ‘‘(a) The Secretary, acting through the Under recommendation of the Under Secretary for be useful for other activities of the Veterans Secretary for Health, shall establish in the Vet- Health, that the facilities submitting the pro- Health Administration is disseminated through- erans Health Administration a Committee on posal have developed (or may reasonably be an- out the Veterans Health Administration. Such Care of Severely Chronically Mentally Ill Veter- ticipated to develop) each of the following: dissemination shall be made through publica- ans. The Under Secretary shall appoint employ- ‘‘(1) An arrangement with an accredited medi- tions, through programs of continuing medical ees of the Department with expertise in the care cal school that provides education and training and related education provided through re- of the chronically mentally ill to serve on the in psychiatry and with which one or more of the gional medical education centers under sub- committee. participating Department facilities is affiliated chapter VI of chapter 74 of this title, and ‘‘(b) The committee shall assess, and carry out under which medical residents receive education through other means. Such programs of con- a continuing assessment of, the capability of the and training in psychiatry through regular ro- tinuing medical education shall receive priority Veterans Health Administration to meet effec- tation through the participating Department fa- in the award of funding. tively the treatment and rehabilitation needs of cilities so as to provide such residents with ‘‘(i) The official within the central office of mentally ill veterans whose mental illness is se- training in the diagnosis and treatment of men- the Veterans Health Administration responsible vere and chronic and who are eligible for health tal illness. for mental health and behavioral sciences mat- care furnished by the Department, including the ‘‘(2) An arrangement with an accredited grad- ters shall be responsible for supervising the op- needs of such veterans who are women. In car- uate program of psychology under which stu- eration of the centers established pursuant to rying out that responsibility, the committee dents receive education and training in clinical, this section and shall provide for ongoing eval- shall— counseling, or professional psychology through uation of the centers and their compliance with ‘‘(1) evaluate the care provided to such veter- regular rotation through the participating De- the requirements of this section. ans through the Veterans Health Administra- partment facilities so as to provide such stu- ‘‘(j)(1) There are authorized to be appro- tion; dents with training in the diagnosis and treat- priated to the Department of Veterans Affairs ‘‘(2) identify systemwide problems in caring ment of mental illness. for the basic support of the research and edu- for such veterans in facilities of the Veterans ‘‘(3) An arrangement under which nursing, cation and training activities of centers estab- Health Administration; social work, counseling, or allied health person- lished pursuant to this section amounts as fol- ‘‘(3) identify specific facilities within the Vet- nel receive training and education in mental lows: erans Health Administration at which program health care through regular rotation through ‘‘(A) $3,125,000 for fiscal year 1998. enrichment is needed to improve treatment and the participating Department facilities. ‘‘(B) $6,250,000 for each of fiscal years 1999 rehabilitation of such veterans; and ‘‘(4) The ability to attract scientists who have through 2001. ‘‘(4) identify model programs which the com- demonstrated achievement in research— ‘‘(2) In addition to funds appropriated for a mittee considers to have been successful in the ‘‘(A) into the evaluation of innovative ap- fiscal year pursuant to the authorization of ap- treatment and rehabilitation of such veterans proaches to the design of mental health services; propriations in paragraph (1), the Under Sec- and which should be implemented more widely or retary for Health shall allocate to such centers in or through facilities of the Veterans Health ‘‘(B) into the causes, prevention, and treat- from other funds appropriated for that fiscal Administration. ment of mental illness. year generally for the Department of Veterans ‘‘(c) The committee shall— ‘‘(5) The capability to evaluate effectively the Affairs medical care account and the Depart- ‘‘(1) advise the Under Secretary regarding the activities of the center, including activities re- ment of Veterans Affairs medical and prosthet- development of policies for the care and reha- lating to the evaluation of specific efforts to im- ics research account such amounts as the Under bilitation of severely chronically mentally ill prove the quality and effectiveness of mental Secretary for Health determines appropriate to veterans; and health services provided by the Department at carry out the purposes of this section.’’. ‘‘(2) make recommendations to the Under Sec- or through individual facilities. (2) The table of sections at the beginning of retary— ‘‘(e)(1) In order to provide advice to assist the chapter 73 is amended by inserting after the item ‘‘(A) for improving programs of care of such Secretary and the Under Secretary for Health to relating to section 7319, as added by section veterans at specific facilities and throughout the carry out their responsibilities under this sec- 321(a)(2), the following new item: Veterans Health Administration; tion, the official within the central office of the ‘‘(B) for establishing special programs of edu- Veterans Health Administration responsible for ‘‘7320. Centers for mental illness research, edu- cation and training relevant to the care of such mental health and behavioral sciences matters cation, and clinical activities.’’. veterans for employees of the Veterans Health shall establish a peer review panel to assess the (b) ANNUAL REPORTS.—Not later than Feb- Administration; scientific and clinical merit of proposals that are ruary 1 of each of 1999, 2000, 2001, and 2002, the ‘‘(C) regarding research needs and priorities submitted to the Secretary for the designation of Secretary of Veterans Affairs shall submit to the relevant to the care of such veterans; and centers under this section. Committees on Veterans’ Affairs of the Senate ‘‘(D) regarding the appropriate allocation of ‘‘(2) The panel shall consist of experts in the and House of Representatives a report on the resources for all such activities. fields of mental health research, education and status and activities during the previous fiscal ‘‘(d)(1) Not later than April 1, 1997, the Sec- training, and clinical care. Members of the year of the centers for mental illness research, retary shall submit to the Committees on Veter- panel shall serve as consultants to the Depart- education, and clinical activities established ans’ Affairs of the Senate and House of Rep- ment. pursuant to section 7320 of title 38, United resentatives a report on the implementation of ‘‘(3) The panel shall review each proposal sub- States Code (as added by subsection (a)). Each this section. The report shall include the follow- mitted to the panel by the official referred to in such report shall include the following: ing: September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12119 ‘‘(A) A list of the members of the committee. clude in the report information on the extent to ‘‘(3) The amount expended by each corpora- ‘‘(B) The assessment of the Under Secretary which the Secretary advises veterans concerning tion during the year, including— for Health, after review of the initial findings of their eligibility for hospice care and information ‘‘(A) the amount expended for salary for re- the committee, regarding the capability of the on the number of veterans (as of the time of the search staff and for salary for support staff; Veterans Health Administration, on a system- report) who are in each model of hospice care ‘‘(B) the amount expended for direct support wide and facility-by-facility basis, to meet effec- described in subsection (c) and the average cost of research; and tively the treatment and rehabilitation needs of per patient of hospice care for each such model. ‘‘(C) if the amount expended with respect to severely chronically mentally ill veterans who SEC. 342. PAYMENT TO STATES OF PER DIEM FOR any payee exceeded $35,000, information that are eligible for Department care. VETERANS RECEIVING ADULT DAY identifies the payee.’’. ‘‘(C) The plans of the committee for further HEALTH CARE. SEC. 344. VETERANS HEALTH ADMINISTRATION assessments. (a) PAYMENT OF PER DIEM FOR VETERANS RE- HEADQUARTERS. ‘‘(D) The findings and recommendations made CEIVING ADULT DAY CARE.—Section 1741 is Section 7306 is amended by adding at the end by the committee to the Under Secretary for amended— the following new subsection: Health and the views of the Under Secretary on (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; ‘‘(f) In organizing the Office and appointing such findings and recommendations. (2) by redesignating paragraphs (1) and (2) as persons to positions in the Office, the Under ‘‘(E) A description of the steps taken, plans subparagraphs (A) and (B), respectively; and Secretary shall ensure that— made (and a timetable for their execution), and (3) by adding at the end the following new ‘‘(1) the Office is staffed so as to provide the resources to be applied toward improving the ca- paragraph (2): Under Secretary, through a designated clinician pability of the Veterans Health Administration ‘‘(2) The Secretary may pay each State per in the appropriate discipline in each instance, to meet effectively the treatment and rehabilita- diem at a rate determined by the Secretary for with expertise and direct policy guidance on— tion needs of severely chronically mentally ill each veteran receiving adult day health care in ‘‘(A) unique programs operated by the Admin- veterans who are eligible for Department care. a State home, if such veteran is eligible for such istration to provide for the specialized treatment ‘‘(2) Not later than February 1, 1998, and Feb- care under laws administered by the Sec- and rehabilitation of disabled veterans (includ- ruary 1 of each of the three following years, the retary.’’. ing blind rehabilitation, care of spinal cord dys- function, mental illness, and long-term care); Secretary shall submit to the Committees on Vet- (b) ASSISTANCE TO STATES FOR CONSTRUCTION and erans’ Affairs of the Senate and House of Rep- OF ADULT DAY CARE FACILITIES.—(1) Section resentatives a report containing information up- 8131(3) is amended by inserting ‘‘adult day ‘‘(B) the programs established under section dating the reports submitted under this sub- health,’’ before ‘‘or hospital care’’. 1712A of this title; and ‘‘(2) with respect to the programs established section before the submission of such report.’’. (2) Section 8132 is amended by inserting under section 1712A of this title, a clinician with (b) CLERICAL AMENDMENT.—The table of sec- ‘‘adult day health,’’ before ‘‘or hospital care’’. appropriate expertise in those programs is re- tions at the beginning of chapter 73 is amended (3) Section 8135(b) is amended— sponsible to the Under Secretary for the man- by inserting after the item relating to section (A) in paragraph (2)(C), by inserting ‘‘or agement of those programs.’’. 7320, as added by section 334(a)(2) the following adult day health care facilities’’ after ‘‘domi- new item: ciliary beds’’; and SEC. 345. DISBURSEMENT AGREEMENTS RELAT- ING TO MEDICAL RESIDENTS AND ‘‘7321. Committee on Care of Severely Chron- (B) in paragraph (3)(A), by inserting ‘‘or con- INTERNS. ically Mentally Ill Veterans.’’. struction (other than new construction) of adult Section 7406(c) is amended— Subtitle D—Other Provisions day health care buildings’’ before the semicolon. (1) by striking out ‘‘Department hospital’’ SEC. 341. HOSPICE CARE STUDY. SEC. 343. RESEARCH CORPORATIONS. each place it appears and inserting in lieu (a) STUDY REQUIRED.—The Secretary of Veter- (a) RENEWAL OF AUTHORITY.—Section 7368 is thereof ‘‘Department facility furnishing hospital ans Affairs shall conduct a research study to amended by striking out ‘‘December 31, 1992’’ care or medical services’’; determine the desirability of the Secretary fur- and inserting in lieu thereof ‘‘December 31, (2) by striking out ‘‘participating hospital’’ in nishing hospice care to terminally ill veterans 2000’’. paragraph (4)(C) and inserting in lieu thereof and to evaluate the most cost effective and effi- (b) CLARIFICATION OF TAX-EXEMPT STATUS.— ‘‘participating facility’’; and cient way to do so. The Secretary shall carry Sections 7361(b) and 7363(c) are amended by (3) by striking out ‘‘hospital’’ both places it out the study using resources and personnel of striking out ‘‘section 501(c)(3) of’’. appears in paragraph (5) and inserting in lieu the Department. (c) PERIODIC AUDITS.—Subsection (b) of sec- thereof ‘‘facility’’. (b) CONDUCT OF STUDY.—In carrying out the tion 7366 is amended by striking out ‘‘The cor- SEC. 346. AUTHORITY TO SUSPEND SPECIAL PAY study required by subsection (a), the Secretary poration’’ in the second sentence and all that AGREEMENTS FOR PHYSICIANS AND follows through ‘‘shall include that report’’ and DENTISTS WHO ENTER RESIDENCY shall— TRAINING PROGRAMS. (1) evaluate the programs, and the program inserting in lieu thereof the following: ‘‘A cor- poration with revenues in excess of $300,000 for Section 7432(b)(2) is amended— models, through which the Secretary furnishes (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and hospice care services within or through facilities any year shall obtain an audit of the corpora- tion for that year. A corporation with annual (2) by adding at the end the following: of the Department of Veterans Affairs and the ‘‘(B) The Secretary may suspend a special pay revenues between $10,000 and $300,000 shall ob- programs and program models through which agreement entered into under this section in the tain an independent audit of the corporation at non-Department facilities provide such services; case of a physician or dentist who, having en- least once every three years. Any audit under (2) assess the satisfaction of patients, and tered into the special pay agreement, enters a the preceding sentences shall be performed by family members of patients, in each of the pro- residency training program. Any such suspen- an independent auditor. The corporation shall gram models covered by paragraph (1); sion shall terminate when the physician or den- include the most recent such audit’’. (3) compare the costs (or range of costs) of tist completes, withdraws from, or is no longer a (d) COMPLIANCE WITH CONFLICT OF INTEREST providing care through each of the program participant in the program. During the period of LAWS AND REGULATIONS.—Subsection (c)(2) of models covered by paragraph (1); and such a suspension, the physician or dentist is section 7366 is amended by striking out ‘‘an an- (4) identify any barriers to providing, procur- not subject to the provisions of paragraph (1).’’. ing, or coordinating hospice services through nual statement signed by the director or em- ployee certifying that the director or’’ and in- SEC. 347. REMUNERATED OUTSIDE PROFES- any of the program models covered by para- SIONAL ACTIVITIES BY VETERANS graph (1). serting in lieu thereof ‘‘a statement signed by HEALTH ADMINISTRATION PERSON- (c) PROGRAM MODELS.—For purposes of sub- the executive director of the corporation certify- NEL. section (b)(1), the Secretary shall evaluate a va- ing that each director and’’. (a) AUTHORITY.—Subsection (b) of section 7423 riety of types of models for delivery of hospice (e) REVISED REPORTING REQUIREMENT.—Sub- is amended— care, including the following: section (d) of section 7366 is amended to read as (1) by striking out paragraph (1); and (1) Direct furnishing of full hospice care by follows: (2) by redesignating paragraphs (2) through the Secretary. ‘‘(d) The Secretary shall submit to the Com- (6) as paragraphs (1) through (5), respectively. (2) Direct furnishing of some hospice services mittees on Veterans’ Affairs of the Senate and (b) CONFORMING AMENDMENT.—Subsection (c) by the Secretary. House of Representatives an annual report on of such section is amended in the matter preced- (3) Contracting by the Secretary for the fur- the corporations established under this sub- ing paragraph (1) by striking out ‘‘subsection nishing of hospice care, with a commitment that chapter. The report shall set forth the following (b)(6)’’ and inserting in lieu thereof ‘‘subsection the Secretary will provide any further required information: (b)(5)’’. hospital care for the patient. ‘‘(1) The location of each corporation. SEC. 348. MODIFICATION OF RESTRICTIONS ON (4) Contracting for all required care to be fur- ‘‘(2) The amount received by each corporation REAL PROPERTY, MILWAUKEE COUN- nished outside the Department. during the previous year, including— TY, WISCONSIN. (5) Referral of the patient for hospice care ‘‘(A) the total amount received; (a) MODIFICATION OF REVERSIONARY INTER- without a contract. ‘‘(B) the amount received from governmental EST.—The Secretary of Veterans Affairs is au- (d) REPORT.—Not later than April 1, 1998, the entities; thorized to execute such instruments as may be Secretary shall submit to the Committees on Vet- ‘‘(C) the amount received from all other necessary to modify the conditions under which erans’ Affairs of the Senate and House of Rep- sources; and the land described in subsection (b) will revert resentatives a report on the research study. The ‘‘(D) if the amount received from a source re- to the United States in order— report shall set forth the Secretary’s findings ferred to in subparagraph (C) exceeded $25,000, (1) to permit Milwaukee County, Wisconsin, to and recommendations. The Secretary shall in- information that identifies the source. grant all or part of such land to another party H12120 CONGRESSIONAL RECORD — HOUSE September 28, 1996 with a condition on such grant that the grantee SEC. 351. REPORT ON HEALTH CARE NEEDS OF Mr. Speaker, I hope that all Members use such land only for civic and recreational VETERANS IN EAST CENTRAL FLOR- will support this bill. IDA. purposes; and Mr. MONTGOMERY. Mr. Speaker, (2) to provide that the conditions under which (a) REPORT REQUIRED.—Not later than 60 days after the date of the enactment of this Act, further reserving the right to object, I title to all or any part of such land reverts to yield to the gentleman from New York the United States are stated so that any such re- the Secretary of Veterans Affairs shall submit to [Mr. SOLOMON], the chairman of the version would occur at the option of the United the Committees on Veterans’ Affairs of the Sen- States. ate and House of Representatives a report on Rules Committee. the health care needs of veterans in east central Mr. SOLOMON. Mr. Speaker, I think (b) DESCRIPTION OF LAND.—The land covered Florida. In preparing the report, the Secretary by this section is the tract of 28 acres of land, we ought to call attention to the gen- shall consider the needs of such veterans for more or less, conveyed to Milwaukee County, tleman that has reserved the right to psychiatric and long-term care. The Secretary Wisconsin, pursuant to the Act entitled ‘‘An Act object. His name happens to be SONNY shall include in the report the Secretary’s views, authorizing the Administrator of Veterans’ Af- MONTGOMERY. He is a man who personi- based on the Secretary’s determination of such fairs to convey certain property to Milwaukee needs, as to the best means of meeting such fies the advocacy for veterans and vet- County, Wisconsin’’, approved August 27, 1954 needs using the amounts appropriated pursuant erans families throughout this country (68 Stat. 866). to the authorization of appropriations in this for so many years in this body. He is (c) GENERAL AUTHORITIES.—The Secretary Act and Public Law 103–452 for projects to meet retiring, he will no longer be with us, may carry out this section subject to such terms the health care needs of such veterans. The Sec- but he will be coming back to keep an and conditions (including reservations of rights retary may, subject to the availability of appro- eye on all of us because he is still going for the United States) as the Secretary considers priations for such purpose, use an independent necessary to protect the interests of the United go stick up for the veterans of this contractor to assist in the determination of such country the way he always has. States. In carrying out this section, the Sec- health care needs. retary may eliminate any existing covenant or I am proud to be the cosponsor of (b) LIMITATION.—The Secretary may not obli- this legislation along with Chairman restriction with respect to the tract of land de- gate any funds, other than for design work, for scribed in subsection (b) which the Secretary de- the conversion of the former Orlando Naval STUMP, because this guarantees the termines to be no longer necessary to protect the Training Center Hospital in Orlando, Florida medical care delivery system for the interests of the United States. (now under the jurisdiction of the Secretary of future for veterans of this country. It SEC. 349. MODIFICATION OF RESTRICTIONS ON Veterans Affairs), to a nursing home care unit is a giant step in the right direction. I REAL PROPERTY, CHEYENNE, WYO- until 45 days after the date on which the report commend you, SONNY, and you, BOB, MING. required by subsection (a) is submitted. and your committees and your staff for (a) MODIFICATION OF REVERSIONARY INTER- SEC. 352. EVALUATION OF HEALTH STATUS OF the great job you did. EST.—The Secretary of Veterans Affairs of Vet- SPOUSES AND CHILDREN OF PER- I thank the gentleman for yielding. erans Affairs is authorized to execute such in- SIAN GULF WAR VETERANS. Mr. MONTGOMERY. Mr. Speaker, struments as may be necessary to modify the (a) EXTENSION OF AUTHORITY.—Subsection (b) further reserving the right to object, I conditions under which the land described in of section 107 of the Persian Gulf War Veterans’ subsection (b) will revert to the United States in Benefits Act (title I of Public Law 103–446; 108 want to thank the gentleman from New order to permit the City of Cheyenne, Wyoming, Stat. 4652; 38 U.S.C. 1117 note) is amended by York [Mr. SOLOMON] and five him a to grant all or part of such land to the First striking out ‘‘September 30, 1996’’ and inserting good salute on the House floor. Cheyenne Federal Credit Union (formerly in lieu thereof ‘‘December 31, 1998’’. Mr. Speaker, I will be brief. Mr. known as the Cheyenne VAF Federal Credit (b) RATIFICATION OF ACTIONS.—Any diag- Speaker, this is a very important bill. Union) with a condition on such grant that the nostic testing and medical examinations under- I want to commend our Chairman BOB First Cheyenne Federal Credit Union use such taken by the Secretary of Veterans Affairs for STUMP who has be a fair chairman, we land only for the purpose of constructing a the purpose of the study required by subsection have worked well together, and also building to house its operations. (a) of such section during the period beginning the chairman and ranking member of on October 1, 1996, and ending on the date of (b) DESCRIPTION OF LAND.—The land covered the Subcommittee on Hospitals and by this section is the tract of 27 acres of land, the enactment of this Act is hereby ratified. Health Care, the gentleman from Ar- more or less, conveyed to the City of Cheyenne, Mr. STUMP (during the reading). Mr. kansas, Mr. HUTCHINSON and the gen- Wyoming, pursuant to the Act entitled ‘‘An Act Speaker, I ask unanimous consent that tleman from Texas, Mr. EDWARDS. authorizing the Administrator of Veterans’ Af- the Senate amendments be considered fairs to convey certain property to the City of Mr. Speaker, this bill opens up the Cheyenne, Wyoming’’, approved November 8, as read and printed in the RECORD. eligibility more for veterans to get 1965 (79 Stat. 1304). The SPEAKER pro tempore. Is there into our veterans hospitals and be (c) TERMS OF REVERSIONARY INTEREST.—In objection to the request of the gen- treated. carrying out this section, the Secretary may tleman from Arizona? Throughout this Congress, veterans have cause the statement of the conditions under There was no objection. called on our committee to adopt eligibility re- which title to all or any part of the land de- The SPEAKER pro tempore. Is there form. That has been their highest priority, and scribed in subsection (b) reverts to the United objection to the original request of the we have pledged to achieve that goal. The States to be revised so that any such reversion gentleman from Arizona? would occur at the option of the United States. House has, in fact, twice passed eligibility re- Mr. MONTGOMERY. Mr. Speaker, re- form legislation. But today we join hands with (d) GENERAL AUTHORITIES.—The Secretary serving the right to object, and I will may carry out this section subject to such terms our colleagues in the Senate, and take up a and conditions (including reservations of rights not object, I yield to the gentleman compromise bill. This bill, the Veterans' Health for the United States) as the Secretary considers from Arizona so he can explain this Care Eligibility Reform Act of 1996, is land- necessary to protect the interests of the United bill. mark legislation. It not only reforms outdated States. In carrying out this section, the Sec- (Mr. STUMP asked and was given rules on when and how VA can care for a vet- retary may eliminate any existing covenant or permission to revise and extend his re- eran, but gives VA important new tools both to restriction with respect to the tract of land de- marks.) scribed in subsection (b) which the Secretary de- streamline and strengthen its health care sys- Mr. STUMP. Mr. Speaker, I thank tem. termines to be no longer necessary to protect the the gentleman from Mississippi for interests of the United States. Many, many veterans rely on VA for careÐ yielding. from the spinal cord injured World War II vet- SEC. 350. NAME OF DEPARTMENT OF VETERANS Mr. Speaker, the House-Senate agree- AFFAIRS MEDICAL CENTER, JOHN- eran to women veterans of the Persian gulf SON CITY, TENNESSEE. ment, which produced this legislation, war. With this bill, we make it easier for them (a) NAME.—The Mountain Home Department includes provisions from several bills to get VA care, and provide them greater as- of Veterans Affairs Medical Center in Johnson passed by the House during the 104th surance that the VA health care system of to- City, Tennessee, shall after the date of the en- Congress. morrow will be an even better system than the actment of this Act be known and designated as These bills are H.R. 1384, to allow VA one that serves them today. the ‘‘James H. Quillen Department of Veterans employees to work outside the VA; I urge my colleagues to support this com- Affairs Medical Center’’. Any reference to such H.R. 3376, VA major medical construc- promise agreement. medical center in any law, regulation, map, doc- tion authorization; H.R. 3643, expiring ument, record, or other paper of the United Mr. Speaker, further reserving the States shall be considered to be a reference to authorities legislation; and, of course, right to object, I yield to the gen- the James H. Quillen Department of Veterans H.R. 3118, the Veterans’ Health Care tleman from Texas [Mr. EDWARDS]. Affairs Medical Center. Eligibility Reform Act of 1996, the one Mr. EDWARDS. Mr. Speaker, I thank (b) EFFECTIVE DATE.—Subsection (a) shall we have all worked so hard on for sev- the gentleman for yielding to me. I will take effect at noon on January 3, 1997. eral years. be brief. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12121 I think I would be remiss if I did not There was no objection. not object, I yield to the gentleman say that this was landmark legislation f from Arizona to explain the bill. in the waning hours of this session of b Mr. STUMP. Mr. Speaker, I thank Congress, and I want to congratulate 2230 the gentleman for yielding me time. the gentleman from Arizona [Mr. VETERANS’ COMPENSATION COST- Mr. Speaker, H.R. 3458, as amended, STUMP] and the gentleman from Mis- OF-LIVING ADJUSTMENT ACT OF the COLA bill, increases the rates of sissippi [Mr. MONTGOMERY], because in 1996 compensation for veterans with service a Congress that has sometimes been Mr. STUMP. Mr. Speaker, I ask connected disabilities and the rates of very difficult, they have shown us that unanimous consent to take from the dependency and indemnity compensa- even in difficult times, civility can pre- Speaker’s table the bill (H.R. 3458) to tion for the survivors of certain dis- vail. increase, effective as of December 1, abled veterans. Mr. Speaker, I think it is appropriate 1996, the rates of compensation for vet- The increase would be effective on that in the 104th Congress where we erans with service-connected disabil- December 1, 1996, and would be the have freely exercised our freedom of ities and the rates of dependency and same percentage increase as applied to speech on both sides of the aisle, that indemnity compensation for the survi- Social Security benefits. we finish this Congress by passing vors of certain disabled veterans, with I would like to take a minute to major legislation to honor those who Senate amendments thereto, and con- thank Chairman SIMPSON and Senator have fought and been willing to give cur in the Senate amendments. ROCKEFELLER and their staff for all of their life to protect that freedom of The Clerk read the title of the bill. the hard work done on this and the two speech, both on the floor of this House The Clerk read the Senate amend- veterans bills just passed. and for all Americans across this coun- ments, as follows: I also want to thank all our sub- try. This legislation is a first step, not Senate amendments: committee chairman and ranking a last step. Strike out all after the enacting clause and members on the VA Committee for Mr. Speaker, I will finish by saying insert: their hard work and bipartisan ap- that this is landmark legislation. It is SECTION 1. SHORT TITLE. proach on our legislation this Con- not the final step in the effort toward This Act may be cited as the ‘‘Veterans’ gress. increasing care for our veterans, but it Compensation Cost-of-Living Adjustment In addition, I want to thank the staff is a major step, a significant step that Act of 1996’’. members of the House Veterans’ Af- would not have happened had it not SEC. 2. INCREASE IN COMPENSATION RATES AND fairs Committee for their support, hard been for the leadership of the gen- LIMITATIONS. (a) IN GENERAL.—(1) the Secretary of Vet- work and willingness to do things in a tleman from Arizona [Mr. STUMP] and erans Affairs shall, as provided in paragraph bipartisan manner. the gentleman from Mississippi [Mr. (2), increase, effective December 1, 1996, the The veterans’ service organizations MONTGOMERY]. I want to express my rates of and limitations on Department of have worked well with us on these bills thanks to both the gentlemen for their Veterans Affairs disability compensation and we appreciate their assistance and efforts on our veterans’ behalf. and dependency and indemnity compensa- cooperation as well. I must take just a Finally, this is a win-win, not only tion. moment to express my deep apprecia- (2) The Secretary shall increase each of the for our veterans who will have simpler tion and sincere thanks to the gen- eligibility rules; they will know wheth- rates and limitations in sections 1114, 1115(1), 1162, 1311, 1313, and 1314 of title 38, United tleman from Mississippi and my good er they can get VA care or not, but States Code, that were increased by the friend SONNY MONTGOMERY, the rank- they will also be able to get outpatient amendments made by the Veterans’ Com- ing minority member of the full com- care more easily. But it is a win also pensation Cost-of-Living Adjustment Act of mittee for his work on this measure, for our taxpayers because by providing 1995 (Public Law No. 104–57; 109 Stat. 555). the final veterans bill to be passed dur- outpatient care rather than more ex- This increase shall be made in such rates and ing his career in the House. Without pensive inpatient care, our taxpayers limitations as in effect on November 30, 1996, his efforts these bills would not be on and shall be by the same percentage that will win from this major legislation. the floor today. To the gentleman from New York benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are And Mr. Speaker, without his leader- [Mr. SOLOMON] also, the chairman of increased effective December 1, 1996, as a re- ship on veterans’ issues over the past 30 the Committee on Rules, I want to ex- sult of a determination under section 215(i) years this country would not have ful- press my thanks to him for helping of such Act (42 U.S.C. 415(i)). filled its obligation to our veterans of this bill become the law of the land at (b) SPECIAL RULE.—The Secretary may ad- military service the way we have. the end of this session. just administratively, consistent with the SONNY MONTGOMERY’S commitment To all, this is a great piece of legisla- increases made under subsection (a)(2), the and dedication to the men and women tion. It is a great day for our veterans. rates of disability compensation payable to persons within the purview of section 10 of serving in our Armed Forces has right- Certainly they have earned this right fully earned him the title ‘‘Mr. Vet- to receive the care that they were will- Public Law 85–857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant eran’’. ing to give their lives for our Nation to chapter 11 of title 38, United States Code. The members of the National Secu- for. (c) PUBLICATION REQUIREMENT.—At the rity Committee and the Veterans’ Af- Mr. MONTGOMERY. Mr. Speaker, I same time as the matters specified in section fairs Committee will miss his energetic thank the gentleman from Texas. 215(i)(2)(D) of the Social Security Act (42 support for those individuals wearing Mr. Speaker, I withdraw my reserva- U.S.C. 415(i)(2)(D)) are required to be pub- our country’s uniform and those who tion of objection. lished by reason of a determination made The SPEAKER pro tempore. Is there under section 215(i) of such Act during fiscal have worn it. objection to the original request of the year 1996, the Secretary shall publish in the I will personally miss his friendship gentleman from Arizona? Federal Register the rates and limitations and counsel over the many years we There was no objection. referred to in subsection (a)(2) as increased have served together in this body. A motion to reconsider was laid on under this section. We wish this great legislator and the table. Mr. STUMP (during the reading). Mr. champion of veterans the very best in f Speaker, I ask unanimous consent that all his future endeavors. the Senate amendments be considered I hope all Members will support this GENERAL LEAVE as read and printed in the record. bill and I ask unanimous consent to re- Mr. STUMP. Mr. Speaker, I ask The SPEAKER pro tempore. Is there vise and extend my remarks and that unanimous consent that all Members objection to the request of the gen- all members may have 5 legislative may have 5 legislative days within tleman from Arizona? days to revise and extend their re- which to revise and extend their re- There was no objection. marks on H.R. 3458, as amended. marks on the Senate amendments to The SPEAKER pro tempore. Is there Mr. MONTGOMERY. Mr. Speaker, H.R. 3118. objection to the original request of the further reserving the right to object, The SPEAKER pro tempore. Is there gentleman from Arizona? Mr. Chairman, BOB STUMP, thank you objection to the request of the gen- Mr. MONTGOMERY. Mr. Speaker, re- for the great ride. We have been to- tleman from Arizona? serving the right to object, and I will gether on a nonpartisan committee for H12122 CONGRESSIONAL RECORD — HOUSE September 28, 1996 many years, and I thank the gentleman This bill repeals the Davenport ver- Senate provisions. Notably, it is the culmina- for his very, very kind words and wish sus Brown decision by reestablishing tion of fine bipartisan work that is the hallmark him the best. the long-standing requirement that a of our two Veterans Affairs Committees. Mr. Speaker, I want to begin by veteran’s employment handicap be the I wish to extend to the chairman, Mr. thanking the chairman of the commit- result of a service connected disability STUMP, and to his dear friend the ranking tee, BOB STUMP, for working with the in order to qualify for vocational reha- member, Mr. MONTGOMERY, my thanks for Senate to bring this bill to the floor bilitation benefits. their leadership on this legislation. today. I also want to recognize the It uses the savings from that provi- I would be remiss if I did not recognize the hard work of the chairman and ranking sion to make improvements to several efforts of my colleagues on the Veterans Af- member of the Subcommittee on Com- education and survivors benefits pro- fairs Committee for their contributionsÐand in- pensation, Pension, Insurance, and Me- grams. terestÐin this legislation. morial Affairs, TERRY EVERETT and I hope all Members will support this The bill contains several notable provisions LANE EVANS. bill. that will enhance a wide variety of benefits I am pleased that the Senate has sent Mr. MONTGOMERY. Mr. Speaker, and will spend about $209 million over the this very important bill over for final further reserving the right to object, I next 6 years. I will address the provisions that action. yield to the gentleman from New York fall within the jurisdiction of my subcommittee. H.R. 3458, as amended, is a bill that [Mr. SOLOMON]. Section 101 overrides the Court of Veterans millions of veterans and the spouses of Mr. SOLOMON. Mr. Speaker, again, I Appeals decision in Davenport versus Brown veterans who died of a service-con- just want to commend the gentleman by reestablishing the long-standing require- nected cause depend on the Congress to from Arizona, Chairman STUMP, and ment that a veterans's employment handicap enact. Each time we do so, we reaffirm certainly the ranking member, the gen- be the result of a service-connected disability our commitment to these disabled vet- tleman from Mississippi, SONNY MONT- in order to qualify for vocational rehabilitation erans and the survivors of veterans. GOMERY. This is a very vital piece of benefits. Many of these beneficiaries depend on legislation. It is timely, and it also ex- Section 102 would make permanent the pro- their monthly VA check to pay their tends the date of the Vietnam era to gram to provide GI bill funding for veterans rent and feed their families. February 28, 1961, and it extends eligi- enrolled in programs designed to certify teach- My colleagues can understand that bility for certain health benefits to ers through nontraditional educational institu- even modest increases in food and those serving on or after January 9, tions. housing costs must be addressed by 1962. As you know, some Vietnam vet- Section 103 removes the GI bill's 2-year re- providing cost-of-living increases to erans have been excluded, and they striction on all degree granting institutions, in- these veterans, who have earned our re- never should have been. This makes cluding branch campuses. Section 104 would allow individuals the op- spect and assistance. that correction after all these years. I portunity to pursue their educational programs Mr. Speaker, I urge my colleagues to thank both gentlemen for having in- through open circuit TV without taking part of support this bill. cluded it in their legislation. the course in residence. Mr. Speaker, I withdraw my reserva- Mr. MONTGOMERY. Mr. Speaker, Section 105 allows veterans training under tion of objection. further reserving the right to object, I cooperative training programs to be paid full- The SPEAKER pro tempore. Is there yield to the gentleman from Indiana time educational benefits instead of the cur- objection to the original request of the [Mr. BUYER]. rent 80 percent of the full-time educational gentleman from Arizona? Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding. benefit rate. There was no objection. Section 106 will allow active duty service Mr. Speaker, I rise in strong support A motion to reconsider was laid on members to transfer from the old Post-Viet- of this legislation. This is a consolida- the table. nam Era Education Assistance Program tion of several bills that passed the f [VEAP] to the more generous Montgomery GI House, including H.R. 2289, H.R. 3673, bill (chapter 30). Under VEAP, a veteran could VETERANS’ BENEFITS and H.R. 3674. They are all combined expect a maximum benefit of $8,100. Under IMPROVEMENTS ACT OF 1996 with several of the Senate provisions. the Montgomery GI bill, a veteran can expect Mr. STUMP. Mr. Speaker, I ask Notably, this is a culmination of fine a minimum of about $15,500 for a 3-year en- unanimous consent to take from the bipartisan work that is a hallmark of listment. Speaker’s table the Senate bill (S. 1711) our two Veterans’ Affairs Committees. Section 107 will offer active duty Army and to amend title 38, United States Code, Mr. Speaker, it has been a pleasure Air Force National Guard members who en- to improve the benefits programs ad- to serve under the gentleman from Ari- listed between June 30, 1985, and November ministered by the Secretary of Veter- zona, Chairman BOB STUMP, and former 29, 1989, and who were not eligible for any ans Affairs, to provide for a study of chairman and now ranking member of sort of education benefit the opportunity to the Federal programs for veterans and the Committee on Veterans Affairs, the participate in the Montgomery GI bill. for other purposes, and ask for its im- gentleman from Mississippi, SONNY Section 201 extends VA's authority to guar- mediate consideration in the House. MONTGOMERY. SONNY, all of us in this antee the real estate mortgage investment The Clerk read the title of the Senate body are going to miss you. You are a conduits [REMIC's] that are used to market bill. true American hero, and a role model vendee loans on the secondary market for an The SPEAKER pro tempore. Is there of honor and integrity for many in this additional year. objection to the request of the gen- country. Section 202 authorizes VA to refinance di- tleman from Arizona? I have been at so many receptions rect loans to native Americans. Mr. MONTGOMERY. Mr. Speaker, re- that honor you, SONNY, the only thing Section 301 would require that Regional Ad- serving the right to object, I yield to left is either to create a statue or make ministrators be veterans. the gentleman from Arizona [Mr. a bronze something out there. I am Section 302 would authorize broadening the STUMP] to explain the bill. afraid the pigeons might do something duties of support personnel assigned to the of- Mr. STUMP. Mr. Speaker, I thank I disagree with. We will do things to fices of VETS State Directors for Veterans the gentleman for yielding. continue your legends in this body. Employment and Training. Mr. Speaker, the provisions of this This is a great bill in bipartisan fash- Section 303 would authorize the Secretary bill come from both House and Senate- ion. We are going to spend about $202 of Labor to conduct a pilot program in five passed initiatives during the 104th Con- million in this bill to enhance and im- States under which the primary responsibilities gress to enhance, improve, and con- prove veterans benefits, and we are of Local Veterans Employment Representa- tinue many veterans benefits. doing the right thing for America’s he- tives [LVER's] would be case management The bill makes positive changes to roes. I appreciate you service, SONNY, and the provision of direct employment and the administrative functions within as does America. training services to veterans. the VA education service, the National Mr. Speaker, I rise in support of S. 1711, Subtitle B of title III of the bill provides for Cemetery System, the VA life insur- which is a consolidation of several bills passed a series of technical amendments regarding ance program, and the Veterans Bene- by the House including H.R. 2289, H.R. 3673, the Uniformed Service Employment and Re- fits Administration. and H.R. 3674, and are combined with several employment Rights Act of 1994 and greatly September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12123 clarifies the rights and responsibilities of veter- erans compensation or pension pay- TITLE III—EMPLOYMENT AND TRAINING ans and their employers. ments for the month in which the vet- Subtitle A—Veterans’ Employment and Section 510 would prohibit VA from moving eran dies. Training the Education Service headquarters functions I want to thank Congressman STEVE Sec. 301. Regional Administrator. out of the District of Columbia prior to January BUYER and TERRY EVERETT, the chair- Sec. 302. Support personnel for Directors of 1, 1998. I want to emphasize that the bill does man of the two subcommittees that Veterans’ Employment and not prevent VA from downsizing the education have jurisdiction over this bill, and Training. Sec. 303. Pilot program to integrate and staff or meeting any of the goals of the Gov- Representative LANE EVANS and BOB streamline functions of local ernment Performance Review Act. The bill FILNER. the ranking Democratic mem- veterans’ employment rep- was introduced as H.R. 3036 by the ranking bers of these subcommittees. They resentatives. member, Mr. MONTGOMERY, and cosponsored worked very hard throughout this Con- Subtitle B—Technical Amendments Relating by the chairman, myself, and Ms. WATERS. It gress and I commend them for the bill to the Uniformed Services Employment received strong support from the VSO's during which we are now considering. and Reemployment Rights Act of 1994 the hearing. Mr. Speaker, I want to express my Sec. 311. Amendments to chapter 43 of title Seciton 601 extends the Homeless Veterans sincere thanks to my good friend, BOB 38, United States Code. Reintegration Project [HVRP] through fiscal STUMP, for his hard work on this legis- Sec. 312. Amendments to transition rules year 1998 and authorizes appropriations in the lation. As important, I want to thank and effective dates. Sec. 313. Effective dates. amount of $10 million per year. The Homeless BOB for his effective and bipartisan Veterans Reintegration Project is a Veterans leadership of the Veterans’ Affairs TITLE IV—VETERANS LIFE INSURANCE PROGRAMS Employment and Training Service Program to Committee during the 104th Congress. assist homeless veterans with finding employ- He continued the 50-year tradition of a Sec. 401. Short title. Sec. 402. Merger of Retired Reserve ment. committee motivated by a desire to Title VII of the bill establishes a Commission Servicemembers’ Group Life In- strengthen and improve the rights and surance and Veterans’ Group on Servicemembers and Veterans Transition benefits earned by our Nation’s veter- Life Insurance and extension of Assistance to assess the effectiveness of all ans. Veterans’ Group Life Insurance veterans readjustment opportunity programs. Mr. Speaker, I hope my colleagues to members of the Ready Re- The Commission will evaluate proposals for will join me in supporting this legisla- serve. improving programs; and recommend to Con- tion. Sec. 403. Conversion of SGLI and VGLI to gress actions of ensuring the continuing utility Mr. Speaker, I withdraw my reserva- commercial life insurance pol- of readjustment programs. icy. tion of objection. Sec. 404. Information to be provided mem- This is virtually our only opportunity to make The SPEAKER pro tempore. Is there these kinds of program improvements. These bers concerning automatic objection to the request of the gen- maximum coverage of $200,000 are good provisions that will make a difference tleman from Arizona? under Servicemen’s Group Life in the lives of thousands of veterans and their There is no objection. Insurance. survivors. Its a bipartisan bill and I thank all The Clerk read the Senate bill, as fol- Sec. 405. Renaming of Servicemen’s Group the Members on both sides of the aisle for lows: Life Insurance program. their support. I urge my colleagues to support S. 1711 Sec. 406. Technical amendment. the bill. Be it enacted by the Senate and House of Rep- TITLE V—DEPARTMENT OF VETERANS Mr. MONTGOMERY. Mr. Speaker, I resentatives of the United States of America in AFFAIRS ADMINISTRATIVE MATTERS want to thank the gentleman from In- Congress assembled, Sec. 501. Revision of authority relating to diana. We are working on that statute SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Centers for Minority Veterans down in Mississippi. Do not worry (a) SHORT TITLE.—This Act may be cited as and Women Veterans. about it too much. the ‘‘Veterans’ Benefits Improvements Act of Sec. 502. Limitation on clothing allowance Mr. Speaker, I rise in strong support 1996’’. for incarcerated veterans. Sec. 503. Extension of Veterans’ Claims Ad- of the House amendment to S. 1711. (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: judication Commission. This measure will strengthen and im- Sec. 504. Pilot program for use of contract Sec. 1. Short title; table of contents. prove the Montgomery GI Bill by ex- physicians for disability exami- Sec. 2. References to title 38, United States panding educational opportunities for nations. Code. veteran students. I am particularly Sec. 505. Expansion of period of Vietnam era pleased that the bill includes a provi- TITLE I—EDUCATION BENEFITS for certain veterans. sion which will enable many VEAP-eli- Sec. 101. Employment handicap for which an Sec. 506. Payment of benefit to surviving gible active duty servicemembers to individual may receive training spouse for month in which vet- and rehabilitation assistance. eran dies. switch to the more generous Montgom- Sec. 102. Permanent authority for alter- Sec. 507. Increase in period for which ac- ery GI Bill. Additionally, the amend- native teacher certification crued benefits payable. ment includes provisions which will programs. Sec. 508. Appointment of veterans service strengthen veterans’ reemployment Sec. 103. Period of operation for approval. organizations as claimants’ rep- rights and improve employment serv- Sec. 104. Elimination of distinction between resentatives. ices for veterans. open circuit TV and independ- Sec. 509. Provision of copies of Board of Vet- Of particular importance to the con- ent study. erans’ Appeals decisions. Sec. 105. Cooperative programs. tinuing effective administration of vet- Sec. 510. Limitation on relocation or reduc- Sec. 106. Enrollment of certain VEAP par- tion in staffing of certain ele- erans’ education programs is the provi- ticipants in Montgomery GI ments of the Education Service sion which forbids the transfer of Edu- Bill. of the Veterans Benefits Ad- cation Service personnel now located Sec. 107. Montgomery GI Bill eligibility for ministration. in Central Office. It should be noted certain active duty members of TITLE VI—OTHER MATTERS Army and Air National Guard. that it is our intent that this restric- Sec. 601. Extension of certain authorities for TITLE II—HOUSING AND MEMORIAL tion include the Director of the Edu- services for homeless veterans. cation Service and the Director’s im- AFFAIRS Sec. 602. Repair and long-term maintenance mediate staff. Subtitle A—Housing of war memorials. Also included in this bill are several Sec. 201. Extension of enhanced loan asset TITLE VII—COMMISSION ON SERVICE- provisions which are designed to im- sale authority. MEMBERS AND VETERANS TRANSI- prove the administration of veterans Sec. 202. Direct loans to refinance loans TION ASSISTANCE under Native American veteran Sec. 701. Establishment of Commission. benefits and make them easier for vet- housing loan pilot program. erans to use. Sec. 702. Duties of Commission. One provision allows the VA to pay 2 Subtitle B—Memorial Affairs Sec. 703. Powers of Commission. years in back benefits to the survivor Sec. 211. Clarification of eligibility of mi- Sec. 704. Miscellaneous administrative pro- nors for burial in national visions. of a veteran whose claim is allowed cemeteries. Sec. 705. Commission personnel matters. after his or her death. Sec. 212. Burial benefits for certain veterans Sec. 706. Termination of Commission. Another important provision allows who die in State nursing homes. Sec. 707. Definitions. the surviving spouse to retain the vet- Sec. 213. Outer burial receptacles. Sec. 708. Funding. H12124 CONGRESSIONAL RECORD — HOUSE September 28, 1996 SEC. 2. REFERENCES TO TITLE 38, UNITED (A) in subsection (a), by striking out ‘‘de- and applications seeking to reopen, revise, STATES CODE. scribed in clause (i) or (ii) of section reconsider, or otherwise adjudicate or re- Except as otherwise expressly provided, 3102(1)(A) of this title’’ and inserting in lieu adjudicate on any basis claims for services whenever in this Act an amendment or re- thereof ‘‘rated at 10 percent or more’’; and assistance under such chapter. peal is expressed in terms of an amendment (B) in subsection (b), by striking out SEC. 102. PERMANENT AUTHORITY FOR ALTER- to or repeal of a section or other provision, ‘‘counseling in accordance with’’; NATIVE TEACHER CERTIFICATION the reference shall be considered to be made (C) in subsection (c), by striking out ‘‘with PROGRAMS. to a section or other provision of title 38, extended’’ and inserting in lieu thereof ‘‘with Subsection (c) of section 3452 is amended United States Code. an extended’’; and by striking out ‘‘For the period ending on TITLE I—EDUCATION BENEFITS (D) by redesignating subsections (d) and (e) September 30, 1996, such’’ and inserting in SEC. 101. EMPLOYMENT HANDICAP FOR WHICH as subsections (e) and (f), respectively, and lieu thereof ‘‘Such’’. AN INDIVIDUAL MAY RECEIVE inserting after subsection (c) the following SEC. 103. PERIOD OF OPERATION FOR AP- TRAINING AND REHABILITATION AS- new subsection: PROVAL. SISTANCE. ‘‘(d) In any case in which the Secretary has (a) IN GENERAL.—(1) Chapter 36 is amend- (a) DEFINITIONS.—Section 3101 is amended— determined that a veteran has a serious em- ed— (1) in paragraph (1), by inserting ‘‘, result- ployment handicap and also determines, fol- (A) by striking out section 3689; and ing in substantial part from a disability de- lowing such initial and any such extended (B) by striking out the item relating to scribed in section 3102(1)(A) of this title,’’ evaluation, that achievement of a vocational section 3689 in the table of sections at the be- after ‘‘impairment’’; goal currently is not reasonably feasible, the ginning of such chapter. (2) in paragraph (6), by inserting ‘‘author- Secretary shall determine whether the vet- (2) Subparagraph (C) of section 3680A(d)(2) ized under section 3120 of this title’’ after eran is capable of participating in a program is amended by striking out ‘‘3689(b)(6) of this ‘‘assistance’’; and of independent living services and assistance title’’ and inserting in lieu thereof ‘‘sub- (3) in paragraph (7), by inserting ‘‘, result- under section 3120 of this title.’’. section (g)’’. ing in substantial part from a service-con- (2) Chapter 31 is amended— (b) DISAPPROVAL OF ENROLLMENT IN CER- nected disability rated at 10 percent or (A) in section 3107(c)(2), by striking out TAIN COURSES.—Section 3680A is amended by more,’’ after ‘‘impairment’’. ‘‘3106(e)’’ and inserting in lieu thereof adding after subsection (d) the following new (b) BASIC ENTITLEMENT.—Section 3102 is ‘‘3106(f)’’; subsections: amended— (B) in section 3109, by striking out ‘‘(e) The Secretary may not approve the (1) in paragraph (1)(A)(i), by striking out ‘‘3106(d)’’ and inserting in lieu thereof enrollment of an eligible veteran in a course ‘‘which is’’ and all that follows through ‘‘3106(e)’’; not leading to a standard college degree of- ‘‘chapter 11 of this title and’’ and inserting (C) in section 3118(c), by striking out fered by a proprietary profit or proprietary in lieu thereof ‘‘rated at 20 percent or more’’; ‘‘3106(e)’’ and inserting in lieu thereof nonprofit educational institution if— (2) in paragraph (2)(A), by striking out ‘‘3106(f)’’; and ‘‘(1) the educational institution has been ‘‘which is’’ and all that follows through operating for less than two years; ‘‘chapter 11 of this title and’’ and inserting (D) in section 3120(b), by striking out ‘‘3106(d)’’ and inserting in lieu thereof ‘‘(2) the course is offered at a branch of the in lieu thereof ‘‘rated at 10 percent’’; and educational institution and the branch has (3) by amending paragraph (2)(B) to read as ‘‘3106(d) or (e)’’. (g) ALLOWANCES.—Section 3108 is amend- been operating for less than two years; or follows: ed— ‘‘(3) following either a change in ownership ‘‘(B) is determined by the Secretary to be (1) in subsection (a)(2), by striking out or a complete move outside its original gen- in need of rehabilitation because of a serious ‘‘following the conclusion of such pursuit’’ eral locality, the educational institution employment handicap.’’. does not retain substantially the same fac- (c) PERIODS OF ELIGIBILITY.—Section 3103 is and inserting in lieu thereof ‘‘while satisfac- amended— torily following a program of employment ulty, student body, and courses as before the (1) in subsection (b)(3), by striking out ‘‘de- services provided under section 3104(a)(5) of change in ownership or the move outside the scribed in section 3102(1)(A)(i) of this title’’ this title’’; and general locality (as determined in accord- and inserting in lieu thereof ‘‘rated at 10 per- (2) in subsection (f)(1)— ance with regulations the Secretary shall cent or more’’; (A) in subparagraph (A)— prescribe) unless the educational institution (2) in subsection (c)— (i) by inserting ‘‘eligible for and’’ after following such change or move has been in (A) in the matter preceding paragraph (1), ‘‘veteran is’’; operation for at least two years. by striking out ‘‘particular’’ and inserting in (ii) by striking out ‘‘chapter 30 or 34’’ and ‘‘(f) The Secretary may not approve the en- lieu thereof ‘‘current’’; and inserting in lieu thereof ‘‘chapter 30’’; and rollment of an eligible veteran in a course as (B) in paragraph (2), by striking out ‘‘vet- (iii) by striking out ‘‘either chapter 30 or a part of a program of education offered by eran’s employment’’ and inserting in lieu chapter 34’’ and inserting in lieu thereof an educational institution if the course is thereof ‘‘veteran’s current employment’’; ‘‘chapter 30’’; and provided under contract by another edu- and (B) in subparagraph (B), by striking out cational institution or entity and— (3) in subsection (d), by striking out ‘‘chapter 30 or 34’’ and inserting in lieu ‘‘(1) the Secretary would be barred under ‘‘under this chapter’’ and inserting in lieu thereof ‘‘chapter 30’’. subsection (e) from approving the enrollment thereof ‘‘in accordance with the provisions of (h) EMPLOYMENT ASSISTANCE.—Paragraph of an eligible veteran in the course of the section 3120 of this title’’. (1) of section 3117(a) is amended by inserting educational institution or entity providing (d) SCOPE OF SERVICES AND ASSISTANCE.— ‘‘rated at 10 percent or more’’ after ‘‘disabil- the course under contract; or Section 3104 is amended— ity’’. ‘‘(2) the educational institution or entity (1) in subsection (a)— (i) PROGRAM OF INDEPENDENT LIVING SERV- providing the course under contract has not (A) in paragraph (1)— ICES AND ASSISTANCE.—Section 3120 is obtained approval for the course under this (i) by striking out ‘‘such veteran’s disabil- amended— chapter. ity or disabilities cause’’ and inserting in (1) in subsection (b), by striking out ‘‘serv- ‘‘(g) Notwithstanding subsections (e) and lieu thereof ‘‘the veteran has an employment ice-connected disability described in section (f), the Secretary may approve the enroll- handicap or’’; and 3102(1)(A)’’ and inserting in lieu thereof ‘‘se- ment of an eligible veteran in a course ap- (ii) by inserting ‘‘reasonably’’ after ‘‘goal rious employment handicap resulting in sub- proved under this chapter if the course is of- is’’; stantial part from a service-connected dis- fered by an educational institution under (B) in paragraph (7)(A)— ability described in section 3102(1)(A)(i)’’; contract with the Department of Defense or (i) by striking out ‘‘(i)’’; and and the Department of Transportation and is (ii) by striking out ‘‘, and (ii)’’ and all that (2) in subsection (d), by striking out ‘‘and given on or immediately adjacent to a mili- follows through ‘‘such Act’’; and (b)’’. tary base, Coast Guard station, National (C) in paragraph (12), by striking out ‘‘For (j) EFFECTIVE DATE.—(1) Except as provided Guard facility, or facility of the Selected Re- the most severely disabled veterans requir- in paragraph (2), the amendments made by serve.’’. ing’’ and inserting in lieu thereof ‘‘For veter- this section shall take effect on the date of (c) APPROVAL OF ACCREDITED COURSES.— ans with the most severe service-connected the enactment of this Act. Subsection (b) of section 3675 is amended to disabilities who require’’; and (2) The amendments made by subsection read as follows: (2) by striking out subsection (b) and redes- (a) (other than paragraph (2)), subsection (d) ‘‘(b) As a condition of approval under this ignating subsection (c) as subsection (b). (other than subparagraphs (A) and (B) of section, the State approving agency must (e) DURATION OF REHABILITATION PRO- paragraph (1)), and subsection (i) shall only find the following: GRAMS.—Paragraph (1) of section 3105(c) is apply with respect to claims of eligibility or ‘‘(1) The educational institution keeps ade- amended by striking out ‘‘veteran’s employ- entitlement to services and assistance (in- quate records, as prescribed by the State ap- ment’’ and inserting in lieu thereof ‘‘veter- cluding claims for extension of such services proving agency, to show the progress and an’s current employment’’. and assistance) under chapter 31 of title 38, grades of the eligible person or veteran and (f) INITIAL AND EXTENDED EVALUATIONS; United States Code, received by the Sec- to show that satisfactory standards relating DETERMINATIONS REGARDING SERIOUS EM- retary of Veterans Affairs on or after the to progress and conduct are enforced. PLOYMENT HANDICAP.—(1) Section 3106 is date of the enactment of this Act, including ‘‘(2) The educational institution maintains amended— those claims based on original applications, a written record of the previous education September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12125 and training of the eligible person or veteran with regulations prescribed by the Secretary from the Post-Vietnam Era Veterans Edu- that clearly indicates that appropriate credit of Defense for the purpose of carrying out cation Account pursuant to section has been given by the educational institu- this section or which the Secretary of Trans- 3232(b)(2)(B) of this title’’. tion for previous education and training, portation shall provide for such purpose with SEC. 107. MONTGOMERY GI BILL ELIGIBILITY with the training period shortened propor- respect to the Coast Guard when it is not op- FOR CERTAIN ACTIVE DUTY MEM- tionately. erating as a service in the Navy; BERS OF ARMY AND AIR NATIONAL ‘‘(3) The educational institution and its ap- may elect to become entitled to basic edu- GUARD. proved courses meet the criteria of para- cational assistance under this chapter. (a) IN GENERAL.—Paragraph (7) of section graphs (1), (2), and (3) of section 3676(c) of ‘‘(b) With respect to an individual who 3002 is amended by striking out ‘‘November this title.’’. makes an election under subsection (a) to be- 29, 1989’’ and inserting in lieu thereof ‘‘June SEC. 104. ELIMINATION OF DISTINCTION BE- come entitled to basic education assistance 30, 1985’’. TWEEN OPEN CIRCUIT TV AND INDE- under this chapter— (b) APPLICATION.—(1) An individual may PENDENT STUDY. ‘‘(1) the basic pay of the individual shall be only become eligible for benefits under chap- (a) VETERANS’ EDUCATIONAL ASSISTANCE reduced (in a manner determined by the Sec- ter 30 of title 38, United States Code, as a re- PROGRAM.—Subsection (f) of section 3482 is retary of Defense) until the total amount by sult of the amendment made by subsection amended by striking out ‘‘in part’’. which such basic pay is reduced is $1,200; or (a) by making an election to become entitled (b) SURVIVORS’ AND DEPENDENTS’ EDU- ‘‘(2) to the extent that basic pay is not so to basic educational assistance under such CATIONAL ASSISTANCE.—Section 3523 is reduced before the individual’s discharge or chapter. The election may only be made dur- amended— release from active duty as specified in sub- ing the nine-month period beginning on the (1) in subsection (a)(4), by inserting ‘‘(in- section (a)(4), the Secretary shall collect date of the enactment of this Act and in the cluding open circuit television)’’ after ‘‘inde- from the individual an amount equal to the manner required by the Secretary of De- pendent study program’’ the second place it difference between $1,200 and the total fense. appears; and amount of reductions under paragraph (1), (2) In the case of any individual making an (2) in subsection (c), by striking out which shall be paid into the Treasury of the election under paragraph (1)— ‘‘radio’’ and all that follows through the end United States as miscellaneous receipts. (A) the basic pay of an individual who, and inserting in lieu thereof ‘‘radio.’’. ‘‘(c)(1) Except as provided in paragraph (3), while a member of the Armed Forces, makes (c) ADMINISTRATION OF EDUCATIONAL BENE- an individual who is enrolled in the edu- an election under paragraph (1) shall be re- FITS.—Subsection (c) of section 3680A is cational benefits program provided by chap- duced (in a manner determined by the Sec- amended by striking out ‘‘radio’’ and all that ter 32 of this title and who makes the elec- retary of Defense) until the total amount by follows through the end and inserting in lieu tion described in subsection (a)(5) shall be which such basic pay is reduced is $1,200; or thereof ‘‘radio.’’. disenrolled from such chapter 32 program as (B) to the extent that basic pay is not so SEC. 105. COOPERATIVE PROGRAMS. of the date of such election. reduced before the individual’s discharge or (a) CHAPTER 30.—Section 3032 is amended ‘‘(2) For each individual who is disenrolled release from active duty, the Secretary of by striking out subsection (d) and redesig- from such program, the Secretary shall re- Veterans Affairs shall collect from an indi- nating subsections (e) and (f) as subsections fund— vidual who makes such an election an (d) and (e), respectively. ‘‘(A) to the individual, as provided in sec- amount equal to the difference between (b) CHAPTER 32.—Section 3231 is amended tion 3223(b) of this title and subject to sub- $1,200 and the total amount of reductions by striking out subsection (d) and redesig- section (b)(2) of this section, the unused con- under subparagraph (A), which amount shall nating subsections (e) and (f) as subsections tributions made by the individual to the be paid into the Treasury as miscellaneous (d) and (e), respectively. Post-Vietnam Era Veterans Education Ac- receipts. (c) CHAPTER 35.—Subsection (b) of section count established pursuant to section 3222(a) (3) In the case of any individual making an 3532 is amended by striking out ‘‘$327’’ and of this title; and election under paragraph (1), the 10-year pe- inserting in lieu thereof ‘‘$404’’. ‘‘(B) to the Secretary of Defense the un- riod referred to in section 3031 of such title (d) CHAPTER 1606.—Section 16131 of title 10, used contributions (other than contributions shall begin on the later of— United States Code, is amended— made under section 3222(c) of this title) made (A) the date determined under such section (1) by striking out subsection (e) and redes- by such Secretary to the Account on behalf 3031; or ignating subsections (f), (g), (h), (i), and (j) as of such individual. (B) the date on which the election under subsections (e), (f), (g), (h), and (i), respec- ‘‘(3) Any contribution made by the Sec- paragraph (1) becomes effective. tively; and retary of Defense to the Post-Vietnam Era TITLE II—HOUSING AND MEMORIAL (2) in subsection (b)(1), by striking out Veterans Education Account pursuant to AFFAIRS ‘‘(g)’’ and inserting in lieu thereof ‘‘(f)’’. subsection (c) of section 3222 of this title on Subtitle A—Housing SEC. 106. ENROLLMENT OF CERTAIN VEAP PAR- behalf of any individual referred to in para- SEC. 201. EXTENSION OF ENHANCED LOAN ASSET TICIPANTS IN MONTGOMERY GI graph (1) shall remain in such account to SALE AUTHORITY. BILL. make payments of benefits to such individ- Paragraph (2) of section 3720(h) is amended (a) IN GENERAL.—Subchapter II of chapter ual under section 3015(f) of this title. 30 is amended by inserting after section by striking out ‘‘December 31, 1996’’ and in- ‘‘(d) The procedures provided in regula- serting in lieu thereof ‘‘December 31, 1997’’. 3018B the following new section: tions referred to in subsection (a) shall pro- vide for notice of the requirements of sub- SEC. 202. DIRECT LOANS TO REFINANCE LOANS ‘‘§ 3018C. Opportunity for certain VEAP par- UNDER NATIVE AMERICAN VETERAN ticipants to enroll paragraphs (B), (C), and (D) of section HOUSING LOAN PILOT PROGRAM. ‘‘(a) Notwithstanding any other provision 3011(a)(3) and of subparagraph (A) of section (a) AUTHORITY.—Section 3762 is amended— of law, an individual who— 3012(a)(3) of this title. Receipt of such notice (1) by redesignating subsection (h) as sub- ‘‘(1) is a participant on the date of the en- shall be acknowledged in writing.’’. section (i); and actment of the Veterans’ Benefits Improve- (b) CONFORMING AMENDMENTS.—(1) The (2) by inserting after subsection (g) the fol- ments Act of 1996 in the educational benefits table of sections at the beginning of chapter lowing new subsection (h): program provided by chapter 32 of this title; 30 is amended by inserting after the item re- ‘‘(h)(1) The Secretary may make direct ‘‘(2) is serving on active duty (excluding lating to section 3018B the following new loans to Native American veterans in order the periods referred to in section 3202(1)(C) of item: to enable such veterans to refinance existing this title) on such date; ‘‘3018C. Opportunity for certain VEAP par- loans made under this section. ‘‘(3) before applying for benefits under this ticipants to enroll.’’. ‘‘(2)(A) The Secretary may not make a loan section, has completed the requirements of a (2) Subsection (d) of section 3013 is amend- under this subsection unless the loan meets secondary school diploma (or equivalency ed by striking out ‘‘or 3018B’’ and inserting the requirements set forth in subparagraphs certificate) or has successfully completed in lieu thereof ‘‘, 3018B, or 3018C’’. (B), (C), and (E) of paragraph (1) of section the equivalent of 12 semester hours in a pro- (3) Subsection (f) of section 3015 is amended 3710(e) of this title. gram of education leading to a standard col- by inserting ‘‘, 3018B, or 3018C’’ after ‘‘sec- ‘‘(B) The Secretary may not make a loan lege degree; tion 3018A’’. under this subsection unless the loan will ‘‘(4) if discharged or released from active (c) TRANSFER OF EDUCATIONAL ASSISTANCE bear an interest rate at least one percentage duty during the one-year period specified in FUNDS.—(1) Subparagraph (B) of section point less than the interest rate borne by the paragraph (5), is discharged or released 3232(b)(2) is amended— loan being refinanced. therefrom with an honorable discharge; and (A) by striking out ‘‘, for the purposes of ‘‘(C) Paragraphs (2) and (3) of such section ‘‘(5) during the one-year period beginning section 1322(a) of title 31,’’; and 3710(e) shall apply to any loan made under on the date of the enactment of the Veter- (B) by striking out ‘‘as provided in such this subsection, except that for the purposes ans’ Benefits Improvements Act of 1996, section’’ and inserting in lieu thereof ‘‘to the of this subsection the reference to subsection makes an irrevocable election to receive ben- Secretary for payments for entitlement (a)(8) of section 3710 of this title in such efits under this section in lieu of benefits earned under subchapter II of chapter 30’’. paragraphs (2) and (3) shall be deemed to be under chapter 32 of this title, pursuant to (2) Paragraph (1) of section 3035(b) is a reference to this subsection.’’. procedures which the Secretary of each mili- amended by inserting before the period at (b) LOAN FEE.—Section 3729(a)(2)(E) is tary department shall provide in accordance the end the following: ‘‘and from transfers amended by striking out ‘‘or 3712(a)(1)(F)’’ H12126 CONGRESSIONAL RECORD — HOUSE September 28, 1996 and inserting in lieu thereof ‘‘3712(a)(1)(F), or retary of the Army), for payment for outer egories of veterans most in need of intensive 3762(h)’’. burial receptacles other than grave liners services in accordance with priorities deter- Subtitle B—Memorial Affairs provided under such regulations or proce- mined by the Secretary of Labor in consulta- dures.’’. tion with appropriate State labor authori- SEC. 211. CLARIFICATION OF ELIGIBILITY OF MI- NORS FOR BURIAL IN NATIONAL (b) CONFORMING AMENDMENTS.—(1) The ties. CEMETERIES. heading of such section is amended to read (d) STATES DESIGNATED.—The pilot pro- Section 2402(5) is amended by inserting as follows: gram shall be limited to not more than five after ‘‘minor child’’ the following: ‘‘(which ‘‘§ 2306. Headstones, markers, and burial re- States to be designated by the Secretary of for purposes of this chapter includes a child ceptacles’’. Labor. (e) REPORTS TO CONGRESS.—(1) Not later under 21 years of age, or under 23 years of (2) The table of sections at the beginning of than one year after the date of the enact- age if pursuing a course of instruction at an chapter 23 is amended by striking out the ment of this Act, the Secretary of Labor approved educational institution)’’. item relating to section 2306 and inserting in shall submit to the Committees on Veterans’ SEC. 212. BURIAL BENEFITS FOR CERTAIN VET- lieu thereof the following new item: Affairs of the Senate and the House of Rep- ERANS WHO DIE IN STATE NURSING ‘‘2306. Headstones, markers, and burial recep- HOMES. resentatives an interim report describing in tacles.’’. Subsection (a) of section 2303 is amended to detail the development and implementation read as follows: TITLE III—EMPLOYMENT AND TRAINING of the pilot program on a State by State ‘‘(a)(1) When a veteran dies in a facility de- Subtitle A—Veterans’ Employment and basis. scribed in paragraph (2), the Secretary Training (2) Not later than 120 days after the expira- tion of this section under subsection (h), the shall— SEC. 301. REGIONAL ADMINISTRATOR. Secretary of Labor shall submit to the Com- ‘‘(A) pay the actual cost (not to exceed Paragraph (1) of section 4102A(e) is amend- mittees on Veterans’ Affairs of the Senate $300) of the burial and funeral or, within such ed by adding at the end the following: ‘‘Each and the House of Representatives a final re- limits, may make contracts for such services Regional Administrator appointed after the port evaluating the results of the pilot pro- without regard to the laws requiring adver- date of the enactment of the Veterans’ Bene- gram and make recommendations based on tisement for proposals for supplies and serv- fits Improvements Act of 1996 shall be a vet- the evaluation, which may include legisla- ices for the Department; and eran.’’. ‘‘(B) when such a death occurs in a State, tive recommendations. SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS transport the body to the place of burial in (f) DEFINITIONS.—For the purposes of this OF VETERANS’ EMPLOYMENT AND section: the same or any other State. TRAINING. (1) The term ‘‘veteran’’ has the meaning ‘‘(2) A facility described in this paragraph Subsection (a) of section 4103 is amended— given such term by section 101(2) of title 38, is— (1) in the first sentence, by striking out United States Code. ‘‘(A) a Department facility (as defined in ‘‘full-time Federal clerical support’’ and in- (2) The term ‘‘disabled veteran’’ has the section 1701(4) of this title) to which the de- serting in lieu thereof ‘‘full-time Federal meaning given such term by section 4211(3) ceased was properly admitted for hospital, clerical or other support personnel’’; and of such title. nursing home, or domiciliary care under sec- (2) in the third sentence, by striking out (3) The term ‘‘active military, naval, or air tion 1710 or 1711(a) of this title; or ‘‘Full-time Federal clerical support person- service’’ has the meaning given such term by ‘‘(B) an institution at which the deceased nel’’ and inserting in lieu thereof ‘‘Full-time section 101(24) of such title. veteran was, at the time of death, receiv- Federal clerical or other support personnel’’. ing— (g) ALLOCATION OF FUNDS.—Any amount SEC. 303. PILOT PROGRAM TO INTEGRATE AND ‘‘(i) hospital care in accordance with sec- otherwise available for fiscal year 1997, 1998, STREAMLINE FUNCTIONS OF LOCAL or 1999 to carry out section 4102A(b)(5) of tion 1703 of this title; VETERANS’ EMPLOYMENT REP- ‘‘(ii) nursing home care under section 1720 RESENTATIVES. title 38, United States Code, with respect to a State designated by the Secretary of Labor of this title; or (a) AUTHORITY TO CONDUCT PILOT PRO- pursuant to subsection (d) shall be available ‘‘(iii) nursing home care for which pay- GRAM.—In order to assess the effects on the ments are made under section 1741 of this timeliness and quality of services to veter- to carry out the pilot program during that title.’’. ans resulting from re-focusing the staff re- fiscal year with respect to that State. (h) EXPIRATION DATE.—The authority to SEC. 213. OUTER BURIAL RECEPTACLES. sources of local veterans’ employment rep- carry out the pilot program under this sec- (a) IN GENERAL.—Subsection (d) of section resentatives, the Secretary of Labor may tion shall expire on October 1, 1999. 2306 is amended— conduct a pilot program under which the pri- (1) in paragraph (1), by striking out ‘‘a mary responsibilities of local veterans’ em- Subtitle B—Technical Amendments Relating grave liner’’ each place it appears and insert- ployment representatives will be case man- to the Uniformed Services Employment and ing in lieu thereof ‘‘an outer burial recep- agement and the provision and facilitation of Reemployment Rights Act of 1994 tacle’’; direct employment and training services to SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE (2) in paragraph (2)— veterans. 38, UNITED STATES CODE. (A) by striking out ‘‘grave liners’’ and in- (b) AUTHORITIES UNDER CHAPTER 41.—To Chapter 43 is amended as follows: serting in lieu thereof ‘‘outer burial recep- implement the pilot program, the Secretary (1) Section 4301(a)(2) is amended by strik- tacles’’; and of Labor may suspend or limit application of ing out ‘‘under honorable conditions’’. (B) by striking out ‘‘specifications and pro- those provisions of chapter 41 of title 38, (2) Section 4303(16) is amended by inserting cedures’’ and inserting in lieu thereof ‘‘regu- United States Code (other than sections ‘‘national’’ before ‘‘emergency’’. lations or procedures’’; and 4104(b)(1) and (c)) that pertain to the Local (3) Section 4311 is amended by striking out (3) by adding at the end the following: Veterans’ Employment Representative Pro- subsections (b) and (c) and inserting in lieu ‘‘(3) Regulations or procedures under para- gram in States designated by the Secretary thereof the following: graph (2) may specify that— under subsection (d), except that the Sec- ‘‘(b) An employer may not discriminate in ‘‘(A) an outer burial receptacle other than retary may use the authority of such chap- employment against or take any adverse em- a grave liner be provided in lieu of a grave ter, as the Secretary may determine, in con- ployment action against any person because liner at the election of the survivors of the junction with the authority of this section, such person (1) has taken an action to en- interred veteran; and to carry out the pilot program. The Sec- force a protection afforded any person under ‘‘(B) if an outer burial receptacle other retary may collect such data as the Sec- this chapter, (2) has testified or otherwise than a grave liner is provided in lieu of a retary considers necessary for assessment of made a statement in or in connection with grave liner upon an election of such survi- the pilot program. The Secretary shall meas- any proceeding under this chapter, (3) has as- vors, such survivors be required— ure and evaluate on a continuing basis the sisted or otherwise participated in an inves- ‘‘(i) to pay the amount by which the cost of effectiveness of the pilot program in achiev- tigation under this chapter, or (4) has exer- the outer burial receptacle exceeds the cost ing its stated goals in general, and in achiev- cised a right provided for in this chapter. of the grave liner that would otherwise have ing such goals in relation to their cost, their The prohibition in this subsection shall been provided in the absence of the election; effect on related programs, and their struc- apply with respect to a person regardless of and ture and mechanisms for delivery of services. whether that person has performed service in ‘‘(ii) to pay the amount of the administra- (c) TARGETED VETERANS.—Within the pilot the uniformed services. tive costs incurred by the Secretary (or, with program, eligible veterans who are among ‘‘(c) An employer shall be considered to respect to Arlington National Cemetery, the groups most in need of intensive services, in- have engaged in actions prohibited— Secretary of the Army) in providing the cluding disabled veterans, economically dis- ‘‘(1) under subsection (a), if the person’s outer burial receptacle in lieu of such grave advantaged veterans, and veterans separated membership, application for membership, liner. within the previous four years from active service, application for service, or obligation ‘‘(4) Regulations or procedures under para- military, naval, or air service shall be given for service in the uniformed services is a mo- graph (2) may provide for the use of a vouch- priority for service by local veterans’ em- tivating factor in the employer’s action, un- er system, or other system of reimbursement ployment representatives. Priority for the less the employer can prove that the action approved by the Secretary (or, with respect provision of service shall be given first to would have been taken in the absence of such to Arlington National Cemetery, the Sec- disabled veterans and then to the other cat- membership, application for membership, September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12127 service, application for service, or obligation serting in lieu thereof ‘‘services, such pay- subtitle shall take effect as of October 13, for service; or ment period’’. 1994. ‘‘(2) under subsection (b), if the person’s (9) Section 4322 is amended— (b) REORGANIZED TITLE 10 REFERENCES.— (A) action to enforce a protection afforded (A) in the second sentence of subsection (d) The amendments made by clause (i), and sub- any person under this chapter, (B) testimony by inserting ‘‘attempt to’’ before ‘‘resolve’’; clauses (I), (III), and (IV) of clause (ii), of or making of a statement in or in connection and section 311(4)(B) shall take effect as of De- with any proceeding under this chapter, (C) (B) in subsection (e)— cember 1, 1994. assistance or other participation in an inves- (i) in the matter preceding paragraph (1), TITLE IV—VETERANS LIFE INSURANCE tigation under this chapter, or (D) exercise by striking out ‘‘with respect to a complaint PROGRAMS of a right provided for in this chapter, is a under subsection (d) are unsuccessful,’’ and motivating factor in the employer’s action, inserting in lieu thereof ‘‘with respect to any SEC. 401. SHORT TITLE. unless the employer can prove that the ac- complaint filed under subsection (a) do not This title may be cited as the ‘‘Veterans’ tion would have been taken in the absence of resolve the complaint,’’; and Insurance Reform Act of 1996’’. such person’s enforcement action, testi- (ii) in paragraph (2), by inserting ‘‘or the Office of Personnel Management’’ after SEC. 402. MERGER OF RETIRED RESERVE mony, statement, assistance, participation, SERVICEMEMBERS’ GROUP LIFE IN- or exercise of a right. ‘‘Federal executive agency’’. SURANCE AND VETERANS’ GROUP (10) Section 4323(a) is amended— ‘‘(d) The prohibitions in subsections (a) and LIFE INSURANCE AND EXTENSION (A) in paragraph (1), by striking out ‘‘of an (b) shall apply to any position of employ- OF VETERANS’ GROUP LIFE INSUR- unsuccessful effort to resolve a complaint’’; ANCE TO MEMBERS OF THE READY ment, including a position that is described and RESERVE. in section 4312(d)(1)(C) of this title.’’. (B) in paragraph (2)(A), by striking out (a) DEFINITIONS.—Section 1965(5) is amend- (4) Section 4312 is amended— ‘‘regarding the complaint under section ed— (A) in subsection (a), by striking out ‘‘who 4322(c)’’ and inserting in lieu thereof ‘‘under (1) by adding ‘‘and’’ at the end of subpara- is absent from a position of employment’’ section 4322(a)’’. graph (B); and inserting in lieu thereof ‘‘whose absence (11) Section 4324 is amended— (2) by striking out subparagraphs (C) and from a position of employment is neces- (A) in subsection (a)(1), by striking out ‘‘of (D); and sitated’’; an unsuccessful effort to resolve a complaint (3) by redesignating subparagraph (E) as (B) in subsection (c)— relating to a Federal executive agency’’; subparagraph (C). (i) by striking out ‘‘section 270’’ in para- (B) in subsection (b)— graph (3) and inserting in lieu thereof ‘‘sec- (b) PERSONS INSURED.—Section 1967 is (i) in the matter preceding paragraph (1), amended— tion 10147’’; and by inserting ‘‘or the Office of Personnel Man- (ii) in paragraph (4)— (1) in subsection (a)— agement’’ after ‘‘Federal executive agency’’; (A) by inserting ‘‘and’’ at the end of para- (I) by striking out ‘‘section 672(a), 672(g), and 673, 673b, 673c, or 688’’ in subparagraph (A) graph (1); (ii) in paragraph (1), by striking out ‘‘re- (B) by striking out paragraphs (3) and (4); and inserting in lieu thereof ‘‘section 688, garding a complaint under section 4322(c)’’ 12301(a), 12301(g), 12302, 12304, or 12305’’; and and inserting in lieu thereof ‘‘under section (C) in the matter following paragraph (2), (II) by amending subparagraph (B) to read 4322(a)’’; and as follows: by striking out ‘‘or the first day a member of (C) in subsection (c)(2)— the Reserves, whether or not assigned to the ‘‘(B) ordered to or retained on active duty (i) by inserting ‘‘or the Office of Personnel (other than for training) under any provision Retired Reserve of a uniformed service, Management’’ after ‘‘Federal executive agen- meets the qualifications of section 1965(5)(C) of law because of a war or national emer- cy’’; and gency declared by the President or the Con- of this title, or the first day a member of the (ii) by striking out ‘‘employee’’ and insert- Reserves meets the qualifications of section gress, as determined by the Secretary con- ing in lieu thereof ‘‘Office’’. cerned;’’; 1965(5)(D) of this title,’’; and (12) Section 4325(d)(1) is amended— (2) by striking out subsection (d). (III) by striking out ‘‘section 673b’’ in sub- (A) by striking out ‘‘, alternative employ- (c) DURATION AND TERMINATION OF COV- paragraph (C) and inserting in lieu thereof ment in the Federal Government under this ERAGE.—Section 1968 is amended— ‘‘section 12304’’; and chapter,’’; and (IV) by striking out ‘‘section 3500 or 8500’’ (1) in subsection (a)— (B) by striking out ‘‘employee’’ the last (A) by striking out ‘‘subparagraph (B), (C), in subparagraph (E) and inserting in lieu place it appears and inserting in lieu thereof thereof ‘‘section 12406’’; and or (D) of section 1965(5)’’ in the matter pre- ‘‘employees’’. ceding paragraph (1) and inserting in lieu (C) in subsection (d)(2)(C), by striking out (13) Section 4326(a) is amended by inserting ‘‘is brief or for a nonrecurrent period and thereof ‘‘section 1965(5)(B)’’; ‘‘have reasonable access to and the right to (B) by striking out the period at the end of without a reasonable expectation’’ and in- interview persons with information relevant serting in lieu thereof ‘‘is for a brief, non- paragraphs (1) and (2) and inserting in lieu to the investigation and shall’’ after ‘‘at all thereof a semicolon; recurrent period and there is no reasonable reasonable times,’’. expectation’’. (C) by striking out the period at the end of SEC. 312. AMENDMENTS TO TRANSITION RULES paragraph (3) and inserting in lieu thereof ‘‘; (5) Section 4313(a)(4) is amended— AND EFFECTIVE DATES. and’’; (A) by striking out ‘‘uniform services’’ in (a) REEMPLOYMENT.—Section 8(a) of the (D) in paragraph (4)— subparagraph (A)(ii) and inserting in lieu Uniformed Services Employment and Reem- (i) by striking out ‘‘one hundred and twen- thereof ‘‘uniformed services’’; and ployment Rights Act of 1994 (Public Law 103– (B) by striking out ‘‘of lesser status and 353; 108 Stat. 3175; 38 U.S.C. 4301 note) is ty days after’’ in the matter preceding sub- pay which’’ and inserting in lieu thereof amended— paragraph (A) and all that follows through ‘‘which is the nearest approximation to a po- (1) in paragraph (3), by adding at the end ‘‘(A) unless on’’ and inserting in lieu thereof sition referred to first in clause (A)(i) and thereof the following: ‘‘Any service begun up ‘‘120 days after separation or release from then in clause (A)(ii) which’’. to 60 days after the date of the enactment of such assignment, unless on’’; (6) Section 4316(d) is amended by adding at this Act, which is served up to 60 days after (ii) by striking out ‘‘prior to the expiration the end the following new sentence: ‘‘No em- the date of the enactment of this Act pursu- of one hundred and twenty days’’ and insert- ployer may require any such person to use ant to orders issued under section 502(f) of ing in lieu thereof ‘‘before the end of 120 vacation, annual, or similar leave during title 32, United States Code, shall be consid- days’’; such period of service.’’. ered under chapter 43 of title 38, United (iii) by striking out the semicolon after (7) Section 4317(a) is amended— States Code, as in effect on the day before ‘‘such assignment’’ and inserting in lieu (A) by striking out ‘‘(a)(1)(A) Subject to such date of enactment. Any service pursu- thereof a period; and paragraphs (2) and (3), in’’ and inserting in ant to orders issued under such section 502(f) (iv) by striking out subparagraphs (B) and lieu thereof ‘‘(a)(1) In’’; served after 60 days after the date of the en- (C); and (B) by redesignating clauses (i) and (ii) of actment of this Act, regardless of when (E) by striking out paragraphs (5) and (6); paragraph (1) (as amended by subparagraph begun, shall be considered under the amend- and (A) of this paragraph) as subparagraphs (A) ments made by this Act.’’; and (2) in subsection (b), by striking out the and (B), respectively; (2) in paragraph (4), by striking out ‘‘such last two sentences. (C) by redesignating subparagraph (B) as period’’ and inserting in lieu thereof ‘‘such (d) DEDUCTIONS.—Section 1969 is amended— paragraph (2); and 60-day period’’. (1) in subsection (a)(2), by striking out ‘‘is (D) by redesignating subparagraph (C) as (b) INSURANCE.—Section 8(c)(2) of such Act assigned to the Reserve (other than the Re- paragraph (3), and in that paragraph by re- is amended by striking out ‘‘person on active tired Reserve)’’ and all that follows through designating clauses (i) and (ii) as subpara- duty’’ and inserting in lieu thereof ‘‘person ‘‘section 1965(5)(D) of this title,’’; graphs (A) and (B), respectively, and by re- serving a period of service in the uniformed (2) by striking out subsection (e); and designating subclauses (I) and (II) as clauses services’’. (3) by redesignating subsections (f) and (g) (i) and (ii), respectively. SEC. 313. EFFECTIVE DATES. as subsections (e) and (f), respectively. (8) The last sentence of section 4318(b)(2) is (a) IN GENERAL.—Except as provided in (e) CONVERSION OF SGLI TO VGLI.—The amended by striking out ‘‘services,’’ and in- subsection (b), the amendments made by this Servicemembers’ Group Life Insurance of H12128 CONGRESSIONAL RECORD — HOUSE September 28, 1996 any member of the Retired Reserve of a uni- ‘‘(4) the relationship between (2) by inserting after paragraph (9) the fol- formed service shall be converted to Veter- Servicemembers’ Group Life Insurance and lowing new paragraphs (10) and (11): ans’ Group Life Insurance effective 90 days Veterans’ Group Life Insurance.’’. ‘‘(10) Advise the Secretary and other appro- after the date of the enactment of this Act. SEC. 405. RENAMING OF SERVICEMEN’S GROUP priate officials on the effectiveness of the SEC. 403. CONVERSION OF SGLI AND VGLI TO LIFE INSURANCE PROGRAM. Department’s efforts to accomplish the goals COMMERCIAL LIFE INSURANCE POL- (a) IN GENERAL.—The program of insurance of section 492B of the Public Health Service ICY. operated by the Secretary of Veterans Af- Act (42 U.S.C. 289a–2) with respect to the in- (a) OPTION TO CONVERT SGLI.—Subsection fairs under subchapter III of chapter 19 of clusion of minorities in clinical research and (b) of section 1968, as amended by section title 38, United States Code, is hereby redes- on particular health conditions affecting the 402(c)(2), is amended— ignated as the Servicemembers’ Group Life health of members of minority groups which (1) by inserting ‘‘(1)’’ after ‘‘(b)’’ at the be- Insurance program. should be studied as part of the Depart- ginning of the subsection; (b) AMENDMENTS TO CHAPTER 19.— Chapter ment’s medical research program and pro- (2) by striking out ‘‘would cease,’’ in the 19 is amended as follows: mote cooperation between the Department first sentence and all that follows through (1) The following provisions are amended and other sponsors of medical research of po- the period at the end of the sentence and in- by striking out ‘‘Servicemen’s Group Life In- tential benefit to veterans who are minori- serting in lieu thereof ‘‘would cease— surance’’ each place it appears and inserting ties. ‘‘(A) shall be automatically converted to in lieu thereof ‘‘Servicemembers’ Group Life ‘‘(11) Provide support and administrative Veterans’ Group Life Insurance, subject to Insurance’’: services to the Advisory Committee on Mi- (i) the timely payment of the initial pre- (A) Subsections (a), (c), and (e) of section nority Veterans provided for under section mium under terms prescribed by the Sec- 1967. 544 of this title.’’. retary, and (ii) the terms and conditions set (B) Section 1968(b). (c) DEFINITION OF MINORITY VETERANS.— forth in section 1977 of this title; or (C) Subsections (a) through (d) of section Section 317 is amended by adding at the end ‘‘(B) at the election of the member, shall 1969. the following: be converted to an individual policy of insur- (D) Subsections (a), (f), and (g) of section ‘‘(g) In this section— ance as described in section 1977(e) of this 1970. ‘‘(1) The term ‘veterans who are minori- title upon written application for conversion (E) Section 1971(b). ties’ means veterans who are minority group made to the participating company selected (F) Section 1973. members. by the member and payment of the required (G) The first sentence of section 1974(a). ‘‘(2) The term ‘minority group member’ has premiums.’’; and (H) Subsections (a), (d), and (g) of section the meaning given such term in section (3) by designating the second sentence as 1977. 544(d) of this title.’’. paragraph (2) and in that sentence striking (2)(A) The heading of subchapter III is (d) CLARIFICATION OF FUNCTIONS OF CENTER out ‘‘Such automatic conversion’’ and insert- amended to read as follows: FOR WOMEN VETERANS.—Section 318(d)(10) is ing in lieu thereof ‘‘Automatic conversion to amended by striking out ‘‘(relating to’’ and ‘‘SUBCHAPTER III—SERVICEMEMBERS’ Veterans’ Group Life Insurance under para- all that follows through ‘‘and of’’ and insert- GROUP LIFE INSURANCE’’. graph (1)’’. ing in lieu thereof ‘‘(42 U.S.C. 289a–2) with re- (b) VGLI CONVERSION.—Section 1977 is (B) The heading of section 1974 is amended spect to the inclusion of women in clinical amended— to read as follows: research and on’’. (1) in subsection (a)— ‘‘§ 1974. Advisory Council on Servicemembers’ (e) ADDITIONAL FUNCTIONS OF ADVISORY (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; Group Life Insurance’’. COMMITTEES.—(1) Section 542(b) is amended (B) by striking out the last two sentences; (3) The table of sections at the beginning of by inserting ‘‘, including the Center for and the chapter is amended— Women Veterans’’ before the period at the (C) by adding at the end the following: (A) by striking out the item relating to end. ‘‘(2) If any person insured under Veterans’ (2) Section 544(b) is amended by inserting subchapter III and inserting in lieu thereof Group Life Insurance again becomes insured ‘‘, including the Center for Minority Veter- the following: under Servicemembers’ Group Life Insurance ans’’ before the period at the end. ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP but dies before terminating or converting (f) TERMINATION DATE OF ADVISORY COM- LIFE INSURANCE’’; such person’s Veterans’ Group Insurance, MITTEE ON MINORITY VETERANS.—Section Veterans’ Group Life Insurance shall be pay- and 544(e) is amended by striking out ‘‘December able only if such person is insured for less (B) by striking out the item relating to 31, 1997’’ and inserting in lieu thereof ‘‘De- than $200,000 under Servicemembers’ Group section 1974 and inserting in lieu thereof the cember 31, 1999’’. Life Insurance, and then only in an amount following: SEC. 502. LIMITATION ON CLOTHING ALLOWANCE which, when added to the amount of ‘‘1974. Advisory Council on Servicemembers’ FOR INCARCERATED VETERANS. Servicemembers’ Group Life Insurance pay- Group Life Insurance.’’. (a) PRO RATA REDUCTION.—Chapter 53 is able, does not exceed $200,000.’’; and (c) OTHER CONFORMING AMENDMENTS.—(1) amended by inserting after section 5313 the (2) in subsection (e)— Section 1315(f)(1)(F) is amended by striking following new section: (A) in the first sentence, by inserting ‘‘at out ‘‘servicemen’s’’ the first place it appears ‘‘§ 5313A. Limitation on payment of clothing any time’’ after ‘‘shall have the right’’; and and inserting in lieu thereof allowance to incarcerated veterans (B) by striking out the third sentence and ‘‘servicemembers’ ’’. ‘‘In the case of a veteran who is incarcer- inserting in lieu thereof the following: ‘‘The (2) Sections 3017(a)(2)(A)(i) and 3224(1) are ated in a Federal, State, or local penal insti- Veterans’ Group Life Insurance policy con- amended by striking out ‘‘Servicemen’s’’ tution for a period in excess of 60 days and verted to an individual policy under this sub- each place it appears and inserting in lieu who is furnished clothing without charge by section shall terminate on the day before the thereof ‘‘Servicemembers’ ’’. the institution, the amount of any annual date on which the individual policy becomes (d) REFERENCES.—Any reference to Service- clothing allowance payable to the veteran effective.’’. men’s Group Life Insurance or to the Advi- under section 1162 of this title shall be re- SEC. 404. INFORMATION TO BE PROVIDED MEM- sory Council on Servicemen’s Group Life In- duced by an amount equal to 1⁄365 of the BERS CONCERNING AUTOMATIC surance in any Federal law, Executive order, amount of the allowance otherwise payable MAXIMUM COVERAGE OF $200,000 regulation, delegation of authority, or other under that section for each day on which the UNDER SERVICEMEN’S GROUP LIFE document of the Federal Government shall INSURANCE. veteran was so incarcerated during the 12- be deemed to refer to Servicemembers’ month period preceding the date on which Section 1967, as amended by section 402(b), Group Life Insurance or the Advisory Coun- is further amended by inserting after sub- payment of the allowance would be due. This cil on Servicemembers’ Group Life Insur- section shall be carried out under regula- section (c) the following new subsection (d): ance, respectively. ‘‘(d) Whenever a member has the oppor- tions prescribed by the Secretary.’’. tunity to make an election under subsection SEC. 406. TECHNICAL AMENDMENT. (b) CLERICAL AMENDMENT.—The table of (a) not to be insured under this subchapter, Section 1977(a) is amended by striking out sections at the beginning of such chapter is or to be insured under this subchapter in an ‘‘and (e)’’ in the first and second sentences. amended by inserting after the item relating amount less than the maximum amount of TITLE V—DEPARTMENT OF VETERANS to section 5313 the following new item: $200,000, and at such other times periodically AFFAIRS ADMINISTRATIVE MATTERS ‘‘5313A. Limitation on payment of clothing thereafter as the Secretary concerned con- SEC. 501. REVISION OF AUTHORITY RELATING TO allowance to incarcerated vet- siders appropriate, the Secretary concerned CENTERS FOR MINORITY VETERANS erans.’’. shall furnish to the member general informa- AND WOMEN VETERANS. SEC. 503. EXTENSION OF VETERANS’ CLAIMS AD- tion concerning life insurance. Such infor- (a) SES STATUS OF DIRECTORS.—Sections JUDICATION COMMISSION. mation shall include— 317(b) and 318(b) are each amended by insert- (a) EXTENSION OF TIME FOR SUBMISSION OF ‘‘(1) the purpose and role of life insurance ing ‘‘career or’’ before ‘‘noncareer’’. FINAL REPORT.—Section 402(e)(2) of the Vet- in financial planning; (b) ADDITIONAL FUNCTIONS OF CENTER FOR erans’ Benefits Improvements Act of 1994 ‘‘(2) the difference between term life insur- MINORITY VETERANS.—Section 317(d) is (Public Law 103–446; 108 Stat. 4661) is amend- ance and whole life insurance; amended— ed by striking out ‘‘Not later than 18 months ‘‘(3) the availability of commercial life in- (1) by redesignating paragraph (10) as para- after such date’’ and inserting in lieu thereof surance; and graph (12); and ‘‘Not later than December 31, 1996’’. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12129

(b) FUNDING.—From amounts appropriated (B) if such Act is not enacted as a measure (b) APPLICABILITY.—The amendments made to the Department of Veterans Affairs for of the One Hundred Fourth Congress, is para- by this section apply to any power of attor- each of fiscal years 1996 and 1997 for the pay- graph (1)(A) of section 1710(e) of such title. ney filed with the Department of Veterans ment of compensation and pension, the (d) EFFECTIVE DATE.—The amendments Affairs, regardless of the date of its execu- amount of $75,000 is hereby made available made by this section shall take effect on tion. for the activities of the Veterans’ Claims Ad- January 1, 1997. No benefit may be paid or SEC. 509. PROVISION OF COPIES OF BOARD OF judication Commission under title IV of the provided by reason of such amendments for VETERANS’ APPEALS DECISIONS. Veterans’ Benefits Improvements Act of 1994 any period before such date. Subsection (e) of section 7104 is amended to (Public Law 103–446; 108 Stat. 4659; 38 U.S.C. SEC. 506. PAYMENT OF BENEFIT TO SURVIVING read as follows: 5101 note). SPOUSE FOR MONTH IN WHICH VET- ‘‘(e)(1) After reaching a decision on a case, ERAN DIES. SEC. 504. PILOT PROGRAM FOR USE OF CON- the Board shall promptly mail a copy of its (a) BENEFIT FOR MONTH OF DEATH.—Section TRACT PHYSICIANS FOR DISABILITY written decision to the claimant at the last 5310 is amended— EXAMINATIONS. known address of the claimant. (1) by inserting ‘‘(a)’’ before ‘‘If, in accord- (a) AUTHORITY.—The Secretary of Veterans ‘‘(2) If the claimant has an authorized rep- ance with’’; and Affairs, acting through the Under Secretary resentative, the Board shall— (2) by adding at the end the following: for Benefits, may conduct a pilot program ‘‘(A) mail a copy of its written decision to ‘‘(b)(1) If the surviving spouse of a veteran under this section under which examinations the authorized representative at the last who was in receipt of compensation or pen- with respect to medical disability of appli- sion at the time of death is not entitled to known address of the authorized representa- cants for benefits under laws administered death benefits under chapter 11, 13, or 15 of tive; or by the Secretary that are carried out this title for the month in which the veter- ‘‘(B) send a copy of its written decision to through the Under Secretary for Benefits an’s death occurs, that surviving spouse the authorized representative by any means may be made by persons other than employ- shall be entitled to a benefit for that month reasonably likely to provide the authorized ees of the Department of Veterans Affairs. in the amount of benefits the veteran would representative with a copy of the decision Any such examination shall be performed have received under chapter 11 or 15 of this within the same time a copy would be ex- pursuant to contracts entered into by the title for that month but for the death of the pected to reach the authorized representa- Under Secretary for Benefits with those per- veteran. tive if sent by first-class mail.’’. sons. ‘‘(2) If (notwithstanding section 5112(b)(1) SEC. 510. LIMITATION ON RELOCATION OR RE- (b) LIMITATION.—The Secretary may carry of this title) a check or other payment is is- DUCTION IN STAFFING OF CERTAIN out the pilot program under this section sued to, and in the name of, the deceased ELEMENTS OF THE EDUCATION through not more than 10 regional offices of veteran as a benefit payment under chapter SERVICE OF THE VETERANS BENE- FITS ADMINISTRATION. the Department of Veterans Affairs. 11 or 15 of this title for the month in which No funds available to the Department of (c) SOURCE OF FUNDS.—Payments for con- death occurs, that check or other payment Veterans Affairs may be obligated or ex- tracts under the pilot program under this (A) shall be treated for all purposes as being section shall be made from amounts avail- payable to the surviving spouse, and (B) if pended before January 1, 1998, to relocate able to the Secretary of Veterans Affairs for that check or other payment is negotiated or any function of, or to reduce the number of payment of compensation and pensions. deposited, shall be considered to be the bene- personnel assigned to, any of the following (d) REPORT TO CONGRESS.—Not later than fit to which the surviving spouse is entitled elements of the Veterans Benefits Adminis- three years after the date of the enactment under this paragraph. However, if such check tration of the Department of Veterans Af- of this Act, the Secretary shall submit to the or other payment is in an amount less than fairs: Congress a report on the effect of the use of the amount of the benefit under paragraph (1) The Office of Education Procedures Sys- the authority provided by subsection (a) on (1), the unpaid amount shall be treated in tems. the cost, timeliness, and thoroughness of the same manner as an accrued benefit under (2) The Office of Education Operations. medical disability examinations. section 5121 of this title.’’. (3) The Office of Education Policy and Pro- gram Administration. SEC. 505. EXPANSION OF PERIOD OF VIETNAM (b) EFFECTIVE DATE.—The amendments ERA FOR CERTAIN VETERANS. made by this section shall apply with respect TITLE VI—OTHER MATTERS (a) IN GENERAL.—Paragraph (29) of section to the death of compensation and pension re- SEC. 601. EXTENSION OF CERTAIN AUTHORITIES 101 is amended to read as follows: cipients occurring after December 31, 1996. FOR SERVICES FOR HOMELESS VET- ‘‘(29) The term ‘Vietnam era’ means the SEC. 507. INCREASE IN PERIOD FOR WHICH AC- ERANS. following: CRUED BENEFITS PAYABLE. (a) AUTHORITY FOR COMMUNITY-BASED RESI- ‘‘(A) The period beginning on February 28, Subsection (a) of section 5121 is amended DENTIAL CARE FOR HOMELESS CHRONICALLY 1961, and ending on May 7, 1975, in the case of by striking out ‘‘one year’’ in the matter MENTALLY ILL VETERANS AND OTHER VETER- a veteran who served in the Republic of Viet- preceding paragraph (1) and inserting in lieu ANS.—Section 115(d) of the Veterans’ Benefits nam during that period. thereof ‘‘two years’’. and Services Act of 1988 (38 U.S.C. 1712 note) ‘‘(B) The period beginning on August 5, SEC. 508. APPOINTMENT OF VETERANS SERVICE is amended by striking out ‘‘December 31, 1964, and ending on May 7, 1975, in all other ORGANIZATIONS AS CLAIMANTS’ 1997’’ and inserting in lieu thereof ‘‘Decem- REPRESENTATIVES. cases.’’. ber 31, 1998’’. (a) POWER OF ATTORNEY NAMING A VETER- (b) LIMITED EXPANSION FOR SPECIFIC COM- (b) AUTHORIZATIONS OF APPROPRIATIONS FOR ANS SERVICE ORGANIZATION.—Section 5902 is HOMELESS VETERANS REINTEGRATION PENSATION PURPOSES.—(1) Paragraphs (1)(B) amended— PROJECTS.—Section 738(e)(1) of the Stewart and (3) of section 1116(a) are each amended (1) by redesignating subsection (c) as sub- B. McKinney Homeless Assistance Act (42 by striking out ‘‘during the Vietnam era’’ section (d); and U.S.C. 11448(e)(1)) is amended by adding at and inserting in lieu thereof ‘‘during the pe- (2) by inserting after subsection (b) the fol- the end the following: riod beginning on January 9, 1962, and ending lowing new subsection (c): on May 7, 1975,’’. ‘‘(c)(1) Unless a claimant specifically indi- ‘‘(E) $10,000,000 for fiscal year 1997. (2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), cates in a power of attorney filed with the ‘‘(F) $10,000,000 for fiscal year 1998.’’. and (4) of such section are amended by strik- Department a desire to appoint only a recog- SEC. 602. REPAIR AND LONG-TERM MAINTE- ing out ‘‘during the Vietnam era’’ and insert- nized representative of an organization listed NANCE OF WAR MEMORIALS. ing in lieu thereof ‘‘during the period begin- in or approved under subsection (a), the Sec- (a) REPAIR AND LONG-TERM MAINTENANCE ning on January 9, 1962, and ending on May retary may, for any purpose, treat the power OF WAR MEMORIALS.—Section 5(b)(2) of the 7, 1975’’. of attorney naming such an organization, a Act entitled ‘‘An Act for the creation of an (c) LIMITED EXPANSION FOR SPECIFIC specific office of such an organization, or a American Battle Monuments Commission to HEALTH CARE PURPOSES.—(1) The provision recognized representative of such an organi- erect suitable memorials commemorating stipulated in paragraph (2) is amended— zation as the claimant’s representative as an the services of the American soldier in Eu- (A) in clause (i), by striking out ‘‘during appointment of the entire organization as rope, and for other purposes’’, approved the Vietnam era,’’ and inserting in lieu the claimant’s representative. March 4, 1923 (36 U.S.C. 125(b)(2)), is amend- thereof ‘‘during the period beginning on Jan- ‘‘(2) Whenever the Secretary is required or ed— uary 9, 1962, and ending on May 7, 1975,’’; and permitted to notify a claimant’s representa- (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and (B) in clause (ii), by striking out ‘‘such tive, and the claimant has named in a power (2) by adding at the end the following: era’’ and inserting in lieu thereof ‘‘such pe- of attorney an organization listed in or ap- ‘‘(B) In assuming responsibility for a war riod’’. proved under subsection (a), a specific office memorial under paragraph (1), the Commis- (2) The provision referred to in paragraph of such an organization, or a recognized rep- sion may enter into arrangements with the (1)— resentative of such an organization without sponsors of the memorial to provide for the (A) if the Veterans’ Health Care Eligibility specifically indicating a desire to appoint repair or long-term maintenance of the me- Reform Act of 1996 is enacted as a measure of only a recognized representative of the orga- morial. Any funds transferred to the Com- the One Hundred Fourth Congress, is para- nization, the Secretary shall notify the orga- mission for the purpose of this subparagraph graph (4)(A) of section 1710(e) of title 38, nization at the address designated by the or- shall, in lieu of subparagraph (A), be depos- United States Code, as added by section 102 ganization for the purpose of receiving the ited by the Commission in the fund estab- of such Act; and notification concerned.’’. lished by paragraph (3). H12130 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘(3)(A) There is established in the Treas- (B) Four shall be appointed jointly by the agencies of the Government and determine ury a fund which shall be available to the chairman and ranking minority member of the feasibility and desirability of consolidat- Commission for expenses for the mainte- the Committee on Veterans’ Affairs of the ing such administration; nance and repair of memorials with respect Senate. (3) evaluate proposals for improving such to which the Commission enters into ar- (C) Two shall be appointed jointly by the programs, including proposals for alter- rangements under paragraph (2)(B). The fund chairman and ranking minority member of native means of providing services delivered shall consist of (i) amounts deposited, and the Committee on National Security of the by such programs; and interest and proceeds credited, under sub- House of Representatives. (4) make recommendations to Congress re- paragraph (B), and (ii) obligations obtained (D) Two shall be appointed jointly by the garding the need for improvements in such under subparagraph (C). chairman and ranking minority member of programs. ‘‘(B) The Commission shall deposit in the the Committee on Armed Services of the (b) REVIEW OF PROGRAMS TO ASSIST MEM- fund such amounts from private contribu- Senate. BERS OF THE ARMED FORCES AT SEPARATION.— tions as may be accepted under paragraph (2)(A) One member of the Commission ap- (1) While carrying out the general duties (2)(B). The Secretary of the Treasury shall pointed under each of subparagraphs (A) and specified in subsection (a), the members of credit to the fund the interest on, and the (B) of paragraph (1) shall be a representative the Commission appointed under subpara- proceeds from sale or redemption of, obliga- of a veterans service organization. graphs (C) and (D) of section 701(b)(1) and the tions held in the fund. (B) To the maximum extent practicable, member specified in subparagraph (B) of sec- ‘‘(C) The Secretary of the Treasury shall the individuals appointed under paragraph tion 701(b)(3) shall review primarily the pro- invest any portion of the fund that, as deter- (1) as members of the Commission shall be grams intended to assist members of the mined by the Commission, is not required to veterans. Armed Forces at the time of their separation meet current expenses. Each investment (C) Not more than seven of the members of from service in the Armed Forces, including shall be made in an interest bearing obliga- the Commission may be members of the programs designed to assist families of such tion of the United States or an obligation same political party. members. guaranteed as to principal and interest by (3) In addition to the members appointed (2) In carrying out the review, those mem- the United States that, as determined by the under paragraph (1), the following shall be bers of the Commission shall determine the Commission, has a maturity suitable for the nonvoting members of the Commission: following: fund. (A) The Under Secretary for Benefits of the (A) The adequacy of the programs referred ‘‘(D) The Commission shall separately ac- Department of Veterans Affairs. to in paragraph (1) for their purposes. count for all moneys deposited in and ex- (B) The Assistant Secretary of Defense for (B) The adequacy of the support of the pended from the fund with respect to each Force Management and Personnel. Armed Forces for such programs. war memorial for which an arrangement for (C) The Assistant Secretary of Labor for (C) The adequacy of funding levels for such the repair or long-term maintenance of the Veterans’ Employment and Training. programs. memorial is entered to under paragraph (4) The appointments of members of the (D) The effect, if any, of the existence of (2)(B).’’. Commission shall, to the maximum extent such programs on military readiness. (b) ACCOUNTING PROCEDURES RELATING TO practicable, be made after consultation with (E) The extent to which such programs RECEIPT AND EXPENDITURE OF CONTRIBU- representatives of veterans service organiza- provide members of the Armed Forces with TIONS.—Such Act is further amended by add- tions. job-search skills. ing at the end the following new section: (5) The appointments of the members of (F) The extent to which such programs pre- ‘‘SEC. 14. (a) The Commission shall have a the Commission shall be made not later than pare such members for employment in the system of financial controls to enable the 45 days after the date of the enactment of private sector and in the public sector. Commission to comply with the require- this Act. (G) The effectiveness of such programs in assisting such members in finding employ- ments of subsection (b) and section (c) PERIOD OF APPOINTMENT; VACANCIES.— 5(b)(3)(D). Members shall be appointed for the life of ment in the public sector upon their separa- ‘‘(b) The Commission shall— the Commission. Any vacancy in the Com- tion from service. ‘‘(1) by March 1 of each year (beginning mission shall not affect its powers, but shall (H) The ways in which such programs could with 1998)— be filled in the same manner as the original be improved. (3) In carrying out the review, the Commis- ‘‘(A) prepare a financial statement which appointment. sion shall make use of previous studies covers all accounts and associated activities (d) INITIAL MEETING.—Not later than 30 which have been made of such programs. of the Commission for the preceding fiscal days after the date on which all members of (c) REVIEW OF PROGRAMS TO ASSIST VETER- year and is consistent with the requirements the Commission have been appointed under ANS.—(1) While carrying out the general du- of section 3515 of title 31, United States Code; subsection (b)(1), the Commission shall hold and ties specified in subsection (a), the members its first meeting. of the Commission appointed under subpara- ‘‘(B) submit the financial statement, to- (e) QUORUM.—A majority of the members of gether with a narrative summary, to the graphs (A) and (B) of section 701(b)(1) and the the Commission shall constitute a quorum, members specified in subparagraphs (A) and Committees on Veterans’ Affairs of the Sen- but a lesser number may hold hearings. ate and House of Representatives; and (C) of section 701(b)(3) shall review the fol- (f) CHAIRMAN AND VICE CHAIRMAN.—The lowing programs: ‘‘(2) obtain an audit by the Comptroller Commission shall select a chairman and vice General of the United States of each finan- (A) Educational assistance programs. chairman from among its members. (B) Job counseling, job training, and job cial statement prepared under paragraph (g) MEETINGS.—The Commission shall meet (1)(A), which shall be conducted in accord- placement services programs. at the call of the chairman of the Commis- (C) Rehabilitation and training programs. ance with applicable generally accepted gov- sion. ernment auditing standards and shall be in (D) Housing loan programs. (h) PANELS.—The Commission may estab- (E) Small business loan and small business lieu of any audit otherwise required by law. lish panels composed of less than the full ‘‘(c) The Commission may not obligate, assistance programs. membership of the Commission for the pur- (F) Employment and employment training withdraw, or expend funds received as con- pose of carrying out the Commission’s du- tributions before March 1, 1998.’’. programs for employment in the public sec- ties. The actions of such panels shall be sub- tor and the private sector, including em- TITLE VII—COMMISSION ON ject to the review and control of the Com- ployer training programs and union appren- SERVICEMEMBERS AND VETERANS mission. Any findings and determinations ticeship programs. TRANSITION ASSISTANCE made by such a panel shall not be considered (G) Government personnel policies (includ- SEC. 701. ESTABLISHMENT OF COMMISSION. the findings and determinations of the Com- ing veterans’ preference policies) and the en- (a) ESTABLISHMENT.—There is established a mission unless approved by the Commission. forcement of such policies. commission to be known as the Commission (i) AUTHORITY OF INDIVIDUALS TO ACT FOR (H) Programs that prepare the families of on Servicemembers and Veterans Transition COMMISSION.—Any member or agent of the members of the Armed Forces for their tran- Assistance (hereafter in this title referred to Commission may, if authorized by the Com- sition from military life to civilian life and as the ‘‘Commission’’). mission, take any action which the Commis- facilitate that transition. (b) MEMBERSHIP.—(1) The Commission shall sion is authorized to take under this title. (2) In carrying out the review, such mem- be composed of 12 members appointed from SEC. 702. DUTIES OF COMMISSION. bers of the Commission shall determine the among private United States citizens with (a) IN GENERAL.—The Commission shall— following: appropriate and diverse experiences, exper- (1) review the adequacy and effectiveness (A) The adequacy of the programs referred tise, and historical perspectives on veterans, of veterans transition assistance and bene- to in paragraph (1) for their purposes. military, organizational, and management fits programs in providing assistance to (B) The adequacy of the support of the De- matters. The members shall be appointed as members of the Armed Forces in making the partment of Veterans Affairs for such pro- follows: transition and adjustment to civilian life; grams. (A) Four shall be appointed jointly by the (2) review the allocation under law of re- (C) The adequacy of funding levels for such chairman and ranking minority member of sponsibility for the administration of veter- programs. the Committee on Veterans’ Affairs of the ans transition assistance and benefits pro- (D) The extent to which such programs House of Representatives. grams among the various departments and provide veterans with job-search skills. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12131

(E) The extent to which such programs pre- (b) TRAVEL AND TRAVEL EXPENSES.—(1) mission such amounts as the Commission pare veterans for employment in the private Members and personnel of the Commission may require to carry out its duties under sector and in the public sector. may travel on military aircraft, military ve- this title. The Secretary shall make such (F) The effectiveness of such programs in hicles, or other military conveyances when amounts available from amounts appro- assisting veterans in finding employment in travel is necessary in the performance of a priated for the Department of Defense, ex- the public sector upon their separation from duty of the Commission except when the cost cept that such amounts may not be from service. of commercial transportation is less expen- amounts appropriated for the transition as- (G) The ways in which such programs could sive. sistance program (TAP), the Army career be improved. (2) The members of the Commission may alumni program (ACAP), or any similar pro- (d) REPORTS.—(1) Not later than 90 days be allowed travel expenses, including per gram. after the date on which all members of the diem in lieu of subsistence, at rates author- (b) AVAILABILITY.—Any sums made avail- Commission have been appointed under sec- ized for employees of agencies under sub- able to the Commission under subsection (a) tion 701(b)(1), the Commission shall submit chapter I of chapter 57 of title 5, United shall remain available, without fiscal year to the Committees on Veterans’ Affairs and States Code, while away from their homes or limitation, until the termination of the Armed Services of the Senate and the Com- regular places of business in the performance Commission. mittees on Veterans’ Affairs and National of services for the Commission. The Senate bill was ordered to be Security of the House of Representatives a (c) STAFF.—(1) The chairman of the Com- report setting forth a plan for the work of mission may, without regard to civil service read a third time, was read the third the Commission. The Commission shall de- laws and regulations, appoint and terminate time, and passed, and a motion to re- velop the plan in consultation with the Sec- an executive director and up to five addi- consider was laid on the table. retary of Defense, the Secretary of Veterans tional staff members as may be necessary to f Affairs, the Secretary of Labor, and the enable the Commission to perform its duties. heads of other appropriate departments and In appointing an individual as executive di- GENERAL LEAVE agencies of the Government. rector, the chairman shall, to the maximum (2)(A) Not later than 18 months after the Mr. STUMP. Mr. Speaker, I ask extent practicable, attempt to appoint an in- unanimous consent that all Members date of the first meeting of the Commission, dividual who is a veteran. The employment the Commission shall submit to the commit- of an executive director shall be subject to may have 5 legislative days within tees referred to in paragraph (1), and to the confirmation by the Commission. which to revise and extend their re- Secretary of Defense, the Secretary of Veter- (2) The chairman of the Commission may marks on the Senate amendments to ans Affairs, and the Secretary of Labor, a re- fix the compensation of the executive direc- H.R. 3458 and on S. 1711. port setting forth the activities, findings, tor and other personnel without regard to The SPEAKER pro tempore. Is there and recommendations of the Commission, in- the provisions of chapter 51 and subchapter objection to the request of the gen- cluding any recommendations for legislative III of chapter 53 of title 5, United States tleman from Arizona? action and administrative action as the Code, relating to classification of positions Commission considers appropriate. and General Schedule pay rates, except that There was no objection. (B) Not later than 90 days after receiving the rate of pay for the executive director and f the report referred to in subparagraph (A), other staff members may not exceed the rate the Secretary of Defense, the Secretary of payable for level V of the Executive Sched- FURTHER MESSAGE FROM THE Veterans Affairs, and the Secretary of Labor ule under section 5316 of such title. SENATE shall jointly transmit the report to Con- (d) DETAIL OF GOVERNMENT EMPLOYEES.— A further message from the Senate gress, together with the Secretaries’ com- Upon request of the chairman of the Com- ments on the report. by Mr. Lundregan, one of its clerks, an- mission, the head of any department or agen- nounced that the Senate had passed SEC. 703. POWERS OF COMMISSION. cy of the Government may detail, on a non- (a) HEARINGS.—The Commission may hold reimbursable basis, any personnel of the de- with an amendment a bill of the House such hearings, sit and act at such times and partment or agency to the Commission to as- of the following title in which the con- places, take such testimony, and receive sist the Commission in carrying out its du- currence of the House is requested. such evidence as the Commission considers ties. H.R. 3815. An act to make technical correc- advisable to carry out the purposes of this (e) PROCUREMENT OF TEMPORARY AND tions and miscellaneous amendments to title. INTERMITTENT SERVICES.—The chairman of trade laws. (b) INFORMATION FROM FEDERAL AGEN- the Commission may procure temporary and f CIES.—The Commission may secure directly intermittent services under section 3109(b) of from the Department of Defense, the Depart- title 5, United States Code, at rates for indi- MAKING TECHNICAL CORRECTION ment of Veterans Affairs, and any other de- viduals which do not exceed the daily equiva- partment or agency of the Government such TO NATIONAL DEFENSE AUTHOR- lent of the annual rate of basic pay pre- IZATION ACT FOR FISCAL 1993 information as the Commission considers scribed for level IV of the Executive Sched- necessary to carry out its duties under this ule under section 5316 of such title. Mr. BATEMAN. Mr. Speaker, I ask title. Upon request of the chairman of the SEC. 706. TERMINATION OF COMMISSION. unanimous consent that the Commit- Commission, the head of such department or The Commission shall terminate 90 days tee on National Security be discharged agency shall furnish such information expe- after the date on which it submits its report from further consideration of the bill ditiously to the Commission. under section 702(d)(2). SEC. 704. MISCELLANEOUS ADMINISTRATIVE (H.R. 4282) to amend the National De- SEC. 707. DEFINITIONS. PROVISIONS. fense Authorization Act for fiscal year For the purposes of this title: (a) POSTAL SERVICES.—The Commission 1993 to make a technical correction re- (1) The term ‘‘veterans transition assist- may use the United States mails in the same lating to the provision of Department manner and under the same conditions as ance and benefits program’’ means any pro- gram of the Government the purpose of of Defense assistance to local edu- other departments and agencies of the Gov- cation agencies, and ask for its imme- ernment. which is— (b) GIFTS.—The Commission may accept, (A) to assist, by rehabilitation or other diate consideration. use, and dispose of gifts or donations of serv- means, members of the Armed Forces in re- The Clerk read the title of the bill. ices or property. adjusting or otherwise making the transition The SPEAKER pro tempore. Is there (c) MISCELLANEOUS ADMINISTRATIVE SUP- to civilian life upon their separation from objection to the request of the gen- PORT.—The Secretary of Defense, the Sec- service in the Armed Forces; or tleman from Virginia? (B) to assist veterans in making the transi- retary of Veterans Affairs, and the Secretary Mr. MONTGOMERY. Mr. Speaker, re- of Labor shall, upon the request of the chair- tion to civilian life. man of the Commission, furnish the Commis- (2) The term ‘‘Armed Forces’’ has the serving the right to object, as ranking sion, on a reimbursable basis, any adminis- meaning given such term in section 101(10) of minority member on the Democratic trative and support services as the Commis- title 38, United States Code. side, I will not object, but I would like sion may require. (3) The term ‘‘veteran’’ has the meaning to yield to the gentleman from Vir- SEC. 705. COMMISSION PERSONNEL MATTERS. given such term in section 101(2) of title 38, ginia to explain the bill, and a number (a) COMPENSATION OF MEMBERS.—Each United States Code. of other Members on both sides are in- member of the Commission may be com- (4) The term ‘‘veterans service organiza- terested in this bill and the expla- pensated at a rate equal to the daily equiva- tion’’ means any organization covered by section 5902(a) of title 38, United States nation. lent of the annual rate of basic pay pre- Mr. BATEMAN. Mr. Speaker, I do ap- scribed for level IV of the Executive Sched- Code. ule under section 5315 of title 5, United SEC. 708. FUNDING. preciate the distinguished soldier States Code, for each day (including travel (a) IN GENERAL.—The Secretary of Defense statesman from Mississippi for allow- time) during which such member is engaged shall, upon the request of the chairman of ing me the opportunity to explain why in performing the duties of the Commission. the Commission, make available to the Com- this bill is necessary. H12132 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. Speaker, when the 1986 defense who wanted to cut impact aid for these the Comprehensive Methamphetamine authorization bill was enrolled, it was deserving military children, people Control Act of 1996. The bill represents enrolled with a typographical error, in such as Mr. BATEMAN saw the impor- a major, bipartisan effort to respond to that it made reference to an accom- tance and the value of this program. It the national methamphetamine crisis panying section as section 8803(A), not only provides the support for a confronting our nation today. The bill when it should have made reference to quality education for military children passed by a vote of 386 to 34. 8803(A)(1). This bill simply corrects they deeply deserve; it also is a matter H.R. 3852 is nearly identical to S. that typographical error. of maintaining quality people in our 1965, which was passed by the Senate So if we can get it enacted and signed military, because with an all-volunteer nearly two weeks ago. It was intro- by the President, the school districts force how can we expect the best and duced by Senate Judiciary Chairman which were supposed to and intended to brightest to come into our Armed HATCH and a large, bipartisan group of receive those funds pursuant to the Forces if we cannot assure them that Senators, including Senators BIDEN, correctly enrolled and passed bill will their children will receive a quality DASCHLE and FEINSTEIN. be able to receive them. education? The principal difference between the It is purely correcting a typo- So my thanks once again goes out to two bills is that the Senate bill lacks graphical error, but a very significant the gentleman from Virginia [Mr. the mandatory minimum sentences for one to the school districts affected. BATEMAN], who at one point last year methamphetamine trafficking. Mr. MONTGOMERY. Mr. Speaker, very briefly after a momentary health Like the House bill, S. 1965 has the further reserving the right to object, I problem, even at some risk to his own support of both the pharmaceutical in- want to thank the gentleman for health, came to this floor to see that dustry and the Drug Enforcement Ad- catching this technical error that real- the impact aid program would stay ministration. ly affected a number of people. alive, and for that not only I but, far I must say, and I think I speak for Mr. Speaker, further reserving the more importantly, millions of Amer- the entire law enforcement community right to object I yield to the gentleman ican children this year and generations when I say, I am disappointed that the from Virginia [Mr. SCOTT]. Mr. SCOTT. Mr. Speaker, I would ahead will be in his debt. Senate did not pass our tougher bill. I Mr. MONTGOMERY. Mr. Speaker, like to thank the gentleman from Mis- am disappointed that those few Mem- sissippi for his hard work and dedica- further reserving the right to object, I bers in the other body who opposed the tion over the years. I would also like to would like to commend the gentleman mandatory minimum sentences in our thank my colleague from Virginia, Mr. from Virginia for making this correc- bill did not drop their opposition. And, tion for us, and congratulate him on BATEMAN, for his hard work and dili- I am disappointed that the President, gence in this effort, not only in this ef- being reelected to the Congress. who says he supports the mandatory Mr. Speaker, I withdraw my reserva- fort but over the years for impact aid. minimums in the House bill, did not It is an extremely important element tion of objection. call those Members, who are in his own The SPEAKER pro tempore. Is there of funding for education in highly im- party, and ask them to support these objection to the request of the gen- pacted areas. much-needed penalties. My colleague from Virginia has tleman from Virginia? Nevertheless, this is still a good bill. There was no objection. worked extremely hard in this area. It is a bipartisan bill. It is a vitally im- The Clerk read the bill, as follows: Having found the mistake, he had even portant effort that has been worked on more work to do to get it back in. I H.R. 4282 by Members of both Houses and both want to congratulate the gentleman Be it enacted by the Senate and House of Rep- parties. I thank my colleague for yield- resentatives of the United States of America in ing. for a job well done. There are many Congress assembled, others, including the gentleman from SECTION 1. TECHNICAL CORRECTION RELATING b 2245 Texas [Mr. EDWARDS], who have been TO DEPARTMENT OF DEFENSE AS- Ms. LOFGREN. Mr. Speaker, further very diligent in this area, but I espe- SISTANCE TO LOCAL EDUCATIONAL reserving my right to object, I think cially wanted to thank my colleague AGENCIES. from Virginia for his hard work. Section 386(c)(1) of the National Defense this is a strong and good bill for a men- Mr. MONTGOMERY. Mr. Speaker, Authorization Act for Fiscal Year 1993 (Pub. ace, methamphetamine, that is grow- further reserving the right to object, I L. 102–484; 20 U.S.C. 7703 note) is amended— ing exponentially, especially in my (1) by striking ‘‘section 8003(a)’’ and insert- own home State of California. The yield to the gentleman from Texas [Mr. ing ‘‘section 8003(a)(1)’’; and EDWARDS]. (2) by striking ‘‘(20 U.S.C. 7703(a))’’ and in- measures, having to do with control of Mr. EDWARDS. Mr. Speaker, I want serting ‘‘(20 U.S.C. 7703(a)(1))’’. precursor chemicals, will have a sig- to thank the gentleman from Mis- The bill was ordered to be engrossed nificant, positive impact in the reduc- sissippi, Chairman MONTGOMERY, and and read a third time, was read the tion of the availability of this drug. Mr. Speaker, I withdraw my reserva- once again express my gratitude for his third time, and passed, and a motion to tion of objection. leadership on the national security reconsider was laid on the table. The SPEAKER pro tempore (Mr. over the years. We are a stronger Na- f tion because of his service. HANSEN). Is there objection to the re- I simply wanted to say in my 6 years COMPREHENSIVE METHAMPHET- quest of the gentleman from Florida? in the Congress, probably one of the AMINE CONTROL ACT OF 1996 There was no objection. greater privileges I have had has been Mr. MCCOLLUM. Mr. Speaker, I ask The Clerk read the Senate bill, as fol- to work with the gentleman from Vir- unanimous consent to take from the lows: ginia [Mr. BATEMAN] to fight for the Speaker’s table the Senate bill (S. 1965) S. 1965 impact aid program. It seems to me, to prevent the illegal manufacturing Be it enacted by the Senate and House of Rep- Mr. Speaker, that along with our Na- and use of methamphetamine, and ask resentatives of the United States of America in tion’s veterans, there could be few for its immediate consideration. Congress assembled, groups more deserving in America than The Clerk read the title of the Senate SECTION 1. SHORT TITLE AND TABLE OF CON- the children of military families, chil- bill. TENTS. dren who often have to go to school not (a) SHORT TITLE.—This Act may be cited as The SPEAKER pro tempore. Is there the ‘‘Comprehensive Methamphetamine Con- knowing whether their mother or fa- objection to the request of the gen- trol Act of 1996’’. ther will even be alive at their gradua- tleman from Florida? (b) TABLE OF CONTENTS.—The table of con- tion, children who Christmas after Ms. LOFGREN. Mr. Speaker, reserv- tents for this Act is as follows: Christmas or season after season have ing the right to object, and I will not Sec. 1. Short title and table of contents. to be with only one part of their fam- object, I would like to yield to the gen- Sec. 2. Findings. ily, because the father or mother is tleman from Florida [Mr. MCCOLLUM], TITLE I—IMPORTATION OF METH- serving their country thousands of the chairman of the subcommittee, for AMPHETAMINE AND PRECURSOR miles away. an explanation of the bill. CHEMICALS While I am sorry there were some in Mr. MCCOLLUM. Mr. Speaker, just 2 Sec. 101. Support for international efforts to Washington from both parties last year days ago this body voted on H.R. 3852, control drugs. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12133 Sec. 102. Penalties for manufacture of listed international drug enforcement efforts to de- sible measures to effectively prevent the di- chemicals outside the United crease the movement of methamphetamine version of red phosphorous, iodine, hydro- States with intent to import and methamphetamine precursors into the chloric gas, and other agents for use in the them into the United States. United States. production of methamphetamine. Nothing in TITLE II—PROVISIONS TO CONTROL THE SEC. 102. PENALTIES FOR MANUFACTURE OF this section shall preclude the Attorney Gen- MANUFACTURE OF METHAMPHETAMINE LISTED CHEMICALS OUTSIDE THE eral from taking any action the Attorney UNITED STATES WITH INTENT TO General already is authorized to take with Sec. 201. Seizure and forfeiture of regulated IMPORT THEM INTO THE UNITED regard to the regulation of listed chemicals chemicals. STATES. Sec. 202. Study and report on measures to under current law. (a) UNLAWFUL IMPORTATION.—Section (b) REPORT.—Not later than January 1, prevent sales of agents used in 1009(a) of the Controlled Substances Import 1998, the Attorney General shall submit a re- methamphetamine production. and Export Act (21 U.S.C. 959(a)) is amend- Sec. 203. Increased penalties for manufac- port to the Congress of its findings pursuant ed— ture and possession of equip- to the study conducted under subsection (a) (1) in the matter before paragraph (1), by ment used to make controlled on the need for and advisability of preven- inserting ‘‘or listed chemical’’ after ‘‘sched- substances. tive measures. (c) CONSIDERATIONS.—In developing rec- Sec. 204. Addition of iodine and hydrochloric ule I or II’’; and ommendations under subsection (b), the At- gas to list II. (2) in paragraphs (1) and (2), by inserting Sec. 205. Civil penalties for firms that sup- ‘‘or chemical’’ after ‘‘substance’’. torney General shall consider— ply precursor chemicals. (b) UNLAWFUL MANUFACTURE OR DISTRIBU- (1) the use of red phosphorous, iodine, hy- Sec. 206. Injunctive relief. TION.—Paragraphs (1) and (2) of section drochloric gas, and other agents in the ille- Sec. 207. Restitution for cleanup of clandes- 1009(b) of the Controlled Substances Import gal manufacture of methamphetamine; tine laboratory sites. and Export Act (21 U.S.C. 959(b)) are amend- (2) the use of red phosphorous, iodine, hy- Sec. 208. Record retention. ed by inserting ‘‘or listed chemical’’ after drochloric gas, and other agents for legiti- Sec. 209. Technical amendments. ‘‘controlled substance’’. mate, legal purposes, and the impact any Sec. 210. Withdrawal of regulations. (c) PENALTIES.—Section 1010(d) of the Con- regulations may have on these legitimate TITLE III—INCREASED PENALTIES FOR trolled Substances Import and Export Act (21 purposes; and TRAFFICKING AND MANUFACTURE OF U.S.C. 960(d)) is amended— (3) comments and recommendations from METHAMPHETAMINE AND PRECUR- (1) in paragraph (5), by striking ‘‘or’’ at the law enforcement, manufacturers of such SORS end; chemicals, and the consumers of such chemi- Sec. 301. Penalty increases for trafficking in (2) in paragraph (6), by striking the comma cals for legitimate, legal purposes. methamphetamine. at the end and inserting ‘‘; or’’; and SEC. 203. INCREASED PENALTIES FOR MANUFAC- Sec. 302. Enhanced penalties for offenses in- (3) by adding at the end the following: TURE AND POSSESSION OF EQUIP- volving certain listed chemi- ‘‘(7) manufactures, possesses with intent to MENT USED TO MAKE CONTROLLED SUBSTANCES. cals. distribute, or distributes a listed chemical in Sec. 303. Enhanced penalty for dangerous violation of section 959 of this title.’’. (a) IN GENERAL.—Section 403(d) of the Con- trolled Substances Act (21 U.S.C. 843(d)) is handling of controlled sub- TITLE II—PROVISIONS TO CONTROL THE amended— stances: amendment of sentenc- MANUFACTURE OF METHAMPHETAMINE (1) by striking ‘‘(d) Any person’’ and insert- ing guidelines. SEC. 201. SEIZURE AND FORFEITURE OF REGU- ing ‘‘(d)(1) Except as provided in paragraph LATED CHEMICALS. TITLE IV—LEGAL MANUFACTURE, DIS- (2), any person’’; and (a) PENALTIES FOR SIMPLE POSSESSION.— TRIBUTION, AND SALE OF PRECURSOR (2) by adding at the end the following: CHEMICALS Section 404 of the Controlled Substances Act ‘‘(2) Any person who, with the intent to Sec. 401. Diversion of certain precursor (21 U.S.C. 844) is amended— manufacture or to facilitate the manufac- chemicals. (1) in subsection (a)— ture of methamphetamine, violates para- Sec. 402. Mail order restrictions. (A) by adding after the first sentence the graph (6) or (7) of subsection (a), shall be sen- TITLE V—EDUCATION AND RESEARCH following: ‘‘It shall be unlawful for any per- tenced to a term of imprisonment of not son knowingly or intentionally to possess Sec. 501. Interagency methamphetamine more than 10 years, a fine of not more than any list I chemical obtained pursuant to or task force. $30,000, or both; except that if any person Sec. 502. Public health monitoring. under authority of a registration issued to commits such a violation after one or more Sec. 503. Public-private education program. that person under section 303 of this title or prior convictions of that person— Sec. 504. Suspicious orders task force. section 1008 of title III if that registration ‘‘(A) for a violation of paragraph (6) or (7) SEC. 2. FINDINGS. has been revoked or suspended, if that reg- of subsection (a); The Congress finds the following: istration has expired, or if the registrant has ‘‘(B) for a felony under any other provision (1) Methamphetamine is a very dangerous ceased to do business in the manner con- of this subchapter or subchapter II of this and harmful drug. It is highly addictive and templated by his registration.’’; and chapter; or is associated with permanent brain damage (B) by striking ‘‘drug or narcotic’’ and in- ‘‘(C) under any other law of the United in long-term users. serting ‘‘drug, narcotic, or chemical’’ each States or any State relating to controlled (2) The abuse of methamphetamine has in- place it appears; and substances or listed chemicals, creased dramatically since 1990. This in- (2) in subsection (c), by striking ‘‘drug or has become final, such person shall be sen- creased use has led to devastating effects on narcotic’’ and inserting ‘‘drug, narcotic, or tenced to a term of imprisonment of not individuals and the community, including— chemical’’. more than 20 years, a fine of not more than (A) a dramatic increase in deaths associ- (b) FORFEITURES.—Section 511(a) of the $60,000, or both.’’. ated with methamphetamine ingestion; Controlled Substances Act (21 U.S.C. 881(a)) (b) SENTENCING COMMISSION.—The United (B) an increase in the number of violent is amended— States Sentencing Commission shall amend crimes associated with methamphetamine (1) in paragraphs (2) and (6), by inserting the sentencing guidelines to ensure that the ingestion; and ‘‘or listed chemical’’ after ‘‘controlled sub- manufacture of methamphetamine in viola- (C) an increase in criminal activity associ- stance’’ each place it appears; and tion of section 403(d)(2) of the Controlled ated with the illegal importation of meth- (2) in paragraph (9), by— Substances Act, as added by subsection (a), amphetamine and precursor compounds to (A) inserting ‘‘dispensed, acquired,’’ after is treated as a significant violation. support the growing appetite for this drug in ‘‘distributed,’’ both places it appears; and SEC. 204. ADDITION OF IODINE AND HYDRO- the United States. (B) striking ‘‘a felony provision of’’. CHLORIC GAS TO LIST II. (c) SEIZURE.—Section 607 of the Tariff Act (3) Illegal methamphetamine manufacture (a) IN GENERAL.—Section 102(35) of the Con- of 1930 (19 U.S.C. 1607) is amended— and abuse presents an imminent public trolled Substances Act (21 U.S.C. 802(35)) is (1) in subsection (a)(3), by inserting ‘‘or health threat that warrants aggressive law amended by adding at the end the following: listed chemical’’ after ‘‘controlled sub- enforcement action, increased research on ‘‘(I) Iodine. stance’’; and methamphetamine and other substance ‘‘(J) Hydrochloric gas.’’. (2) by amending subsection (b) to read as (b) IMPORTATION AND EXPORTATION RE- abuse, increased coordinated efforts to pre- follows: QUIREMENTS.—(1) Iodine shall not be subject vent methamphetamine abuse, and increased ‘‘(b) As used in this section, the terms to the requirements for listed chemicals pro- monitoring of the public health threat meth- ‘controlled substance’ and ‘listed chemical’ vided in section 1018 of the Controlled Sub- amphetamine presents to the communities have the meaning given such terms in sec- stances Import and Export Act (21 U.S.C. of the United States. tion 102 of the Controlled Substances Act (21 971). TITLE I—IMPORTATION OF METH- U.S.C. 802).’’. (2) EFFECT OF EXCEPTION.—The exception AMPHETAMINE AND PRECURSOR SEC. 202. STUDY AND REPORT ON MEASURES TO made by paragraph (1) shall not limit the au- CHEMICALS PREVENT SALES OF AGENTS USED thority of the Attorney General to impose SEC. 101. SUPPORT FOR INTERNATIONAL EF- IN METHAMPHETAMINE PRODUC- the requirements for listed chemicals pro- FORTS TO CONTROL DRUGS. TION. vided in section 1018 of the Controlled Sub- The Attorney General, in consultation (a) STUDY.—The Attorney General of the stances Import and Export Act (21 U.S.C. with the Secretary of State, shall coordinate United States shall conduct a study on pos- 971). H12134 CONGRESSIONAL RECORD — HOUSE September 28, 1996 SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SEC. 207. RESTITUTION FOR CLEANUP OF CLAN- (4) the recent increase in the illegal impor- SUPPLY PRECURSOR CHEMICALS. DESTINE LABORATORY SITES. tation of methamphetamine and precursor (a) OFFENSES.—Section 402(a) of the Con- Section 413 of the Controlled Substances chemicals. trolled Substances Act (21 U.S.C. 842(a)) is Act (21 U.S.C. 853) is amended by adding at SEC. 302. ENHANCED PENALTIES FOR OFFENSES amended— the end the following: INVOLVING CERTAIN LISTED CHEMI- (1) in paragraph (9), by striking ‘‘or’’ after ‘‘(q) The court, when sentencing a defend- CALS. the semicolon; ant convicted of an offense under this title (a) CONTROLLED SUBSTANCES ACT.—Section (2) in paragraph (10), by striking the period or title III involving the manufacture of 401(d) of the Controlled Substances Act (21 and inserting ‘‘; or’’; and methamphetamine, may— U.S.C. 841(d)) is amended by striking ‘‘not (3) by adding at the end the following: ‘‘(1) order restitution as provided in sec- more than 10 years,’’ and inserting ‘‘not ‘‘(11) to distribute a laboratory supply to a tions 3612 and 3664 of title 18, United States more than 20 years in the case of a violation person who uses, or attempts to use, that Code; of paragraph (1) or (2) involving a list I laboratory supply to manufacture a con- ‘‘(2) order the defendant to reimburse the chemical or not more than 10 years in the trolled substance or a listed chemical, in vio- United States for the costs incurred by the case of a violation of this subsection other lation of this title or title III, with reckless United States for the cleanup associated than a violation of paragraph (1) or (2) in- disregard for the illegal uses to which such a with the manufacture of methamphetamine volving a list I chemical,’’. (b) CONTROLLED SUBSTANCE IMPORT AND EX- laboratory supply will be put. by the defendant; and PORT ACT.—Section 1010(d) of the Controlled As used in paragraph (11), the term ‘labora- ‘‘(3) order restitution to any person injured Substance Import and Export Act (21 U.S.C. tory supply’ means a listed chemical or any as a result of the offense as provided in sec- 960(d)) is amended by striking ‘‘not more chemical, substance, or item on a special tion 3663 of title 18, United States Code.’’. surveillance list published by the Attorney than 10 years,’’ and inserting ‘‘not more than General, which contains chemicals, products, SEC. 208. RECORD RETENTION. 20 years in the case of a violation of para- materials, or equipment used in the manu- Section 310(a)(1) of the Controlled Sub- graph (1) or (3) involving a list I chemical or facture of controlled substances and listed stances Act (21 U.S.C. 830(a)(1)) is amended not more than 10 years in the case of a viola- chemicals. For purposes of paragraph (11), by striking the dash after ‘‘transaction’’ and tion of this subsection other than a violation there is a rebuttable presumption of reckless subparagraphs (A) and (B) and inserting ‘‘for of paragraph (1) or (3) involving a list I disregard at trial if the Attorney General no- two years after the date of the transaction.’’. chemical,’’. tifies a firm in writing that a laboratory sup- SEC. 209. TECHNICAL AMENDMENTS. (c) SENTENCING GUIDELINES.— ply sold by the firm, or any other person or Section 102 of the Controlled Substances (1) IN GENERAL.—The United States Sen- firm, has been used by a customer of the no- Act (21 U.S.C. 802) is amended— tencing Commission shall, in accordance tified firm, or distributed further by that (1) in paragraph (34), by amending subpara- with the procedures set forth in section 21(a) customer, for the unlawful production of graphs (P), (S), and (U) to read as follows: of the Sentencing Act of 1987, as though the controlled substances or listed chemicals a ‘‘(P) Isosafrole. authority of that section had not expired, firm distributes and 2 weeks or more after ‘‘(S) N-Methylephedrine. amend the sentencing guidelines to increase the notification the notified firm distributes ‘‘(U) Hydriodic acid.’’; and by at least two levels the offense level for of- a laboratory supply to the customer.’’. (2) in paragraph (35), by amending subpara- fenses involving list I chemicals under— (b) CIVIL PENALTY.—Section 402(c)(2) of the graph (G) to read as follows: (A) section 401(d) (1) and (2) of the Con- Controlled Substances Act (21 U.S.C. ‘‘(G) 2-Butanone (or Methyl Ethyl Ke- trolled Substances Act (21 U.S.C 841(d) (1) 842(c)(2)) is amended by adding at the end the tone).’’. and (2)); and following: (B) section 1010(d) (1) and (3) of the Con- ‘‘(C) In addition to the penalties set forth SEC. 210. WITHDRAWAL OF REGULATIONS. trolled Substance Import and Export Act (21 elsewhere in this title or title III, any busi- The final rule concerning removal of ex- U.S.C. 960(d) (1) and (3)). ness that violates paragraph (11) of sub- emption for certain pseudoephedrine prod- (2) REQUIREMENT.—In carrying out this section (a) shall, with respect to the first ucts marketed under the Federal Food, Drug, subsection, the Commission shall ensure such violation, be subject to a civil penalty and Cosmetic Act published in the Federal that the offense levels for offenses referred of not more than $250,000, but shall not be Register of August 7, 1996 (61 FR 40981–40993) to in paragraph (1) are calculated proportion- subject to criminal penalties under this sec- is null and void and of no force or effect. ally on the basis of the quantity of con- tion, and shall, for any succeeding violation, TITLE III—INCREASED PENALTIES FOR trolled substance that reasonably could have be subject to a civil fine of not more than TRAFFICKING AND MANUFACTURE OF been manufactured in a clandestine setting $250,000 or double the last previously imposed METHAMPHETAMINE AND PRECURSORS using the quantity of the list I chemical pos- penalty, whichever is greater.’’. SEC. 301. PENALTY INCREASES FOR TRAFFICK- sessed, distributed, imported, or exported. SEC. 206. INJUNCTIVE RELIEF. ING IN METHAMPHETAMINE. SEC. 303. ENHANCED PENALTY FOR DANGEROUS (a) TEN-YEAR INJUNCTION MAJOR OF- (a) DIRECTIVE TO THE UNITED STATES SEN- HANDLING OF CONTROLLED SUB- STANCES: AMENDMENT OF SEN- FENSES.—Section 401(f) of the Controlled TENCING COMMISSION.—Pursuant to its au- TENCING GUIDELINES. Substances Act (21 U.S.C. 841(f)) is amended thority under section 994 of title 28, United (a) IN GENERAL.—Pursuant to its authority by— States Code, the United States Sentencing (1) inserting ‘‘manufacture, exportation,’’ under section 994 of title 28, United States Commission shall review and amend its Code, the United States Sentencing Commis- after ‘‘distribution,’’; and guidelines and its policy statements to pro- (2) striking ‘‘regulated’’. sion shall determine whether the Sentencing vide for increased penalties for unlawful Guidelines adequately punish the offenses (b) TEN-YEAR INJUNCTION OTHER OF- manufacturing, importing, exporting, and FENSES.—Section 403 of the Controlled Sub- described in subsection (b) and, if not, pro- trafficking of methamphetamine, and other mulgate guidelines or amend existing guide- stances Act (21 U.S.C. 843) is amended— similar offenses, including unlawful posses- (1) in subsection (e), by— lines to provide an appropriate enhancement sion with intent to commit any of those of- of the punishment for a defendant convicted (A) inserting ‘‘manufacture, exportation,’’ fenses, and attempt and conspiracy to com- after ‘‘distribution,’’; and of such an offense. mit any of those offenses. The Commission (b) OFFENSE.—The offense referred to in (B) striking ‘‘regulated’’; and shall submit to Congress explanations there- subsection (a) is a violation of section 401(d), (2) by adding at the end the following: for and any additional policy recommenda- 401(g)(1), 403(a)(6), or 403(a)(7) of The Con- ‘‘(f) INJUNCTIONS.—(1) In addition to any tions for combating methamphetamine of- trolled Substances Act (21 U.S.C. 841(d), penalty provided in this section, the Attor- fenses. 841(g)(1), 843(a)(6), and 843(a)(7)), in cases in ney General is authorized to commence a (b) IN GENERAL.—In carrying out this sec- which in the commission of the offense the civil action for appropriate declaratory or tion, the Commission shall ensure that the defendant violated— injunctive relief relating to violations of this sentencing guidelines and policy statements (1) subsection (d) or (e) of section 3008 of section or section 402. ‘‘(2) Any action under this subsection may for offenders convicted of offenses described the Solid Waste Disposal Act (relating to be brought in the district court of the United in subsection (a) and any recommendations handling hazardous waste in a manner incon- States for the district in which the defend- submitted under such subsection reflect the sistent with Federal or applicable State ant is located or resides or is doing business. heinous nature of such offenses, the need for law); ‘‘(3) Any order or judgment issued by the aggressive law enforcement action to fight (2) section 103(b) of the Comprehensive En- court pursuant to this subsection shall be such offenses, and the extreme dangers asso- vironmental Response, Compensation and Li- tailored to restrain violations of this section ciated with unlawful activity involving ability Act (relating to failure to notify as to or section 402. methamphetamine, including— the release of a reportable quantity of a haz- ‘‘(4) The court shall proceed as soon as (1) the rapidly growing incidence of meth- ardous substance into the environment); practicable to the hearing and determination amphetamine abuse and the threat to public (3) section 301(a), 307(d), 309(c)(2), 309(c)(3), of such an action. An action under this sub- safety such abuse poses; 311(b)(3), or 311(b)(5) of the Federal Water section is governed by the Federal Rules of (2) the high risk of methamphetamine ad- Pollution Control Act (relating to the unlaw- Civil Procedure except that, if an indictment diction; ful discharge of pollutants or hazardous sub- has been returned against the respondent, (3) the increased risk of violence associated stances, the operation of a source in viola- discovery is governed by the Federal Rules of with methamphetamine trafficking and tion of a pretreatment standard, and the fail- Criminal Procedure.’’. abuse; and ure to notify as to the release of a reportable September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12135 quantity of a hazardous substance into the Industrial Classification (SIC) code, as fol- phenylpropanolamine-containing compounds water); or lows: may not be lowered beyond that established (4) section 5124 of title 49, United States ‘‘(i) A grocery store is an entity within SIC in this paragraph. Code (relating to violations of laws and regu- code 5411. (ii) CONDITIONS.—In order to establish a lations enforced by the Department of Trans- ‘‘(ii) A general merchandise store is an en- single-transaction limit of 24 grams of phen- portation with respect to the transportation tity within SIC codes 5300 through 5399 and ylpropanolamine base, the Attorney General of hazardous material). 5499. shall establish, following notice, comment, TITLE IV—LEGAL MANUFACTURE, DIS- ‘‘(iii) A drug store is an entity within SIC and an informal hearing, that since the date TRIBUTION, AND SALE OF PRECURSOR code 5912.’’. of enactment of this Act there are a signifi- CHEMICALS (c) REINSTATEMENT OF LEGAL DRUG EXEMP- cant number of instances where ordinary TION.—Section 204 of the Controlled Sub- over-the-counter phenylpropanolamine prod- SEC. 401. DIVERSION OF CERTAIN PRECURSOR stances Act (21 U.S.C. 814) is amended by ucts as established in paragraph (45) of sec- CHEMICALS. adding at the end the following new sub- tion 102 of the Controlled Substances Act (21 (a) IN GENERAL.—Section 102(39) of the Con- section: U.S.C. 802(45)), as added by this Act, sold by trolled Substances Act (21 U.S.C. 802(39)) is ‘‘(e) REINSTATEMENT OF EXEMPTION WITH retail distributors as established in para- amended— RESPECT TO EPHEDRINE, PSEUDOEPHEDRINE, graph (46) in section 102 of the Controlled (1) in subparagraph (A)(iv)(I)(aa), by strik- AND PHENYLPROPANOLAMINE DRUG PROD- Substances Act (21 U.S.C. 802(46)), are being ing ‘‘as’’ through the semicolon and insert- UCTS.—Pursuant to subsection (d)(1), the At- used as a significant source of precursor ing torney General shall by regulation reinstate chemicals for illegal manufacture of a con- ‘‘, pseudoephedrine or its salts, optical iso- the exemption with respect to a particular trolled substance in bulk. mers, or salts of optical isomers, or phenyl- ephedrine, pseudoephedrine, or phenyl- (B) VIOLATION.—Any individual or business propanolamine or its salts, optical isomers, propanolamine drug product if the Attorney that violates the thresholds established in or salts of optical isomers unless otherwise General determines that the drug product is this paragraph shall, with respect to the first provided by regulation of the Attorney Gen- manufactured and distributed in a manner such violation, receive a warning letter from eral issued pursuant to section 204(e) of this that prevents diversion. In making this de- the Attorney General and, if a business, the title;’’; and termination the Attorney General shall con- business shall be required to conduct manda- (2) in subparagraph (A)(iv)(II), by inserting sider the factors listed in subsection (d)(2). tory education of the sales employees of the ‘‘, pseudoephedrine, phenylpropanolamine,’’ Any regulation issued pursuant to this sub- firm with regard to the legal sales of after ‘‘ephedrine’’. section may be amended or revoked based on pseudoephedrine. For a second violation oc- (b) LEGITIMATE RETAILERS.—Section 102 of the factors listed in subsection (d)(4).’’. curring within 2 years of the first violation, the Controlled Substances Act (21 U.S.C. 802) (d) REGULATION OF RETAIL SALES.— the business or individual shall be subject to is amended— (1) PSEUDOEPHEDRINE.— a civil penalty of not more than $5,000. For (1) in paragraph (39)(A)(iv)(I)(aa), by adding (A) LIMIT.— any subsequent violation occurring within 2 before the semicolon the following: ‘‘, except (i) IN GENERAL.—Not sooner than the effec- years of the previous violation, the business that any sale of ordinary over-the-counter tive date of this section and subject to the or individual shall be subject to a civil pen- pseudoephedrine or phenylpropanolamine requirements of clause (ii), the Attorney alty not to exceed the amount of the pre- products by retail distributors shall not be a General may establish by regulation a sin- vious civil penalty plus $5,000. regulated transaction (except as provided in gle-transaction limit of 24 grams of (3) SIGNIFICANT NUMBER OF INSTANCES.— section 401(d) of the Comprehensive Meth- pseudoephedrine base for retail distributors. (A) IN GENERAL.—For purposes of this sub- amphetamine Control Act of 1996)’’; Notwithstanding any other provision of law, section, isolated or infrequent use, or use in (2) in paragraph (39)(A)(iv)(II), by adding the single-transaction threshold quantity for insubstantial quantities, of ordinary over- before the semicolon the following: ‘‘, except pseudoephedrine-containing compounds may the-counter pseudoephedrine or phenyl- that the threshold for any sale of products not be lowered beyond that established in propanolamine, as defined in section 102(45) containing pseudoephedrine or phenyl- this paragraph. of the Controlled Substances Act, as added propanolamine products by retail distribu- (ii) CONDITIONS.—In order to establish a by section 401(b) of this Act, and sold at the tors or by distributors required to submit re- single-transaction limit of 24 grams of retail level for the illicit manufacture of ports by section 310(b)(3) of this title shall be pseudoephedrine base, the Attorney General methamphetamine or amphetamine may not 24 grams of pseudoephedrine or 24 grams of shall establish, following notice, comment, be used by the Attorney General as the basis phenylpropanolamine in a single trans- and an informal hearing that since the date for establishing the conditions under para- action’’; of enactment of this Act there are a signifi- graph (1)(A)(ii) of this subsection, with re- (3) by redesignating paragraph (43) relating cant number of instances where ordinary spect to pseudoephedrine, and paragraph to felony drug offense as paragraph (44); and over-the-counter pseudoephedrine products (2)(A)(ii) of this subsection, with respect to (4) by adding at the end the following: as established in paragraph (45) of section 102 phenylpropanolamine. ‘‘(45) The term ‘ordinary over-the-counter of the Controlled Substances Act (21 U.S.C. (B) CONSIDERATIONS AND REPORT.—The At- pseudoephedrine or phenylpropanolamine 802 (45)), as added by this Act, sold by retail torney General shall— product’ means any product containing distributors as established in paragraph (46) (i) in establishing a finding under para- pseudoephedrine or phenylpropanolamine in section 102 of the Controlled Substances graph (1)(A)(ii) or (2)(A)(ii) of this sub- that is— Act (21 U.S.C. 802(46)), are being widely used section, consult with the Secretary of Health ‘‘(A) regulated pursuant to this title; and as a significant source of precursor chemi- and Human Services in order to consider the ‘‘(B)(i) except for liquids, sold in package cals for illegal manufacture of a controlled effects on public health that would occur sizes of not more than 3.0 grams of substance for distribution or sale. from the establishment of new single trans- pseudoephedrine base or 3.0 grams of phenyl- (B) VIOLATION.—Any individual or business action limits as provided in such paragraph; propanolamine base, and that is packaged in that violates the thresholds established in and blister packs, each blister containing not this paragraph shall, with respect to the first (ii) upon establishing a finding, transmit a more than two dosage units, or where the use such violation, receive a warning letter from report to the Committees on the Judiciary in of blister packs is technically infeasible, the Attorney General and, if a business, the both, respectively, the House of Representa- that is packaged in unit dose packets or business shall be required to conduct manda- tives and the Senate in which the Attorney pouches; and tory education of the sales employees of the General will provide the factual basis for es- ‘‘(ii) for liquids, sold in package sizes of firm with regard to the legal sales of tablishing the new single transaction limits. not more than 3.0 grams of pseudoephedrine pseudoephedrine. For a second violation oc- (4) DEFINITION OF BUSINESS.—For purposes base or 3.0 grams of phenylpropanolamine curring within 2 years of the first violation, of this subsection, the term ‘‘business’’ base. the business or individual shall be subject to means the entity that makes the direct sale ‘‘(46)(A) The term ‘retail distributor’ a civil penalty of not more than $5,000. For and does not include the parent company of means a grocery store, general merchandise any subsequent violation occurring within 2 a business not involved in a direct sale regu- store, drug store, or other entity or person years of the previous violation, the business lated by this subsection. whose activities as a distributor relating to or individual shall be subject to a civil pen- (5) JUDICIAL REVIEW.—Any regulation pro- pseudoephedrine or phenylpropanolamine alty not to exceed the amount of the pre- mulgated by the Attorney General under products are limited almost exclusively to vious civil penalty plus $5,000. this section shall be subject to judicial re- sales for personal use, both in number of (2) PHENYLPROPANOLAMINE.— view pursuant to section 507 of the Con- sales and volume of sales, either directly to (A) LIMIT.— trolled Substances Act (21 U.S.C. 877). walk-in customers or in face-to-face trans- (i) IN GENERAL.—Not sooner than the effec- (e) EFFECT ON THRESHOLDS.—Nothing in actions by direct sales. tive date of this section and subject to the the amendments made by subsection (b) or ‘‘(B) For purposes of this paragraph, sale requirements of clause (ii), the Attorney the provisions of subsection (d) shall affect for personal use means the sale of below- General may establish by regulation a sin- the authority of the Attorney General to threshold quantities in a single transaction gle-transaction limit of 24 grams of phenyl- modify thresholds (including cumulative to an individual for legitimate medical use. propanolamine base for retail distributors. thresholds) for retail distributors for prod- ‘‘(C) For purposes of this paragraph, enti- Notwithstanding any other provision of law, ucts other than ordinary over-the-counter ties are defined by reference to the Standard the single-transaction threshold quantity for pseudoephedrine or phenylpropanolamine H12136 CONGRESSIONAL RECORD — HOUSE September 28, 1996 products (as defined in section 102(45) of the TITLE V—EDUCATION AND RESEARCH forcement and regulatory agencies with the Controlled Substances Act, as added by this SEC. 501. INTERAGENCY METHAMPHETAMINE experience in investigating and prosecuting section) or for non-retail distributors, im- TASK FORCE. illegal transactions of listed chemicals and porters, or exporters. (a) ESTABLISHMENT.—There is established a supplies; and (2) representatives from the chemical and (f) COMBINATION EPHEDRINE PRODUCTS.— ‘‘Methamphetamine Interagency Task pharmaceutical industry. (1) IN GENERAL.—For the purposes of this Force’’ (referred to as the ‘‘interagency task force’’) which shall consist of the following (b) RESPONSIBILITIES.—The Task Force section, combination ephedrine products shall be responsible for developing proposals shall be treated the same as pseudoephedrine members: (1) The Attorney General, or a designee, to define suspicious orders of listed chemi- products, except that— cals, and particularly to develop quantifiable (A) a single transaction limit of 24 grams who shall serve as chair. (2) 2 representatives selected by the Attor- parameters which can be used by registrants shall be effective as of the date of enactment in determining if an order is a suspicious of this Act and shall apply to sales of all ney General. (3) The Secretary of Education or a des- order which must be reported to DEA. The combination ephedrine products, notwith- quantifiable parameters to be addressed will standing the form in which those products ignee. (4) The Secretary of Health and Human include frequency of orders, deviations from are packaged, made by retail distributors or prior orders, and size of orders. The Task distributors required to submit a report Services or a designee. (5) 2 representatives of State and local law Force shall also recommend provisions as to under section 310(b)(3) of the Controlled Sub- what types of payment practices or unusual stances Act (as added by section 402 of this enforcement and regulatory agencies, to be selected by the Attorney General. business practices shall constitute prima Act); facie suspicious orders. In evaluating the (B) for regulated transactions for combina- (6) 2 representatives selected by the Sec- retary of Health and Human Services. proposals, the Task Force shall consider ef- tion ephedrine products other than sales de- fectiveness, cost and feasibility for industry scribed in subparagraph (A), the transaction (7) 5 nongovernmental experts in drug abuse prevention and treatment to be se- and government, an other relevant factors. limit shall be— (c) MEETINGS.—The Task Force shall meet (i) 1 kilogram of ephedrine base, effective lected by the Attorney General. (b) RESPONSIBILITIES.—The interagency at least two times per year and at such other on the date of enactment of this Act; or times as may be determined necessary by the (ii) a threshold other than the threshold task force shall be responsible for designing, implementing, and evaluating the education Task Force. described in clause (i), if established by the (d) REPORT.—The Task Force shall present Attorney General not earlier than 1 year and prevention and treatment practices and strategies of the Federal Government with a report to the Attorney General on its pro- after the date of enactment of this Act; and posals with regard to suspicious orders and (C) the penalties provided in subsection respect to methamphetamine and other syn- thetic stimulants. the electronic reporting of suspicious orders (d)(1)(B) of this section shall take effect on within one year of the date of enactment of (c) MEETINGS.—The interagency task force the date of enactment of this Act for any in- this Act. Copies of the report shall be for- dividual or business that violates the single shall meet at least once every 6 months. (d) FUNDING.—The administrative expenses warded to the Committees of the Senate and transaction limit of 24 grams for combina- of the interagency task force shall be paid House of Representatives having jurisdiction tion ephedrine products. out of existing Department of Justice appro- over the regulation of listed chemical and (2) DEFINITION.—For the purposes of this priations. controlled substances. section, the term ‘‘combination ephedrine (e) FACA.—The Federal Advisory Commit- (e) FUNDING.—The administrative expenses product’’ means a drug product containing tee Act (5 U.S.C. App. 2) shall apply to the of the Task Force shall be paid out of exist- ephedrine or its salts, optical isomers, or interagency task force. ing Department of Justice funds or appro- salts of optical isomers and therapeutically (f) TERMINATION.—The interagency task priations. significant quantities of another active me- force shall terminate 4 years after the date (f) FACA.—The Federal Advisory Commit- dicinal ingredient. of enactment of this Act. tee Act (5 U.S.C. App. 2) shall apply to the Task Force. (g) EFFECTIVE DATE OF THIS SECTION.—Not- SEC. 502. PUBLIC HEALTH MONITORING. (g) TERMINATION.—The Task Force shall withstanding any other provision of this Act, The Secretary of Health and Human Serv- terminate upon presentation of its report to this section shall not apply to the sale of any ices shall develop a public health monitoring the Attorney General, or two years after the pseudoephedrine or phenylpropanolamine program to monitor methamphetamine date of enactment of this Act, whichever is product prior to 12 months after the date of abuse in the United States. The program sooner. enactment of this Act, except that, on appli- shall include the collection and dissemina- cation of a manufacturer of a particular tion of data related to methamphetamine The Senate bill was ordered to be pseudoephedrine or phenylpropanolamine abuse which can be used by public health of- read a third time, was read a third drug product, the Attorney General may, in ficials in policy development. time, and passed, and a motion to re- her sole discretion, extend such effective SEC. 503. PUBLIC-PRIVATE EDUCATION PRO- consider was laid on the table. date up to an additional six months. Not- GRAM. f withstanding any other provision of law, the (a) ADVISORY PANEL.—The Attorney Gen- decision of the Attorney General on such an eral shall establish an advisory panel con- PERMISSION FOR MEMBERS TO application shall not be subject to judicial sisting of an appropriate number of rep- REVISE AND EXTEND THEIR RE- review. resentatives from Federal, State, and local MARKS IN TRIBUTE TO BILL law enforcement and regulatory agencies ZELIFF SEC. 402. MAIL ORDER RESTRICTIONS. with experience in investigating and pros- Mr. STEARNS. Mr. Speaker, I ask Section 310(b) of the Controlled Substances ecuting illegal transactions of precursor unanimous consent to insert my own Act (21 U.S.C. 830(b)) is amended by adding at chemicals. The Attorney General shall con- the end the following: vene the panel as often as necessary to de- remarks and to allow other Members to ‘‘(3) MAIL ORDER REPORTING.—(A) Each reg- velop and coordinate educational programs be permitted to insert their remarks on ulated person who engages in a transaction for wholesale and retail distributors of pre- the service and pay tribute to our col- with a nonregulated person which— cursor chemicals and supplies. league, the gentleman from New Hamp- ‘‘(i) involves ephedrine, pseudoephedrine, (b) CONTINUATION OF CURRENT EFFORTS.— shire, BILL ZELIFF, who is retiring. or phenylpropanolamine (including drug The Attorney General shall continue to— The SPEAKER pro tempore. Is there products containing these chemicals); and (1) maintain an active program of seminars objection to the request of the gen- and training to educate wholesale and retail ‘‘(ii) uses or attempts to use the Postal tleman from Florida? Service or any private or commercial car- distributors of precursor chemicals and sup- plies regarding the identification of sus- There was no objection. rier; Mr. STEARNS. Mr. Speaker, as the 104th shall, on a monthly basis, submit a report of picious transactions and their responsibility each such transaction conducted during the to report such transactions; and Congress draws to a close, we can look back previous month to the Attorney General in (2) provide assistance to State and local at a solid record of common-sense accom- such form, containing such data, and at such law enforcement and regulatory agencies to plishments. However, the end of this Congress times as the Attorney General shall estab- facilitate the establishment and mainte- will bring about the end of the distinguished lish by regulation. nance of educational programs for distribu- service rendered to this body, and to this na- tors of precursor chemicals and supplies. ‘‘(B) The data required for such reports tion, by my dear friend and colleagueÐBILL shall include— SEC. 504. SUSPICIOUS ORDERS TASK FORCE. ZELIFF. ‘‘(i) the name of the purchaser; (a) IN GENERAL.—The Attorney General Elected in 1990, in only his second term Bill ‘‘(ii) the quantity and form of the ephed- shall establish a ‘‘Suspicious Orders Task rine, pseudoephedrine, or phenylpropanola- Force’’ (the ‘‘Task Force’’) which shall con- put his name on an amazing proposalÐthe ``A mine purchased; and sist of— to Z'' plan. Zeliff was the ``Z'' in this planÐan ‘‘(iii) the address to which such ephedrine, (1) appropriate personnel from the Drug idea to hold a week long marathon session pseudoephedrine, or phenylpropanolamine Enforcement Administration (the ‘‘DEA’’) devoted solely to debating spending cuts. Al- was sent.’’. and other Federal, State, and local law en- though this plan did not make it to the floor, September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12137 it did set the stage for the remarkable record foreign government, foreign instrumental- ‘‘(2) any of the person’s property used, or of holding down the growth in spending ac- ity, or foreign agent, knowingly— intended to be used, in any manner or part, complished in this Congress. Although at the ‘‘(1) steals, or without authorization appro- to commit or facilitate the commission of priates, takes, carries away, or conceals, or such violation, if the court in its discretion end of the alphabet, BILL ZELIFF was a leader by fraud, artifice, or deception obtains a so determines, taking into consideration the in our efforts to balance the budget. trade secret; nature, scope, and proportionality of the use However, BILL never limited himself to just ‘‘(2) without authorization copies, dupli- of the property in the offense. one issue. With all of the problems we face in cates, sketches, draws, photographs, ‘‘(b) Property subject to forfeiture under this Nation, BILL was always willing to take on downloads, uploads, alters, destroys, photo- this section, any seizure and disposition another assignment. He demonstrated his copies, replicates, transmits, delivers, sends, thereof, and any administrative or judicial leadership through the Whip organization as mails, communicates, or conveys a trade se- proceeding in relation thereto, shall be gov- well as his skills in working with BILL MCCOL- cret; erned by section 413 of the Comprehensive LUM on the Waco hearings. He did a superb ‘‘(3) receives, buys, or possesses a trade se- Drug Abuse Prevention and Control Act of job. His efforts to combat the scourge of drugs cret, knowing the same to have been stolen 1970 (21 U.S.C. 853), except for subsections (d) or appropriated, obtained, or converted with- has also been outstanding. No matter how and (j) of such section, which shall not apply out authorization; to forfeitures under this section. tough the issue, BILL was willing to meet it ‘‘(4) attempts to commit any offense de- head on. scribed in any of paragraphs (1) through (3); ‘‘§ 1835. Orders to preserve confidentiality It was only natural that BILL and I would be- or ‘‘In any prosecution or other proceeding come friends. We shared many of the same ‘‘(5) conspires with one or more other per- under this chapter, the court shall enter sons to commit any offense described in any concerns and a common background. We such orders and take such other action as of paragraphs (1) through (4), and one or were small-business owners before coming to may be necessary and appropriate to pre- more of such persons do any act to effect the Congress, both of us as innkeepers. Through serve the confidentiality of trade secrets, this mutual background we learned how Gov- object of the conspiracy, shall, except as provided in subsection (b), be consistent with the requirements of the Fed- ernment can become a burden on busi- fined not more than $500,000 or imprisoned eral Rules of Criminal and Civil Procedure, nessesÐthe paperwork, regulations, and not more than 15 years, or both. the Federal Rules of Evidence, and all other taxes. We both embarked on campaigns for ‘‘(b) ORGANIZATIONS.—Any organization applicable laws. An interlocutory appeal by Congress, to change the way Washington that commits any offense described in sub- the United States shall lie from a decision or works. section (a) shall be fined not more than order of a district court authorizing or di- recting the disclosure of any trade secret. My personal esteem is so great for BILL, $10,000,000. that he became my roommate. I will miss the ‘‘§ 1832. Theft of trade secrets ‘‘§ 1836. Civil proceedings to enjoin violations time we spent together discussing the issues ‘‘(a) Whoever, with intent to convert a trade secret, that is related to or included in ‘‘(a) The Attorney General may, in a civil of the day. I would also point out that as action, obtain appropriate injunctive relief former hotel owners, we kept the place spot- a product that is produced for or placed in interstate or foreign commerce, to the eco- against any violation of this section. less. nomic benefit of anyone other than the ‘‘(b) The district courts of the United I know that BILL looks forward to spending owner thereof, and intending or knowing States shall have exclusive original jurisdic- more time with his familyÐSydna and your that the offense will, injure any owner of tion of civil actions under this subsection. three childrenÐbut you will leave a hole here that trade secret, knowingly— in Congress that will be hard to fill. I know I ‘‘(1) steals, or without authorization appro- ‘‘§ 1837. Applicability to conduct outside the speak for all of our colleagues in thanking you priates, takes, carries away, or conceals, or United States for your service and leadershipÐand we wish by fraud, artifice, or deception obtains such This chapter also applies to conduct occur- you God's speed in your next endeavors. information; ring outside the United States if— f ‘‘(2) without authorization copies, dupli- ‘‘(1) the offender is a natural person who is cates, sketches, draws, photographs, a citizen or permanent resident alien of the ECONOMIC ESPIONAGE ACT OF 1996 downloads, uploads, alters, destroys, photo- United States, or an organization organized Mr. MCCOLLUM. Mr. Speaker, I ask copies, replicates, transmits, delivers, sends, under the laws of the United States or a unanimous consent to take from the mails, communicates, or conveys such infor- State or political subdivision thereof; or Speaker’s table the bill (H.R. 3723) to mation; ‘‘(2) an act in furtherance of the offense amend title 18, United States Code, to ‘‘(3) receives, buys, or possesses such infor- was committed in the United States. mation, knowing the same to have been sto- protect proprietary economic informa- len or appropriated, obtained, or converted ‘‘§ 1838. Construction with other laws tion, and for other purposes, with a without authorization; ‘‘This chapter shall not be construed to Senate amendment thereto, and concur ‘‘(4) attempts to commit any offense de- preempt or displace any other remedies, in the Senate amendment with an scribed in paragraphs (1) through (3); or whether civil or criminal, provided by United amendment. ‘‘(5) conspires with one or more other per- States Federal, State, commonwealth, pos- The Clerk read the title of the bill. sons to commit any offense described in session, or territory law for the misappro- The Clerk read the House amendment paragraphs (1) through (3), and one or more priation of a trade secret, or to affect the to the Senate amendment, as follows: of such persons do any act to effect the ob- otherwise lawful disclosure of information House amendment to Senate amendment: ject of the conspiracy, by any Government employee under section In lieu of the matter proposed to be in- shall, except as provided in subsection (b), be 552 of title 5 (commonly known as the Free- serted by the Senate amendment to the text fined under this title or imprisoned not more dom of Information Act). of the bill, insert the following: than 10 years, or both. ‘‘(b) Any organization that commits any ‘‘§ 1839. Definitions SECTION 1. SHORT TITLE. offense described in subsection (a) shall be This Act may be cited as the ‘‘Economic fined not more than $5,000,000. ‘‘As used in this chapter— Espionage Act of 1996’’. ‘‘(1) the term ‘foreign instrumentality’ ‘‘§ 1833. Exceptions to prohibitions TITLE I—PROTECTION OF TRADE means any agency, bureau, ministry, compo- SECRETS ‘‘This chapter does not prohibit— nent, institution, association, or any legal, ‘‘(1) any otherwise lawful activity con- commercial, or business organization, cor- SEC. 101. PROTECTION OF TRADE SECRETS. ducted by a governmental entity of the Unit- (a) IN GENERAL.—Title 18, United States poration, firm, or entity that is substan- ed States, a State, or a political subdivision Code, is amended by inserting after chapter tially owned, controlled, sponsored, com- of a State; or 89 the following: manded, managed, or dominated by a foreign ‘‘(2) the reporting of a suspected violation government; ‘‘CHAPTER 90—PROTECTION OF TRADE of law to any governmental entity of the SECRETS ‘‘(2) the term ‘foreign agent’ means any of- United States, a State, or a political subdivi- ficer, employee, proxy, servant, delegate, or ‘‘Sec. sion of a State, if such entity has lawful au- representative of a foreign government; ‘‘1831. Economic espionage. thority with respect to that violation. ‘‘1832. Theft of trade secrets. ‘‘(3) the term ‘trade secret’ means all forms ‘‘1833. Exceptions to prohibitions. ‘‘§ 1834. Criminal forfeiture and types of financial, business, scientific, ‘‘1834. Criminal forfeiture. ‘‘(a) The court, in imposing sentence on a technical, economic, or engineering informa- ‘‘1835. Orders to preserve confidentiality. person for a violation of this chapter, shall tion, including patterns, plans, compilations, ‘‘1836. Civil proceedings to enjoin violations. order, in addition to any other sentence im- program devices, formulas, designs, proto- ‘‘1837. Conduct outside the United States. posed, that the person forfeit to the United types, methods, techniques, processes, proce- ‘‘1838. Construction with other laws. States— dures, programs, or codes, whether tangible ‘‘1839. Definitions. ‘‘(1) any property constituting, or derived or intangible, and whether or how stored, ‘‘§ 1831. Economic espionage from, any proceeds the person obtained, di- compiled, or memorialized physically, elec- ‘‘(a) IN GENERAL.—Whoever, intending or rectly or indirectly, as the result of such vio- tronically, graphically, photographically, or knowing that the offense will benefit any lation; and in writing if— H12138 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘(A) the owner thereof has taken reason- (E) by striking paragraph (5) and inserting (C) in paragraph (7), by striking the period able measures to keep such information se- the following: at the end and inserting ‘‘; and’’; and cret; and ‘‘(5)(A) knowingly causes the transmission (D) by adding at the end the following new ‘‘(B) the information derives independent of a program, information, code, or com- paragraphs: economic value, actual or potential, from mand, and as a result of such conduct, inten- ‘‘(8) the term ‘damage’ means any impair- not being generally known to, and not being tionally causes damage without authoriza- ment to the integrity or availability of data, readily ascertainable through proper means tion, to a protected computer; a program, a system, or information, that— by, the public; and ‘‘(B) intentionally accesses a protected ‘‘(A) causes loss aggregating at least $5,000 ‘‘(4) the term ‘owner’, with respect to a computer without authorization, and as a re- in value during any 1-year period to one or trade secret, means the person or entity in sult of such conduct, recklessly causes dam- more individuals; whom or in which rightful legal or equitable age; or ‘‘(B) modifies or impairs, or potentially title to, or license in, the trade secret is re- ‘‘(C) intentionally accesses a protected modifies or impairs, the medical examina- posed.’’. computer without authorization, and as a re- tion, diagnosis, treatment, or care of one or (b) CLERICAL AMENDMENT.—The table of sult of such conduct, causes damage;’’; and more individuals; chapters at the beginning part I of title 18, (F) by inserting after paragraph (6) the fol- ‘‘(C) causes physical injury to any person; United States Code, is amended by inserting lowing new paragraph: or after the item relating to chapter 89 the fol- ‘‘(7) with intent to extort from any person, ‘‘(D) threatens public health or safety; and lowing: firm, association, educational institution, fi- ‘‘(9) the term ‘government entity’ includes (c) REPORTS.—Not later than 2 years and 4 nancial institution, government entity, or the Government of the United States, any years after the date of the enactment of this other legal entity, any money or other thing State or political subdivision of the United Act, the Attorney General shall report to of value, transmits in interstate or foreign States, any foreign country, and any state, Congress on the amounts received and dis- commerce any communication containing province, municipality, or other political tributed from fines for offenses under this any threat to cause damage to a protected subdivision of a foreign country.’’; and chapter deposited in the Crime Victims Fund computer;’’; (5) in subsection (g)— established by section 1402 of the Victims of (2) in subsection (c)— (A) by striking ‘‘, other than a violation of Crime Act of 1984 (42 U.S.C. 10601). (A) in paragraph (1), by striking ‘‘such sub- subsection (a)(5)(B),’’; and ‘‘90. Protection of trade secrets ...... 1831 section’’ each place that term appears and (B) by striking ‘‘of any subsection other SEC. 102. WIRE AND ELECTRONIC COMMUNICA- inserting ‘‘this section’’; than subsection (a)(5)(A)(ii)(II)(bb) or TIONS INTERCEPTION AND INTER- (B) in paragraph (2)— (a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving CEPTION OF ORAL COMMUNICA- (i) in subparagraph (A)— damage as defined in subsection (e)(8)(A)’’. TIONS. (I) by inserting ‘‘, (a)(5)(C),’’ after ‘‘(a)(3)’’; Section 2516(1)(c) of title 18, United States and TITLE III—TRANSFER OF PERSONS Code, is amended by inserting ‘‘chapter 90 (II) by striking ‘‘such subsection’’ and in- FOUND NOT GUILTY BY REASON OF IN- (relating to protection of trade secrets),’’ serting ‘‘this section’’; SANITY after ‘‘chapter 37 (relating to espionage),’’. (ii) by redesignating subparagraph (B) as SEC. 301. TRANSFER OF PERSONS FOUND NOT TITLE II—NATIONAL INFORMATION IN- subparagraph (C); GUILTY BY REASON OF INSANITY. FRASTRUCTURE PROTECTION ACT OF (iii) by inserting immediately after sub- (a) AMENDMENT OF SECTION 4243 OF TITLE 1996. paragraph (A) the following: 18.—Section 4243 of title 18, United States SEC. 201. COMPUTER CRIME. ‘‘(B) a fine under this title or imprison- Code, is amended by adding at the end the Section 1030 of title 18, United States Code, ment for not more than 5 years, or both, in following new subsection: is amended— the case of an offense under subsection (a)(2), ‘‘(i) CERTAIN PERSONS FOUND NOT GUILTY (1) in subsection (a)— if— BY REASON OF INSANITY IN THE DISTRICT OF (A) in paragraph (1)— ‘‘(i) the offense was committed for pur- COLUMBIA.— (i) by striking ‘‘knowingly accesses’’ and poses of commercial advantage or private fi- ‘‘(1) TRANSFER TO CUSTODY OF THE ATTOR- inserting ‘‘having knowingly accessed’’; nancial gain; NEY GENERAL.—Notwithstanding section (ii) by striking ‘‘exceeds’’ and inserting ‘‘(ii) the offense was committed in further- 301(h) of title 24 of the District of Columbia ‘‘exceeding’’; ance of any criminal or tortious act in viola- Code, and notwithstanding subsection 4247(j) (iii) by striking ‘‘obtains information’’ and tion of the Constitution or laws of the Unit- of this title, all persons who have been com- inserting ‘‘having obtained information’’; ed States or of any State; or mitted to a hospital for the mentally ill pur- (iv) by striking ‘‘the intent or’’; ‘‘(iii) the value of the information obtained suant to section 301(d)(1) of title 24 of the (v) by striking ‘‘is to be used’’ and insert- exceeds $5,000;’’; and District of Columbia Code, and for whom the ing ‘‘could be used’’; and (iv) in subparagraph (C) (as redesignated)— United States has continuing financial re- (vi) by inserting before the semicolon at (I) by striking ‘‘such subsection’’ and in- sponsibility, may be transferred to the cus- the end the following: ‘‘willfully commu- serting ‘‘this section’’; and tody of the Attorney General, who shall hos- nicates, delivers, transmits, or causes to be (II) by adding ‘‘and’’ at the end; pitalize the person for treatment in a suit- communicated, delivered, or transmitted, or (C) in paragraph (3)— able facility. attempts to communicate, deliver, transmit (i) in subparagraph (A)— ‘‘(2) APPLICATION.— or cause to be communicated, delivered, or (I) by striking ‘‘(a)(4) or (a)(5)(A)’’ and in- ‘‘(A) IN GENERAL.—The Attorney General transmitted the same to any person not enti- serting ‘‘(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)’’; may establish custody over such persons by tled to receive it, or willfully retains the and filing an application in the United States same and fails to deliver it to the officer or (II) by striking ‘‘such subsection’’ and in- District Court for the District of Columbia, employee of the United States entitled to re- serting ‘‘this section’’; and demonstrating that the person to be trans- ceive it’’; (ii) in subparagraph (B)— ferred is a person described in this sub- (B) in paragraph (2)— (I) by striking ‘‘(a)(4) or (a)(5)’’ and insert- section. (i) by striking ‘‘obtains information’’ and ing ‘‘(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or ‘‘(B) NOTICE.—The Attorney General shall, inserting ‘‘obtains— (a)(7)’’; and by any means reasonably designed to do so, ‘‘(A) information’’; and (II) by striking ‘‘such subsection’’ and in- provide written notice of the proposed trans- (ii) by adding at the end the following new serting ‘‘this section’’; and fer of custody to such person or such person’s subparagraphs: (D) by striking paragraph (4); guardian, legal representative, or other law- ‘‘(B) information from any department or (3) in subsection (d), by inserting ‘‘sub- ful agent. The person to be transferred shall agency of the United States; or sections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), be afforded an opportunity, not to exceed 15 ‘‘(C) information from any protected com- (a)(5), and (a)(6) of’’ before ‘‘this section.’’; days, to respond to the proposed transfer of puter if the conduct involved an interstate (4) in subsection (e)— custody, and may, at the court’s discretion, or foreign communication;’’; (A) in paragraph (2)— be afforded a hearing on the proposed trans- (C) in paragraph (3)— (i) by striking ‘‘Federal interest’’ and in- fer of custody. Such hearing, if granted, shall (i) by inserting ‘‘nonpublic’’ before ‘‘com- serting ‘‘protected’’; be limited to a determination of whether the puter of a department or agency’’; (ii) in subparagraph (A), by striking ‘‘the constitutional rights of such person would be (ii) by striking ‘‘adversely’’; and use of the financial institution’s operation or violated by the proposed transfer of custody. (iii) by striking ‘‘the use of the Govern- the Government’s operation of such com- ‘‘(C) ORDER.—Upon application of the At- ment’s operation of such computer’’ and in- puter’’ and inserting ‘‘that use by or for the torney General, the court shall order the serting ‘‘that use by or for the Government financial institution or the Government’’; person transferred to the custody of the At- of the United States’’; and torney General, unless, pursuant to a hear- (D) in paragraph (4)— (iii) by striking subparagraph (B) and in- ing under this paragraph, the court finds (i) by striking ‘‘Federal interest’’ and in- serting the following: that the proposed transfer would violate a serting ‘‘protected’’; and ‘‘(B) which is used in interstate or foreign right of such person under the United States (ii) by inserting before the semicolon the commerce or communication;’’; Constitution. following: ‘‘and the value of such use is not (B) in paragraph (6), by striking ‘‘and’’ at ‘‘(D) EFFECT.—Nothing in this paragraph more than $5,000 in any 1-year period’’; the end; shall be construed to— September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12139 ‘‘(i) create in any person a liberty interest balancing public funds with private sector or Impeding the Administration of Justice) in being granted a hearing or notice on any donations and maximizing community in- of the Sentencing Guidelines or to offense matter; volvement; conduct under the Sentencing Guidelines. ‘‘(ii) create in favor of any person a cause (E) Boys and Girls Clubs are located in 289 (b) COMPILING AND REPORT.—The United of action against the United States or any public housing sites across the Nation; States Sentencing Commission shall— officer or employee of the United States; or (F) public housing projects in which there (1) compile and analyze any information ‘‘(iii) limit in any manner or degree the is an active Boys and Girls Club have experi- contained in documentation described in ability of the Attorney General to move, enced a 25 percent reduction in the presence subsection (a) relating to the use of transfer, or otherwise manage any person of crack cocaine, a 22 percent reduction in encryption or scrambling technology to fa- committed to the custody of the Attorney overall drug activity, and a 13 percent reduc- cilitate or conceal criminal conduct; and General. tion in juvenile crime; (2) based on the information compiled and ‘‘(3) CONSTRUCTION WITH OTHER SECTIONS.— (G) these results have been achieved in the analyzed under paragraph (1), annually re- Subsections (f) and (g) and section 4247 shall face of national trends in which overall drug port to the Congress on the nature and ex- apply to any person transferred to the cus- use by youth has increased 105 percent since tent of the use of encryption or scrambling tody of the Attorney General pursuant to 1992 and 10.9 percent of the Nation’s young technology to facilitate or conceal criminal this subsection.’’. people use drugs on a monthly basis; and conduct. (b) TRANSFER OF RECORDS.—Notwithstand- (H) many public housing projects and other TITLE VI—TECHNICAL AND MINOR ing any provision of the District of Columbia distressed areas are still underserved by AMENDMENTS Code or any other provision of law, the Dis- Boys and Girls Clubs. SEC. 601. GENERAL TECHNICAL AMENDMENTS. trict of Columbia and St. Elizabeth’s Hos- (2) PURPOSE.—It is the purpose of this sec- (a) FURTHER CORRECTIONS TO MISLEADING pital— tion to provide adequate resources in the FINE AMOUNTS AND RELATED TYPOGRAPHICAL (1) not later than 30 days after the date of form of seed money for the Boys and Girls ERRORS.— enactment of this Act, shall provide to the Clubs of America to establish 1,000 additional (1) Sections 152, 153, 154, and 610 of title 18, Attorney General copies of all records in the local Boys and Girls Clubs in public housing United States Code, are each amended by custody or control of the District or the Hos- projects and other distressed areas by 2001. striking ‘‘fined not more than $5,000’’ and in- pital on such date of enactment pertaining (b) DEFINITIONS.—For purposes of this sec- serting ‘‘fined under this title’’. to persons described in section 4243(i) of title tion— (2) Section 970(b) of title 18, United States 18, United States Code (as added by sub- (1) the terms ‘‘public housing’’ and Code, is amended by striking ‘‘fined not section (a)); ‘‘project’’ have the same meanings as in sec- more than $500’’ and inserting ‘‘fined under (2) not later than 30 days after the creation tion 3(b) of the United States Housing Act of this title’’. of any records by employees, agents, or con- 1937; and (3) Sections 661, 1028(b), 1361, and 2701(b) of tractors of the District of Columbia or of St. (2) the term ‘‘distressed area’’ means an title 18, United States Code, are each amend- Elizabeth’s Hospital pertaining to persons urban, suburban, or rural area with a high ed by striking ‘‘fine of under’’ each place it described in section 4243(i) of title 18, United percentage of high risk youth as defined in appears and inserting ‘‘fine under’’. States Code, provide to the Attorney General section 509A of the Public Health Service Act (4) Section 3146(b)(1)(A)(iv) of title 18, Unit- copies of all such records created after the (42 U.S.C. 290aa–8(f)). ed States Code, is amended by striking ‘‘a date of enactment of this Act; (c) ESTABLISHMENT.— fined under this title’’ and inserting ‘‘a fine (3) shall not prevent or impede any em- (1) IN GENERAL.—For each of the fiscal under this title’’. ployee, agent, or contractor of the District years 1997, 1998, 1999, 2000, and 2001, the Direc- (5) The section 1118 of title 18, United of Columbia or of St. Elizabeth’s Hospital tor of the Bureau of Justice Assistance of States Code, that was enacted by Public Law who has obtained knowledge of the persons the Department of Justice shall provide a 103–333— described in section 4243(i) of title 18, United grant to the Boys and Girls Clubs of America (A) is redesignated as section 1122; and States Code, in the employee’s professional for the purpose of establishing Boys and (B) is amended in subsection (c) by— capacity from providing that knowledge to Girls Clubs in public housing projects and (i) inserting ‘‘under this title’’ after ‘‘fine’’; the Attorney General, nor shall civil or other distressed areas. and criminal liability attach to such employees, (2) CONTRACTING AUTHORITY.—Where appro- (ii) striking ‘‘nor more than $20,000’’. agents, or contractors who provide such priate, the Secretary of Housing and Urban (6) The table of sections at the beginning of knowledge; and Development, in consultation with the At- chapter 51 of title 18, United States Code, is (4) shall not prevent or impede interviews torney General, shall enter into contracts amended by adding at the end the following of persons described in section 4243(i) of title with the Boys and Girls Clubs of America to new item: 18, United States Code, by representatives of establish clubs pursuant to the grants under ‘‘1122. Protection against the human the Attorney General, if such persons volun- paragraph (1). immunodeficiency virus.’’. (d) REPORT.—Not later than May 1 of each tarily consent to such interviews. (7) Sections 1761(a) and 1762(b) of title 18, (c) CLARIFICATION OF EFFECT ON CERTAIN fiscal year for which amounts are made United States Code, are each amended by TESTIMONIAL PRIVILEGES.—The amendments available to carry out this Act, the Attorney striking ‘‘fined not more than $50,000’’ and made by this section shall not be construed General shall submit to the Committees on inserting ‘‘fined under this title’’. to affect in any manner any doctor-patient the Judiciary of the Senate and the House of (8) Sections 1821, 1851, 1852, 1853, 1854, 1905, or psychotherapist-patient testimonial privi- Representatives a report that details the 1916, 1918, 1991, 2115, 2116, 2191, 2192, 2194, 2199, lege that may be otherwise applicable to per- progress made under this Act in establishing 2234, 2235, and 2236 of title 18, United States sons found not guilty by reason of insanity Boys and Girls Clubs in public housing Code, are each amended by striking ‘‘fined and affected by this section. projects and other distressed areas, and the not more than $1,000’’ each place it appears (d) SEVERABILITY.—If any provision of this effectiveness of the programs in reducing and inserting ‘‘fined under this title’’. section, an amendment made by this section, drug abuse and juvenile crime. (9) Section 1917 of title 18, United States or the application of such provision or (e) AUTHORIZATION OF APPROPRIATIONS.— Code, is amended by striking ‘‘fined not less amendment to any person or circumstance is (1) IN GENERAL.—There are authorized to be than $100 nor more than $1,000’’ and inserting held to be unconstitutional, the remainder of appropriated to carry out this section— ‘‘fined under this title not less than $100’’. this section and the amendments made by (A) $20,000,000 for fiscal year 1997; (10) Section 1920 of title 18, United States this section shall not be affected thereby. (B) $20,000,000 for fiscal year 1998; Code, is amended— (C) $20,000,000 for fiscal year 1999; TITLE IV—ESTABLISHMENT OF BOYS AND (A) by striking ‘‘of not more than $250,000’’ (D) $20,000,000 for fiscal year 2000; and GIRLS CLUBS. and inserting ‘‘under this title’’; and (E) $20,000,000 for fiscal year 2001. SEC. 401. ESTABLISHING BOYS AND GIRLS CLUBS. (B) by striking ‘‘of not more than $100,000’’ (2) VIOLENT CRIME REDUCTION TRUST FUND.— (a) FINDINGS AND PURPOSE.— and inserting ‘‘under this title’’. The sums authorized to be appropriated by (1) FINDINGS.—The Congress finds that— (11) Section 2076 of title 18, United States this subsection may be made from the Vio- (A) the Boys and Girls Clubs of America, Code, is amended by striking ‘‘fined not lent Crime Reduction Trust Fund. chartered by an Act of Congress on Decem- more than $1,000 or imprisoned not more ber 10, 1991, during its 90-year history as a TITLE V—USE OF CERTAIN TECHNOLOGY than one year’’ and inserting ‘‘fined under national organization, has proven itself as a TO FACILITATE CRIMINAL CONDUCT this title or imprisoned not more than one positive force in the communities it serves; SEC. 501. USE OF CERTAIN TECHNOLOGY TO FA- year, or both’’. (B) there are 1,810 Boys and Girls Clubs fa- CILITATE CRIMINAL CONDUCT. (12) Section 597 of title 18, United States cilities throughout the United States, Puer- (a) INFORMATION.—The Administrative Of- Code, is amended by striking ‘‘fined not to Rico, and the United States Virgin Is- fice of the United States courts shall estab- more than $10,000’’ and inserting ‘‘fined lands, serving 2,420,000 youths nationwide; lish policies and procedures for the inclusion under this title’’. (C) 71 percent of the young people who ben- in all presentence reports of information (b) CROSS REFERENCE CORRECTIONS AND efit from Boys and Girls Clubs programs live that specifically identifies and describes any CORRECTIONS OF TYPOGRAPHICAL ERRORS.— in our inner cities and urban areas; use of encryption or scrambling technology (1) Section 3286 of title 18, United States (D) Boys and Girls Clubs are locally run that would be relevant to an enhancement Code, is amended— and have been exceptionally successful in under section 3C1.1 (dealing with Obstructing (A) by striking ‘‘2331’’ and inserting ‘‘2332’’; H12140 CONGRESSIONAL RECORD — HOUSE September 28, 1996

(B) by striking ‘‘2339’’ and inserting by striking ‘‘veterans’’’ and inserting ‘‘veter- (j) REDESIGNATION OF DUPLICATE CHAPTER ‘‘2332a’’; and an’s’’. NUMBER AND CONFORMING CLERICAL AMEND- (C) by striking ‘‘36’’ and inserting ‘‘37’’. (9) Section 3182 (including the heading of MENT.— (2) Section 2339A(b) of title 18, United such section) and the item relating to such (1) REDESIGNATION.—The chapter 113B States Code, is amended— section in the table of sections at the begin- added to title 18, United States Code, by (A) by striking ‘‘2331’’ and inserting ‘‘2332’’; ning of chapter 209, of title 18, United States Public Law 103–236 is redesignated chapter (B) by striking ‘‘2339’’ and inserting Code, are each amended by inserting a 113C. ‘‘2332a’’; comma after ‘‘District’’ each place it ap- (2) CONFORMING CLERICAL AMENDMENT.—The (C) by striking ‘‘36’’ and inserting ‘‘37’’; and pears. table of chapters at the beginning of part I of (D) by striking ‘‘of an escape’’ and insert- (10) The item relating to section 3183 in the title 18, United States Code is amended in ing ‘‘or an escape’’. table of sections at the beginning of chapter the item relating to the chapter redesignated (3) Section 1961(1)(D) of title 18, United 209 of title 18, United States Code, is amend- by paragraph (1)— States Code, is amended by striking ‘‘that ed by inserting a comma after ‘‘Territory’’. (A) by striking ‘‘113B’’ and inserting title’’ and inserting ‘‘this title’’. (11) The items relating to section 2155 and ‘‘113C’’; and (4) Section 2423(b) of title 18, United States 2156 in the table of sections at the beginning (B) by striking ‘‘2340.’’ and inserting Code, is amended by striking ‘‘2245’’ and in- of chapter 105 of title 18, United States Code, ‘‘2340’’. serting ‘‘2246’’. are each amended by striking ‘‘or’’ and in- (k) REDESIGNATION OF DUPLICATE PARA- (5) Section 3553(f) of title 18, United States serting ‘‘, or’’. GRAPH NUMBERS AND CORRECTION OF PLACE- Code, is amended by striking ‘‘section 1010 or (12) The headings for sections 2155 and 2156 MENT OF PARAGRAPHS IN SECTION 3563.— 1013 of the Controlled Substances Import and of title 18, United States Code, are each (1) REDESIGNATION.—Section 3563(a) of title Export Act (21 U.S.C. 961, 963)’’ and inserting amended by striking ‘‘or’’ and inserting ‘‘, 18, United States Code, is amended by redes- ‘‘section 1010 or 1013 of the Controlled Sub- or’’. ignating the second paragraph (4) as para- stances Import and Export Act (21 U.S.C. 960, (13) Section 1508 of title 18, United States graph (5). 963)’’. Code, is amended by realigning the matter (2) CONFORMING CONNECTOR CHANGE.—Sec- (6) Section 3553(f)(4) of title 18, United beginning ‘‘shall be fined’’ and ending ‘‘one tion 3563(a) of title 18, United States Code, is States Code, is amended by striking ‘‘21 year, or both.’’ so that it is flush to the left amended— U.S.C. 848’’ and inserting ‘‘section 408 of the margin. (A) by striking ‘‘and’’ at the end of para- Controlled Substances Act’’. (14) The item relating to section 4082 in the graph (3); and (7) Section 3592(c)(1) of title 18, United table of sections at the beginning of chapter (B) by striking the period at the end of States Code, is amended by striking ‘‘2339’’ 305 of title 18, United States Code, is amend- paragraph (4) and inserting ‘‘; and’’. and inserting ‘‘2332a’’. ed by striking ‘‘centers,’’ and inserting ‘‘cen- (3) PLACEMENT CORRECTION.—Section (c) SIMPLIFICATION AND CLARIFICATION OF ters;’’. 3563(a) of title 18, United States Code, is WORDING.— (15) Section 2101(a) of title 18, United amended so that paragraph (4) and the para- (1) The third undesignated paragraph of States Code, is amended by striking ‘‘(1)’’ graph redesignated as paragraph (5) by this section 5032 of title 18, United States Code, is and by redesignating subparagraphs (A) subsection are transferred to appear in nu- amended by inserting ‘‘or as authorized through (D) as paragraphs (1) through (4), re- merical order immediately following para- under section 3401(g) of this title’’ after spectively. graph (3) of such section 3563(a). ‘‘shall proceed by information’’. (16) Section 5038 of title 18, United States (l) REDESIGNATION OF DUPLICATE PARA- GRAPH NUMBERS IN SECTION 1029 AND CON- (2) Section 1120 of title 18, United States Code, is amended by striking ‘‘section 841, FORMING AMENDMENTS RELATED THERETO.— Code, is amended by striking ‘‘Federal pris- 952(a), 955, or 959 of title 21’’ each place it ap- Section 1029 of title 18, United States Code, on’’ each place it appears and inserting pears and inserting ‘‘section 401 of the Con- is amended— ‘‘Federal correctional institution’’. trolled Substances Act or section 1001(a), (1) in subsection (a)— (3) Section 247(d) of title 18, United States 1005, or 1009 of the Controlled Substances Im- (A) by redesignating those paragraphs (5) Code, is amended by striking ‘‘notification’’ port and Export Act’’. and (6) which were added by Public Law 103– and inserting ‘‘certification’’. (g) CORRECTIONS OF PROBLEMS ARISING 414 as paragraphs (7) and (8), respectively; (d) CORRECTION OF PARAGRAPH CONNEC- FROM UNCOORDINATED AMENDMENTS.— (B) by redesignating paragraph (7) as para- TORS.—Section 2516(1) of title 18, United (1) SECTION 5032.—The first undesignated States Code, is amended— paragraph of section 5032 of title 18, United graph (9); (1) in paragraph (l), by striking ‘‘or’’ after States Code, is amended— (C) by striking ‘‘or’’ at the end of para- the semicolon; and (A) by inserting ‘‘section 922(x)’’ before ‘‘or graph (6) and at the end of paragraph (7) as (2) in paragraph (n), by striking ‘‘and’’ section 924(b)’’; and so redesignated by this subsection; and where it appears after the semicolon and in- (B) by striking ‘‘or (x)’’. (D) by inserting ‘‘or’’ at the end of para- graph (8) as so redesignated by this sub- serting ‘‘or’’. (2) STRIKING MATERIAL UNSUCCESSFULLY AT- section; (e) CORRECTION CAPITALIZATION OF ITEMS IN TEMPTED TO BE STRICKEN FROM SECTION 1116 BY (2) in subsection (e), by redesignating the LIST.—Section 504 of title 18, United States PUBLIC LAW 103–322.—Subsection (a) of section Code, is amended— 1116 of title 18, United States Code, is amend- second paragraph (7) as paragraph (8); and (1) in paragraph (1), by striking ‘‘the’’ the ed by striking ‘‘, except’’ and all that follows (3) in subsection (c)— first place it appears and inserting ‘‘The’’; through the end of such subsection and in- (A) in paragraph (1), by striking ‘‘or (7)’’ and serting a period. and inserting ‘‘(7), (8), or (9)’’; and (B) in paragraph (2), by striking ‘‘or (6)’’ (2) in paragraph (3), by striking ‘‘the’’ the (3) ELIMINATION OF DUPLICATE AMENDMENT and inserting ‘‘(6), (7), or (8)’’. first place it appears and inserting ‘‘The’’. IN SECTION 1958.—Section 1958(a) of title 18, (m) INSERTION OF MISSING SUBSECTION (f) CORRECTIONS OF PUNCTUATION AND United States Code, is amended by striking HEADING.—Section 1791(c) of title 18, United OTHER ERRONEOUS FORM.— ‘‘or who conspires to do so’’ where it appears (1) Section 656 of title 18, United States States Code, is amended by inserting after following ‘‘or who conspires to do so’’ and in- ‘‘(c)’’ the following subsection heading: Code, is amended in the first paragraph by serting a comma. ‘‘CONSECUTIVE PUNISHMENT REQUIRED IN CER- striking ‘‘Act,,’’ and inserting ‘‘Act,’’. (h) INSERTION OF MISSING END QUOTE.—Sec- TAIN CASES.—’’. (2) Section 1114 of title 18, United States tion 80001(a) of the Violent Crime Control (n) CORRECTION OF MISSPELLING.—Section Code, is amended by striking ‘‘1112.’’ and in- and Law Enforcement Act of 1994 is amended serting ‘‘1112,’’. 2327(c) of title 18, United States Code, is by inserting a close quotation mark followed amended by striking ‘‘delegee’’ each place it (3) Section 504(3) of title 18, United States by a period at the end. appears and inserting ‘‘designee’’. Code, is amended by striking ‘‘importation, (i) REDESIGNATION OF DUPLICATE SECTION (o) CORRECTION OF SPELLING AND AGENCY of’’ and inserting ‘‘importation of’’. NUMBERS AND CONFORMING CLERICAL AMEND- REFERENCE.—Section 5038(f) of title 18, Unit- (4) Section 3059A(a)(1) of title 18, United MENTS.— ed States Code, is amended— States Code, is amended by striking ‘‘section (1) REDESIGNATION.—That section 2258 (1) by striking ‘‘juvenille’’ and inserting 215 225,,’’ and inserting ‘‘section 215, 225,’’. added to title 18, United States Code, by sec- ‘‘juvenile’’, and (5) Section 3125(a) of title 18, United States tion 160001(a) of the Violent Crime Control (2) by striking ‘‘the Federal Bureau of In- Code, is amended by striking the close and Law Enforcement Act of 1994 is redesig- vestigation, Identification Division,’’ and in- quotation mark at the end. nated as section 2260. serting ‘‘the Federal Bureau of Investiga- (6) Section 1956(c)(7)(B)(iii) of title 18, Unit- (2) CONFORMING CLERICAL AMENDMENT.—The tion’’. ed States Code, is amended by striking item in the table of sections at the beginning (p) CORRECTING MISPLACED WORD.—Section ‘‘1978)’’ and inserting ‘‘1978’’. of chapter 110 of title 18, United States Code, 1028(a) of title 18, United States Code, is (7) The item relating to section 656 in the relating to the section redesignated by para- amended by striking ‘‘or’’ at the end of para- table of sections at the beginning of chapter graph (1) is amended by striking ‘‘2258’’ and graph (4) and inserting ‘‘or’’ at the end of 31 of title 18, United States Code, is amended inserting ‘‘2260’’. paragraph (5). by inserting a comma after ‘‘embezzlement’’. (3) CONFORMING AMENDMENT TO CROSS-REF- (q) STYLISTIC CORRECTION.—Section 37(c) of (8) The item relating to section 1024 in the ERENCE.—Section 1961(1)(B) of title 18, United title 18, United States Code, is amended by table of sections at the beginning of chapter States Code, is amended by striking ‘‘2258’’ inserting after ‘‘(c)’’ the following subsection 47 of title 18, United States Code, is amended and inserting ‘‘2260’’. heading: ‘‘BAR TO PROSECUTION.—’’. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12141

(r) MANDATORY VICTIM RESTITUTION ACT the amendment had been included in section referred to in paragraph (1) on the date of AMENDMENTS.— 320927 of the Act referred to in paragraph (1) the enactment of such Act. (1) ORDER OF RESTITUTION.—Section 3663 on the date of the enactment of such Act. (k) CORRECTION OF PUNCTUATION AND INDEN- (a)(1)(A) of title 18, United States Code, is (d) STYLISTIC CORRECTION TO SECTION 922.— TATION IN SECTION 923.—Section amended by adding at the end the following: Section 922(t)(2) of title 18, United States 923(g)(1)(B)(ii) of title 18, United States Code, ‘‘The court may also order, if agreed to by Code, is amended by striking ‘‘section 922(g)’’ is amended— the parties in a plea agreement, restitution and inserting ‘‘subsection (g)’’. (1) by striking the period and inserting ‘‘; to persons other than the victim of the of- (e) ELIMINATION OF UNNECESSARY WORDS.— or’’; and fense.’’. Section 922(w)(4) of title 18, United States (2) by moving such clause 4 ems to the left. (2) FORFEITURE.—Section 3663(c)(4) of title Code, is amended by striking ‘‘title 18, Unit- (l) REDESIGNATION OF SUBSECTION AND COR- 18, United States Code, is amended by insert- ed States Code,’’ and inserting ‘‘this title’’. RECTION OF INDENTATION IN SECTION 923.—Sec- ing ‘‘or chapter 96’’ after ‘‘under chapter 46’’. (f) CLARIFICATION OF PLACEMENT OF PROVI- tion 923 of title 18, United States Code, is (3) ANIMAL ENTERPRISE TERRORISM.—Sec- SION.— amended— tion 43(c) of title 18, United States Code, is (1) AMENDMENT.—Section 110201(a) of the (1) by redesignating the last subsection as amended by inserting after ‘‘3663’’ the follow- Violent Crime Control and Law Enforcement subsection (l); and ing: ‘‘or 3663A’’. Act of 1994 (P.L. 103–322) is amended by strik- (2) by moving such subsection 2 ems to the (4) SPECIAL ASSESSMENT.—Section 3013(a)(2) ing ‘‘adding at the end’’ and inserting ‘‘in- left. of title 18, United States Code, is amended by serting after subsection (w)’’. (m) CORRECTION OF TYPOGRAPHICAL ERROR striking ‘‘not less than’’ each place that (2) EFFECTIVE DATE.—The amendment IN AMENDATORY PROVISION.— term appears. made by paragraph (1) shall take effect as if (1) CORRECTION.—Section 110507 of the Vio- (s) CLARIFICATIONS TO ANTITERRORISM AND the amendment had been included in section lent Crime Control and Law Enforcement EFFECTIVE DEATH PENALTY ACT OF 1996. 110201 of the Act referred to in paragraph (1) Act of 1994 (Public Law 103–322) is amended— (1) JURISDICTION.—Section 2332b(b)(1)(A) of on the date of the enactment of such Act. (A) by striking ‘‘924(a)’’ and inserting title 18, United States Code, is amended by— (g) CORRECTION OF TYPOGRAPHICAL ERRORS ‘‘924’’; and (A) striking ‘‘any of the offenders uses’’; IN LIST OF CERTAIN WEAPONS.—Appendix A to (B) in paragraph (2), by striking ‘‘sub- and section 922 of title 18, United States Code, is sections’’ and inserting ‘‘subsection’’. (B) inserting ‘‘is used’’ after ‘‘foreign com- amended— (2) EFFECTIVE DATE.—The amendments merce’’. (1) in the category designated made by paragraph (1) shall take effect as if (2) PROVIDING MATERIAL SUPPORT.—Section ‘‘Centerfire Rifles—Lever & Slide’’, the amendments had been included in sec- 2339A(a) of title 18, United States Code, is by striking tion 110507 of the Act referred to in para- amended by inserting ‘‘or an escape’’ after ‘‘Uberti 1866 Sporting Rilfe’’ graph (1) on the date of the enactment of ‘‘concealment’’. and inserting the following: such Act. (3) TECHNICAL AMENDMENTS.—Sections ‘‘Uberti 1866 Sporting Rifle’’; (n) ELIMINATION OF DUPLICATE AMEND- 2339A(a) and 2332b(g)(5)(B) of title 18, United (2) in the category designated MENT.—Subsection (h) of section 330002 of the States Code, are each amended by inserting ‘‘Centerfire Rifles—Bolt Action’’, Violent Crime Control and Law Enforcement at the appropriate place in each section’s Act of 1994 is repealed and shall be consid- enumeration of title 18 sections the follow- by striking ered never to have been enacted. ing: ‘‘930(c),’’, ‘‘1992,’’, and ‘‘2332c,’’. ‘‘Sako Fiberclass Sporter’’ (o) REDESIGNATION OF PARAGRAPH IN SEC- and inserting the following: SEC. 602. REPEAL OF OBSOLETE PROVISIONS IN TION 924.—Section 924(a) of title 18, United ‘‘Sako FiberClass Sporter’’; TITLE 18 States Code, is amended by redesignating the (a) SECTION 709 AMENDMENT.—Section 709 of (3) in the category designated 2nd paragraph (5) as paragraph (6). title 18, United States Code, is amended by ‘‘Shotguns—Slide Actions’’, (p) ELIMINATION OF COMMA ERRONEOUSLY striking ‘‘Whoever uses as a firm or business by striking INCLUDED IN AMENDMENT TO SECTION 924.— name the words ‘Reconstruction Finance ‘‘Remington 879 SPS Special Purpose Mag- Corporation’ or any combination or vari- (1) AMENDMENT.—Section 110102(c)(2) of the num’’ ation of these words—’’. Violent Crime Control and Law Enforcement and inserting the following: (b) SECTION 1014 AMENDMENT.—Section 1014 Act of 1994 (Public Law 103–322) is amended ‘‘Remington 870 SPS Special Purpose Mag- of title 18, United States Code, is amended— by striking ‘‘shotgun,’’ and inserting ‘‘shot- num’’; and (1) by striking ‘‘Reconstruction Finance gun’’. (4) in the category designated Corporation,’’; (2) EFFECTIVE DATE.—The amendment (2) by striking ‘‘Farmers’ Home Corpora- ‘‘Shotguns—Over/Unders’’, made by paragraph (1) shall take effect as if tion,’’; and by striking the amendment had been included in section (3) by striking ‘‘of the National Agricul- ‘‘E.A.A/Sabatti Falcon-Mon Over/Under’’ 110102(c)(2) of the Act referred to in para- tural Credit Corporation,’’. and inserting the following: graph (1) on the date of the enactment of (c) SECTION 798 AMENDMENT.—Section ‘‘E.A.A./Sabatti Falcon-Mon Over/Under’’. such Act. 798(d)(5) of title 18, United States Code, is (h) INSERTION OF MISSING COMMAS.—Sec- (q) INSERTION OF CLOSE PARENTHESIS IN amended by striking ‘‘the Trust Territory of tion 103 of the Brady Handgun Violence Pre- SECTION 924.—Section 924(j)(3) of title 18, the Pacific Islands,’’. vention Act (18 U.S.C. 922 note; Public Law United States Code, is amended by inserting (d) SECTION 281 REPEAL.—Section 281 of 103–159) is amended in each of subsections a close parenthesis before the comma. title 18, United States Code, is repealed and (e)(1), (g), and (i)(2) by inserting a comma (r) REDESIGNATION OF SUBSECTIONS IN SEC- the table of sections at the beginning of after ‘‘United States Code’’. TION 924.—Section 924 of title 18, United chapter 15 of such title is amended by strik- (i) CORRECTION OF UNEXECUTABLE AMEND- States Code, is amended by redesignating the ing the item relating to such section. MENTS RELATING TO THE VIOLENT CRIME RE- 2nd subsection (i), and subsections (j), (k), (e) SECTION 510 AMENDMENT.—Section 510(b) DUCTION TRUST FUND.— (l), (m), and (n) as subsections (j), (k), (l), of title 18, United States Code, is amended by (1) CORRECTION.—Section 210603(b) of the (m), (n), and (o), respectively. striking ‘‘that in fact’’ and all that follows Violent Crime Control and Law Enforcement (s) CORRECTION OF ERRONEOUS CROSS REF- through ‘‘signature’’. Act of 1994 is amended by striking ‘‘Fund,’’ ERENCE IN AMENDATORY PROVISION.—Section SEC. 603. TECHNICAL AMENDMENTS RELATING and inserting ‘‘Fund established by section 110504(a) of the Violent Crime Control and TO CHAPTERS 40 AND 44 OF TITLE 1115 of title 31, United States Code,’’. Law Enforcement Act of 1994 (Public Law 18. (2) EFFECTIVE DATE.—The amendment 103–322) is amended by striking ‘‘110203(a)’’ (a) ELIMINATION OF DOUBLE COMMAS IN SEC- and inserting ‘‘110503’’. TION 844.—Section 844 of title 18, United made by paragraph (1) shall take effect as if States Code, is amended in subsection (i) by the amendment had been included in section (t) CORRECTION OF CROSS REFERENCE IN striking ‘‘,,’’ each place it appears and in- 210603(b) of the Act referred to in paragraph SECTION 930.—Section 930(e)(2) of title 18, serting a comma. (1) on the date of the enactment of such Act. United States Code, is amended by striking (b) REPLACEMENT OF COMMA WITH SEMI- (j) CORRECTION OF UNEXECUTABLE AMEND- ‘‘(c)’’ and inserting ‘‘(d)’’. COLON IN SECTION 922.—Section 922(g)(8)(C)(ii) MENT TO SECTION 923.— (u) CORRECTION OF CROSS REFERENCES IN of title 18, United States Code, is amended by (1) CORRECTION.—Section 201(1) of the Act, SECTION 930.—The last subsection of section striking the comma at the end and inserting entitled ‘‘An Act to provide for a waiting pe- 930 of title 18, United States Code, is amend- a semicolon. riod before the purchase of a handgun, and ed— (c) CLARIFICATION OF AMENDMENT TO SEC- for the establishment of a national instant (1) by striking ‘‘(g)’’ and inserting ‘‘(h)’’; TION 922.— criminal background check system to be and (1) AMENDMENT.—Section 320927 of the Vio- contacted by firearms dealers before the (2) by striking ‘‘(d)’’ each place such term lent Crime Control and Law Enforcement transfer of any firearm.’’ (Public Law 103– appears and inserting ‘‘(e)’’. Act of 1994 (P.L. 103–322) is amended by in- 159), is amended by striking ‘‘thereon,’’ and SEC. 604. ADDITIONAL AMENDMENTS ARISING serting ‘‘the first place it appears’’ before inserting ‘‘thereon’’. FROM ERRORS IN PUBLIC LAW 103– the period. (2) EFFECTIVE DATE.—The amendment 322. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as if (a) STYLISTIC CORRECTIONS RELATING TO made by paragraph (1) shall take effect as if the amendment had been included in the Act TABLES OF SECTIONS.— H12142 CONGRESSIONAL RECORD — HOUSE September 28, 1996 (1) The table of sections at the beginning of (D) in subsection (e), by striking para- (B) in paragraph (2), by striking ‘‘Export chapter 110A of title 18, United States Code, graphs (1) and (2). Control’’ and inserting ‘‘Export’’. is amended to read as follows: (13) Section 320102 of Public Law 103–322 is (31) Section 1512(a)(2)(A) of title 18, United ‘‘Sec. amended by striking paragraph (2). States Code, is amended by adding ‘‘and’’ at ‘‘2261. Interstate domestic violence. (14) Section 320103 of Public Law 103–322 is the end. ‘‘2262. Interstate violation of protection amended— (32) Section 13(b)(2)(A) of title 18, United order. (A) in subsection (a), by striking paragraph States Code, is amended by striking ‘‘of not ‘‘2263. Pretrial release of defendant. (1); more than $1,000’’ and inserting ‘‘under this ‘‘2264. Restitution. (B) in subsection (b), by striking paragraph title’’. ‘‘2265. Full faith and credit given to protec- (1); and (33) Section 160001(g)(1) of Public Law 103– tion orders. (C) in subsection (c), by striking para- 322 is amended by striking ‘‘(a) Whoever’’ ‘‘2266. Definitions.’’. graphs (1) and (3). and inserting ‘‘Whoever’’. (2) Chapter 26 of title 18, United States (15) Section 320103(e) of Public Law 103–322 (34) Section 290001(a) of Public Law 103–322 Code, is amended by inserting after the head- is amended— is amended by striking ‘‘subtitle’’ and insert- ing for such chapter the following table of (A) in the subsection catchline, by striking ing ‘‘section’’. sections: ‘‘FAIR HOUSING’’ and inserting ‘‘1968 CIVIL (35) Section 3592(c)(12) of title 18, United ‘‘Sec. RIGHTS’’; and States Code, is amended by striking ‘‘Con- ‘‘521. Criminal street gangs.’’. (B) by striking ‘‘of the Fair Housing Act’’ trolled Substances Act’’ and inserting ‘‘Com- and inserting ‘‘of the Civil Rights Act of prehensive Drug Abuse Prevention and Con- (3) Chapter 123 of title 18, United States 1968’’. trol Act of 1970’’. Code, is amended by inserting after the head- (16) Section 320109(1) of Public Law 103–322 (36) Section 1030 of title 18, United States ing for such chapter the following table of is amended by inserting an open quotation sections: Code, is amended— mark before ‘‘(a) IN GENERAL’’. ‘‘Sec. (17) Section 320602(1) of Public Law 103–322 (A) by inserting ‘‘or’’ at the end of sub- ‘‘2721. Prohibition on release and use of cer- is amended by striking ‘‘whoever’’ and in- section (a)(5)(B)(ii)(II)(bb); tain personal information from serting ‘‘Whoever’’. (B) by striking ‘‘and’’ after the semicolon State motor vehicle records. (18) Section 668(a) of title 18, United States in subsection (c)(1)(B); ‘‘2722. Additional unlawful acts. Code, is amended— (C) in subsection (g), by striking ‘‘the sec- ‘‘2723. Penalties. (A) by designating the first undesignated tion’’ and inserting ‘‘this section’’; and ‘‘2724. Civil action. paragraph that begins with a quotation (D) in subsection (h), by striking ‘‘section ‘‘2725. Definitions.’’. mark as paragraph (1); 1030(a)(5) of title 18, United States Code’’ and (4) The item relating to section 3509 in the (B) by designating the second undesignated inserting ‘‘subsection (a)(5)’’. table of sections at the beginning of chapter paragraph that begins with a quotation (37) Section 320103(c) of Public Law 103–322 223 of title 18, United States Code, is amend- mark as paragraph (2); and is amended by striking the semicolon at the ed by striking ‘‘Victims’’’ and inserting ‘‘vic- (C) by striking the close quotation mark end of paragraph (2) and inserting a close tims’’’. and the period at the end of the subsection. quotation mark followed by a semicolon. (b) UNIT REFERENCE CORRECTIONS, REMOVAL (19) Section 320911(a) of Public Law 103–322 (38) Section 320104(b) of Public Law 103–322 OF DUPLICATE AMENDMENTS, AND OTHER SIMI- is amended in each of paragraphs (1) and (2), is amended by striking the comma that fol- LAR CORRECTIONS.— by striking ‘‘thirteenth’’ and inserting lows ‘‘2319 (relating to copyright infringe- (1) Section 40503(b)(3) of Public Law 103–322 ‘‘14th’’. ment)’’ the first place it appears. is amended by striking ‘‘paragraph (b)(1)’’ (20) Section 2311 of title 18, United States (39) Section 1515(a)(1)(D) of title 18, United and inserting ‘‘paragraph (1)’’. Code, is amended by striking ‘‘livestock’’ States Code, is amended by striking ‘‘; or’’ (2) Section 60003(a)(2) of Public Law 103–322 where it appears in quotation marks and in- and inserting a semicolon. is amended by striking ‘‘at the end of the serting ‘‘Livestock’’. (40) Section 5037(b) of title 18, United section’’ and inserting ‘‘at the end of the (21) Section 540A(c) of title 28, United States Code, is amended in each of para- subsection’’. States Code, is amended— graphs (1)(B) and (2)(B), by striking ‘‘3561(b)’’ (3) Section 3582(c)(1)(A)(i) of title 18, Unit- (A) by designating the first undesignated and inserting ‘‘3561(c)’’. ed States Code, is amended by adding ‘‘or’’ at paragraph as paragraph (1); (41) Section 330004(3) of Public Law 103–322 the end. (B) by designating the second undesignated is amended by striking ‘‘thirteenth’’ and in- (4) Section 102 of the Controlled Sub- paragraph as paragraph (2); and serting ‘‘14th’’. stances Act (21 U.S.C. 802) is amended by re- (C) by designating the third undesignated (42) Section 2511(1)(e)(i) of title 18, United designating the second paragraph (43) as paragraph as paragraph (3). States Code, is amended— paragraph (44). (22) Section 330002(d) of Public Law 103–322 (A) by striking ‘‘sections 2511(2)(A)(ii), (5) Subsections (a) and (b) of section 120005 is amended by striking ‘‘the comma’’ and in- 2511(b)–(c), 2511(e)’’ and inserting ‘‘sections of Public Law 103–322 are each amended by serting ‘‘each comma’’. 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e)’’; and inserting ‘‘at the end’’ after ‘‘adding’’. (23) Section 330004(18) of Public Law 103–322 (B) by striking ‘‘subchapter’’ and inserting (6) Section 160001(f) of Public Law 103–322 is is amended by striking ‘‘the Philippine’’ and ‘‘chapter’’. amended by striking ‘‘1961(l)’’ and inserting inserting ‘‘Philippine’’. (43) Section 1516(b) of title 18, United ‘‘1961(1)’’. (24) Section 330010(17) of Public Law 103–322 States Code, is amended by inserting ‘‘and’’ (7) Section 170201(c) of Public Law 103–322 is amended by striking ‘‘(2)(iii)’’ and insert- at the end of paragraph (1). is amended by striking paragraphs (1), (2), ing ‘‘(2)(A)(iii)’’. (44) The item relating to section 1920 in the and (3). (25) Section 330011(d) of Public Law 103–322 table of sections at the beginning of chapter (8) Subparagraph (D) of section 511(b)(2) of is amended— 93 of title 18, United States Code, is amended title 18, United States Code, is amended by (A) by striking ‘‘each place’’ and inserting adjusting its margin to be the same as the ‘‘the first place’’; and by striking ‘‘employee’s’’ and inserting ‘‘em- margin of subparagraph (C) and adjusting (B) by striking ‘‘1169’’ and inserting ‘‘1168’’. ployees’’’. the margins of its clauses so they are in- (26) The item in the table of sections at the (45) Section 330022 of Public Law 103–322 is dented 2-ems further than the margin of the beginning of chapter 53 of title 18, United amended by inserting a period after ‘‘com- subparagraph. States Code, that relates to section 1169 is munications’’ and before the close quotation (9) Section 230207 of Public Law 103–322 is transferred to appear after the item relating mark. amended by striking ‘‘two’’ and inserting to section 1168. (46) Section 2721(c) of title 18, United ‘‘2’’ the first place it appears. (27) Section 901 of the Civil Rights Act of States Code, is amended by striking ‘‘cov- (10) The first of the two undesignated para- 1968 is amended by striking ‘‘under this ered by this title’’ and inserting ‘‘covered by graphs of section 240002(c) of Public Law 103– title’’ each place it appears and inserting this chapter’’. 322 is designated as paragraph (1) and the ‘‘under title 18, United States Code,’’. (c) ELIMINATION OF EXTRA WORDS.— second as paragraph (2). (28) Section 223(a)(12)(A) of the Juvenile (1) Section 3561(b) of title 18, United States (11) Section 280005(a) of Public Law 103–322 Justice and Delinquency Prevention Act of Code, is amended by striking ‘‘or any rel- is amended by striking ‘‘Section 991 (a)’’ and 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by ative defendant, child, or former child of the inserting ‘‘Section 991(a)’’. striking ‘‘law).’’ and inserting ‘‘law)’’. defendant,’’. (12) Section 320101 of Public Law 103–322 is (29) Section 250008(a)(2) of Public Law 103– (2) Section 351(e) of title 18, United States amended— 322 is amended by striking ‘‘this Act’’ and in- Code, is amended by striking ‘‘involved in (A) in subsection (b), by striking paragraph serting ‘‘provisions of law amended by this the use of a’’ and inserting ‘‘involved the use (1); title’’. of a’’. (B) in subsection (c), by striking para- (30) Section 36(a) of title 18, United States graphs (1)(A) and (2)(A); Code, is amended— (d) EFFECTIVE DATE.—The amendments (C) in subsection (d), by striking paragraph (A) in paragraph (1), by striking ‘‘403(c)’’ made by this section shall take effect on the (3); and and inserting ‘‘408(c)’’; and date of enactment of Public Law 103–322. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12143 SEC. 605. ADDITIONAL TYPOGRAPHICAL AND (2) The item relating to section 2401 in the (3) by adding at the end the following: SIMILAR ERRORS FROM VARIOUS table of sections at the beginning of chapter ‘‘(j) For purposes of this section, the term SOURCES. 118 of title 18, United States Code, is amend- ‘State’ includes a State of the United States, (a) MISUSED CONNECTOR.—Section 1958(a) of ed by striking ‘‘2401’’ and inserting ‘‘2441’’. the District of Columbia, and any common- title 18, United States Code, is amended by (3) The table of chapters for part I of title wealth, territory, or possession of the United striking ‘‘this title and imprisoned’’ and in- 18, United States Code, is amended in the States.’’. serting ‘‘this title or imprisoned’’. item relating to chapter 118, by striking (h) Section 1761 of title 18, United States (b) SPELLING ERROR.—Effective on the date ‘‘2401’’ and inserting ‘‘2441’’. Code, is amended by adding at the end the of its enactment, section 961(h)(1) of the Fi- (q) DUPLICATE SECTION NUMBER.—That sec- following new subsection: nancial Institutions Reform, Recovery, and tion 2332d of title 18, United States Code, ‘‘(d) For the purposes of this section, the Enforcement Act of 1989 is amended by strik- that relates to requests for military assist- term ‘State’ means a State of the United ing ‘‘Saving and Loan’’ and inserting ‘‘Sav- ance to enforce prohibition in certain emer- States and any commonwealth, territory, or ings and Loan’’. gencies is redesignated as section 2332e and possession of the United States.’’. (i) Section 3156(a) of title 18, United States (c) WRONG SECTION DESIGNATION.—The moved to follow the section 2332d that re- Code, is amended— table of chapters for part I of title 18, United lates to financial transactions, and the item (1) by striking ‘‘and’’ at the end of para- States Code, is amended in the item relating relating to the section redesignated by this graph (3); to chapter 71 by striking ‘‘1461’’ and insert- subsection is amended by striking ‘‘2332d‘ ing ‘‘1460’’. and inserting ‘‘2332e’’ and moved to follow (2) by striking the period and inserting ‘‘; (d) INTERNAL CROSS REFERENCE.—Section the item relating to the section 2332d that and’’ at the end of paragraph (4); and 2262(a)(1)(A)(ii) of title 18, United States relates to financial transactions. (3) by adding at the end the following new Code, is amended by striking ‘‘subparagraph (r) CORRECTION OF WORD USAGE.—Section paragraph: (A)’’ and inserting ‘‘this subparagraph’’. 247(d) of title 18, United States Code, is ‘‘(5) the term ‘State’ includes a State of (e) MISSING COMMA.—Section 1361 of title amended by striking ‘‘notification’’ and in- the United States, the District of Columbia, 18, United States Code, is amended by insert- serting ‘‘certification’’. and any commonwealth, territory, or posses- ing a comma after ‘‘attempts to commit any SEC. 606. ADJUSTING AND MAKING UNIFORM THE sion of the United States.’’. of the foregoing offenses’’. DOLLAR AMOUNTS USED IN TITLE 18 (j) Section 102 of the Controlled Substances (f) CROSS REFERENCE ERROR FROM PUBLIC TO DISTINGUISH BETWEEN GRADES Act (21 U.S.C. 802) is amended— LAW 103–414.—The first sentence of section OF OFFENSES. (1) by amending paragraph (26) to read as 2703(d) of title 18, United States Code, by (a) Sections 215, 288, 641, 643, 644, 645, 646, follows: striking ‘‘3126(2)(A)’’ and inserting 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, ‘‘(26) The term ‘State’ means a State of the ‘‘3127(2)(A)’’. 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, United States, the District of Columbia, and (g) INTERNAL REFERENCE ERROR IN PUBLIC 1707, 1711, and 2113 of title 18, United States any commonwealth, territory, or possession LAW 103–359.—Section 3077(8)(A) of title 18, Code, are amended by striking ‘‘$100’’ each of the United States.’’; and United States Code, is amended by striking place it appears and inserting ‘‘$1,000’’. (2) by redesignating paragraph (43), as ‘‘title 18, United States Code’’ and inserting (b) Section 510 of title 18, United States added by section 90105(d) of the Violent ‘‘this title’’. Code, is amended by striking ‘‘$500’’ and in- Crime Control and Law Enforcement Act of (h) SPELLING AND INTERNAL REFERENCE serting ‘‘$1,000’’. 1994, as paragraph (44). ERROR IN SECTION 3509.—Section 3509 of title SEC. 607. APPLICATION OF VARIOUS OFFENSES (k) Section 1121 of title 18, United States 18, United States Code, is amended— TO POSSESSIONS AND TERRITORIES. Code, is amended by adding at the end the (1) in subsection (e), by striking ‘‘govern- (a) Sections 241 and 242 of title 18, United following new subsection: ment’s’’ and inserting ‘‘Government’s’’; and States Code, are each amended by striking ‘‘(c) For the purposes of this section, the (2) in subsection (h)(3), by striking ‘‘sub- ‘‘any State, Territory, or District’’ and in- term ‘State’ means a State of the United part’’ and inserting ‘‘paragraph’’. serting ‘‘any State, Territory, Common- States, the District of Columbia, and any (i) ERROR IN SUBDIVISION FROM PUBLIC LAW wealth, Possession, or District’’. commonwealth, territory, or possession of 103–329.—Section 3056(a)(3) of title 18, United (b) Sections 793(h)(1) and 794(d)(1) of title the United States.’’. States Code, is amended by redesignating 18, United States Code, are each amended by (l) Section 228(d)(2) of title 18, United subparagraphs (1) and (2) as subparagraphs adding at the end the following: ‘‘For the States Code, is amended by inserting ‘‘com- (A) and (B), respectively and moving the purposes of this subsection, the term ‘State’ monwealth,’’ before ‘‘possession or territory margins of such subparagraphs 2 ems to the includes a State of the United States, the of the United States’’. (m) Section 1546(c) of title 18, United right. District of Columbia, and any common- States Code, is amended by adding at the end (j) TABLE OF CONTENTS CORRECTION.—The wealth, territory, or possession of the United table of contents at the beginning of the States.’’. the following: ‘‘For purposes of this section, the term ‘State’ means a State of the United Antiterrorism and Effective Death Penalty (c) Section 925(a)(5) of title 18, United States Code, is amended by striking ‘‘For the States, the District of Columbia, and any Act of 1996 is amended by inserting ‘‘title iÐ purpose of paragraphs (3) and (4)’’ and insert- commonwealth, territory, or possession of habeas corpus reform’’ before the item relating ing ‘‘For the purpose of paragraph (3)’’. the United States.’’. to section 101. (d) Sections 1014 and 2113(g) of title 18, (n) Section 1541 of title 18, United States (k) CORRECTING ERROR IN AMENDATORY IN- United States Code, are each amended by Code, is amended— STRUCTIONS.—Section 107(b) of the adding at the end the following: ‘‘The term (1) in the first undesignated paragraph, by Antiterrorism and Effective Death Penalty ‘State-chartered credit union’ includes a striking ‘‘or possession’’; and Act of 1996 is amended by striking ‘‘IV’’ and credit union chartered under the laws of a (2) by adding at the end the following new inserting ‘‘VI’’. State of the United States, the District of paragraph: (l) CORRECTING ERROR IN DESCRIPTION OF Columbia, or any commonwealth, territory, ‘‘For purposes of this section, the term PROVISION AMENDED.—With respect to sub- or possession of the United States.’’. ‘State’ means a State of the United States, paragraph (F) only of paragraph (1) of sec- (e) Section 1073 of title 18, United States the District of Columbia, and any common- tion 205(a) of the Antiterrorism and Effective Code, is amended by adding at the end of the wealth, territory, or possession of the United Death Penalty Act of 1996, the reference at first paragraph the following: ‘‘For the pur- States.’’. the beginning of such paragraph to ‘‘sub- poses of clause (3) of this paragraph, the (o) Section 37(c) of title 18, United States section (a)(1)’’ shall be deemed a reference to term ‘State’ includes a State of the United Code, is amended in the final sentence by in- ‘‘subsection (a)’’. States, the District of Columbia, and any serting before the period the following: ‘‘, (m) ADDITION OF MISSING REFERENCE.—Sec- commonwealth, territory, or possession of and the term ‘State’ means a State of the tion 725(2) of the Antiterrorism and Effective the United States.’’. United States, the District of Columbia, and Death Penalty Act of 1996 is amended by in- (f) Section 1715 of title 18, United States any commonwealth, territory, or possession serting ‘‘(2)’’ after ‘‘subsection (b)’’. Code, is amended by striking ‘‘State, Terri- of the United States’’. (n) CONFORMING AMENDMENT TO TABLE OF tory, or District’’ each place those words ap- (p) Section 2281(c) of title 18, United States SECTIONS.—The table of sections at the be- pear and inserting ‘‘State, Territory, Com- Code, is amended in the final sentence by in- ginning of chapter 203 of title 18, United monwealth, Possession, or District’’. serting before the period the following: ‘‘, States Code, is amended by inserting after (g) Section 1716 of title 18, United States and the term ‘State’ means a State of the the item relating to section 3059A the follow- Code, is amended— United States, the District of Columbia, and ing new item: (1) in subsection (g)(2) by striking ‘‘State, any commonwealth, territory, or possession ‘‘3059B. General reward authority.’’. Territory, or the District of Columbia’’ and of the United States’’. (q) Section 521(a) of title 18, United States (o) INSERTION OF MISSING PUNCTUATION.— inserting ‘‘State’’; Section 6005(b)(3) of title 18, United States (2) in subsection (g)(3) by striking ‘‘the mu- Code, is amended by adding at the end the Code, is amended by adding a period at the nicipal government of the District of Colum- following: ‘‘ ‘State’ means a State of the end. bia or of the government of any State or ter- United States, the District of Columbia, and any commonwealth, territory, or possession (p) CORRECTION OF ERRONEOUS SECTION ritory, or any county, city, or other political of the United States.’’. NUMBER.— subdivision of a State’’ and inserting ‘‘any (1) Section 2401 of title 18, United States State, or any political subdivision of a Mr. MCCOLLUM (during the reading). Code, is redesignated as section 2441. State’’; and Mr. Speaker, I ask unanimous consent H12144 CONGRESSIONAL RECORD — HOUSE September 28, 1996 that the amendment be considered as reau of Investigation, and much of it has pre- State Department. The principal purpose of read and printed in the RECORD. viously passed the House by a vote of 399± new section 1831 of title 18 is to prevent and The SPEAKER pro tempore. Is there 3 on September 17. The bill passed the other punish acts of economic espionage involving objection to the request of the gen- body by unanimous consent with an amend- foreign government, foreign instrumentalities, tleman from Florida? ment. The amendment I offer today reconciles or foreign agents. The term ``foreign instru- There was no objection. the differences between these versions of this mentality'' is defined in the legislation to mean The SPEAKER pro tempore. Is there bill and is the result of negotiations with the a foreign corporation or company only when a objection to the original request of the majority and minority of both bodies. foreign government substantially owns, con- gentleman from Florida? This amendment retains much of the origi- trols, sponsors, commands, manages, or Ms. LOFGREN. Mr. Speaker, reserv- nal provisions of H.R. 3723, but it differs from dominates that corporation or company. Thus, ing the right to object, and I will not that bill in some significant ways. The amend- when this is not the case, a foreign corpora- object, I would ask the gentleman from ment will create two new crimes, instead of tion or company should not be prosecuted Florida [Mr. MCCOLLUM], and other the one created by the House-passed version under the section dealing with economic espi- committee members to explain. of the bill, and will increase the proof of state onage, new section 1831, but rather under the Mr. MCCOLLUM. Mr. Speaker, will of mind required to prove a violation of both section dealing with theft of trade secrets, new the gentlewoman yield? offenses from that of the original House bill. section 1832. Ms. LOFGREN. I yield to the gen- The crime of ``economic espionage'' will re- Mr. Speaker, I also want to make it clear tleman from Florida. quire proof of intent or knowledge by the of- that to make out a case under either of these Mr. MCCOLLUM. Mr. Speaker, this fender that the offense will benefit a foreign two new sections, the government must show amendment to H.R. 3723 is based in government, foreign instrumentality, or foreign that the accused knew or should have known large part on draft legislation for- agent through economic espionage. The crime that his conduct with respect to the trade se- warded to the Subcommittee on Crime of ``theft of trade secrets'' will require proof of cret was done without the authorization of the from the Department of Justice and the offender's intention to convert a trade se- owner of the trade secret. Thus, this act the Federal Bureau of Investigation, cret for the economic benefit of a person other should not give rise to a prosecution for legiti- and much of it has previously passed than the owner and also the intent or knowl- mate economic data collection or reporting by the House by a vote of 399–3 on Septem- edge by the offender that the offense will in- personnel of foreign governments or inter- ber 17. The bill passed by other body by jure the owner of the trade secret. national financial institutions, such as the unanimous consent with an amend- Also, the punishments for these crimes have World Bank, where the person collecting or re- ment. The amendment I offer today been slightly altered from those set forth in porting the information does not know (or reconciles the differences between H.R. 3723, so as to bring them more in line should not be charged with knowing) that their these versions of this bill and is the re- with existing theft and espionage statutes. Fi- actions in collecting or reporting the informa- sult of negotiations with the majority nally, the provisions dealing with the extra-ter- tion was without the authorization of the and minority of both bodies. ritorial reach of the statute has been amended owner. This amendment retains much of the to make it clear that the statute does not apply Mr. Speaker, this amendment represents original provisions of H.R. 3723, but it to a foreign corporation in which an American the bipartisan efforts of Members of both the differs from that bill in some signifi- may happen to hold an ownership interest, un- House and the other body. I am pleased to cant ways. The amendment will create less such corporation commits an act in fur- offer it today. two new crimes, instead of the one cre- therance of one of these two offenses inside Mr. Speaker, this amendment rep- ated by the House-passed version of the the United States. resents the bipartisan efforts of Mem- bill, and will increase the proof of state Mr. Speaker, this amendment also includes bers of both the House and the other of mind required to prove a violation of the provisions of S. 982, the ``National Infor- body, and I pleased to offer it today. both offenses from that of the original mation Infrastructure Act of 1996,'' which And I would say to the gentlewoman House bill. The crime of ‘‘economic es- passed unanimously in the other body on Sep- that I believe that all of these are ex- pionage’’ will require proof of intent or tember 18 and which is identical to H.R. 4095, cellent provisions. knowledge by the offender that the of- introduced by the gentleman from Virginia [Mr. What we are dealing with today is fense will benefit a foreign govern- GOODLATTE]. Both of these bills are based on the Economic Espionage Act, that is ment, foreign instrumentality, or for- draft legislation requested by the Justice De- the underlying bill that passed the eign agent through economic espio- partment. This provision amends the existing House, and what we need to be re- nage. statute dealing with acts of fraud committed by minded of as we pass this tonight is The provision will extend the protec- computer and acts of sabotage to government that we have a fundamental problem tions of this law to private computers computers. The provision will extend the pro- with the espionage of our economic se- used in interstate commerce and will tections of this law to private computers used crets in this country. There has been a also close loopholes in existing law in interstate commerce and will also close longstanding need to address this in that, in some cases, would have pre- loopholes in existing law that, in some cases, the criminal laws of our Nation, and I vented the Government from prosecut- would have prevented the government from believe that we finally have reached an ing persons who sabotage Government prosecuting persons who sabotage govern- accord with the other body, and if we computers. ment computers. pass this tonight we will accomplish it. Finally, the amendment includes the Finally, the amendment includes the provi- Mr. Speaker, I thank the gentle- provisions of H.R. 2538, the ‘‘Criminal sions of H.R. 2538, the ``Criminal Law Tech- woman for yielding to me and under- Law Technical Amendments Act of nical Amendments Act of 1995,'' which passed stand that she will yield to the gen- 1995,’’ which passed by the House under by the House under suspension of the rules tleman from Virginia [Mr. GOODLATTE], suspension of the rules on December 12, on December 12, 1995. Included along with to explain perhaps the computer part 1995. Included along with these purely these purely technical amendments from H.R. of this a little more. technical amendments from H.R. 2538 2538 are additional technical corrections to the Ms. LOFGREN. Mr. Speaker, further are additional technical corrections to Anti-terrorism law passed by the Congress reserving the right to object, I yield to the Anti-terrorism law passed by the earlier this session and two minor substantive the gentleman from Virginia [Mr. Congress earlier this session and two provisions (S. 1331 and S. 1332) that passed GOODLATTE] to discuss further the com- minor substantive provisions (S. 1331 unanimously in the other body. Those provi- puter issue. and S. 1332) that passed unanimously in sions would amend certain sections of title 18 Mr. GOODLATTE. Mr. Speaker, I the other body. to ensure that all title 18 laws will apply to thank the gentlewoman for yielding, Mr. Speaker, this amendment rep- U.S. commonwealths and territories, and and I thank the gentleman from Flor- resents the bipartisan efforts of Mem- would adjust the dollar amounts specified in ida [Mr. MCCOLLUM], the chairman of bers of the House and the other body. I certain title 18 crimes, and which distinguish the Subcommittee on Crime, for in- am pleased to offer it today. between grades of offenses, so that all title 18 cluding the legislation which I intro- Mr. Speaker this amendment to H.R. 3723 crimes are uniform in this respect. duced, H.R. 4095, in this unanimous- is based in large part on draft legislation for- Mr. Speaker, I wish to make clear my view consent request. warded to the Subcommittee on Crime from as the Member who introduced H.R. 3723 as With the benefits created by the ex- the Department of Justice and the Federal Bu- to two questions that have been raised by the plosion of computer networks comes a September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12145 very serious concern: Network comput- The SPEAKER pro tempore. Is there great man in history, Joshua Chamber- ers also provide new opportunities for objection to the request of the gen- lain was also the president of Bowdoin criminal activity. tleman from New York? College, and a scholar. The computer emergency response Mr. BALDACCI. Mr. Speaker, reserv- I cannot think of a more fitting trib- team, known as CERT, based on the ing the right to object, I wish to state ute to this great American than follow- Carnegie Mellon University in Pitts- that the minority has no objection to ing through on the adoption of this bill burgh, reports that the number of re- the approval of S. 2153. as just suggested by the gentleman ported intrusions into U.S.-based com- Mr. Speaker, I urge my colleagues to from Maine, and I would urge all our puter systems rose from 773 in 1992 to support S. 2153. It is a bill designating colleagues to accept this unanimous- more than 2,300 in 1994. Once into a the United States Post Office Building consent request at this time. computer system, hackers have the located in Brewer, Maine as the Joshua Mr. BALDACCI. Mr. Speaker, I with- ability to steal, modify, or destroy sen- Lawrence Chamberlain Post Office draw my reservation of objection. sitive data, thus the potential cost to Building. This measure was introduced The SPEAKER pro tempore. Is there users, including businesses, are stag- by Senator COHEN at the request of the objection to the request of the gen- gering. city of Brewer, Maine to honor this tleman from New York? That is why the Justice Department Civil War hero, four-term Governor of There was no objection. and the FBI support this important Maine, scholar and professor. The Clerk read the Senate bill, as fol- legislation. It will help stem the on- Mr. Speaker, I cannot think of a lows: line crime epidemic and increase pro- more fitting tribute for this dedicated S. 2153 tection for both government and pri- public servant. I urge my colleagues to Be it enacted by the Senate and House of Rep- vate computers. The bill would allow support this and I also have extended resentatives of the United States of America in Federal prosecution for those who mis- remarks at the front table. Congress assembled, uses computers to obtain government Mr. Speaker, I rise today in strong support SECTION 1. DESIGNATION OF JOSHUA LAW- information and, where appropriate, in- of this legislation, S. 2153, which would des- RENCE CHAMBERLAIN POST OFFICE formation held by the private sector. ignate the Post Office in Brewer, Maine in BUILDING. The bill would also penalize any per- The United States Post Office building lo- honor of George Joshua Lawrence Chamber- cated at 22 Parkway South, Brewer, Maine, son who uses a computer to cause the lain. I introduced identical legislation on this transmission of a computer virus or shall be known as and designated as the matter, which the entire Maine Congressional ‘‘Joshua Lawrence Chamberlain Post Office other harmful computer program to Delegation has supported, and am pleased Building’’. government and financial institution that the Congress has acted quickly on it. SEC. 2. REFERENCES. computers not used in interstate com- I was contacted recently by Brewer's Post- Any reference in a law, map, regulation, munications, such as intrastate local master, Stanley Abraham. He told me that the document, record, or other paper of the Unit- area networks used by government citizens of Brewer had requested that their ed States to the United States Post Office agencies. Post Office be named in honor of a hometown building referred to in section 1 shall be The NIA Protection Act would pro- hero, General Joshua Lawrence Chamberlain. deemed to be a reference to the ‘‘Joshua vide much needed protection for our Lawrence Chamberlain Post Office Build- General Chamberlain was born and edu- ing’’. Nation’s important information infra- cated in Brewer, Maine. Leading the 20th structure and help maintain the pri- Maine, he played a crucial role at Little Round The Senate bill was ordered to be vacy of electronic information. Top in the Battle of Gettysburg. This battle read a third time, was read the third Ms. LOFGREN. Mr. Speaker, further was a turning point in the Civil War. His tre- time, and passed, and a motion to re- reserving the right to object, I would mendous skills were duly recognized when he consider was laid on the table. like to say how pleased I am that we was given the only battlefield promotion to f are able to enact this measure into law General of the Civil War. General Chamber- AMOS F. LONGORIA POST OFFICE this night and have it become law and lain's leadership skills were further recognized BUILDING for the President to sign it. by the people of Maine when they elected him American companies have faced the Mr. MCHUGH. Mr. Speaker, I ask Governor by the largest majority in Maine's fact, unfortunately, that our laws were unanimous consent to take from the history, and returned him to office three times. written so long ago that they do not Speaker’s table the bill (H.R. 2700), to As a student of history, I am proud to recog- deal with the protection of ideas in the designate the building located at 8302 nize the accomplishments of General Cham- way that they should, and we know in FM 327, Elmendorf, TX, which houses berlain. His military, academic and political ca- this information society it is the great operations of the United States Postal reer has brought great honor to the City of power of our information and ideas Service, as the ‘‘Amos F. Longoria Brewer and the State of Maine. Designating that will keep us on the cutting edge of Post Office Building,’’ with a Senate the Brewer Post Office in General Chamber- the economies of the world. amendment thereto, and concur in the lain's honor is a fitting tribute to one of So I fully support this bill as well as Senate amendment. Maine's greatest leaders, and I am pleased to the other Senate amendments. The Clerk read the title of the bill. Mr. Speaker, I withdraw my reserva- support this legislation. The Clerk read the Senate amend- Mr. MCHUGH. Mr. Speaker, will the tion of objection. ment, as follows: The SPEAKER pro tempore. Is there gentleman yield? Mr. BALDACCI. Further reserving Senate amendment: objection to the original request of the Page 2, after line 9 insert: gentleman from Florida? the right to object, I yield to the gen- tleman from New York. SEC. 2. INSTITUTION OF HIGHER EDUCATION. There was no objection. Paragraph (3) of section 3626(b) of title 39, A motion to reconsider was laid on Mr. MCHUGH. Mr. Speaker, I thank United States Code, is amended by striking the table. the gentleman for yielding and for his the period and inserting ‘‘, and includes a f comments and also his leadership on nonprofit organization that coordinates a this issue. network of college-level courses that is spon- JOSHUA LAWRENCE CHAMBERLAIN Mr. Speaker, as was just noted, this sored primarily by nonprofit educational in- POST OFFICE BUILDING legislation, which is important to note stitutions for an older adult constituency.’’. Mr. MCHUGH. Mr. Speaker, I ask was introduced by both the Senators Mr. MCHUGH (during the reading). unanimous consent to take from the from the great State of Maine and is Mr. Speaker, I ask unanimous consent Speaker’s table the Senate bill (S. 2153) supported both by the gentleman whom that the Senate amendment be consid- to designate the United States Post Of- we have just heard from but also the ered as read and printed in the RECORD. fice building located in Brewer, Maine, entire House delegation, does indeed The SPEAKER pro tempore. Is there as the ‘‘Joshua Lawrence Chamberlain honor a Civil War hero by naming a objection to the request of the gen- Post Office Building,’’ and for other post office building located in Brewer, tleman from New York? purposes, and ask for its immediate ME as the Joshua Lawrence Chamber- There was no objection. consideration in the House. lain Post Office Building. The SPEAKER pro tempore. Is there The Clerk read the title of the Senate In addition to being known as a man objection to the original request of the bill. of remarkable valor in that war and a gentleman from New York? H12146 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. BALDACCI. Mr. Speaker, reserv- tee on Transportation and Infrastruc- happened repeatedly in my district in the Du- ing the right to object, I wish to state ture and the Committee on Resources luth-Superior Harbor, in the Great Lakes, and the minority has no objection to the be discharged from further consider- is at risk of happening in the Chesapeake approval of H.R. 2700, as amended. ation of the bill (H.R. 4283) to provide Bay, the San Francisco Bay Delta Estuary, the Mr. Speaker, I urge my colleagues to for ballast water management to pre- Gulf of Mexico, and other of our most treas- support H.R. 2700, as amended. This bill vent the introduction and spread of ured ecosystems; designates a post office in Elmendorf, nonindigenous species into the waters Avoid public and private expenditures of mil- TX as the Amos F. Longoria Post Of- of the United States, and for other pur- lions of dollars a year on clearing zebra mus- fice Building, with an amendment of- poses, and ask for its immediate con- sels from intake pipes and water treatment fered by Senator PRYOR. The amend- sideration in the House. systems, increasing the cost of providing ment addresses mailing problems fac- The Clerk read the title of the bill. water and electricity to our citizens; and help ing by Elderhostel, an independent The SPEAKER pro tempore. Is there preserve native species and the natural bio- nonprofit organization which operates objection to the request of the gen- diversity of our Nation's aquatic ecosystems. a central course catalog and registra- tleman from New York? Finally, this bill includes certain exemptions tion system for college level classes for b 2300 which concern me. I intend to further examine people over the age of 60. these provisions and their impacts when we Mr. Speaker, H.R. 2700, as amended, Mr. OBERSTAR. Mr. Speaker, reserv- return next year. Along those lines, I would will solve a problem caused by the fact ing the right to object, the bill before like to clarify that nothing in the bill super- that Elderhostel does not fit neatly us is nearly identical to the Invasive sedes any requirement or prohibition under into the Postal Service’s definitions Species Act that the House passed by any other law pertaining to the discharge or and I urge my colleagues to support voice vote earlier this week, except for exchange of ballast water, including any con- this measure. limited amendments requested by the Mr. MCHUGH. Mr. Speaker, will the ditions for lifting the export ban on Alaska other body. I continue to have some North Slope crude oil. gentleman yield? concerns about at least one of those Mr. BALDACCI. I yield to the gen- I will not object to passage of this bill. changes, but on balance those concerns tleman from New York. Mr. OBERSTAR. Mr. Speaker, fur- are outweighed by the net gains to the Mr. MCHUGH. Mr. Speaker, I thank ther reserving the right to object, I the gentleman for yielding. Great Lakes region and to the rest of yield to the gentleman from Ohio [Mr. Mr. Speaker, this bill was passed and the Nation from this legislation. LATOURETTE] and compliment him for amended by this body on July 30, 1996 One of the concerns I have is a major the leadership that he has taken on au- under suspension of the rules, as the concern with the application of this thoring this legislation, which I am gentleman from Maine just noted. It legislation to the salt water ports, and proud to cosponsor and for moving it does what I certainly believe and I with our chairman managing this bill, along. hope all our colleagues agree is a very and with his deep concern for environ- (Mr. LATOURETTE asked and was worthwhile step in creating certain mental issues, I do want to ask the given permission to revise and extend mailing rights for very worthy organi- gentleman from New York [Mr. BOEH- his remarks.) zation involved in educational activi- LERT] for a commitment that we will Mr. LATOURETTE. Mr. Speaker, I ties. examine these issues in the proper de- thank the gentleman from Minnesota I would note for the record, Mr. tail that they deserve in the coming [Mr. OBERSTAR] for yielding, and I Speaker, that a preliminary analysis Congress. thank him because he has gone above by the Congressional Budget Office re- (Mr. OBERTSTAR asked and was and beyond reaching across the aisle to ports that the enactment of the amend- given permission to revise and extend make sure we can get this done. I ment as placed in this bill by the Sen- his remarks.) thank the gentleman from Pennsylva- ate would result in a cost to the U.S. Mr. BOEHLERT. Mr. Speaker, if the nia [Mr. SHUSTER], the gentleman from Postal Service. However, as the Postal gentleman would yield, my colleague Pennsylvania [Mr. BORSKI], but most of Service is classified as off budget, pay- has those assurances. all I thank the gentleman from New as-you-go procedures would not apply. Mr. OBERSTAR. Mr. Speaker, I York [Mr. BOEHLERT] without whose Mr. Speaker, I would urge our col- thank the gentleman. persistence and shepherding we would leagues to support this bill as amended Mr. Speaker, I will not object to passage of not be here, and I thank his staff, in by the Senate. I think it is a worthy the National Invasive Species Act of 1996. particular Ben Grumbles. initiative that would do this House The bill before us now is nearly identical to the Also, Mr. Speaker, it happens to be proud and I certainly hope for its pas- Invasive Species bill that the House passed by Chairman BOEHLERT’s birthday and I sage. voice vote earlier this week, except for limited am not going to hold him up any Mr. BALDACCI. Mr. Speaker, I with- amendments which have been requested by longer. I would hope that we could all draw my reservation of objection? the other body. I continue to have some con- support this bill and I thank all my The SPEAKER pro tempore. Is there cerns regarding one of those changes, but on colleagues for making it happen. objection to the original request of the balance, those concerns are outweighed by Mr. Speaker, I rise in strong support of H.R. gentleman from New York? the net gains to the Great Lakes region and to 4283, the National Invasive Species Act, as There was no objection. the Nation from this bill being signed into law amended by the Senate. We arrive at this A motion to reconsider was laid on this Congress. point today due to strong bipartisan coopera- the table. This bill will contribute toward preventing tion. Many concerns were raised about the po- f further invasions by, and the spread of, non- tential impact of the Senate amendments. GENERAL LEAVE indigenous aquatic species. It builds on the After careful review, I am pleased to report very successful program in the Great Lakes, that the Senate amendments will not com- Mr. MCHUGH. Mr. Speaker, I ask unanimous consent that all Members which was developed under the 1990 ``Non- promise the fundamental purpose and goals of may have 5 legislative days within indigenous Aquatic Nuisance Prevention and H.R. 4283. which to revise and extend their re- Control Act,'' and expands the scope of the H.R. 4283 will build upon the Nonaquatic marks on the Senate amendment to law to the entire Nation. Nuisance Prevention and Control Act of 1990 H.R. 2700. Also of critical importance, the bill should that addressed zebra mussels and other The SPEAKER pro tempore. Is there promote the development of new technologies, invasive species in the Great Lakes. However, objection to the request of the gen- recognizing the limitations of ballast exchange it is important to note that H.R. 4283 is na- tleman from New York? in preventing the spread of invasive species tional in scope, extending a voluntary incen- There was no objection. that already have been introduced into the tive-based approach to all coasts and regions f Great Lakes and other U.S. waters. at risk. H.R. 4283 coordinates agencies, re- We all have a great deal at stake in pas- search institutions and others to prevent and NATIONAL INVASIVE SPECIES ACT sage of this bill this year. Passage of this bill control the introduction and spread of invasive OF 1996 into law will: species primarily through voluntary ballast Mr. BOEHLERT. Mr. Speaker, I ask Help prevent further unnecessary devasta- water exchange and management education unanimous consent that the Commit- tion of our most valuable fisheries, as has and research. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12147 Mr. Speaker, we are in the closing minutes, may carry diseases or parasites that affect ‘‘(15) resolving the problems associated so I will make my comments brief. I would like native species, and may disrupt the aquatic with aquatic nuisance species will require environment and economy of affected near- the participation and cooperation of the Fed- to thank Mr. SHUSTER for his tireless efforts eral Government and State governments, moving H.R. 4283. Additionally, I would like to shore areas; ‘‘(3) the zebra mussel was unintentionally and investment in the development of pre- extend my thanks to Ranking Member OBER- introduced into the Great Lakes and has in- vention technologies.’’. STAR for his support and Ranking Member of fested— (2) DEFINITIONS.—Section 1003 (16 U.S.C. the Water Resources Subcommittee Mr. BOR- ‘‘(A) waters south of the Great Lakes, into 4702) is amended— SKI for his time and attention on this issue. Mr. a good portion of the Mississippi River drain- (A) by striking paragraph (1) and redesig- Speaker, we would not be here today without age; nating paragraphs (2) through (8) as para- the stewardship and persistence of the chair- ‘‘(B) waters west of the Great Lakes, into graphs (1) through (7), respectively; (B) in paragraph (2), as redesignated by man of the Water Resources Subcommittee, the Arkansas River in Oklahoma; and ‘‘(C) waters east of the Great Lakes, into subparagraph (A) of this paragraph, by strik- Mr. BOEHLERT, my sincere thanks to him. ing ‘‘assistant Secretary’’ and inserting ‘‘As- I would also like to thank the cosponsor of the Hudson River and Lake Champlain;’’; (B) in paragraph (4)— sistant Secretary’’; H.R. 4283. (i) by inserting ‘‘by the zebra mussel and (C) by redesignating paragraphs (9) I would also like to thank our colleagues in ruffe, round goby, and other nonindigenous through (15) as paragraphs (11) through (17), the Senate, especially the senior Senator from species’’ after ‘‘other species’’; and respectively; and (D) by inserting after paragraph (7), as re- Ohio, Senator GLENN, a Great Lakes cham- (ii) by striking ‘‘and’’ at the end; designated by subparagraph (A) of this para- pion who has been a catalyst on this issue. (C) in paragraph (5), by striking the period graph, the following: and inserting a semicolon; and Mr. Speaker, I would be remiss if I did not ‘‘(8) ‘Great Lakes region’ means the 8 (D) by adding at the end the following new take time to thank the staffers who, unfortu- States that border on the Great Lakes; paragraphs: nately, do not get near the credit they de- ‘‘(9) ‘Indian tribe’ means any Indian tribe, ‘‘(6) in 1992, the zebra mussel was discov- serve. These men and women have spent band, nation, or other organized group or ered at the northernmost reaches of the countless hours on H.R. 4283, and they have community, including any Alaska Native Chesapeake Bay watershed; village or regional corporation (as defined in my deep appreciation and my thanks. I would ‘‘(7) the zebra mussel poses an imminent hate to leave someone out, but let me thank or established pursuant to the Alaska Native risk of invasion in the main waters of the Claims Settlement Act (43 U.S.C. 1601 et Rochelle Sturtevant of my staff, Ben Grumbles Chesapeake Bay; seq.)) that is recognized as eligible for the of the Water Resources Subcommittee, the ‘‘(8) since the Chesapeake Bay is the larg- special programs and services provided by staff of the House Committee on Resources, est recipient of foreign ballast water on the the United States to Indians because of their the House Committee on Science, as well as East Coast, there is a risk of further inva- status as Indians; Allegra Cangelosi of the Northeast-Midwest In- sions of other nonindigenous species; ‘‘(10) ‘interstate organization’ means an ‘‘(9) the zebra mussel is only one example entity— stitute. of thousands of nonindigenous species that Mr. Speaker, I ask my colleagues to support ‘‘(A) established by— have become established in waters of the ‘‘(i) an interstate compact that is approved this truly bipartisan effort that will prevent United States and may be causing economic by Congress; other areas throughout our Nation from facing and ecological degradation with respect to ‘‘(ii) a Federal statute; or the costs and environmental damage that we the natural resources of waters of the United ‘‘(iii) a treaty or other international agree- in the Great Lakes have witnessed. States; ment with respect to which the United Mr. OBERSTAR. Mr. Speaker, I join ‘‘(10) since their introduction in the early States is a party; and in unexpectedly wishing a happy and 1980’s in ballast water discharges, ruffe— ‘‘(B)(i) that represents 2 or more— ‘‘(A) have caused severe declines in popu- ‘‘(I) States or political subdivisions there- well deserved birthday to my good lations of other species of fish in Duluth Har- friend from New York. of; or bor (in Minnesota and Wisconsin); ‘‘(II) Indian tribes; or Mr. BOEHLERT. Mr. Speaker, I ‘‘(B) have spread to Lake Huron; and ‘‘(ii) that represents— thank the gentleman. ‘‘(C) are likely to spread quickly to most ‘‘(I) 1 or more States or political subdivi- Mr. Speaker, I strongly urge my col- other waters in North America if action is sions thereof; and leagues to support the National not taken promptly to control their spread; ‘‘(II) 1 or more Indian tribes; or Invasive Species Act of 1996. ‘‘(11) examples of nonindigenous species ‘‘(iii) that represents the Federal Govern- Mr. OBERSTAR. Mr. Speaker, I with- that, as of the date of enactment of the Na- ment and 1 or more foreign governments; draw my reservation of objection. tional Invasive Species Act of 1996, infest and coastal waters of the United States and that ‘‘(C) has jurisdiction over, serves as forum The SPEAKER pro tempore (Mr. have the potential for causing adverse eco- for coordinating, or otherwise has a role or HANSEN). Is there objection to the re- nomic and ecological effects include— responsibility for the management of, any quest of the gentleman from New ‘‘(A) the mitten crab (Eriocher sinensis) land or other natural resource;’’. York? that has become established on the Pacific (b) AQUATIC NUISANCE SPECIES CONTROL There was no objection. Coast; PROGRAM.— The Clerk read the bill as follows: ‘‘(B) the green crab (Carcinus maenas) that (1) AMENDMENT TO HEADING.—The heading has become established in the coastal waters to subtitle B (16 U.S.C. 4711 et seq.) is amend- H.R. 4283 of the Atlantic Ocean; ed to read as follows: Be it enacted by the Senate and House of Rep- ‘‘(C) the brown mussel (Perna perna) that ‘‘Subtitle B—Prevention of Unintentional In- resentatives of the United States of America in has become established along the Gulf of troductions of Nonindigenous Aquatic Spe- Congress assembled, Mexico; and cies’’. SECTION 1. SHORT TITLE; REFERENCES. ‘‘(D) certain shellfish pathogens; (2) AQUATIC NUISANCE SPECIES.—Section (a) IN GENERAL.—This Act may be cited as ‘‘(12) many aquatic nuisance vegetation 1101 (16 U.S.C. 4711) is amended to read as fol- the ‘‘National Invasive Species Act of 1996’’. species, such as Eurasian watermilfoil, lows: (b) REFERENCES.—Whenever in this Act an hydrilla, water hyacinth, and water chest- ‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN WA- amendment or repeal is expressed in terms of nut, have been introduced to waters of the TERS OF THE UNITED STATES. an amendment to or repeal of a section or United States from other parts of the world ‘‘(a) GREAT LAKES GUIDELINES.— other provision, the reference shall be con- causing or having a potential to cause ad- ‘‘(1) IN GENERAL.—Not later than 6 months sidered to be made to a section or other pro- verse environmental, ecological, and eco- after the date of enactment of this Act, the vision of the Nonindigenous Aquatic Nui- nomic effects; Secretary shall issue voluntary guidelines to sance Prevention and Control Act of 1990 (16 ‘‘(13) if preventive management measures prevent the introduction and spread of U.S.C. 4701 et seq.). are not taken nationwide to prevent and con- aquatic nuisance species into the Great SEC. 2. AMENDMENTS TO THE NONINDIGENOUS trol unintentionally introduced nonindige- Lakes through the exchange of ballast water AQUATIC NUISANCE PREVENTION nous aquatic species in a timely manner, fur- of vessels prior to entering those waters. AND CONTROL ACT OF 1990. ther introductions and infestations of species ‘‘(2) CONTENT OF GUIDELINES.—The guide- (a) FINDINGS; DEFINITIONS.— that are as destructive as, or more destruc- lines issued under this subsection shall— (1) FINDINGS.—Section 1002(a) (16 U.S.C. tive than, the zebra mussel or the ruffe infes- ‘‘(A) ensure to the maximum extent prac- 4701(a)) is amended— tations may occur; ticable that ballast water containing aquatic (A) by striking paragraphs (2) and (3) and ‘‘(14) once introduced into waters of the nuisance species is not discharged into the inserting the following new paragraphs: United States, aquatic nuisance species are Great Lakes; ‘‘(2) when environmental conditions are fa- unintentionally transported and introduced ‘‘(B) protect the safety of— vorable, nonindigenous species become es- into inland lakes and rivers by recreational ‘‘(i) each vessel; and tablished, may compete with or prey upon boaters, commercial barge traffic, and a va- ‘‘(ii) the crew and passengers of each ves- native species of plants, fish, and wildlife, riety of other pathways; and sel; H12148 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘(C) take into consideration different ves- operations and other operations of vessels than ballast water exchange at reducing the sel operating conditions; and equipped with ballast water tanks. risk of transfers of invasive species in the ‘‘(D) be based on the best scientific infor- ‘‘(2) CONTENT OF GUIDELINES.—The vol- ballast water of passenger vessels; and mation available. untary guidelines issued under this sub- ‘‘(L) not apply to crude oil tankers engaged ‘‘(b) REGULATIONS.— section shall— in the coastwise trade. ‘‘(1) IN GENERAL.—Not later than 2 years ‘‘(A) ensure to the maximum extent prac- ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE after the date of enactment of this Act, the ticable that aquatic nuisance species are not PROGRAMS.—Not later than 1 year after the Secretary, in consultation with the Task discharged into waters of the United States date of enactment of the National Invasive Force, shall issue regulations to prevent the from vessels; Species Act of 1996, the Secretary shall carry introduction and spread of aquatic nuisance ‘‘(B) apply to all vessels equipped with bal- out education and technical assistance pro- species into the Great Lakes through the last water tanks that operate in waters of grams and other measures to encourage com- ballast water of vessels. the United States; pliance with the guidelines issued under this ‘‘(2) CONTENT OF REGULATIONS.—The regula- ‘‘(C) protect the safety of— subsection. tions issued under this subsection shall— ‘‘(i) each vessel; and ‘‘(d) REPORT TO CONGRESS.—Not sooner ‘‘(A) apply to all vessels equipped with bal- ‘‘(ii) the crew and passengers of each ves- than 24 months after the date of issuance of last water tanks that enter a United States sel; guidelines pursuant to subsection (c) and not port on the Great Lakes after operating on ‘‘(D) direct a vessel that is carrying ballast later than 30 months after such date, and the waters beyond the exclusive economic water into waters of the United States after after consultation with interested and af- zone; operating beyond the exclusive economic fected persons, the Secretary shall prepare ‘‘(B) require a vessel to— zone to— and submit to Congress a report containing ‘‘(i) carry out exchange of ballast water on ‘‘(i) carry out the exchange of ballast the information required pursuant to para- the waters beyond the exclusive economic water of the vessel in waters beyond the ex- graphs (1) and (2) of subsection (e). clusive economic zone; zone prior to entry into any port within the ‘‘(e) PERIODIC REVIEW AND REVISION.— ‘‘(ii) exchange the ballast water of the ves- Great Lakes; ‘‘(1) IN GENERAL.—Not later than 3 years sel in other waters where the exchange does ‘‘(ii) carry out an exchange of ballast water after the date of issuance of guidelines pur- not pose a threat of infestation or spread of in other waters where the exchange does not suant to subsection (c), and not less fre- nonindigenous species in waters of the Unit- pose a threat of infestation or spread of quently than every 3 years thereafter, the ed States, as recommended by the Task aquatic nuisance species in the Great Lakes Secretary shall, in accordance with criteria Force under section 1102(a)(1); or and other waters of the United States, as developed by the Task Force under para- ‘‘(iii) use environmentally sound alter- recommended by the Task Force under sec- graph (3)— native ballast water management methods, tion 1102(a)(1); or ‘‘(A) assess the compliance by vessels with including modification of the vessel ballast ‘‘(iii) use environmentally sound alter- water tanks and intake systems, if the Sec- the voluntary guidelines issued under sub- native ballast water management methods if retary determines that such alternative section (c) and the regulations promulgated the Secretary determines that such alter- methods are at least as effective as ballast under this Act; native methods are as effective as ballast water exchange in preventing and control- ‘‘(B) establish the rate of compliance that water exchange in preventing and control- ling infestations of aquatic nuisance species; is based on the assessment under subpara- ling infestations of aquatic nuisance species; ‘‘(E) direct vessels to carry out manage- graph (A); ‘‘(C) not affect or supersede any require- ment practices that the Secretary deter- ‘‘(C) assess the effectiveness of the vol- ments or prohibitions pertaining to the dis- mines to be necessary to reduce the prob- untary guidelines and regulations referred to charge of ballast water into waters of the ability of unintentional nonindigenous spe- in subparagraph (A) in reducing the intro- United States under the Federal Water Pol- cies transfer resulting from— duction and spread of aquatic nuisance spe- lution Control Act (33 U.S.C. 1251 et seq.); ‘‘(i) ship operations other than ballast cies by vessels; and ‘‘(D) provide for sampling procedures to water discharge; and ‘‘(D) as necessary, on the basis of the best monitor compliance with the requirements ‘‘(ii) ballasting practices of vessels that scientific information available— of the regulations; enter waters of the United States with no ‘‘(i) revise the guidelines and regulations ‘‘(E) prohibit the operation of a vessel in ballast water on board; referred to in subparagraph (A); the Great Lakes if the master of the vessel ‘‘(F) provide for the keeping of records that ‘‘(ii) promulgate additional regulations has not certified to the Secretary or the Sec- shall be submitted to the Secretary, as pre- pursuant to subsection (f)(1); or retary’s designee by not later than the de- scribed by the guidelines, and that shall be ‘‘(iii) carry out each of clauses (i) and (ii). parture of that vessel from the first lock in maintained on board each vessel and made ‘‘(2) SPECIAL REVIEW AND REVISION.—Not the St. Lawrence Seaway that the vessel has available for inspection, upon request of the later than 90 days after the Task Force complied with the requirements of the regu- Secretary and in a manner consistent with makes a request to the Secretary for a spe- lations; subsection (i), in order to enable the Sec- cial review and revision for coastal and in- ‘‘(F) protect the safety of— retary to determine compliance with the land waterways designated by the Task ‘‘(i) each vessel; and guidelines, including— Force, the Secretary shall— ‘‘(ii) the crew and passengers of each ves- ‘‘(i) with respect to each ballast water ex- ‘‘(A) conduct a special review of guidelines sel; change referred to in clause (ii), reporting on and regulations applicable to those water- ‘‘(G) take into consideration different op- the precise location and thoroughness of the ways in accordance with the review proce- erating conditions; and exchange; and dures under paragraph (1); and ‘‘(H) be based on the best scientific infor- ‘‘(ii) any other information that the Sec- ‘‘(B) as necessary, in the same manner as mation available. retary considers necessary to assess the rate provided under paragraph (1)(D)— ‘‘(3) ADDITIONAL REGULATIONS.—In addition of effective compliance with the guidelines; ‘‘(i) revise those guidelines; to promulgating regulations under para- ‘‘(G) provide for sampling procedures to ‘‘(ii) promulgate additional regulations graph (1), the Secretary, in consultation monitor compliance with the guidelines; pursuant to subsection (f)(1); or with the Task Force, shall, not later than ‘‘(H) take into consideration— ‘‘(iii) carry out each of clauses (i) and (ii). November 4, 1994, issue regulations to pre- ‘‘(i) vessel types; ‘‘(3) CRITERIA FOR EFFECTIVENESS.—Not vent the introduction and spread of aquatic ‘‘(ii) variations in the characteristics of later than 18 months after the date of enact- nuisance species into the Great Lakes point of origin and receiving water bodies; ment of the National Invasive Species Act of through ballast water carried on vessels that ‘‘(iii) variations in the ecological condi- 1996, the Task Force shall submit to the Sec- enter a United States port on the Hudson tions of waters and coastal areas of the Unit- retary criteria for determining the adequacy River north of the George Washington ed States; and and effectiveness of the voluntary guidelines Bridge. ‘‘(iv) different operating conditions; issued under subsection (c). ‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE ‘‘(I) be based on the best scientific infor- ‘‘(f) AUTHORITY OF SECRETARY.— PROGRAMS.—The Secretary may carry out mation available; ‘‘(1) GENERAL REGULATIONS.—If, on the education and technical assistance programs ‘‘(J) not affect or supersede any require- basis of a periodic review conducted under and other measures to promote compliance ments or prohibitions pertaining to the dis- subsection (e)(1) or a special review con- with the regulations issued under this sub- charge of ballast water into waters of the ducted under subsection (e)(2), the Secretary section. United States under the Federal Water Pol- determines that— ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.— lution Control Act (33 U.S.C. 1251 et seq.); ‘‘(A) the rate of effective compliance (as ‘‘(1) IN GENERAL.—Not later than 1 year and determined by the Secretary) with the guide- after the date of enactment of the National ‘‘(K) provide an exemption from ballast lines issued pursuant to subsection (c) is in- Invasive Species Act of 1996, and after pro- water exchange requirements to passenger adequate; or viding notice and an opportunity for public vessels with operating ballast water systems ‘‘(B) the reporting by vessels pursuant to comment, the Secretary shall issue vol- that are equipped with treatment systems those guidelines is not adequate for the Sec- untary guidelines to prevent the introduc- designed to kill aquatic organisms in ballast retary to assess the compliance with those tion and spread of nonindigenous species in water, unless the Secretary determines that guidelines and provide a rate of compliance waters of the United States by ballast water such treatment systems are less effective of vessels, including the assessment of the September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12149 rate of compliance of vessels under sub- the North American Free Trade Agreement, the Task Force shall, with respect to each section (e)(2), is encouraged to enter into negotiations with such survey— the Secretary shall promptly promulgate the governments of foreign countries to de- ‘‘(i) examine the attributes and patterns of regulations that meet the requirements of velop and implement an effective inter- invasions of aquatic nuisance species; and paragraph (2). national program for preventing the unin- ‘‘(ii) provide an estimate of the effective- ‘‘(2) REQUIREMENTS FOR REGULATIONS.—The tentional introduction and spread of non- ness of ballast water management and other regulations promulgated by the Secretary indigenous species. vessel management guidelines issued and under paragraph (1)— ‘‘(k) SAFETY EXEMPTION.— regulations promulgated under this subtitle ‘‘(A) shall— ‘‘(1) MASTER DISCRETION.—The master of a in abating invasions of aquatic nuisance spe- ‘‘(i) not be promulgated sooner than 180 vessel is not required to conduct a ballast cies in the waters that are the subject of the days following the issuance of the report to water exchange if the master decides that survey. Congress submitted pursuant to subsection the exchange would threaten the safety or ‘‘(2) BALLAST WATER DISCHARGE SURVEYS.— (d); stability of the vessel, its crew, or its pas- ‘‘(A) IN GENERAL.—The Secretary, in co- ‘‘(ii) make mandatory the requirements in- sengers because of adverse weather, vessel operation with the Task Force, shall conduct cluded in the voluntary guidelines issued architectural design, equipment failure, or surveys of ballast water discharge rates and under subsection (c); and any other extraordinary conditions. practices in the waters referred to in para- ‘‘(iii) provide for the enforcement of the ‘‘(2) OTHER REQUIREMENTS.— graph (1)(A) on the basis of the criteria under regulations; and ‘‘(A) IN GENERAL.—Except as provided in clauses (i) and (ii) of such paragraph. ‘‘(B) may be regional in scope. subparagraph (B), a vessel that does not ex- ‘‘(B) REQUIREMENTS FOR SURVEYS.—In con- ‘‘(3) INTERNATIONAL REGULATIONS.—The change ballast water on the high seas under ducting the surveys under this paragraph, Secretary shall revise regulations promul- paragraph (1) shall not be restricted from the Secretary shall— gated under this subsection to the extent re- discharging ballast water in any harbor. ‘‘(i) examine the rate of, and trends in, bal- quired to make such regulations consistent ‘‘(B) GREAT LAKES.—Subparagraph (A) last water discharge in the waters that are with the treatment of a particular matter in shall not apply in a case in which a vessel is the subject of the survey; and any international agreement, agreed to by subject to the regulations issued by the Sec- ‘‘(ii) assess the effectiveness of voluntary the United States, governing management of retary under subsection (b). guidelines issued, and regulations promul- the transfer of nonindigenous aquatic species ‘‘(l) NON-DISCRIMINATION.—The Secretary gated, under this subtitle in altering ballast by vessel. shall ensure that vessels registered outside water discharge practices to reduce the prob- ‘‘(g) SANCTIONS.— of the United States do not receive more fa- ability of accidental introductions of aquatic ‘‘(1) CIVIL PENALTIES.—Any person who vio- vorable treatment than vessels registered in nuisance species. lates a regulation promulgated under sub- the United States when the Secretary per- ‘‘(3) COLUMBIA RIVER.—The Secretary, in section (b) or (f) shall be liable for a civil forms studies, reviews compliance, deter- cooperation with the Task Force and aca- penalty in an amount not to exceed $25,000. mines effectiveness, establishes require- demic institutions in each of the States af- Each day of a continuing violation con- ments, or performs any other responsibilities fected, shall conduct an ecological and bal- stitutes a separate violation. A vessel oper- under this Act.’’. last water discharge survey of the Columbia ated in violation of the regulations is liable (3) CRUDE OIL TANKER BALLAST FACILITY River system consistent with the require- in rem for any civil penalty assessed under STUDY.—(A) Within 60 days of the date of en- ments of paragraphs (1) and (2).’’; and this subsection for that violation. actment of this Act, the Secretary of the de- (4) by adding at the end the following new partment in which the Coast Guard is oper- ‘‘(2) CRIMINAL PENALTIES.—Any person who subsections: ‘‘(e) REGIONAL RESEARCH GRANTS.—Out of knowingly violates the regulations promul- ating, in consultation with the Under Sec- amounts appropriated to carry out this sub- gated under subsection (b) or (f) is guilty of retary of Commerce for Oceans and Atmos- section for a fiscal year, the Under Secretary a class C felony. phere, affected shoreside ballast water facil- ity operators, affected crude oil tanker oper- may— ‘‘(3) REVOCATION OF CLEARANCE.—Upon re- ‘‘(1) make available not to exceed $750,000 quest of the Secretary, the Secretary of the ators, and interested parties, shall initiate a to fund research on aquatic nuisance species Treasury shall withhold or revoke the clear- study of the effectiveness of existing shore- prevention and control in the Chesapeake ance of a vessel required by section 4197 of side ballast water facilities used by crude oil Bay through grants, to be competitively the Revised Statutes (46 U.S.C. App. 91), if tankers in the coastwise trade off Alaska in awarded and subject to peer review, to uni- the owner or operator of that vessel is in vio- preventing the introduction of nonindige- versities and research institutions; lation of the regulations issued under sub- nous aquatic species into the waters off Alas- ‘‘(2) make available not to exceed $500,000 section (b) or (f). ka, as well as the cost and feasibility of modifying such facilities to improve such ef- to fund research on aquatic nuisance species ‘‘(4) EXCEPTION TO SANCTIONS.—This sub- prevention and control in the Gulf of Mexico section does not apply to a failure to ex- fectiveness. (B) The study required under subparagraph through grants, to be competitively awarded change ballast water if— (A) shall be submitted to the Congress by no and subject to peer review, to universities ‘‘(A) the master of a vessel, acting in good later than October 1, 1997. and research institutions; faith, decides that the exchange of ballast (c) NATIONAL BALLAST WATER MANAGEMENT ‘‘(3) make available not to exceed $500,000 water will threaten the safety or stability of INFORMATION.—Section 1102 (16 U.S.C. 4712) is to fund research on aquatic nuisance species the vessel, its crew, or its passengers; and amended— prevention and control for the Pacific Coast ‘‘(B) the recordkeeping and reporting re- (1) by striking the section heading and in- through grants, to be competitively awarded quirements of the Act are complied with. serting the following: and subject to peer review, to universities ‘‘(h) COORDINATION WITH OTHER AGEN- ‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGE- and research institutions; CIES.—In carrying out the programs under MENT INFORMATION.’’; this section, the Secretary is encouraged to ‘‘(4) make available not to exceed $500,000 use, to the maximum extent practicable, the (2) in subsection (a)— to fund research on aquatic nuisance species expertise, facilities, members, or personnel (A) in paragraphs (1) and (2), by inserting prevention and control for the Atlantic of established agencies and organizations ‘‘, in cooperation with the Secretary,’’ before Coast through grants, to be competitively that have routine contact with vessels, in- ‘‘shall conduct’’ each place it appears; awarded and subject to peer review, to uni- cluding the Animal and Plant Health Inspec- (B) in paragraph (2), by inserting ‘‘Lake versities and research institutions; and tion Service of the Department of Agri- Champlain and other’’ after ‘‘economic uses ‘‘(5) make available not to exceed $750,000 culture, the National Cargo Bureau, port ad- of’’; to fund research on aquatic nuisance species ministrations, and ship pilots’ associations. (3) by striking subsection (b) and inserting prevention and control in the San Francisco ‘‘(i) CONSULTATION WITH CANADA, MEXICO, the following: Bay-Delta Estuary through grants, to be AND OTHER FOREIGN GOVERNMENTS.—In de- ‘‘(b) ECOLOGICAL AND BALLAST WATER DIS- competitively awarded and subject to peer veloping the guidelines issued and regula- CHARGE SURVEYS.— review, to universities and research institu- tions promulgated under this section, the ‘‘(1) ECOLOGICAL SURVEYS.— tions. Secretary is encouraged to consult with the ‘‘(A) IN GENERAL.—The Task Force, in co- ‘‘(f) NATIONAL BALLAST INFORMATION Government of Canada, the Government of operation with the Secretary, shall conduct CLEARINGHOUSE.— Mexico, and any other government of a for- ecological surveys of the Chesapeake Bay, ‘‘(1) IN GENERAL.—The Secretary shall de- eign country that the Secretary, in consulta- San Francisco Bay, and Honolulu Harbor velop and maintain, in consultation and co- tion with the Task Force, determines to be and, as necessary, of other estuaries of na- operation with the Task Force and the necessary to develop and implement an effec- tional significance and other waters that the Smithsonian Institution (acting through the tive international program for preventing Task Force determines— Smithsonian Environmental Research Cen- the unintentional introduction and spread of ‘‘(i) to be highly susceptible to invasion by ter), a clearinghouse of national data con- nonindigenous species. aquatic nuisance species resulting from bal- cerning— ‘‘(j) INTERNATIONAL COOPERATION.—The last water operations and other operations of ‘‘(A) ballasting practices; Secretary, in cooperation with the Inter- vessels; and ‘‘(B) compliance with the guidelines issued national Maritime Organization of the Unit- ‘‘(ii) to require further study. pursuant to section 1101(c); and ed Nations and the Commission on Environ- ‘‘(B) REQUIREMENTS FOR SURVEYS.—In con- ‘‘(C) any other information obtained by the mental Cooperation established pursuant to ducting the surveys under this paragraph, Task Force under subsection (b). H12150 CONGRESSIONAL RECORD — HOUSE September 28, 1996

‘‘(2) REPORT.—In consultation and coopera- nologies and practices applicable to a signifi- (A) in subsection (f)(1)(A), by inserting tion with the Task Force and the Smithso- cant number of merchant vessels; and ‘‘and impacts’’ after ‘‘economic risks’’; and nian Institution (acting through the Smith- ‘‘(iii) are— (B) in subsection (i)— sonian Environmental Research Center), the ‘‘(I) publicly or privately owned; and (i) in paragraph (1)— Secretary shall prepare and submit to the ‘‘(II) in active use for trade or other cargo (I) by striking ‘‘(1) IN GENERAL.—The Task Task Force and the Congress, on a biannual shipment purposes during the demonstra- Force’’ and inserting the following: basis, a report that synthesizes and analyzes tion; ‘‘(1) ZEBRA MUSSEL.— the data referred to in paragraph (1) relating ‘‘(B) select vessels for participation in the ‘‘(A) IN GENERAL.—The Task Force’’; to— program by giving priority consideration— (II) by striking ‘‘(A) research’’ and insert- ‘‘(A) ballast water delivery and manage- ‘‘(i) first, to vessels documented under ing the following: ment; and chapter 121 of title 46, United States Code; ‘‘(i) research’’; ‘‘(B) invasions of aquatic nuisance species ‘‘(ii) second, to vessels that are a majority (III) by striking ‘‘(B) tracking’’ and insert- resulting from ballast water.’’. owned by citizens of the United States, as ing the following: (d) ARMED SERVICES BALLAST WATER PRO- determined by the Secretary; and ‘‘(ii) tracking’’; GRAM; BALLAST WATER MANAGEMENT DEM- ‘‘(iii) third, to any other vessels that regu- (IV) by striking ‘‘(C) development’’ and in- ONSTRATION PROGRAM.—Subtitle B (16 U.S.C. larly call on ports in the United States; and serting the following: 4701 et seq.) is amended by adding at the end ‘‘(C) seek to use a variety of vessel types, ‘‘(iii) development’’; and the following new sections: including vessels that— (V) by striking ‘‘(D) provision’’ and insert- ‘‘(i) call on ports in the United States and ‘‘SEC. 1103. ARMED SERVICES BALLAST WATER ing the following: on the Great Lakes; and PROGRAMS. ‘‘(iv) provision’’; ‘‘(ii) are operated along major coasts of the ‘‘(a) DEPARTMENT OF DEFENSE VESSELS.— (ii) in paragraph (2), by striking ‘‘(2) PUB- United States and inland waterways, includ- Subject to operational conditions, the Sec- LIC FACILITY RESEARCH AND DEVELOPMENT.—’’ ing the San Francisco Bay and Chesapeake retary of Defense, in consultation with the and inserting the following: Bay. Secretary, the Task Force, and the Inter- ‘‘(B) PUBLIC FACILITY RESEARCH AND DEVEL- ‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC- national Maritime Organization, shall imple- OPMENT.—’’; TICES.—In selecting technologies and prac- ment a ballast water management program tices for demonstration under this sub- (iii) in subparagraph (B) of paragraph (1), for seagoing vessels of the Department of De- section, the Secretary of the Interior and the as so redesignated, by striking the first sen- fense to minimize the risk of introduction of Secretary of Commerce shall give priority tence and inserting the following: ‘‘The As- nonindigenous species from releases of bal- consideration to technologies and practices sistant Secretary, in consultation with the last water. identified as promising by the National Re- Task Force, shall develop a program of re- ‘‘(b) COAST GUARD VESSELS.—Subject to search Council Marine Board of the National search, technology development, and dem- operational conditions, the Secretary, in Academy of Sciences in its report on ships’ onstration for the environmentally sound consultation with the Task Force and the ballast water operations issued in July 1996. control of zebra mussels in and around public International Maritime Organization, shall ‘‘(5) REPORT.—Not later than 3 years after facilities.’’; implement a ballast water management pro- the date of enactment of the National (iv) in paragraph (1), by adding after sub- gram for seagoing vessels of the Coast Guard Invasive Species Act of 1996, the Secretary of paragraph (B), as so redesignated, the follow- to minimize the risk of introduction of non- the Interior and the Secretary of Commerce ing new subparagraph: indigenous species from releases of ballast shall prepare and submit a report to the Con- ‘‘(C) VOLUNTARY GUIDELINES.—Not later water. gress on the demonstration program con- than 1 year after the date of enactment of ‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEM- ducted pursuant to this section. The report this subparagraph, the Task Force shall de- ONSTRATION PROGRAM. shall include findings and recommendations velop and submit to the Secretary voluntary ‘‘(a) TECHNOLOGIES AND PRACTICES DE- of the Secretary of the Interior and the Sec- guidelines for controlling the spread of the FINED.—For purposes of this section, the retary of Commerce concerning technologies zebra mussel and, if appropriate, other term ‘technologies and practices’ means and practices. aquatic nuisance species through rec- those technologies and practices that— ‘‘(c) AUTHORITIES; CONSULTATION AND CO- reational activities, including boating and ‘‘(1) may be retrofitted— OPERATION WITH INTERNATIONAL MARITIME fishing. Not later than 4 months after the ‘‘(A) on existing vessels or incorporated in ORGANIZATION AND TASK FORCE.— date of such submission, and after providing new vessel designs; and ‘‘(1) AUTHORITIES.—In conducting the dem- notice and an opportunity for public com- ‘‘(B) on existing land-based ballast water onstration program under subsection (b), the ment, the Secretary shall issue voluntary treatment facilities; Secretary of the Interior may— guidelines that are based on the guidelines ‘‘(2) may be designed into new water treat- ‘‘(A) enter into cooperative agreements developed by the Task Force under this sub- ment facilities; with appropriate officials of other agencies paragraph.’’; and ‘‘(3) are operationally practical; of the Federal Government, agencies of (v) by adding at the end the following new ‘‘(4) are safe for a vessel and crew; States and political subdivisions thereof, and paragraphs: ‘‘(5) are environmentally sound; private entities; ‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.— ‘‘(6) are cost-effective; ‘‘(B) accept funds, facilities, equipment, or ‘‘(A) RESEARCH.—The Administrator of the ‘‘(7) a vessel operator is capable of mon- personnel from other Federal agencies; and Environmental Protection Agency, in co- itoring; and ‘‘(C) accept donations of property and serv- operation with the National Science Founda- ‘‘(8) are effective against a broad range of ices. tion and the Task Force, shall provide re- aquatic nuisance species. ‘‘(2) CONSULTATION AND COOPERATION.—The search grants on a competitive basis for ‘‘(b) DEMONSTRATION PROGRAM.— Secretary of the Interior shall consult and projects that— ‘‘(1) IN GENERAL.—During the 18-month pe- cooperate with the International Maritime ‘‘(i) identify environmentally sound meth- riod beginning on the date that funds are Organization and the Task Force in carrying ods for controlling the dispersal of aquatic made available by appropriations pursuant out this section.’’. nuisance species, such as the zebra mussel; to section 1301(e), the Secretary of the Inte- (e) AMENDMENTS TO SUBTITLE C.— and rior and the Secretary of Commerce, with (1) SUBTITLE HEADING.—The heading to sub- ‘‘(ii) adhere to research protocols devel- the concurrence of and in cooperation with title C (16 U.S.C. 4721 et seq.) is amended to oped pursuant to subsection (f)(2). the Secretary, shall conduct a ballast water read as follows: ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— management demonstration program to ‘‘Subtitle C—Prevention and Control of There are authorized to be appropriated to demonstrate technologies and practices to Aquatic Nuisance Species Dispersal’’. the Environmental Protection Agency to prevent aquatic nonindigenous species from (2) TASK FORCE.—Section 1201 (16 U.S.C. carry out this paragraph, $500,000. being introduced into and spread through 4721) is amended— ‘‘(3) DISPERSAL BARRIER DEMONSTRATION.— ballast water in the Great Lakes and other (A) in subsection (b)— ‘‘(A) IN GENERAL.—The Assistant Sec- waters of the United States. (i) by striking ‘‘and’’ at the end of para- retary, in consultation with the Task Force, ‘‘(2) LOCATION.—The installation and con- graph (5); shall investigate and identify environ- struction of the technologies and practices (ii) by redesignating paragraph (6) as para- mentally sound methods for preventing and used in the demonstration program con- graph (7); and reducing the dispersal of aquatic nuisance ducted under this subsection shall be per- (iii) by inserting after paragraph (5) the species between the Great Lakes-Saint Law- formed in the United States. following new paragraph: rence drainage and the Mississippi River ‘‘(3) VESSEL SELECTION.—In demonstrating ‘‘(6) the Secretary of Agriculture; and’’; drainage through the Chicago River Ship and technologies and practices on vessels under and Sanitary Canal, including any of those meth- this subsection, the Secretary of the Interior (B) in subsection (c), by inserting ‘‘the ods that could be incorporated into the oper- and the Secretary of Commerce, shall— Chesapeake Bay Program, the San Francisco ation or construction of the lock system of ‘‘(A) use only vessels that— Bay-Delta Estuary Program,’’ before ‘‘and the Chicago River Ship and Sanitary Canal. ‘‘(i) are approved by the Secretary; State agencies’’. ‘‘(B) REPORT.—Not later than 18 months ‘‘(ii) have ballast water systems conducive (3) RESEARCH PROGRAM.—Section 1202 (16 after the date of enactment of this para- to testing aboard-vessel or land-based tech- U.S.C. 4722) is amended— graph, the Assistant Secretary shall issue a September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12151 report to the Congress that includes rec- Task Force shall request a Western regional (IV) in subparagraph (D), as so redesig- ommendations concerning— panel, comprised of Western region rep- nated, by inserting ‘‘, and enabling legisla- ‘‘(i) which of the methods that are identi- resentatives from Federal, State, and local tion’’ before the period; fied under the study conducted under this agencies and from private environmental (iv) in paragraph (3)— paragraph are most promising with respect and commercial interests, to— (I) in subparagraph (A)— to preventing and reducing the dispersal of ‘‘(1) identify priorities for the Western re- (aa) by inserting ‘‘or interstate organiza- aquatic nuisance species; and gion with respect to aquatic nuisance spe- tion’’ after ‘‘the State’’; and ‘‘(ii) ways to incorporate those methods cies; (bb) by inserting ‘‘Indian tribes,’’ after into ongoing operations of the United States ‘‘(2) make recommendations to the Task ‘‘local governments and regional entities,’’; Army Corps of Engineers that are conducted Force regarding an education, monitoring and at the Chicago River Ship and Sanitary (including inspection), prevention, and con- (II) in subparagraph (B), by inserting ‘‘or Canal. trol program to prevent the spread of the the appropriate official of an interstate orga- ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— zebra mussel west of the 100th Meridian pur- nization’’ after ‘‘a State’’; and There are authorized to be appropriated to suant to section 1202(i) of this Act; (v) in paragraph (4), by inserting ‘‘or the the Department of the Army, to carry out ‘‘(3) coordinate, where possible, other interstate organization’’ after ‘‘the Gov- this paragraph, $750,000. aquatic nuisance species program activities ernor’’; ‘‘(4) CONTRIBUTIONS.—To the extent allow- in the Western region that are not conducted (B) in subsection (b)(1)— able by law, in carrying out the studies pursuant to this Act; (i) by striking ‘‘or the Assistant Secretary, under paragraphs (2) and (3), the Adminis- ‘‘(4) develop an emergency response strat- as appropriate under subsection (a),’’; and trator of the Environmental Protection egy for Federal, State, and local entities for (ii) by striking ‘‘approved management Agency and the Secretary of the Army may stemming new invasions of aquatic nuisance plans’’ and inserting ‘‘management plans ap- enter into an agreement with an interested species in the region; proved under subsection (a)’’; and party under which that party provides in ‘‘(5) provide advice to public and private (C) by adding at the end the following new kind or monetary contributions for the individuals and entities concerning methods subsection: study. of preventing and controlling aquatic nui- ‘‘(c) ENFORCEMENT ASSISTANCE.—Upon re- ‘‘(5) TECHNICAL ASSISTANCE.—The Great sance species infestations; and quest of a State or Indian tribe, the Director Lakes Environmental Research Laboratory ‘‘(6) submit annually a report to the Task or the Under Secretary, to the extent allow- of the National Oceanic and Atmospheric Ad- Force describing activities within the West- ministration shall provide technical assist- ern region related to aquatic nuisance spe- able by law and in a manner consistent with ance to appropriate entities to assist in the cies prevention, research, and control. section 141 of title 14, United States Code, may provide assistance to a State or Indian research conducted pursuant to this sub- ‘‘(c) ADDITIONAL REGIONAL PANELS.—The section.’’. Task Force shall— tribe in enforcing an approved State or inter- (4) IMPLEMENTATION.—Section 1202(j)(1) (16 ‘‘(1) encourage the development and use of state invasive species management plan.’’. U.S.C. 4722(j)(1)) is amended by striking ‘‘Not regional panels and other similar entities in (f) AUTHORIZATIONS OF APPROPRIATIONS.— later than 18 months after the date of the en- regions in addition to the Great Lakes and Section 1301 (16 U.S.C. 4741) is amended— actment of this Act, the Director’’ and in- Western regions (including providing finan- (1) in subsection (a)— serting ‘‘The Director, the Secretary,’’. cial assistance for the development and use (A) by striking ‘‘and’’ at the end of para- (5) REGIONAL COORDINATION.—Section 1203 of such entities) to carry out, with respect to graph (2); (16 U.S.C. 4723) is amended— those regions, activities that are similar to (B) by striking paragraph (3) and inserting (A) by striking the section heading and in- the activities described in subsections (a) the following; serting the following: and (b); and ‘‘(3) to the Secretary to carry out section ‘‘SEC. 1203. REGIONAL COORDINATION.’’; ‘‘(2) cooperate with regional panels and 1101— (B) in subsection (a)— similar entities that carry out the activities ‘‘(A) $2,000,000 for each of fiscal years 1997 (i) by striking ‘‘(a) IN GENERAL.—Not’’ and described in paragraph (1).’’. and 1998; and inserting the following: (6) STATE OR INTERSTATE WATERSHED ‘‘(B) $3,000,000 for each of fiscal years 1999 ‘‘(a) GREAT LAKES PANEL.— AQUATIC NUISANCE SPECIES MANAGEMENT through 2002;’’; and ‘‘(1) IN GENERAL.—Not’’; PLAN.—Section 1204 (16 U.S.C. 4724) is amend- (C) by adding at the end the following new (ii) by striking ‘‘(1) identify’’ and inserting ed— paragraphs: the following: (A) in subsection (a)— ‘‘(4) for each of fiscal years 1997 through ‘‘(A) identify’’; (i) by striking the subsection designation 2002, to carry out paragraphs (1) and (2) of (iii) by striking ‘‘(2) make’’ and inserting and heading and inserting the following: section 1102(b)— the following: ‘‘(a) STATE OR INTERSTATE INVASIVE SPE- ‘‘(A) $1,000,000 to the Department of the In- ‘‘(B) make’’; CIES MANAGEMENT PLANS.—’’; terior, to be used by the Director; and (iv) by striking ‘‘(3) assist’’ and inserting (ii) in paragraph (1)— ‘‘(B) $1,000,000 to the Secretary; and the following: (I) by striking the matter preceding sub- ‘‘(5) for each of fiscal years 1997 through ‘‘(C) assist’’; paragraph (A) and inserting the following: 2002— (v) by striking ‘‘(4) coordinate’’ and insert- ‘‘(1) IN GENERAL.—After providing notice ‘‘(A) $3,000,000, which shall be made avail- ing the following: and opportunity for public comment, the able from funds otherwise authorized to be ‘‘(D) coordinate’’; Governor of each State may prepare and sub- appropriated if such funds are so authorized, (vi) by striking ‘‘(5) provide’’ and inserting mit, or the Governors of the States and the to the Under Secretary to carry out section the following: governments of the Indian tribes involved in 1102(e); and ‘‘(E) provide’’; an interstate organization, may jointly pre- ‘‘(B) $500,000 to the Secretary to carry out (vii) by striking ‘‘(6) submit’’ and inserting pare and submit—’’; section 1102(f).’’; the following: (II) in subparagraph (A), by striking ‘‘tech- (2) in subsection (b)— ‘‘(F) submit’’; nical and financial assistance’’ and inserting (A) in the matter preceding paragraph (1), (viii) in paragraph (1), as so redesignated— ‘‘technical, enforcement, or financial assist- by striking ‘‘1991, 1992, 1993, 1994, and 1995’’ (I) in the matter preceding subparagraph ance (or any combination thereof)’’; and and inserting ‘‘1997 through 2002’’; and (A), by inserting ‘‘region’’ before ‘‘represent- (III) in subparagraphs (A) and (B), by in- (B) by striking paragraphs (1) through (7) atives’’; and serting ‘‘or within the interstate region in- and inserting the following: (II) in subparagraphs (A) through (F), by volved’’ after ‘‘within the State’’ each place ‘‘(1) $6,000,000 to the Department of the In- striking ‘‘Great Lakes’’ each place it appears it appears; terior, to be used by the Director to carry and inserting ‘‘Great Lakes region’’; (iii) in paragraph (2)— out sections 1202 and 1209; (C) by striking ‘‘(b) CONSULTATION.—The (I) in subparagraph (B), by striking ‘‘and’’ ‘‘(2) $1,000,000 to the Department of Com- Task Force’’ and inserting the following: at the end of the subparagraph; merce, to be used by the Under Secretary to ‘‘(2) CONSULTATION.—The Task Force’’; (II) by redesignating subparagraph (C) as carry out section 1202; (D) by striking ‘‘(c) CANADIAN PARTICIPA- subparagraph (D); ‘‘(3) $1,625,000, which shall be made avail- TION.—The panel’’ and inserting the follow- (III) by inserting after subparagraph (B) able from funds otherwise authorized to be ing: the following: appropriated if such funds are so authorized, ‘‘(3) CANADIAN PARTICIPATION.—The panel’’; ‘‘(C) identify any authority that the State to fund aquatic nuisance species prevention (E) in paragraphs (2) and (3) of subsection (or any State or Indian tribe involved in the and control research under section 1202(i) at (a), as so redesignated, by striking ‘‘this sec- interstate organization) does not have at the the Great Lakes Environmental Research tion’’ and inserting ‘‘this subsection’’; and time of the development of the plan that Laboratory of the National Oceanic and At- (F) by adding at the end the following new may be necessary for the State (or any State mospheric Administration, of which $500,000 subsections: or Indian tribe involved in the interstate or- shall be made available for grants, to be ‘‘(b) WESTERN REGIONAL PANEL.—Not later ganization) to protect public health, prop- competitively awarded and subject to peer than 30 days after the date of enactment of erty, and the environment from harm by review, for research relating to Lake Cham- the National Invasive Species Act of 1996, the aquatic nuisance species; and’’; and plain; H12152 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘(4) $5,000,000 for competitive grants for (1) for developing and implementing a com- Sec. 19. Tariff treatment for certain motor vehi- university research on aquatic nuisance spe- prehensive program for eradicating or mini- cles. cies under section 1202(f)(3) as follows: mizing populations of sea lamprey in the Sec. 20. Technical amendments relating to Pub- ‘‘(A) $2,800,000, which shall be made avail- Great Lakes watershed; and lic Law 103–465. able from funds otherwise authorized to be (2) carrying out the duties of the Commis- Sec. 21. Technical amendments relating to Pub- appropriated if such funds are so authorized, sion specified in the Convention (including lic Law 103–182. to fund grants under section 205 of the Na- any amendment thereto) and the Great Sec. 22. Technical amendment regarding judi- tional Sea Grant College Program Act (33 Lakes Fishery Act of 1956 (16 U.S.C. 931 et cial review. U.S.C. 1124); seq.). Sec. 23. Reliquidation of entries of warp knit- ‘‘(B) $1,200,000 to fund grants to colleges for The bill was ordered to be engrossed ting machines. the benefit of agriculture and the mechanic and read a third time, was read the Sec. 24. Temporary suspension of duty on arts referred to in the first section of the Act third time, and passed, and a motion to diclofop-methyl. of August 30, 1890 (26 Stat. 417, chapter 841; 7 reconsider was laid on the table. Sec. 25. Elimination of duty on 2-amino-3- U.S.C. 322); and chlorobenzoic acid, methyl ester. ‘‘(C) $1,000,000 to fund grants through the f Sec. 26. Elimination of duty on 3,3′- Cooperative Fisheries and Wildlife Research diaminobenzidine (tetraamino Unit Program of the United States Fish and AUTHORIZING THE CLERK TO biphenyl). Wildlife Service; MAKE CORRECTIONS IN EN- Sec. 27. Certain unliquidated vessel repair en- ‘‘(5) $3,000,000 to the Department of the GROSSMENT OF H.R. 4283, NA- tries. Army, to be used by the Assistant Secretary TIONAL INVASIVE SPECIES ACT Sec. 28. Duty on display fireworks. to carry out section 1202(i)(1)(B); and OF 1996 Sec. 29. Personal allowance duty exemption for ‘‘(6) $300,000 to the Department of the Inte- merchandise purchased in a duty- rior, to be used by the Director to fund re- Mr. BOEHLERT. Mr. Speaker, I ask free sales enterprise. gional panels and similar entities under sec- unanimous consent that the Clerk be Sec. 30. Temporary duty suspension for certain tion 1203, of which $100,000 shall be used to authorized to make technical and con- motorcycles. fund activities of the Great Lakes Commis- forming changes to the bill, H.R. 4283. Sec. 31. Deferral of duty on certain production sion.’’; The SPEAKER pro tempore. Is there equipment. (3) by striking subsection (c) and inserting objection to the request of the gen- Sec. 32. Temporary suspension of duty on the following: tleman from New York? thidiazuron. ‘‘(c) GRANTS FOR STATE MANAGEMENT PRO- Sec. 33. 2,3,3-trimethyl-indolenine. GRAMS.—There are authorized to be appro- There was no objection. Sec. 34. Bis(4-amino-3-methylcyclohexyl)-meth- priated for each of fiscal years 1997 through f ane. 2002 $4,000,000 to the Department of the Inte- Sec. 35. Limitation on designation as bene- rior, to be used by the Director for making MISCELLANEOUS TRADE AND ficiary developing country. grants under section 1204, of which $1,500,000 TECHNICAL CORRECTIONS ACT Sec. 36. Temporary duty suspension on certain shall be used by the Director, in consultation OF 1996 chemicals used in the formulation with the Assistant Secretary, for manage- of an HIV protease inhibitor. ment of aquatic nuisance vegetation spe- Mr. CRANE. Mr. Speaker, I ask unan- Sec. 37. Treatment of certain entries of buffalo cies.’’; and imous consent to take from the Speak- leather. (4) by adding at the end the following new er’s table the bill (H.R. 3815) to make Sec. 38. Fees for certain customs services. subsections: technical corrections and miscellane- Sec. 39. Injury determinations for certain coun- ‘‘(e) BALLAST WATER MANAGEMENT DEM- ous amendments to trade laws, with a tervailing duty orders. ONSTRATION PROGRAM.—There are authorized Senate amendment thereto and concur Sec. 40. Treatment of difference between collec- to be appropriated $2,500,000 to carry out sec- in the Senate amendment. tions of estimated antidumping tion 1104. The Clerk read the title of the bill. duty and final assessed duty ‘‘(f) RESEARCH.—There are authorized to be under antidumping duty order. appropriated to the Director $1,000,000 to The Clerk read the Senate amend- Sec. 41. Certain lead fuel test assemblies. carry out research on the prevention, mon- ment, as follows: Sec. 42. Suspension of duty on certain injection itoring, and control of aquatic nuisance spe- Senate Amendment: molding machines. cies in Narragansett Bay, Rhode Island. The Strike out all after the enacting clause and Sec. 43. Reliquidation of certain entries of color funds shall be made available for use by the insert: televisions. Department of Environmental Management SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 44. Articles used to provide repair and of the State of Rhode Island. (a) SHORT TITLE.—This Act may be cited as maintenance services. (g) REFERENCES TO APPROPRIATE COMMIT- the ‘‘Miscellaneous Trade and Technical Cor- Sec. 45. Yttrium oxide and cerium aluminum TEES.—The Act (16 U.S.C. 4701 et seq.) is rections Act of 1996’’. terbium used as luminophores. amended by striking ‘‘appropriate Commit- (b) TABLE OF CONTENTS.— Sec. 46. Pharmaceutical grade phospholipids. tees’’ each place it appears and inserting Sec. 1. Short title; table of contents. Sec. 47. Certain structures, parts and compo- ‘‘Congress’’. Sec. 2. Payment of duties and fees. nents used in the Gemini Tele- (h) TECHNICAL CORRECTIONS.—Public Law Sec. 3. Other technical and conforming amend- scopes Project, Mauna Kea, Ha- 101-646 (16 U.S.C. 4701 et seq.) is amended— ments. waii. (1) in titles I, II, and IV, by striking the Sec. 4. Clarification regarding the application Sec. 48. Articles provided to Steward Observ- quotation marks at the beginning of any of customs user fees. atory. title, subtitle, section, subsection, para- Sec. 5. Technical amendment to the Customs Sec. 49. Reliquidation of certain frozen con- graph, subparagraph, clause, subclause, or and Trade Act of 1990. centrated orange juice entries. undesignated provision; Sec. 6. Clarification of fees for certain customs Sec. 50. Twine, cordage, ropes, and cables. (2) at the end of titles II and IV, by strik- services. Sec. 51. Suspension of duty on certain fatty ing the closing quotation marks and the Sec. 7. Special rule for extending time for filing acid esters. final period; and drawback claims. Sec. 52. Duty suspension on a mobile bison (3) in section 1003— Sec. 8. Treatment of entries of certain tele- slaughter unit. (A) by striking each single opening visions. Sec. 53. Exemption from tariffs and fees for cer- quotation mark and inserting double opening Sec. 9. Temporary duty suspension for personal tain aircraft parts and equipment. quotation marks; and effects of participants in certain Sec. 54. Reliquidation of certain entries of live (B) by striking each single closing world athletic events. swine. quotation mark and inserting double closing Sec. 10. Miscellaneous technical correction. Sec. 55. Reliquidation of certain entries of sew- quotations marks. Sec. 11. Uruguay Round Agreements Act. ing machines. SEC. 3. STATUTORY CONSTRUCTION. Sec. 12. Imports of civil aircraft. Sec. 56. Temporary duty suspension on certain Nothing in this Act or the amendments Sec. 13. Technical correction to certain chemi- textured rolled glass sheets. made by this Act is intended to affect the cal description. Sec. 57. Temporary suspension of duty on authorities and responsibilities of the Great Sec. 14. Marking of certain imported articles DEMT. Lakes Fishery Commission established under and containers. Sec. 58. Investigation on cattle and beef trade. article II of the Convention on Great Lakes Sec. 15. Tariff treatment of certain silver, gold, Sec. 59. Special rule for Generalized System of Fisheries between the United States of and platinum bars. Preferences. America and Canada, signed at Washington Sec. 16. Suspension of duty on certain SEC. 2. PAYMENT OF DUTIES AND FEES. on September 10, 1954 (hereafter in this sec- semimanufactured forms of gold. (a) INTEREST ACCRUAL.—Section 505(c) of the tion referred to as the ‘‘Convention’’), in- Sec. 17. Elimination of East-West Trade Statis- Tariff Act of 1930 (19 U.S.C. 1505(c)) is amended cluding the authorities and responsibilities tics Monitoring System. in the second sentence by inserting after ‘‘du- of the Great Lakes Fishery Commission— Sec. 18. Retroactive election to reconcile entries. ties, fees, and interest’’ the following: ‘‘or, in a September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12153

case in which a claim is made under section (B) in paragraph (3)— (c) CITATION.—Section 13031(b)(9)(B)(ii) of the 520(d), from the date on which such claim is (i) by striking ‘‘and taxes’’ and inserting Consolidated Omnibus Budget Reconciliation made,’’. ‘‘taxes, and interest’’; and Act of 1985 (19 U.S.C. 58c(b)(9)(B)(ii)) is amend- (b) EFFECTIVE DATE.—The amendment made (ii) by striking ‘‘or taxes’’ and inserting ed by striking ‘‘section 236 of the Tariff and by subsection (a) shall apply to claims made ‘‘taxes, or interest’’. Trade Act of 1984’’ and inserting ‘‘section 236 of pursuant to section 520(d) of the Tariff Act of (b) EFFECTIVE DATE.—The amendments made the Trade and Tariff Act of 1984’’. 1930 (19 U.S.C. 1520(d)) on or after June 7, 1996. by this section shall apply as of December 8, SEC. 7. SPECIAL RULE FOR EXTENDING TIME FOR SEC. 3. OTHER TECHNICAL AND CONFORMING 1993. FILING DRAWBACK CLAIMS. AMENDMENTS. SEC. 4. CLARIFICATION REGARDING THE APPLI- Section 313(r) of the Tariff Act of 1930 (19 (a) IN GENERAL.— CATION OF CUSTOMS USER FEES. (1) EXAMINATION OF BOOKS AND WITNESSES.— U.S.C. 1313(r)) is amended by adding at the end (a) IN GENERAL.—Subparagraph (D) of section the following: Section 509(a)(2) of the Tariff Act of 1930 (19 13031(b)(8) of the Consolidated Omnibus Budget U.S.C. 1509(a)(2)) is amended by striking Reconciliation Act of 1985 (19 U.S.C. ‘‘(3)(A) The Customs Service may, notwith- ‘‘(c)(1)(A)’’ and inserting ‘‘(d)(1)(A)’’. 58c(b)(8)(D)) is amended— standing the limitation set forth in paragraph (2) REQUIREMENT FOR CERTIFICATE FOR IM- (1) in clause (iv)— (1), extend the time for filing a drawback claim PORTATION OF ALCOHOLIC LIQUORS ABOARD (A) by striking ‘‘subparagraph 9802.00.80 of for a period not to exceed 18 months, if— SMALL VESSELS.—Section 7 of the Act of August such Schedules’’ and inserting ‘‘heading ‘‘(i) the claimant establishes to the satisfac- 5, 1935 (19 U.S.C. 1707; 49 Stat. 520), is repealed. 9802.00.80 of such Schedule’’; and tion of the Customs Service that the claimant (3) MANIFESTS.—Section 431(c)(1) of the Tariff (B) by striking ‘‘and’’ at the end of clause was unable to file the drawback claim because Act of 1930 (19 U.S.C. 1431(c)(1)) is amended in (iv); of an event declared by the President to be a the matter preceding subparagraph (A) by strik- (2) by striking the period at the end of clause major disaster on or after January 1, 1994; and ing ‘‘such manifest’’ and inserting ‘‘a vessel (v) and inserting ‘‘; and’’; and ‘‘(ii) the claimant files a request for such ex- manifest’’. (3) by inserting after clause (v) the following tension with the Customs Service— (4) PENALTIES FOR CERTAIN VIOLATIONS.—Sec- new clause: tion 592 of the Tariff Act of 1930 (19 U.S.C. 1592) ‘‘(I) within 1 year from the last day of the 3- ‘‘(vi) in the case of merchandise entered from is amended— year period referred to in paragraph (1), or (A) in subsection (a)(1), by striking ‘‘lawful a foreign trade zone (other than merchandise to ‘‘(II) within 1 year after the date of the enact- duty’’ and inserting ‘‘lawful duty, tax, or fee’’; which clause (v) applies), be applied only to the ment of this paragraph, value of the privileged or nonprivileged foreign and whichever is later. (B) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii), status merchandise under section 3 of the Act of ‘‘(B) If an extension is granted with respect to (c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by strik- June 18, 1934 (commonly known as the Foreign a request filed under this paragraph, the periods ing ‘‘lawful duties’’ each place it appears and Trade Zones Act, 19 U.S.C. 81c).’’. of time for retaining records set forth in sub- inserting ‘‘lawful duties, taxes, and fees’’. (b) EFFECTIVE DATE.—The amendments made section (t) of this section and section 508(c)(3) (5) DEPRIVATION OF LAWFUL DUTIES, TAXES, by subsection (a) apply to— shall be extended for an additional 18 months OR FEES.—Section 592(d) of the Tariff Act of (1) any entry made from a foreign trade zone 1930 (19 U.S.C. 1592(d)) is amended by striking on or after the 15th day after the date of the en- or, in a case to which subparagraph (A)(ii) ap- ‘‘or fees be restored’’ and inserting ‘‘and fees be actment of this Act; and plies, for a period not to exceed 1 year from the restored’’. (2) any entry made from a foreign trade zone date the claim is filed. (6) RECONCILIATION TREATED AS ENTRY FOR after November 30, 1986, and before such 15th ‘‘(C) For purposes of this paragraph, the term RECORDKEEPING.— day if liquidation of the entry was not final be- ‘major disaster’ has the meaning given that term (A) Section 401(s) of the Tariff Act of 1930 (19 fore such 15th day. in section 102(2) of the Robert T. Stafford Disas- U.S.C. 1401(s)) is amended by inserting ‘‘record- (c) APPLICATION OF FEES TO CERTAIN AGRI- ter Relief and Emergency Assistance Act (42 keeping,’’ after ‘‘reliquidation,’’. CULTURAL PRODUCTS.—The amendment made by U.S.C. 5122(2)).’’. (B) Section 508(c)(1) of such Act (19 U.S.C. section 111(b)(2)(D)(iv) of the Customs and SEC. 8. TREATMENT OF ENTRIES OF CERTAIN 1508(c)(1)) is amended by inserting ‘‘, filing of a Trade Act of 1990 shall apply to— TELEVISIONS. reconciliation,’’ after ‘‘entry’’. (1) any entry made from a foreign trade zone (a) IN GENERAL.—Notwithstanding sections (7) EXTENSION OF LIQUIDATION.—Section on or after the 15th day after the date of the en- 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 504(d) of the Tariff Act of 1930 (19 U.S.C. actment of this Act; and 1514 and 1520), or any other provision of law, 1504(d)) is amended— (2) any entry made from a foreign trade zone the United States Customs Service shall, not (A) in the first sentence, by inserting ‘‘, unless after November 30, 1986, and before such 15th later than 90 days after the date of the enact- liquidation is extended under subsection (b),’’ day if the liquidation of the entry was not final ment of this Act, liquidate or reliquidate those after ‘‘shall liquidate the entry’’; and before such 15th day. entries made at New York, New York, which are (B) in the second sentence, by inserting SEC. 5. TECHNICAL AMENDMENT TO THE CUS- ‘‘(other than an entry with respect to which liq- listed in subsection (c), in accordance with the TOMS AND TRADE ACT OF 1990. final results of the administrative review, cover- uidation has been extended under subsection Subsection (b) of section 484H of the Customs (b))’’ after ‘‘Any entry’’. ing the period from May 1, 1984, through March and Trade Act of 1990 (19 U.S.C. 1553 note) is 31, 1985, conducted by the International Trade (8) EXEMPTION FROM DUTY FOR PERSONAL AND amended by striking ‘‘, or withdrawn from HOUSEHOLD GOODS ACCOMPANYING RETURNING Administration of the Department of Commerce warehouse for consumption,’’ and inserting ‘‘for for such entries (case number A–580–008). RESIDENTS.—Section 321(a)(2)(B) of the Tariff transportation in bond’’. Act of 1930 (19 U.S.C. 1321(a)(2)(B)) is amended (b) PAYMENT OF AMOUNTS OWED.—Any by inserting ‘‘, 9804.00.65,’’ after ‘‘9804.00.30’’. SEC. 6. CLARIFICATION OF FEES FOR CERTAIN amounts owed by the United States pursuant to CUSTOMS SERVICES. (9) DEBT COLLECTION.—Section 631(a) of the the liquidation or reliquidation of an entry Tariff Act of 1930 (19 U.S.C. 1631(a)) is amended (a) IN GENERAL.—Section 13031(b)(9)(A) of the under subsection (a) shall be paid by the Cus- by adding at the end the following new sub- Consolidated Omnibus Budget Reconciliation toms Service within 90 days after such liquida- section: Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is amended— tion or reliquidation. (1) by striking ‘‘centralized hub facility or’’ in ‘‘(c) PAYMENT OF COSTS.—The debtor shall be (c) ENTRY LIST.—The entries referred to in clause (i); and assessed and pay any and all costs associated subsection (a) are the following: with collection efforts pursuant to this section. (2) in clause (ii)— (A) by striking ‘‘facility—’’ and inserting ‘‘fa- Notwithstanding section 3302(b) of title 31, Unit- Entry Number Date of Entry ed States Code, any sum so collected shall be cility or centralized hub facility—’’, used to pay the costs of debt collection serv- (B) by striking ‘‘customs inspectional’’ in sub- 84–4426808 August 29, 1984 ices.’’. clause (I), and 84–4427823 September 4, 1984 (10) DESIGNATION OF CUSTOMS OFFICER.—Sec- (C) by striking ‘‘at the facility’’ in subclause 84–4077985 July 25, 1984 tion 509(b) of the Tariff Act of 1930 (19 U.S.C. (I) and inserting ‘‘for the facility’’. 84–4080859 August 3, 1984 1509(b)) is amended in paragraphs (3) and (4) by (b) DEFINITIONS.—Section 13031(b)(9)(B)(i) of 84–4080817 August 3, 1984 striking ‘‘appropriate regional commissioner’’ the Consolidated Omnibus Budget Reconcili- 84–4077723 August 1, 1984 and inserting ‘‘officer designated pursuant to ation Act of 1985 (19 U.S.C. 58c(b)(9)(B)(i)) is 84–4075194 July 10, 1984 regulations’’. amended— 84–4076481 July 17, 1984 (11) REVIEW OF PROTESTS.—Section 515(d) of (1) by striking ‘‘, as in effect on July 30, 1990’’, 84–4080930 August 9, 1984. the Tariff Act of 1930 (19 U.S.C. 1515(d)) is and amended by striking ‘‘district director’’ and in- (2) by adding at the end thereof the following SEC. 9. TEMPORARY DUTY SUSPENSION FOR PER- serting ‘‘port director’’. new sentence: ‘‘Nothing in this paragraph shall SONAL EFFECTS OF PARTICIPANTS (12) ADMINISTRATIVE EXEMPTIONS.—Section be construed as prohibiting the Secretary of the IN CERTAIN WORLD ATHLETIC 321(a) of the Tariff Act of 1930 (19 U.S.C. Treasury from processing merchandise that is EVENTS. 1321(a)) is amended— informally entered or released at any central- (a) IN GENERAL.—Subchapter II of chapter 99 (A) in paragraph (1), by striking ‘‘duties, fees, ized hub facility or express consignment carrier of the Harmonized Tariff Schedule of the United and taxes actually accruing’’ and inserting facility during the normal operating hours of States is amended by inserting in numerical se- ‘‘duties, fees, taxes, and interest actually accru- the Customs Service, subject to reimbursement quence the following new heading: ing’’; and and payment under subparagraph (A).’’. H12154 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘9902.98.05 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited mem- bers of delegations to, the 1998 Goodwill Games, and of persons who are imme- diate family members of or servants to any of the foregoing persons; equipment and materials imported in connection with the foregoing event by or on behalf of the foregoing persons or the organizing committee of such event; articles to be used in exhibitions depicting the culture of a country participating in such event; and, if consistent with the foregoing, such other articles as the Secretary of the Treasury may allow ...... Free No change Free On or before 2/1/99’’.

(b) TAXES AND FEES NOT TO APPLY.—The ar- trator of the Federal Aviation Administration (A) after December 31, 1994, and before the ticles described in heading 9902.98.05 of the Har- (hereafter referred to as the ‘FAA’) under sec- date that is 15 days after the date of the enact- monized Tariff Schedule of the United States (as tion 44704 of title 49, United States Code, or pur- ment of this Act, and added by subsection (a)) shall be free of taxes suant to the approval of the airworthiness au- (B) with respect to which there would have and fees which may be otherwise applicable. thority in the country of exportation, if such been no duty or a lesser duty if the amendment (c) EFFECTIVE DATE.—The amendment made approval is recognized by the FAA as an accept- made by subsection (a) applied to such entry or by this section applies to articles entered, or able substitute for such an FAA certificate; withdrawal, withdrawn from warehouse for consumption, on ‘‘(2) for which an application for such certifi- shall be liquidated or reliquidated as though or after the 15th day after the date of the enact- cate has been submitted to, and accepted by, the such amendment applied to such entry or with- ment of this Act. Administrator of the FAA by an existing type drawal. SEC. 10. MISCELLANEOUS TECHNICAL CORREC- and production certificate holder pursuant to SEC. 14. MARKING OF CERTAIN IMPORTED ARTI- TION. section 44702 of title 49, United States Code, and CLES AND CONTAINERS. Section 313(s)(2)(B) of the Tariff Act of 1930 regulations promulgated thereunder; or (a) IN GENERAL.—Section 304 of the Tariff Act (19 U.S.C. 1313(s)(2)(B)) is amended by striking ‘‘(3) for which an application for such ap- of 1930 (19 U.S.C. 1304) is amended— ‘‘successor’’ each place it appears and inserting proval or certificate will be submitted in the fu- (1) by redesignating subsections (f), (g), (h), ‘‘predecessor’’. ture by an existing type and production certifi- and (i) as subsections (h), (i), (j), and (k), re- SEC. 11. URUGUAY ROUND AGREEMENTS ACT. cate holder, pending the completion of design or spectively, and Section 405(b) of the Uruguay Round Agree- other technical requirements stipulated by the (2) by inserting after subsection (e) the follow- ments Act (19 U.S.C. 3602(b)) is amended— Administrator of the FAA. ing new subsections: (1) in paragraph (1) by striking ‘‘1(a)’’ and in- ‘‘(ii) The term ‘civil aircraft’ does not include ‘‘(f) MARKING OF CERTAIN COFFEE AND TEA serting ‘‘1(b)’’; and any aircraft, aircraft engine, or ground flight PRODUCTS.—The marking requirements of sub- (2) in paragraph (2) by striking ‘‘1(b)’’ and in- simulator (or parts, components, and subassem- sections (a) and (b) shall not apply to articles serting ‘‘1(a)’’. blies thereof) purchased for use by the Depart- described in subheadings 0901.21, 0901.22, SEC. 12. IMPORTS OF CIVIL AIRCRAFT. ment of Defense or the United States Coast 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and General Note 6 of the Harmonized Tariff Guard, unless such aircraft, aircraft engine, or 2101.20 of the Harmonized Tariff Schedule of the Schedule of the United States is amended to ground flight simulator (or parts, components, United States, as in effect on January 1, 1995. read as follows: and subassemblies thereof) satisfies the require- ‘‘(g) MARKING OF SPICES.—The marking re- ‘‘6. Articles Eligible for Duty-Free Treatment ments of subdivisions (i)(A) and (i)(B) (1) or (2). quirements of subsections (a) and (b) shall not Pursuant to the Agreement on Trade in Civil ‘‘(iii) Subdivision (i)(B)(3) shall apply only to apply to articles provided for under subheadings Aircraft. such quantities of the parts, components, and 0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, ‘‘(a) Whenever a product is entered under a subassemblies as are required to meet the design 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20, provision for which the rate of duty ‘Free (C)’ and technical requirements stipulated by the 0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, appears in the ‘Special’ subcolumn and a claim Administrator. The Commissioner of Customs 0910.40, 0910.50, 0910.91, 0910.99, 1106.20, 1207.40, for such rate of duty is made, the importer— may require the importer to estimate the quan- 1207.50, 1207.91, 1404.90, and 3302.10, and items ‘‘(i) shall maintain such supporting docu- tities of parts, components, and subassemblies classifiable in categories 0712.90.60, 0712.90.8080, mentation as the Secretary of the Treasury may covered for purposes of such subdivision.’’. 1209.91.2000, 1211.90.2000, 1211.90.8040, require; and SEC. 13. TECHNICAL CORRECTION TO CERTAIN 1211.90.8050, 1211.90.8090, 2006.00.3000, ‘‘(ii) shall be deemed to certify that the im- CHEMICAL DESCRIPTION. 2918.13.2000, 3203.00.8000, 3301.90.1010, ported article is a civil aircraft, or has been im- (a) AMENDMENT TO SUBHEADING 2933.90.02.— 3301.90.1020, and 3301.90.1050 of the Harmonized ported for use in a civil aircraft and will be so The article description for subheading 2933.90.02 Tariff Schedule of the United States, as in effect used. of the Harmonized Tariff Schedule of the United on January 1, 1995.’’. The importer may amend the entry or file a States is amended by striking (b) CONFORMING AMENDMENT.—Section 304(i) written statement to claim a free rate of duty ‘‘(Quizalofop ethyl)’’. of such Act, as redesignated by subsection under this note at any time before the liquida- (b) EFFECTIVE DATE.— (a)(1), is amended by striking ‘‘subsection (f)’’ tion of the entry becomes final, except that, not- (1) GENERAL RULE.—The amendment made by and inserting ‘‘subsection (h)’’. withstanding section 505(c) of the Tariff Act of this section applies to articles entered, or with- (c) EFFECTIVE DATE.—The amendments made 1930 (19 U.S.C. 1505(c)), any refund resulting drawn from warehouse for consumption, on or by this section apply to goods entered, or with- from any such claim shall be without interest. after the 15th day after the date of the enact- drawn from warehouse for consumption, on or ‘‘(b)(i) For purposes of the tariff schedule, the ment of this Act. after the date of the enactment of this Act. term ‘civil aircraft’ means any aircraft, aircraft (2) RETROACTIVE PROVISION.—Notwithstand- SEC. 15. TARIFF TREATMENT OF CERTAIN SILVER, engine, or ground flight simulator (including ing section 514 of the Tariff Act of 1930 (19 GOLD, AND PLATINUM BARS. parts, components, and subassemblies thereof)— U.S.C. 1514) or any other provision of law, upon (a) IN GENERAL.—Subchapter II of chapter 71 ‘‘(A) that is used as original or replacement proper request (which includes sufficient infor- of the Harmonized Tariff Schedule of the United equipment in the design, development, testing, mation to identify and locate the entry) filed States is amended— evaluation, manufacture, repair, maintenance, with the Customs Service on or before the date (1) by striking subheading 7106.92.00 and in- rebuilding, modification, or conversion of air- that is 180 days after the date of the enactment serting in numerical sequence the following new craft; and of this Act, any entry, or withdrawal from subheadings and superior text thereto, with ‘‘(B)(1) that is manufactured or operated pur- warehouse for consumption, of an article that such text having the same degree of indentation suant to a certificate issued by the Adminis- occurred— as subheading 7106.91: ‘‘7106.92 Semimanufactured: 7106.92.10 Rectangular or near-rectangular shapes, containing 99.5 percent or more by weight of silver and not otherwise marked or decorated than with weight, purity, or other identi- fying information ...... Free Free 7106.92.50 Other ...... 4.8% Free (A*, CA, E, IL, 65%’’; J, MX) (2) by striking subheading 7108.13.50 and inserting in numerical sequence the following new subheadings and superior text thereto, with such text having the same degree of indentation as subheading 7108.13.10: ‘‘ Other: 7108.13.55 Rectangular or near-rectangular shapes, containing 99.5 percent or more by weight of gold and not otherwise marked or decorated than with weight, purity, or other identifying information ...... Free Free September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12155 7108.13.70 Other ...... 6.6% Free (CA, E, IL, J, 65%’’; MX) and (3) by striking subheadings 7115.90.10 through 7115.90.50 and inserting in numerical sequence the following new subheadings and superior text, with the article description for subheading 7115.90.05 having the same degree of indentation as the article description for subheading 7116.10.10: ‘‘ 7115.90.05 Articles of precious metal, in rectangular or near-rectangular shapes, containing 99.5 percent or more by weight of a precious metal and not otherwise marked or decorated than with weight, purity, or other identifying information ...... Free Free Other: 7115.90.30 Of gold, including metal clad with gold ...... 6.2% Free (A*, CA, E, IL, 110% J, MX) 7115.90.40 Of silver, including metal clad with silver 4.8% Free (A*, CA, E, IL, 65% J, MX) 7115.90.60 Other ...... 6.4% Free (A, CA, E, IL, J, MX) 65%’’.

(b) CONFORMING AMENDMENTS.—General note 4(d) of the Harmonized Tariff Schedule of the United States is amended— (1) by striking ‘‘7106.92.00 Chile’’ and inserting ‘‘7106.92.50 Chile’’; and (2) by striking ‘‘7115.90.10 Argentina’’ and ‘‘7115.90.20 Argentina’’ and inserting ‘‘7115.90.30 Argentina’’ and ‘‘7115.90.40 Argentina’’, respectively. (c) STAGED RATE REDUCTIONS.—Any staged rate reduction that was proclaimed by the President before the date of the enactment of this Act to take effect on or after the date of the enactment of this Act— (1) of a rate of duty set forth in subheading 7106.92.00 of the Harmonized Tariff Schedule of the United States shall apply to the corresponding rate of duty in subheading 7106.92.50 of such Schedule (as added by subsection (a)(1)); (2) of a rate of duty set forth in subheading 7108.13.50 shall apply to the corresponding rate of duty in subheading 7108.13.70 of such Schedule (as added by subsection (a)(2)); (3) of a rate of duty set forth in subheading 7115.90.10 shall apply to the corresponding rate of duty in subheading 7115.90.30 of such Schedule (as added by subsection (a)(3)); (4) of a rate of duty set forth in subheading 7115.90.20 shall apply to the corresponding rate of duty in subheading 7115.90.40 of such Schedule (as added by subsection (a)(3)); and (5) of a rate of duty set forth in subheading 7115.90.50 shall apply to the corresponding rate of duty in subheading 7115.90.60 of such Schedule (as added by subsection (a)(3)). (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to goods that are entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act. SEC. 16. SUSPENSION OF DUTY ON CERTAIN SEMIMANUFACTURED FORMS OF GOLD. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by adding in numerical sequence the following new heading:

‘‘ 9902.71.08 Wire containing 99.9 percent or more by weight of gold and with dopants added to control wirebonding charac- teristics, having a diameter of 0.05 millimeters or less, for use in the manufacture of diodes, transistors, and simi- lar semiconductor devices or electronic integrated cir- cuits ...... Free No change No change On or before 12/31/2000’’.

(b) EFFECTIVE DATE.—The amendment made of record at such time and in such manner as ‘‘(I) on or after the effective date of this sub- by subsection (a) applies with respect to goods the Secretary prescribes but not later than 15 division, or entered, or withdrawn from warehouse for con- months after the date the importer declares his ‘‘(II) on or after January 1, 1994, and before sumption, on or after the 15th day after the date intent to file the reconciliation. In the case of such effective date, if the entry of such article of the enactment of this Act. reconciling issues relating to the assessment of is unliquidated, under protest, or in litigation, SEC. 17. ELIMINATION OF EAST-WEST TRADE STA- antidumping and countervailing duties, the rec- TISTICS MONITORING SYSTEM. onciliation shall be filed not later than 90 days or liquidation is otherwise not final on such ef- Section 410 of the Trade Act of 1974 (19 U.S.C. after the date the Customs Service advises the fective date. 2440) is repealed. importer that the period of review for antidump- ‘‘(iii) APPLICABLE FOREIGN VALUE CONTENT. SEC. 18. RETROACTIVE ELECTION TO RECONCILE ing or countervailing duty purposes has been ‘‘(A) APPLICABLE FOREIGN VALUE CONTENT. ENTRIES. completed.’’. (a) DEFINITION OF ENTRY RECONCILIATION.— For purposes of this subdivision, the term ‘appli- SEC. 19. TARIFF TREATMENT FOR CERTAIN cable foreign value content’ means the amount The first sentence of section 401(s) of the Tariff MOTOR VEHICLES. Act of 1930 (19 U.S.C. 1401(s)) is amended to determined by multiplying the value of a quali- General Note 3 of the Harmonized Tariff read as follows: ‘‘The term ‘reconciliation’ fied article by the applicable percentage. Schedule of the United States is amended by means an electronic process, initiated at the re- adding at the end the following new subdivi- ‘‘(B) APPLICABLE PERCENTAGE. The term ‘ap- quest of an importer, under which the elements sion: plicable percentage’ means the FTZ percentage of an entry (other than those elements related to for the article plus 5 percentage points. the admissibility of the merchandise) that are ‘‘(d) CERTAIN MOTOR VEHICLES MANUFAC- undetermined at the time the importer files or TURED IN FOREIGN TRADE ZONES. ‘‘(iv) OTHER DEFINITIONS AND SPECIAL RULES. transmits the documentation or information re- ‘‘(i) DUTY IMPOSED. Notwithstanding any For purposes of this subdivision— quired by section 484(a)(1)(B), or the import ac- other provision of law, the duty imposed on a qualified article shall be the amount determined ‘‘(A) FTZ PERCENTAGE. The FTZ percentage tivity summary statement, are provided to the for a qualified article shall be the percentage de- Customs Service at a later time.’’. by multiplying the applicable foreign value con- termined in accordance with subparagraph (I), (b) RECONCILIATION REQUIREMENTS.—Section tent of such article by the applicable rate of 484(b)(1) (19 U.S.C. 1484(b)(1)) of such Act is duty for such article. (II), or (III) of this paragraph, whichever is ap- amended by striking the first and second sen- ‘‘(ii) QUALIFIED ARTICLE. For purposes of this plicable. tences and inserting the following: ‘‘A party subdivision, the term ‘qualified article’ means ‘‘(I) REPORT FOR YEAR PUBLISHED. If, at the may elect to file a reconciliation with regard to an article that is— time a qualified article is entered, the FTZ An- such entry elements as are identified by the ‘‘(A) classifiable under any of subheadings nual Report for the year in which the article party pursuant to regulations prescribed by the 8702.10 through 8704.90 of the Harmonized Tariff was manufactured has been published, the FTZ Secretary. If the party so elects, the party shall Schedule of the United States, percentage for the article shall be the percent- ‘‘(B) produced or manufactured in a foreign declare that a reconciliation will be filed. The age of foreign status merchandise set forth in trade zone before January 1, 1996, declaration shall be made in such manner as the that report for the subzone in which the quali- Secretary shall prescribe and at the time the ‘‘(C) exported therefrom to a NAFTA country fied article was manufactured, or if not manu- documentation or information required by sub- (as defined in section 2(4) of the North American factured in a subzone, the foreign trade zone in section (a)(1)(B) or the import activity summary Free Trade Agreement Implementation Act (19 which the qualified article was manufactured. statement is filed with, or transmitted to, the U.S.C. 3301(4)), and Customs Service, or at such later time as the ‘‘(D) subsequently imported from that NAFTA ‘‘(II) REPORT FOR YEAR NOT PUBLISHED. If, at Customs Service may, in its discretion, permit. country into the customs territory of the United the time a qualified article is entered, the FTZ The reconciliation shall be filed by the importer States— Annual Report for the year in which the article H12156 CONGRESSIONAL RECORD — HOUSE September 28, 1996 was manufactured has not been published, the (12) Section 337(b)(3) of the Tariff Act of 1930 (15) Section 414(b)(1) of the Trade Agreements FTZ percentage for the article shall be the per- (19 U.S.C. 1337(b)(3)) is amended in the first sen- Act of 1979 (19 U.S.C. 2544(b)(1)) is amended by centage of foreign status merchandise set forth tence by striking ‘‘such section and’’. striking ‘‘procedures,,’’ each place it appears in the most recently published FTZ Annual Re- (13) Section 281(h)(4) of the Uruguay Round and inserting ‘‘procedures,’’. port for the subzone in which the article was Agreements Act is amended by striking ‘‘(A),’’. (16) Section 451(6)(A) of the Trade Agreements manufactured, or if not manufactured in a (14) Section 771(30) of the Tariff Act of 1930 Act of 1979 (19 U.S.C. 2571(6)(A)) is amended by subzone, the foreign trade zone in which the (19 U.S.C. 1677(30)) is amended by striking striking ‘‘Members.’’ and inserting ‘‘Members; qualified article was manufactured. ‘‘agreement’’ and inserting ‘‘Agreement’’. and’’. ‘‘(B) APPLICABLE RATE OF DUTY. The term ‘ap- (15) Section 705(c)(1)(B)(i)(II) of the Tariff Act (d) TITLE IV.— plicable duty rate’ means the rate of duty set of 1930 (19 U.S.C. 1671d(c)(1)(B)(i)(II)) is amend- (1) Section 492(c) of the Trade Agreements Act forth in any of subheadings 8702.10 through ed by inserting ‘‘section’’ after ‘‘if’’. of 1979 (19 U.S.C. 2578a(c)) is amended by strik- 8704.90 of the Harmonized Tariff Schedule of the (16) Section 282(d) of the Uruguay Round ing ‘‘phystosanitary’’ and inserting United States that is applicable to the qualified Agreements Act (19 U.S.C. 3572(d)) is amended ‘‘phytosanitary’’. article and which would apply to the article if by aligning the text of the last sentence with the (2) Section 412(b) of the Uruguay Round the article were directly entered for consumption text of the first sentence. Agreements Act is amended by striking ‘‘1853’’ into the United States from the foreign trade (17) Section 783(f) of the Tariff Act of 1930 (19 and inserting ‘‘972’’. zone with non-privileged foreign status having U.S.C. 1677n(f)) is amended by striking ‘‘sub- (e) TITLE V.— been claimed for all foreign merchandise used in section (d)’’ and inserting ‘‘subsection (e)’’. (1) Section 154(c)(2) of title 35, United States the manufacture or production of the qualified (c) TITLE III.— Code, is amended in the matter preceding sub- article. (1) Section 314(e) of the Uruguay Round paragraph (A) by striking ‘‘Acts’’ and inserting ‘‘(C) FOREIGN TRADE ZONE; SUBZONE. The Agreements Act is amended in the matter pro- ‘‘acts’’. terms ‘foreign trade zone’ and ‘subzone’ mean a posed to be inserted as section 306(b)(1) of the (2) Section 104A(h)(3) of title 17, United States zone or subzone established pursuant to the Act Trade Act of 1974, by striking the closed Code, is amended by striking ‘‘section 104A(g)’’ of June 18, 1934, commonly known as the For- quotation marks and second period at the end. and inserting ‘‘subsection (g)’’. eign Trade Zones Act (19 U.S.C. 81a et seq.). (2) Section 321(a)(1)(C)(i) of the Uruguay (f) TITLE VI.— ‘‘(D) FTZ ANNUAL REPORT. The term ‘FTZ An- Round Agreements Act is amended to read as (1) Section 141(c)(1)(D) of the Trade Act of nual Report’ means the Annual Report to the follows: 1974 (19 U.S.C. 2171(c)(1)(D)) is amended by Congress published in accordance with section ‘‘(i) in the first sentence by striking ‘such Act’ striking the second comma after ‘‘World Trade 16 of the Foreign Trade Zones Act (19 U.S.C. and inserting ‘such subtitle’; and’’. Organization’’. 81p(c)). (3) Section 592A(a)(3) of the Tariff Act of 1930 (2) Section 601(b)(1)(B) of the Uruguay Round ‘‘(E) NON-PRIVILEGED FOREIGN STATUS. The (19 U.S.C. 1592A(a)(3)) is amended by striking Agreements Act (19 U.S.C. 2465 note) is amended term ‘non-privileged foreign status’ means that ‘‘list under paragraph (2)’’ and inserting ‘‘list by striking ‘‘such date of enactment’’ and in- privilege has not been requested with respect to under paragraph (1)’’. serting ‘‘the date of the enactment of this Act’’. an article pursuant to section 3 of the Foreign (4) Section 301(c)(4) of the Trade Act of 1974 (3) The heading for section 1106 of the Omni- Trade Zones Act.’’. (19 U.S.C. 2411(c)(4)) is amended by striking bus Trade and Competitiveness Act of 1988 (19 SEC. 20. TECHNICAL AMENDMENTS RELATING TO ‘‘paragraph (1)(C)(iii)’’ and inserting ‘‘para- U.S.C. 2905) is amended by striking ‘‘for the PUBLIC LAW 103–465. graph (1)(D)(iii)’’. wto’’ and inserting ‘‘or the wto’’. ITLE (a) T I.— (5) Section 202(d)(4)(A)(i) of the Trade Act of SEC. 21. TECHNICAL AMENDMENTS RELATING TO (1) Section 516A(a)(2)(A)(i)(I) of the Tariff Act 1974 (19 U.S.C. 2252(d)(4)(A)(i)) is amended by PUBLIC LAW 103–182. of 1930 (19 U.S.C. 1516a(a)(2)(A)(i)(I)) is amend- striking ‘‘section 202(b)’’ and inserting ‘‘sub- (a) TITLE II.— ed by adding a comma after ‘‘subparagraph section (b)’’. (1) Section 13031(b)(10)(A) of the Consolidated (B)’’. (6) Section 304(a)(3)(A) of the Trade Act of Omnibus Budget Reconciliation Act of 1985 (19 (2) Section 132 of the Uruguay Round Agree- 1974 (19 U.S.C. 2414(a)(3)(A)) is amended by in- U.S.C. 58c(b)(10)(A)) is amended— ments Act (19 U.S.C. 3552) is amended by strik- serting ‘‘Rights’’ after ‘‘Intellectual Property’’. (A) by striking ‘‘Agreement)’’ and inserting ing ‘‘title’’ and inserting ‘‘section’’. (7) Section 331 of the Uruguay Round Agree- ‘‘Agreement Implementation Act of 1988)’’; and (b) TITLE II.— (1)(A) The item relating to section 221 in the ments Act (19 U.S.C. 3591) is amended by strik- (B) by striking ‘‘section 403’’ and inserting table of contents of the Uruguay Round Agree- ing ‘‘, as defined in section 2(9) of the Uruguay ‘‘article 403’’. ments Act is amended to read as follows: Round Implementation Act,’’. (2) Section 202 of the North American Free (8) Section 204 of the Agricultural Act of 1956 Trade Agreement Implementation Act (19 U.S.C. ‘‘Sec. 221. Special rules for review of determina- (7 U.S.C. 1854) is amended in the second sen- 3332) is amended— tions.’’. tence by striking ‘‘Implementation’’ and insert- (A) in subsection (m)(4)(C) by striking ‘‘(o)’’ (B) The section heading for section 221 of that ing ‘‘Agreements’’. and inserting ‘‘(p)’’; and Act is amended to read as follows: (9) Section 334(b)(1)(B)(ii) of the Uruguay (B) in subsection (p)(18) by striking ‘‘federal ‘‘SEC. 221. SPECIAL RULES FOR REVIEW OF DE- Round Agreements Act (19 U.S.C. government’’ and inserting ‘‘Federal Govern- TERMINATIONS.’’. 3592(b)(1)(B)(ii)) is amended by striking ‘‘posses- ment’’. (2) Section 270(a)(2)(B) of the Uruguay Round sion,’’ and inserting ‘‘possession;’’. (b) TITLE III.— Agreements Act is amended by striking (10) Section 305(d)(2) of the Trade Agreements (1) Section 351(b)(2) of the North American ‘‘771(A)(c)’’ and inserting ‘‘771A(c)’’. Act of 1979 (19 U.S.C. 2515(d)(2)) is amended— Free Trade Agreement Implementation Act is (3) Section 702(c)(5) of the Tariff Act of 1930 (A) by striking ‘‘or’’ after the semicolon at the amended by striking ‘‘Agreement Act’’ and in- (19 U.S.C. 1671a(c)(5)) is amended by striking end of subparagraph (B); and serting ‘‘Agreements Act’’. ‘‘(b)(1)(A)’’ and inserting ‘‘(b)(1)’’. (2) Section 411(c) of the Trade Agreements Act (4) Section 732(c)(5) of the Tariff Act of 1930 (B) in subparagraph (C) by striking the period of 1979 (19 U.S.C. 2541(c)) is amended by striking (19 U.S.C. 1673a(c)(5)) is amended by striking at the end and inserting a semicolon. (11) Section 304 of the Trade Agreements Act ‘‘Special Representatives’’ and inserting ‘‘Trade ‘‘(b)(1)(A)’’ and inserting ‘‘(b)(1)’’. (5) Section 212(b)(1)(C)(i)(I) of the Uruguay of 1979 (19 U.S.C. 2514) is amended— Representative’’. (3) Section 316 of the North American Free Round Agreements Act is amended by striking (A) in subsection (a) by striking the comma Trade Agreement Implementation Act (19 U.S.C. ‘‘the petition’’ and inserting ‘‘a petition’’. after ‘‘XXIV(7)’’; and (6) Section 214(b)(2)(A)(i)(II) of the Uruguay (B) in subsection (c)— 3381) is amended by striking ‘‘subsection Round Agreements Act is amended by striking (i) by striking the comma after ‘‘XXIV(7)’’; 202(d)(1)(C)(i)’’ and inserting ‘‘subsection ‘‘the merchandise’’ and inserting ‘‘merchan- and (d)(1)(C)(i)’’. dise’’. (ii) by striking the comma after ‘‘XIX(5)’’. (4) Section 309(c) of the North American Free (7) Section 771(16)(B)(i) of the Tariff Act of (12) Section 308(4)(D) of the Trade Agreements Trade Agreement Implementation Act (19 U.S.C. 1930 (19 U.S.C. 1677(16)(B)(i)) is amended by Act of 1979 (19 U.S.C. 2518(4)(D)) is amended by 3358(c)) is amended in paragraphs (1) and (2) by striking ‘‘merchandise which is the subject of striking ‘‘the the’’ and inserting ‘‘the’’. striking ‘‘column 1—General’’ and inserting the investigation’’ and inserting ‘‘subject mer- (13) Section 305(g) of the Trade Agreements ‘‘column 1 general’’. chandise’’. Act of 1979 (19 U.S.C. 2515(g)) is amended— (c) TITLE IV.— (8) Section 732(e)(1) of the Tariff Act of 1930 (A) in paragraph (1)— (1) Section 402(d)(3) of the North American (19 U.S.C. 1673a(e)(1)) is amended by striking (i) by striking ‘‘of such subsection’’ and in- Free Trade Agreement Implementation Act (19 ‘‘the the’’ and inserting ‘‘the’’. serting ‘‘of subsection (d)(2)’’; and U.S.C. 3432(d)(3)) is amended in the matter pre- (9) Section 233(a)(6)(C) of the Uruguay Round (ii) by inserting ‘‘of subsection (d)(2)’’ after ceding subparagraph (A) by striking ‘‘(c)(4)’’ Agreements Act is amended by inserting ‘‘each ‘‘(as the case may be)’’; and and inserting ‘‘subsection (c)(4)’’. place it appears’’ after ‘‘commence’’. (B) in paragraph (3)— (2) Section 407(e)(2) of the North American (10) Section 261(d)(1)(A)(ii) of the Uruguay (i) by striking ‘‘the the’’ and inserting ‘‘the’’; Free Trade Agreement Implementation Act (19 Round Agreements Act is amended by inserting and U.S.C. 3437(e)(2)) is amended by striking ‘‘peti- after ‘‘is amended’’ the following: ‘‘by striking (ii) by inserting ‘‘of subsection (d)(2)’’ after tion,’’ and inserting ‘‘petition;’’. ‘as follows:’ and inserting a comma and’’. ‘‘(as the case may be)’’. (3) Section 516A(g)(12)(D) of the Tariff Act of (11) Section 261(d)(1)(B)(ii)(I) of the Uruguay (14) Section 402(4) of the Trade Agreements 1930 (19 U.S.C. 1516a(g)(12)(D)) is amended— Round Agreements Act is amended by inserting Act of 1979 (19 U.S.C. 2532(4)) is amended by in- (A) by striking ‘‘(D)(i)’’ and inserting ‘‘(D)’’; ‘‘of’’ after ‘‘section 303 or’’. serting a comma after ‘‘system, if any’’. and September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12157 (B) by striking ‘‘If the Trade Representative’’ (A) in each of paragraphs (1), (2), and (4) by (13) Section 592(d) of the Tariff Act of 1930 (19 and inserting ‘‘(i) If the Trade Representative’’. striking the semicolon at the end and inserting U.S.C. 1592(d)) is amended in the subsection (4) Section 415(b)(2) of the North American a period; and heading by striking ‘‘TAXES’’ and inserting Free Trade Agreement Implementation Act (19 (B) in paragraph (5) by striking ‘‘; and’’ and ‘‘TAXES,’’. U.S.C. 3451(b)(2)) is amended by striking ‘‘under inserting a period. (14) Section 625(a) of the Tariff Act of 1930 (19 516A(a)’’ and inserting ‘‘under section 516A(a)’’. (6) Section 484(a)(1) of the Tariff Act of 1930 U.S.C. 1625(a)) is amended by striking ‘‘chap- (d) TITLE V.—Section 219 of the Caribbean (19 U.S.C. 1484(a)(1)) is amended by striking ter’’ and inserting ‘‘Act’’. Basin Economic Recovery Act (19 U.S.C. 2707) is ‘‘553, and 336(j)’’ and inserting ‘‘and 553’’. (15) Section 413(a)(1) of the Tariff Act of 1930 amended— (7) Section 514(a) of the Tariff Act of 1930 (19 (19 U.S.C. 1413(a)(1)) is amended by striking (1) in subsection (b)(1) by striking ‘‘Hemi- U.S.C. 1514(a)) is amended by striking ‘‘section sphere,’’ and inserting ‘‘Hemisphere;’’; and ‘‘this Act’’ and inserting ‘‘the North American 520 (relating to refunds and errors), and section Free Trade Agreement Implementation Act’’. (2) in paragraphs (1) and (2) of subsection (h) 521 (relating to reliquidations on account of by striking ‘‘Center,’’ and inserting ‘‘Center;’’. fraud)’’ and inserting ‘‘and section 520 (relating SEC. 22. TECHNICAL AMENDMENT REGARDING (e) TITLE VI.— to refunds and errors)’’. JUDICIAL REVIEW. (1) Section 3126 of the Revised Statutes of the (8) Section 491(a) of the Tariff Act of 1930 (19 Section 516A(g)(4)(A) of the Tariff Act of 1930 United States (19 U.S.C. 293) is amended by U.S.C. 1491(a)) is amended in the first sen- (19 U.S.C. 1516a(g)(4)(A)) is amended by striking striking ‘‘or both’’ and inserting ‘‘or both,’’. tence— ‘‘Implementation Agreement Act of 1988’’ and (2) Section 3127 of the Revised Statutes of the (A) by striking ‘‘in in’’ and inserting ‘‘in’’; inserting ‘‘Agreement Implementation Act of United States (19 U.S.C. 294) is amended by and 1988’’. striking ‘‘conveyed a United States’’ and insert- (B) by striking ‘‘appropriate customs officer’’ ing ‘‘conveyed in a United States’’. SEC. 23. RELIQUIDATION OF ENTRIES OF WARP (3) Section 436(a)(2) of the Tariff Act of 1930 and inserting ‘‘Customs Service’’. KNITTING MACHINES. (19 U.S.C. 1436(a)(2)) is amended— (9) Section 490(c)(1) of the Tariff Act of 1930 Notwithstanding section 514 of the Tariff Act (A) by striking ‘‘431(e)’’ and inserting ‘‘431’’; (19 U.S.C. 1490(c)(1)) is amended by striking of 1930 (19 U.S.C. 1514) or any other provision of and ‘‘paragraphs (1) through (4) of subsection (a)’’ law, upon proper request filed with the Customs (B) by striking ‘‘or’’ after the semicolon at the and inserting ‘‘subparagraphs (A) through (D) Service before the 90th day after the date of the end. of subsection (a)(1)’’. enactment of this Act, the Secretary of the (4) Section 313 of the Tariff Act of 1930 (19 (10) Sections 1207(b)(2) and 1210(b)(1) of the Treasury shall— U.S.C. 1313) is amended— Omnibus Trade and Competitiveness Act of 1988 (1) liquidate or reliquidate as duty free Entry (A) in subsection (j)(2) by realigning the text (19 U.S.C. 3007(b)(2) and 3010(b)(1)) are each No. 100–3022436–3, made on July 12, 1989, at the following subparagraph (C)(ii)(II) beginning amended by striking ‘‘484(e)’’ and ‘‘1484(e)’’ and port of Charleston, South Carolina; and with ‘‘then upon the exportation’’ and ending inserting ‘‘484(f)’’ and ‘‘1484(f)’’, respectively. (2) refund any duties and interest paid with with ‘‘duty, tax, or fee.’’ two ems to the left so (11) Section 641(d)(2)(B) of the Tariff Act of respect to such entry. that the text has the same degree of indentation 1930 (19 U.S.C. 1641(d)(2)(B)) is amended in the as paragraph (3) of section 313(j) of such Act; second to the last sentence by striking ‘‘his’’ SEC. 24. TEMPORARY SUSPENSION OF DUTY ON and and inserting ‘‘the’’. DICLOFOP-METHYL. (B) in subsection (t) by striking ‘‘chapter’’ (12) Section 621(4)(A) of the North American (a) IN GENERAL.—Subchapter II of chapter 99 and inserting ‘‘Act’’. Free Trade Agreement Implementation Act is of the Harmonized Tariff Schedule of the United (5) Section 441 of the Tariff Act of 1930 (19 amended by striking ‘‘disclosure in 30 days’’ and States is amended by inserting in numerical se- U.S.C. 1441) is amended— inserting ‘‘disclosure within 30 days’’. quence the following new heading: ‘‘ 9902.30.16 Methyl 2-[4-(2,4- dichlorophenoxy)phenoxy] propionate (diclofop-methyl) in bulk or in forms or packages for re- tail sale containing no other pesticide products (CAS No. 51338-27-3) (provided for in subheading 2918.90.20 or 3808.30.15) ...... Free No change No change On or before 12/31/98’’.

(b) EFFECTIVE DATE.—The amendment made (B) before the date that is 15 days after the ‘‘(B) such entry, had it been made on or after by subsection (a) applies with respect to goods date of the enactment of this Act, and January 1, 1995, would otherwise be eligible for entered, or withdrawn from warehouse for con- to which lower rate of duty would have applied the exemption provided in section 466(h)(1) of sumption, on or after the 15th day after the date if the entry had been made on or after the date the Tariff Act of 1930 (19 U.S.C. 1466(h)(1)), of the enactment of this Act. that is 15 days after the date of the enactment and’’; and SEC. 25. ELIMINATION OF DUTY ON 2-AMINO-3- of this Act, shall be liquidated or reliquidated as (2) by adding at the end the following: CHLOROBENZOIC ACID, METHYL if such subheading 2921.59.17 as so amended ap- ESTER. ‘‘(c) ENTRIES.—The entries referred to in sub- plied to such entry and the Secretary of the section (b)(3) are the following: (a) IN GENERAL.—Subheading 2922.49.05 of the Treasury shall refund any excess duty paid Harmonized Tariff Schedule of the United with respect to such entry. ‘‘(1) NUMBERED ENTRIES.— States is amended by inserting after ‘‘acid’’ the (3) REQUESTS.—Liquidation or reliquidation Entry Number Date of Entry following: ‘‘; 2-Amino-3-chlorobenzoic acid, may be made under subsection (b)(2) with re- methyl ester’’. spect to an entry only if a request therefor is C14–0025455–8 August 18, 1993 (b) EFFECTIVE DATE.—The amendment made filed with the Customs Service, within 180 days C14–0025456–6 August 18, 1993 by subsection (a) applies with respect to goods after the date of the enactment of this Act, that C14–0025457–4 August 18, 1993 entered, or withdrawn from warehouse for con- contains sufficient information to enable the C14–0025473–1 August 27, 1993 sumption, on or after the 15th day after the date Customs Service— C14–0025478–0 September 13, 1993 of the enactment of this Act. (A) to locate the entry; or C14–0025479–8 September 13, 1993 SEC. 26. ELIMINATION OF DUTY ON 3,3′- (B) to reconstruct the entry if it cannot be lo- C14–0025480–6 September 13, 1993 DIAMINOBENZIDINE (TETRAAMINO cated. C14–0025481–4 September 13, 1993 BIPHENYL). SEC. 27. CERTAIN UNLIQUIDATED VESSEL REPAIR C14–0025511–8 April 16, 1993 (a) IN GENERAL.—Subheading 2921.59.17 of the ENTRIES. C14–0025533–2 April 30, 1993 Harmonized Tariff Schedule of the United Section 484E of the Customs and Trade Act of C14–0025545–6 May 21, 1993 States is amended by striking ‘‘and m- 1990 (19 U.S.C. 1466 note) is amended— C14–0025546–4 May 21, 1993 Xylenediamine’’ and inserting ‘‘m- (1) in subsection (b)— C14–0025547–2 May 21, 1993 Xylenediamine; and 3,3′-Diaminobenzidine (A) by striking ‘‘and’’ at the end of paragraph C14–0025558–9 June 15, 1993 (tetraamino biphenyl)’’. (2)(B);÷ C14–0025560–5 June 15, 1993 (b) EFFECTIVE DATE.— (B) by redesignating paragraph (3) as para- C14–0025574–6 July 21, 1993 (1) IN GENERAL.—The amendment made by graph (4); and C14–0025575–3 July 21, 1993 subsection (a) applies with respect to goods en- (C) by inserting after paragraph (2) the fol- C14–0025603–3 July 23, 1993 tered, or withdrawn from warehouse for con- lowing new paragraph; C14–0025604–1 July 23, 1993 sumption, on or after the 15th day after the date ‘‘(3) any entry listed in subsection (c) that C14–0025605–8 July 23, 1993 of the enactment of this Act. was made during the period beginning on Janu- C14–0025623–1 October 25, 1993 (2) RETROACTIVE APPLICATION.—Notwith- ary 1, 1993, and ending on December 31, 1994, to C14–0025624–9 October 25, 1993 standing section 514 of the Tariff Act of 1930 or the extent such entry involves the purchase of C14–0025625–6 October 25, 1993 any other provision of law and subject to para- equipment, the use of materials, or the expense C14–0025635–5 November 8, 1993 graph (3), any article described in subheading of repairs in a foreign country for 66 LASH C14–0025636–3 November 8, 1993 2921.59.17 of the Harmonized Tariff Schedule of (Lighter Aboard Ship) barges documented under C14–0025637–1 November 8, 1993 the United States (as amended by subsection the laws of the United States if— C14–0025653–8 November 30, 1993 (a)) that was entered— ‘‘(A) such entry was not liquidated on Janu- C14–0025654–6 November 30, 1993 (A) on or after January 1, 1995, and ary 1, 1995; and C14–0025655–3 November 30, 1993 H12158 CONGRESSIONAL RECORD — HOUSE September 28, 1996

Entry Number Date of Entry Entry Number Date of Entry Entry Number Date of Entry

C14–0025657–9 November 30, 1993 C14–0026827–7 March 10, 1994 C14–0026899–6 August 2, 1994 C14–0025679–3 January 3, 1994 C14–0026828–5 March 10, 1994 C14–0040625–7 October 5, 1994. C14–0025680–1 January 3, 1994 C14–0026829–3 March 10, 1994 C14–0025688–4 February 14, 1994 C14–0026830–1 March 10, 1994 ‘‘(2) ADDITIONAL ENTRY.—The entry of a 66th C14–0025689–2 February 14, 1994 C14–0026831–9 March 10, 1994 LASH barge (No. CG E69), for which no entry C14–0025690–0 February 14, 1994 C14–0026832–7 March 10, 1994 number is available, if, within 60 days after the C14–0025691–8 February 14, 1994 C14–0026833–5 March 10, 1994 date of the enactment of this subsection, a prop- C14–0025692–6 February 14, 1994 C14–0026841–8 March 31, 1994 er entry is filed with the Customs Service.’’. C14–0026803–8 January 24, 1994 C14–0026843–4 March 31, 1994 SEC. 28. DUTY ON DISPLAY FIREWORKS. C14–0026804–6 January 24, 1994 C14–0026852–5 May 5, 1994 (a) IN GENERAL.—Chapter 36 of the Har- C14–0026805–3 January 24, 1994 C14–0026853–3 May 5, 1994 monized Tariff Schedule of the United States is C14–0026807–9 January 24, 1994 C14–0026854–1 May 5, 1994 amended by striking subheading 3604.10.00 and C14–0026808–7 January 24, 1994 C14–0026867–3 May 18, 1994 inserting in numerical sequence the following C14–0026809–5 January 24, 1994 C14–0026869–9 May 18, 1994 new subheadings, with the article description C14–0026810–3 January 24, 1994 C14–0026874–9 June 8, 1994 for subheading 3604.10 having the same degree C14–0026811–1 January 24, 1994 C14–0026875–6 June 8, 1994 of indentation as the article description for sub- C14–0026826–9 March 10, 1994 C14–0026898–8 August 2, 1994 heading 3604.90.00: ‘‘ 3604.10 Fireworks: 3604.10.10 Display or special fireworks (Class 1.3G) ...... 2.4% Free (A*, CA, E, IL, J, 12.5% MX) 3604.10.90 Other (including Class 1.4G) ...... 5.3% Free (A*, CA, E, IL, J, 12.5%’’. MX)

(b) CONFORMING AMENDMENT.—General note (1) by striking ‘‘Merchandise’’ and inserting resident meets the eligibility requirements for 4(d) of the Harmonized Tariff Schedule of the ‘‘(A) Except as provided in subparagraph (B), the exemption claimed. Notwithstanding any United States is amended by striking ‘‘3604.00.00 merchandise’’; and other provision of law, such merchandise shall India’’ and inserting ‘‘3604.10.10 India’’ and (2) by adding at the end the following new be considered to be an article acquired abroad ‘‘3604.10.90 India’’. subparagraph: as an incident of the journey from which the (c) EFFECTIVE DATE.—The amendment made resident is returning, for purposes of determin- by this section applies with respect to goods en- ‘‘(B) Except in the case of travel involving ing eligibility for any such exemption.’’. tered, or withdrawn from warehouse for con- transit to, from, or through an insular posses- sumption, on or after the 15th day after the date sion of the United States, merchandise described SEC. 30. TEMPORARY DUTY SUSPENSION FOR of the enactment of this Act. in subparagraph (A) that is purchased by a CERTAIN MOTORCYCLES. SEC. 29. PERSONAL ALLOWANCE DUTY EXEMP- United States resident shall be eligible for ex- (a) IN GENERAL.—Subchapter II of chapter 99 TION FOR MERCHANDISE PUR- emption from duty under subheadings CHASED IN A DUTY-FREE SALES EN- 9804.00.65, 9804.00.70, and 9804.00.72 of the Har- of the Harmonized Tariff Schedule of the United TERPRISE. monized Tariff Schedule of the United States States is amended by inserting in numerical se- Section 555(b)(6) of the Tariff Act of 1930 (19 upon the United States resident’s return to the quence the following new heading: U.S.C. 1555(b)(6)) is amended— customs territory of the United States, if the ‘‘ 9902.98.06 Motorcycles produced in the United States, previously exported and brought temporarily into the United States by nonresidents for the purpose of participating in the Sturgis Motorcycle Rally and Races ...... Free No change Free On or before 12/31/2006’’.

(b) ARTICLES TO BE SUBJECT TO INFORMAL ‘‘(e) PRODUCTION EQUIPMENT.— chandise shall be entered, as provided for in sec- ENTRY; TAXES AND FEES NOT TO APPLY.—Not- ‘‘(1) IN GENERAL.—Notwithstanding any other tion 484 of the Tariff Act of 1930, and estimated withstanding section 484 of the Tariff Act of provision of law, if all applicable customs laws duties shall be deposited with the Customs Serv- 1930 (19 U.S.C. 1484) or any other provision of are complied with (except as otherwise provided ice. The merchandise shall be subject to tariff law, the Secretary of the Treasury may author- in this subsection), merchandise which is admit- classification according to its character, condi- ize the entry of an article described in heading ted into a foreign trade zone for use within such tion, and quantity, and at the rate of duty ap- 9902.98.06 of the Harmonized Tariff Schedule of zone as production equipment or as parts for plicable, at the time use of the merchandise in the United States (as added by subsection (a)) such equipment, shall not be subject to duty production begins. on an oral declaration of the nonresident enter- until such merchandise is completely assembled, ‘‘(4) FOREIGN TRADE ZONE.—For purposes of ing such article and such article shall be free of installed, tested, and used in the production for this subsection, the term ‘foreign trade zone’ in- taxes and fees which may be otherwise applica- which it was admitted. cludes a subzone.’’. ble. ‘‘(2) ADMISSION PROCEDURES.—The person (b) EFFECTIVE DATE.—The amendment made (c) EFFECTIVE DATE.—This section and the who admits the merchandise described in para- by this section shall apply with respect to mer- amendment made by this section shall apply to graph (1) into the zone shall, at the time of such chandise admitted into a foreign trade zone articles entered, or withdrawn from warehouse admission, certify to the Customs Service that after the date that is 15 days after the date of for consumption, on or after the 15th day after the merchandise is admitted into the zone pur- the enactment of this Act. the date of the enactment of this Act. suant to this subsection for use within the zone SEC. 31. DEFERRAL OF DUTY ON CERTAIN PRO- as production equipment or as parts for such SEC. 32. TEMPORARY SUSPENSION OF DUTY ON DUCTION EQUIPMENT. equipment and that the merchandise will be en- THIDIAZURON. (a) IN GENERAL.—Section 3 of the Act of June tered and estimated duties deposited when use (a) IN GENERAL.—Subchapter II of chapter 99 18, 1934 (commonly known as the Foreign Trade of the merchandise in production begins. of the Harmonized Tariff Schedule of the United Zones Act, 19 U.S.C. 81c) is amended by adding ‘‘(3) ENTRY PROCEDURES.—At the time use of States is amended by inserting in numerical se- at the end thereof the following new subsection: the merchandise in production begins, the mer- quence the following new heading: ‘‘ 9902.30.17 N-phenyl-N’-(1,2,3-thiadiazol-5-yl urea (thidiazuron) in bulk or in forms or packages for retail sale (CAS No. 51707-55-2) (provided for in subheading 2934.90.15 or 3808.30.15) ...... Free No change No change On or before 12/31/98’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

SEC. 33. 2,3,3-TRIMETHYL-INDOLENINE. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘ 9902.33.90 2,3,3-Trimethyl-indolenine (CAS No. 1640–39–7) (pro- vided for in subheading 2933.90.82) ...... Free No change No change On or before 12/31/99’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12159 SEC. 34. BIS(4-AMINO-3-METHYLCYCLOHEXYL)-METHANE. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘ 9902.30.30 Bis(4-amino-3-methylcyclohexyl)-methane (CAS No. 6864–37–5) (provided for in subheading 2921.30.30) ...... Free No change No change On or before 12/31/99’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 35. LIMITATION ON DESIGNATION AS BENEFICIARY DEVELOPING COUNTRY. (a) IN GENERAL.—Section 502(b)(2)(F) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)(F)) is amended to read as follows: ‘‘(F) Such country aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism or the Secretary of State makes a determination with respect to such country under section 6(j)(1)(A) of the Export Administration Act of 1979.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 1996. SEC. 36. TEMPORARY DUTY SUSPENSION ON CERTAIN CHEMICALS USED IN THE FORMULATION OF AN HIV PROTEASE INHIBITOR. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: ‘‘ 9902.30.63 3-Acetoxy-2-methylbenzoyl chloride (CAS No. 167678– 46–8) (provided for in subheading 2918.29.65) ...... Free No change No change On or before 3/31/97 9902.30.64 (S-(R*,S*))-(3-Chloro-2-hydroxy-1- ((phenylthio)methyl)propyl)-carbamic acid phenylmethyl ester (CAS No. 159878–02–1) (provided for in subheading 2922.19.60) ...... Free No change No change On or before 3/31/97 9902.30.65 N-(1,1-dimethylethyl)deca-hydro-2-[2-hydroxy-3-[(3- hydroxy-2-methylbenzoyl)- amino]-4- (phenylthio)butyl]-3-isoquinolinecarboxamide, [3S- [2(2S*,3S*), 3.a.,4a.b.,8a.b.]] (CAS No. 159989–64–7) (provided for in subheading 2933.40.60) ...... Free No change No change On or before 3/31/97’’.

(b) EFFECTIVE DATE.—The amendment made ‘‘(cc) territories and possessions of the United (1) by inserting ‘‘or section 701(c)’’ after ‘‘sec- by subsection (a) applies with respect to goods States, and tion 303’’ each place it appears in the section entered, or withdrawn from warehouse for con- ‘‘(dd) such adjacent islands; heading and text; and sumption, on or after the date that is 15 days ‘‘(ii) the arrival of any railroad car the jour- (2) in subsections (a)(2) and (c) by striking after the date of the enactment of this Act. ney of which originates and terminates in the ‘‘under section 303(a)(2)’’. SEC. 37. TREATMENT OF CERTAIN ENTRIES OF same country, but only if no passengers board SEC. 40. TREATMENT OF DIFFERENCE BETWEEN BUFFALO LEATHER. or disembark from the train and no cargo is COLLECTIONS OF ESTIMATED ANTI- Notwithstanding section 514 of the Tariff Act loaded or unloaded from such car while the car DUMPING DUTY AND FINAL AS- of 1930 (19 U.S.C. 1514) or any other provision of is within any country other than the country in SESSED DUTY UNDER ANTIDUMPING law, buffalo leather, provided for in subheading which such car originates and terminates; DUTY ORDER. 4104.39.20 of the Harmonized Tariff Schedule of ‘‘(iii) the arrival of any ferry; or Section 737(a) of the Tariff Act of 1930 (19 the United States, that is a product of Thailand ‘‘(iv) the arrival of any passenger on board a U.S.C. 1673f(a)) is amended— and entered into the United States under entry commercial vessel traveling only between ports numbers M42–1113868–8 and M42–1113939–7, (1) in the matter preceding paragraph (1) by which are within the customs territory of the striking ‘‘deposit collected’’ and inserting ‘‘de- shall, upon proper request filed with the Cus- United States. toms Service not later than 90 days after the posit, or the amount of any bond or other secu- ‘‘(B) The exemption provided for in subpara- date of the enactment of this Act, be liquidated rity, required’’; graph (A) shall not apply in the case of the ar- or reliquidated, as appropriate, as if entered on (2) in paragraph (1) by striking ‘‘the cash de- rival of any passenger on board a commercial June 30, 1995. posit collected’’ and inserting ‘‘that the cash de- vessel whose journey originates and terminates posit, bond, or other security’’; and SEC. 38. FEES FOR CERTAIN CUSTOMS SERVICES. at the same place in the United States if there (a) IN GENERAL.—Section 13031(a)(5) of the are no intervening stops. (3) in paragraph (2) by striking ‘‘refunded, to Consolidated Omnibus Budget Reconciliation ‘‘(C) The exemption provided for in subpara- the extent the cash deposit’’ and inserting ‘‘re- Act of 1985 (19 U.S.C. 58c(a)(5)) is amended— graph (A)(i) shall not apply to fiscal years 1994, funded or released, to the extent that the cash (1) in subparagraph (A), by inserting ‘‘a 1995, 1996, and 1997.’’. deposit, bond, or other security’’. place’’ after ‘‘aircraft from’’; and (c) FEE ASSESSED ONLY ONCE.—Section SEC. 41. CERTAIN LEAD FUEL TEST ASSEMBLIES. (2) in subparagraph (B), by striking ‘‘sub- 13031(b)(4) of the Consolidated Omnibus Budget (a) IN GENERAL.—Notwithstanding section 514 section (b)(1)(A)’’ and inserting ‘‘subsection Reconciliation Act of 1985 (19 U.S.C. 58c(b)(4)) is (b)(1)(A)(i)’’. of the Tariff Act of 1930 (19 U.S.C. 1514) or any amended— other provision of law, the Secretary of the (b) LIMITATION ON FEES.—Section 13031(b)(1) (1) by redesignating subparagraphs (A) and of the Consolidated Omnibus Budget Reconcili- Treasury shall— (B) as clauses (i) and (ii), respectively; ation Act of 1985 (19 U.S.C. 58c(b)(1)) is amend- (1) liquidate or reliquidate as free of duty the ed to read as follows: (2) by striking ‘‘No fee’’ and inserting ‘‘(A) No entries listed in subsection (b), and fee’’; and ‘‘(b) LIMITATIONS ON FEES.—(1)(A) No fee may (2) refund any duties paid with respect to be charged under subsection (a) of this section (3) by adding at the end the following new such entry, subparagraph: for customs services provided in connection if the importer files a request therefor with the ‘‘(B) In the case of a commercial vessel mak- with— Customs Service within 90 days after the date of ing a single voyage involving 2 or more United ‘‘(i) the arrival of any passenger whose jour- the enactment of this Act. ney— States ports with respect to which the pas- (b) ENTRIES.—The entries referred to in sub- ‘‘(I) originated in— sengers would otherwise be charged a fee pursu- section (a) are as follows: ‘‘(aa) Canada, ant to subsection (a)(5), such fee shall be charged only 1 time for each passenger.’’. ‘‘(bb) Mexico, Entry Number Date of Entry ‘‘(cc) a territory or possession of the United (d) EFFECTIVE DATE.—The amendments made States, or by this section shall take effect as if included in 110–0675952–3 March 9, 1990 ‘‘(dd) any adjacent island (within the mean- the amendments made by section 521 of the 110–1525996–0 September 19, 1990 ing of section 101(b)(5) of the Immigration and North American Free Trade Agreement Imple- 110–3667810–7 November 7, 1990 Nationality Act (8 U.S.C. 1101(b)(5))), or mentation Act. 110–1526938–1 December 21, 1990. ‘‘(II) originated in the United States and was SEC. 39. INJURY DETERMINATIONS FOR CERTAIN limited to— COUNTERVAILING DUTY ORDERS. SEC. 42. SUSPENSION OF DUTY ON CERTAIN IN- ‘‘(aa) Canada, Section 753 of the Tariff Act of 1930 (19 U.S.C. JECTION MOLDING MACHINES. ‘‘(bb) Mexico, 1675b) is amended— (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical se- quence the following new heading: H12160 CONGRESSIONAL RECORD — HOUSE September 28, 1996 ‘‘ 9902.84.77 Automated multi-plunger transfer presses, suitable for use in the encapsulation with thermosetting mate- rials of diodes, transistors, and similar semiconductor devices or electronic integrated circuits (provided for in subheading 8477.10.80) ...... Free No change No change On or before 12/31/2000’’.

(b) EFFECTIVE DATE.—The amendment made Entry Number Date of Entry Entry Number Date of Entry by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for con- 86–215185–4 December 2, 1985 110–1286165–1 March 16, 1988 sumption, on or after the 15th day after the date 86–215310–8 December 16, 1985 110–1908453–9 April 22, 1988 of the enactment of this Act. 85–602949–7 April 15, 1985 110–1908567–6 May 11, 1988 SEC. 43. RELIQUIDATION OF CERTAIN ENTRIES 85–602950–7 April 19, 1985 110–1908567–6 May 11, 1988 OF COLOR TELEVISIONS. 85–602966–2 April 19, 1985 110–1908928–0 June 29, 1988 (a) IN GENERAL.—Notwithstanding sections 85–603347–0 April 26, 1985 110–1129739–4 May 13, 1988 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 85–603523–2 May 8, 1985 110–1131047–8 August 4, 1988 1514 and 1520), or any other provision of law, 85–604545–5 May 31, 1985 110–1133675–4 January 6, 1989 the Customs Service shall, not later than 90 86–383795–7 April 22, 1986 110–1286261–8 April 7, 1988 days after the date of the enactment of this Act, 110–1905894–7 February 23, 1987 110–1286261–8 April 7, 1988 liquidate or reliquidate those entries made at 86–216530–3 April 16, 1986 110–1286492–9 May 12, 1988 various ports, which are listed in subsection (c), 110–0269614–1 January 12, 1987 110–1286492–9 May 12, 1988 in accordance with the final results of the ad- 110–0269942–6 January 19, 1987 110–1286492–9 May 12, 1988 ministrative reviews, covering the period from 110–0269947–5 January 19, 1987 110–1286677–5 June 16, 1988 April 1, 1984, through March 31, 1991, conducted 110–0269942–6 January 22, 1987 110–1286796–3 July 7, 1988 by the International Trade Administration of 86–477371–9 August 14, 1986 110–1286965–4 August 4, 1988 the Department of Commerce for such entries 86–477371–9 August 20, 1986 110–1286965–4 August 4, 1988 (case number A–580–008). 331–3808023–0 October 20, 1986 110–1288931–4 December 8, 1988 (b) PAYMENT OF AMOUNTS OWED.—Any 331–3808023–0 October 20, 1986 110–0301260–3 May 12, 1989 amounts owed by the United States pursuant to 86–198869–1 September 9, 1986 110–0301272–8 May 19, 1989 the liquidation or reliquidation of an entry 86–198893–4 September 17, 1986 110–0153952–4 September 3, 1989 under subsection (a) shall be paid by the Cus- 86–198964–5 October 14, 1986 110–1135558–0 May 12, 1989 toms Service within 90 days after such liquida- 331–3807959–6 October 15, 1986 110–1135558–0 May 12, 1989 tion or reliquidation. 331–3807959–6 October 15, 1986 110–1136677–7 July 11, 1989 (c) ENTRY LIST.—The entries referred to in 331–3807959–6 October 15, 1986 110–1139014–0 November 24, 1989 subsection (a) are the following: 331–3807959–6 October 15, 1986 110–1294013–3 September 14, 1989 331–3808023–0 October 20, 1986 110–1298751–4 May 15, 1990 Entry Number Date of Entry 331–3812541–5 December 26, 1986 331–3812541–5 December 26, 1986 110–1274861–9 March 4, 1987 84–915604–7 July 6, 1984 331–3813766–7 February 19, 1987 110–1274863–5 March 4, 1987 84–915604–7 July 6, 1984 110–1123057–7 January 2, 1987 110–1275349–4 May 12, 1987 84–915830–4 July 17, 1984 110–1124082–4 March 26, 1987 110–1285836–8 August 31, 1988 84–916057–0 August 9, 1984 110–1272348–9 November 14, 1986 110–1286179–2 March 25, 1988 84–916057–0 August 9, 1984 110–1272348–9 November 14, 1986 110–1286180–0 March 25, 1988 84–916302–7 July 28, 1984 110–1272505–4 December 10, 1986 110–1286181–8 March 25,1988 84–916323–4 July 28, 1984 110–1272505–4 December 10, 1986 110–1286265–9 April 5, 1988 84–916302–7 July 30, 1984 110–1273532–7 January 10, 1987 110–1286507–4 May 12, 1988 84–525823–7 September 20, 1984 110–1274561–5 February 20, 1987 110–1286580–1 May 26, 1988 84–525823–7 September 25, 1984 110–1274921–1 March 6, 1987 110–1286582–7 May 26, 1988 84–525971–5 October 17, 1984 110–1275320–5 March 23, 1987 110–1286584–3 May 26, 1988 84–525971–5 October 17, 1984 110–1275321–3 March 31, 1987 110–1286634–6 June 7, 1988 84–525971–5 October 17, 1984 110–1907947–1 January 22, 1988 110–1286681–7 June 18, 1988 84–525971–5 October 17, 1984 110–1906495–2 June 5, 1987 110–1286751–8 June 23, 1988 84–525971–5 October 17, 1984 110–1906599–1 June 22, 1987 110–1286782–3 July 7, 1988 85–279644–9 October 4, 1984 110–1906599–1 June 22, 1987 110–1286879–7 July 27, 1988 85–279654–6 October 9, 1984 110–1906856–5 August 2, 1987 110–1286881–3 August 1, 1988 85–280518–1 December 28, 1984 110–1907967–9 January 27, 1988 110–1286882–1 August 10, 1988 85–280518–1 December 28, 1984 110–1908198–0 March 4, 1988 110–1286925–8 July 27, 1988 85–102631–4 November 13, 1984 110–1908178–2 March 10, 1988 110–1286927–4 August 1, 1988 85–102631–4 November 13, 1984 110–0294344–8 May 6, 1987 110–1286972–0 August 11, 1988 85–401288–5 October 8, 1984 110–0294344–8 June 5, 1987 110–1286991–0 August 1, 1988 84–444821–3 August 3, 1984 110–1124130–1 April 1, 1987 110–1286993–6 August 1, 1988 84–444821–3 August 3, 1984 110–1124130–1 April 2, 1987 110–1287029–8 August 15, 1988 85–422162–4 October 31, 1984 110–1124130–1 April 2, 1987 110–1287030–6 August 15, 1988 85–422162–4 October 31, 1984 110–1125551–7 July 17, 1987 110–1287031–4 August 15, 1988 84–215744–1 July 6, 1984 110–1125551–7 July 17, 1987 110–1287032–2 August 15, 1988 84–216018–2 August 6, 1984 110–1126810–6 October 27, 1987 110–1287061–1 August 15, 1988 84–208013–6 July 30, 1984 110–1127047–4 November 6, 1987 110–1287062–9 August 15, 1988 84–208013–6 July 30, 1984 110–1127620–8 December 23, 1987 110–1287078–5 August 17, 1988 84–208511–5 July 30, 1984 110–1275844–4 April 16, 1987 110–1287095–9 August 19, 1988 84–208013–6 August 1, 1984 110–1278958–9 September 10, 1987 110–1287147–8 September 2, 1988 84–208968–7 August 7, 1984 110–1278958–9 September 10, 1987 110–1288475–2 November 23, 1988 84–208968–7 August 7, 1984 110–1279151–0 September 18, 1987 110–1288478–8 November 10, 1988 85–151075–2 February 5, 1985 110–1279825–9 October 8, 1987 110–1289801–8 January 20, 1989 85–210038–1 March 27, 1985 110–1279767–3 October 16, 1987 110–1293960–6 September 11, 1989 84–780372–9 August 3, 1984 110–1280177–2 October 21, 1987 110–1296719–3 February 12, 1990. 84–781699–4 September 6, 1984 110–1280206–9 October 22, 1987 84–781699–4 September 6, 1984 110–1282001–2 January 12 1988 SEC. 44. ARTICLES USED TO PROVIDE REPAIR 84–781699–4 September 6, 1984 110–1282566–4 February 11, 1988 AND MAINTENANCE SERVICES. 84–781846–8 September 18, 1984 110–1282642–3 February 11, 1988 (a) IN GENERAL.—Subchapter I of chapter 98 85–944006–0 May 3, 1985 110–1286015–8 February 22, 1988 of the Harmonized Tariff Schedule of the United 85–294383–6 August 27, 1985 110–1286165–1 March 16, 1988 States is amended by inserting in numerical se- 86–215010–1 October 30, 1985 110–1286165–1 March 16, 1988 quence the following new heading: September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12161 ‘‘ 9801.00.85 Professional books, implements, instruments, and tools of trade, occupation, or employment, when returned to the United States after having been exported for use tempo- rarily abroad, if imported by or for the account of the per- son who exported such items ...... Free Free’’.

(b) EFFECTIVE DATE.—The amendment made SEC. 45. YTTRIUM OXIDE AND CERIUM ALUMINUM States is amended by inserting in numerical se- by subsection (a) applies to articles entered, or TERBIUM USED AS LUMINOPHORES. quence the following new heading: withdrawn from warehouse for consumption, on (a) IN GENERAL.—Subchapter II of chapter 99 or after the 15th day after the date of the enact- of the Harmonized Tariff Schedule of the United ment of this Act. ‘‘ 9902.32.06 Yttrium oxide and cerium aluminum terbium of a kind used as luminophores (provided for in subheading 3206.50.00) ...... Free No No On or before 12/31/2000’’. change change

(b) EFFECTIVE DATE.—The amendment made SEC. 48. ARTICLES PROVIDED TO STEWARD OB- SEC. 49. RELIQUIDATION OF CERTAIN FROZEN by subsection (a) applies to articles entered, or SERVATORY. CONCENTRATED ORANGE JUICE EN- withdrawn from warehouse for consumption, on (a) ARTICLES PROVIDED BY MAX PLANCK IN- TRIES. or after the 15th day after the date of the enact- STITUTE.— (a) IN GENERAL.—Notwithstanding sections ment of this Act. (1) IN GENERAL.—Subsection (f) of section 240 514 and 520 of the Tariff Act of 1930 (19 U.S.C. of the Trade and Tariff Act of 1984 (98 Stat. 1514 and 1520), or any other provision of law, SEC. 46. PHARMACEUTICAL GRADE 2994) is amended by striking ‘‘and before Novem- PHOSPHOLIPIDS. the United States Customs Service shall, not ber 1, 1993’’. later than 90 days after the date of the enact- Notwithstanding section 514 of the Tariff Act (2) TECHNICAL AMENDMENTS.— ment of this Act, liquidate or reliquidate those of 1930 (19 U.S.C. 1514), or any other provision (A) Section 240(a)(1)(A) of such Act is amend- entries listed in subsection (c) in accordance of law, upon proper request filed with the Cus- ed by striking ‘‘headnote 6(a) of part 4 of sched- with the final results of the administrative re- toms Service not later than 90 days after the ule 8 of the Tariff Schedules of the United view, covering the period from June 7, 1987, date of the enactment of this Act, any entry, or States (19 U.S.C. 1202)’’ and inserting ‘‘U.S. through January 31, 1990, conducted by the withdrawal from warehouse for consumption, of note 6(a) of subchapter X of chapter 98 of the International Trade Administration of the De- pharmaceutical grade phospholipids that— Harmonized Tariff Schedule of the United partment of Commerce for such entries (case (1) was made under subheading 2923.20.00 of States (19 U.S.C. 3007)’’. number A–351–605). the Harmonized Tariff Schedule of the United (B) Section 240(e) of such Act is amended by (b) PAYMENT OF AMOUNTS OWED.—Any States; striking ‘‘headnote 1 of part 4 of schedule 8 (19 amounts owed by the United States pursuant to (2) with respect to which a lower rate of duty U.S.C. 1202)’’ and inserting ‘‘U.S. note 1 of sub- the liquidation or reliquidation of an entry would have applied if such entry or withdrawal chapter X of chapter 98 of the Harmonized Tar- under subsection (a) shall be paid by the Cus- had been made under subheading 2923.20.10 or iff Schedule of the United States’’. toms Service within 90 days after such liquida- 2923.20.20 of such Schedule; and (3) EFFECTIVE DATE.— (A) IN GENERAL.—The amendments made by tion or reliquidation. (3) was made after March 29, 1991, and before this subsection shall apply with respect to arti- (c) ENTRY LIST.—The entries referred to in January 1, 1995; cles entered, or withdrawn from warehouse for subsection (a) are the following: shall be liquidated or reliquidated as if such consumption, on or after the date that is 15 days lower rate of duty applied to such entry or with- after the date of the enactment of this Act. Entry Number Date of Entry drawal. (B) RELIQUIDATION.—Notwithstanding section SEC. 47. CERTAIN STRUCTURES, PARTS AND COM- 514 of the Tariff Act of 1930 (19 U.S.C. 1514), or 032–01195421 June 18, 1987 PONENTS USED IN THE GEMINI any other provision of law, upon a request filed 032–01195462 June 7, 1987 TELESCOPES PROJECT, MAUNA KEA, with the Customs Service on or before the 90th 032–01219825 September 14, 1987 HAWAII. day after the date of the enactment of this Act, 032–01225350 October 16, 1987 (a) IN GENERAL.—The Secretary of the Treas- any entry, or withdrawal from warehouse for 032–01225376 October 19, 1987 ury is authorized and directed to admit free of consumption, of an article— 032–01225392 October 19, 1987 duty after March 31, 1997, the following articles (i) that was made after October 31, 1993, and 032–01236019 November 12, 1987 for the use of the Association of Universities for before the 15th day after the date of the enact- 032–01249301 January 8, 1988 Research in Astronomy, Inc. in the construction ment of this Act, and 032–01257361 February 17, 1988 of the Gemini North Telescope, Mauna Kea, Ha- (ii) with respect to which there would have 032–01261470 March 24, 1988 waii, as part of the international Gemini 8- been no duty, if the amendments made by this 032–01373267 April 20, 1989 Meter Telescopes Project: subsection applied to such entry, 032–01377870 May 12, 1989 (1) The telescope enclosure, produced by Coast shall be liquidated or reliquidated as though 032–01381757 May 15, 1989 Steel Fabricators, Ltd., Port Coquitlam, British such entry or withdrawal occurred on the 15th 032–01381781 May 24, 1989 Columbia, Canada. day after the date of the enactment of this Act. 032–01422254 October 23, 1989 (2) The telescope structure assemblies, pro- (b) TELESCOPE COMPONENTS, PARTS, AND 032–01422270 October 24, 1989 duced by G.I.E. Telas, Cannes le Bocca, France. EQUIPMENT PROVIDED BY ARCETRI ASTROPHYSI- 032–01428475 November 22, 1989 CAL OBSERVATORY AND MAX PLANCK INSTI- (3) The telescope mirror coating plant, pro- 032–01441056 December 22, 1989 TUTE.— duced by the Royal Greenwich Observatories, 032–01441072 December 22, 1989 (1) IN GENERAL.—The Secretary of the Treas- Cambridge, United Kingdom. 032–01488792 May 24, 1990 ury is authorized and directed to admit free of 102–01085312 June 7, 1987 (4) The telescope primary mirror, polished by duty on and after the date that is 15 days after REOSC, Saint-Pierre-du-Perray, France. 102–01089603 August 15, 1987 the date of the enactment of this Act, the large 102–01092748 September 14, 1987 (5) The telescope secondary mirror, produced binocular telescope components, parts, and 102–01103487 February 5, 1988 by Carl Zeiss, Oberkochen, Germany. equipment provided by the Arcetri Astrophysical 102–01131702 January 17, 1989 (6) The telescope acquisition, guiding, and Observatory and the Max Planck Institute for 102–01139812 May 2, 1989 wavefront sensing equipment, produced by the use by the Steward Observatory of the Univer- 102–01141040 May 15, 1989 Royal Greenwich Observatories, Cambridge, sity of Arizona. 102–01559141 January 31, 1990. United Kingdom. (2) RELIQUIDATION.—If the liquidation of the (b) RELIQUIDATION.—If the liquidation of the entry of the article described in paragraph (1) SEC. 50. TWINE, CORDAGE, ROPES, AND CABLES. entry of any article described in subsection (a) has become final before the date that is 15 days (a) TARIFF REDUCTION.—Chapter 56 of the has become final before April 1, 1997, the entry after the date of the enactment of this Act, the Harmonized Tariff Schedule of the United shall, notwithstanding any other provision of entry shall, notwithstanding any other provi- States is amended by striking subheading law, be reliquidated on April 1, 1997, in accord- sion of law, be reliquidated on such date of en- 5607.50.20 and inserting the following new supe- ance with the provisions of this section and the actment, in accordance with the provisions of rior text and subheadings, with the superior text appropriate refund of duty made at the time of this subsection and the appropriate refund of having the same degree of indentation as the ar- such reliquidation. duty made at the time of such reliquidation. ticle description for subheading 5607.50.40: ‘‘ Not braided or plaited: H12162 CONGRESSIONAL RECORD — HOUSE September 28, 1996 5607.50.25 3-ply or 4-ply multi-colored twine having a final ‘‘S’’ twist, containing at least 10 percent by weight of cotton, measuring less than 3.5 mm in diameter ...... 7.8% Free (IL) 76.5% 1.6% (CA) 4.4% (MX) 5607.50.35 Other ...... 26.1¢/kg + Free (IL) 27.6¢/kg + 76.5% 14.2% 5.5¢/kg + 3% (CA) 9.7% (MX)’’.

(b) STAGED RATE REDUCTIONS.—The rates of (1) IN GENERAL.—The amendments made by the United States (as added by subsection (a)) duty in the general subcolumn of rate column this section apply with respect to goods entered, that was made— numbered 1, and the rates of duty for goods of or withdrawn from warehouse for consumption, (A) after December 31, 1988; and Canada and for goods of Mexico in the special on or after the 15th day after the date of the en- (B) before the 15th day after the date of the subcolumn of rate column numbered 1, for sub- actment of this Act. enactment of this Act; headings 5607.50.25 and 5607.50.35 of the Har- shall be liquidated or reliquidated as though the monized Tariff Schedule of the United States (as (2) RETROACTIVE APPLICATION.—Notwith- standing section 514 of the Tariff Act of 1930, or amendment made by subsection (a) applied to added by subsection (a)) shall be accorded the entry or withdrawal from warehouse. staged reductions previously proclaimed by the any other provision of law, upon a request filed with the Customs Service not later than 90 days SEC. 51. SUSPENSION OF DUTY ON CERTAIN President for the corresponding rates of duty for FATTY ACID ESTERS. subheadings 5607.49.15 and 5607.50.20 of the after the date of the enactment of this Act, any (a) IN GENERAL.—Subchapter II of chapter 99 entry, or withdrawal from warehouse for con- Harmonized Tariff Schedule of the United of the Harmonized Tariff Schedule of the United sumption, of an article described in subheading States, respectively. States is amended by inserting in numerical se- 5607.50.25 of the Harmonized Tariff Schedule of (c) EFFECTIVE DATE.— quence the following new heading: ‘‘ 9902.38.24 Mixtures of octanoic acid, methyl ester and decanoic acid, methyl ester; mixtures of dodecanoic acid, methyl ester and tetradecanoic acid, methyl ester; and mixtures of hexadecanoic acid, methyl ester, octadecanoic acid, methyl ester, octadecenoic acid, methyl ester (all of the foregoing provided for in subheading 3824.90.40) ...... Free No change No change On or before 12/31/2000’’.

(b) EFFECTIVE DATE.—The amendment made 1514 and 1520), or any other provision of law Entry Number Date of Entry by subsection (a) applies to goods entered, or and subject to the provisions of subsection (b), withdrawn from warehouse for consumption, on the Customs Service shall, not later than 90 3120288 October 31, 1988 or after the 15th day after the date of the enact- days after the receipt of the request described in 3120450 November 3, 1988 ment of this Act. subsection (b), liquidate or reliquidate those en- 3120581 November 4, 1988 SEC. 52. DUTY SUSPENSION ON A MOBILE BISON tries listed in subsection (d), in accordance with 3120754 November 10, 1988 SLAUGHTER UNIT. the final results of the administrative review, 4176900 November 15, 1988 The Secretary of the Treasury shall admit free covering the period April 1, 1988, through March 3120843 November 16, 1988 of duty a Mobile Bison Slaughter Unit for use 31, 1989, conducted by the International Trade 3121067 November 22, 1988 by the Pte Hca Ka. If the liquidation of the Administration of the Department of Commerce 3121138 November 23, 1988 entry of the Mobile Bison Slaughter Unit be- for such entries (case number C–122–404). 3121149 November 25, 1988 comes final before the date of the enactment of (b) REQUESTS.—Reliquidation may be made 3121200 November 28, 1988 this Act, the Secretary of the Treasury shall, under subsection (a) with respect to an entry 4177953 November 28, 1988 notwithstanding section 514 of the Tariff Act of described in subsection (d) only if a request 3121241 November 29, 1988 1930 (19 U.S.C. 1514), or any other provision of therefor is filed with the Customs Service within 3121350 November 30, 1988 law, upon proper request filed with the Customs 90 days after the date of the enactment of this 3121412 December 2, 1988 Service— Act and the request contains sufficient informa- 3121503 December 6, 1988 (1) within 90 days after such request is filed, tion to enable the Customs Service to locate the 3121621 December 7, 1988 reliquidate the entry in accordance with the entry or reconstruct the entry if it cannot be lo- 3121669 December 9, 1988 provisions of this section; and cated. 3121744 December 12, 1988 (2) at the time of such reliquidation, make the (c) PAYMENT OF AMOUNTS OWED.—Any 3121803 December 13, 1988. appropriate refund of any duty paid with re- amounts owed by the United States pursuant to spect to the entry. the liquidation or reliquidation of an entry SEC. 55. RELIQUIDATION OF CERTAIN ENTRIES SEC. 53. EXEMPTION FROM TARIFFS AND FEES under subsection (a) shall be paid by the Cus- OF SEWING MACHINES. FOR CERTAIN AIRCRAFT PARTS AND EQUIPMENT. toms Service within 90 days after such liquida- (a) IN GENERAL.—Notwithstanding sections General Note 16 of the Harmonized Tariff tion or reliquidation. 514 and 520 of the Tariff Act of 1930 (19 U.S.C. Schedule of the United States is amended— (d) ENTRY LIST.—The entries referred to in 1514 and 1520), or any other provision of law, (1) by striking ‘‘and’’ at the end of subdivision subsection (a) are the following: upon the importer of record demonstrating to (d), the Customs Service within 90 days after the (2) by inserting ‘‘and’’ at the end of subdivi- Entry Number Date of Entry date of the enactment of this Act that an entry sion (e), and described in subsection (c) is qualified for reim- (3) by inserting immediately after subdivision 0328636 April 4, 1988 bursement based on the decision issued by the (e), the following new subdivision: 0328635 April 5, 1988 United States Court of International Trade in ‘‘(f) any aircraft part or equipment that was 3114146 April 12, 1988 Pfaff American Sales Corp. v. United States, 17 removed from a United States-registered aircraft 3114193 April 13, 1988 CIT 550 (1993), the entry shall be liquidated or while being used abroad in international traffic 3114469 April 21, 1988 reliquidated pursuant to such decision. because of accident, breakdown, or emergency, 3114629 April 26, 1988 AYMENT OF AMOUNTS OWED.—Any that was returned to the United States within 45 3114624 April 27, 1988 (b) P amounts owed by the United States pursuant to days after removal, and that did not leave the 3114707 April 28, 1988 the liquidation or reliquidation of an entry custody of the carrier or foreign customs service 0328611 April 28, 1988 under subsection (a) shall be paid by the Cus- while abroad,’’. 3120073 October 24, 1988 toms Service within 90 days after such liquida- SEC. 54. RELIQUIDATION OF CERTAIN ENTRIES 3120143 October 25, 1988 OF LIVE SWINE. 3120156 October 26, 1988 tion or reliquidation. (a) IN GENERAL.—Notwithstanding sections 3120208 October 27, 1988 (c) ENTRIES DESCRIBED.—The entries referred 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 3120264 October 28, 1988 to in subsection (a) are the following:

Entry number Date of entry Date of liquidation 558–0910359–5 October 17, 1989 ...... October 5, 1990 558–0912182–9 December 12, 1989 ...... June 21, 1991 558–0014104–0 February 15, 1990 ...... June 21, 1991 September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12163

558–0015018–1 March 5, 1990 ...... June 15, 1990 558–0017399–3 May 11, 1990 ...... September 7, 1990 558–0022654–4 October 29, 1990 ...... February 22, 1991 558–0022925–8 October 29, 1990 ...... February 22, 1991 558–0024202–0 December 20, 1990 ...... June 21, 1991 558–0126244–9 March 7, 1991 ...... June 28, 1991 558–0127195–2 April 8, 1991 ...... July 26, 1991 558–0128001–1 May 13, 1991 ...... September 13, 1991 558–0129908–6 July 22, 1991 ...... November 22, 1991 558–0130242–7 July 25, 1991 ...... November 22, 1991 558–0130520–6 August 14, 1991 ...... December 20, 1991 558–0130816–8 August 20, 1991 ...... December 20, 1991 558–0130909–1 August 26, 1991 ...... December 27, 1991 558–0131228–5 September 5, 1991 ...... January 24, 1992 558–0131341–6 September 5, 1991 ...... January 3, 1992 558–0131550–2 September 11, 1991 ...... December 27, 1991 558–0131548–6 September 18, 1991 ...... January 3, 1992 558–0131738–3 September 25, 1991 ...... January 17, 1992 558–0132026–2 September 30, 1991 ...... September 26, 1993 558–0132327–4 October 7, 1991 ...... January 31, 1992 558–0132439–7 October 16, 1991 ...... January 10, 1992 558–0132581–6 October 24, 1991 ...... February 14, 1992 558–0132733–3 October 29, 1991 ...... February 14, 1992 558–0133193–9 November 12, 1991 ...... March 6, 1992 558–0133194–7 November 13, 1991 ...... March 6, 1992 558–0133454–5 November 21, 1991 ...... April 10, 1992 558–0133248–1 November 25, 1991 ...... March 20, 1992 558–0134088–0 December 10, 1991 ...... April 3, 1992 558–0134201–9 December 13, 1991 ...... April 3, 1992 558–0134351–2 December 23, 1991 ...... May 21, 1992 558–0134659–8 January 2, 1992 ...... May 1, 1992 558–0235155–5 January 8, 1992 ...... May 1, 1992 558–0235573–9 January 31, 1992 ...... June 19, 1992 558–0235748–7 February 10, 1992 ...... June 5, 1992 558–0235908–7 February 11, 1992 ...... June 12, 1992 558–0236144–8 February 18, 1992 ...... June 5, 1992 558–0236326–1 March 3, 1992 ...... June 26, 1992 558–0236540–7 March 3, 1992 ...... June 26, 1992 558–0236676–9 March 9, 1992 ...... July 10, 1992 558–0237217–1 March 31, 1992 ...... July 24, 1992 558–0237335–1 April 2, 1992 ...... July 21, 1992 558–0237440–9 April 9, 1992 ...... August 17, 1992 558–0237712–1 April 15, 1992 ...... August 14, 1992 558–0237968–9 April 23, 1992 ...... August 14, 1992 558–0238240–2 April 29, 1992 ...... August 21, 1992 558–0238343–4 May 4, 1992 ...... September 4, 1992 558–0238659–3 May 19, 1992 ...... September 18, 1992 558–0239208–8 June 1, 1992 ...... September 25, 1992 558–0239321–9 June 4, 1992 ...... September 25, 1992 558–0239551–1 June 15, 1992 ...... October 9, 1992 558–0239653–5 June 16, 1992 ...... October 9, 1992 558–0240134–3 July 9, 1992 ...... November 6, 1992 558–0240840–5 July 13, 1992 ...... December 4, 1992 558–0240842–1 July 21, 1992 ...... November 6, 1992 558–0241524–4 August 10, 1992 ...... December 11, 1992 558–0242334–7 September 3, 1992 ...... January 4, 1993 558–0242547–4 September 15, 1992 ...... January 8, 1993 558–0243505–1 October 13, 1992 ...... February 12, 1993 558–0243944–2 October 26, 1992 ...... February 26, 1993 558–0244841–9 November 23, 1992 ...... March 19, 1993 558–0245110–8 November 30, 1992 ...... April 9, 1993 558–0245700–6 December 21, 1992 ...... April 16, 1993 558–0346317–7 January 11, 1993 ...... May 14, 1993 558–0348026–2 March 16, 1993 ...... July 16, 1993 558–0348327–4 March 23, 1993 ...... July 16, 1993.

SEC. 56. TEMPORARY DUTY SUSPENSION ON CER- States is amended by inserting in numerical se- TAIN TEXTURED ROLLED GLASS quence the following new heading: SHEETS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United ‘‘ 9902.70.03 Rolled glass in sheets, yellow-green in color, not fin- ished or edged-worked, textured on one surface, suit- able for incorporation in cooking stoves, ranges, or ovens described in subheading 8516.60.40 (provided for in subheadings 7003.12.00 or 7003.19.00) ...... Free No change No change On or before 12/31/98’’.

(b) EFFECTIVE DATE.— (2) RETROACTIVE APPLICABILITY.—Notwith- Tariff Schedule of the United States (as amend- (1) IN GENERAL.—The amendment made by standing section 514 of the Tariff Act of 1930 (19 ed by subsection (a))— this section applies to articles entered, or with- U.S.C. 1514) or any other provision of law, upon (A) which was made after January 1, 1995, drawn from warehouse for consumption, on or proper request filed with the Customs Service on and before the 15th day after the date of the en- after the 15th day after the date of the enact- or before the 90th day after the date of the en- actment of this Act; and ment of this Act. actment of this Act, the entry of any article de- scribed in heading 9902.70.03 of the Harmonized H12164 CONGRESSIONAL RECORD — HOUSE September 28, 1996 (B) with respect to which there would have shall be liquidated or reliquidated as though SEC. 57. TEMPORARY SUSPENSION OF DUTY ON been no duty if the amendment made by this such entry had been made on the 15th day after DEMT. section applied to such entry, the date of the enactment of this Act. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical se- quence the following new heading: ‘‘ 9902.32.12 N,N-Diethyl-m-toluidine (DEMT) (CAS No. 91–67–8) (provided for in subheading 2921.43.80) ...... Free No change No change On or before 12/31/98’’.

(b) EFFECTIVE DATE.—The amendment made These provisions have bipartisan sup- Mr. SPEAKER pro tempore. Is there by subsection (a) applies to articles entered, or port and the support of the industries objection to the original request of the withdrawn from warehouse for consumption, on involved and I would urge my col- gentleman from Illinois? or after the 15th day after the date of the enact- leagues to support this legislation. Mr. There was no objection. ment of this Act. Speaker, I thank the gentleman for A motion to reconsider was laid on SEC. 58. INVESTIGATION ON CATTLE AND BEEF TRADE. yielding to me. the table. (a) IN GENERAL.—The United States Inter- I am pleased to explain to my colleagues in f national Trade Commission shall conduct a the House the provisions of H.R. 3815, which GENERAL LEAVE study pursuant to section 332 of the Tariff Act makes miscellaneous amendments to trade Mr. CRANE. Mr. Speaker, I ask unan- of 1930, and not later than 270 days after the laws, with further amendments adopted during date of the enactment of this Act, shall report to imous consent that all Members may Senate consideration of the bill. On July 30, the appropriate committees on— have 5 legislative days within which to 1996, the House passed H.R. 3815 under sus- (1) the impact of the North American Free revise and extend their remarks on pension of the rules. Trade Agreement and the Uruguay Round H.R. 3815. Agreements on United States imports and ex- The Senate added amendments similar to The SPEAKER pro tempore. Is there ports of live cattle for slaughter and fresh, those in the House-passed bill which are objection to the request of the gen- chilled, and frozen beef; and aimed at streamlining and facilitating the ad- (2) the steps that have been taken by the tleman from Illinois? United States, since the enactment of the North ministration of U.S. trade laws. The Senate There was no objection. American Free Trade Agreement, to prevent the also added some noncontroversial duty reduc- f transshipment of live cattle and fresh, chilled, tions and suspensions, reliquidations, and re- and frozen beef through Mexico and Canada for funds for acknowledged errors by the Customs PRIVILEGES OF THE HOUSE—RE- importation into the United States. Service. These provisions have bipartisan sup- TURNING TO THE SENATE H.R. (b) APPROPRIATE COMMITTEES.—For purposes port and the support of the industries involved, 400, THE ANAKTUVUK PASS of subsection (a), the term ‘‘appropriate commit- and are of similar character to provisions al- LAND EXCHANGE AND WILDER- tees’’ means the Committee on Finance of the ready included in the House bill. NESS REDESIGNATION ACT OF Senate and the Committee on Ways and Means 1995 of the House of Representatives. One item in the House-passed version of SEC. 59. SPECIAL RULE FOR GENERALIZED SYS- H.R. 3815 was removed by the Senate. This Mr. CRANE. Mr. Speaker, I rise to a TEM OF PREFERENCES. provision would have established a general question of the privileges of the House, The President is authorized to grant waivers consultation and layover requirement for any and I offer a privileged resolution under subsections (c)(2)(F) and (d)(1) of section changes in Administration policy with respect (H.Res. 554) returning to the Senate the 503 of the Trade Act of 1974 for those products to rules of origin or country-of-origin marking bill H.R. 400 and the Senate amend- that exceeded the limitations for 1994 under sec- determinations, and a specific moratorium for ment thereto, and I ask for its imme- tion 504(c)(1) of the Trade Act of 1974, as in ef- changes in policy with respect to marking re- diate consideration. fect on June 30, 1995, and lost eligibility for The SPEAKER pro tempore. The duty-free treatment under title V of that Act as quirements for hand-tool forgings. I still sup- of July 1, 1995. In granting such waivers, the port the bill, however, because it is the expec- Clerk will report the resolution. President shall apply the provisions of sub- tation of the chairmen of the House Ways and The Clerk reads follows: sections (c)(3) and (d)(2) of section 504 of the Means Committee and the Senate Finance H. RES. 554 Trade Act of 1974, as in effect on July 31, 1995, Committee that the administration will heed Resolved, That the Senate amendment to and the references to ‘‘preceding calendar year’’ the substance of this provision even without the bill (H.R. 400) entitled the ‘‘Anaktuvuk in such section 504 shall be references to 1994. specific legislation. The committees plan to Pass Land Exchange and Wilderness Redesig- Mr. CRANE (during the reading). Mr. nation Act of 1995’’, in the opinion of this address the issues of rules of origin and would House, contravenes the first clause of the Speaker, I ask unanimous consent that be especially averse to any action by the ad- the Senate amendment be considered seventh section of the first article of the ministration in the meantime that would jeop- Constitution of the United States and is an as read and printed in the RECORD. ardize the ability of the committees of jurisdic- infringement of the privileges of this House The SPEAKER pro tempore. Is there tion to approach these issues in a considered and that such bill with the Senate amend- objection to the request of the gen- and orderly manner at that time. ment thereto be respectfully returned to the tleman from Illinois? I believe that H.R. 3815 strikes a blow for Senate with a message communicating this There was no objection. resolution. good government by streamlining our trade The SPEAKER pro tempore. Is there laws and taking care of noncontroversial tariff The SPEAKER pro tempore. The res- objection to the original request of the matters. Accordingly, I urge my colleagues to olution raises a question of the privi- gentleman from Illinois? support passage of this important legislation leges of the House. Mr. GIBBONS. Mr. Speaker, reserv- with the Senate-passed changes. The gentleman from Illinois [Mr. ing the right to object, I only reserve CRANE] will be recognized for 30 min- Mr. GIBBONS. Mr. Speaker, further the right in order to allow the gen- utes, and the gentleman from Florida reserving my right to object, I want to tleman from Illinois [Mr. CRANE] to ex- [Mr. GIBBONS] will be recognized for 30 pay tribute to the lady who sits to my plain the bill. minutes. Mr. CRANE. Mr. Speaker, will the immediate right here, Mary Jane The Chair recognizes the gentleman Wignot. She has been an effective, won- gentleman yield? from Illinois [Mr. CRANE]. Mr. GIBBONS. I yield to the gen- derful, intelligent staff member for the Mr. CRANE. Mr. Speaker, I yield my- tleman from Illinois. Subcommittee on Trade on the Com- self such time as I may consume. Mr. CRANE. Mr. Speaker, I thank mittee on Ways and Means for many (Mr. CRANE asked and was given the gentleman for yielding and would decades. permission to revise and extend his re- like to elaborate that H.R. 3815 makes She has made major contributions to marks.) miscellaneous amendments to trade the substance of legislation that has Mr. CRANE. Mr. Speaker, this reso- laws with further amendments adopted passed through our committee, com- lution is necessary to return to the during Senate consideration of the bill. plicated technical legislation. She epit- Senate the bill H.R. 400 and the Senate The Senate added amendment is simi- omizes what is best in public service amendment thereto because the lar to those in the House passed bill for our professional staff. amendment contravenes the constitu- which make technical and miscellane- Mr. Speaker, I withdraw my reserva- tional requirement that revenue meas- ous corrections to U.S. trade laws. tion of objection. ures shall originate in the House of September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12165 Representatives. The Senate amend- Mr. GIBBONS. Mr. Speaker, I yield claims that the Tribe has against the United ment to H.R. 400 would override cur- myself such time as I may consume. States; rent tax law by providing special tax Mr. Speaker, Members of the Senate (3) this Act, together with the Settlement treatment to Alaska Native Corpora- know better. This is a perpetual prob- Agreement executed on December 14, 1995, and the Accommodation Agreement (as in- tions receiving cash or property in cer- lem that we face in the House. They corporated by the Settlement Agreement), tain circumstances and, therefore, con- know that tax legislation must origi- provide the authority for the Tribe to enter travenes this constitutional require- nate in the House and is not with any agreements with eligible Navajo families in ment. deleterious remarks that I want to order for those families to remain residents Section 204(a) of the Senate amend- make about this bill, but they know of the Hopi Partitioned Lands for a period of ment achieves this result by providing better, and I think it ought to be sent 75 years, subject to the terms and conditions that, for the purposes of section 21(c) of back and I concur with the gentleman’s of the Accommodation Agreement; the Alaska Native Claims Settlement motion. (4) the United States acknowledges and re- spects— Act (43 U.S.C. 1620(c)), the receipt of Mr. Speaker, I yield back the balance (A) the sincerity of the traditional beliefs consideration by a Native Corporation of my time. of the members of the Tribe and the Navajo for the relinquishment to the United Mr. CRANE. Mr. Speaker, I have no families residing on the Hopi Partitioned States of land selection rights granted further requests for time, but I would Lands; and to any Native Corporation shall be like to take advantage of this oppor- (B) the importance that the respective tra- deemed to be an interest in land. tunity on our final day of this session ditional beliefs of the members of the Tribe Section 21 of the Alaska Native of this term to pay tribute, great trib- and Navajo families have with respect to the Claims Settlement Act addresses the ute to a gentleman that I have looked culture and way of life of those members and taxation of various actions pursuant to families; up to for many years on the Committee (5) this Act, the Settlement Agreement, that Act. Subsection (c) of section 21 on Ways and Means, our ranking mi- and the Accommodation Agreement provide provides that in certain instances the nority member now who is going into for the mutual respect and protection of the receipt of land or any interest in land retirement, but will not retire from his traditional religious beliefs and practices of shall not be subject to Federal, State, involvement I am sure, in these key is- the Tribe and the Navajo families residing on or local taxation. Section 204 of the sues of concern to all of us citizens the Hopi Partitioned Lands; Senate amendment deems the receipt here in the United States. (6) the Tribe is encouraged to work with of any consideration (whether land, Mr. Speaker, I yield back the balance the Navajo families residing on the Hopi Par- cash, or other property) to be ‘‘an in- titioned Lands to address their concerns re- of my time, and I move the previous garding the establishment of family or indi- terest in land’’ for purposes of section question on the resolution. vidual burial plots for deceased family mem- 21(c) of the Alaska Native Claims Set- The previous question was ordered. bers who have resided on the Hopi Parti- tlement Act. The SPEAKER pro tempore. The tioned Lands; and The Senate amendment expands sec- question is on the resolution. (7) neither the Navajo Nation nor the Nav- tion 21 to make the receipt of cash and The resolution was agreed to. ajo families residing upon Hopi Partitioned other property to be tax-free. Absent A motion to reconsider was laid on Lands were parties to or signers of the Set- this provision, the receipt of cash and the table. tlement Agreement between the United States and the Hopi Tribe. other property would be governed by f the rules of the Internal Revenue Code SEC. 3. DEFINITIONS. which would generally treat their re- Except as otherwise provided in this Act, NAVAJO-HOPI LAND DISPUTE for purposes of this Act, the following defini- ceipt as a taxable event. This would SETTLEMENT ACT OF 1996 tions shall apply: clearly supersede the Federal income Mr. GILCHREST. Mr. Speaker, I ask (1) ACCOMMODATION.—The term ‘‘Accommo- tax rules relating to the taxation of unanimous consent that the Commit- dation’’ has the meaning provided that term the disposition of property. tee on Resources be discharged from under the Settlement Agreement. (2) HOPI PARTITIONED LANDS.—The term The provision would have a direct ef- further consideration of the Senate bill fect on tax revenues. The proposed ‘‘Hopi Partitioned Lands’’ means lands lo- (S. 1973) to provide for the settlement cated in the Hopi Partitioned Area, as de- change in our tax laws is a ‘‘revenue af- of the Navajo-Hopi land dispute, and fecting’’ infringement on the House’s fined in section 168.1(g) of title 25, Code of for other purposes, and I ask for its im- Federal Regulations (as in effect on the date prerogatives, which constitutes a reve- mediate consideration in the House. of enactment of this Act). nue measure in the constitutional The Clerk read the title of the Senate (3) NAVAJO PARTITIONED LANDS.—The term sense. Therefore, I am asked that the bill. ‘‘Navajo Partitioned Lands’’ has the mean- House insist on its constitutional pre- The SPEAKER pro tempore. Is there ing provided that term in the proposed regu- lations issued on November 1, 1995, at 60 Fed. rogatives. objection to the request of the gen- There are numerous precedents for Reg. 55506. tleman from Maryland? the action I am requesting. In particu- (4) NEW LANDS.—The term ‘‘New Lands’’ There was no objection. lar, on June 21, 1988, the House re- has the meaning provided that term in sec- The Clerk read the Senate bill, as fol- turned to the Senate S. 727, which tion 700.701(b) of title 25, Code of Federal lows: Regulations. dealt with the tax treatment of income S. 1973 (5) SECRETARY.—The term ‘‘Secretary’’ derived from the exercise of Indian means the Secretary of the Interior. Be it enacted by the Senate and House of Rep- treaty fishing rights. (6) SETTLEMENT AGREEMENT.—The term I want to emphasize that this action resentatives of the United States of America in ‘‘Settlement Agreement’’ means the agree- does not constitute a rejection of the Congress assembled, ment between the United States and the Senate amendment on its merits. SECTION 1. SHORT TITLE. Hopi Tribe executed on December 14, 1995. Adoption of this privileged resolution This Act may be cited as the ‘‘Navajo-Hopi (7) TRIBE.—The term ‘‘Tribe’’ means the Land Dispute Settlement Act of 1996’’. to return the bill to the Senate should Hopi Tribe. SEC. 2. FINDINGS. (8) NEWLY ACQUIRED TRUST LANDS.—The in no way prejudice its consideration in The Congress finds that— term ‘‘newly acquired trust lands’’ means a constitutionally acceptable manner. (1) it is in the public interest for the Tribe, lands taken into trust for the Tribe within The proposed action today is proce- Navajos residing on the Hopi Partitioned the State of Arizona pursuant to this Act or dural in nature, and is necessary to Lands, and the United States to reach a the Settlement Agreement. preserve the prerogatives of the House peaceful resolution of the longstanding dis- SEC. 4. RATIFICATION OF SETTLEMENT AGREE- to originate revenue matters. It makes agreements between the parties under the MENT. it clear to the Senate that the appro- Act commonly known as the ‘‘Navajo-Hopi The United States approves, ratifies, and priate procedure for dealing with reve- Land Settlement Act of 1974’’ (Public Law confirms the Settlement Agreement. nue measures is for the House to act 93–531; 25 U.S.C. 640d et seq.); SEC. 5. CONDITIONS FOR LANDS TAKEN INTO (2) it is in the best interest of the Tribe TRUST. first on a revenue bill, and for the Sen- and the United States that there be a fair The Secretary shall take such action as ate to accept it or amend it as it sees and final settlement of certain issues re- may be necessary to ensure that the follow- fit. maining in connection with the Navajo-Hopi ing conditions are met prior to taking lands Mr. Speaker, I reserve the balance of Land Settlement Act of 1974, including the into trust for the benefit of the Tribe pursu- my time. full and final settlement of the multiple ant to the Settlement Agreement: H12166 CONGRESSIONAL RECORD — HOUSE September 28, 1996

(1) SELECTION OF LANDS TAKEN INTO acres of land to be taken into trust for the payments received by the Hopi Tribe under TRUST.— Tribe; the Settlement Agreement. (A) PRIMARY AREA.—In accordance with (B) the State of Arizona concurs with the section 7(a) of the Settlement Agreement, United States that the acquisition is consist- SEC. 12. WATER RIGHTS. the primary area within which lands ac- ent with the interests of the State; and (a) IN GENERAL.— quired by the Tribe may be taken into trust (C) the Tribe pays for the land acquired (1) WATER RIGHTS.—Subject to the other by the Secretary for the benefit of the Tribe through condemnation under this sub- provisions of this section, newly acquired under the Settlement Agreement shall be lo- section. trust lands shall have only the following cated in northern Arizona. (b) DISPOSITION OF LANDS.—If the Secretary water rights: (B) REQUIREMENTS FOR LANDS TAKEN INTO acquires lands through condemnation under (A) The right to the reasonable use of TRUST IN THE PRIMARY AREA.—Lands taken subsection (a), the Secretary shall take groundwater pumped from such lands. into trust in the primary area referred to in those lands into trust for the Tribe in ac- (B) All rights to the use of surface water on subparagraph (A) shall be— cordance with this Act and the Settlement such lands existing under State law on the (i) land that is used substantially for Agreement. date of acquisition, with the priority date of ranching, agriculture, or another similar (c) PRIVATE LANDS.—The Secretary may such right under State law. use; and not acquire private lands through condemna- (C) The right to make any further bene- (ii) to the extent feasible, in contiguous tion for the purpose specified in subsection ficial use on such lands which is unappropri- parcels. (a)(2)(A). ated on the date each parcel of newly ac- (2) ACQUISITION OF LANDS.—Before taking SEC. 7. ACTION TO QUIET POSSESSION. quired trust lands is taken into trust. The any land into trust for the benefit of the If the United States fails to discharge the priority date for the right shall be the date Tribe under this section, the Secretary shall obligations specified in section 9(c) of the the lands are taken into trust. ensure that— Settlement Agreement with respect to vol- (2) RIGHTS NOT SUBJECT TO FORFEITURE OR (A) at least 85 percent of the eligible Nav- untary relocation of Navajos residing on ABANDONMENT.—The Tribe’s water rights for ajo heads of household (as determined under Hopi Partitioned Lands, or section 9(d) of the newly acquired trust lands shall not be sub- the Settlement Agreement) have entered Settlement Agreement, relating to the im- ject to forfeiture or abandonment arising into an accommodation or have chosen to re- plementation of sections 700.137 through from events occurring after the date the locate and are eligible for relocation assist- 700.139 of title 25, Code of Federal Regula- lands are taken into trust. ance (as determined under the Settlement tions, on the New Lands, including failure (b) RECOGNITION AS VALID USES.— Agreement); and for reason of insufficient funds made avail- (1) GROUNDWATER.—With respect to water (B) the Tribe has consulted with the State able by appropriations or otherwise, the rights associated with newly acquired trust of Arizona concerning the lands proposed to Tribe may bring an action to quiet posses- lands, the Tribe, and the United States on be placed in trust, including consulting with sion that relates to the use of the Hopi Parti- the Tribe’s behalf, shall recognize as valid the State concerning the impact of placing tioned Lands after February 1, 2000, by a all uses of groundwater which may be made those lands into trust on the State and polit- Navajo family that is eligible for an accom- from wells (or their subsequent replace- ical subdivisions thereof resulting from the modation, but fails to enter into an accom- ments) in existence on the date each parcel removal of land from the tax rolls in a man- modation. of newly acquired trust land is acquired and ner consistent with the provisions of part 151 SEC. 8. PAYMENT TO STATE OF ARIZONA. shall not object to such groundwater uses on of title 25, Code of Federal Regulations. (a) AUTHORIZATION OF APPROPRIATIONS.— the basis of water rights associated with the (3) PROHIBITION.—The Secretary may not, Subject to subsection (b), there are author- newly acquired trust lands. The Tribe, and pursuant to the provisions of this Act and ized to be appropriated to the Department of the United States on the Tribe’s behalf, may the Settlement Agreement, place lands, any the Interior $250,000 for fiscal year 1998, to be object only to the impact of groundwater portion of which are located within or con- used by the Secretary of the Interior for uses on newly acquired trust lands which are tiguous to a 5-mile radius of an incorporated making a payment to the State of Arizona. initiated after the date the lands affected are town or city (as those terms are defined by (b) PAYMENT.—The Secretary shall make a taken into trust and only on grounds allowed the Secretary) in northern Arizona, into payment in the amount specified in sub- by the State law as it exits when the objec- trust for benefit of the Tribe without specific section (a) to the State of Arizona after an tion is made. The Tribe, and the United statutory authority. initial acquisition of land from the State has States on the Tribe’s behalf, shall not object (4) EXPEDITIOUS ACTION BY THE SEC- been made by the Secretary pursuant to sec- to the impact of groundwater uses on the RETARY.—Consistent with all other provi- tion 6. Tribe’s right to surface water established sions of this Act, the Secretary is directed to SEC. 9. 75-YEAR LEASING AUTHORITY. pursuant to subsection (a)(3) when those take lands into trust under this Act expedi- The first section of the Act of August 9, groundwater uses are initiated before the tiously and without undue delay. 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) is Tribe initiates its beneficial use of surface SEC. 6. ACQUISITION THROUGH CONDEMNATION amended by adding at the end the following water pursuant to subsection (a)(3). OF CERTAIN INTERSPERSED LANDS. new subsections: (2) SURFACE WATER.—With respect to water (a) IN GENERAL.— ‘‘(c) LEASES INVOLVING THE HOPI TRIBE AND rights associated with newly acquired trust (1) ACTION BY THE SECRETARY.— THE HOPI PARTITIONED LANDS ACCOMMODA- lands, the Tribe, and the United States on (A) IN GENERAL.—The Secretary shall take TION AGREEMENT.—Notwithstanding sub- the Tribe’s behalf, shall recognize as valid action as specified in subparagraph (B), to section (a), a lease of land by the Hopi Tribe all uses of surface water in existence on or the extent that the Tribe, in accordance with to Navajo Indians on the Hopi Partitioned prior to the date each parcel of newly ac- section 7(b) of the Settlement Agreement— Lands may be for a term of 75 years, and may quired trust land is acquired and shall not (i) acquires private lands; and be extended at the conclusion of the term of object to such surface water uses on the (ii) requests the Secretary to acquire the lease. basis of water rights associated with the through condemnation interspersed lands ‘‘(d) DEFINITIONS.—For purposes of this sec- newly acquired trust lands, but shall have that are owned by the State of Arizona and tion— the right to enforce the priority of its rights are located within the exterior boundaries of ‘‘(1) the term ‘Hopi Partitioned Lands’ against all junior water rights the exercise those private lands in order to have both the means lands located in the Hopi Partitioned of which interfere with the actual use of the private lands and the State lands taken into Area, as defined in section 168.1(g) of title 25, Tribe’s senior surface water rights. trust by the Secretary for the benefit of the Code of Federal Regulations (as in effect on (3) RULE OF CONSTRUCTION.—Nothing in Tribe. the date of enactment of this subsection); paragraph (1) or (2) shall preclude the Tribe, (B) ACQUISITION THROUGH CONDEMNATION.— and or the United States on the Tribe’s behalf, With respect to a request for an acquisition ‘‘(2) the term ‘Navajo Indians’ means mem- from asserting objections to water rights and of lands through condemnation made under bers of the Navajo Tribe.’’. uses on the basis of the Tribe’s water rights subparagraph (A), the Secretary shall, upon SEC. 10. REAUTHORIZATION OF THE NAVAJO- on its currently existing trust lands. the recommendation of the Tribe, take such HOPI RELOCATION HOUSING PRO- (c) APPLICABILITY OF STATE LAW ON LANDS action as may be necessary to acquire the GRAM. OTHER THAN NEWLY ACQUIRED LANDS.—The lands through condemnation and, with funds Section 25(a)(8) of Public Law 93–531 (25 Tribe, and the United States on the Tribe’s provided by the Tribe, pay the State of Ari- U.S.C. 640d–24(a)(8)) is amended by striking behalf, further recognize that State law ap- zona fair market value for those lands in ac- ‘‘1996, and 1997’’ and inserting ‘‘1996, 1997, plies to water uses on lands, including sub- cordance with applicable Federal law, if the 1998, 1999, and 2000’’. conditions described in paragraph (2) are surface estates, that exist within the exte- SEC. 11. EFFECT OF THIS ACT ON CASES INVOLV- rior boundaries of newly acquired trust lands met. ING THE NAVAJO NATION AND THE and that are owned by any party other than (2) CONDITIONS FOR ACQUISITION THROUGH HOPI TRIBE. the Tribe. CONDEMNATION.—The Secretary may acquire Nothing in this Act or the amendments lands through condemnation under this sub- made by this Act shall be interpreted or (d) ADJUDICATION OF WATER RIGHTS ON section if— deemed to preclude, limit, or endorse, in any NEWLY ACQUIRED TRUST LANDS.—The Tribe’s (A) that acquisition is consistent with the manner, actions by the Navajo Nation that water rights on newly acquired trust lands purpose of obtaining not more than 500,000 seek, in court, an offset from judgments for shall be adjudicated with the rights of all September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12167 other competing users in the court now pre- negotiate and discuss each issue which has The SPEAKER pro tempore. Under a siding over the Little Colorado River Adju- arisen over this matter. They have waited long previous order of the House, the gen- dication, or if that court no longer has juris- enough for this bill to pass. tleman from California [Mr. COX] is diction, in the appropriate State or Federal court. Any controversies between or among I want to thank the Navajo nation for its help recognized for 5 minutes. users arising under Federal or State law in- in getting this settlement to this point. I further [Mr. COX addressed the House. His volving the Tribe’s water rights on newly ac- wish to thank the Hopi Tribe, the tribal council, remarks will appear hereafter in the quired trust lands shall be resolved in the and particularly chairman Ferrell Secakuku Extensions of Remarks.] court now presiding over the Little Colorado and Kim Secakuku for their determination and f River Adjudication, or, if that court no long hours of hard work. longer has jurisdiction, in the appropriate The Senate bill was ordered to be The SPEAKER pro tempore. Under a State or Federal court. Nothing in this sub- read a third time, was read the third previous order of the House, the gentle- section shall be construed to affect any woman from Connecticut [Ms. court’s jurisdiction; provided, that the Tribe time, and passed, and a motion to re- DELAURO] is recognized for 5 minutes. shall administer all water rights established consider was laid on the table. in subsection (a). f [Ms. DELAURO addressed the House. (e) PROHIBITION.—Water rights for newly Her remarks will appear hereafter in acquired trust lands shall not be used, GENERAL LEAVE the Extensions of Remarks.] leased, sold, or transported for use off of such lands or the Tribe’s other trust lands, Mr. GILCHREST. Mr. Speaker, I ask f provided that the Tribe may agree with unanimous consent that all Members The SPEAKER pro tempore. Under a other persons having junior water rights to may have 5 legislative days within previous order of the House, the gen- subordinate the Tribe’s senior water rights. which to revise and extend their re- tleman from Florida [Mr. STEARNS] is Water rights for newly acquired trust lands marks on the Senate bill just passed. recognized for 5 minutes. can only be used on those lands or other The SPEAKER pro tempore. Is there [Mr. STEARNS addressed the House. trust lands of the Tribe located within the objection to the request of the gen- same river basin tributary to the main His remarks will appear hereafter in tleman from Maryland? stream of the Colorado River. the Extension of Remarks.] (f) SUBSURFACE INTERESTS.—On any newly There was no objection. f acquired trust lands where the subsurface in- f terest is owned by any party other than the THANKS AND APPRECIATION Tribe, the trust status of the surface owner- PERMISSION FOR COMMITTEE ON ship shall not impair any existing right of RESOURCES TO HAVE UNTIL 5 The SPEAKER pro tempore. Under a the subsurface owner to develop the sub- P.M. OCTOBER 11, 1996, TO FILE previous order of the House, the gen- surface interest and to have access to the REPORT ON H.R. 2041, GUAM WAR tleman from Louisiana [Mr. FIELDS] is surface for the purpose of such development. RESTITUTION ACT recognized for 5 minutes. (g) STATUTORY CONSTRUCTION WITH RESPECT Mr. FIELDS of Louisiana. Mr. Speak- TO WATER RIGHTS OF OTHER FEDERALLY REC- Mr. GILCHREST. Mr. Speaker, I ask OGNIZED INDIAN TRIBES.—Nothing in this sec- unanimous consent that the Commit- er, tonight I rise, as a 33-year-old retir- tion shall affect the water rights of any tee on Resources have until 5 p.m. on ing Member of this distinguished body, other federally recognized Indian tribe with October 11, 1996, to file a report on H.R. filled with thanks and appreciation. a priority date earlier than the date the I would first, Mr. Speaker, like to newly acquired trust lands are taken into 2041, the Guam War Restitution Act, as amended. thank each Member of this great and trust. prestigious body. I have never served in (h) STATUTORY CONSTRUCTION.—Nothing in The SPEAKER pro tempore. Is there this section shall be construed to determine objection to the request of the gen- a body with such great Members, Mem- the law applicable to water use on lands tleman from Maryland? bers that care about people, Members owned by the United States, other than on There was no objection. that care about each other. And I want the newly acquired trust lands. The granting to thank the Members of this great in- f of the right to make beneficial use of unap- stitution for giving me the opportunity propriated surface water on the newly ac- SPECIAL ORDERS to serve with them. quired trust lands with a priority date such I also, Mr. Speaker, would like to lands are taken into trust shall not be con- The SPEAKER pro tempore (Mr. strued to imply that such right is a Federal HANSEN). Under the Speaker’s an- thank my staff, who have worked so 1 reserved water right. Nothing in this section nounced policy of May 12, 1995, and hard throughout the 4 years, or 3 ⁄2 or any other provision of this Act shall be under a previous order of the House, years, that we have had the oppor- construed to establish any Federal reserved the following Members will be recog- tunity to serve the people of Louisiana. right to groundwater. Authority for the Sec- nized for 5 minutes each. The people on my staff have had the retary to take land into trust for the Tribe opportunity to solve over 7,000 cases, f pursuant to the Settlement Agreement and and we have had over 200 town hall this Act shall be construed as having been The SPEAKER pro tempore. Under a provided solely by the provisions of this Act. meetings throughout the State of Lou- previous order of the House, the gen- isiana. And without the staff that I Mr. MILLER of California. Mr. Speaker, I tleman from Washington [Mr. DICKS] is have, we would not have been able to rise in support of S. 1973, the Navajo-Hopi recognized for 5 minutes. accomplish those goals. Land Dispute Settlement Act of 1996. This bill [Mr. DICKS addressed the House. His So I tonight, Mr. Speaker, would like is another step in the right direction toward remarks will appear hereafter in the to thank the many members of my con- bringing the problems with the land dispute Extensions of Remarks.] gressional staff, who have worked so between the two tribes to a close. It will enact f hard to serve the people of Louisiana. the settlement agreement reached between I would like to thank the staff the Hopi Tribe and the Department of Justice The SPEAKER pro tempore. Under a throughout this Congress, from the se- acting on behalf of the United States. previous order of the House, the gen- S. 1973 will provide the Hopi Tribe with the tleman from Utah [Mr. HANSEN] is rec- curity officers, Capitol Police, to the authority to enter in lease agreements with ognized for 5 minutes. people who work at the desk to people who just work and do day-to-day things Navajo residents living on Hopi partitioned [Mr. HANSEN addressed the House. here in the House of Representatives. land. These leases will allow the Navajo resi- His remarks will appear hereafter in And I want to give special apprecia- dents to live peaceably on Hopi land for 75 the Extensions of Remarks.] tion to Mr. Charlie Johnson, who is our years with the promise that they will be treated f under Hopi law the same as members of the Parliamentarian, who has worked so The SPEAKER pro tempore. Under a Hopi Tribe. hard to keep the rules and regulations, Further, this legislation will settle four law previous order of the House, the gen- the rules of the House, adhered to. suits pending against the United States by the tleman from Washington [Mr. I remember, Mr. Speaker, when I was Hopi Tribe. Enactment of this bill will save mil- MCDERMOTT] is recognized for 5 min- first elected to this body, I was 29 years lions in continued litigation costs and probable utes. of age and I had the opportunity, at the U.S. liability. [Mr. McDERMOTT addressed the request of Speaker Foley, to serve as I urge my colleagues to support this meas- House. His remarks will appear here- Speaker of the House, and Charlie re- ureÐthe Hopi Tribe has remained willing to after in the Extensions of Remarks.] ceived several phone calls. The phones H12168 CONGRESSIONAL RECORD — HOUSE September 28, 1996 started to ring off the hook in the Par- change professions, some two, some dirty word that it appears to be today. liamentarian’s office, saying that a three, some even seven times. This is a The feminist movement was in high page was presiding over the House of change of profession. I have enjoyed gear. And the Vietnam War was raging. Representatives. my service here in this Congress, and I Watergate was just about to unfold. But I thank Charlie. All too often, am ready to move on and do other Yes, those were heady times. The people who work in the middle of the things. But this should not be viewed Equal Rights Amendment had just night, people who are seated in front of as a permanent retirement. It should passed the House of Representatives me, do not get the recognition that is be viewed as a temporary retirement the year before. And learning the truth due. with a certain return. I am only 33, and about the break-in at the Democratic And I want to thank the people of in 6 years I plan to join this body again headquarters in Watergate and urging Louisiana. The people of Louisiana and hopefully I will have the oppor- Congress to set a date certain for the have been very good to me and my fam- tunity to do that. withdrawal of troops from Vietnam ily. I was elected to office before I had Shakespeare once said that life is were the three most pressing issues the opportunity to serve in this great like a play, we all have an opportunity that I faced in this body. body. Nine years ago, the people of the to go on stage and play our part and At the same time, of course, I had to 14th Senatorial District thought perform and do our very best while we confront the most stressful and emo- enough of me to elect me to the State are in the spotlight. Then after our act tional issue of all, and that was the be- Senate at the ripe age of 24. ends, we must exit the stage and let a reavement of my husband and of leav- I thank the people of Louisiana for new act begin. ing my son behind to be cared for by giving me the opportunity to serve not Mr. Speaker, I am pleased that I have my now dear departed mother who did only in this Congress but for giving me had an opportunity to do my job on an excellent job. the opportunity to serve at such a this stage. I thank the people of Louisi- Upon this last time that I will stand young age in this Congress as well as ana and thank you, Mr. Speaker, and in this well in this body, I am saddened for many reasons. First, because I will the State Senate of Louisiana. And I thank each and every last Member of be saying goodbye to the wonderful, am so grateful that they put their this great and distinguished body. I am trust and confidence in me at such a trusting, supportive constituents of Il- not bitter leaving here tonight. This young age. So I am very grateful to the linois’s Seventh Congressional District. body has made me better. many people who have supported me I thank them for the confidence they throughout the years. f have shown in my ability to represent And I want to give a special thanks The SPEAKER pro tempore (Mr. their interests and to advocate for to the Members of the Congressional HANSEN). Under a previous order of the their concerns in this body for nearly Black Caucus. Before I went out into House, the gentleman from North Caro- 24 years. this Congress, Mr. Speaker and Mem- lina [Mr. COBLE] is recognized for 5 Second, I will truly miss my friend, bers of the House, that body embraced minutes. BILL CLAY of Missouri, CHARLE RANGEL me and took me under their wings and [Mr. COBLE addressed the House. His of New York and LOU STOKES of Ohio, somewhat taught me the ropes of this remarks will appear hereafter in the who immediately took me under their great body and the way this body oper- Extensions of Remarks.] wings and have been my mentors and ates. f staunchest supporters throughout all The Congressional Black Caucus has of these years. I will also miss CARRIE been, and will always be perhaps, the RETIREMENT REMARKS MEEK and other women in the women’s conscience of this Congress, and per- The SPEAKER pro tempore. Under a caucus and the black caucus. I have en- haps it is the conscience of this coun- previous order of the House, the gentle- joyed their affection throughout this try. And I want to thank the Members woman from Illinois [Mrs. COLLINS] is time and have given affection back to of the Congressional Black Caucus for recognized for 5 minutes. them. their leadership. Mrs. COLLINS of Illinois. Mr. Speak- I do not want to leave here without I want to thank my wife and my son er, many years ago when my husband saying thank you to my chairman, for giving me the opportunity to fly to George and I were making decisions JOHN DINGELL, who allowed me a free this great place and do the people’s about our future careers, I decided that hand in chairing the Commerce Com- business of Louisiana. I wanted to be a tax attorney and had mittee that was entitled Commerce, I want to thank, finally, Judge Leon Consumer Protection and Competitive- thought seriously of attending law Higginbotham, who worked so hard to ness during the 102d and the 103d Con- school. George, on the other hand, de- keep me and Members like me in this gress. cided that he wanted to become an body and in State legislatures all I salute our friend who is no longer elected official in the city of Chicago across this country. here, Jack Brooks, who allowed me to politics. chair several subcommittees under the b 2315 Well, as our lives unfolded, he be- old Government Operations Commit- I want to thank Leon Higginbotham came the committeeman of the 24th tee. for taking a case pro bono and trying Ward regular Democratic organization I thank, too, my wonderful adminis- to defend the civil rights of so many in Chicago’s west side and in 1973 its al- trative assistant who has been with me people across this country and also derman in the Chicago city council. for 16 of these long years, Bud Myers. want to thank the NAACP Legal De- Following that he was elected to be- And Gerri Houston, my executive as- fense Fund who have worked so hard to come a member of this illustrious body sistant who has been here almost the preserve civil rights for so many Amer- in the 91st Congress and served here same amount of time. Benny Montgom- icans. I want to thank the Lawyers until his ill-fated airplane crash that ery my acting district administrator in Committee on Civil Rights. I want to claimed his life on December 8, 1972. Chicago, and all of the staff people thank attorney Frank Garvin and at- I, of course, was suddenly a widow both on my congressional offices here torney Earnest Johnson from Louisi- with an awesome responsibility of and in Chicago as well as David ana who fought so hard to keep people rearing our 13-year-old son alone. But Schooler, our counselor on the Com- like me in elected office and protecting apparently I was not destined to be- mittee on Government Reform and their constitutional rights. come a lawyer but instead to become a Oversight who has been with me for a Lastly, I want to thank the Members maker of laws. On June 7, 1973, I was long time, and others on that commit- of the Louisiana legislative black cau- elected to fill his unexpired term and tee who have served with all their dedi- cus who fought so hard for the creation repesent the people of Chicago, IL’s cation and loyalty for all of these of the district that I have had the op- Seventh Congressional District in the years. portunity to represent. I want to thank 93d Congress. Each of them has made my job serv- them for their hard work and for all When I arrived here, it was during ing the Seventh Congressional District that they have done. one of the most exciting and challeng- so much more pleasurable and so much This, Mr. Speaker, tonight, is not a ing periods of my life and in our Na- easier than it could have been other- permanent retirement. In life, people tion’s history. Liberalism was not the wise. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12169 Finally, I want to thank each Mem- work and encourage his return. And billion added to our education budget. ber of this body for their friendship. I then to certainly my friend and col- Not a frivolous investment, I might say to them, I hope that God will give league, the Honorable CARDISS COL- add, some $381 million of it belongs to they many blessings. LINS, with a major place in history, I Head Start, and documentation shows Before closing, let me add another thank her for her leadership and caring us that if you begin a child on an early thing: It has been my opinion, Mr. for all of us. sure footing of learning, you can be Speaker, that we have here an awe- I do believe that it is appropriate, on sure that that is a child that grows to some responsibility to protect our de- this last day, as I have acknowledged love learning and is on the road to suc- mocracy and to defend our Constitu- my colleagues and might I add also a cess; $491 million dollars for Goals 2000, tion. Too often in today’s debate on so- tribute to the departing Members of already a program attested to by Mem- cial economic policies, in this House of the Texas delegation. So many of them bers by both sides of the aisle, a pro- Representatives, I believe we have for- have served so ably, and I thank them gram started by President George gotten that we have the right to up- for their service. Bush, and $200 million for the school to hold these two important concepts of This last day we had an opportunity work program documented in my own our Nation. It seems to me that during to come together in a bipartisan man- city of Houston, where young people these nearly 24 years we have been in ner to present to the American people leave high school prepared to be gain- turmoil in this country on more than an omnibus appropriations bill that fully employed. Then I have already one occasion, but each time democracy would keep the Government open. As I said in many of my town hall meetings has stood firm. listened to the Speaker of the House and I have seen the faces of individuals That is why I am saddened that as I suggest that this was automatic or agreeing with me, it is better to give that this had to be the way it was and prepare to leave here, I see our country out a Pell grant than to build a jail it was going to happen, I have to re- not the wonderful liberal, loving coun- cell. And so we have increased Pell flect that there was a long journey try to all of us that we were when I grants for our college students and di- that brought us to this day. For as we first came in 1973, but instead I see a rect student loans across the Nation. started the 104th Congress, I am un- resurgence of racism, of hatred, of happy or sad to say that that was not b 2330 meanness, of mean-spiritedness, and the spirit in which we opened this ses- that leaves me extremely saddened. Welfare reform got a lot of publicity, sion, for we spent an acrimonious first We know this is true because we hear and many people were rising to the year of the 104th, with three times of it on talk radio. We see it in the burn- floor of the House and beginning to shutting down the Government, with pound their fists and talk about those ing of African-American and other large attacks on Medicare and Medic- churches. We hear it in remarks that who were draining on America. aid, with proposed tax cuts of $245 bil- Well, if you tell people to pull up are unkind and unwise. But you know, lion that would have gutted the Medi- Mr. Speaker, I still believe in America their bootstraps, many of them with- care program and given tax cuts to out shoes, it is going to be very hard to because after having served here all of those who did not need it, with a fight this time, I absolutely believe with all transition people from welfare to work over balancing the budget and estab- without training and vocational train- certainty that America can correct her lishing priorities, when many of us rec- failings if there is a public will to do ing, and so it is important that in this ognized that you could balance the legislation, unlike last year when the so. budget but you could preserve edu- So now as I leave here moments from government was shut down, we have cation and the environment and you $1.5 billion for vocational training and now, I place my belief in my fellow could maintain the quality of life for Americans and in the Members who adult education. our senior citizens. That makes sense, but we had to will come to this body in the 105th Con- In fact, we spent an acrimonious work hard to get to that point, for the gress. I believe that they will in fact time arguing over which direction this stridency of last year was, ‘‘We know see to it that America lives up to the country should go. the right way, and the only way is our words of Thomas Wolfe who said: I am very proud that the Democrats way,’’ a single focused highway to no- To every person his or her chance, to every maintained a steady and evenhanded where. person regardless of birth their shining op- approach, which is to say that Medi- All of the debate that has come about portunity, to every person, the right to live, care can be preserved, it need not with- to work, to be themselves, to become what- over the last few weeks about the drug er on the vine, that Medicaid that pro- effort in this Nation was simply saying ever their ambitions and decisions combine vide health care for the indigent but, to make them. That is the promise of Amer- that we now have a better approach, ica. more particularly, for our seniors in and that approach, Mr. Speaker, is to nursing homes certainly had to be pre- support prevention programs and safe That is the promise I hope of the served, but we could also balance the 105th Congress. and drug-free schools. budget. In conclusion, let me simply say that I thank you all. I say farewell and This bill is not a perfect bill. There I am glad we are at a point where we Godspeed. are many things that a lot of us dis- are, that this bill is passed, but it was f agree with. But I believe we have come a long journey, but it is better for full circle from a time when we were The SPEAKER pro tempore. Under a America, and we are better for doing it, slashing education, cutting school previous order of the House, the gen- and America is good for us doing it for lunches and school breakfasts. tleman from New Hampshire [Mr. them. ZELIFF] is recognized for 5 minutes. Might I add, I read an article this past week that said, though our chil- f [Mr. ZELIFF addressed the House. dren still remain at risk, many chil- The SPEAKER pro tempore. Under a His remarks will appear hereafter in dren are better off because of the exist- previous order of the House, the gen- the Extensions of Remarks.] ence of school lunch programs, for tleman from Pennsylvania [Mr. f some of these programs are the only WELDON] is recognized for 5 minutes. good and decent nutritious meal that [Mr. WELDON of Pennsylvania ad- THE 104TH CONGRESS our children get. With all of this atten- dressed the House. His remarks will ap- The SPEAKER pro tempore. Under a tion now to our children, with the un- pear hereafter in the Extensions of Re- previous order of the House, the gentle- derstanding that they are no more marks.] woman from Texas [Ms. JACKSON-LEE] stronger than what we make them, I f is recognized for 5 minutes. am glad to see, albeit it was a tough Ms. JACKSON-LEE of Texas. Mr. time, that there has been some rec- TRIBUTE TO HON. ROBERT S. Speaker, I would like to certainly add ognition by my colleagues on the other WALKER my congratulations to two of my col- side of the aisle that reason and mod- The SPEAKER pro tempore. Under a leagues who just spoke on the floor of eration are the best approach. previous order of the House, the gen- the House, the Honorable CLEO FIELDS So I am very gratified that we can tleman from Pennsylvania [Mr. FOX] is of Louisiana and certainly applaud his say that this omnibus bill includes $3.5 recognized for 5 minutes. H12170 CONGRESSIONAL RECORD — HOUSE September 28, 1996 Mr. FOX of Pennsylvania. Mr. Speak- of the reasons that always jumps out is Do I concede that there is areas in er, I rise tonight to address my col- that we are protecting the oil supply, this 1.7 million acres that is absolutely leagues and, first, to thank all of those this great energy sources that comes to gorgeous and beautiful and should be who worked together this week on leg- America and to other areas, and in pro- protected? Absolutely. There is, and islation which provides for the first tecting that we will be able to protect much of it should be protected. And we time for those law enforcement offi- the free world. Because of that we are had that opportunity, but we did not cials on the Federal scene who have sending a number of our young people take advantage of that opportunity be- been killed in the line of duty, to make in harm’s way, young men and young cause the President did not seem fit to sure that their families and their chil- women going over there to protect this talk to anybody in Utah. He did not dren are protected when it comes to oil supply that happens to flow through talk to Governor Leavitt, he did not educational benefits. It is a bipartisan the Middle East. talk to Senator HATCH, he did not talk effort, and Congressman STUDDS and I It is very interesting to me that in to Senator BENNETT, he did not talk to worked in the House, Senator SPECTER my little State of Utah we have some- Members of this congressional delega- in the Senate, in making sure this leg- thing call the Kaiparowits Plateau. tion. I am the chairman of the commit- islation was reality. President Carter referred to it as coal tee that goes through. I did not hear It was not that long ago that there or ace in the hole. In this particular one word. He did not even talk to the was a Federal officer, Chuck Reed, area we probably have more energy and man of his own political persuasion. killed in my district who was an out- coal then they have in oil, and we set Nobody but nobody heard a word on standing FBI agent and a real leader in there at this time in the Kaiparowits this area. the war against drugs, and William Plateau sitting on a supply of coal that But he comes in, not even knowing Degan, of course, who was the Federal is worth $1 trillion and is billions and where it is himself. I think if you put official who was killed at Ruby Ridge. billions of tons of coal. a map down in front of the President of It is amazing then, Mr. Speaker, that It is those kinds of individuals for the United States, he would miss it by 2 weeks ago the President of the United whom we need to make sure that we 500 miles, but yet he talks about the States went into Arizona, the south are attending to the needs of those beautiful, historical significance and rum of Arizona and stood and pointed families, because they gave up so much out to the north in Utah. He was creat- ties it up into a national monument. to help make this country safer and ing a national momument, and one of I have since introduced legislation stronger. the reasons that the President gave for which would limit the antiquities law Mr. Speaker, I also wanted to salute creating this national monument was to 5,000 acres. I have had a number of those retiring Members who are leav- because he wanted not to have that my colleagues, Democrats and Repub- ing our Chamber who have done so coal mined. Much of that would accrue, licans, come to me and say do not let much. One especially from Pennsylva- the royalties that is, would accrue to that happen to my State. Mr. Speaker, nia I wish to point out; that would be the benefit of the State of Utah. In fact I say, ‘‘Well, let’s not do away with the Congressman BOB WALKER who, more just a small amount that Andalux coal antiquities bill because there may be than any other Member, knows the would be mining would be $6.5 billion. something come up that needs to be rules of parliamentary procedure and Over $1 million would accrue to the protected, but what we must do is limit helped newer Members to learn the schoolchildren of Utah. the President so he can’t abstractly go rules, to make sure they respect each It strikes me rather odd, and the out on a huge land grab like he has in other in the Chamber and to make sure irony of the thing is why we go to one the State of Utah, and I would urge my that we are civil and still worked in a place and put our children and our colleagues as we introduce this in Jan- bipartisan way to make sure the peo- armed people in harm’s way when we uary that we immediately pass this ple’s business is done here in Washing- have a great supply of energy right legislation to prevent this type of ton. here and we say, no, we cannot do that thing happening. So to BOB WALKER who did so much even though I think it has been proven I just really feel bad that there is so for this House and one of its finest that we could do it environmentally little respect for the West, that there Members, we salute you for all you sound. What law is there that gives truly is another war on the West, that have done for our country, for this this power, this complete power to one we are constantly being hit with things Chamber, and for your resonance in man? That is called the antiquity law such as I have just mentioned. I feel your Pennsylvania district. We know written in 1906, and if we go back and very bad that the President of the that BOB WALKER has done much to read that it is very interesting. United States took it upon himself to bring honor to himself and to his fam- It says that the President may do take 1.7 million acres out of our State, ily and to his community, but to his this to protect Indian ruins, that he ruin the economy of many of our little colleagues here we know how special he may protect it for some historical sig- cities, hurt so many people, without as was as a fighter for beliefs, as someone nificance, whatever that may be. In- much as one sentence on it and not one who is unyielding in principle, but dian ruins; there is one that they al- minimum of spending any time on an when it came to making sure we got ways bring out, and I would like to ask investigation of what it would do to the job done, he knew when to com- the question of this 1.7 million acres, the people in Utah. promise and how to compromise. and keep in mind that is the size of Mr. Speaker, that is the largest arro- So we salute a very special Amer- Delaware, and maybe throw in 2 other gance of power I have seen in 36 years ican, BOB WALKER, who I know we will States, that is the size of Yellowstone; as an elected official. miss greatly, and we hope he returns keep in mind that we do it for histori- often to visit. cal significance. f f May I ask the President of the Unit- ed States or anybody who would like to WHAT IS THE HISTORICAL SIG- OMNIBUS INSULAR AREAS ACT OF respond: What is there in the 1.7 mil- NIFICANCE OF THE 1996 lion acres that has any historical sig- KAIPAROWITS PLATEAU? nificance? Can anybody name one The SPEAKER pro tempore. Without The SPEAKER pro tempore. Under a thing? Is there one scintilla of any- objection, the title of the bill (H.R. previous order of the House, the gen- thing that is there? 1332) to establish certain policies and tleman from Utah [Mr. HANSEN] is rec- The second part of the act in 1906 responsibilities with respect to the ad- ognized for 5 minutes. says to protect this historical signifi- ministration of the Rongelap Resettle- Mr. HANSEN. Mr. Speaker, as a cance they will use the smallest ment Trust Fund, and for other pur- member of the Armed Services Com- amount of acreage. No. 1, there is no poses, agreed to earlier today, is mittee it is very interesting to me to historical significance; No. 2, the amended so as to read: ‘‘A bill to make see when our four star generals and ad- smallest amount of acreage to protect certain technical changes affecting mirals come in and talk to us as to this nothing that is there, except a United States territories, and for other what is the reason that we are going very beautiful spot, is smallest amount purposes.’’. into Iraq at this particular time. One turns out to be 1.7 million acres. There was no objection. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12171 SALUTE TO THE HONORABLE S. 737. An act to extend the deadlines ap- ment, transmitting the Department’s final WILLIAM CLINGER plicable to certain hydroelectric projects, rule—Base Closure Community Redevelop- and for other purposes; to the Committee on ment and Homeless Assistance; Extension of (Mr. FOX asked and was given per- Commerce. Interim Rule Effective Period (FR–3820) re- mission to address the House for 1 S. 2153. An act to designate the United ceived September 26, 1996, pursuant to 5 minute.) States Post Office building located in Brew- U.S.C. 801(a)(1)(A); to the Committee on Mr. FOX of Pennsylvania. Mr. Speak- er, Maine, as the ‘‘Joshua Lawrence Cham- Banking and Financial Services. er, my fellow colleagues, I would be re- berlain Post Office Building’’, and for other 5358. A letter from the General Counsel, miss if I did not also give special men- purposes; to the Committee on Government Department of Housing and Urban Develop- Reform and Oversight. ment, transmitting the Department’s final tion to the Honorable WILLIAM f rule—Optional Earned Income Exclusion In- CLINGER, who has served this House terim Rule (FR–4080) received September 26, with distinction, most recently as the BILLS PRESENTED TO THE 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the chairman of the Government Reform PRESIDENT Committee on Banking and Financial Serv- and Oversight Committee where he has ices. in a very bipartisan manner, a very ju- Mr. THOMAS, from the Committee 5359. A letter from the General Counsel, dicious manner, he has been the indi- on House Oversight, reported that that Department of Housing and Urban Develop- vidual who has overseen the hearings committee did on this day present to ment, transmitting the Department’s final rule—Loan Guarantee Recovery Fund Final that deal with Whitewater and Filegate the President, for his approval, bills of the House of the following titles: Rule (FR–4108) received September 26, 1996, and various other matters that are pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- very sensitive to the United States. H.R. 3068. An act to accept the request of mittee on Banking and Financial Services. I think the people of central Penn- the Prairie Island Indian Community to re- 5360. A letter from the General Counsel, sylvania were privileged to have some- voke their charter of incorporation issued Department of Housing and Urban Develop- under the Indian Reorganization Act. ment, transmitting the Department’s final one of his class, his distinction, and his H.R. 2660. An act to increase the amount honor serving us here in this body, and rule—Termination of Tenancy for Criminal authorized to be appropriated to the Depart- Activity Final Rule (FR–3472) received Sep- to BILL CLINGER and his family, well ment of the Interior for the Tensas River Na- tember 26, 1996, pursuant to 5 U.S.C. deserved retirement, but he was a role tional Wildlife Refuge, and for other pur- 801(a)(1)(A); to the Committee on Banking model for many of us in Congress and poses. and Financial Services. he will be sorely missed. H.R. 2594. An act to amend the Railroad 5361. A letter from the General Counsel, f Unemployment Insurance Act to reduce the Department of Housing and Urban Develop- waiting period for benefits payable under ment, transmitting the Department’s final LEAVE OF ABSENCE that Act, and for other purposes. rule—Section 8 Moderate Rehabilitation Sin- H.R. 2508. An act to amend the Federal By unanimous consent, leave of ab- gle Room Occupancy Program for Homeless Food, Drug, and Cosmetic Act to provide for Individuals Final Rule (FR–3929) received sence was granted to: improvements in the process of approving Mrs. FOWLER (at the request of Mr. September 26, 1996, pursuant to 5 U.S.C. and using animal drugs, and for other pur- 801(a)(1)(A); to the Committee on Banking ARMEY) for today, on account of per- poses. and Financial Services. sonal business. f 5362. A letter from the General Counsel, Ms. WATERS (at the request of Mr. Department of Housing and Urban Develop- GEPHARDT) for today, on account of dis- ADJOURNMENT ment, transmitting the Department’s final trict business. Mr. FOX of Pennsylvania. Mr. Speak- rule—Streamlining Multifamily and Single f er, I move that the House do now ad- Family Nonjudicial Foreclosure Procedures Final Rule (FR–4110) received September 26, SPECIAL ORDERS GRANTED journ. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the The motion was agreed to; accord- By unanimous consent, permission to Committee on Banking and Financial Serv- ingly (at 11 o’clock and 42 minutes ices. address the House, following the legis- p.m.), under its previous order, the 5363. A letter from the General Counsel, lative program and any special orders House adjourned until Monday, Sep- Department of Housing and Urban Develop- heretofore entered, was granted to: tember 30, 1996, at 2 p.m. ment, transmitting the Department’s final (The following Members (at the re- rule—Homeownership of Single Family f quest of Mr. FIELDS of Louisiana) to re- Homes Program (HOPE 3); Streamlining vise and extend their remarks and in- EXECUTIVE COMMUNICATIONS, Final Rules (FR–3857) received September 26, clude extraneous material:) 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ECT. Committee on Banking and Financial Serv- Mr. DICKS, for 5 minutes, today. Under clause 2 of rule XXIV, execu- ices. Mr. MCDERMOTT, for 5 minutes, tive communications were taken from 5364. A letter from the General Counsel, today. the Speaker’s table and referred as fol- Department of Housing and Urban Develop- Ms. DELAURO, for 5 minutes, today. lows: ment, transmitting the Department’s final Mr. FIELDS of Louisiana, for 5 min- rule—Home Investment Partnerships Pro- utes, today. 5354. A letter from the Administrator, Ag- gram Final Rule (FR–3962) received Septem- ricultural Marketing Service, transmitting Mrs. COLLINS of Illinois, for 5 min- ber 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); the Service’s final rule—Oranges, Grapefruit, utes, today. to the Committee on Banking and Financial Tangerines, and Tangelos Grown in Florida; Services. Ms. JACKSON-LEE of Texas, for 5 min- Assessment Rate [Docket No. FV96–905–1 5365. A letter from the General Counsel, utes, today. FIR] received September 27, 1996, pursuant to Department of Housing and Urban Develop- (The following Members (at the re- 5 U.S.C. 801(a)(1)(A); to the Committee on ment, transmitting the Department’s final quest of Mr. GILCHREST) to revise and Agriculture. rule—Conversion from Coinsurance to Full extend his remarks and include extra- 5355. A letter from the Administrator, Ag- Insurance Final Rule (FR–3813) received Sep- neous material:) ricultural Marketing Service, transmitting tember 26, 1996, pursuant to 5 U.S.C. the Service’s final rule—Technical Amend- Mr. STEARNS, for 5 minutes, today. 801(a)(1)(A); to the Committee on Banking ments to the Soybean Promotion and Re- and Financial Services. Mr. COBLE, for 5 minutes, on Septem- search Order and Rules and Regulations 5366. A letter from the General Counsel, ber 28 and 30. [Docket No. LS–96–005] received September Department of Housing and Urban Develop- Mr. ZELIFF, for 5 minutes, today. 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ment, transmitting the Department’s final Mr. WELDON of Pennsylvania, for 5 the Committee on Agriculture. rule—Home Equity Conversion Mortgage In- minutes, today. 5356. A letter from the General Counsel, surance Demonstration; Additional Stream- Mr. FOX of Pennsylvania, for 5 min- Department of Housing and Urban Develop- lining Final Rule (FR–2958) received Septem- utes, today. ment, transmitting the Department’s final ber 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); rule—Sale of HUD-Held Single Family Mort- f to the Committee on Banking and Financial gages; Notice of Extension of Interim Rule Services. SENATE BILLS REFERRED Effective Period (FR–3814) received Septem- 5367. A letter from the General Counsel, ber 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Housing and Urban Develop- Bills of the Senate of the following to the Committee on Banking and Financial ment, transmitting the Department’s final titles were taken from the Speaker’s Services. rule—RESPA; Statement of Enforcement table and, under the rule, referred as 5357. A letter from the General Counsel, Standards; Title Insurance Practices in Flor- follows: Department of Housing and Urban Develop- ida Final Rule (FR–4114) received September H12172 CONGRESSIONAL RECORD — HOUSE September 28, 1996 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 552(d); to the Committee on Government Re- Mr. BLILEY: Committee of Conference. the Committee on Banking and Financial form and Oversight. Conference report on H.R. 3005. A bill to Services. 5379. A letter from the Assistant Attorney amend the Federal securities laws in order to 5368. A letter from the Legislative and Reg- General, Department of Justice, transmit- promote efficiency and capital information ulatory Activities Division, Office of the ting a draft of proposed legislation to clarify in the financial markets, and to amend the Comptroller of the Currency, transmitting the effective date provision of Rules 413 Investment Company Act of 1940 to promote the Department’s final rule—Sales of Credit through 415 of the Federal Rules of Evidence; more efficient management of mutual funds, Life Insurance [Docket No. 96–22] (RIN: 1557– to the Committee on the Judiciary. protect investors, and provide more effective AB49) received September 27, 1996, pursuant 5380. A letter from the Secretary of Trans- and less burdensome regulation (Rept. 104– to 5 U.S.C. 801(a)(1)(A); to the Committee on portation transmitting the Department’s 864). Ordered to be printed. Banking and Financial Services. 1995 progress report on the transition to Mr. BLILEY: Committee on Conference. 5369. A letter from the Assistant Secretary quieter airplanes, pursuant to Public Law H.R. 2976. A bill to prohibit health plans for Employment and Training, Department 101–508, section 9308(g) (104 Stat. 1388–383); to from interfering with health care provider of Labor, transmitting the Department’s the Committee on Transportation and Infra- communications with their patients; (Rept. final rule—Removal of Duplicative Regula- structure. 104–865 Pt. 1). Ordered to be printed. 5381. A letter from the Director, Office of tions Governing the H–1A Nurses Labor At- f testation Program, the D–1 Foreign Mari- Regulatory Management and Information, time Crewmembers Program, the H–1B Non- Environmental Protection Agency, transmit- TIME LIMITATION OF REFERRED immigrant Labor Condition Application Pro- ting the Agency’s final rule—Testing Re- BILL gram, and the F–1 Students Labor Attesta- quirements for Ocean Dumping [FRL–5617–6] tion Program (RIN: 1205–AB13) received Sep- received September 27, 1996, pursuant to 5 Pursuant to clause 5 of rule X the fol- tember 28, 1996, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on lowing action was taken by the Speak- 801(a)(1)(A); to the Committee on Economic Transportation and Infrastructure. er: and Educational Opportunities. 5382. A letter from the Director, Office of H.R. 2976. Referral to the Committees on 5370. A letter from the Secretary of Edu- Regulatory Management and Information, Ways and Means, Economic and Educational cation, transmitting a draft of proposed leg- Environmental Protection Agency, transmit- Opportunities, and Government Reform and islation entitled, ‘‘Presidential Honors ting the Agency’s final rule—Approval and Oversight for a period ending not later than Scholarship Act of 1996’’; to the Committee Promulgation of Implementation Plans; New October 2, 1996. on Economic and Educational Opportunities. Jersey Transportation Control Measures 5371. A letter from the Director, Defense [FRL–5554–9] received September 27, 1996, f Security Assistance Agency, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS notification concerning the Department of mittee on Transportation and Infrastruc- the Air Force’s proposed Letter(s) of Offer ture. Under clause 5 of rule X and clause 4 and Acceptance [LOA] to Saudi Arabia for 5383. A letter from the Secretary of Energy of rule XXII, public bills and resolu- defense articles and services (Transmittal transmitting the Department’s report enti- tions were introduced and severally re- No. 96–75), pursuant to 22 U.S.C. 2776(b); to tled ‘‘Annual Report on the Metals Initia- ferred as follows: the Committee on International Relations. tive,’’ pursuant to Public Law 100–680, sec- 5372. A letter from the Assistant Secretary tion 8; to the Committee on Science. By Mr. BROWN of California (for him- for Legislative Affairs, Department of State, 5384. A letter from the Chief, Regulations self, Mr. DEFAZIO, Mr. SANDERS, Mr. transmitting a copy of the Secretary’s deter- Unit, Internal Revenue Service, transmitting DELLUMS, Mr. MILLER of California, mination and justification for authorizing the Service’s final rule—Work Opportunity and Mr. EVANS): assistance to strengthen the ECOMOG peace- Tax Credit—Pre-Screening Notice [Notice 96– H.R. 4274. A bill to require the Commis- keeping mission in Liberia, pursuant to 22 52] received September 27, 1996, pursuant to 5 sioner of Social Security and the Secretary U.S.C. 2261(a)(2); to the Committee on Inter- U.S.C. 801(a)(1)(A); to the Committee on of the Treasury to develop and implement national Relations. Ways and Means. measures to eliminate and prevent mismatching of earnings information main- 5373. A letter from the Assistant Secretary f for Legislative Affairs, Department of State, tained by the Social Security Administra- transmitting a memorandum of justification REPORTS OF COMMITTEES ON tion and the Internal Revenue Service re- for drawdown under section 506 of the For- PUBLIC BILLS AND RESOLUTIONS sulting in underpayment of social security eign Assistance Act to support ECOMOG, benefits; to the Committee on Ways and Under clause 2 of rule XIII, reports of Means. pursuant to 22 U.S.C. 2318(b)(2); to the Com- committees were delivered to the Clerk mittee on International Relations. By Mr. GOODLING (for himself, Mr. 5374. A letter from the Assistant Secretary for printing and reference to the proper ROBERTS, and Mr. MILLER of Califor- for Legislative Affairs, Department of State, calendar, as follows: nia): transmitting a copy of a memorandum of Mr. HYDE: Committee on the Judiciary. H.R. 4275. A bill to provide funding for the justification for drawdown under section 552 H.R. 3307. A bill to amend title 5, United nutrition education and training program of the Foreign Assistance Act to support States Code, to provide for a limitation on authorized under the Child Nutrition Act of ECOMOG, pursuant to 22 U.S.C. 2348a; to the sanctions imposed by agencies and for other 1966, and for other purposes; to the Commit- Committee on International Relations. purposes; with amendments (Rept. 104–859). tee on Economic and Educational Opportuni- 5375. A communication from the President Referred to the Committee of the Whole ties, and in addition to the Committee on of the United States, transmitting the bi- House on the State of the Union. Agriculture, for a period to be subsequently monthly report on progress toward a nego- Mr. YOUNG of Alaska: Committee on Re- determined by the Speaker, in each case for tiated settlement of the Cyprus Question, in- sources. H.R. 2392. A bill to amend the consideration of such provisions as fall with- cluding any relevant reports from the Sec- Umatilla Basin Project Act to establish in the jurisdiction of the committee con- retary General of the United Nations, pursu- boundaries for irrigation districts within the cerned. ant to 22 U.S.C. 2373(c); to the Committee on Umatilla Basin, and for other purposes; with By Mr. EWING: International Relations. an amendment (Rept. 104–860). Referred to H.R. 4276. A bill to amend the Commodity 5376. A letter from the Deputy Associate the Committee of the Whole House on the Exchange Act to provide a conditional ex- Administrator for Acquisition Policy, Gen- State of the Union. emption for certain transactions involving eral Services Administration, transmitting Mr. CLINGER: Committee on Government professional markets, to clarify the effect of the Administration’s final rule—General Reform and Oversight. Federal Government the designation of a board of trade as a con- Services Administration Acquisition Regula- Management: Examining Government Per- tract market, to simplify the process for the tion (GSAR) for Change 73, Authorizing De- formance As We Near the Next Century making effective of contract market rules, viations from the FAR and GSAR [APD (Rept. 104–861). Referred to the Committee of to regulate audit trail requirements, to es- 2800.12A, CHGE 73] (RIN: 3090–AG09) received the Whole House on the State of the Union. tablish cost-benefit analysis requirements, September 27, 1996, pursuant to 5 U.S.C. Mr. CLINGER: Committee on Government and to combat fraud in transactions in or in- 801(a)(1)(A); to the Committee on Govern- Reform and Oversight. Investigation into the volving foreign currency, and for other pur- ment Reform and Oversight. White House and Department of Justice on poses; to the Committee on Agriculture. 5377. A letter from the Director, Office of Security of FBI Background Investigation By Mr. GREENWOOD (for himself, Mr. the Secretary of Defense, transmitting the Files (Rept. 104–862). Referred to the Com- WAXMAN, Mr. BURR, Mr. TOWNS, Mr. Office’s final rule—Privacy Program (32 CFR mittee of the Whole House on the State of KLUG, Mr. FRANKS of New Jersey, and Part 505) received September 27, 1996, pursu- the Union. Mr. HALL of Texas): ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. LIVINGSTON: Committee of Con- H.R. 4277. A bill to amend the Federal on Government Reform and Oversight. ference. Conference report on H.R. 3610. A Food, Drug, and Cosmetic Act to allow for 5378. A letter from the Secretary of Edu- bill making appropriations for the Depart- additional deferred effective dates for ap- cation, transmitting a report of activities ment of Defense for the fiscal year ending proval of applications under the new drugs under the Freedom of Information Act for September 30, 1997, and for other purposes provisions, and for other purposes; to the the calendar year 1995, pursuant to 5 U.S.C. (Rept. 104–863). Ordered to be printed. Committee on Commerce. September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12173

By Mr. LIVINGSTON: Mr. CHAMBLISS, Mrs. CHENOWETH, Mr. By Mr. ACKERMAN: H.R. 4278. A bill making omnibus consoli- CHRISTENSEN, Mr. CHRYSLER, Mr. H.R. 4286. A bill to amend the Anti Car dated appropriations for the fiscal year end- COBLE, Mr. COBURN, Mr. COLLINS of Theft Act of 1992 to provide for the establish- ing September 30, 1997, and for other pur- Georgia, Mr. COMBEST, Mr. COOLEY, ment of a toll-free telephone number for the poses; passed pursuant to the order of the Mr. CRANE, Mr. CRAPO, Mr. reporting of stolen and abandoned passenger House. CREMEANS, Mrs. CUBIN, Mr. motor vehicles, and for other purposes; to By Mr. ACKERMAN: CUNNINGHAM, Mr. DEAL of Georgia, the Committee on the Judiciary. H.R. 4279. A bill to direct the Secretary of Mr. DIAZ-BALART, Mr. DICKEY, Mr. H.R. 4287. A bill to require the Adminis- Transportation to determine the feasibility DOOLITTLE, Mr. DORNAN, Mr. DREIER, trator of the Federal Aviation Administra- of placing bar codes on passenger motor ve- Mr. DUNCAN, Ms. DUNN of Washing- tion to address the aircraft noise problems of hicles to facilitate the tracing of stolen vehi- ton, Mr. EHLERS, Mr. EHRLICH, Mr. Queens and the northshore of Long Island, cles, and for other purposes; to the Commit- ENGLISH of Pennsylvania, Mr. EN- NY; to the Committee on Transportation and tee on Commerce. SIGN, Mr. EWING, Mr. FLANAGAN, Mr. Infrastructure. By Mr. THOMAS: FOLEY, Mr. FOX, Mr. FIELDS of Texas, By Mr. BARTON of Texas (for himself, H.R. 4280. A bill to amend title 44, United Mr. FORBES, Mr. FRANKS of New Jer- Mr. BILBRAY, Mr. BONO, Mr. COMBEST, States Code, to establish the Joint Commit- sey, Mr. FRANKS of Connecticut, Mr. Mr. GINGRICH, Mr. MCCRERY, Mr. tee on Information, and for other purposes; FRELINGHUYSEN, Mr. FRISA, Mr. REGULA, Mr. TAUZIN, Mr. to the Committee on House Oversight, and in FUNDERBURK, Mr. GALLEGLY, Mr. THORNBERRY, and Mr. WISE): addition to the Committees on Government GANSKE, Mr. GEKAS, Mr. GILCHREST, H.R. 4288. A bill to encourage the increased Reform and Oversight, and Rules, for a pe- Mr. GILLMOR, Mr. GILMAN, Mr. use of domestic natural gas as a transpor- riod to be subsequently determined by the GOODLATTE, Mr. GOODLING, Mr. GRA- tation fuel, and for other purposes; to the Speaker, in each case for consideration of HAM, Mr. GREENWOOD, Ms. GREENE of Committee on Commerce, and in addition to such provisions as fall within the jurisdic- Utah, Mr. GUNDERSON, Mr. the Committees on Transportation and In- tion of the committee concerned. GUTKNECHT, Mr. HANCOCK, Mr. HAN- frastructure, Ways and Means, National Se- By Mr. YOUNG of Alaska (for himself, SEN, Mr. HASTERT, Mr. HASTINGS of curity, and Government Reform and Over- Mr. BURTON of Indiana, and Mr. Washington, Mr. HAYES, Mr. sight, for a period to be subsequently deter- GALLEGLY): HAYWORTH, Mr. HEFLEY, Mr. HERGER, H.R. 4281. A bill to provide a process lead- mined by the Speaker, in each case for con- Mr. HILLEARY, Mr. HOEKSTRA, Mr. ing to full self-government for Puerto Rico; sideration of such provisions as fall within HOKE, Mr. HOSTETTLER, Mr. HOUGH- to the Committee on Resources, and in addi- the jurisdiction of the committee concerned. TON, Mr. HUNTER, Mr. HYDE, Mr. tion to the Committee on Rules, for a period By Mr. BEREUTER: INGLIS of South Carolina, Mr. ISTOOK, to be subsequently determined by the Speak- H.R. 4289. A bill to provide a more effective Mrs. JOHNSON of Connecticut, Mr. er, in each case for consideration of such pro- remedy for inadequate trade benefits ex- SAM JOHNSON, Mr. JONES, Mrs. visions as fall within the jurisdiction of the tended to the United States by other coun- KELLY, Mr. KIM, Mr. KING, Mr. KINGS- committee concerned. tries and for restrictions on free emigration TON, Mr. KLUG, Mr. KNOLLENBERG, By Mr. BATEMAN: imposed by other countries; to the Commit- Mr. KOLBE, Mr. LAHOOD, Mr. LATHAM, H.R. 4282. A bill to amend the National De- tee on Ways and Means, and in addition to Mr. LATOURETTE, Mr. LAUGHLIN, Mr. fense Authorization Act for fiscal year 1993 the Committee on Rules, for a period to be LAZIO of New York, Mr. LEACH, Mr. to make a technical correction relating to subsequently determined by the Speaker, in LEWIS of California, Mr. LEWIS of the provision of Department of Defense As- each case for consideration of such provi- Kentucky, Mr. LIGHTFOOT, Mr. sistance to local educational agencies; to the sions as fall within the jurisdiction of the LINDER, Mr. LONGLEY, Mr. LUCAS, Mr. Committee on Economic and Educational committee concerned. MCCOLLUM, Mr. MCCRERY, Mr. Opportunities, and in addition to the Com- By Mr. BROWN of California: MCDADE, Mr. MCHUGH, Mr. MCINNIS, mittee on National Security, for a period to H.R. 4290. A bill to amend title V of the Mr. MCINTOSH, Mr. MCKEON, Mr. be subsequently determined by the Speaker, Trade Act of 1974 to add to the eligibility cri- MANZULLO, Mr. MARTINI, Mr. in each case for consideration of such provi- teria for the generalized system of pref- METCALF, Mrs. MEYERS of Kansas, sions as fall within the jurisdiction of the erence full cooperation with the United Mr. MICA, Mr. MILLER of Florida, Mr. committee concerned. States in preventing illegal drug traffic and MOORHEAD, Mrs. MYRICK, Mr. By Mr. LATOURETTE: the entry of illegal drugs into the United H.R. 4283. A bill to provide for ballast NETHERCUTT, Mr. NEUMANN, Mr. NEY, States; to the Committee on Ways and water management to prevent the introduc- Mr. NORWOOD, Mr. OXLEY, Mr. PACK- Means. tion and spread of nonindigenous species into ARD, Mr. PARKER, Mr. PETRI, Mr. H.R. 4291. A bill to provide for the multi- the waters of the United States, and for POMBO, Mr. PORTMAN, Ms. PRYCE, Mr. lateral negotiation of Western Hemisphere other purposes. QUINN, Mr. RADANOVICH, Mr. environmental, labor, and agricultural By Mr. HOYER (for himself, Mr. ED- RAMSTAD, Mr. ROBERTS, Mr. standards, to implement as U.S. negotiating WARDS, Mr. ABERCROMBIE, Mrs. ROHRABACHER, Ms. ROS-LEHTINEN, objectives in any free trade area negotia- THURMAN, Mr. SAWYER, Mr. WYNN, Mr. ROTH, Mrs. ROUKEMA, Mr. ROYCE, tions pursuant to the Free-Trade Agreement Mr. BENTSEN, Ms. MCCARTHY, Mr. Mr. SALMON, Mr. SANFORD, Mr. for the Americas certain threshold protec- DOOLEY, Mr. HINCHEY, Mr. DICKS, Mr. SAXTON, Mr. SCARBOROUGH, Mr. tions regarding enforceable worker rights, CUMMINGS, Mr. FROST, Mr. SCOTT, Mr. SCHAEFER, Mr. SCHIFF, Mrs. agricultural standards, and environmental MORAN, and Mr. RICHARDSON): SEASTRAND, Mr. SENSENBRENNER, Mr. quality, and to implement a corresponding, H.R. 4284. A bill to prohibit certain abor- SHADEGG, Mr. SHAW, Mr. SHAYS, Mr. comprehensive multilateral dispute resolu- tions; to the Committee on Commerce. SHUSTER, Mr. SKEEN, Mr. SMITH of tion mechanism to investigate, adjudicate, By Mr. COX (for himself, Mr. LARGENT, New Jersey, Mr. SMITH of Texas, Mrs. and render binding, enforceable judgments Mr. BARTON of Texas, Mr. GINGRICH, SMITH of Washington, Mr. SMITH of against any unfair trade practices arising Mr. ARMEY, Mr. DELAY, Mr. BOEHNER, Michigan, Mr. SOUDER, Mr. SPENCE, within the Western Hemisphere free trade Mr. LIVINGSTON, Mr. ARCHER, Mr. KA- Mr. STEARNS, Mr. STOCKMAN, Mr. area, including those involving the system- SICH, Mr. PAXON, Ms. MOLINARI, Mr. STUMP, Mr. TALENT, Mr. TATE, Mr. atic denial or practical nullification of cer- CLINGER, Mr. SOLOMON, Mr. GOSS, Mr. TAUZIN, Mr. THOMAS, Mr. tain threshold protections of worker rights, HORN, Mr. STENHOLM, Ms. HARMAN, THORNBERRY, Mr. TIAHRT, Mr. agricultural standards, and environmental Mr. CONDIT, Mr. HALL of Texas, Mr. TORKILDSEN, Mr. UPTON, Mrs. VUCAN- quality; to the Committee on Ways and PETERSON of Minnesota, Mr. OVICH, Mr. WALKER, Mr. WALSH, Mr. Means. POSHARD, Mr. MONTGOMERY, Mr. WAMP, Mr. WATTS of Oklahoma, Mr. H.R. 4292. A bill to provide a comprehen- ROSE, Mr. PETE GEREN of Texas, Mr. WELDON of Pennsylvania, Mr. sive program of adjustment assistance to ALLARD, Mr. BACHUS, Mr. BAKER of WELDON of Florida, Mr. WELLER, Mr. workers displaced as a result of any pro- California, Mr. BAKER of Louisiana, WHITE, Mr. WICKER, Mr. WHITFIELD, gram, project, or activity carried out under Mr. BALLENGER, Mr. BARR, Mr. Mr. WOLF, and Mr. ZIMMER): Federal law; to the Committee on Economic BARRETT of Nebraska, Mr. BARTLETT H.R. 4285 A bill to amend the Congressional and Educational Opportunities, and in addi- of Maryland, Mr. BASS, Mr. BATEMAN, Budget and Impoundment Control Act of 1974 tion to the Committees on Transportation Mr. BEREUTER, Mr. BILBRAY, Mr. to reform the budget process, and for other and Infrastructure, and Ways and Means, for BILIRAKIS, Mr. BLILEY, Mr. BLUTE, purposes; to the Committee on the Budget, a period to be subsequently determined by Mr. BOEHLERT, Mr. BONILLA, Mr. and in addition to the Committees on Gov- the Speaker, in each case for consideration BONO, Mr. BROWNBACK, Mr. BRYANT of ernment Reform and Oversight, Appropria- of such provisions as fall within the jurisdic- Tennessee, Mr. BUNNING of Kentucky, tions, and Rules, for a period to be subse- tion of the committee concerned. Mr. BURR, Mr. BURTON of Indiana, quently determined by the Speaker, in each By Mr. BROWNBACK (for himself, Mr. Mr. BUYER, Mr. CALLAHAN, Mr. CAL- case for consideration of such provisions as ALLARD, and Mr. HOKE): VERT, Mr. CAMP, Mr. CAMPBELL, Mr. fall within the jurisidiction of the commit- H.R. 4293. A bill to amend title 31, United CANADY, Mr. CASTLE, Mr. CHABOT, tee concerned. States Code, to provide for public disclosure H12174 CONGRESSIONAL RECORD — HOUSE September 28, 1996 of the amounts of Federal funds used to con- By Mr. HOKE: drawals from IRA’s for certain purposes, to duct field examinations of appropriation es- H.R. 4304. A bill to restore equal edu- increase the amount of tax deductible IRA timates; to the Committee on Government cational opportunity; to the Committee on contributions, and for other purposes; to the Reform and Oversight. Economic and Educational Opportunities, Committee on Ways and Means. By Mr. COOLEY. and in addition to the Committee on the Ju- H.R. 4312. A bill to revitalize the tourism H.R. 4294. A bill to prohibit further exten- diciary, for a period to be subsequently de- industry and to provide airport security, and sion or establishment of any national monu- termined by the Speaker, in each case for for other purposes; to the Committee on ment in Oregon without full public partici- consideration of such provisions as fall with- Transportation and Infrastructure, and in pation and an express act of Congress, and in the jurisdiction of the committee con- addition to the Committees on Commerce, for other purposes; to the Committee on Re- cerned. Ways and means, the Judiciary, and Inter- sources. By Mr. JOHNSON of South Dakota (for national Relations, for a period to be subse- By Mr. CRAPO: himself and Mr. MINGE): quently determined by the Speaker, in each H.R. 4295. A bill to authorize the Secretary H.R. 4305. A bill to amend the research pro- case for consideration of such provisions as of the Interior to transfer certain facilities visions of the Fund for Rural America to in- fall within the jurisdiction of the committee of the Minidoka Project to the Burley Irriga- clude the development and promotion of pre- concerned. tion District, and for other purposes; to the cision agriculture and precision agriculture By Mrs. MEYERS of Kansas: Committee on Resources. technologies among the purposes for which H.R. 4313. A bill to amend the Small Busi- By Ms. DELAURO (for herself, Mr. DIN- research, extension, and education grants ness Act to strengthen existing protections GELL, Mr. SANDERS, Mr. COSTELLO, may be provided; to the Committee on Agri- for small business participation in Federal Mr. FOGLIETTA, Mr. MORAN, Mrs. culture. contracting opportunities, to provide for as- LOWEY, Mr. PALLONE, Mrs. MEEK of By Mr. KENNEDY of Massachusetts sessments of the impacts on small businesses Florida, Mr. LOBIONDO, Ms. PELOSI, (for himself and Mr. MILLER of Cali- of the steadily increasing use of contract Mr. NADLER, Ms. ESHOO, Mrs. fornia): bundling by the procurement activities of MALONEY, Ms. NORTON, Mrs. CLAY- H.R. 4306. A bill to enhance international the various Federal agencies, and for other TON, and Ms. SLAUGHTER): security by using the resources and expertise purposes; to the Committee on Small Busi- H.R. 4296. A bill to require that health of the international financial institutions ness, and in addition to the Committee on plans provide coverage for a minimum hos- and the United Nations to redirect world Government Reform and Oversight, for a pe- pital stay for mastectomies and lymph node military spending to human development; to riod to be subsequently determined by the dissection of the treatment of breast cancer; the Committee on International Relations, Speaker, in each case for consideration of to the Committee on Commerce. and in addition to the Committee on Bank- such provisions as fall within the jurisdic- By Mr. DELAY: ing and Financial Services, for a period to be tion of the committee concerned. H.R. 4297. A bill to give all American elec- subsequently determined by the Speaker, in By Mr. MOORHEAD (for himself and tricity consumers the right to choose among each case for consideration of such provi- Mr. HYDE): competitive providers of electricity in order sions as fall within the jurisdiction of the H.R. 4314. A bill to make improvements in to secure lower electricity rates, higher committee concerned. the operation and administration of the Fed- quality services, and a more robust U.S. By Mr. KENNEDY of Massachusetts eral courts, and for other purposes; to the economy, and for other purposes; to the (for himself, Mr. SMITH of New Jer- Committee on the Judiciary. Committee on Commerce. sey, Mr. BROWN of California, Mr. By Mr. OWENS (for himself, Ms. NOR- By Mr. ENSIGN: MORAN, Mr. SANDERS, Mr. EVANS, and TON, Ms. MCKINNEY, Mr. FRAZER, Mr. H.R. 4298. A bill to provide for a special Mr. FRANK of Massachusetts): YATES, Mr. DELLUMS, Mr. PAYNE of Medicare part B enrollment period and a spe- H.R. 4307. A bill to prohibit the importa- New Jersey, Mr. HILLIARD, Mr. KIL- cial Medigap open enrollment period for cer- tion of soccer balls manufactured or assem- DEE, and Mrs. MINK of Hawaii): tain military retirees and dependents; to the bled with child labor; to the Committee on H.R. 4315. A bill to provide patients with Committee on Commerce, and in addition to Ways and Means, and in addition to the Com- information and rights to promote better the Committee on Ways and Means, for a pe- mittee on International Relations, for a pe- health care; to the Committee on Commerce, riod to be subsequently determined by the riod to be subsequently determined by the and in addition to the Committee on Ways Speaker, in each case for consideration of Speaker, in each case for consideration of and Means, for a period to be subsequently such provisions as fall within the jurisdic- such provisions as fall within the jurisdic- determined by the Speaker, in each case for tion of the committee concerned. tion of the committee concerned consideration of such provisions as fall with- By Mr. FRANKS of New Jersey (for By Mrs. LOWEY (for herself, Mr. in the jurisdiction of the committee con- himself, Mr. HERGER, Mr. BILBRAY, SKAGGS, Mr. FROST, Mr. YATES, Mrs. cerned. and Mrs. MEYERS of Kansas): MORELLA, Mr. TORRICELLI, Mr. By Mr. PALLONE: H.R. 4299. A bill to regulate the use by NADLER, Mr. MANTON, Mr. SCHUMER, H.R. 4316. A bill to amend the Federal interactive computer services of Social Secu- and Mr. PALLONE): Power Act to provide a moratorium on the rity account numbers and related personally H.R. 4308. A bill to reestablish the Office of retail wheeling of electric energy until the identifiable information; to the Committee Noise Abatement and Control in the Envi- Clean Air Act is amended to reduce signifi- on Commerce. ronmental Protection Agency; to the Com- cantly certain transboundary air pollution, By Ms. FURSE: mittee on Commerce, and in addition to the and for other purposes; to the Committee on H.R. 4300. A bill to amend the Public Committee on Transportation and Infra- Commerce. Health Service Act to assure the availability structure, for a period to be subsequently de- H.R. 4317. A bill relating to disposal of con- of health insurance coverage for children in termined by the Speaker, in each case for taminated dredged materials in the Port of the individual market in a manner similar to consideration of such provisions as fall with- New York-New Jersey; to the Committee on guaranteed availability of individual health in the jurisdiction of the committee con- Transportation and Infrastructure. insurance coverage for certain previously cerned. By Mr. PETRI: covered individuals under the Health Insur- By Mrs. LOWEY: H.R. 4318. A bill to provide for a system of ance Portability and Accountability Act of H.R. 4309. A bill to provide interest sub- guaranteeing the deposits and certain other 1996; to the Committee on Commerce. sidies for new school construction and ren- liabilities of depository institutions through By Mr. GOODLING: ovation projects; to the Committee on Eco- a self-regulating system of cross-guarantees, H.R. 4301. A bill to amend the Internal Rev- nomic and Educational Opportunities, and in to protect taxpayers against deposit insur- enue Code of 1986 to provide that elected tax addition to the Committee on Commerce, for ance losses, and for other purposes; to the collectors shall be treated as self-employed a period to be subsequently determined by Committee on Banking and Financial Serv- for certain purposes; to the Committee on the Speaker, in each case for consideration ices, and in addition to the Committee on Ways and Means. of such provisions as fall within the jurisdic- the Judiciary, for a period to be subse- By Mr. GUNDERSON: tion of the committee concerned. quently determined by the Speaker, in each H.R. 4302. A bill to consolidate within the By Mr. MCCOLLUM: case for consideration of such provisions as Department of Agriculture all inspection ac- H.R. 4310. A bill to amend the Federal Elec- fall within the jurisdiction of the committee tivities regarding livestock and poultry car- tion Campaign Act of 1971 to establish the concerned. casses, seafood, meat products, poultry prod- Presidential Debate Commission on an on- By Mr. SANFORD: ucts, and seafood products to provide for the going basis and to amend the Internal Reve- H.R. 4319. A bill to provide for the estab- improved inspection of those articles and nue Code of 1986 to reduce the amount of lishment of uniform accounting systems, ac- products; to the Committee on Agriculture. funds provided under such act for party counting standards, and accounting report- By Ms. HARMAN (for herself and Mr. nominating conventions for any party whose ing systems in the Federal Government, and CAMPBELL): nominee for President or Vice President does for other purposes; to the Committee on H.R. 4303. A bill to authorize appropria- not participate in any debate scheduled by Government Reform and Oversight. tions to reimburse States for costs of educat- the Commission, and for other purposes; to By Mr. SCHUMER: ing certain illegal alien students; to the the Committee on House Oversight. H.R. 4320. A bill to amend the Truth in Committee on Economic and Educational H.R. 4311. A bill to amend the Internal Rev- Lending Act to require a credit card issuer Opportunities. enue Code of 1986 to allow penalty-free with- to disclose only 1 annual percentage rate of September 28, 1996 CONGRESSIONAL RECORD — HOUSE H12175 interest in any preapproved application or By Mr. ARMEY: H.R. 3817: Mr. BARTLETT of Maryland. solicitation to open a credit card account H.J. Res. 198. Joint resolution appointing H.R. 3839: Mr. SERRANO. under an open end consumer credit plan, and the day for the convening of the first session H.R. 3849: Mr. WELDON of Pennsylvania. for other purposes; to the Committee on of the 105th Congress and the day for the H.R. 3857: Mr. MILLER of California. Banking and Financial Services. counting in Congress of the electoral votes H.R. 3961: Mr. CONDIT. H.R. 4321. A bill to enhance and protect re- for President and Vice President cast in De- H.R. 3991: Mrs. CLAYTON. tirement savings; to the Committee on Ways cember 1996; considered and passed. H.R. 3992: Ms. KAPTUR. and Means, and in addition to the Committee By Mr. SHUSTER: H.R. 4001: Mr. DELLUMS. on Economic and Educational Opportunities, H. Con. Res. 229. Concurrent resolution di- H.R. 4019: Ms. HARMAN. for a period to be subsequently determined recting the Secretary of the Senate to make H.R. 4027: Mr. LAZIO of New York. by the Speaker, in each case for consider- corrections in the enrollment of S. 1004; con- H.R. 4031: Mr. KIM and Mrs. SEASTRAND. ation of such provisions as fall within the ju- sidered and agreed to. H.R. 4047: Mrs. CLAYTON and Mrs. KAPTUR. risdiction of the committee concerned. By Mr. ARMEY: H.R. 4052: Ms. SLAUGHTER and Mrs. CLAY- By Mr. SCHUMER (for himself and Mr. H. Con. Res. 230. Concurrent resolution TON. CUMMINGS): providing for the sine die adjournment of the H.R. 4058: Mr. KILDEE, Mr. TOWNS, Mr. H.R. 4322. A bill to amend the Violent second session of the 104th Congress; consid- Crime Control and Law Enforcement Act of FILNER, Mr. DELLUMS, Ms. LOFGREN, Mr. ered and agreed to. GEJDENSON, Mr. GONZALEZ, Mr. BOUCHER, 1994; to the Committee on the Judiciary. By Mrs. LOWEY (for herself, Mr. GIL- By Mr. SCHUMER (for himself and Ms. Mrs. MALONEY, Mr. MANTON, Mr. FRANK of MAN, Mrs. KELLY, and Mr. ENGEL): Massachusetts, Mrs. LOWEY, and Mr. SLAUGHTER): H. Con. Res. 231. Concurrent resolution H.R. 4323. A bill to amend the Internal Rev- FALEOMAVAEGA. condemning anti-semitic vandalism in West- H.R. 4065: Mr. EVANS, Mr. FRANK of Massa- enue Code of 1986 to make higher education chester County, NY; to the Committee on more affordable by providing tax benefits to chusetts, and Mr. BORSKI. the Judiciary. individuals who save for, or pay for, higher H.R. 4066: Mrs. VUCANOVICH. H. Res. 551. Resolution relating to early or- education; to the Committee on Ways and H.R. 4068: Mr. ORTON. ganization of the House of Representatives Means. H.R. 4071: Ms. NORTON, Mrs. CLAYTON, Mr. for the 105th Congress; pursuant to House By Mr. SCHUMER: CONYERS, and Ms. BROWN of Florida. Resolution 546, considered as having been H.R. 4324. A bill to improve the program of H.R. 4072: Mr. EWING, Mr. COX, and Mr. adopted. block grants to States for temporary assist- SMITH of Texas. H. Res. 552. Resolution providing for the ance for needy families; to the Committee on H.R. 4077: Mrs. CHENOWETH. printing of the revised edition of the Rules Ways and Means. H.R. 4093: Mrs. ROUKEMA and Mr. PALLONE. and Manual of the House of Representatives By Mr. SCHUMER (for himself, Mr. H.R. 4102: Mr. CAMP. for the 105th Congress; pursuant to House CAMPBELL, and Mr. SHAYS): H.R. 4117: Mr. STARK, Mrs. MYRICK, Mr. Resolution 546, considered as having been H.R. 4325. A bill to amend title XVIII of the ENGEL, and Mr. FROST. adopted. Social Security Act to provide hospitals ex- H.R. 4124: Mr. STUPAK. tend fair visitor privileges to non-family f H.R. 4131: Ms. FURSE, Mr. COSTELLO, Mr. members; to the Committee on Ways and ADDITIONAL SPONSORS GUTIERREZ, and Mr. ORTIZ. Means. H.R. 4149: Mr. NUSSLE and Mr. BENTSEN. By Mr. TORRICELLI: Under clause 4 of rule XXII, sponsors H.R. 4178: Mr. BAESLER. H.R. 4326. A bill to amend title 18, United were added to public bills and resolu- H.R. 4262: Mr. HOYER. States Code, to prohibit interactive com- tions as follows: H.R. 4264: Ms. FURSE. puter services from releasing to the public H.J. Res. 174: Mr. SALMON. certain private information; to the Commit- H.R. 1317: Mr. CAMP and Mr. WELLER. H. Con. Res. 190: Ms. FURSE. tee on the Judiciary. H.R. 1560: Mr. BORSKI. H. Con. Res. 210: Mr. GREEN of Texas, Mr. By Mr. WHITE (for himself and Mr. H.R. 2152: Mr. BACHUS. WALSH, Mr. LIPINSKI, Mr. SISISKY, Mr. OBER- HORN): H.R. 2237: Mrs. THURMAN. STAR, Mr. NEAL of Massachusetts, Mr. H.R. 4327. A bill to establish a temporary H.R. 2396: Mr. PICKETT, Mr. PAYNE of Vir- BARRETT of Wisconsin, Mr. EVANS, Mr. commission to recommend reforms in the ginia, Mr. ENSIGN, and Mrs. VUCANOVICH. TEJEDA, Mr. WARD, and Mr. MCHALE. laws relating to elections for Federal office; H.R. 2746: Mr. SCHUMER, Mr. SERRANO, and to the Committee on House Oversight, and in Mr. PORTER. H. Con. Res. 215: Mr. SCHUMER, and Mr. addition to the Committee on Rules, for a H.R. 2962: Ms. SLAUGHTER. PORTER. period to be subsequently determined by the H.R. 2976: Mr. PICKETT, Mr. BONIOR, and H. Res. 510: Mr. GILMAN and Mr. GOSS. Speaker, in each case for consideration of Mr. GILCHREST. H. Res. 518: Mr. WAXMAN, Mr. GUTIERREZ, such provisions as fall within the jurisdic- H.R. 3011: Mr. ACKERMAN, Mr. SAM JOHN- Mr. FATTAH, Ms. KAPTUR, Mr. FLAKE, Mr. tion of the committee concerned. SON, and Mr. BAKER of Louisiana. RUSH, Mr. WATT of North Carolina, Mr. CLAY, By Mr. WHITE: H.R. 3142: Mr. ORTON. Mr. STOKES, Ms. WOOLSEY, Ms. NORTON, Mr. H.R. 4328. A bill to enhance the competi- H.R. 3163: Mr. NETHERCUTT. FORD, Mr. CONYERS, Mr. RANGEL, Mr. tiveness of the United States and promote H.R. 3252: Mrs. MINK of Hawaii, Mr. HINCHEY, Ms. FURSE, Mr. OWENS, Mr. foreign commerce generally through the cre- DEFAZIO, and Mr. BORSKI. BECERRA, Ms. ESHOO, Mr. WARD, Mr. WATTS ation of the U.S. Trade Administration as an H.R. 3332: Mr. MARTINEZ, Mr. PAYNE of New of Oklahoma, Mr. FARR, Mr. MARKEY, Mrs. independent establishment in the executive Jersey, Mr. OWENS, Mr. FOGLIETTA, Mr. WATT MALONEY, Mrs. LOWEY, Mr. RICHARDSON, Mr. branch of the Government; to the Committee of North Carolina, Ms. ROYBAL-ALLARD, Mr. TRAFICANT, Mr. TEJEDA, Mrs. THURMAN, Mr. on Ways and Means, and in addition to the FALEOMAVAEGA, Mr. WYNN, and Mrs. KENNEDY of Massachusetts, Mr. TOWNS, Mr. Committees on Banking and Financial Serv- MALONEY. HOYER, and Mr. FROST. ices, Government Reform and Oversight, H.R. 3631: Mr. CUMMINGS. H. Res. 519: Mr. GOSS. International Relations, and Commerce, for H.R. 3654: Mr. DUNCAN. H. Res. 542: Ms. SLAUGHTER. a period to be subsequently determined by H.R. 3713: Mr. ACKERMAN, Mr. LANTOS, Mrs. the Speaker, in each case for consideration SCHROEDER, and Mr. SERRANO. f of such provisions as fall within the jurisdic- H.R. 3714: Mrs. CLAYTON and Mrs. LOWEY. tion of the committee concerned. H.R. 3731: Mr. BAKER of Louisiana. By Ms. PRYCE: H.R. 3737: Mr. DUNCAN, Mr. WAMP, Mr. TAN- DELETIONS OF SPONSORS FROM H.J. Res. 197. Joint resolution waiving cer- NER, Mr. LIPINSKI, Mr. FROST, Mr. FLAKE, Mr. PUBLIC BILLS AND RESOLUTIONS tain enrollment requirements with respect LAFALCE, and Mr. PASTOR. Under clause 4 of rule XXII, sponsors to any bill or joint resolution of the 104th H.R. 3747: Mr. SPRATT and Mr. BISHOP. were deleted from public bills and reso- Congress making general or continuing ap- H.R. 3775: Mr. BISHOP, Mr. ORTIZ, and Mr. propriations for fiscal year 1997; considered CHAMBLISS. lutions as follows: and passed. H.R. 3787: Mr. LEWIS of Georgia. H.R. 4148: Mr. BARRETT of Nebraska. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, SATURDAY, SEPTEMBER 28, 1996 No. 137—Part II Senate

THE SAVINGS IN CONSTRUCTION and other business-related activities, unless ‘‘(5) ‘full and open competition’ has the ACT OF 1996 that use is likely to cause significant cost or same meaning as defined in section 403(6) of loss of markets to United States firms, such title 41, United States Code; as when foreign competitors are producing ‘‘(6) ‘total installed price’ means the price competing products in non-metric units. of purchasing a product or material, trim- BURNS (AND OTHERS) (2) In accordance with that Act and Execu- AMENDMENT NO. 5417 ming or otherwise altering some or all of tive Order 12770, of July 25, 1991, Federal that product or material, if necessary to fit Mr. LOTT (for Mr. BURNS, for him- agencies increasingly construct new Federal with other building components, and then in- buildings in round metric dimensions. As a self, Mr. STEVENS, Mr. GLENN, Mr. stalling that product or material into a Fed- result, companies that wish to bid on Fed- PRESSLER, Mr. HOLLINGS, Mr. KERRY, eral construction projects increasingly are eral facility; Mr. WARNER, Mr. ROBB, Mr. SHELBY, asked to supply materials or products in ‘‘(7) ‘hard-metric’ means measurement, de- and Mr. GRAMS) proposed an amend- round metric dimensions. sign, and manufacture using the metric sys- ment to the bill (H.R. 2779) to provide (3) While the Metric Conversion Act of 1975 tem of measurement, but does not include for soft-metric conversation, and for currently provides an exemption to metric measurement, design, and manufacture using other purposes; as follows: usage when impractical or when such usage English system measurement units which will cause economic inefficiencies, amend- are subsequently reexpressed in the metric Strike out all after the enacting clause and ments are warranted to ensure that the use system of measurement; insert the following: of specific metric components in metric con- ‘‘(8) ‘cost or pricing data or price analysis’ SECTION 1. SHORT TITLE. struction projects do not increase the cost of has the meaning given such terms in section This Act may be cited as the ‘‘Savings in Federal buildings to the taxpayers. 304A of the Federal Property and Adminis- Construction Act of 1996’’. SEC. 3. DEFINITIONS. trative Services Act of 1949 (41 U.S.C. 254b); SEC. 2. FINDINGS. Section 4 of the Metric Conversion Act of and The Congress finds the following: 1975 (15 U.S.C. 205c) is amended— ‘‘(9) ‘Federal facility’ means any public (1) The Metric Conversion Act of 1975 was (1) by striking ‘‘and’’ at the end of para- building (as defined under section 13 of the enacted in order to set forth the policy of the graph (3); Public Buildings Act of 1959 (40 U.S.C. 612) United States to convert to the metric sys- (2) by striking ‘‘Commerce.’’ in paragraph and shall include any Federal building or tem. Section 3 of that Act requires that each (4) and inserting ‘‘Commerce;’’; and construction project— Federal agency use the metric system of (3) by inserting after paragraph (4) the fol- measurements in its procurement, grants, lowing: ‘‘(A) on lands in the public domain;

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

S11743 S11744 CONGRESSIONAL RECORD — SENATE September 28, 1996 ‘‘(B) on lands used in connection with Fed- fers received for comparable existing to cause significant inefficiencies or loss of eral programs for agriculture research, projects. The head of the agency shall in- markets to United States firms in violation recreation, and conservation programs; clude in the writing required in this sub- of the policy stated in section 3(2), or is oth- ‘‘(C) on or used in connection with river, section an explanation of the factors used to erwise inconsistent with guidance issued by harbor, flood control, reclamation, or power develop the price estimates. the Secretary of Commerce in consultation projects; ‘‘(c) RECESSED LIGHTING FIXTURES.—In car- with the Interagency Council on Metric Pol- ‘‘(D) on or used in connection with housing rying out the policy set forth in section 3 icy while ensuring that the goals of the Met- and residential projects; (with particular emphasis on the policy set ric Conversion Act of 1975 are observed. ‘‘(E) on military installations (including forth in paragraph (2) of that section) a Fed- ‘‘(3) The ombudsman shall respond to each any fort, camp, post, naval training station, eral agency may require that specifications complaint in writing within 60 days and airfield, proving ground, military supply for the acquisition of structures or systems make a recommendation to the head of the depot, military school, or any similar facil- of recessed lighting fixtures be expressed executive agency for an appropriate resolu- ity of the Department of Defense); under the metric system of measurement, tion thereto. In such a recommendation, the ‘‘(F) on installations of the Department of but may not incorporate specifications, that ombudsman shall consider— Veteran Affairs used for hospital or domi- can only be satisfied by hard-metric versions ‘‘(A) whether the agency is adequately ap- ciliary purposes; or of recessed lighting fixtures, in a solicitation plying the policies and procedures in this ‘‘(G) on lands used in connection with Fed- for design or construction of a Federal facil- section; eral prisons, ity within the United States or its terri- ‘‘(B) whether the availability of hard-met- but does not include (i) any Federal Building tories unless the head of the agency deter- ric products and services from United States or construction project the exclusion of mines in writing that— firms is sufficient to ensure full and open which the President deems to be justified in ‘‘(1) the predominant voluntary industry competition; and the public interest, or (ii) any construction consensus standards include the use of hard- ‘‘(C) the total installed price to the Federal project or building owned or controlled by a metric for the items specified; or Government. State government, local government, Indian ‘‘(2) hard-metric specifications are nec- ‘‘(4) After the head of the agency has ren- tribe, or any private entity.’’. essary in a contract for the repair or replace- dered a decision regarding a recommenda- ment of parts of Federal facilities in exist- tion of the ombudsman, the ombudsman SEC. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL FACILITIES. ence or under construction upon the effec- shall be responsible for communicating the (a) The Metric Conversion Act of 1975 (15 tive date of the Savings in Construction Act decision to all appropriate policy, design, U.S.C. 205 et sec.) is amended by inserting of 1996; or planning, procurement, and notifying per- after section 13 the following new section: ‘‘(3) the following 2 criteria are met: sonnel in the agency. The ombudsman shall ‘‘(A) the application requires hard-metric conduct appropriate monitoring as required ‘‘SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION SERVICES AND MA- recessed lighting fixtures to coordinate di- to ensure the decision is implemented, and TERIALS FOR FEDERAL FACILITIES. mensionally into 100 millimeter building may submit further recommendations, as ‘‘(a) IN GENERAL.—Construction services modules; and needed. The head of the agency’s decision on and materials for Federal facilities shall be ‘‘(B) the total installed price of hard-met- the ombudsman’s recommendations, and any procured in accordance with the policies and ric recessed lighting fixtures is estimated to supporting documentation, shall be provided procedures set forth in chapter 137 of title 10, be equal to or less than the total installed to affected parties and made available to the United States Code, section 2377 of title 10, price of using non-hard-metric recessed public in a timely manner. United States Code, title III of the Federal lighting fixtures. Total installed price esti- ‘‘(5) Nothing in this section shall be con- Property and Administrative Services Act of mates shall be based, to the extent available, strued to supersede the bid protest process 1949 (41 U.S.C. 251 et seq.), and section 3(2) of on cost or pricing data or price analysis, established under subchapter V of chapter 35 this Act. Determination of a design method using actual hard-metric and non-hard-met- of title 31, United States Code.’’. shall be based upon preliminary market re- ric offers received for comparable existing SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS search as required under section 2377(c) of projects. The head of the agency shall in- PROVISIONS. title 10, United States Code, and section clude in the writing required in this sub- (a) EFFECTIVE DATE.—This Act and the 314B(c) of the Federal Property and Adminis- section an explanation of the factors used to amendments made by this Act shall take ef- trative Services Act of 1949 (41 U.S.C. develop the price estimates. fect 90 days after the date of enactment of 264b(c)). If the requirements of this Act con- ‘‘(d) LIMITATION.—The provisions of sub- this Act. flict with the provisions of section 2377 of sections (b) and (c) of this section shall not (b) SAVINGS PROVISIONS.—This Act shall title 10, United States Code, or section 314B apply to Federal contracts to acquire con- not apply to contracts awarded and solicita- of the Federal Property and Administrative struction products for the construction of fa- tions issued on or before the effective date of Services Act of 1949, then the provisions of cilities outside of the United States and its this Act, unless the head of a Federal agency 2377 or 314B shall take precedence. territories. makes a written determination in his or her XPIRATION ‘‘(b) CONCRETE MASONRY UNITS.—In carry- ‘‘(e) E .—The provisions contained sole discretion that it would be in the public ing out the policy set forth in section 3 (with in subsections (b) and (c) of this section shall interest to apply one or more provisions of particular emphasis on the policy set forth expire 10 years from the effective date of the this Act or its amendments to these existing in paragraph (2) of that section) a Federal Savings in Construction Act of 1996.’’. contracts or solicitations. agency may require that specifications for SEC. 5. OMBUDSMAN. f the acquisition of structures or systems of Section 14 of the Metric Conversion Act of concrete masonry be expressed under the 1975, as added by section 4 of this Act, is fur- THE READJUSTMENT COMMISSION metric system of measurement, but may not ther amended by adding at the end the fol- ACT OF 1996 incorporate specifications, that can only be lowing new subsection: satisfied by hard-metric versions of concrete ‘‘(f) AGENCY OMBUDSMAN.—(1) The head of masonry units, in a solicitation for design or each executive agency that awards construc- SIMPSON (AND ROCKEFELLER) construction of a Federal facility within the tion contracts within the United States and AMENDMENT NO. 5418 its territories shall designate a senior agen- United States or its territories, or a portion Mr. NICKLES (for Mr. SIMPSON, for of said Federal facility, unless the head of cy official to serve as a construction himself and Mr. ROCKEFELLER) pro- the agency determines in writing that— metrication ombudsman who shall be respon- ‘‘(1) hard-metric specifications are nec- sible for reviewing and responding to com- posed an amendment to the bill (S. essary in a contract for the repair or replace- plaints from prospective bidders, subcontrac- 1711) to establish a commission to ment of parts of Federal facilities in exist- tors, suppliers, or their designated represent- evaluate the programs of the Federal ence or under construction upon the effec- atives related to— Government that assist members of the tive date of the Savings in Construction Act ‘‘(A) guidance or regulations issued by the Armed Forces and veterans in readjust- of 1996; or agency on the use of the metric system of ing to civilian life, and for other pur- measurement in contracts for the construc- ‘‘(2) the following 2 criteria are met: poses; as follows: ‘‘(A) the application requires hard-metric tion of Federal buildings; and concrete masonry units to coordinate dimen- ‘‘(B) the use of the metric system of meas- Strike all after the enacting clause and in- sionally into 100 millimeter building mod- urement for services and materials required sert the following: ules; and for incorporation in individual projects to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(B) the total installed price of hard-met- construct Federal buildings. (a) SHORT TITLE.—This Act may be cited as ric concrete masonry units is estimated to The construction metrication ombudsman the ‘‘Veterans’ Benefits Improvements Act of be equal to or less than the total installed shall be independent of the contracting offi- 1996’’. price of using non-hard-metric concrete ma- cer for construction contracts. (b) TABLE OF CONTENTS.—The table of con- sonry units. Total installed price estimates ‘‘(2) The ombudsman shall be responsible tents of this Act is as follows: shall be based, to the extent available, on for ensuring that the agency is not imple- Sec. 1. Short title; table of contents. cost or pricing data or price analysis, using menting the metric system of measurement Sec. 2. References to title 38, United States actual hard-metric and non-hard-metric of- in a manner that is impractical or is likely Code. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11745 TITLE I—EDUCATION BENEFITS Sec. 505. Expansion of period of Vietnam era thereof ‘‘veteran’s current employment’’; Sec. 101. Employment handicap for which an for certain veterans. and individual may receive training Sec. 506. Payment of benefit to surviving (3) in subsection (d), by striking out and rehabilitation assistance. spouse for month in which vet- ‘‘under this chapter’’ and inserting in lieu Sec. 102. Permanent authority for alter- eran dies. thereof ‘‘in accordance with the provisions of native teacher certification Sec. 507. Increase in period for which ac- section 3120 of this title’’. programs. crued benefits payable. (d) SCOPE OF SERVICES AND ASSISTANCE.— Sec. 103. Period of operation for approval. Sec. 508. Appointment of veterans service Section 3104 is amended— Sec. 104. Elimination of distinction between organizations as claimants’ rep- (1) in subsection (a)— open circuit TV and independ- resentatives. (A) in paragraph (1)— ent study. Sec. 509. Provision of copies of Board of Vet- (i) by striking out ‘‘such veteran’s disabil- Sec. 105. Cooperative programs. erans’ Appeals decisions. ity or disabilities cause’’ and inserting in Sec. 106. Enrollment of certain VEAP par- Sec. 510. Limitation on relocation or reduc- lieu thereof ‘‘the veteran has an employment ticipants in Montgomery GI tion in staffing of certain ele- handicap or’’; and Bill. ments of the Education Service (ii) by inserting ‘‘reasonably’’ after ‘‘goal Sec. 107. Montgomery GI Bill eligibility for of the Veterans Benefits Ad- is’’; certain active duty members of ministration. (B) in paragraph (7)(A)— Army and Air National Guard. TITLE VI—OTHER MATTERS (i) by striking out ‘‘(i)’’; and (ii) by striking out ‘‘, and (ii)’’ and all that TITLE II—HOUSING AND MEMORIAL Sec. 601. Extension of certain authorities for follows through ‘‘such Act’’; and AFFAIRS services for homeless veterans. (C) in paragraph (12), by striking out ‘‘For Sec. 602. Repair and long-term maintenance Subtitle A—Housing the most severely disabled veterans requir- of war memorials. Sec. 201. Extension of enhanced loan asset ing’’ and inserting in lieu thereof ‘‘For veter- sale authority. TITLE VII—COMMISSION ON ans with the most severe service-connected Sec. 202. Direct loans to refinance loans SERVICEMEMBERS AND VETERANS disabilities who require’’; and under Native American veteran TRANSITION ASSISTANCE (2) by striking out subsection (b) and redes- housing loan pilot program. Sec. 701. Establishment of Commission. ignating subsection (c) as subsection (b). Subtitle B—Memorial Affairs Sec. 702. Duties of Commission. (e) DURATION OF REHABILITATION PRO- Sec. 703. Powers of Commission. Sec. 211. Clarification of eligibility of mi- GRAMS.—Paragraph (1) of section 3105(c) is Sec. 704. Miscellaneous administrative pro- amended by striking out ‘‘veteran’s employ- nors for burial in national visions. ment’’ and inserting in lieu thereof ‘‘veter- cemeteries. Sec. 705. Commission personnel matters. an’s current employment’’. Sec. 212. Burial benefits for certain veterans Sec. 706. Termination of Commission. (f) INITIAL AND EXTENDED EVALUATIONS; who die in State nursing homes. Sec. 707. Definitions. DETERMINATIONS REGARDING SERIOUS EM- Sec. 213. Outer burial receptacles. Sec. 708. Funding. PLOYMENT HANDICAP.—(1) Section 3106 is TITLE III—EMPLOYMENT AND TRAINING SEC. 2. REFERENCES TO TITLE 38, UNITED amended— Subtitle A—Veterans’ Employment and STATES CODE. (A) in subsection (a), by striking out ‘‘de- Training Except as otherwise expressly provided, scribed in clause (i) or (ii) of section Sec. 301. Regional Administrator. whenever in this Act an amendment or re- 3102(1)(A) of this title’’ and inserting in lieu Sec. 302. Support personnel for Directors of peal is expressed in terms of an amendment thereof ‘‘rated at 10 percent or more’’; Veterans’ Employment and to or repeal of a section or other provision, (B) in subsection (b), by striking out Training. the reference shall be considered to be made ‘‘counseling in accordance with’’; Sec. 303. Pilot program to integrate and to a section or other provision of title 38, (C) in subsection (c), by striking out ‘‘with streamline functions of local United States Code. extended’’ and inserting in lieu thereof ‘‘with veterans’ employment rep- TITLE I—EDUCATION BENEFITS an extended’’; and resentatives. (D) by redesignating subsections (d) and (e) SEC. 101. EMPLOYMENT HANDICAP FOR WHICH as subsections (e) and (f), respectively, and Subtitle B—Technical Amendments Relating AN INDIVIDUAL MAY RECEIVE inserting after subsection (c) the following to the Uniformed Services Employment TRAINING AND REHABILITATION AS- SISTANCE. new subsection: and Reemployment Rights Act of 1994 ‘‘(d) In any case in which the Secretary has (a) DEFINITIONS.—Section 3101 is amended— Sec. 311. Amendments to chapter 43 of title (1) in paragraph (1), by inserting ‘‘, result- determined that a veteran has a serious em- 38, United States Code. ing in substantial part from a disability de- ployment handicap and also determines, fol- Sec. 312. Amendments to transition rules lowing such initial and any such extended scribed in section 3102(1)(A) of this title,’’ and effective dates. evaluation, that achievement of a vocational after ‘‘impairment’’; Sec. 313. Effective dates. goal currently is not reasonably feasible, the (2) in paragraph (6), by inserting ‘‘author- Secretary shall determine whether the vet- TITLE IV—VETERANS LIFE INSURANCE ized under section 3120 of this title’’ after PROGRAMS eran is capable of participating in a program ‘‘assistance’’; and of independent living services and assistance Sec. 401. Short title. (3) in paragraph (7), by inserting ‘‘, result- Sec. 402. Merger of Retired Reserve under section 3120 of this title.’’. ing in substantial part from a service-con- (2) Chapter 31 is amended— Servicemembers’ Group Life In- nected disability rated at 10 percent or (A) in section 3107(c)(2), by striking out surance and Veterans’ Group more,’’ after ‘‘impairment’’. ‘‘3106(e)’’ and inserting in lieu thereof Life Insurance and extension of (b) BASIC ENTITLEMENT.—Section 3102 is ‘‘3106(f)’’; Veterans’ Group Life Insurance amended— (B) in section 3109, by striking out to members of the Ready Re- (1) in paragraph (1)(A)(i), by striking out ‘‘3106(d)’’ and inserting in lieu thereof serve. ‘‘which is’’ and all that follows through ‘‘3106(e)’’; Sec. 403. Conversion of SGLI and VGLI to ‘‘chapter 11 of this title and’’ and inserting (C) in section 3118(c), by striking out commercial life insurance pol- in lieu thereof ‘‘rated at 20 percent or more’’; ‘‘3106(e)’’ and inserting in lieu thereof icy. (2) in paragraph (2)(A), by striking out ‘‘3106(f)’’; and Sec. 404. Information to be provided mem- ‘‘which is’’ and all that follows through (D) in section 3120(b), by striking out bers concerning automatic ‘‘chapter 11 of this title and’’ and inserting ‘‘3106(d)’’ and inserting in lieu thereof maximum coverage of $200,000 in lieu thereof ‘‘rated at 10 percent’’; and ‘‘3106(d) or (e)’’. under Servicemen’s Group Life (3) by amending paragraph (2)(B) to read as (g) ALLOWANCES.—Section 3108 is amend- Insurance. follows: ed— Sec. 405. Renaming of Servicemen’s Group ‘‘(B) is determined by the Secretary to be (1) in subsection (a)(2), by striking out Life Insurance program. in need of rehabilitation because of a serious ‘‘following the conclusion of such pursuit’’ Sec. 406. Technical amendment. employment handicap.’’. and inserting in lieu thereof ‘‘while satisfac- TITLE V—DEPARTMENT OF VETERANS (c) PERIODS OF ELIGIBILITY.—Section 3103 is torily following a program of employment AFFAIRS ADMINISTRATIVE MATTERS amended— services provided under section 3104(a)(5) of Sec. 501. Revision of authority relating to (1) in subsection (b)(3), by striking out ‘‘de- this title’’; and Centers for Minority Veterans scribed in section 3102(1)(A)(i) of this title’’ (2) in subsection (f)(1)— and Women Veterans. and inserting in lieu thereof ‘‘rated at 10 per- (A) in subparagraph (A)— Sec. 502. Limitation on clothing allowance cent or more’’; (i) by inserting ‘‘eligible for and’’ after for incarcerated veterans. (2) in subsection (c)— ‘‘veteran is’’; Sec. 503. Extension of Veterans’ Claims Ad- (A) in the matter preceding paragraph (1), (ii) by striking out ‘‘chapter 30 or 34’’ and judication Commission. by striking out ‘‘particular’’ and inserting in inserting in lieu thereof ‘‘chapter 30’’; and Sec. 504. Pilot program for use of contract lieu thereof ‘‘current’’; and (iii) by striking out ‘‘either chapter 30 or physicians for disability exami- (B) in paragraph (2), by striking out ‘‘vet- chapter 34’’ and inserting in lieu thereof nations. eran’s employment’’ and inserting in lieu ‘‘chapter 30’’; and S11746 CONGRESSIONAL RECORD — SENATE September 28, 1996 (B) in subparagraph (B), by striking out ‘‘(1) the Secretary would be barred under SEC. 106. ENROLLMENT OF CERTAIN VEAP PAR- ‘‘chapter 30 or 34’’ and inserting in lieu subsection (e) from approving the enrollment TICIPANTS IN MONTGOMERY GI thereof ‘‘chapter 30’’. of an eligible veteran in the course of the BILL. (h) EMPLOYMENT ASSISTANCE.—Paragraph educational institution or entity providing (a) IN GENERAL.—Subchapter II of chapter (1) of section 3117(a) is amended by inserting the course under contract; or 30 is amended by inserting after section ‘‘rated at 10 percent or more’’ after ‘‘disabil- ‘‘(2) the educational institution or entity 3018B the following new section: ity’’. providing the course under contract has not ‘‘§ 3018C. Opportunity for certain VEAP par- (i) PROGRAM OF INDEPENDENT LIVING SERV- obtained approval for the course under this ticipants to enroll ICES AND ASSISTANCE.—Section 3120 is chapter. ‘‘(a) Notwithstanding any other provision amended— ‘‘(g) Notwithstanding subsections (e) and of law, an individual who— (1) in subsection (b), by striking out ‘‘serv- (f), the Secretary may approve the enroll- ‘‘(1) is a participant on the date of the en- ice-connected disability described in section ment of an eligible veteran in a course ap- actment of the Veterans’ Benefits Improve- 3102(1)(A)’’ and inserting in lieu thereof ‘‘se- proved under this chapter if the course is of- ments Act of 1996 in the educational benefits rious employment handicap resulting in sub- fered by an educational institution under program provided by chapter 32 of this title; stantial part from a service-connected dis- contract with the Department of Defense or ‘‘(2) is serving on active duty (excluding ability described in section 3102(1)(A)(i)’’; the Department of Transportation and is the periods referred to in section 3202(1)(C) of and given on or immediately adjacent to a mili- this title) on such date; (2) in subsection (d), by striking out ‘‘and tary base, Coast Guard station, National ‘‘(3) before applying for benefits under this (b)’’. Guard facility, or facility of the Selected Re- section, has completed the requirements of a (j) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the amendments made by serve.’’. secondary school diploma (or equivalency this section shall take effect on the date of (c) APPROVAL OF ACCREDITED COURSES.— certificate) or has successfully completed the enactment of this Act. Subsection (b) of section 3675 is amended to the equivalent of 12 semester hours in a pro- (2) The amendments made by subsection read as follows: gram of education leading to a standard col- (a) (other than paragraph (2)), subsection (d) ‘‘(b) As a condition of approval under this lege degree; (other than subparagraphs (A) and (B) of section, the State approving agency must ‘‘(4) if discharged or released from active paragraph (1)), and subsection (i) shall only find the following: duty during the one-year period specified in apply with respect to claims of eligibility or ‘‘(1) The educational institution keeps ade- paragraph (5), is discharged or released entitlement to services and assistance (in- quate records, as prescribed by the State ap- therefrom with an honorable discharge; and cluding claims for extension of such services proving agency, to show the progress and ‘‘(5) during the one-year period beginning and assistance) under chapter 31 of title 38, grades of the eligible person or veteran and on the date of the enactment of the Veter- United States Code, received by the Sec- to show that satisfactory standards relating ans’ Benefits Improvements Act of 1996, retary of Veterans Affairs on or after the to progress and conduct are enforced. makes an irrevocable election to receive ben- date of the enactment of this Act, including ‘‘(2) The educational institution maintains efits under this section in lieu of benefits those claims based on original applications, a written record of the previous education under chapter 32 of this title, pursuant to and applications seeking to reopen, revise, and training of the eligible person or veteran procedures which the Secretary of each mili- reconsider, or otherwise adjudicate or re- that clearly indicates that appropriate credit tary department shall provide in accordance adjudicate on any basis claims for services has been given by the educational institu- with regulations prescribed by the Secretary and assistance under such chapter. tion for previous education and training, of Defense for the purpose of carrying out SEC. 102. PERMANENT AUTHORITY FOR ALTER- with the training period shortened propor- this section or which the Secretary of Trans- NATIVE TEACHER CERTIFICATION tionately. portation shall provide for such purpose with PROGRAMS. respect to the Coast Guard when it is not op- Subsection (c) of section 3452 is amended ‘‘(3) The educational institution and its ap- proved courses meet the criteria of para- erating as a service in the Navy; by striking out ‘‘For the period ending on may elect to become entitled to basic edu- September 30, 1996, such’’ and inserting in graphs (1), (2), and (3) of section 3676(c) of this title.’’. cational assistance under this chapter. lieu thereof ‘‘Such’’. ‘‘(b) With respect to an individual who SEC. 103. PERIOD OF OPERATION FOR AP- SEC. 104. ELIMINATION OF DISTINCTION BE- makes an election under subsection (a) to be- TWEEN OPEN CIRCUIT TV AND INDE- PROVAL. come entitled to basic education assistance (a) IN GENERAL.—(1) Chapter 36 is amend- PENDENT STUDY. under this chapter— ed— (a) VETERANS’ EDUCATIONAL ASSISTANCE ‘‘(1) the basic pay of the individual shall be (A) by striking out section 3689; and PROGRAM.—Subsection (f) of section 3482 is reduced (in a manner determined by the Sec- (B) by striking out the item relating to amended by striking out ‘‘in part’’. retary of Defense) until the total amount by section 3689 in the table of sections at the be- (b) SURVIVORS’ AND DEPENDENTS’ EDU- which such basic pay is reduced is $1,200; or ginning of such chapter. CATIONAL ASSISTANCE.—Section 3523 is ‘‘(2) to the extent that basic pay is not so (2) Subparagraph (C) of section 3680A(d)(2) amended— is amended by striking out ‘‘3689(b)(6) of this reduced before the individual’s discharge or (1) in subsection (a)(4), by inserting ‘‘(in- release from active duty as specified in sub- title’’ and inserting in lieu thereof ‘‘sub- cluding open circuit television)’’ after ‘‘inde- section (g)’’. section (a)(4), the Secretary shall collect pendent study program’’ the second place it from the individual an amount equal to the (b) DISAPPROVAL OF ENROLLMENT IN CER- appears; and TAIN COURSES.—Section 3680A is amended by difference between $1,200 and the total (2) in subsection (c), by striking out adding after subsection (d) the following new amount of reductions under paragraph (1), ‘‘radio’’ and all that follows through the end subsections: which shall be paid into the Treasury of the ‘‘(e) The Secretary may not approve the and inserting in lieu thereof ‘‘radio.’’. United States as miscellaneous receipts. enrollment of an eligible veteran in a course (c) ADMINISTRATION OF EDUCATIONAL BENE- ‘‘(c)(1) Except as provided in paragraph (3), not leading to a standard college degree of- FITS.—Subsection (c) of section 3680A is an individual who is enrolled in the edu- fered by a proprietary profit or proprietary amended by striking out ‘‘radio’’ and all that cational benefits program provided by chap- nonprofit educational institution if— follows through the end and inserting in lieu ter 32 of this title and who makes the elec- ‘‘(1) the educational institution has been thereof ‘‘radio.’’. tion described in subsection (a)(5) shall be operating for less than two years; SEC. 105. COOPERATIVE PROGRAMS. disenrolled from such chapter 32 program as of the date of such election. ‘‘(2) the course is offered at a branch of the (a) CHAPTER 30.—Section 3032 is amended ‘‘(2) For each individual who is disenrolled educational institution and the branch has by striking out subsection (d) and redesig- from such program, the Secretary shall re- been operating for less than two years; or nating subsections (e) and (f) as subsections fund— ‘‘(3) following either a change in ownership (d) and (e), respectively. or a complete move outside its original gen- ‘‘(A) to the individual, as provided in sec- (b) CHAPTER 32.—Section 3231 is amended eral locality, the educational institution tion 3223(b) of this title and subject to sub- by striking out subsection (d) and redesig- does not retain substantially the same fac- section (b)(2) of this section, the unused con- nating subsections (e) and (f) as subsections ulty, student body, and courses as before the tributions made by the individual to the (d) and (e), respectively. change in ownership or the move outside the Post-Vietnam Era Veterans Education Ac- general locality (as determined in accord- (c) CHAPTER 35.—Subsection (b) of section count established pursuant to section 3222(a) ance with regulations the Secretary shall 3532 is amended by striking out ‘‘$327’’ and of this title; and prescribe) unless the educational institution inserting in lieu thereof ‘‘$404’’. ‘‘(B) to the Secretary of Defense the un- following such change or move has been in (d) CHAPTER 1606.—Section 16131 of title 10, used contributions (other than contributions operation for at least two years. United States Code, is amended— made under section 3222(c) of this title) made ‘‘(f) The Secretary may not approve the en- (1) by striking out subsection (e) and redes- by such Secretary to the Account on behalf rollment of an eligible veteran in a course as ignating subsections (f), (g), (h), (i), and (j) as of such individual. a part of a program of education offered by subsections (e), (f), (g), (h), and (i), respec- ‘‘(3) Any contribution made by the Sec- an educational institution if the course is tively; and retary of Defense to the Post-Vietnam Era provided under contract by another edu- (2) in subsection (b)(1), by striking out Veterans Education Account pursuant to cational institution or entity and— ‘‘(g)’’ and inserting in lieu thereof ‘‘(f)’’. subsection (c) of section 3222 of this title on September 28, 1996 CONGRESSIONAL RECORD — SENATE S11747 behalf of any individual referred to in para- TITLE II—HOUSING AND MEMORIAL (1) in paragraph (1), by striking out ‘‘a graph (1) shall remain in such account to AFFAIRS grave liner’’ each place it appears and insert- make payments of benefits to such individ- Subtitle A—Housing ing in lieu thereof ‘‘an outer burial recep- ual under section 3015(f) of this title. SEC. 201. EXTENSION OF ENHANCED LOAN ASSET tacle’’; ‘‘(d) The procedures provided in regula- SALE AUTHORITY. (2) in paragraph (2)— tions referred to in subsection (a) shall pro- Paragraph (2) of section 3720(h) is amended (A) by striking out ‘‘grave liners’’ and in- vide for notice of the requirements of sub- by striking out ‘‘December 31, 1996’’ and in- serting in lieu thereof ‘‘outer burial recep- paragraphs (B), (C), and (D) of section serting in lieu thereof ‘‘December 31, 1997’’. tacles’’; and 3011(a)(3) and of subparagraph (A) of section SEC. 202. DIRECT LOANS TO REFINANCE LOANS (B) by striking out ‘‘specifications and pro- 3012(a)(3) of this title. Receipt of such notice UNDER NATIVE AMERICAN VETERAN cedures’’ and inserting in lieu thereof ‘‘regu- shall be acknowledged in writing.’’. HOUSING LOAN PILOT PROGRAM. lations or procedures’’; and (a) AUTHORITY.—Section 3762 is amended— (3) by adding at the end the following: (b) CONFORMING AMENDMENTS.—(1) The (1) by redesignating subsection (h) as sub- table of sections at the beginning of chapter ‘‘(3) Regulations or procedures under para- section (i); and 30 is amended by inserting after the item re- graph (2) may specify that— (2) by inserting after subsection (g) the fol- lating to section 3018B the following new ‘‘(A) an outer burial receptacle other than lowing new subsection (h): item: a grave liner be provided in lieu of a grave ‘‘(h)(1) The Secretary may make direct liner at the election of the survivors of the ‘‘3018C. Opportunity for certain VEAP par- loans to Native American veterans in order interred veteran; and ticipants to enroll.’’. to enable such veterans to refinance existing ‘‘(B) if an outer burial receptacle other loans made under this section. (2) Subsection (d) of section 3013 is amend- than a grave liner is provided in lieu of a ‘‘(2)(A) The Secretary may not make a loan grave liner upon an election of such survi- ed by striking out ‘‘or 3018B’’ and inserting under this subsection unless the loan meets in lieu thereof ‘‘, 3018B, or 3018C’’. vors, such survivors be required— the requirements set forth in subparagraphs ‘‘(i) to pay the amount by which the cost of (3) Subsection (f) of section 3015 is amended (B), (C), and (E) of paragraph (1) of section the outer burial receptacle exceeds the cost by inserting ‘‘, 3018B, or 3018C’’ after ‘‘sec- 3710(e) of this title. of the grave liner that would otherwise have tion 3018A’’. ‘‘(B) The Secretary may not make a loan been provided in the absence of the election; (c) TRANSFER OF EDUCATIONAL ASSISTANCE under this subsection unless the loan will and FUNDS.—(1) Subparagraph (B) of section bear an interest rate at least one percentage ‘‘(ii) to pay the amount of the administra- 3232(b)(2) is amended— point less than the interest rate borne by the tive costs incurred by the Secretary (or, with (A) by striking out ‘‘, for the purposes of loan being refinanced. respect to Arlington National Cemetery, the ‘‘(C) Paragraphs (2) and (3) of such section section 1322(a) of title 31,’’; and Secretary of the Army) in providing the 3710(e) shall apply to any loan made under (B) by striking out ‘‘as provided in such outer burial receptacle in lieu of such grave this subsection, except that for the purposes section’’ and inserting in lieu thereof ‘‘to the liner. of this subsection the reference to subsection Secretary for payments for entitlement ‘‘(4) Regulations or procedures under para- (a)(8) of section 3710 of this title in such earned under subchapter II of chapter 30’’. graph (2) may provide for the use of a vouch- paragraphs (2) and (3) shall be deemed to be er system, or other system of reimbursement (2) Paragraph (1) of section 3035(b) is a reference to this subsection.’’. approved by the Secretary (or, with respect amended by inserting before the period at (b) LOAN FEE.—Section 3729(a)(2)(E) is the end the following: ‘‘and from transfers amended by striking out ‘‘or 3712(a)(1)(F)’’ to Arlington National Cemetery, the Sec- from the Post-Vietnam Era Veterans Edu- and inserting in lieu thereof ‘‘3712(a)(1)(F), or retary of the Army), for payment for outer cation Account pursuant to section 3762(h)’’. burial receptacles other than grave liners 3232(b)(2)(B) of this title’’. provided under such regulations or proce- Subtitle B—Memorial Affairs dures.’’. SEC. 107. MONTGOMERY GI BILL ELIGIBILITY SEC. 211. CLARIFICATION OF ELIGIBILITY OF MI- FOR CERTAIN ACTIVE DUTY MEM- (b) CONFORMING AMENDMENTS.—(1) The NORS FOR BURIAL IN NATIONAL heading of such section is amended to read BERS OF ARMY AND AIR NATIONAL CEMETERIES. GUARD. Section 2402(5) is amended by inserting as follows: (a) IN GENERAL.—Paragraph (7) of section after ‘‘minor child’’ the following: ‘‘(which ‘‘§ 2306. Headstones, markers, and burial re- 3002 is amended by striking out ‘‘November for purposes of this chapter includes a child ceptacles’’. 29, 1989’’ and inserting in lieu thereof ‘‘June under 21 years of age, or under 23 years of (2) The table of sections at the beginning of 30, 1985’’. age if pursuing a course of instruction at an chapter 23 is amended by striking out the (b) APPLICATION.—(1) An individual may approved educational institution)’’. item relating to section 2306 and inserting in only become eligible for benefits under chap- SEC. 212. BURIAL BENEFITS FOR CERTAIN VET- lieu thereof the following new item: ter 30 of title 38, United States Code, as a re- ERANS WHO DIE IN STATE NURSING HOMES. ‘‘2306. Headstones, markers, and burial recep- sult of the amendment made by subsection tacles.’’. (a) by making an election to become entitled Subsection (a) of section 2303 is amended to to basic educational assistance under such read as follows: TITLE III—EMPLOYMENT AND TRAINING ‘‘(a)(1) When a veteran dies in a facility de- chapter. The election may only be made dur- Subtitle A—Veterans’ Employment and scribed in paragraph (2), the Secretary ing the nine-month period beginning on the Training shall— date of the enactment of this Act and in the ‘‘(A) pay the actual cost (not to exceed SEC. 301. REGIONAL ADMINISTRATOR. manner required by the Secretary of De- $300) of the burial and funeral or, within such Paragraph (1) of section 4102A(e) is amend- fense. limits, may make contracts for such services ed by adding at the end the following: ‘‘Each (2) In the case of any individual making an without regard to the laws requiring adver- Regional Administrator appointed after the election under paragraph (1)— tisement for proposals for supplies and serv- date of the enactment of the Veterans’ Bene- (A) the basic pay of an individual who, ices for the Department; and fits Improvements Act of 1996 shall be a vet- while a member of the Armed Forces, makes ‘‘(B) when such a death occurs in a State, eran.’’. an election under paragraph (1) shall be re- transport the body to the place of burial in SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS duced (in a manner determined by the Sec- the same or any other State. OF VETERANS’ EMPLOYMENT AND retary of Defense) until the total amount by ‘‘(2) A facility described in this paragraph TRAINING. which such basic pay is reduced is $1,200; or is— Subsection (a) of section 4103 is amended— (B) to the extent that basic pay is not so ‘‘(A) a Department facility (as defined in (1) in the first sentence, by striking out reduced before the individual’s discharge or section 1701(4) of this title) to which the de- ‘‘full-time Federal clerical support’’ and in- release from active duty, the Secretary of ceased was properly admitted for hospital, serting in lieu thereof ‘‘full-time Federal Veterans Affairs shall collect from an indi- nursing home, or domiciliary care under sec- clerical or other support personnel’’; and vidual who makes such an election an tion 1710 or 1711(a) of this title; or (2) in the third sentence, by striking out amount equal to the difference between ‘‘(B) an institution at which the deceased ‘‘Full-time Federal clerical support person- $1,200 and the total amount of reductions veteran was, at the time of death, receiv- nel’’ and inserting in lieu thereof ‘‘Full-time under subparagraph (A), which amount shall ing— Federal clerical or other support personnel’’. be paid into the Treasury as miscellaneous ‘‘(i) hospital care in accordance with sec- SEC. 303. PILOT PROGRAM TO INTEGRATE AND receipts. tion 1703 of this title; STREAMLINE FUNCTIONS OF LOCAL (3) In the case of any individual making an ‘‘(ii) nursing home care under section 1720 VETERANS’ EMPLOYMENT REP- election under paragraph (1), the 10-year pe- of this title; or RESENTATIVES. riod referred to in section 3031 of such title ‘‘(iii) nursing home care for which pay- (a) AUTHORITY TO CONDUCT PILOT PRO- shall begin on the later of— ments are made under section 1741 of this GRAM.—In order to assess the effects on the (A) the date determined under such section title.’’. timeliness and quality of services to veter- 3031; or SEC. 213. OUTER BURIAL RECEPTACLES. ans resulting from re-focusing the staff re- (B) the date on which the election under (a) IN GENERAL.—Subsection (d) of section sources of local veterans’ employment rep- paragraph (1) becomes effective. 2306 is amended— resentatives, the Secretary of Labor may S11748 CONGRESSIONAL RECORD — SENATE September 28, 1996 conduct a pilot program under which the pri- Subtitle B—Technical Amendments Relating (C) in subsection (d)(2)(C), by striking out mary responsibilities of local veterans’ em- to the Uniformed Services Employment and ‘‘is brief or for a nonrecurrent period and ployment representatives will be case man- Reemployment Rights Act of 1994 without a reasonable expectation’’ and in- agement and the provision and facilitation of SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE serting in lieu thereof ‘‘is for a brief, non- direct employment and training services to 38, UNITED STATES CODE. recurrent period and there is no reasonable veterans. Chapter 43 is amended as follows: expectation’’. (b) AUTHORITIES UNDER CHAPTER 41.—To (1) Section 4301(a)(2) is amended by strik- (5) Section 4313(a)(4) is amended— implement the pilot program, the Secretary ing out ‘‘under honorable conditions’’. (A) by striking out ‘‘uniform services’’ in of Labor may suspend or limit application of (2) Section 4303(16) is amended by inserting subparagraph (A)(ii) and inserting in lieu those provisions of chapter 41 of title 38, ‘‘national’’ before ‘‘emergency’’. thereof ‘‘uniformed services’’; and United States Code (other than sections (3) Section 4311 is amended by striking out (B) by striking out ‘‘of lesser status and 4104(b)(1) and (c)) that pertain to the Local subsections (b) and (c) and inserting in lieu pay which’’ and inserting in lieu thereof Veterans’ Employment Representative Pro- thereof the following: ‘‘which is the nearest approximation to a po- gram in States designated by the Secretary ‘‘(b) An employer may not discriminate in sition referred to first in clause (A)(i) and under subsection (d), except that the Sec- employment against or take any adverse em- then in clause (A)(ii) which’’. retary may use the authority of such chap- ployment action against any person because (6) Section 4316(d) is amended by adding at the end the following new sentence: ‘‘No em- ter, as the Secretary may determine, in con- such person (1) has taken an action to en- ployer may require any such person to use junction with the authority of this section, force a protection afforded any person under vacation, annual, or similar leave during to carry out the pilot program. The Sec- this chapter, (2) has testified or otherwise such period of service.’’. retary may collect such data as the Sec- made a statement in or in connection with (7) Section 4317(a) is amended— retary considers necessary for assessment of any proceeding under this chapter, (3) has as- (A) by striking out ‘‘(a)(1)(A) Subject to the pilot program. The Secretary shall meas- sisted or otherwise participated in an inves- paragraphs (2) and (3), in’’ and inserting in ure and evaluate on a continuing basis the tigation under this chapter, or (4) has exer- lieu thereof ‘‘(a)(1) In’’; effectiveness of the pilot program in achiev- cised a right provided for in this chapter. (B) by redesignating clauses (i) and (ii) of ing its stated goals in general, and in achiev- The prohibition in this subsection shall paragraph (1) (as amended by subparagraph ing such goals in relation to their cost, their apply with respect to a person regardless of effect on related programs, and their struc- (A) of this paragraph) as subparagraphs (A) whether that person has performed service in and (B), respectively; ture and mechanisms for delivery of services. the uniformed services. (c) TARGETED VETERANS.—Within the pilot (C) by redesignating subparagraph (B) as ‘‘(c) An employer shall be considered to program, eligible veterans who are among paragraph (2); and have engaged in actions prohibited— groups most in need of intensive services, in- (D) by redesignating subparagraph (C) as ‘‘(1) under subsection (a), if the person’s cluding disabled veterans, economically dis- paragraph (3), and in that paragraph by re- membership, application for membership, advantaged veterans, and veterans separated designating clauses (i) and (ii) as subpara- service, application for service, or obligation within the previous four years from active graphs (A) and (B), respectively, and by re- for service in the uniformed services is a mo- military, naval, or air service shall be given designating subclauses (I) and (II) as clauses tivating factor in the employer’s action, un- priority for service by local veterans’ em- (i) and (ii), respectively. less the employer can prove that the action ployment representatives. Priority for the (8) The last sentence of section 4318(b)(2) is would have been taken in the absence of such provision of service shall be given first to amended by striking out ‘‘services,’’ and in- membership, application for membership, disabled veterans and then to the other cat- serting in lieu thereof ‘‘services, such pay- service, application for service, or obligation egories of veterans most in need of intensive ment period’’. for service; or services in accordance with priorities deter- (9) Section 4322 is amended— ‘‘(2) under subsection (b), if the person’s mined by the Secretary of Labor in consulta- (A) in the second sentence of subsection (d) (A) action to enforce a protection afforded tion with appropriate State labor authori- by inserting ‘‘attempt to’’ before ‘‘resolve’’; any person under this chapter, (B) testimony ties. and or making of a statement in or in connection (d) STATES DESIGNATED.—The pilot pro- (B) in subsection (e)— with any proceeding under this chapter, (C) gram shall be limited to not more than five (i) in the matter preceding paragraph (1), assistance or other participation in an inves- States to be designated by the Secretary of by striking out ‘‘with respect to a complaint tigation under this chapter, or (D) exercise Labor. under subsection (d) are unsuccessful,’’ and (e) REPORTS TO CONGRESS.—(1) Not later of a right provided for in this chapter, is a inserting in lieu thereof ‘‘with respect to any than one year after the date of the enact- motivating factor in the employer’s action, complaint filed under subsection (a) do not ment of this Act, the Secretary of Labor unless the employer can prove that the ac- resolve the complaint,’’; and shall submit to the Committees on Veterans’ tion would have been taken in the absence of (ii) in paragraph (2), by inserting ‘‘or the Affairs of the Senate and the House of Rep- such person’s enforcement action, testi- Office of Personnel Management’’ after resentatives an interim report describing in mony, statement, assistance, participation, ‘‘Federal executive agency’’. detail the development and implementation or exercise of a right. (10) Section 4323(a) is amended— of the pilot program on a State by State ‘‘(d) The prohibitions in subsections (a) and (A) in paragraph (1), by striking out ‘‘of an basis. (b) shall apply to any position of employ- unsuccessful effort to resolve a complaint’’; (2) Not later than 120 days after the expira- ment, including a position that is described and tion of this section under subsection (h), the in section 4312(d)(1)(C) of this title.’’. (B) in paragraph (2)(A), by striking out Secretary of Labor shall submit to the Com- (4) Section 4312 is amended— ‘‘regarding the complaint under section mittees on Veterans’ Affairs of the Senate (A) in subsection (a), by striking out ‘‘who 4322(c)’’ and inserting in lieu thereof ‘‘under and the House of Representatives a final re- is absent from a position of employment’’ section 4322(a)’’. port evaluating the results of the pilot pro- and inserting in lieu thereof ‘‘whose absence (11) Section 4324 is amended— gram and make recommendations based on from a position of employment is neces- (A) in subsection (a)(1), by striking out ‘‘of the evaluation, which may include legisla- sitated’’; an unsuccessful effort to resolve a complaint tive recommendations. (B) in subsection (c)— relating to a Federal executive agency’’; (f) DEFINITIONS.—For the purposes of this (i) by striking out ‘‘section 270’’ in para- (B) in subsection (b)— section: graph (3) and inserting in lieu thereof ‘‘sec- (i) in the matter preceding paragraph (1), (1) The term ‘‘veteran’’ has the meaning tion 10147’’; and by inserting ‘‘or the Office of Personnel Man- given such term by section 101(2) of title 38, (ii) in paragraph (4)— agement’’ after ‘‘Federal executive agency’’; United States Code. (I) by striking out ‘‘section 672(a), 672(g), and (2) The term ‘‘disabled veteran’’ has the 673, 673b, 673c, or 688’’ in subparagraph (A) (ii) in paragraph (1), by striking out ‘‘re- meaning given such term by section 4211(3) and inserting in lieu thereof ‘‘section 688, garding a complaint under section 4322(c)’’ of such title. 12301(a), 12301(g), 12302, 12304, or 12305’’; and inserting in lieu thereof ‘‘under section (3) The term ‘‘active military, naval, or air (II) by amending subparagraph (B) to read 4322(a)’’; and service’’ has the meaning given such term by as follows: (C) in subsection (c)(2)— section 101(24) of such title. ‘‘(B) ordered to or retained on active duty (i) by inserting ‘‘or the Office of Personnel (g) ALLOCATION OF FUNDS.—Any amount (other than for training) under any provision Management’’ after ‘‘Federal executive agen- otherwise available for fiscal year 1997, 1998, of law because of a war or national emer- cy’’; and or 1999 to carry out section 4102A(b)(5) of gency declared by the President or the Con- (ii) by striking out ‘‘employee’’ and insert- title 38, United States Code, with respect to gress, as determined by the Secretary con- ing in lieu thereof ‘‘Office’’. a State designated by the Secretary of Labor cerned;’’; (12) Section 4325(d)(1) is amended— pursuant to subsection (d) shall be available (III) by striking out ‘‘section 673b’’ in sub- (A) by striking out ‘‘, alternative employ- to carry out the pilot program during that paragraph (C) and inserting in lieu thereof ment in the Federal Government under this fiscal year with respect to that State. ‘‘section 12304’’; and chapter,’’; and (h) EXPIRATION DATE.—The authority to (IV) by striking out ‘‘section 3500 or 8500’’ (B) by striking out ‘‘employee’’ the last carry out the pilot program under this sec- in subparagraph (E) and inserting in lieu place it appears and inserting in lieu thereof tion shall expire on October 1, 1999. thereof ‘‘section 12406’’; and ‘‘employees’’. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11749 (13) Section 4326(a) is amended by inserting (B) by striking out the period at the end of Servicemembers’ Group Life Insurance pay- ‘‘have reasonable access to and the right to paragraphs (1) and (2) and inserting in lieu able, does not exceed $200,000.’’; and interview persons with information relevant thereof a semicolon; (2) in subsection (e)— to the investigation and shall’’ after ‘‘at all (C) by striking out the period at the end of (A) in the first sentence, by inserting ‘‘at reasonable times,’’. paragraph (3) and inserting in lieu thereof ‘‘; any time’’ after ‘‘shall have the right’’; and SEC. 312. AMENDMENTS TO TRANSITION RULES and’’; (B) by striking out the third sentence and AND EFFECTIVE DATES. (D) in paragraph (4)— inserting in lieu thereof the following: ‘‘The (a) REEMPLOYMENT.—Section 8(a) of the (i) by striking out ‘‘one hundred and twen- Veterans’ Group Life Insurance policy con- Uniformed Services Employment and Reem- ty days after’’ in the matter preceding sub- verted to an individual policy under this sub- ployment Rights Act of 1994 (Public Law 103– paragraph (A) and all that follows through section shall terminate on the day before the 353; 108 Stat. 3175; 38 U.S.C. 4301 note) is ‘‘(A) unless on’’ and inserting in lieu thereof date on which the individual policy becomes amended— ‘‘120 days after separation or release from effective.’’. (1) in paragraph (3), by adding at the end such assignment, unless on’’; SEC. 404. INFORMATION TO BE PROVIDED MEM- thereof the following: ‘‘Any service begun up (ii) by striking out ‘‘prior to the expiration BERS CONCERNING AUTOMATIC to 60 days after the date of the enactment of of one hundred and twenty days’’ and insert- MAXIMUM COVERAGE OF $200,000 this Act, which is served up to 60 days after UNDER SERVICEMEN’S GROUP LIFE ing in lieu thereof ‘‘before the end of 120 INSURANCE. the date of the enactment of this Act pursu- days’’; Section 1967, as amended by section 402(b), ant to orders issued under section 502(f) of (iii) by striking out the semicolon after is further amended by inserting after sub- title 32, United States Code, shall be consid- ‘‘such assignment’’ and inserting in lieu section (c) the following new subsection (d): ered under chapter 43 of title 38, United thereof a period; and ‘‘(d) Whenever a member has the oppor- States Code, as in effect on the day before (iv) by striking out subparagraphs (B) and tunity to make an election under subsection such date of enactment. Any service pursu- (C); and (a) not to be insured under this subchapter, ant to orders issued under such section 502(f) (E) by striking out paragraphs (5) and (6); or to be insured under this subchapter in an served after 60 days after the date of the en- and amount less than the maximum amount of actment of this Act, regardless of when (2) in subsection (b), by striking out the $200,000, and at such other times periodically begun, shall be considered under the amend- last two sentences. thereafter as the Secretary concerned con- ments made by this Act.’’; and (d) DEDUCTIONS.—Section 1969 is amended— siders appropriate, the Secretary concerned (2) in paragraph (4), by striking out ‘‘such (1) in subsection (a)(2), by striking out ‘‘is shall furnish to the member general informa- period’’ and inserting in lieu thereof ‘‘such assigned to the Reserve (other than the Re- tion concerning life insurance. Such infor- 60-day period’’. tired Reserve)’’ and all that follows through mation shall include— (b) INSURANCE.—Section 8(c)(2) of such Act ‘‘section 1965(5)(D) of this title,’’; ‘‘(1) the purpose and role of life insurance is amended by striking out ‘‘person on active (2) by striking out subsection (e); and in financial planning; duty’’ and inserting in lieu thereof ‘‘person (3) by redesignating subsections (f) and (g) ‘‘(2) the difference between term life insur- serving a period of service in the uniformed as subsections (e) and (f), respectively. ance and whole life insurance; services’’. (e) CONVERSION OF SGLI TO VGLI.—The ‘‘(3) the availability of commercial life in- SEC. 313. EFFECTIVE DATES. Servicemembers’ Group Life Insurance of surance; and (a) IN GENERAL.—Except as provided in any member of the Retired Reserve of a uni- ‘‘(4) the relationship between subsection (b), the amendments made by this formed service shall be converted to Veter- Servicemembers’ Group Life Insurance and subtitle shall take effect as of October 13, ans’ Group Life Insurance effective 90 days Veterans’ Group Life Insurance.’’. 1994. after the date of the enactment of this Act. SEC. 405. RENAMING OF SERVICEMEN’S GROUP (b) REORGANIZED TITLE 10 REFERENCES.— SEC. 403. CONVERSION OF SGLI AND VGLI TO LIFE INSURANCE PROGRAM. The amendments made by clause (i), and sub- COMMERCIAL LIFE INSURANCE POL- (a) IN GENERAL.—The program of insurance clauses (I), (III), and (IV) of clause (ii), of ICY. operated by the Secretary of Veterans Af- section 311(4)(B) shall take effect as of De- (a) OPTION TO CONVERT SGLI.—Subsection fairs under subchapter III of chapter 19 of cember 1, 1994. (b) of section 1968, as amended by section title 38, United States Code, is hereby redes- 402(c)(2), is amended— TITLE IV—VETERANS LIFE INSURANCE ignated as the Servicemembers’ Group Life (1) by inserting ‘‘(1)’’ after ‘‘(b)’’ at the be- PROGRAMS Insurance program. ginning of the subsection; (b) AMENDMENTS TO CHAPTER 19.— Chapter SEC. 401. SHORT TITLE. (2) by striking out ‘‘would cease,’’ in the 19 is amended as follows: This title may be cited as the ‘‘Veterans’ first sentence and all that follows through (1) The following provisions are amended Insurance Reform Act of 1996’’. the period at the end of the sentence and in- by striking out ‘‘Servicemen’s Group Life In- SEC. 402. MERGER OF RETIRED RESERVE serting in lieu thereof ‘‘would cease— surance’’ each place it appears and inserting SERVICEMEMBERS’ GROUP LIFE IN- ‘‘(A) shall be automatically converted to in lieu thereof ‘‘Servicemembers’ Group Life SURANCE AND VETERANS’ GROUP LIFE INSURANCE AND EXTENSION Veterans’ Group Life Insurance, subject to Insurance’’: OF VETERANS’ GROUP LIFE INSUR- (i) the timely payment of the initial pre- (A) Subsections (a), (c), and (e) of section ANCE TO MEMBERS OF THE READY mium under terms prescribed by the Sec- 1967. RESERVE. retary, and (ii) the terms and conditions set (B) Section 1968(b). (a) DEFINITIONS.—Section 1965(5) is amend- forth in section 1977 of this title; or (C) Subsections (a) through (d) of section ed— ‘‘(B) at the election of the member, shall 1969. (1) by adding ‘‘and’’ at the end of subpara- be converted to an individual policy of insur- (D) Subsections (a), (f), and (g) of section graph (B); ance as described in section 1977(e) of this 1970. (2) by striking out subparagraphs (C) and title upon written application for conversion (E) Section 1971(b). (D); and made to the participating company selected (F) Section 1973. (3) by redesignating subparagraph (E) as by the member and payment of the required (G) The first sentence of section 1974(a). subparagraph (C). premiums.’’; and (H) Subsections (a), (d), and (g) of section (b) PERSONS INSURED.—Section 1967 is (3) by designating the second sentence as 1977. amended— paragraph (2) and in that sentence striking (2)(A) The heading of subchapter III is (1) in subsection (a)— out ‘‘Such automatic conversion’’ and insert- amended to read as follows: (A) by inserting ‘‘and’’ at the end of para- ing in lieu thereof ‘‘Automatic conversion to ‘‘SUBCHAPTER III—SERVICEMEMBERS’ graph (1); Veterans’ Group Life Insurance under para- GROUP LIFE INSURANCE’’. (B) by striking out paragraphs (3) and (4); graph (1)’’. (B) The heading of section 1974 is amended and (b) VGLI CONVERSION.—Section 1977 is to read as follows: (C) in the matter following paragraph (2), amended— ‘‘§ 1974. Advisory Council on Servicemembers’ by striking out ‘‘or the first day a member of (1) in subsection (a)— Group Life Insurance’’. the Reserves, whether or not assigned to the (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; Retired Reserve of a uniformed service, (B) by striking out the last two sentences; (3) The table of sections at the beginning of meets the qualifications of section 1965(5)(C) and the chapter is amended— of this title, or the first day a member of the (C) by adding at the end the following: (A) by striking out the item relating to Reserves meets the qualifications of section ‘‘(2) If any person insured under Veterans’ subchapter III and inserting in lieu thereof 1965(5)(D) of this title,’’; and Group Life Insurance again becomes insured the following: (2) by striking out subsection (d). under Servicemembers’ Group Life Insurance ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP (c) DURATION AND TERMINATION OF COV- but dies before terminating or converting LIFE INSURANCE’’; ERAGE.—Section 1968 is amended— such person’s Veterans’ Group Insurance, and (1) in subsection (a)— Veterans’ Group Life Insurance shall be pay- (B) by striking out the item relating to (A) by striking out ‘‘subparagraph (B), (C), able only if such person is insured for less section 1974 and inserting in lieu thereof the or (D) of section 1965(5)’’ in the matter pre- than $200,000 under Servicemembers’ Group following: ceding paragraph (1) and inserting in lieu Life Insurance, and then only in an amount ‘‘1974. Advisory Council on Servicemembers’ thereof ‘‘section 1965(5)(B)’’; which, when added to the amount of Group Life Insurance.’’. S11750 CONGRESSIONAL RECORD — SENATE September 28, 1996

(c) OTHER CONFORMING AMENDMENTS.—(1) SEC. 502. LIMITATION ON CLOTHING ALLOWANCE ‘‘(A) The period beginning on February 28, Section 1315(f)(1)(F) is amended by striking FOR INCARCERATED VETERANS. 1961, and ending on May 7, 1975, in the case of out ‘‘servicemen’s’’ the first place it appears (a) PRO RATA REDUCTION.—Chapter 53 is a veteran who served in the Republic of Viet- and inserting in lieu thereof amended by inserting after section 5313 the nam during that period. ‘‘servicemembers’ ’’. following new section: ‘‘(B) The period beginning on August 5, (2) Sections 3017(a)(2)(A)(i) and 3224(1) are ‘‘§ 5313A. Limitation on payment of clothing 1964, and ending on May 7, 1975, in all other amended by striking out ‘‘Servicemen’s’’ allowance to incarcerated veterans cases.’’. each place it appears and inserting in lieu ‘‘In the case of a veteran who is incarcer- (b) LIMITED EXPANSION FOR SPECIFIC COM- thereof ‘‘Servicemembers’ ’’. ated in a Federal, State, or local penal insti- PENSATION PURPOSES.—(1) Paragraphs (1)(B) (d) REFERENCES.—Any reference to Service- tution for a period in excess of 60 days and and (3) of section 1116(a) are each amended men’s Group Life Insurance or to the Advi- who is furnished clothing without charge by by striking out ‘‘during the Vietnam era’’ sory Council on Servicemen’s Group Life In- the institution, the amount of any annual and inserting in lieu thereof ‘‘during the pe- surance in any Federal law, Executive order, clothing allowance payable to the veteran riod beginning on January 9, 1962, and ending regulation, delegation of authority, or other under section 1162 of this title shall be re- on May 7, 1975,’’. document of the Federal Government shall duced by an amount equal to 1⁄365 of the (2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), be deemed to refer to Servicemembers’ amount of the allowance otherwise payable and (4) of such section are amended by strik- Group Life Insurance or the Advisory Coun- under that section for each day on which the ing out ‘‘during the Vietnam era’’ and insert- cil on Servicemembers’ Group Life Insur- veteran was so incarcerated during the 12- ing in lieu thereof ‘‘during the period begin- ance, respectively. month period preceding the date on which ning on January 9, 1962, and ending on May SEC. 406. TECHNICAL AMENDMENT. payment of the allowance would be due. This 7, 1975’’. section shall be carried out under regula- Section 1977(a) is amended by striking out (c) LIMITED EXPANSION FOR SPECIFIC tions prescribed by the Secretary.’’. ‘‘and (e)’’ in the first and second sentences. HEALTH CARE PURPOSES.—(1) The provision (b) CLERICAL AMENDMENT.—The table of stipulated in paragraph (2) is amended— TITLE V—DEPARTMENT OF VETERANS sections at the beginning of such chapter is (A) in clause (i), by striking out ‘‘during AFFAIRS ADMINISTRATIVE MATTERS amended by inserting after the item relating the Vietnam era,’’ and inserting in lieu SEC. 501. REVISION OF AUTHORITY RELATING TO to section 5313 the following new item: thereof ‘‘during the period beginning on Jan- CENTERS FOR MINORITY VETERANS ‘‘5313A. Limitation on payment of clothing uary 9, 1962, and ending on May 7, 1975,’’; and AND WOMEN VETERANS. allowance to incarcerated vet- (B) in clause (ii), by striking out ‘‘such (a) SES STATUS OF DIRECTORS.—Sections erans.’’. era’’ and inserting in lieu thereof ‘‘such pe- 317(b) and 318(b) are each amended by insert- SEC. 503. EXTENSION OF VETERANS’ CLAIMS AD- riod’’. ing ‘‘career or’’ before ‘‘noncareer’’. JUDICATION COMMISSION. (2) The provision referred to in paragraph (b) ADDITIONAL FUNCTIONS OF CENTER FOR (a) EXTENSION OF TIME FOR SUBMISSION OF (1)— MINORITY VETERANS.—Section 317(d) is FINAL REPORT.—Section 402(e)(2) of the Vet- (A) if the Veterans’ Health Care Eligibility amended— erans’ Benefits Improvements Act of 1994 Reform Act of 1996 is enacted as a measure of (1) by redesignating paragraph (10) as para- (Public Law 103–446; 108 Stat. 4661) is amend- the One Hundred Fourth Congress, is para- graph (12); and ed by striking out ‘‘Not later than 18 months graph (4)(A) of section 1710(e) of title 38, (2) by inserting after paragraph (9) the fol- after such date’’ and inserting in lieu thereof United States Code, as added by section 102 lowing new paragraphs (10) and (11): ‘‘Not later than December 31, 1996’’. of such Act; and ‘‘(10) Advise the Secretary and other appro- (b) FUNDING.—From amounts appropriated (B) if such Act is not enacted as a measure priate officials on the effectiveness of the to the Department of Veterans Affairs for of the One Hundred Fourth Congress, is para- Department’s efforts to accomplish the goals each of fiscal years 1996 and 1997 for the pay- graph (1)(A) of section 1710(e) of such title. of section 492B of the Public Health Service ment of compensation and pension, the (d) EFFECTIVE DATE.—The amendments Act (42 U.S.C. 289a–2) with respect to the in- amount of $75,000 is hereby made available made by this section shall take effect on clusion of minorities in clinical research and for the activities of the Veterans’ Claims Ad- January 1, 1997. No benefit may be paid or on particular health conditions affecting the judication Commission under title IV of the provided by reason of such amendments for health of members of minority groups which Veterans’ Benefits Improvements Act of 1994 any period before such date. should be studied as part of the Depart- (Public Law 103–446; 108 Stat. 4659; 38 U.S.C. SEC. 506. PAYMENT OF BENEFIT TO SURVIVING ment’s medical research program and pro- 5101 note). SPOUSE FOR MONTH IN WHICH VET- mote cooperation between the Department SEC. 504. PILOT PROGRAM FOR USE OF CON- ERAN DIES. TRACT PHYSICIANS FOR DISABILITY and other sponsors of medical research of po- (a) BENEFIT FOR MONTH OF DEATH.—Section EXAMINATIONS. tential benefit to veterans who are minori- 5310 is amended— (a) AUTHORITY.—The Secretary of Veterans ties. (1) by inserting ‘‘(a)’’ before ‘‘If, in accord- Affairs, acting through the Under Secretary ‘‘(11) Provide support and administrative ance with’’; and for Benefits, may conduct a pilot program services to the Advisory Committee on Mi- (2) by adding at the end the following: under this section under which examinations nority Veterans provided for under section ‘‘(b)(1) If the surviving spouse of a veteran 544 of this title.’’. with respect to medical disability of appli- cants for benefits under laws administered who was in receipt of compensation or pen- (c) DEFINITION OF MINORITY VETERANS.— sion at the time of death is not entitled to Section 317 is amended by adding at the end by the Secretary that are carried out through the Under Secretary for Benefits death benefits under chapter 11, 13, or 15 of the following: this title for the month in which the veter- ‘‘(g) In this section— may be made by persons other than employ- ees of the Department of Veterans Affairs. an’s death occurs, that surviving spouse ‘‘(1) The term ‘veterans who are minori- shall be entitled to a benefit for that month ties’ means veterans who are minority group Any such examination shall be performed pursuant to contracts entered into by the in the amount of benefits the veteran would members. have received under chapter 11 or 15 of this ‘‘(2) The term ‘minority group member’ has Under Secretary for Benefits with those per- sons. title for that month but for the death of the the meaning given such term in section veteran. 544(d) of this title.’’. (b) LIMITATION.—The Secretary may carry out the pilot program under this section ‘‘(2) If (notwithstanding section 5112(b)(1) (d) CLARIFICATION OF FUNCTIONS OF CENTER through not more than 10 regional offices of of this title) a check or other payment is is- FOR WOMEN VETERANS.—Section 318(d)(10) is the Department of Veterans Affairs. sued to, and in the name of, the deceased amended by striking out ‘‘(relating to’’ and (c) SOURCE OF FUNDS.—Payments for con- veteran as a benefit payment under chapter all that follows through ‘‘and of’’ and insert- tracts under the pilot program under this 11 or 15 of this title for the month in which ing in lieu thereof ‘‘(42 U.S.C. 289a–2) with re- section shall be made from amounts avail- death occurs, that check or other payment spect to the inclusion of women in clinical able to the Secretary of Veterans Affairs for (A) shall be treated for all purposes as being research and on’’. payment of compensation and pensions. payable to the surviving spouse, and (B) if (e) ADDITIONAL FUNCTIONS OF ADVISORY (d) REPORT TO CONGRESS.—Not later than that check or other payment is negotiated or COMMITTEES.—(1) Section 542(b) is amended three years after the date of the enactment deposited, shall be considered to be the bene- by inserting ‘‘, including the Center for of this Act, the Secretary shall submit to the fit to which the surviving spouse is entitled Women Veterans’’ before the period at the Congress a report on the effect of the use of under this paragraph. However, if such check end. the authority provided by subsection (a) on or other payment is in an amount less than (2) Section 544(b) is amended by inserting the cost, timeliness, and thoroughness of the amount of the benefit under paragraph ‘‘, including the Center for Minority Veter- medical disability examinations. (1), the unpaid amount shall be treated in ans’’ before the period at the end. SEC. 505. EXPANSION OF PERIOD OF VIETNAM the same manner as an accrued benefit under (f) TERMINATION DATE OF ADVISORY COM- ERA FOR CERTAIN VETERANS. section 5121 of this title.’’. MITTEE ON MINORITY VETERANS.—Section (a) IN GENERAL.—Paragraph (29) of section (b) EFFECTIVE DATE.—The amendments 544(e) is amended by striking out ‘‘December 101 is amended to read as follows: made by this section shall apply with respect 31, 1997’’ and inserting in lieu thereof ‘‘De- ‘‘(29) The term ‘Vietnam era’ means the to the death of compensation and pension re- cember 31, 1999’’. following: cipients occurring after December 31, 1996. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11751 SEC. 507. INCREASE IN PERIOD FOR WHICH AC- TITLE VI—OTHER MATTERS ‘‘(1) by March 1 of each year (beginning CRUED BENEFITS PAYABLE. SEC. 601. EXTENSION OF CERTAIN AUTHORITIES with 1998)— Subsection (a) of section 5121 is amended FOR SERVICES FOR HOMELESS VET- ‘‘(A) prepare a financial statement which by striking out ‘‘one year’’ in the matter ERANS. covers all accounts and associated activities preceding paragraph (1) and inserting in lieu (a) AUTHORITY FOR COMMUNITY-BASED RESI- of the Commission for the preceding fiscal thereof ‘‘two years’’. DENTIAL CARE FOR HOMELESS CHRONICALLY year and is consistent with the requirements of section 3515 of title 31, United States Code; SEC. 508. APPOINTMENT OF VETERANS SERVICE MENTALLY ILL VETERANS AND OTHER VETER- ORGANIZATIONS AS CLAIMANTS’ ANS.—Section 115(d) of the Veterans’ Benefits and REPRESENTATIVES. and Services Act of 1988 (38 U.S.C. 1712 note) ‘‘(B) submit the financial statement, to- is amended by striking out ‘‘December 31, gether with a narrative summary, to the (a) POWER OF ATTORNEY NAMING A VETER- 1997’’ and inserting in lieu thereof ‘‘Decem- Committees on Veterans’ Affairs of the Sen- ANS SERVICE ORGANIZATION.—Section 5902 is ate and House of Representatives; and amended— ber 31, 1998’’. ‘‘(2) obtain an audit by the Comptroller (1) by redesignating subsection (c) as sub- (b) AUTHORIZATIONS OF APPROPRIATIONS FOR General of the United States of each finan- section (d); and HOMELESS VETERANS REINTEGRATION cial statement prepared under paragraph (2) by inserting after subsection (b) the fol- PROJECTS.—Section 738(e)(1) of the Stewart (1)(A), which shall be conducted in accord- lowing new subsection (c): B. McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is amended by adding at ance with applicable generally accepted gov- ‘‘(c)(1) Unless a claimant specifically indi- the end the following: ernment auditing standards and shall be in cates in a power of attorney filed with the ‘‘(E) $10,000,000 for fiscal year 1997. lieu of any audit otherwise required by law. Department a desire to appoint only a recog- ‘‘(F) $10,000,000 for fiscal year 1998.’’. ‘‘(c) The Commission may not obligate, nized representative of an organization listed withdraw, or expend funds received as con- in or approved under subsection (a), the Sec- SEC. 602. REPAIR AND LONG-TERM MAINTE- NANCE OF WAR MEMORIALS. tributions before March 1, 1998.’’. retary may, for any purpose, treat the power (a) REPAIR AND LONG-TERM MAINTENANCE TITLE VII—COMMISSION ON of attorney naming such an organization, a OF WAR MEMORIALS.—Section 5(b)(2) of the SERVICEMEMBERS AND VETERANS specific office of such an organization, or a Act entitled ‘‘An Act for the creation of an TRANSITION ASSISTANCE recognized representative of such an organi- American Battle Monuments Commission to SEC. 701. ESTABLISHMENT OF COMMISSION. zation as the claimant’s representative as an erect suitable memorials commemorating (a) ESTABLISHMENT.—There is established a appointment of the entire organization as the services of the American soldier in Eu- commission to be known as the Commission the claimant’s representative. rope, and for other purposes’’, approved on Servicemembers and Veterans Transition ‘‘(2) Whenever the Secretary is required or March 4, 1923 (36 U.S.C. 125(b)(2)), is amend- Assistance (hereafter in this title referred to permitted to notify a claimant’s representa- ed— as the ‘‘Commission’’). tive, and the claimant has named in a power (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and (b) MEMBERSHIP.—(1) The Commission shall of attorney an organization listed in or ap- (2) by adding at the end the following: be composed of 12 members appointed from proved under subsection (a), a specific office ‘‘(B) In assuming responsibility for a war among private United States citizens with of such an organization, or a recognized rep- memorial under paragraph (1), the Commis- appropriate and diverse experiences, exper- resentative of such an organization without sion may enter into arrangements with the tise, and historical perspectives on veterans, specifically indicating a desire to appoint sponsors of the memorial to provide for the military, organizational, and management only a recognized representative of the orga- repair or long-term maintenance of the me- matters. The members shall be appointed as nization, the Secretary shall notify the orga- morial. Any funds transferred to the Com- follows: nization at the address designated by the or- mission for the purpose of this subparagraph (A) Four shall be appointed jointly by the ganization for the purpose of receiving the shall, in lieu of subparagraph (A), be depos- chairman and ranking minority member of notification concerned.’’. ited by the Commission in the fund estab- the Committee on Veterans’ Affairs of the (b) APPLICABILITY.—The amendments made lished by paragraph (3). House of Representatives. by this section apply to any power of attor- ‘‘(3)(A) There is established in the Treas- (B) Four shall be appointed jointly by the ney filed with the Department of Veterans ury a fund which shall be available to the chairman and ranking minority member of Affairs, regardless of the date of its execu- Commission for expenses for the mainte- the Committee on Veterans’ Affairs of the tion. nance and repair of memorials with respect Senate. to which the Commission enters into ar- (C) Two shall be appointed jointly by the SEC. 509. PROVISION OF COPIES OF BOARD OF chairman and ranking minority member of VETERANS’ APPEALS DECISIONS. rangements under paragraph (2)(B). The fund shall consist of (i) amounts deposited, and the Committee on National Security of the Subsection (e) of section 7104 is amended to interest and proceeds credited, under sub- House of Representatives. read as follows: paragraph (B), and (ii) obligations obtained (D) Two shall be appointed jointly by the ‘‘(e)(1) After reaching a decision on a case, under subparagraph (C). chairman and ranking minority member of the Board shall promptly mail a copy of its ‘‘(B) The Commission shall deposit in the the Committee on Armed Services of the written decision to the claimant at the last fund such amounts from private contribu- Senate. known address of the claimant. tions as may be accepted under paragraph (2)(A) One member of the Commission ap- ‘‘(2) If the claimant has an authorized rep- (2)(B). The Secretary of the Treasury shall pointed under each of subparagraphs (A) and resentative, the Board shall— credit to the fund the interest on, and the (B) of paragraph (1) shall be a representative ‘‘(A) mail a copy of its written decision to proceeds from sale or redemption of, obliga- of a veterans service organization. (B) To the maximum extent practicable, the authorized representative at the last tions held in the fund. the individuals appointed under paragraph known address of the authorized representa- ‘‘(C) The Secretary of the Treasury shall (1) as members of the Commission shall be tive; or invest any portion of the fund that, as deter- ‘‘(B) send a copy of its written decision to veterans. mined by the Commission, is not required to (C) Not more than seven of the members of the authorized representative by any means meet current expenses. Each investment the Commission may be members of the reasonably likely to provide the authorized shall be made in an interest bearing obliga- same political party. representative with a copy of the decision tion of the United States or an obligation (3) In addition to the members appointed within the same time a copy would be ex- guaranteed as to principal and interest by under paragraph (1), the following shall be pected to reach the authorized representa- the United States that, as determined by the nonvoting members of the Commission: tive if sent by first-class mail.’’. Commission, has a maturity suitable for the (A) The Under Secretary for Benefits of the SEC. 510. LIMITATION ON RELOCATION OR RE- fund. Department of Veterans Affairs. DUCTION IN STAFFING OF CERTAIN ‘‘(D) The Commission shall separately ac- (B) The Assistant Secretary of Defense for ELEMENTS OF THE EDUCATION count for all moneys deposited in and ex- Force Management and Personnel. SERVICE OF THE VETERANS BENE- pended from the fund with respect to each (C) The Assistant Secretary of Labor for FITS ADMINISTRATION. war memorial for which an arrangement for Veterans’ Employment and Training. No funds available to the Department of the repair or long-term maintenance of the (4) The appointments of members of the Veterans Affairs may be obligated or ex- memorial is entered to under paragraph Commission shall, to the maximum extent pended before January 1, 1998, to relocate (2)(B).’’. practicable, be made after consultation with any function of, or to reduce the number of (b) ACCOUNTING PROCEDURES RELATING TO representatives of veterans service organiza- personnel assigned to, any of the following RECEIPT AND EXPENDITURE OF CONTRIBU- tions. elements of the Veterans Benefits Adminis- TIONS.—Such Act is further amended by add- (5) The appointments of the members of tration of the Department of Veterans Af- ing at the end the following new section: the Commission shall be made not later than fairs: ‘‘SEC. 14. (a) The Commission shall have a 45 days after the date of the enactment of (1) The Office of Education Procedures Sys- system of financial controls to enable the this Act. tems. Commission to comply with the require- (c) PERIOD OF APPOINTMENT; VACANCIES.— (2) The Office of Education Operations. ments of subsection (b) and section Members shall be appointed for the life of (3) The Office of Education Policy and Pro- 5(b)(3)(D). the Commission. Any vacancy in the Com- gram Administration. ‘‘(b) The Commission shall— mission shall not affect its powers, but shall S11752 CONGRESSIONAL RECORD — SENATE September 28, 1996 be filled in the same manner as the original (3) In carrying out the review, the Commis- places, take such testimony, and receive appointment. sion shall make use of previous studies such evidence as the Commission considers (d) INITIAL MEETING.—Not later than 30 which have been made of such programs. advisable to carry out the purposes of this days after the date on which all members of (c) REVIEW OF PROGRAMS TO ASSIST VETER- title. the Commission have been appointed under ANS.—(1) While carrying out the general du- (b) INFORMATION FROM FEDERAL AGEN- subsection (b)(1), the Commission shall hold ties specified in subsection (a), the members CIES.—The Commission may secure directly its first meeting. of the Commission appointed under subpara- from the Department of Defense, the Depart- (e) QUORUM.—A majority of the members of graphs (A) and (B) of section 701(b)(1) and the ment of Veterans Affairs, and any other de- the Commission shall constitute a quorum, members specified in subparagraphs (A) and partment or agency of the Government such but a lesser number may hold hearings. (C) of section 701(b)(3) shall review the fol- information as the Commission considers (f) CHAIRMAN AND VICE CHAIRMAN.—The lowing programs: necessary to carry out its duties under this Commission shall select a chairman and vice (A) Educational assistance programs. title. Upon request of the chairman of the chairman from among its members. (B) Job counseling, job training, and job Commission, the head of such department or (g) MEETINGS.—The Commission shall meet placement services programs. agency shall furnish such information expe- at the call of the chairman of the Commis- (C) Rehabilitation and training programs. ditiously to the Commission. sion. (D) Housing loan programs. (h) PANELS.—The Commission may estab- (E) Small business loan and small business lish panels composed of less than the full SEC. 704. MISCELLANEOUS ADMINISTRATIVE assistance programs. PROVISIONS. membership of the Commission for the pur- (F) Employment and employment training pose of carrying out the Commission’s du- (a) POSTAL SERVICES.—The Commission programs for employment in the public sec- ties. The actions of such panels shall be sub- may use the United States mails in the same tor and the private sector, including em- ject to the review and control of the Com- manner and under the same conditions as ployer training programs and union appren- mission. Any findings and determinations other departments and agencies of the Gov- ticeship programs. made by such a panel shall not be considered ernment. (G) Government personnel policies (includ- the findings and determinations of the Com- ing veterans’ preference policies) and the en- (b) GIFTS.—The Commission may accept, mission unless approved by the Commission. forcement of such policies. use, and dispose of gifts or donations of serv- (i) AUTHORITY OF INDIVIDUALS TO ACT FOR (H) Programs that prepare the families of ices or property. COMMISSION.—Any member or agent of the members of the Armed Forces for their tran- Commission may, if authorized by the Com- (c) MISCELLANEOUS ADMINISTRATIVE SUP- sition from military life to civilian life and mission, take any action which the Commis- PORT.—The Secretary of Defense, the Sec- sion is authorized to take under this title. facilitate that transition. retary of Veterans Affairs, and the Secretary (2) In carrying out the review, such mem- SEC. 702. DUTIES OF COMMISSION. of Labor shall, upon the request of the chair- bers of the Commission shall determine the (a) IN GENERAL.—The Commission shall— man of the Commission, furnish the Commis- following: (1) review the adequacy and effectiveness sion, on a reimbursable basis, any adminis- (A) The adequacy of the programs referred of veterans transition assistance and bene- trative and support services as the Commis- to in paragraph (1) for their purposes. fits programs in providing assistance to sion may require. (B) The adequacy of the support of the De- members of the Armed Forces in making the partment of Veterans Affairs for such pro- SEC. 705. COMMISSION PERSONNEL MATTERS. transition and adjustment to civilian life; grams. (2) review the allocation under law of re- (a) COMPENSATION OF MEMBERS.—Each (C) The adequacy of funding levels for such sponsibility for the administration of veter- member of the Commission may be com- programs. ans transition assistance and benefits pro- pensated at a rate equal to the daily equiva- (D) The extent to which such programs grams among the various departments and lent of the annual rate of basic pay pre- provide veterans with job-search skills. agencies of the Government and determine scribed for level IV of the Executive Sched- (E) The extent to which such programs pre- the feasibility and desirability of consolidat- ule under section 5315 of title 5, United pare veterans for employment in the private ing such administration; sector and in the public sector. States Code, for each day (including travel (3) evaluate proposals for improving such (F) The effectiveness of such programs in time) during which such member is engaged programs, including proposals for alter- assisting veterans in finding employment in in performing the duties of the Commission. native means of providing services delivered the public sector upon their separation from (b) TRAVEL AND TRAVEL EXPENSES.—(1) by such programs; and service. Members and personnel of the Commission (4) make recommendations to Congress re- (G) The ways in which such programs could garding the need for improvements in such may travel on military aircraft, military ve- be improved. programs. hicles, or other military conveyances when (b) REVIEW OF PROGRAMS TO ASSIST MEM- (d) REPORTS.—(1) Not later than 90 days travel is necessary in the performance of a BERS OF THE ARMED FORCES AT SEPARATION.— after the date on which all members of the duty of the Commission except when the cost (1) While carrying out the general duties Commission have been appointed under sec- of commercial transportation is less expen- specified in subsection (a), the members of tion 701(b)(1), the Commission shall submit sive. to the Committees on Veterans’ Affairs and the Commission appointed under subpara- (2) The members of the Commission may Armed Services of the Senate and the Com- graphs (C) and (D) of section 701(b)(1) and the be allowed travel expenses, including per mittees on Veterans’ Affairs and National member specified in subparagraph (B) of sec- diem in lieu of subsistence, at rates author- Security of the House of Representatives a tion 701(b)(3) shall review primarily the pro- ized for employees of agencies under sub- report setting forth a plan for the work of grams intended to assist members of the chapter I of chapter 57 of title 5, United the Commission. The Commission shall de- Armed Forces at the time of their separation States Code, while away from their homes or velop the plan in consultation with the Sec- from service in the Armed Forces, including regular places of business in the performance retary of Defense, the Secretary of Veterans programs designed to assist families of such of services for the Commission. members. Affairs, the Secretary of Labor, and the (2) In carrying out the review, those mem- heads of other appropriate departments and (c) STAFF.—(1) The chairman of the Com- bers of the Commission shall determine the agencies of the Government. mission may, without regard to civil service following: (2)(A) Not later than 18 months after the laws and regulations, appoint and terminate (A) The adequacy of the programs referred date of the first meeting of the Commission, an executive director and up to five addi- to in paragraph (1) for their purposes. the Commission shall submit to the commit- tional staff members as may be necessary to (B) The adequacy of the support of the tees referred to in paragraph (1), and to the enable the Commission to perform its duties. Armed Forces for such programs. Secretary of Defense, the Secretary of Veter- In appointing an individual as executive di- (C) The adequacy of funding levels for such ans Affairs, and the Secretary of Labor, a re- rector, the chairman shall, to the maximum programs. port setting forth the activities, findings, extent practicable, attempt to appoint an in- (D) The effect, if any, of the existence of and recommendations of the Commission, in- dividual who is a veteran. The employment such programs on military readiness. cluding any recommendations for legislative of an executive director shall be subject to (E) The extent to which such programs action and administrative action as the confirmation by the Commission. provide members of the Armed Forces with Commission considers appropriate. (2) The chairman of the Commission may job-search skills. (B) Not later than 90 days after receiving fix the compensation of the executive direc- (F) The extent to which such programs pre- the report referred to in subparagraph (A), tor and other personnel without regard to pare such members for employment in the the Secretary of Defense, the Secretary of the provisions of chapter 51 and subchapter private sector and in the public sector. Veterans Affairs, and the Secretary of Labor III of chapter 53 of title 5, United States (G) The effectiveness of such programs in shall jointly transmit the report to Con- Code, relating to classification of positions assisting such members in finding employ- gress, together with the Secretaries’ com- and General Schedule pay rates, except that ment in the public sector upon their separa- ments on the report. the rate of pay for the executive director and tion from service. SEC. 703. POWERS OF COMMISSION. other staff members may not exceed the rate (H) The ways in which such programs could (a) HEARINGS.—The Commission may hold payable for level V of the Executive Sched- be improved. such hearings, sit and act at such times and ule under section 5316 of such title. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11753 (d) DETAIL OF GOVERNMENT EMPLOYEES.— miscellaneous amendments to trade Sec. 36. Temporary duty suspension on cer- Upon request of the chairman of the Com- laws; as follows: tain chemicals used in the for- mission, the head of any department or agen- mulation of an HIV protease in- On page 48, line 17, strike all through line cy of the Government may detail, on a non- hibitor. 19, and insert the following: reimbursable basis, any personnel of the de- Sec. 37. Treatment of certain entries of buf- partment or agency to the Commission to as- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. falo leather. sist the Commission in carrying out its du- (a) SHORT TITLE.—This Act may be cited as Sec. 38. Fees for certain customs services. the ‘‘Miscellaneous Trade and Technical Cor- ties. Sec. 39. Injury determinations for certain rections Act of 1996’’. (e) PROCUREMENT OF TEMPORARY AND countervailing duty orders. (b) TABLE OF CONTENTS.— INTERMITTENT SERVICES.—The chairman of Sec. 40. Treatment of difference between the Commission may procure temporary and Sec. 1. Short title; table of contents. collections of estimated anti- intermittent services under section 3109(b) of Sec. 2. Payment of duties and fees. dumping duty and final as- title 5, United States Code, at rates for indi- Sec. 3. Other technical and conforming sessed duty under antidumping viduals which do not exceed the daily equiva- amendments. duty order. lent of the annual rate of basic pay pre- Sec. 4. Clarification regarding the applica- Sec. 41. Certain lead fuel test assemblies. scribed for level IV of the Executive Sched- tion of customs user fees. Sec. 42. Suspension of duty on certain injec- ule under section 5316 of such title. Sec. 5. Technical amendment to the Cus- tion molding machines. toms and Trade Act of 1990. SEC. 706. TERMINATION OF COMMISSION. Sec. 43. Reliquidation of certain entries of Sec. 6. Clarification of fees for certain cus- color televisions. The Commission shall terminate 90 days toms services. Sec. 44. Articles used to provide repair and after the date on which it submits its report Sec. 7. Special rule for extending time for maintenance services. under section 702(d)(2). filing drawback claims. SEC. 707. DEFINITIONS. Sec. 8. Treatment of entries of certain tele- Sec. 45. Yttrium oxide and cerium alu- For the purposes of this title: visions. minum terbium used as (1) The term ‘‘veterans transition assist- Sec. 9. Temporary duty suspension for per- luminophores. ance and benefits program’’ means any pro- sonal effects of participants in Sec. 46. Pharmaceutical grade gram of the Government the purpose of certain world athletic events. phospholipids. which is— Sec. 10. Miscellaneous technical correction. Sec. 47. Certain structures, parts and com- (A) to assist, by rehabilitation or other Sec. 11. Uruguay Round Agreements Act. ponents used in the Gemini means, members of the Armed Forces in re- Sec. 12. Imports of civil aircraft. Telescopes Project, Mauna Kea, adjusting or otherwise making the transition Sec. 13. Technical correction to certain Hawaii. to civilian life upon their separation from chemical description. Sec. 48. Articles provided to Steward Ob- service in the Armed Forces; or Sec. 14. Marking of certain imported arti- servatory. (B) to assist veterans in making the transi- cles and containers. Sec. 49. Reliquidation of certain frozen con- tion to civilian life. Sec. 15. Tariff treatment of certain silver, centrated orange juice entries. (2) The term ‘‘Armed Forces’’ has the gold, and platinum bars. Sec. 50. Twine, cordage, ropes, and cables. meaning given such term in section 101(10) of Sec. 16. Suspension of duty on certain Sec. 51. Suspension of duty on certain fatty title 38, United States Code. semimanufactured forms of acid esters. (3) The term ‘‘veteran’’ has the meaning gold. Sec. 52. Duty suspension on a mobile bison given such term in section 101(2) of title 38, Sec. 17. Elimination of East-West Trade Sta- slaughter unit. United States Code. tistics Monitoring System. Sec. 53. Exemption from tariffs and fees for (4) The term ‘‘veterans service organiza- Sec. 18. Retroactive election to reconcile en- certain aircraft parts and tion’’ means any organization covered by tries. equipment. section 5902(a) of title 38, United States Sec. 19. Tariff treatment for certain motor Sec. 54. Reliquidation of certain entries of Code. vehicles. live swine. SEC. 708. FUNDING. Sec. 20. Technical amendments relating to Public Law 103–465. Sec. 55. Reliquidation of certain entries of (a) IN GENERAL.—The Secretary of Defense sewing machines. shall, upon the request of the chairman of Sec. 21. Technical amendments relating to Public Law 103–182. Sec. 56. Temporary duty suspension on cer- the Commission, make available to the Com- Sec. 22. Technical amendment regarding ju- tain textured rolled glass mission such amounts as the Commission dicial review. sheets. may require to carry out its duties under Sec. 23. Reliquidation of entries of warp Sec. 57. Temporary suspension of duty on this title. The Secretary shall make such knitting machines. DEMT. amounts available from amounts appro- Sec. 24. Temporary suspension of duty on Sec. 58. Investigation on cattle and beef priated for the Department of Defense, ex- diclofop-methyl. trade. cept that such amounts may not be from Sec. 25. Elimination of duty on 2-amino-3- Sec. 59. Special rule for Generalized System amounts appropriated for the transition as- chlorobenzoic acid, methyl of Preferences. sistance program (TAP), the Army career ester. On page 88, strike lines 7 and 8, and insert alumni program (ACAP), or any similar pro- Sec. 26. Elimination of duty on 3,3′- the following: gram. diaminobenzidine (tetraamino (b) AVAILABILITY.—Any sums made avail- biphenyl). SEC. 23. RELIQUIDATION OF ENTRIES OF WARP able to the Commission under subsection (a) Sec. 27. Certain unliquidated vessel repair KNITTING MACHINES. shall remain available, without fiscal year entries. On page 89, strike lines 15 through 17, and limitation, until the termination of the Sec. 28. Duty on display fireworks. insert the following: Commission. Sec. 29. Personal allowance duty exemption SEC. 26. ELIMINATION OF DUTY ON for merchandise purchased in a f 3,3′-DIAMINOBENZIDINE duty-free sales enterprise. (TETRAAMINO BIPHENYL). THE MISCELLANEOUS TRADE AND Sec. 30. Temporary duty suspension for cer- tain motorcycles. On page 112, beginning on line 1, strike all TECHNICAL CORRECTIONS ACT Sec. 31. Deferral of duty on certain produc- through the matter following line 6, and in- OF 1996 tion equipment. sert the following: Sec. 32. Temporary suspension of duty on SEC. 45. YTTRIUM OXIDE AND CERIUM ALU- thidiazuron. MINUM TERBIUM USED AS ROTH AMENDMENT NO. 5419 Sec. 33. 2,3,3-trimethyl-indolenine. LUMINOPHORES. Sec. 34. Bis(4-amino-3-methylcyclohexyl)- (a) IN GENERAL.—Subchapter II of chapter Mr. NICKLES (for Mr. ROTH) pro- methane. 99 of the Harmonized Tariff Schedule of the posed an amendment to the bill (H.R. Sec. 35. Limitation on designation as bene- United States is amended by inserting in nu- 3815) to make technical corrections and ficiary developing country. merical sequence the following new heading:

‘‘ 9902.32.06 Yttrium oxide and cerium aluminum terbium of a kind used as luminophores (provided for in subheading 3206.50.00) ...... Free No change No change On or before 12/31/ 2000 ’’. S11754 CONGRESSIONAL RECORD — SENATE September 28, 1996 ADDITIONAL STATEMENTS State underground storage tank pro- our security—a Soviet nuclear missile OBJECTION TO NOMINATIONS TO grams for compliance with and enforce- attack on the United States. We are no VARIOUS AMBASSADORIAL POSTS ment of the national standards; and longer compelled to contain Soviet ag- the establishment of an underground gression on a global scale. That strug- storage tank trust fund to assist the gle absorbed untold national resources; ∑ Mr. GRASSLEY. Mr. President, it is State programs. victory came at no small price in terms my intention to object to the Senate In many ways, the underground tank of blood and treasure. Without ques- proceeding to the consideration of Sen- program provides us a model for coop- tion, freedom is in greater supply ate Executive Calendar Nos. 756 erative federalism in an environmental around the world today thanks to the through 766, Nominations to various cleanup program. There are many les- United States and our allies. The over- Ambassadorial posts. I request that a sons to be learned and applied from all prospect for our security has im- hold be put on these nominations. this cleanup program to other pro- proved. However, while the character A vacancy has existed since March grams like Superfund. Similar to the of the threats to our security have 31, 1995 on the Board of the Farm Cred- Superfund Program, however, the un- been dramatically transformed, war it Administration. For over a year the derground storage tank program is a and interstate conflict are not obso- White House has had the name of Ann discretionary spending program. There- lete. The means of conflict may have Jorgensen to fill that Republican va- fore, in spite of a dedicated trust fund, changed, but the sources of human con- cancy. All background work with re- it has a significant problem. flict and cruelty remain. gard to the nomination has been com- The problem, Mr. President, is that We must, therefore, adapt our secu- 1 pleted. All that needs to be done is for after a decade of collecting ⁄10th of a rity posture to a world in which power, her name to be submitted to the Sen- cent tax on every gallon of gas sold, in all its forms, is far more dispersed ate for confirmation. nearly $1 billion just sits in the trust than it was during the cold war. Tech- I have repeatedly contacted the fund. I believe that this money should nology is also more dispersed, raising White House about this nomination be at work in the States helping to the risk that countries or groups hos- clean up leaking underground storage and, to date, have not had the courtesy tile to our Nation can more easily ac- tanks, and I intend to have my sub- of a reply. The FCA has oversight re- quire the means to harm American in- committee staff look further into this sponsibilities for the farm credit sys- terests. It was with a profound sense of issue when the Senate reconvenes next tem, the backbone of agricultural fi- irony that those who have devoted so year. much of their efforts to defeating com- nance. It is important for the smooth ∑ munism came to the realization that functioning of the FCS that the FCA f the long-awaited collapse of the Soviet have a full complement on its board. SURVEYING THE STRATEGIC empire—and the easing of the nuclear It is my intention to maintain this LANDSCAPE confrontation between Washington and objection until the White House has ∑ Mr. NUNN. Mr. President, the post- Moscow that was then possible—actu- disposed of this nomination.∑ cold war era has been in existence for ally carried with it a new proliferation f nearly 7 years. Like the period that fol- threat. The possible leakage of nuclear LEAKING UNDERGROUND STORAGE lowed the end of the Second World War, weapons and materials from the former TANKS the years since the collapse of the So- Soviet Union compound the already viet Union required our Nation to complex proliferation threat during a Mr. SMITH. Mr. President, earlier ∑ think anew about our security. It has time of rapid change and instability at this week, the House passed H.R. 3391, been a time of reorientation and uncer- cold war’s end. a bill to amend the Leaking Under- tainty as we take stock of our situa- We can not afford to wait until we ground Storage Tank Program. tion and decide on a future course of have a clearer picture of the future be- Given the press of time, the Senate action. We can no longer, however, af- fore taking action. Some of the defin- will not be able to address and resolve ford to continue in a holding pattern ing features of the strategic landscape several potential problems in the legis- that lacks a clear long-term national are already clear enough. lation before the end of this session. I security strategy. We must put forth First and foremost we need to build am sorry this is the case. However, I the contours of a strategic vision that consensus in support of a common un- wanted to call this bill to the attention will guide us through the post-cold war derstanding of America’s national in- of my colleagues and point out that the period and that will define and safe- terests. During the cold war, there issues raised by H.R. 3391 are serious guard our vital interests. were disagreements about tactics, but and deserve the attention of the Senate THE ROAD AHEAD the basic sense of mission was clear. Subcommittee on Superfund, Waste The strategic landscape of the post- This is no longer the case. Liberated Control and Risk Assessment, that I cold war era includes certain familiar from the burden of leading the free chair. features. One such feature is the resur- world against communism, public in- Leaking underground storage tanks gence of deeply rooted national, ethnic, terest in foreign affairs has diminished, have been a major source of ground- and regional rivalries which were and consensus about foreign policy has water contamination over a number of unfrozen by the end of the cold war. evaporated. Nowhere is the lack of con- decades. Frequently, underground Amidst this background are other fa- sensus more apparent than in the Con- tanks that held petroleum products or miliar landmarks. The United States gress. As we approach the millennium, highly toxic chemicals have eroded stands as the world’s lone superpower we must begin to rebuild consensus with time. These tanks have leaked but due to their economic strength or with a focused discussion of our fun- their contents into the soil, which then vast potential, the other great powers, damental interests. washed into aquifers supplying drink- Russia, China, Japan and Europe, also DEFINING OUR NATIONAL INTERESTS AFTER THE ing water. This problem is particularly remain in a class by themselves. Great COLD WAR acute in rural areas where a large pro- power politics did not end with the cold What are America’s vital interests? A portion of the population is dependent war. In fact, the international rela- bipartisan commission, of which I was on groundwater as their drinking water tions of tomorrow may in some ways a member, recently issued a report source. look more like the 19th century bal- brings needed clarity to the discussion To curtail the impact of leaking un- ance of power system than the cold war of our national interests. The report, derground storage tanks on the envi- system that was dominated by two su- America’s National Interests, distin- ronment and the health of those de- perpowers. We can hope but we should guished between vital, extremely im- pendent on groundwater, Congress es- not assume that the semichaotic na- portant, important, and secondary in- tablished the Underground Tank Pro- ture of the post-cold war period we now terests. These distinction are essential gram in 1986. Significant elements of inhabit will soon transition to a more to the task of establishing national pri- this program included the establish- stable world order. In other words, this orities and building public support for ment of national underground storage may be it. foreign and defense policy. And despite tank standards which come into full The end of the cold war brought an the common use of the term ‘‘vital in- force in 1998; the establishment of easing of the most ominous threat to terests,’’ to describe everything from September 28, 1996 CONGRESSIONAL RECORD — SENATE S11755 soup to nuts, the report defines truly efforts, they are important tools which vulnerabilities abroad and at home. vital interests only those conditions can provide a legal and moral frame- Across the world, the Aum Shinrikyo that are strictly necessary to safeguard work for practical mechanisms to deter provided a chilling precedent of a and enhance the well-being of Ameri- and detect violations of international doomsday cult viewing nuclear, chemi- cans in a free and secure nation. treaty commitments. The denuclear- cal and biological weapons as their It should come as no surprise that ization of the former Soviet States ticket to paradise. preventing and deterring the threat of other than Russia, the U.N. program to As a nation we have just begun to nuclear, biological and chemical weap- eliminate Iraq’s weapons of mass de- come to terms with the full scope of ons attacks on the United States is at struction, and efforts to freeze and dis- the terrorism threat. For many years, the top of the list of vital interests. Ac- mantle North Korea’s nuclear weapons terrorists were mainly interested in cording to the report, other vital inter- program would have been vastly more making a political statement or draw- ests are to prevent the emergence of a difficult without the international con- ing attention to a cause through dis- hostile hegemon in Europe or Asia; to sensus codified in the Non-Prolifera- creet acts of violence such as an assas- prevent the emergence of a hostile tion Treaty [NPT]. The Chemical sination, a taking of a hostage or some major power on U.S. borders or in con- Weapons Convention, while no panacea, violent event of limited impact. These trol of the seas; to prevent the cata- can add a valuable barrier against the criminals were conscious of public rela- strophic collapse of major global sys- diversion of commercial chemicals to tions and even viewed certain acts— tems (trade, financial markets, energy make weapons. Our security directly such as use of chemical and biological supplies, environment; and to ensure benefits from stronger safeguards on weapons—as taboo. The 1990’s, however, the survival of U.S. allies. nuclear and chemical materials and have seen terrorists acts that appear Other objectives, such as preventing from robust enforcement of those trea- intended to create casualties of the the use of nuclear, chemical, or bio- ties. highest order. These enemies are too logical weapons outside our borders or In addition to the direct threat that often zealots filled with hate for civil countering proliferation are extremely these weapons pose to our homeland, society, and who believe their conduct important, but not vital interests. our abilities to project military force is justified or divinely inspired. Despite Similarly, combating terrorism and and to forge coalitions as was assem- the vivid memories of Oklahoma City avoiding major conflicts in important bled in the gulf war could be seriously and the World Trade Center, I am not geographic regions are extremely im- harmed by the possession of nuclear, sure Americans truly comprehend the portant, but do not directly threaten chemical, or biological weapons by re- devastating effect the use a weapon of the American way of life. This hier- gional adversaries. Thus, our counter mass destruction would have on a civil- archy of interests does not diminish proliferation efforts are another impor- ian population at home. The possibility of terrorist groups the desirability of other objectives, tant aspect of our overall nonprolifera- gaining access to former Soviet nu- such as promoting democracy, human tion policy. clear materials or know-how, and using rights and open markets. It is in no Much of our previous efforts to con- them to attack the United States is way a betrayal of our values to ac- trol the spread of these weapons also benefitted from the ability to deny ac- not merely the stuff of paperback knowledge that our survival takes thrillers. A report released last sum- precedence over our hopes for a better cess to the technology and materials required to make them. The effective- mer by a Center for Strategic and world to come. But we shall have no International Studies [CSIS] study ness of those controls has eroded due to peace, no prosperity, nor the ability to group on nuclear smuggling concluded expanding commerce in technologies help others if our own security is that the risk is no hoax. The Director that can contribute to strategic weap- threatened by successful attacks on of Central Intelligence at a 1996 hear- ons production and due to increasingly our vital interests. In our complex post ing expressed his view on the risk of cold war world, we must begin to build porous and unguarded borders. The ma- chemical and biological terrorism that a national consensus around the bed- terials and know-how for weapons of ‘‘we have been lucky so far.’’ Mr. Presi- rock requirements of our security. mass destruction are more available dent, I do not believe we should base PROLIFERATION OF WEAPONS OF MASS than ever to the highest bidder. our security on luck. It was a little-no- A widening circle of States, non-state DESTRUCTION ticed fact that the judge in the World actors, and ideologically motivated The spread of weapons of mass de- Trade Center case stated at the defend- struction still clouds our security out- groups may increasingly have the re- ant’s sentencing hearing that he be- look. Possession of nuclear, chemical, sources and capabilities to acquire the lieved the terrorists attempted to aug- or biological weapons by rogue nations technology and materials necessary to ment the blast with the deadly nerve or terrorist groups could pose a clear create weapons of mass destruction. agent, cyanide. Incidents like these and present danger to our society. U.S. Such groups may not need to wield bat- have heightened awareness to this leadership will continue to be the driv- tlefield-ready military weapons to threat. We have begun to take some ing force for maintaining norms wreak mass destruction—crude bombs steps required to meet the challenge of against either acquisition or use of and low-tech delivery systems may suf- terrorism, such as the domestic pre- weapons of mass destruction. The fice. Our new strategy must assume paredness provisions of the Nunn- Aspen Strategy Group, which I co-chair that proliferation, like war, is not a Lugar-Domenici legislation included in along with Ken Dam, recently exam- relic of the cold war headed for the the fiscal year 1997 Defense Authoriza- ined the post-cold war threats posed by dustbin of history. tion Act. We now have a very impor- WMD proliferation, and found that TERRORISM, FANATICISM & LETHAL MATERIALS tant foundation for this challenge. But some significant progress has been Unfortunately, these weapons of un- I depart the Senate with a sense that made. The Aspen group found: thinkable destructive power already this mission is just beginning, Important progress has been achieved appear within the grasp of individuals These are the known dangers that in restraining—and even rolling back— and groups willing to do the unthink- are now coming into focus. Unfortu- nuclear proliferation. The nuclear Non- able. While terrorism and fanaticism nately, we are a nation of soft targets. proliferation Treaty has been extended are hardly new, the medium of the ter- An effective response is possible, but it indefinitely. The nuclear weapons for- rorists’ perverse message is expanding requires a willingness to think anew merly controlled by Ukraine, Belarus as lethal materials and technology be- about our security and about the way and Kasakhstan have been consolidated come more readily available. The our Government and our military are in Russian hands. South Africa has vol- Unabomber demonstrated the terror organized to defense against the untarily dismantled its nuclear arse- one man can inspire, Oklahoma City, threats of today. We should not assume nal. Brazil and Argentina terminated allegedly, illustrated the damage two that the bureaucratic structures of our their nuclear efforts. Only India, Israel can do, the World Trade Center showed foreign policy and national security ap- and Pakistan are holdouts on the Com- the power of a small, well-organized paratus, nor the force postures that prehensive Test Ban Treaty. group and the bombing of an American were successful for waging the cold While treaties and institutions are base in Saudi Arabia drove home the war, are the right ones for the threats only one part of our nonproliferation point that terrorists probe for we will face in the future. S11756 CONGRESSIONAL RECORD — SENATE September 28, 1996 THE NEW CHALLENGE: SECURITY IN CYBERSPACE INTELLIGENCE AND LAW ENFORCEMENT Soviet nuclear weapons? In my view, The information age has brought us Two essential elements of any suc- the nearly $2 billion spent on CTR is a unimaginable efficiency and productiv- cessful national security strategy, our bargain. At the recent Aspen Strategy ity, in effect shrinking time and space. intelligence and law enforcement capa- Group meeting on the post-cold war In military affairs the power of com- bilities, are both in the process of ad- era, the overwhelming consensus of puters and networks have helped make justing to the post-cold war situation. this group of experts was that the our armed forces the most powerful in We can not afford a lapse in either. Yet Nunn-Lugar programs have opened the the history of the world. Our forces are the distinction between warfare and door to solutions to a wide range of ur- able to achieve battlefield dominance crime is becoming less clear every day, gent security problems, some of which through use of information systems especially when such lethal materials threaten Russia itself. The group rec- that receive, collate, and analyze data and expertise are being smuggled ommended continued strong support in real time. Elsewhere in Government across borders, when organized crime for CTR programs. and in the private sector every aspect groups are involved in smuggling ev- THE BACKBONE OF THE STRATEGIC AGENDA: of our society is realizing the great ad- erything from weapons of mass de- NATO, RUSSIA, CHINA, AND NUCLEAR ARMS vantages offered by the computer. Key struction, to drugs, to illegal aliens, CONTROL components of our Nation’s infrastruc- and when terrorists maintain sophisti- NATO ture—government, financial, transpor- cated international financial networks. The pivotal issue of NATO enlarge- tation, power, communication—are be- In light of the new realities, we face, ment has important ramifications for coming increasingly dependent upon it is imperative that our intelligence America, the Atlantic Alliance, the information systems and networks. agencies work effectively with law en- countries of central and eastern Eu- Every day new industries and services forcement to protect America from the rope, and for Russia and the other FSU are going on-line. This process is fueled threat posed by the convergence of countries. The decision to move ahead by advancing technologies that en- these formerly distinct threats of pro- in the immediate future with NATO en- hance the capability and power of com- liferation, terrorism, and international largement raises several questions that puting, while simultaneously decreas- organized crime. This intersection of need to be addressed as part of our ing their cost. foreign and domestic security has im- strategic agenda. First, how will NATO Yet we are only now beginning to plications for our military and civilian expansion affect our vital interests, es- comprehend that the same information institutions that share responsibilities pecially our efforts to stem the pro- networks that we are relying upon to in the rapidly changing security field. liferation of nuclear weapons and ma- run our society are vulnerable to dis- In the process of improving our de- terials from the FSU? Second, how can ruption and penetration. The Defense fenses we must be mindful of our politi- expansion be conducted without caus- Department estimates that their com- cal traditions that separate civilian ing Russia to react by redeployment of puters are probably subjected to as law enforcement from the military and tactical nuclear weapons and moving many as 250,000 computer attacks each limit government’s intrusion into our further toward a launch on warning year. When conducting vulnerability lives, but these important sensitivities hair trigger response. And third, how assessments of their own systems the must not be allowed to paralyze us. can the proposed inclusion of the Defense Department successfully hacks COOPERATIVE THREAT REDUCTION Visegrad nations in NATO be accom- into its own system over 65 percent of Perhaps the most urgent nuclear plished without threatening the long the time. Already we have seen exam- danger of the post-cold war era stems term security of Ukraine and the Bal- ples of hackers in foreign nations from the potential loss of control over tics? launching electronic info-war attacks the nuclear assets of the former Soviet RUSSIA AND THE FSU on our Defense Department computers. Union, which opens a potential Pan- With their vast territory, their di- Experts agree we are only detecting dora’s box of nuclear proliferation verse peoples and great military capa- the least competent intruders. The loss nightmare scenarios. Set free with the bilities, the countries of the former So- of sensitive information is not the only disintegration of the Russian empire viet Union can be either major contrib- utors to global stability and peace or a result to fear. Much of our Nation’s was a vast potential supermarket of major cause of instability and conflict. critical infrastructure could be dis- thousands of nuclear, chemical and bio- The challenge for the United States rupted by a hacker equipped with little logical weapons, materials and sci- and its allies is to facilitate the former more than bad intentions. Imagine the entists with the know-how to create outcome. consequences of the northeast power them. At the Aspen Strategy Group meet- grid being taken down—if even for only Our response to that threat, the ing, experts identified the short, me- a few days—in the middle of winter. Nunn-Lugar Cooperative Threat Reduc- dium and long term aspects of this Our communications, medical, trans- tion [CTR] Program, has been aptly de- challenge. In the short term, maintain- portation, and financial infrastructures scribed by Secretary of Defense Bill ing controls on nuclear assets remains are all at risk. Perry as defense by other means. Since our top priority. There is more that Ironically, our dominance and sophis- it began in 1990, the CTR program has needs to be done to ensure the safety tication creates weaknesses our adver- been instrumental in assuring central and security of the nuclear materials saries can exploit, cheaply and with command and control over deployed that we know are sought by Iran and fear of little detection. In this regard, weapons, preventing the emergence of other nuclear renegades. we are our own worst enemy. Most of new nuclear weapons states in Ukraine, We must not lose sight of our me- the vulnerabilities of our information Belarus, and Kazakstan, and locking up dium and long term objectives. In the systems are based not simply upon tons of nuclear materials to prevent it medium term, therefore, we must con- technological defects, but human ones. from falling into the wrong hands. tinue to craft our strategic relation- Our intoxication with technological History will record the prevention of ship with Russia and the other FSU advantages has made us blind and deaf four new nuclear weapons states from countries, including efforts to further to information age vulnerabilities. If emerging out of the wreckage of the reduce nuclear dangers. This effort we fail to embed a culture of informa- Soviet empire as one of the greatest should include arms control as well as tion security early in this revolution, achievements of the decade, and as lay- efforts to convert Russia’s massive we will create scenarios where info-war ing an important foundation for a post- weapons industries to peaceful pur- could become a great equalizer for our Soviet world. Yet the CTR program is poses. enemies. still criticized as foreign aid. Viewed in In the long term, we should encour- Thus, along with the proliferation of an historical context, it is useful to age new thinking about national secu- weapons of mass destruction and ter- ask how much would we have paid dur- rity and foreign policy in the minds of rorism, has arrived a new method to ing the cold war to eliminate thou- Russian and FSU leaders. Our long cause mass disruption. How we police sands of Soviet warheads. How much is term strategy should, therefore, in- the borderless world of cyberspace is a it worth to prevent countries like Iraq clude sustained efforts to expose FSU question we have not yet begun to an- and North Korea, or cults like the Aum policy makers to the logic of coopera- swer. Shinrikyo, from getting hold of foreign tive measures such as strategic arms September 28, 1996 CONGRESSIONAL RECORD — SENATE S11757 control, missile defense and the CTR At the same time, we can continue to issues that are truly vital to our citi- programs, not just their technical im- reduce the role of nuclear weapons in zens. plementation. The recent Aspen Strat- our defense strategy—if such reduc- The material follows: egy Group meeting discussed several tions are matched by the other nuclear RECOMMENDATIONS OF THE MINORITY STAFF proposals to deepen and expand co- powers. If reductions in our own arse- OF THE U.S. SENATE PERMANENT SUB- operation on threat reduction, and nal can persuade others to make com- COMMITTEE ON INVESTIGATIONS—HEARINGS nonproliferation by harnessing eco- parable cuts, or not develop nuclear ON SECURITY IN CYBERSPACE, JUNE 5, 1996 nomic forces to move obsolete defense weapons at all, we come out ahead. The need to establish a comprehensive plan industries into productive and profit- This is the logic of the Comprehensive within which to address the vulnerabilities of our National Information Infrastructure able civilian activities. Avoiding an- Test Ban Treaty; the benefits of freez- (NII) is paramount. Whether through a White other cold war is a goal worth pursu- ing the nuclear status quo outweigh House-led Task Force or some similar mech- ing, where success or failure will affect the costs and leave us in a position of anism, the interdisciplinary nature of this our security for decades to come. relative advantage. threat requires a government-wide response CHINA Similarly, our promising develop- that also addresses the exposure of the pri- With the world’s most rapidly grow- ment of needed limited missile defenses vate sector. should proceed with an awareness of The U.S. must formulate national policy to ing economy and one fourth of its pop- promote the security of its information in- ulation, China has joined the ranks of the unintended consequences that frastructure. the great powers. China’s military could result if Russia and China re- Presently, agencies are greatly limited by modernization and arms policies are al- spond by retaining, redeploying and pre-existing missions and jurisdictional as- ready having repercussions throughout building enough warheads and missiles signments. Unfortunately, the threat ignores Asia. Yet it is an open question wheth- to overwhelm any conceivable anti- national boundaries and often remains a missile system, as they have vowed to mystery until it is fully investigated. Based er China will accept the norms and upon the multidimensional nature of the standards that are adhered to by all do. I have argued for years that it is threat posed to our information infrastruc- but a few outlaw states, or will seek possible to advance as rapidly as pos- ture, there exists a need to establish a free revolutionary changes in the existing sible with missile defenses in a way standing entity that can conduct operational world order. As important as it is for that does not result in more nuclear responses to computer attacks, and task dif- China to respect international stand- weapons being pointed at us. Putting ferent agencies within our government. aside the issue of cost for a moment, a The Staff recommends the creation of a ards for human rights and trade, the National Information Infrastructure Threat future strategic agenda—including policy that leaves us facing more of the Center that will include representatives nonproliferation, arms control, and re- threat we were trying to defend against from the law enforcement, intelligence and gional stability—depends on China’s in the first place is the essence of bad the Defense communities, as well as liaison adherence to existing agreements and strategy. The error is especially short- with the private sector. This center should regimes. Our strategic agenda must not sighted if it is possible—as it is in this have ‘‘real time’’ 24 hour operational capa- overlook China’s ability to make or case—to have missile defense and re- bilities as well as serve as a clearing house for intrusion reports. break the norms and institutions that duce the numbers of missiles pointed at No intelligence, counter-intelligence or define the international system. us. In my view, this can be accom- law enforcement agency has yet produced an A major obstacle to China’s full in- plished by cooperation with Russia on NII threat assessment. More importantly, corporation into the international limited defense for both nations and the intelligence community is having dif- community is the incompleteness of modest amendments to the ABM Trea- ficulty collecting the data necessary to even the rule of law in China. With respect ty. prepare such an estimate. Collection of data to human rights and arms prolifera- I do not have any illusions about must become a high priority within the in- telligence community. tion, a fundamental aspect of our ap- arms control; treaties are not cost-free The Staff recommends that the Director of proach should be to encourage China to and do not necessarily address the root Central Intelligence complete an NII threat strengthen its rule of law. This ap- causes of conflict. Some people may, as estimate. The estimate should have an un- proach would include our concern for the critics warn, be lulled into a false classified version that can be made available human rights, but would also be pro- sense of security by arms control. But to private industry. vide a broader appeal to China’s self-in- I believe my record shows that I have The uneven response in the international community to the threat posed to informa- terest, because a nation governed by not been one of them. Our Armed tion infrastructures has created difficulties law is more predictable, more attrac- Forces today are second to none and enforcing anti-intrusion legislation. Only a tive to economic investment, and more will remain so for the foreseeable fu- handful of countries presently have meaning- likely to abide by its commitments. ture. But to the critics of arms control ful computer crime investigative capability, NUCLEAR WEAPONS AND ARMS CONTROL I ask: What is the better alternative to and the absence of uniformity has given The end of the cold war did not agreements such as START II, which would-be attackers refuge from detection or prosecution. render deterrence obsolete. Iraq’s non- would eliminate the most destabilizing The Staff recommends that the U.S. pro- use of its chemical and biological war- strategic weapons of all—Russia’s land- mote the creation of an international com- heads during the Gulf War stands as an based MIRVed missiles? Would we be puter crime bureau with emergency response important reminder that even rogue better off without Cooperative Threat capability. This Bureau may be assigned to states are not immune to the logic of Reduction programs that keep nuclear Interpol and would provide education and overwhelming retaliation. The credibil- weapons out of the hands of terrorists? awareness training to foreign law enforce- ity of our deterrent forces must remain Sound arms control agreements can ment agencies in order to promote the cre- ation of dedicated computer crime units or unquestioned. Yet, the period between and do enhance our security. similar capability as well as uniform inves- the end of the cold war and early dec- These are critical determinants of tigative and computer forensic practices. ades of the next century offers the our national security for the coming This Bureau would also have operational re- United States a unique opportunity. era: proliferation, terrorism, and rela- sponse, like a CERT, in support of computer Though the transformation of Russia tions among the great powers. Of crime incidents. The Bureau would also col- and emergence of China as a global course, many other important issues lect data on vulnerabilities and disseminate power could pose new security chal- contribute to the overall security out- countermeasures as well as serve as an inter- lenges by about 2010, in the interim, look—our bilateral relationships with national clearinghouse for intrusion inci- dents. the United States faces no peer com- key allies, regional developments in Our government must foster a security cul- petitor and is unrivaled in conven- Asia and the Middle East, maintaining ture that appreciates the vulnerabilities of tional military superiority. I say this our technological lead, and various our National Information Infrastructure having devoted much of my career to global issues such as trade, population, (NII). We need to maintain a better pool of the betterment of our Armed Forces. immigration, environment, human security professionals and, generally, im- Our current situation offers a window rights, economic development and the prove the security consciousness of our users and our managers. There are several special- of opportunity to build our qualitative march of democracy. But, as the report ties in the computer career field for govern- edge in conventional weapons tech- on America’s National Interests and ment employees including computer opera- nology to strengthen deterrence for the the Aspen Strategy Group both remind tors, computer technicians, computer pro- future. us we must give priority to those core grammers and computer analysis. There is S11758 CONGRESSIONAL RECORD — SENATE September 28, 1996 no specialty in the computer career fields for The Staff recommends logon warning ban- though establishing the unquestionable network administrators, computer security ners become mandatory for all government preeminence of our force structure, has personnel, nor in the criminal investigative and government interest systems.∑ fostered a dependency upon 2 million career field for computer crime investiga- f interconnected DOD computers. tors. In order to ensure that computer security NATIONAL SECURITY AND THE How would we get by if the informa- positions are filled with personnel that pos- INFORMATION AGE tion infrastructure of any of these crit- sess the requisite experience and training ical systems proved unreliable? ∑ Mr. NUNN. Mr. President, tech- the Staff recommends the creation of a Gov- As we rush to connect to the infor- ernment Computer Security Specialist Ca- nology has long been an instrument of power and change. From the invention mation superhighway, are we suffi- reer Field that will include potential for ca- ciently addressing the potential weak- reer progression and incorporate specialized of the printing press to the advent of computer security training. the industrial revolution to the devel- nesses created by our growing depend- In order to promote a stable pool of infor- opment of nuclear weapons, techno- ency on computers and networks? To mation security managers within the U.S. logical advances have profoundly al- what extent can the vital services sup- government, the Staff recommends the cre- tered our society and changed the ported by our information infrastruc- ation of a Government Computer Systems ture be disrupted? How can we be as- Administrator Career Field that will include course of our history. Today, we find ourselves in the midst of one of the sured that the information stored—es- potential for career progression and incor- pecially data related to our national porate specialized computer security train- most far-reaching technological devel- ing. opments of all—the information age. security—retains its availability, reli- ability, and confidentiality? In order to promote and improve our gov- OUR INFORMATION INFRASTRUCTURE ernment’s computer crime investigative po- Advances in computing and THE THREAT FROM CYBERSPACE tential, the Staff recommends the creation networking have affected every aspect Ironically, the same technological of a Government Computer Crime Investiga- advances that have brought us the ad- tors Career Field that will include the poten- of our society—from civilian govern- tial for career progression and specialized ment and the military, to public utili- vantages of the information age, have computer crime investigation training. ties, health care, communications, also given us the tools to disrupt and Vulnerability testing and assessment of transportation, and financial systems. exploit it. In the early 1980’s only the government and government interest com- Computer networks and the ever-in- very technically competent had the ex- puter systems is the best method of enhanc- creasing power of the information sys- pertise to break into computer sys- ing awareness of the vulnerabilities of our tems they connect, are compressing tems. Not only were there fewer hack- information infrastructure. Presently, only ers, there were not as many targets. the Defense Department has an aggressive time and space, creating vast effi- vulnerability program. ciencies in the delivery of goods and Today, the situation is reversed: The Staff recommends that the federal services. Government is more produc- while the hacker tools are becoming government promote regular vulnerability tive and connected, business is more more sophisticated, they are also be- assessments, or ‘‘red teaming,’’ of govern- robust, versatile, and cost-effective, coming more available and user-friend- ment agencies, especially agencies outside of and individuals now have access to ly, requiring little expertise. Logic the Department of Defense. The Staff further large caches of information and each bombs, viruses, password sniffers and recommends that an agency be designated to other tools that can disrupt and de- perform such vulnerability assessments in other. the same manner that the Defense Informa- The rush to connect seems to reach stroy computer networks, are now tion Systems Agency (DISA) perform such new and unimaginable heights each widely available on the Internet. For assessments for the armed services. day with the announcement of a more instance, last year ‘‘point and click’’ One of the most significant voids in com- powerful computer or some new inno- computer security program—Security puter security is the lack of reporting of at- vation. Just 5 years ago the number of Administrator Tool for Analyzing Net- tempted and even successful penetrations of users on the Internet totaled 2 to 3 mil- works or ‘‘SATAN’’—was disseminated government systems as well as other sys- on the Internet. Now this computer tems of national interest. Mandating the re- lion. Today, over 55 million log-on porting of intrusions in government systems worldwide and the number grows. Com- program, which provides its user with will foster a greater security culture with puter links that stretch around the automated intrusion capability into the NII. Further, it is important to give pri- world transcend national and regional many networks, is available to mil- vate industry a mechanism within which it boundaries: Beijing and Baltimore are lions. can report intrusions without fear of inciting within a keystroke of each other. In hearings of the Permanent Sub- customer insecurity. Equally impressive is the expanding committee on Investigations earlier The Staff recommends that the U.S. gov- technology that supports this revolu- this year experts demonstrated how ernment mandate the reporting of intrusions and attempted intrusions in all government tion. Today’s home computers are lit- many of our critical computer net- and government interest systems. The Staff erally hundreds of times more powerful works were neither secure nor con- further recommends that federal agencies and versatile than the mainframe sys- fidential. A report issued this year by develop protocols and procedures for report- tems that NASA used to send a man to the General Accounting Office esti- ing computer intrusions, and subsequent re- the moon. Connectivity between net- mated that the unclassified but sen- ferral of same to proper criminal or other ap- works has similarly increased: In 1980, sitive networks at the Defense Depart- propriate agencies like the proposed Na- most modems required nearly 3 hours ment are likely experiencing as many tional Information Infrastructure Threat to transmit a 200 page book; today’s as 250,000 computer attacks per year. Center. The Staff further recommends that the fed- commercially available modems can Vulnerability studies of DOD networks eral government encourage private industry transmit the same book in 0.06 of a sec- suggest that these network attacks and the private sector to report intrusions ond. could be successful more than 65 per- into private information systems. The Staff Along with the great promise of the cent of the time. Over 90 percent of all would further recommend that the govern- information age, however, has arrived Department of Defense voice and data ment promote private industry reporting new dependencies. Our banking and fi- traffic transits these networks, and the through creation of anonymous clearing- nancial systems, though more efficient, data includes sensitive research data houses or similar methods. Logon warning banners that advise users of rely almost totally upon daily elec- and valuable intelligence information. government computers that there is no ex- tronic fund transfers in excess of $1 Furthermore, these systems support pectation of privacy, though recommended trillion. Our transportation system— critical defense missions related to by the Department of Justice, are not man- air, rail, and road—is able to receive troop movement and operational plans, datory on government computer networks. and analyze vast amounts of data but procurement, and weapons systems The logon banners put users on notice that must also be certain of the accuracy of maintenance. they have no reasonable expectation of pri- the information directing its critical Statistics from the civilian area are vacy on government systems and the use of operations. Energy and communication equally troubling. A recent FBI survey the system constitutes consent to monitor- ing. Presently, when intrusions occur on networks are more responsive but are that included corporations, financial government systems, lack of such a logon similarly reliant upon the redundancy institutions, universities, and health banner hampers investigative efforts and re- of electronic networks. And the infor- care institutions revealed that 42 per- sponse. mation revolution in military affairs, cent of those responding experienced September 28, 1996 CONGRESSIONAL RECORD — SENATE S11759 some form of intrusion or other unau- of data that would help provide the na- and law enforcement agencies must de- thorized use of computer systems with- ture and extent of the threat posed to velop reliable threat estimates that in the previous 12 months. Over 15 per- our information infrastructure is not will not only help secure government cent of these attacks involved the un- presently enough of a priority of our and military systems, but provide data authorized altering of data. intelligence community. The Brown to the private sector so that they can We have already observed anecdotal Commission Report on Roles and Capa- manage their own attendant risks. Piv- evidence of this threat. Last year two bilities of the United States Intel- otal to this challenge will be fostering London residents penetrated the Rome ligence Community similarly observed trust between industry and govern- Air Development Center computers at that the activity that was occurring ment in this arena. Griffiss Air Force Base in New York. did ‘‘not appear well coordinated or re- Finally, we must be willing to recon- Earlier this year an Argentinean na- sponsive to an overall strategy.’’ sider our previously defined notions of tional attacked NASA and other DOD Likewise, the law enforcement com- national security. The threat from computer systems from his living room munity has been unable to provide reli- cyberspace, because it can emanate in Buenos Aires. Recently, a computer able threat assessment in this area, from a borderless world that tran- gang based in St. Petersburg, Russia, perhaps because so little is ever re- scends national boundaries, eludes launched a computer attack against ported to law enforcement. According many of our traditional national secu- Citibank and were discovered only to an FBI survey, only 17 percent of rity assets. We cannot permit this after they were able to steal millions. those responding indicated that they problem to get lost in the seams of our Though disturbing, these incidents in- would advise law enforcement if at- intelligence, enforcement and defense volved the least competent and imma- tacked. communities. We will undoubtedly re- ture attacker. The more sophisticated Without reliable threat assessment quire the types of international alli- and structured attack likely occurs data we can neither conduct meaning- ances that has served us well in our de- without detection or apprehension. ful risk management, nor structure a fense of our physical perimeters. Fortunately, we have not suffered se- coherent national response to this This year the minority staff of the rious breakdowns in our information issue. This is one area where we cannot Permanent Subcommittee on Inves- infrastructure. Americans have not had afford to be operating in the dark. Too tigations completed a lengthy inves- to endure an unexpected, prolonged, many parts of our society have come to tigation into these issues that included and widespread interruption of power, rely on the information infrastructure a report entitled ‘‘Security in the indefinite grounding of air traffic, for us to remain ignorant of the extent Cyberspace.’’ The report set forth nu- or the loss of banking and financial of our vulnerabilities and the nature of merous recommendations intended to services and records. We should not, the threat facing us. improve our Nation’s cyber defenses. however, wait for an ‘‘electronic Pearl This issue poses problems for our Those recommendations include some Harbor’’ to spur us into rethinking the Government that are not easily ad- key proposals: speed and nature of our entry into dressed within the framework of our some of these information tech- (1) Formulate a national policy that pro- traditional national security strate- motes the security of our information infra- nologies. gies. Historically, our Government’s structure; Our intelligence agencies have al- security threats have been defined geo- (2) Create a National Information Infra- ready acknowledged that potential ad- graphically: a foreign threat versus do- structure Threat Center that includes the versaries throughout the world are de- mestic. And the type of threat would law enforcement, intelligence, and the de- veloping a body of knowledge about De- inspire a different response from the fense communities as well as liaison with the fense Department and other govern- appropriate agency; whether enforce- private sector; ment computer networks. According to (3) Complete an intelligence estimate of ment, military or intelligence. When the threats to our information infrastruc- DOD officials, these potential adversar- we move from the physical world into ies are developing attack methods that ture, that includes an unclassified version cyberspace, traditional divisions of re- that can be made available to the private include sophisticated computer viruses sponsibility, and assignment of roles sector; and automated attack routines which and missions become confusing. Is the (4) Promote the creation of an inter- allow them to launch anonymous at- bad actor a 16 year old, a foreign agent, national computer crime bureau with emer- tacks from anywhere in the world. an anarchist, or a combination thereof? gency response capability; In testimony before the Permanent Furthermore, the Internet exists in a (5) Maintain a better and qualified pool of Subcommittee on Investigations this computer security professionals and, gen- ‘‘border less’’ world. How do you ascer- erally, improve the security consciousness of year, CIA Director John Deutch ex- tain the nature of a threat if you don’t plained that both hostile nations and our government’s users and managers; know the motive of your adversary? (6) Promote regular computer vulner- terrorist organizations can, with rel- Which agency is used if you can’t tell ability assessments, or ‘‘red teaming’’ of ative ease, acquire the techniques to until the end of the investigation the government agencies, especially agencies penetrate information systems. Indeed, origin of the attack? outside of the Defense Department; and in response to a question as to where CONNECTION, PROTECTION AND A CULTURE OF (7) Encourage better reporting of computer he would place the threat of cyber- SECURITY incidents within private industry while cre- based attacks in terms of overall I believe if we fail to recognize and ating a mechanism within which industry threats to the United States, Director can report intrusions without fear of inciting address the potential vulnerabilities of customer insecurity. Deutch stated as follows: our information infrastructure today, I would say it is very, very close to the top, we may find ourselves victims to very Ultimately, there is no question that especially if you ask me to look 10 years costly scenarios tomorrow. Security the information age will bring us to down the road. I would say that after the must be imbedded into not only the new plateaus that will greatly benefit threats from weapons of mass our citizens and our world. We must destruction . . . nuclear, chemical and bio- technology of the computer age, but its culture as well. Computer users, sys- make sure, however, that in our rush logical weapons, this would fall right under to connect, we do not lose sight of the it; it is right next in priority, and it is a sub- tems administrators and software and more mundane but equally important ject that is going to be with us for a long hardware manufacturers must empha- time. size security on the front-end, not as need to protect.∑ A DIFFICULT PROBLEM FOR GOVERNMENT an afterthought. f Who is the enemy and what does he Many critical elements of our infra- or she want? Is it a lone anarchist try- structure—power, communications, fi- TERRORISM MEETS PROLIFERA- ing to create chaos, or a well-organized nancial, transportation—are largely in TION: THE CONVERGENCE OF group sponsored by a foreign govern- the hands of the private sector. As THREATS IN THE POST COLD ment? Is the motive of the bad actor these critical elements become more WAR ERA greed, espionage, or vandalism? Not- reliant upon open computer networks, WHEN FICTION BECOMES REALITY withstanding Director Deutch’s admo- government will have to partner with ∑ Mr. NUNN. Mr. President, last year, I nitions, the staff of the subcommittee industry to ensure the reliability of the spoke to a group about the changes found that the collection and analysis systems they support. Our intelligence that have occurred since the demise of S11760 CONGRESSIONAL RECORD — SENATE September 28, 1996 the former Soviet Union. In my re- now know, was not alone in trying to the post-cold-war period a uniquely marks, I offered a Tom Clancy-like hy- exploit instability in Russia to buy un- dangerous time for our country. Al- pothetical, set in 1998, that was in- conventional weapons and materials— though the risk of nuclear war is vast- tended to illustrate the possible night- the Iranians and others have been ly reduced and the overall outlook for mares that we might face in an age of shopping around the former Soviet our security is greatly improved, the proliferation. In my scenario, Libyan Union in search of materials, tech- risk of chemical, biological or some terrorists used a drone aircraft filled nology, and know-how. form of nuclear terrorism has in- with anthrax to attack the Capital dur- The seizure of 2.7 kilograms of weap- creased. This new threat does not put ing the President’s State of the Union on grade uranium in the Czech capital our civilization at risk in the way that Address. Seventy-two hours later, the of Prague and other smaller amounts nuclear confrontation did, but it is Government is stunned as Washington of plutonium elsewhere in Europe much harder to deter. The familiar bal- hospitals are overwhelmed with fatali- prove that nuclear smuggling is a re- ance of nuclear terror has yielded to a ties, including many of our elected and ality. These shipments were inter- much unpredictable situation, where appointed leaders. In my scenario, cepted by law enforcement authorities, adversaries may not be dissuaded by there were few survivors except for but is it possible that other shipments threats of retaliation. Our massive re- those few visionary Senators who had may have gone undetected? Last spring taliatory forces are useless against ter- retired in 1996. I participated in a CSIS study of the rorists who hide among civilian popu- Today I will offer another scenario, nuclear black market headed by former lations. Our biggest threats of the fu- perhaps even more unbelievable, Imag- FBI and CIA Director, William Web- ture may well be people who do not ine that a group of religious zealots led ster. The CSIS panel, which included have a return address. by a charismatic, half-blind yoga in- top intelligence and nuclear special- At the same time that most of the structor assembles an international ists, concluded that this was a problem world has turned its back on nuclear, following of nearly 50,000 members and we cannot ignore. It is simply unrealis- chemical, and biological weapons, a collects over $1 billion in assets. Fur- tic to assume that the tons of nuclear few desperate nations, terrorist groups, ther imagine, this group recruits physi- materials that are improperly secured, ideologically driven cults, ethnic mi- cists and scientists from all over the along with thousands of out-of-work norities, disaffected political groups world, and finds a large number of con- Soviet weapons scientists and their and even individuals may view weapons verts among the scientific and profes- equipment will never end up in the of mass destruction as the only way to sional communities in Russia and wrong hands. Add to this new prolifera- wield power over world events. And if Japan. Believing it is their destiny to tion problem evidence of possible orga- battlefield-usable weapons are not destroy the world, they begin work on nized crime involvement in weapons available, crude bombs or dispersal sys- nuclear, chemical, and biological weap- smuggling and you have the ingredi- tems may suffice to produce mass ter- ons right under the noses of their gov- ents of a full blown disaster looming on ror. The Aspen group and other assess ernments and go completely unnoticed the horizon. the risk of chemical and biological ter- by foreign intelligence services. They Unfortunately, nuclear smuggling is rorism as higher than nuclear, with the purchase sophisticated dual-use tech- only part of the problem, and perhaps caveat that radiological weapons could nology along with many of the precur- even the least likely one to threaten produce massive terror even without sors needed to develop their lethal our security. posing a major health hazard. The trend lines in the last several weapons. They send their members UNTHINKABLE POWER WITHIN THE GRASP OF THE worldwide: looking for the Ebola virus UNTHINKING years are not encouraging. In our own in Zaire; mining for uranium in Aus- Weapons of mass destruction are in- country, survivalist and militia-type tralia; seeking protein databases for bi- creasingly within the grasp of a grow- groups have been charged with at- ological weapons and laser instruments ing number of developing countries, tempting to acquire bubonic plague in the United States; and obtaining sub-national groups, terrorist groups and ricin, a deadly substance derived helicopters and drone aircraft, as well and even individuals. The borderless from the castor bean. A small amount as other weapons delivery systems, world of cyberspace expands access to of ricin can kill in minutes if ingested, from the former Soviet Union and else- information about terrorist techniques inhaled, or absorbed through the skin. where. They then conduct macabre ex- and unconventional weapons even fur- Two individuals associated with a periments on sheep and humans. ther. Various violence-prone groups group called the Minnesota Patriots They are only caught after an at- now share recipes for making weapons Council were convicted of planning to tempted sarin nerve gas attack on a of mass destruction on the Internet use ricin to assassinate IRS officials major subway system goes awry. A and offer their trade secrets on how to and other Government employees. A mistake in crafting their delivery sys- make and use unconventional weapons former member of the Aryan Nation or- tem reduces the possible fatalities for sale through catalogs. This situa- dered the plague, saying he needed it from tens of thousands, to 12 people, al- tion is, as observed by Alvin Tofler, for research purposes. And it is useful though 5,000 are injured including ‘‘The ultimate devolution of power, the to recall that in May 1994, the sentenc- scores with severe nerve damage. demassification of mass-destruction ing judge in the World Trade Center Of course, this is not a Tom Clancy weapons.’’ case said the defendants had placed so- novel, it is fact. If I had used this same Proliferation and terrorism are not dium cyanide in their explosives pack- scenario before March 20, 1995, the date new threats. However, changes in the age with the intent of creating a poi- of the Tokyo subway sarin gas attack, international situation, in access to sonous cyanide gas but fortunately the people would have said, ‘‘impossible.’’ technology, and in terrorist motivation gas burned during the explosion. If The world has learned much since then require us to think anew about the po- true, we have already had the first at- about the Aum Shinrikyo attack. tential use of unconventional weapons tempted chemical terrorist attack here Much of what we know stems from against the United States. at home. hearings held by the Permanent Sub- In August I attended a meeting of the PREPARING FOR THE UNTHINKABLE committee on Investigations last year. Aspen Strategy Group that examined Add to these events the bombings in Those hearings revealed that the Aum these post-cold-war security threats. Oklahoma and Dharhan, the plans of and their doomsday weapons were sim- The Aspen Strategy Group is a biparti- the World Trade Center bombers to ply not on anybody’s radar screen. san committee sponsored by the Aspen blow up tunnels during New York City The initial response to the sub- Institute that examines critical issues rush hour and another plot to kill committee’s revelations was astonish- affecting U.S. national security. Sec- thousands by downing commercial air- ment and disbelief. It sounded unbe- retary of Defense William Perry and craft and the challenge is clear. The lievable. Subsequent hearings focused other top officials also attended the moral, political, military, and tech- on another previously unthinkable meeting. nical factors that made WMD terrorism event, the frightening prospect of nu- The consensus of the meeting was unthinkable may not last forever. The clear chaos in the aftermath of the col- that the convergence of proliferation, nuclear strategist Herman Kahn lapse of the Soviet Union. The Aum, we terrorism, and organized crime makes warned over thirty years ago that we September 28, 1996 CONGRESSIONAL RECORD — SENATE S11761 must think about the unthinkable in Chemical Weapons Convention is not a forcement agencies will also be on the order to avoid it. We need to think cure-all, but it is a step in the right di- forefront of our counter-terrorism ef- about the unthinkable possibility of a rection and will provide additional forts. Nation that sponsor WMD terror- terrorist WMD attack against our technical and political barriers to ism should not feel safe from retalia- country. deter and detect covert chemical weap- tion. Moreover, terrorists of all types These indicators of terrorism’s future ons programs. As for those who cheat should know with certainty that the take place against a background of pro- on their international commitments or United States will vigilantly track liferation, which also continues after shun the norms of international behav- down and punish them for their crimi- the cold war. We learned in 1995, after ior, we must be willing to hold them nal acts. In the case of WMD terrorism, four years of unprecedented inspec- accountable. the world will not be a big enough tions, the true extent of Iraq’s nuclear, Proliferation and terrorism are not place to hide, and any person, group or chemical, and biological weapons pro- new threats. Each will continue to be a state associated with such terrorists grams. Before the gulf war, Saddam threat in its own right and neither will be held equally responsible. Fortu- Hussein possessed bombs and missiles shows signs of disappearing any time nately, there is broad consensus deployed with anthrax, botulinum, soon. What is new is the degree of over- throughout the world on extradition sarin and VX, the most lethal form of lap between them. A new breed of ter- and hot-pursuit of terrorists—that con- nerve gas. Saddam also planned to rorism appears willing to take even sensus is even more solid where WMD seize the safeguarded enriched uranium more extreme measures in pursuit of are concerned. from Iraq’s civilian nuclear program even more extreme objectives. Interdiction is the second part of the and quickly make it into a nuclear A COMPREHENSIVE STRATEGY stragety—to detect and stop illicit bomb. Iran is developing nuclear, We need to address the threat posed transfers of weapons of mass destruc- chemical and biological weapons; and by the convergence of proliferation and tion and related technologies, both at Libya continues its drive for weapons terrorism in a comprehensive way. Un- our borders and those of cooperating of mass destruction. North Korea still fortunately, the task is even more dif- countries. This task will require the possesses an unknown quantity of plu- ficult than negotiating with an ideo- accelerated development of improved tonium and continues to sell missiles logically hostile, aggressive, and nu- detection technologies for chemical, bi- despite the freeze on its nuclear con- clear-armed superpower. For certain ological, and radiological materials as struction projects; China may be sell- religiously or ideologically driven ter- well as training of foreign customs in- ing nuclear missile technology despite rorists, self-preservation may not even spectors and law enforcement officials. its pledges not to do so. In South Asia, be a priority, as it was for the Soviets. We have taken some steps toward im- we see India and Pakistan embarking The traditional tools of statecraft—the proving our interdiction capabilities on a nuclear arms race. The list of careful blending of force and diplo- and training foreign customs officials, countries actively pursuing chemical macy—may have little relevance where but we have a long ways yet to go. I am and biological weapons and missiles the goals of mass destruction and ret- confident that there are promising continues to grow. There are some ribution, or supposed divine inspira- technologies and innovative methods bright spots on the proliferation tion, are concerned. The explosive mix out there if we are willing to properly front—not least of which is the fact of age-old zealotry and new-age weap- fund and support them. My colleagues that Ukraine, Belarus and Kazakstan onry has brought instruments of un- DICK LUGAR and PETE DOMENICI, and I are giving up the Soviet weapons on thinkable destructive power within the have called for a new Manhattan their territory. The new twist is that grasp of those willing to commit the Project to solve this problem, and the terrorists may join the ranks of the unthinkable. national laboratories at Livemore, Los proliferators. Some proliferators such A new strategy to combat the con- Alamos and elsewhere are doing some as Iraq, Iran, Libya and Syria are also vergence of proliferation and terrorism promising work in this area. The De- sponsors of terrorism. Would a govern- should consist of several aspects adapt- fense Against Weapons of Mass De- ment supply WMD capabilities to ter- ed from our current defense posture. struction Act which we sponsored pro- rorists, or help terrorists acquire weap- The three main components should be vides $27 million to begin this effort. ons of mass destruction from the deterrence, interdiction and con- The third part of our strategy is pre- former Soviet Union? sequence mitigation. paredness to face the threat if preven- This possibility poses a clear chal- With respect to deterrence, our en- tion fails. We need to rethink and then lenge to our intelligence and law en- emies should never doubt our willing- rebuild our domestic preparedness and forcement efforts against this threat. ness to respond to any attack, with planning. Some important improve- We cannot keep track of every cult and overwhelming force, whether or not ments have been made recently but, every disaffected group or individual. weapons of mass destruction are in- again, much remains to be done. Some While we can and must improve our in- volved. At the same time, it should agencies, like the Federal Emergency telligence capabilities, this is one area also be clear that the use of weapons of Management Agency [FEMA] have up- in which an ounce of prevention is mass destruction against the United dated their Cold War mission. Others, worth more than a pound of cure. Job States would guarantee a retaliation like the Departments of Defense and number one is to make sure the actual that would far exceed any attacker’s Energy, possess specialized equipment weapons materials are safe from diver- ability to withstand. In light of our and expertise that must be available if sion at the source. The cooperative conventional weapons superiority, a WMD incident occurs. Managing threat reduction programs do just that, overwhelming retaliation can be car- these efforts during a crisis is the job and we have just passed legislation to ried out under most circumstances of law enforcement, although their beef up our efforts to improve the secu- without resort to nuclear weapons, al- mission to apprehend suspects and col- rity of Russian and FSU nuclear, chem- though nuclear deterrence should re- lect evidence may sometimes have to ical, and biological weapons materials. main an option. For the present, ambi- take a back seat to public safety. That legislation also included support guity regarding our response may in- This is just on the Federal level. We for detection and interdiction of smug- spire caution in the minds of any po- heard during our hearings the concerns gling of these lethal materials, and in- tential attacker. of the first responders—the fire, medi- creased penalties for those who are The threat of overwhelming retalia- cal, police, public works, and other caught. tion, however, is not effective against local officials who would be the first on Our intelligence and law enforcement terrorists, unless they can be traced to the scene in the event of a chemical, efforts also benefit from international a state sponsor. Terrorists typically biological, or nuclear incident. We owe cooperation. We need to strengthen the hide among civilian populations, thus it to those public servants and the citi- safeguards of the International Atomic ruling out certain retaliatory options. zens they protect to make available Energy Agency to make certain that Of course, military force can still be di- the training, equipment, and expertise nuclear materials can all be accounted rected against terrorists where they needed to prevent them from joining for, and that suspicious nuclear pro- hide, and we have the capability to the ranks of the first victims of an at- grams are carefully scrutinized. The conduct special operations, but law en- tack. Our strategy must consolidate S11762 CONGRESSIONAL RECORD — SENATE September 28, 1996 our scattershot efforts to focus on this tees. GAO is now producing over 1,000 the Federal Student Loan and Pell problem. reports per year, and provides expert Grant Programs to protect the quality The legislation I sponsored with Sen- testimony before congressional com- of postsecondary education; and ators LUGAR and DOMENICI contained a mittees over 300 times per year, dou- Prodding the Defense Department to key section on domestic preparedness. bling their productivity since 1983. De- improve its troubled financial manage- We provided the authority and funding spite reductions of 25 percent in their ment systems, providing continued to begin to establish special chemical audit and staffing budget since fiscal oversight of DOD’s progress, and con- and biological emergency response year 1992, Mr. Bowsher made sure the tinuing to press for further improve- teams and to train local officials. We quality of GAO’s report and services re- ments in DOD’s oversight of the De- also included a provision to improve mained uncompromised. fense business operations fund and coordination of all the relevant agen- Under their mandate to evaluate and other systems required to ensure that cies and departments by establishing a audit all Government programs and ac- the taxpayer’s money has been cor- special coordinator at the White House. tivities, GAO has consistently pro- rectly accounted for. The Coordinator would oversee the duced reports that are on the cutting Mr. Bowsher has also demonstrated Government’s nonproliferation, edge of research, analysis, and inves- great vision as our Government pre- counterproliferation, counterterrorism, tigation. Mr. Bowsher continually pares for the next millennium. Under intelligence, and law enforcement ac- pressed for strengthened and revised his leadership, GAO greatly enhanced tivities that are directly relevant to budget and accounting systems. As a its focus on issues related to informa- this problem, but are spread far and result of GAO’s recommendations, over tion management and technology, and wide throughout the various depart- $100 billion in savings and benefits have they have produced cutting edge analy- sis of the challenges our Government ments, and pull them together in a co- been realized through budget reduc- will face in the information age. GAO herent policy. tions, cost avoidances, appropriations recently issued a report on the extent The change in the nature of the deferrals, and revenue enhancements. threat requires a change in the way we As chairman and ranking member of to which Defense computer systems are organize our resources to provide for the Permanent Subcommittee on In- being attacked, the actual and poten- tial damage to its information and sys- our defense. We should be willing to vestigations, I came to rely on the tems, and the challenges the Defense rethink and reshape the cold war bu- work produced by GAO through their Department is facing in securing its reaucracy and adjust our institutions high risk series. These reports docu- sensitive but unclassified information to respond dynamically to a dynamic mented programs where the potential systems. This report and their result- threat. We will need new doctrine and for billions of dollars in waste, fraud, ing testimony before the Permanent innovative technologies, improved in- abuse and mismanagement existed. Subcommittee on Investigations was telligence and law enforcement, and Their expertise in identifying problem some of the most professional and cooperation with foreign governments areas didn’t end here. Through their skillful I have seen. to address this threat. The three- work for the subcommittee, they iden- This Congress and the American peo- pronged strategy I have described is tified innumerable areas for improve- ple owe a great debt to Charles within our reach and within our budg- ment. In the last few years alone, their Bowsher for his fine work. I congratu- et. Of course we will need to shift pri- work for the subcommittee has re- late him on his 15 years of service, and orities and more funding will be re- sulted in hundreds of millions of dol- wish him well in his future endeavors.∑ quired. But the threat of terrorist at- lars in documented savings to the Fed- f tack on American cities involving radi- eral Government. ological, chemical, biological or nu- In the Armed Services Committee, EXPLANATION OF VOTES ON THE clear weapons has reached a point we relied on GAO’s work on many occa- SENATE ENERGY AND WATER where a new effort is required. We sions, especially in areas such as finan- DEVELOPMENT APPROPRIATIONS should not wait to take action in the cial management and acquisition pol- ACT wake of an incident. This is a clear and icy, and on their investigative abilities ∑ Mr. ABRAHAM. Mr. President, re- present danger that requires a timely in cases where the committee needed cently, the Senate passed the con- response.∑ to find out exactly what the facts were. ference report to the Energy and Water f GAO’s fine work under Mr. Bowsher’s Development Appropriations Act. I leadership goes well beyond measur- would like to take a moment to com- RETIREMENT OF COMPTROLLER able cost savings. Although the bene- GENERAL CHARLES A. BOWSHER ment on the amendments to the origi- fits are less qualifiable than dollar sav- nal bill that was passed out of this ∑ Mr. NUNN. Mr. President, next Mon- ings, they are just as significant. Their Chamber. day the Comptroller General of the work has repeatedly alerted Congress The first vote during consideration of United States, Charles A. Bowsher, will and the executive branch to weak- this act was on a McCain amendment retire after 15 years in that position. nesses in Federal regulations, law en- to eliminate the advanced light water At the time of his appointment in 1981, forcement, and issues related to our reactor [ALWR] program. Started in President Reagan said ‘‘this is one of Armed Forces. Some examples include: 1993, the ALWR represents a joint com- the most important appointments that Identifying problems in requirements mitment by Government and industry I shall make as President, adding that for reporting currency transactions at to develop a new generation of stand- ‘‘it’s obvious that in this post, a strong banks and other financial institutions ardized, advanced reactors. I opposed and effective leader can have an endur- to strengthen the ability to detect the McCain amendment for several rea- ing impact on our political institu- money laundering to prevent billions of sons: First, 1997 is the final year of a 5- tions.’’ As chairman and ranking mem- dollars of drug and criminal proceeds year program that, once complete, will ber of the Armed Services Committee, to escape taxation, forfeiture and sei- result in an estimated $1 billion in U.S. and the Permanent Subcommittee on zure; revenue. Congress originally agreed to Investigations, I have had the privilege Highlighting the shortcomings of fund this program for 5 years, and it of working with Mr. Bowsher and his State insurance regulation of the Blue was important that this commitment able staff as they assist the Congress in Cross/Blue Shield plans that exposed be upheld. Perhaps more importantly, its oversight function. I believe his ef- thousands of subscribers to loss of the committee estimated that the cost forts have made an enduring impact on health care benefits through insurer to eliminate the program was actually our Government, making it more re- default; greater than the 1997 funding amount. sponsible, efficient and accountable to Identifying differences and weak- Finally, once complete, a major por- our citizens. nesses in state insurance regulations tion of the DOE contributions to this During his tenure, Mr. Bowsher has that permit fraudulent insurance project will be repaid as royalties from overseen a tremendous growth in the schemes to sell worthless policies to the sale of the powerplants. A biparti- amount of reports produced by GAO as unsuspecting consumers; san majority of Senators agreed with well as the amount of official testi- Identifying loopholes in Department me and voted to fund the ALWR in its mony given to Congressional commit- of Education procedures that regulate final year on a 53-to-45 vote. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11763 Following the consideration of the of the amendments considered by the propriation bills and addressed a num- ALWR program, the Senate turned to a Senate. Prior to final passage, several ber of amendments upon which I did Bumpers proposal to cut $269 million amendments were debated on the floor not have the opportunity to comment from the nuclear weapons stewardship of the Senate. at the time. One of these votes was on and maintenance accounts. This is an The first amendment considered was a motion to table the Dorgan amend- amendment which I resolutely opposed. a Santorum amendment to prohibit the ment to the Treasury-Postal Appro- I believe that continued cuts to this use of funds in excess of $125,000 for priations bill which would have raised Nation’s defense structure may endan- nonrecourse loans to peanut producers. taxes on companies doing business ger U.S. security at home and abroad. Recently, the peanut program has overseas. Due to the prohibition on nuclear faced extensive scrutiny. In response to Under current law, income generated weapon testing, the DOE is now forced several attempts to eliminate this pro- by a domestically owned controlled to use noncritical—that is, nonexplo- gram, members from peanut-producing foreign corporation is not subject to sive or computer modeled—testing States addressed some of the more our income taxes until that income is methods to guarantee the stability of problematic aspects of this program in repatriated back into the country. In nuclear weapons. As plutonium is only the farm bill. Since this issue had al- addition, CFC’s earn tax credits equal 50 years old as a known element, it ready been considered and decided by to the amount of tax they pay to their isn’t known what will happen to it over the Senate, I opposed Senator foreign host—up to but not exceeding time, and therefore, how it will change SANTORUM’s amendment. If the peanut the United States rate of taxation. The weapons performance or affect mainte- program is going to be amended, I be- Dorgan amendment would require in- nance personnel during routine parts lieve it should be done so during con- come generated by a CFC by producing replacement. The necessary procure- sideration of farm programs as a whole. goods overseas and selling them back ment of new computer and testing fa- Senator SANTORUM’s amendment was here to be taxed currently, rather than cilities requires this level of spending ultimately tabled by a vote of 64 to 34. be deferred. for at least the next 5 years. This I did, however, support a second Mr. President, I believe there are a shortsighted amendment was tabled 61 Santorum amendment to ensure that number of provisions in our Tax Code to 37. America’s farm programs are managed which need to be addressed, but I dis- Immediately thereafter, Senator ROD in the most objective manner possible. agree that offering ad hoc amendments GRAMS of Minnesota offered an amend- Specifically, Senator SANTORUM’s on the Senate floor to appropriation ment to limit funding for the Appa- amendment prohibited the use of funds bills is the way to go about it. Appro- lachian Regional Commission at the to carry out a program that was oper- priation bills are simply not suitable House-passed level and require the ated by a marketing association if the vehicles for major tax reforms. Instead, Commission be phased out in 5 years. I Secretary of Agriculture determined these issues should be addressed in a believe that this regional commission that a member of the board of directors comprehensive manner in the Finance is largely unnecessary and should face of the association had a conflict of in- Committee. the same scrutiny which has been terest with respect to the program. In That said, I also have a number of given to defense and entitlement fund- my opinion, a program that is not in- specific concerns regarding the Dorgan ing. I supported similar efforts with re- fluenced by individuals who stand to amendment. First, I believe Senator gard to this Commission last year. gain from decisions will garner greater DORGAN needs to make a better case Nonetheless, this amendment was de- respect and run more smoothly than a that companies move their plants due feated 69 to 30. program that is viewed as a Govern- to this tax provision, rather than in re- The final amendment to the energy ment subsidy for a few individuals. Un- sponse to comparative advantages or and water appropriations bill was a fortunately, by a vote of 61 to 37, this political barriers. Second, absent some Feingold amendment to eliminate amendment was also tabled. unspecified new protective barriers, I funding for the Bureau of Reclama- The final amendment considered was see nothing in this amendment which tion’s Animas-La Plata [A–LP] project a Bryan amendment to reduce the would repatriate existing overseas jobs in Colorado. The A–LP project would amount of funds appropriated to the or prevent future jobs from being lo- construct two reservoirs, seven pump- Market Access Program [MAP]. The cated there as opposed to here. ing plants, and 200 miles of canals and Bryan amendment would have elimi- Mr. President, none of our foreign pipes to pump water uphill to provide nated funding if the aggregate amount trading partners impose such a tax bur- irrigation for local residents, most of of funds and value of commodities den on their foreign corporations, and them native American. And while I ap- under the program exceeded $70 mil- before the Senate chooses to impose plaud Senator FEINGOLD for his efforts lion. Formerly known as the Market new taxes on our companies operating to reduce Government spending, this Promotion Program, this program has overseas, I believe this issue needs to program was agreed to by treaty be- provided funding for large and lucra- be more fully studied. While I am cer- tween the local Indian tribes and the tive corporations such as Sunkist. I be- tain this amendment will raise taxes U.S. Government. In instances such as lieve the Market Access Program is a on American businesses and could this, I believe treaty commitments clear example of corporate welfare, and harm our competitiveness in Michigan must be honored by a compelling show- I have consistently supported elimi- and elsewhere, I am unconvinced it will ing of necessity, and so I opposed Sen- nation or reduction of this unnecessary protect American jobs from foreign ator FEINGOLD’s amendment which was Government subsidy. I supported Sen- competition. defeated 65 to 33. ator BRYAN’s amendment which was ta- Another issue on which I wish to ex- After consideration of all amend- bled by a vote of 55 to 42. plain my vote was the motion to table ments, I was pleased to support final Following disposition of these three the Bumpers amendment prohibiting passage of this important funding leg- amendments, the 1997 Agriculture ap- the use of funds for the Space Station islation, and I voted in support of the propriations bill was passed, with my Program. A similar amendment was in- Energy and Water Development Appro- support, by a vote of 97 to 1. Mr. Presi- troduced last year by Senator BUMP- priations Act, and it passed the Senate dent, I am pleased that the conferees ERS, which I supported. Then and now, 93 to 6.∑ were able to act quickly to finalize this I have been concerned as to the costs of f legislation and allow America’s farm- the program and the extent to which ers to begin to grow for the market.∑ federal taxpayers verses the private EXPLANATION OF VOTES ON THE f sector should fund the effort. SENATE AGRICULTURE APPRO- In addition, I am concerned by re- PRIATIONS BILL EXPLANATION OF VOTES ON THE ports that the American Physical Soci- ∑ Mr. ABRAHAM. Mr. President, farm- FISCAL YEAR 1997 TREASURY/ ety has joined 14 other scientific orga- ing is Michigan’s second largest indus- POSTAL AND VA/HUD APPRO- nizations in stating that the scientific try and a cornerstone of the State’s PRIATIONS justification for the space station was economy. For this reason, I would like ∑ Mr. ABRAHAM. Mr. President, the lacking, and that the cost overruns to take a moment to comment on some Senate recently considered several ap- threatened to crowd out other, more S11764 CONGRESSIONAL RECORD — SENATE September 28, 1996 promising NASA programs in future amendment calling for additional ex- policies we establish as by the money years. As was the case last year, I still penditures on behalf of a study on the we spend. Although all of us pray that believe there would be a net advantage use of taggants in black gun powder nuclear weapons are never again used, to terminating this program. However, and smokeless powder. On this amend- we still find ourselves in a world where we are near the point where our invest- ment, both the majority and minority we must maintain an effective nuclear ment is too great to not finish the managers of the bill as well as the ad- deterrent to defend our country and project, and so I will continue to re- ministration objected to the offset used our national security. As an aside, this view this program annually. Should I by the Senator from Massachusetts in requirement for nuclear weapons would reach the conclusion that we have paying for the study’s expanded man- be drastically reduced if we were to de- reached the stage where our invest- date. Therefore, I chose to support the velop an effective ballistic missile de- ment has matured, I will drop my oppo- managers’ motion to table. The amend- fense system for the territory of the sition to the space station. ment was successfully tabled by a vote United States. Due to the Clinton ad- A pair of amendments concerning the of 57 to 42.∑ ministration’s opposition, however, we distribution of Veterans Medical Ad- f remain much more vulnerable to ministration resources are also worthy enemy nuclear attack. This requires us of additional explanation. Senators EXPLANATION OF VOTES ON THE to maintain more nuclear weapons DEPARTMENT OF DEFENSE AU- MCCAIN and GRAHAM introduced an than we would otherwise need as a de- amendment to develop a redistribution THORIZATION BILL terrent force. Therefore, as long as we plan of Veterans Administration medi- ∑ Mr. ABRAHAM. Mr. President, I wish have nuclear weapons, we must also en- cal care resources. The amendment’s to explain a number of my votes on sure that they are stable and effective purpose is to ensure that veterans have amendments to the Department of De- to maintain the deterrent influence. similar access to health care services fense Authorization Bill (S. 1745) To that end, we must also preserve regardless of where they live. This passed out of this chamber on July 10, the ability, at least in the short term, seems to be the correct way for a effi- 1996. Specifically, I wish to address my to test these weapons for stability and cient government to function and is votes on Senator EXON’s amendment effectiveness. We may soon have the consistent with our commitment to regarding a general cut in defense capability to conduct these tests by provide quality medical care to our Na- spending, Senator WELLSTONE’s amend- computer simulation, but I do not be- tion’s veterans. The Senate overwhelm- ment regarding a shift of defense funds lieve we are there yet. The data pre- ingly adopted this amendment by a to other budget priorities, and Senator sented leads me to believe we must vote of 79 to 18. KYL’s amendment regarding nuclear maintain the ability to test these Senators HARKIN and MOYNIHAN then weapon testing. weapons, at least for a few more years. introduced an amendment that would Senator EXON proposed cutting the As our technological capabilities have prohibited this plan from reduc- Defense budget across the board by $4 progress, this may very well change, ing VA funds spent in any State over billion. I opposed this because I believe and I will be willing to reexamine this the previous year. Given our declining such a blanket approach is not a re- position. However, for now, I believe it veterans population with shifting med- sponsible way to contain defense spend- was necessary for our national defense ical requirements, I believe it is unrea- ing. Moreover, the Chairman of the to oppose the motion to table the Kyl sonable to prohibit the Department of Joint Chiefs of Staff, General amendment allowing continued and Veterans Affairs from reducing its out- Shalikashvili, has stated the he needs limited nuclear testing. lays in certain regions of the country, $60 billion more than the President re- Mr. President, as Members of the even if the demand for such services quested to modernize weapon systems. Congress, our first constitutional duty has decreased. The effect of this prohi- America’s superior military equipment is to pass legislation for the raising and support of our Armed Forces, just bition would have been large segments is aging quickly compared to that of as the Federal Government’s first duty of our veterans population being denied our potential adversaries, and I believe is to provide for the common defense. medical care. This is not responsible our men and women in uniform should My votes, I believe, serve that duty and governance, and I therefore joined with not be placed in harms way without further our national security goals. 59 other Senators in defeating this the best equipment possible. By the ∑ amendment 60 to 37. year 2010, our average fighter will have f Another amendment related to aged by 218 percent, and will only have NATIONAL INSTITUTES OF health care was offered by the Senator 1 year left in its service life limit. HEALTH REVITALIZATION ACT from Oregon, Senator WYDEN, which Tanks will be almost four times as old OF 1996 would prohibit health care plans from as they are today because we are not The text of the bill (S. 1897) to amend restricting or prohibiting certain com- buying new tanks, and the current the Public Health Service Act to revise munications between doctors and their stock of tanks will have, on average, and extend certain programs relating patients. Mr. President, I believe this passed their designed service life. This to the National Institutes of Health, issue has merit and should be addressed is unacceptable. To cut these funds and for other purposes; as passed by the by Congress, but I do not believe the when our fighting men and women need Senate on September 26, 1996, is as fol- Treasury-Postal Appropriations bill is them most is unconscionable, and lows: the appropriate vehicle, especially con- therefore, I voted against the Exon Be it enacted by the Senate and House of Rep- sidering that the amendment had a amendment. resentatives of the United States of America in substantial cost which would have Mr. President, I would also like to Congress assembled, made the entire appropriation bill ex- address my vote regarding Senator SECTION 1. SHORT TITLE; REFERENCES; AND ceed its budget limits. As such, it was WELLSTONE’s amendment on shifting TABLE OF CONTENTS $1.3 billion from defense spending to (a) SHORT TITLE.—This Act may be cited as subject to a point of order which I sup- the ‘‘National Institutes of Health Revital- ported. education programs. I have pledged to ization Act of 1996’’. It is my understanding that Senator support those Federal education pro- (b) REFERENCES.—Whenever in this Act an WYDEN, Senator KASSEBAUM, and oth- grams that work. However, this body amendment is expressed in terms of an ers are working at this moment to con- has long respected the ‘‘firewall’’ be- amendment to a section or other provision, struct a bipartisan solution to both the tween defense spending and other dis- the reference shall be considered to be made problem raised by Senator WYDEN and cretionary spending because we realize to a section or other provision of the Public the concerns of other Senators and the the common defense is indeed our first Health Service Act (42 U.S.C. 201 et seq.). (c) TABLE OF CONTENTS.—The table of con- insurance industry. I support these ef- priority, and therefore funding for the tents for this Act is as follows: forts and look forward to seeing some military should be determined inde- Sec. 1. Short title; references; and table of type of resolution, if not in this Con- pendent of other programs. Thus I contents gress then in the next. voted to table this amendment. TITLE I—PROVISIONS RELATING TO THE Finally, Mr. President, this Senator The manner in which we provide for NATIONAL INSTITUTES OF HEALTH would like to explain his reasoning in that common defense, however, some- Sec. 101. Director’s discretionary fund. voting to table Senator KERRY’s times is guaranteed as much by the Sec. 102. Children’s vaccine initiative. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11765 TITLE II—PROVISIONS RELATING TO Sec. 633. Establishment of a pediatric re- tor of the Institute certifies to the Commit- THE NATIONAL RESEARCH INSTITUTES search initiative. tee on Commerce of the House of Representa- Sec. 201. Research on osteoporosis, paget’s Sec. 634. Diabetes research. tives, and to the Committee on Labor and disease, and related bone dis- Sec. 635. Parkinson’s research. Human Resources of the Senate, that the Di- orders. Sec. 636. Pain research consortium. rector has determined that an insufficient Sec. 202. National Human Genome Research Subtitle E—Repeals and Conforming number of such proposals meet the applica- Institute. Amendments ble requirements of sections 491 and 492. ‘‘(d) TRANSFER.— Sec. 203. Increased amount of grant and Sec. 641. Repeals and conforming amend- ‘‘(1) IN GENERAL.—There are transferred to other awards. ments. Sec. 204. Meetings of advisory committees the National Human Genome Research Insti- TITLE I—PROVISIONS RELATING TO THE and councils. tute all functions which the National Center NATIONAL INSTITUTES OF HEALTH Sec. 205. Elimination or modification of re- for Human Genome Research exercised be- ports. SEC. 101. DIRECTOR’S DISCRETIONARY FUND. fore the date of enactment of this subpart, TITLE III—SPECIFIC INSTITUTES AND Section 402(i)(3) (42 U.S.C. 282(i)(3)) is including all related functions of any officer CENTERS amended by striking ‘‘$25,000,000’’ and all or employee of the National Center for that follows through the period and inserting Human Genome Research. The personnel em- Subtitle A—National Cancer Institute ‘‘such sums as may be necessary for fiscal ployed in connection with, and the assets, li- Sec. 301. Authorization of appropriations. year 1997.’’. abilities, contracts, property, records, and Sec. 302. DES study. SEC. 102. CHILDREN’S VACCINE INITIATIVE. unexpended balances of appropriations, au- Subtitle B—National Heart Lung and Blood Section 404B(c) (42 U.S.C. 283d(c)) is amend- thorizations, allocations, and other funds Institute ed by striking ‘‘$20,000,000’’ and all that fol- employed, used, held, arising from, available Sec. 311. Authorization of appropriations. lows through the period and inserting ‘‘such to, or to be made available in connection with the functions transferred under this Subtitle C—National Institute of Allergy and sums as may be necessary for fiscal year 1997.’’. subsection shall be transferred to the Na- Infectious Diseases tional Human Genome Research Institute. TITLE II—PROVISIONS RELATING TO THE Sec. 321. Terry Beirn community-based ‘‘(2) LEGAL DOCUMENTS.—All orders, deter- NATIONAL RESEARCH INSTITUTES AIDS research initiative. minations, rules, regulations, permits, agree- Subtitle D—National Institute of Child SEC. 201. RESEARCH ON OSTEOPOROSIS, PAGET’S ments, grants, contracts, certificates, li- Health and Human Development DISEASE, AND RELATED BONE DIS- censes, regulations, privileges, and other ad- ORDERS. ministrative actions which have been issued, Sec. 331. Research centers for contraception Section 409A(d) (42 U.S.C. 284e(d)) is and infertility. made, granted, or allowed to become effec- amended by striking ‘‘$40,000,000’’ and all tive in the performance of functions which Subtitle E—National Institute on Aging that follows through the period and inserting are transferred under this subsection shall Sec. 341. Authorization of appropriations. ‘‘such sums as may be necessary for fiscal continue in effect according to their terms year 1997.’’. Subtitle F—National Institute on Alcohol until modified, terminated, superseded, set Abuse and Alcoholism SEC. 202. NATIONAL HUMAN GENOME RESEARCH aside, or revoked in accordance with law. INSTITUTE. Sec. 351. Authorization of appropriations. ‘‘(3) REFERENCES.—References in any other (a) IN GENERAL.—Part C of title IV (42 Sec. 352. National Alcohol Research Center. Federal law, Executive order, rule, regula- U.S.C. 285 et seq.) is amended by adding at tion, or delegation of authority, or any docu- Subtitle G—National Institute on Drug the end thereof the following new subpart: ment of or relating to the National Center Abuse ‘‘Subpart 18—National Human Genome for Human Genome Research shall be deemed Sec. 361. Authorization of appropriations. Research Institute to refer to the National Human Genome Re- Sec. 362. Medication development program. ‘‘SEC. 464Z. PURPOSE OF THE INSTITUTE. search Institute. Sec. 363. Drug Abuse Research Centers. ‘‘(a) IN GENERAL.—The general purpose of ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Subtitle H—National Institute of Mental the National Human Genome Research Insti- There are authorized to be appropriated to Health tute is to characterize the structure and carry out this section, such sums as may be Sec. 371. Authorization of appropriations. function of the human genome, including the necessary for fiscal year 1997.’’. Subtitle I—National Center for Research mapping and sequencing of individual genes. (b) CONFORMING AMENDMENTS.— Resources Such purpose includes— (1) Section 401(b) (42 U.S.C. 281(b)) is ‘‘(1) planning and coordinating the re- amended— Sec. 381. Authorization of appropriations. (A) in paragraph (1), by adding at the end Sec. 382. General Clinical Research Centers. search goal of the genome project; ‘‘(2) reviewing and funding research propos- thereof the following new subparagraph: Sec. 383. Enhancement awards. ‘‘(R) The National Human Genome Re- Sec. 384. Waiver of limitations. als; ‘‘(3) conducting and supporting research search Institute.’’; and Subtitle J—National Library of Medicine training; (B) in paragraph (2)— Sec. 391. Authorization of appropriations. ‘‘(4) coordinating international genome re- (i) by striking subparagraph (D); and Sec. 392. Increasing the cap on grant search; (ii) by redesignating subparagraph (E) as amounts. ‘‘(5) communicating advances in genome subparagraph (D). TITLE IV—AWARDS AND TRAINING science to the public; (2) Subpart 3 of part E of title IV (42 U.S.C. 287c et seq.) is repealed. Sec. 401. Medical scientist training program. ‘‘(6) reviewing and funding proposals to ad- Sec. 402. Raise in maximum level of loan re- dress the ethical, legal, and social issues as- SEC. 203. INCREASED AMOUNT OF GRANT AND OTHER AWARDS. payments. sociated with the genome project (including Sec. 403. General loan repayment program. legal issues regarding patents); and Section 405(b)(2)(B) (42 U.S.C. 284(b)(2)(B) is Sec. 404. Clinical research assistance. ‘‘(7) planning and administering intra- amended— mural, collaborative, and field research to (1) in clause (i), by striking ‘‘$50,000’’ and TITLE V—RESEARCH WITH RESPECT TO study human genetic disease. inserting ‘‘$100,000’’; and AIDS ‘‘(b) RESEARCH.—The Director of the Insti- (2) in clause (ii), by striking ‘‘$50,000’’ and Sec. 501. Comprehensive plan for expendi- tute may conduct and support research inserting ‘‘$100,000’’. ture of AIDS appropriations. training— SEC. 204. MEETINGS OF ADVISORY COMMITTEES Sec. 502. Emergency AIDS discretionary ‘‘(1) for which fellowship support is not AND COUNCILS. fund. provided under section 487; and (a) IN GENERAL.—Section 406 (42 U.S.C. TITLE VI—GENERAL PROVISIONS ‘‘(2) that is not residency training of physi- 284a) is amended— Subtitle A—Authority of the Director of NIH cians or other health professionals. (1) in subsection (e), by striking ‘‘, but at ‘‘(c) ETHICAL, LEGAL, AND SOCIAL ISSUES.— least three times each fiscal year’’; and Sec. 601. Authority of the Director of NIH. ‘‘(1) IN GENERAL.—Except as provided in (2) in subsection (h)(2)— Subtitle B—Office of Rare Disease Research paragraph (2), of the amounts appropriated (A) in subparagraph (A)— Sec. 611. Establishment of Office for Rare to carry out subsection (a) for a fiscal year, (i) in clause (iv), by adding ‘‘and’’ after the Disease Research. the Director of the Institute shall make semicolon; Subtitle C—Certain Reauthorizations available not less than 5 percent of amounts (ii) in clause (v), by striking ‘‘; and’’ and made available for extramural research for inserting a period; and Sec. 621. National Research Service Awards. carrying out paragraph (6) of such sub- (iii) by striking clause (vi); and Sec. 622. National Foundation for Bio- section. (B) in subparagraph (B), by striking ‘‘, ex- medical Research. ‘‘(2) NONAPPLICATION.—With respect to pro- cept’’ and all that follows through ‘‘year’’. Subtitle D—Miscellaneous Provisions viding funds under subsection (a)(6) for pro- (b) PRESIDENT’S CANCER PANEL.—Section Sec. 631. Establishment of National Fund for posals to address the ethical issues associ- 415(a)(3) (42 U.S.C. 285a–4(a)(3)) is amended by Health Research. ated with the genome project, paragraph (1) striking ‘‘, but not less often than four times Sec. 632. Definition of clinical research. shall not apply for a fiscal year if the Direc- a year’’. S11766 CONGRESSIONAL RECORD — SENATE September 28, 1996

(c) INSTITUTE OF DIABETES AND DIGESTIVE risk pregnancy and high-risk infancy re- ‘‘REPORTS’’; AND KIDNEY DISEASES INTERAGENCY COORDI- search which directly relates to sudden in- and NATING COMMITTEES.—Section 429(b) (42 fant death syndrome, and to the relationship (B) by striking ‘‘shall prepare for inclusion U.S.C. 285c–3(b)) is amended by striking ‘‘, of the high-risk pregnancy and high-risk in- in the biennial report made under section 403 but not less often than four times a year’’. fancy research to sudden infant death syn- a biennial’’ and inserting ‘‘may prepare a’’; (d) INSTITUTE OF ARTHRITIS AND MUSCULO- drome,’’; and (16) in section 480(g) (42 U.S.C. 287a(g))— SKELETAL AND SKIN DISEASES INTERAGENCY (2) by striking subsections (b) and (c). (A) by striking ‘‘for inclusion in the bien- COORDINATING COMMITTEES.—Section 439(b) (f) U.S.-JAPAN COOPERATIVE MEDICAL nial report made under section 481’’ and in- (42 U.S.C. 285d–4(b)) is amended by striking SCIENCE PROGRAM.—Subsection (h) of section serting ‘‘as it may determine appropriate’’; ‘‘, but not less often than four times a year’’. 5 of the International Health Research Act of and (e) INSTITUTE ON DEAFNESS AND OTHER COM- 1960 is repealed. (B) by striking the second sentence; MUNICATION DISORDERS INTERAGENCY COORDI- (g) BIOENGINEERING RESEARCH.—Not later (17) in section 481 (42 U.S.C. 287a–1)— NATING COMMITTEES.—Section 464E(d) (42 than 6 months after the date of enactment of (A) in the section heading, to read as fol- U.S.C. 285m–5(d)) is amended by striking ‘‘, this Act, the Secretary of Health and Human lows: but not less often than four times a year’’. Services, acting through the Director of the ‘‘REPORTS’’; (f) INSTITUTE OF NURSING RESEARCH ADVI- National Institutes of Health, shall prepare SORY COUNCIL.—Section 464X(e) (42 U.S.C. and submit to the Committee on Labor and and 285q–2(e)) is amended by striking ‘‘, but at Human Resources of the Senate and the (B) by striking ‘‘shall prepare for inclusion least three times each fiscal year’’. Committee on Commerce of the House of in the biennial report made under section 403 (g) CENTER FOR RESEARCH RESOURCES ADVI- Representatives, a report containing specific a biennial’’ and inserting ‘‘may prepare a’’; SORY COUNCIL.—Section 480(e) (42 U.S.C. plans and timeframes on how the Director (18) in section 486(d)(5)(B) (42 U.S.C. 287a(e)) is amended by striking ‘‘, but at will implement the findings and rec- 287d(d)(5)(B)), by striking ‘‘for inclusion in least three times each fiscal year’’. ommendations of the report to Congress en- the report required in section 403’’; (h) APPLICATION OF FACA.—Part B of title titled ‘‘Support for Bioengineering Re- (19) in section 486B (42 U.S.C. 287d–2) by IV (42 U.S.C. 284 et seq.) is amended by add- search’’ (submitted in August of 1995 in ac- striking subsection (b) and inserting the fol- ing at the end thereof the following new sec- cordance with section 1912 of the National lowing new subsection: tion: Institutes of Health Revitalization Act of ‘‘(b) SUBMISSION.—The Director of the Of- ‘‘SEC. 409B. APPLICATION OF FEDERAL ADVISORY 1993 (42 U.S.C. 282 note)). fice shall submit each report prepared under COMMITTEE ACT. (h) CONFORMING AMENDMENTS.—Title IV is subsection (a) to the Director of NIH.’’; and ‘‘Notwithstanding any other provision of amended— (20) in section 492B(f) (42 U.S.C. 289a–2(f)), law, the provisions of the Federal Advisory (1) in section 404C(c) (42 U.S.C. 283e(c)), by by striking ‘‘for inclusion’’ and all that fol- Committee Act (5 U.S.C. App. 2) shall not striking ‘‘included’’ and all that follows lows through the period and inserting ‘‘and apply to a scientific or technical peer review through the period and inserting ‘‘made the Director of NIH.’’. group, established under this title.’’. available to the committee established under TITLE III—SPECIFIC INSTITUTES AND subsection (e) and included in the official SEC. 205. ELIMINATION OR MODIFICATION OF RE- CENTERS PORTS. minutes of the committee’’; (2) in section 404E(d)(3)(B) (42 U.S.C. Subtitle A—National Cancer Institute (a) PUBLIC HEALTH SERVICE ACT REPORTS.— SEC. 301. AUTHORIZATION OF APPROPRIATIONS. The following provisions of the Public 283g(d)(3)(B)), by striking ‘‘for inclusion in Section 417B (42 U.S.C. 286a–8) is amend- Health Service Act are repealed: the biennial report under section 403’’; ed— (1) Section 403 (42 U.S.C. 283) relating to (3) in section 406(g) (42 U.S.C. 284a(g))— (1) in subsection (a), by striking the biennial report of the Director of the Na- (A) by striking ‘‘for inclusion in the bien- ‘‘$2,728,000,000’’ and all that follows through tional Institutes of Health to Congress and nial report made under section 407’’ and in- the period and inserting ‘‘$3,000,000,000 for the President. serting ‘‘as it may determine appropriate’’; fiscal year 1997.’’; (2) Subsection (c) of section 439 (42 U.S.C. and (2) in subsection (b)— 285d-4(c)) relating to the annual report of the (B) by striking the second sentence; (A) in paragraph (1)— Arthritis and Musculoskeletal Diseases (4) in section 407 (42 U.S.C. 284b)— (i) in the first sentence of subparagraph Interagency Coordinating Committee and (A) in the section heading, to read as fol- (A), by striking ‘‘$225,000,000’’ and all that the annual report of the Skin Diseases Inter- lows: follows through the first period and inserting agency Coordinating Committee. ‘‘REPORTS’’; ‘‘such sums as may be necessary for fiscal (3) Subsection (j) of section 442 (42 U.S.C. and year 1997.’’; and 285d-7(j)) relating to the annual report of the (B) by striking ‘‘shall prepare for inclusion (ii) in the first sentence of subparagraph National Arthritis and Musculoskeletal and in the biennial report made under section 403 (B), by striking ‘‘$100,000,000’’ and all that Skin Diseases Advisory Board. a biennial’’ and inserting ‘‘may prepare a’’; follows through the first period and inserting (4) Subsection (b) of section 494A (42 U.S.C. (5) in section 416(b) (42 U.S.C. 285a–5(b)) by ‘‘such sums as may be necessary for fiscal 289c–1(b)) relating to the annual report of the striking ‘‘407’’ and inserting ‘‘402(f)(3)’’; year 1997.’’; and Secretary of Health and Human Services on (6) in section 417 (42 U.S.C. 285a–6), by (B) in the first sentence of paragraph (2), health services research relating to alcohol striking subsection (e); by striking ‘‘$75,000,000’’ and all that follows abuse and alcoholism, drug abuse, and men- (7) in section 423(b) (42 U.S.C. 285b–6(b)), by through the first period and inserting ‘‘such tal health. striking ‘‘407’’ and inserting ‘‘402(f)(3)’’; sums as may be necessary for fiscal year (5) Subsection (b) of section 503 (42 U.S.C. (8) by striking section 433 (42 U.S.C. 285c–7); 1997.’’; and 290aa–2(b)) relating to the triennial report of (9) in section 451(b) (42 U.S.C. 285g–3(b)), by (3) in the first sentence of subsection (c), the Secretary of Health and Human Services striking ‘‘407’’ and inserting ‘‘402(f)(3)’’; by striking ‘‘$72,000,000’’ and all that follows to Congress. (10) in section 452(d) (42 U.S.C. 285g–4(d))— through the first period and inserting ‘‘such (b) REPORT ON DISEASE PREVENTION.—Sec- (A) in paragraph (3)— sums as may be necessary for fiscal year tion 402(f)(3) (42 U.S.C. 282(f)(3)) is amended (i) in subparagraph (A), by striking ‘‘(A) 1997.’’. by striking ‘‘annually’’ and inserting ‘‘bien- Not’’ and inserting ‘‘Not’’; and nially’’. (ii) by striking subparagraph (B); and SEC. 302. DES STUDY. (c) REPORTS OF THE COORDINATING COMMIT- (B) in the last sentence of paragraph (4), by Section 403A(e) (42 U.S.C. 283a(e)) is amend- TEES ON DIGESTIVE DISEASES, DIABETES striking ‘‘contained’’ and all that follows ed by striking ‘‘1996’’ and inserting ‘‘1997’’. MELLITUS, AND KIDNEY, UROLOGIC AND HEM- through the period and inserting ‘‘transmit- Subtitle B—National Heart Lung and Blood ATOLOGIC DISEASES.—Section 429 (42 U.S.C. ted to the Director of NIH.’’; Institute 285c–3) is amended by striking subsection (c). (11) in section 464I(b) (42 U.S.C. 285n–1(b)), SEC. 311. AUTHORIZATION OF APPROPRIATIONS. (d) REPORT OF THE TASK FORCE ON AGING by striking ‘‘407’’ and inserting ‘‘402(f)(3)’’; Section 425 (42 U.S.C. 285b–8) is amended by RESEARCH.—Section 304 of the Home Health (12) in section 464M(b) (42 U.S.C. 285o–1)(b)), striking ‘‘$1,500,000,000’’ and all that follows Care and Alzheimer’s Disease Amendments by striking ‘‘407’’ and inserting ‘‘402(f)(3)’’; through the period and inserting of 1990 (42 U.S.C. 242q–3) is repealed. (13) in section 464S(b) (42 U.S.C. 285p–1(b)), ‘‘$1,600,000,000 for fiscal year 1997.’’. (e) SUDDEN INFANT DEATH SYNDROME RE- by striking ‘‘407’’ and inserting ‘‘402(f)(3)’’; SEARCH.—Section 1122 (42 U.S.C. 300c–12) is (14) in section 464X(g) (42 U.S.C. 285q–2(g)) Subtitle C—National Institute of Allergy and amended— is amended— Infectious Diseases (1) in subsection (a)— (A) by striking ‘‘for inclusion in the bien- SEC. 321. TERRY BEIRN COMMUNITY-BASED AIDS (A) by striking the subsection designation nial report made under section 464Y’’ and in- RESEARCH INITIATIVE. and heading; and serting ‘‘as it may determine appropriate’’; Section 2313(e) (42 U.S.C. 300cc–13(e)) is (B) by striking ‘‘of the type’’ and all that and amended— follows through ‘‘adequate,’’ and insert ‘‘, (B) by striking the second sentence; (1) in paragraph (1), by striking ‘‘1996’’ and such amounts each year as will be adequate (15) in section 464Y (42 U.S.C. 285q–3)— inserting ‘‘1997’’; and for research which relates generally to sud- (A) in the section heading, to read as fol- (2) in paragraph (2), by striking ‘‘1996’’ and den infant death syndrome, including high- lows: inserting ‘‘1997’’. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11767

Subtitle D—National Institute of Child such term does not include the construction ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— Health and Human Development or cost of construction of so much of any fa- There are authorized to be appropriated to SEC. 331. RESEARCH CENTERS FOR CONTRACEP- cility as is used or is to be used for sectarian make grants under paragraph (1), such sums TION AND INFERTILITY. instruction or as a place for religious wor- as may be necessary for fiscal year 1997. Section 452A(g) (42 U.S.C. 285g–5(g)) is ship.’’. ‘‘(b) INNOVATIVE MEDICAL SCIENCE amended by striking ‘‘$30,000,000’’ and all Subtitle H—National Institute of Mental AWARD.— that follows through the period and inserting Health ‘‘(1) IN GENERAL.—The Director of the Na- ‘‘such sums as may be necessary for fiscal SEC. 371. AUTHORIZATION OF APPROPRIATIONS. tional Center for Research Resources shall year 1997.’’. Section 464R(f)(1) (42 U.S.C. 285p(f)(1)) is make grants (to be referred to as ‘innovative Subtitle E—National Institute on Aging amended by striking ‘‘$675,000,000’’ and all medical science awards’) to support individ- SEC. 341. AUTHORIZATION OF APPROPRIATIONS. that follows through the period and inserting ual clinical research projects. Section 445I (42 U.S.C. 285e–11) is amended ‘‘$750,000,000 for fiscal year 1997.’’. ‘‘(2) APPLICATIONS.—An application for a by striking ‘‘$500,000,000’’ and all that follows grant under this subsection shall be submit- Subtitle I—National Center for Research ted by an individual scientist at such time as through the period and inserting ‘‘$550,000,000 Resources for fiscal year 1997.’’. the Director requires. SEC. 381. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) LIMITATIONS.—The amount of a grant Subtitle F—National Institute on Alcohol (a) GENERAL AUTHORIZATION.—Section under this subsection shall not exceed Abuse and Alcoholism 481A(h) (42 U.S.C. 287a–2(h)) is amended by $100,000 per year per grant. SEC. 351. AUTHORIZATION OF APPROPRIATIONS. striking ‘‘$150,000,000’’ and all that follows ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— Section 464H(d)(1) (42 U.S.C. 285n(d)(1)) is through the period and inserting ‘‘such sums There are authorized to be appropriated to amended by striking ‘‘300,000,000’’ and all as may be necessary for fiscal year 1997.’’. make grants under paragraph (1), such sums that follows through the period and inserting (b) RESERVATION FOR CONSTRUCTION OF RE- as may be necessary for fiscal year 1997. ‘‘$330,000,000 for fiscal year 1997.’’. GIONAL CENTERS.—Section 481B(a) (42 U.S.C. ‘‘(c) PEER REVIEW.—The Director of NIH, in SEC. 352. NATIONAL ALCOHOL RESEARCH CEN- 287a–3(a)) is amended— cooperation with the Director of the Na- TER. (1) by striking ‘‘shall’’ and inserting tional Center for Research Resources, shall Section 464J(b) (42 U.S.C. 285n–2(b)) is ‘‘may’’; establish peer review mechanisms to evalu- amended— (2) by striking ‘‘through 1996’’ and insert- ate applications for clinical research fellow- (1) by striking ‘‘(b) The’’ and inserting ing ‘‘through 1997’’; and ships, clinical research career enhancement ‘‘(b)(1) The’’; (3) by striking ‘‘$5,000,000’’ and inserting awards, and innovative medical science (2) by striking the third sentence; and ‘‘such sums as may be necessary for each award programs. Such review mechanisms (3) by adding at the end thereof the follow- such fiscal year’’. shall include individuals who are exception- ing new paragraph: SEC. 382. GENERAL CLINICAL RESEARCH CEN- ‘‘(2) As used in paragraph (1), the terms ally qualified to appraise the merits of po- TERS. tential clinical research trainees.’’. ‘construction’ and ‘cost of construction’ in- Part B of title IV (42 U.S.C. 284 et seq.), as clude— amended by section 205(h), is further amend- SEC. 384. WAIVER OF LIMITATIONS. ‘‘(A) the construction of new buildings, the ed by adding at the end thereof the following Section 481A (42 U.S.C. 287a–2) is amend- expansion of existing buildings, and the ac- new section: ed— quisition, remodeling, replacement, renova- ‘‘SEC. 409C. GENERAL CLINICAL RESEARCH CEN- (1) in subsection (b)(3)(A), by striking ‘‘9’’ tion, major repair (to the extent permitted TERS. and inserting ‘‘12’’; by regulations), or alteration of existing ‘‘(a) GRANTS.—The Director of the National (2) in subsection (e)— buildings, including architects’ fees, but not Center for Research Resources shall award (A) in paragraph (1)— including the cost of the acquisition of land grants for the establishment of general clini- (i) in subparagraph (A), by striking ‘‘50’’ or offsite improvements; and cal research centers to provide the infra- and inserting ‘‘40’’; and ‘‘(B) the initial equipping of new buildings structure for clinical research including clin- (ii) in subparagraph (B), by striking ‘‘40’’ and of the expanded, remodeled, repaired, ical research training and career enhance- and inserting ‘‘30’’; and renovated, or altered part of existing build- ment. Such centers shall support clinical (B) in paragraph (4), by striking ‘‘for appli- ings; except that studies and career development in all set- cants meeting the conditions described in such term shall not include the construction tings of the hospital or academic medical paragraphs (1) and (2) of subsection (c)’’; and or cost of construction of so much of any fa- center involved. (3) in subsection (h), by striking cility as is used or is to be used for sectarian ‘‘(b) ACTIVITIES.—In carrying out sub- $150,000,000’’ and all that follows through instruction or as a place for religious wor- section (a), the Director of NIH shall expand ‘‘1996’’ and inserting ‘‘such sums as may be ship.’’. the activities of the general clinical research necessary for fiscal year 1997’’. Subtitle G—National Institute on Drug Abuse centers through the increased use of tele- Subtitle J—National Library of Medicine SEC. 361. AUTHORIZATION OF APPROPRIATIONS. communications and telemedicine initia- SEC. 391. AUTHORIZATION OF APPROPRIATIONS. Section 464L(d)(1) (42 U.S.C. 285o(d)(1)) is tives. amended by striking ‘‘$440,000,000’’ and all ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Section 468(a) (42 U.S.C. 286a–2(a)) is that follows through the period and inserting There are authorized to be appropriated to amended by striking ‘‘$150,000,000’’ and all ‘‘$500,000,000 for fiscal year 1997.’’. make grants under subsection (a), such sums that follows through the period and inserting ‘‘$160,000,000 for fiscal year 1997.’’. SEC. 362. MEDICATION DEVELOPMENT PROGRAM. as may be necessary for each of the fiscal Section 464P(e) (42 U.S.C. 285o–4(e)) is years 1996 and 1997.’’. SEC. 392. INCREASING THE CAP ON GRANT amended by striking ‘‘$85,000,000’’ and all SEC. 383. ENHANCEMENT AWARDS. AMOUNTS. that follows through the period and inserting Part B of title IV (42 U.S.C. 284 et seq.), as Section 474(b)(2) (42 U.S.C. 286b–5(b)(2)) is ‘‘such sums as may be necessary for fiscal amended by sections 205(h) and 382, is further amended by striking ‘‘$1,000,000’’ and insert- year 1997’’. amended by adding at the end thereof the ing ‘‘$1,250,000’’. following new section: SEC. 363. DRUG ABUSE RESEARCH CENTERS. TITLE IV—AWARDS AND TRAINING Section 464N(b) (42 U.S.C. 285o–2(b)) is ‘‘SEC. 409D. ENHANCEMENT AWARDS. amended— ‘‘(a) CLINICAL RESEARCH CAREER ENHANCE- SEC. 401. MEDICAL SCIENTIST TRAINING PRO- (1) by striking ‘‘(b) The’’ and inserting MENT AWARD.— GRAM. ‘‘(b)(1) The’’; ‘‘(1) IN GENERAL.—The Director of the Na- (a) EXPANSION OF PROGRAM.—Notwith- (2) by striking the last sentence; and tional Center for Research Resources shall standing any other provision of law, the Sec- (3) by adding at the end thereof the follow- make grants (to be referred to as ‘clinical re- retary of Health and Human Services, acting ing new paragraph: search career enhancement awards’) to sup- through the Director of the National Insti- ‘‘(2) As used in paragraph (1), the terms port individual careers in clinical research. tutes of Health, shall expand the Medical ‘construction’ and ‘cost of construction’ in- ‘‘(2) APPLICATIONS.—An application for a Scientist Training Program to include fields clude— grant under this subsection shall be submit- that will contribute to training clinical in- ‘‘(A) the construction of new buildings, the ted by an individual scientist at such time as vestigators in the skills of performing pa- expansion of existing buildings, and the ac- the Director may require. tient-oriented clinical research. quisition, remodeling, replacement, renova- ‘‘(3) LIMITATIONS.—The amount of a grant (b) DESIGNATION OF SLOTS.—In carrying out tion, major repair (to the extent permitted under this subsection shall not exceed subsection (a), the Director of the National by regulations), or alteration of existing $130,000 per year per grant. Grants shall be Institutes of Health shall designate a specific buildings, including architects’ fees, but not for terms of 5 years. The Director shall percentage of positions under the Medical including the cost of the acquisition of land award not more than 20 grants in the first Scientist Training Program for use with re- or offsite improvements; and fiscal year in which grants are awarded spect to the pursuit of a Ph.D. degree in the ‘‘(B) the initial equipping of new buildings under this subsection. The total number of disciplines of economics, epidemiology, pub- and of the expanded, remodeled, repaired, grants awarded under this subsection for the lic health, bioengineering, biostatistics and renovated, or altered part of existing build- first and second fiscal years in which grants bioethics, and other fields determined appro- ings; except that such are awarded shall not exceed 40 grants. priate by the Director. S11768 CONGRESSIONAL RECORD — SENATE September 28, 1996

SEC. 402. RAISE IN MAXIMUM LEVEL OF LOAN RE- ‘‘(2) DISADVANTAGED BACKGROUNDS SET- ‘‘(c) ADVISORY COUNCIL.—The Secretary PAYMENTS. ASIDE.—In carrying out this section, the Sec- shall establish an advisory council for the (a) REPAYMENT PROGRAMS WITH RESPECT retary shall ensure that not less than 50 per- purpose of providing advice to the director of TO AIDS.—Section 487A (42 U.S.C. 288–1) is cent of the amounts appropriated for a fiscal the Office concerning carrying out the stra- amended— year are used for contracts involving those tegic research plan and other duties under (1) in subsection (a), by striking ‘‘$20,000’’ appropriately qualified health professionals this section. Section 222 shall apply to such and inserting ‘‘$35,000’’; and who are from disadvantaged backgrounds.’’; council to the same extent and in the same (2) in subsection (c), by striking ‘‘1996’’ and and manner as such section applies to commit- inserting ‘‘1997’’. (4) by adding at the end thereof the follow- tees or councils established under such sec- (b) REPAYMENT PROGRAMS WITH RESPECT ing new subsections: tion. TO CONTRACEPTION AND INFERTILITY.—Section ‘‘(c) CLINICAL RESEARCH TRAINING POSI- ‘‘(d) DUTIES.—In carrying out subsection 487B(a) (42 U.S.C. 288–2(a)) is amended by TION.—A position shall be considered a clini- (b), the director of the Office shall— striking ‘‘$20,000’’ and inserting ‘‘$35,000’’. cal research training position under sub- ‘‘(1) develop a comprehensive plan for the (c) REPAYMENT PROGRAMS WITH RESPECT TO section (a)(1) if such position involves an in- conduct and support of research on rare dis- RESEARCH GENERALLY.—Section 487C(a)(1) (42 dividual serving in a general clinical re- eases; U.S.C. 288–3(a)(1)) is amended by striking search center or other organizations and in- ‘‘(2) coordinate and disseminate informa- ‘‘$20,000’’ and inserting ‘‘$35,000’’. stitutions determined to be appropriate by tion among the institutes and the public on (d) REPAYMENT PROGRAMS WITH RESPECT the Director of NIH, or a physician receiving rare diseases; TO CLINICAL RESEARCHERS FROM DISADVAN- a clinical research career enhancement ‘‘(3) support research training and encour- TAGED BACKGROUNDS.—Section 487E(a) (42 award or NIH intramural research fellow- age the participation of a diversity of indi- U.S.C. 288–5(a)) is amended— ship. viduals in the conduct of rare disease re- (1) in paragraph (1), by striking ‘‘$20,000’’ ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— search; and inserting ‘‘$35,000’’; and There are authorized to be appropriated to ‘‘(4) identify projects or research on rare (2) in paragraph (3), by striking ‘‘338C’’ and carry out this section such sums as may be diseases that should be conducted or sup- inserting ‘‘338B, 338C’’. necessary for each fiscal year.’’. ported by the National Institutes of Health; SEC. 403. GENERAL LOAN REPAYMENT PROGRAM. TITLE V—RESEARCH WITH RESPECT TO ‘‘(5) develop and maintain a central Part G of title IV (42 U.S.C. 288 et seq.) is AIDS database on current government sponsored amended by inserting after section 487E, the SEC. 501. COMPREHENSIVE PLAN FOR EXPENDI- clinical research projects for rare diseases; following new section: TURE OF AIDS APPROPRIATIONS. ‘‘(6) determine the need for registries of re- ‘‘SEC. 487F. GENERAL LOAN REPAYMENT PRO- Section 2353(d)(1) (42 U.S.C. 300cc–40b(d)(1)) search subjects and epidemiological studies GRAM. is amended by striking ‘‘through 1996’’ and of rare disease populations; and ‘‘(a) ESTABLISHMENT.— inserting ‘‘through 1997’’. ‘‘(7) prepare biennial reports on the activi- ‘‘(1) IN GENERAL.—The Secretary, acting SEC. 502. EMERGENCY AIDS DISCRETIONARY ties carried out or to be carried out by the through the Director of NIH, shall carry out FUND. Office and submit such reports to the Sec- a program of entering into agreements with Section 2356(g)(1) (42 U.S.C. 300cc–43(g)(1)) retary and the Congress.’’. appropriately qualified health professionals is amended by striking ‘‘$100,000,000’’ and all Subtitle C—Certain Reauthorizations under which such health professionals agree that follows through the period and inserting to conduct research with respect to the areas ‘‘such sums as may be necessary for fiscal SEC. 621. NATIONAL RESEARCH SERVICE AWARDS. identified under paragraph (2) in consider- year 1997.’’. ation of the Federal Government agreeing to Section 487(d) (42 U.S.C. 288(d)) is amended TITLE VI—GENERAL PROVISIONS repay, for each year of such service, not by striking ‘‘$400,000,000’’ and all that follows more than $35,000 of the principal and inter- Subtitle A—Authority of the Director of NIH through the first period and inserting ‘‘such est of the educational loans of such health SEC. 601. AUTHORITY OF THE DIRECTOR OF NIH. sums as may be necessary for fiscal year professionals. Section 402(b) (42 U.S.C. 282(b)) is amend- 1997.’’. ‘‘(2) RESEARCH AREAS.—In carrying out the ed— SEC. 622. NATIONAL FOUNDATION FOR BIO- program under paragraph (1), the Director of (1) in paragraph (11), by striking ‘‘and’’ at MEDICAL RESEARCH. NIH shall annually identify areas of research the end thereof; Section 499(m)(1) (42 U.S.C. 290b(m)(1)) is for which loan repayments made be awarded (2) in paragraph (12), by striking the period amended by striking ‘‘an aggregate’’ and all under paragraph (1). and inserting a semicolon; and that follows through the period and inserting ‘‘(3) TERM OF AGREEMENT.—A loan repay- (3) by adding after paragraph (12), the fol- ‘‘such sums as may be necessary for fiscal ment agreement under paragraph (1) shall be lowing new paragraphs: year 1997.’’. for a minimum of two years. ‘‘(13) may conduct and support research Subtitle D—Miscellaneous Provisions ‘‘(b) APPLICABILITY OF CERTAIN PROVI- training— SEC. 631. ESTABLISHMENT OF NATIONAL FUND SIONS.—With respect to the National Health ‘‘(A) for which fellowship support is not FOR HEALTH RESEARCH. Service Corps Loan Repayment Program es- provided under section 487; and Part A of title IV (42 U.S.C. 281 et seq.), as tablished in subpart III of part D of title III, ‘‘(B) which does not consist of residency amended by section 611, is further amended the provisions of such subpart shall, except training of physicians or other health profes- by adding at the end thereof the following as inconsistent with subsection (a) of this sionals; and new section: section, apply to the program established in ‘‘(14) may appoint physicians, dentists, and ‘‘SEC. 404G. ESTABLISHMENT OF NATIONAL FUND such subsection (a) in the same manner and other health care professionals, subject to FOR HEALTH RESEARCH. to the same extent as such provisions apply the provisions of title 5, United States Code, ‘‘(a) ESTABLISHMENT.—There is established to the National Health Service Corps Loan relating to appointments and classifications in the Treasury of the United States a fund, Repayment Program established in such sub- in the competitive service, and may com- to be known as the ‘National Fund for part. pensate such professionals subject to the Health Research’ (hereafter in this section ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— provisions of chapter 74 of title 38, United referred to as the ‘Fund’), consisting of such For the purpose of carrying out this section, States Code.’’. amounts as are transferred to the Fund and there are authorized to be appropriated such Subtitle B—Office of Rare Disease Research any interest earned on investment of sums as may be necessary for fiscal year SEC. 611. ESTABLISHMENT OF OFFICE FOR RARE amounts in the Fund. 1997.’’. DISEASE RESEARCH. ‘‘(b) OBLIGATIONS FROM FUND.— SEC. 404. CLINICAL RESEARCH ASSISTANCE. Part A of title IV of the Public Health ‘‘(1) IN GENERAL.—Subject to the provisions (a) NATIONAL RESEARCH SERVICE AWARDS.— Service Act (42 U.S.C. 281 et seq.) is amended of paragraph (2), with respect to the amounts Section 487(a)(1)(C) (42 U.S.C. 288(a)(1)(C)) is by adding at the end thereof the following made available in the Fund in a fiscal year, amended— new section: the Secretary shall distribute all of such (1) by striking ‘‘50 such’’ and inserting ‘‘100 ‘‘SEC. 404F. OFFICE FOR RARE DISEASE RE- amounts during any fiscal year to research such’’; and SEARCH. institutes and centers of the National Insti- (2) by striking ‘‘1996’’ and inserting ‘‘1997’’. ‘‘(a) ESTABLISHMENT.—There is established tutes of Health in the same proportion to the (b) LOAN REPAYMENT PROGRAM.—Section within the Office of the Director of the Na- total amount received under this section, as 487E (42 U.S.C. 288–5) is amended— tional Institutes of Health an office to be the amount of annual appropriations under (1) in the section heading, by striking known as the Office for Rare Disease Re- appropriations Acts for each member insti- ‘‘FROM DISADVANTAGED BACKGROUNDS’’; search (in this section referred to as the ‘Of- tute and centers for the fiscal year bears to (2) in subsection (a)(1), by striking ‘‘who fice’). The Office shall be headed by a direc- the total amount of appropriations under ap- are from disadvantaged backgrounds’’; tor, who shall be appointed by the Director propriations Acts for all research institutes (3) in subsection (b)— of the National Institutes of Health. and centers of the National Institutes of (A) by striking ‘‘Amounts’’ and inserting ‘‘(b) PURPOSE.—The purpose of the Office is Health for the fiscal year. the following: to promote and coordinate the conduct of re- ‘‘(2) TRIGGER AND RELEASE OF MONIES.—No ‘‘(1) IN GENERAL.—Amounts’’; and search on rare diseases through a strategic expenditure shall be made under paragraph (B) by adding at the end thereof the follow- research plan and to establish and manage a (1) during any fiscal year in which the an- ing new paragraph: rare disease research clinical database. nual amount appropriated for the National September 28, 1996 CONGRESSIONAL RECORD — SENATE S11769

Institutes of Health is less than the amount (1) Diabetes is a serious health problem in ‘‘(1) IN GENERAL.—The Director of NIH so appropriated for the prior fiscal year.’’. America. shall award Core Center Grants to encourage SEC. 632. DEFINITION OF CLINICAL RESEARCH. (2) More than 16,000,000 Americans suffer the development of innovative multidisci- Part A of title IV (42 U.S.C. 281 et seq.) as from diabetes. plinary research and provide training con- amended by sections 611 and 631, is further (3) Diabetes is the fourth leading cause of cerning Parkinson’s. The Director shall amended by adding at the end thereof the death in America, taking the lives of more award not more than 10 Core Center Grants following new section: than 169,000 people annually. and designate each center funded under such ‘‘SEC. 404H. DEFINITION OF CLINICAL RESEARCH. (4) Diabetes disproportionately affects mi- grants as a Morris K. Udall Center for Re- ‘‘As used in this title, the term ‘clinical re- nority populations, especially African-Amer- search on Parkinson’s Disease. search’ means patient oriented clinical re- icans, Hispanics, and Native Americans. ‘‘(2) REQUIREMENTS.— search conducted with human subjects, or re- (5) Diabetes is the leading cause of new ‘‘(A) IN GENERAL.—With respect to Parkin- search on the causes and consequences of dis- blindness in adults over age 30. son’s, each center assisted under this sub- ease in human populations, or on material of (6) Diabetes is the leading cause of kidney section shall— human origin (such as tissue specimens and failure requiring dialysis or transplantation, ‘‘(i) use the facilities of a single institution cognitive phenomena) for which an inves- affecting more than 56,000 Americans each or a consortium of cooperating institutions, tigator or colleague directly interacts with year. and meet such qualifications as may be pre- human subjects in an outpatient or inpatient (7) Diabetes is the leading cause of non- scribed by the Director of the NIH; and setting to clarify a problem in human physi- traumatic amputations, affecting 54,000 ‘‘(ii) conduct basic and clinical research. Americans each year. ology, pathophysiology, or disease, epi- ‘‘(B) DISCRETIONARY REQUIREMENTS.—With (8) The cost of treating diabetes and its demiologic or behavioral studies, outcomes respect to Parkinson’s, each center assisted complications are staggering for our Nation. research, or health services research.’’. under this subsection may— (9) Diabetes accounted for health expendi- SEC. 633. ESTABLISHMENT OF A PEDIATRIC RE- ‘‘(i) conduct training programs for sci- tures of $105,000,000,000 in 1992. SEARCH INITIATIVE. entists and health professionals; Part A of title IV (42 U.S.C. 281 et seq.), as (10) Diabetes accounts for over 14 percent of our Nation’s health care costs. ‘‘(ii) conduct programs to provide informa- amended by sections 611, 631, and 632, is fur- tion and continuing education to health pro- ther amended by adding at the end the fol- (11) Federal funds invested in diabetes re- search over the last two decades has led to fessionals; lowing new section: ‘‘(iii) conduct programs for the dissemina- ‘‘SEC. 404I. PEDIATRIC RESEARCH INITIATIVE significant advances and, according to lead- ing scientists and endocrinologists, has tion of information to the public; ‘‘(a) ESTABLISHMENT.—The Secretary shall ‘‘(iv) separately or in collaboration with establish within the Office of the Director of brought the United States to the threshold of revolutionary discoveries which hold the other centers, establish a nationwide data NIH a Pediatric Research Initiative (here- system derived from patient populations after in this section referred to as the ‘Ini- potential to dramatically reduce the eco- nomic and social burden of this disease. with Parkinson’s, and where possible, com- tiative’). The Initiative shall be headed by paring relevant data involving general popu- the Director of NIH. (12) The National Institute of Diabetes and lations; ‘‘(b) PURPOSE.—The purpose of the Initia- Digestive and Kidney Diseases supports, in ‘‘(v) separately or in collaboration with tive is to provide funds to enable the Direc- addition to many other areas of research, ge- other centers, establish a Parkinson’s Dis- tor of NIH to encourage— netic research, islet cell transplantation re- ‘‘(1) increased support for pediatric bio- search, and prevention and treatment clini- ease Information Clearinghouse to facilitate medical research within the National Insti- cal trials focusing on diabetes. Other re- and enhance knowledge and understanding of tutes of Health to ensure that the expanding search institutes within the National Insti- Parkinson’s disease; and opportunities for advancement in scientific tutes of Health conduct diabetes-related re- ‘‘(vi) separately or in collaboration with investigations and care for children are real- search focusing on its numerous complica- other centers, establish a national education ized; tions, such as heart disease, eye and kidney program that fosters a national focus on ‘‘(2) enhanced collaborative efforts among problems, amputations, and diabetic neurop- Parkinson’s and the care of those with Par- the Institutes to support multidisciplinary athy. kinson’s. research in the areas that the Director (b) INCREASED FUNDING REGARDING DIABE- ‘‘(3) STIPENDS REGARDING TRAINING PRO- deems most promising; TES.—With respect to the conduct and sup- GRAMS.—A center may use funds provided ‘‘(3) increased support for pediatric out- port of diabetes-related research by the Na- under paragraph (1) to provide stipends for comes and medical effectiveness research to tional Institutes of Health, there are author- scientists and health professionals enrolled demonstrate how to improve the quality of ized to be appropriated for such purpose— in training programs under paragraph (2)(B). children’s health care while reducing cost; (1) for each of the fiscal years 1997 through ‘‘(4) DURATION OF SUPPORT.—Support of a ‘‘(4) the development of adequate pediatric 1999, an amount equal to the amount appro- center under this subsection may be for a pe- clinical trials and pediatric use information priated for such purpose for fiscal year 1996; riod not exceeding five years. Such period to promote the safer and more effective use and may be extended by the Director of NIH for of prescription drugs in the pediatric popu- (2) for the 3-fiscal year period beginning one or more additional periods of not more lation; and with fiscal year 1997, an additional amount than five years if the operations of such cen- ‘‘(5) recognition of the special attention equal to 25 percent of the amount appro- ter have been reviewed by an appropriate pediatric research deserves. priated for such purpose for fiscal year 1996. technical and scientific peer review group es- ‘‘(c) DUTIES.—In carrying out subsection SEC. 635. PARKINSON’S RESEARCH. tablished by the Director and if such group (b), the Director of NIH shall— Part B of title IV (42 U.S.C. 284 et seq.), as has recommended to the Director that such ‘‘(1) consult with the Institutes and other amended by sections 204, 382 and 383, is fur- period should be extended. advisors as the Director determines appro- ther amended by adding at the end the fol- ‘‘(d) MORRIS K. UDALL AWARDS FOR INNOVA- priate when considering the role of the Insti- lowing section: TION IN PARKINSON’S DISEASE RESEARCH.— tute for Child Health and Human Develop- ‘‘PARKINSON’S DISEASE The Director of NIH shall establish a grant ment; ‘‘SEC. 409E. (a) IN GENERAL.—The Director ‘‘(2) have broad discretion in the allocation of NIH shall establish a program for the con- program to support innovative proposals of any Initiative assistance among the Insti- duct and support of research and training leading to significant breakthroughs in Par- tutes, among types of grants, and between with respect to Parkinson’s disease. kinson’s research. Grants under this sub- basic and clinical research so long as the— ‘‘(b) INTER-INSTITUTE COORDINATION.— section shall be available to support out- ‘‘(A) assistance is directly related to the ‘‘(1) IN GENERAL.—The Director of NIH standing neuroscientists and clinicians who illnesses and diseases of children; and shall provide for the coordination of the pro- bring innovative ideas to bear on the under- ‘‘(B) assistance is extramural in nature; gram established under subsection (a) among standing of the pathogenesis, diagnosis and and all of the national research institutes con- treatment of Parkinson’s disease. ‘‘(3) be responsible for the oversight of any ducting Parkinson’s research. newly appropriated Initiative funds and be ‘‘(2) CONFERENCE.—Coordination under ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— accountable with respect to such funds to paragraph (1) shall include the convening of For the purpose of carrying out this section, Congress and to the public. a research planning conference not less fre- there are authorized to be appropriated ‘‘(d) AUTHORIZATION.—There is authorized quently than once every 2 years. Each such $80,000,000 for fiscal year 1997.’’. to be appropriated to carry out this section, conference shall prepare and submit to the $50,000,000 for fiscal years 1997 through 1999. Committee on Appropriations and the Com- SEC. 636. PAIN RESEARCH CONSORTIUM. ‘‘(e) TRANSFER OF FUNDS.—The Director of mittee on Labor and Human Resources of the (a) SHORT TITLE.—This section may be NIH may transfer amounts appropriated to Senate and the Committee on Appropria- cited as the ‘‘Pain Research Consortium Act any of the Institutes for a fiscal year to the tions and the Committee on Commerce of of 1996’’. Initiative to carry out this section.’’. the House of Representatives a report con- SEC. 634. DIABETES RESEARCH. cerning the conference. (b) OPERATION.—Part E of title IV (42 (a) FINDINGS.—The Congress finds as fol- ‘‘(c) MORRIS K. UDALL RESEARCH CEN- U.S.C. 287 et seq.) is amended by adding at lows: TERS.— the end thereof the following new subpart: S11770 CONGRESSIONAL RECORD — SENATE September 28, 1996

‘‘Subpart 5—Pain Research Consortium Nursing Research’’ and inserting ‘‘National (g) BIOMEDICAL AND BEHAVIORAL RESEARCH ‘‘SEC. 485E. ESTABLISHMENT AND PURPOSE OF Institute of Nursing Research’’. PERSONNEL STUDY.—Section 489 (42 U.S.C. THE CONSORTIUM. (2) Section 408(a)(2) (42 U.S.C. 284c(a)(2)) is 288b) is amended— ‘‘(a) ESTABLISHMENT.—The Director of NIH amended by striking ‘‘National Center for (1) by striking subsection (b); and shall, subject to the availability of appro- Nursing Research’’ and inserting ‘‘National (2) by redesignating subsection (c) as sub- priations, and acting in cooperation with ap- Institute of Nursing Research’’. section (b). propriate Institutes and with leading experts (c) RENAMING OF CHIEF MEDICAL DIRECTOR (h) NATIONAL COMMISSION ON ALCOHOLISM in pain research and treatment, establish FOR VETERANS AFFAIRS.— AND OTHER ALCOHOL-RELATED PROBLEMS.— within the National Institutes of Health, a (1) Section 406 (42 U.S.C. 284a) is amended— Section 18 of the Comprehensive Alcohol Pain Research Consortium (hereafter re- (A) in subsection (b)(2)(A), by striking Abuse and Alcoholism Prevention, Treat- ferred to in this subpart as the ‘Consor- ‘‘Chief Medical Director of the Department ment, and Rehabilitation Act Amendments tium’). of Veterans Affairs or the Chief Dental Di- of 1979 (42 U.S.C. 4541 note) is repealed. ‘‘(b) PURPOSE.—It is the purpose of the rector of the Department of Veterans Af- (i) ADVISORY COUNCIL ON HAZARDOUS SUB- Pain Research Consortium to— fairs’’ and inserting ‘‘Under Secretary for STANCES RESEARCH AND TRAINING.—Section ‘‘(1) provide a structure for coordinating Health of the Department of Veterans Af- 311(a) of the Comprehensive Environmental pain research activities; fairs’’; and Response, Compensation and Liability Act of ‘‘(2) facilitate communications among Fed- (B) in subsection (h)(2)(A)(v) by striking 1980 (42 U.S.C. 9660(a)) is amended— eral and State governmental agencies and ‘‘Chief Medical Director of the Department (1) by striking paragraph (5); and private sector organization (including extra- of Veterans Affairs,’’ and inserting ‘‘Under (2) in the last sentence of paragraph (6), by mural grantees) concerned with pain; Secretary for Health of the Department of striking ‘‘the relevant Federal agencies re- ‘‘(3) share information concerning research Veterans Affairs’’. ferred to in subparagraph (A) of paragraph and related activities being conducted in the (2) Section 424(c)(3)(B)(x) (42 U.S.C. 285b– (5)’’ and inserting ‘‘relevant Federal agen- area of pain; 7(c)(3)(B)(x)) is amended by striking ‘‘Chief cies’’. ‘‘(4) encourage the recruitment and reten- Medical Director of the Veterans’ Adminis- tion of individuals desiring to conduct pain The PRESIDING OFFICER. The Sen- tration’’ and inserting ‘‘Under Secretary for ator from Oklahoma, the acting leader. research; Health of the Department of Veterans Af- ‘‘(5) develop collaborative pain research ef- fairs’’. f forts; (3) Section 429(b) (42 U.S.C. 285c–3(b)) is SETTING THE TIME FOR ‘‘(6) avoid unnecessary duplication of pain amended by striking ‘‘Chief Medical Director research efforts; and of the Veterans’ Administration’’ and insert- COUNTING ELECTORAL VOTES ‘‘(7) achieve a more efficient use of Federal ing ‘‘Under Secretary for Health of the De- Mr. NICKLES. Mr. President, I send and private sector research funds. partment of Veterans Affairs’’. to the desk a bill and ask for its imme- ‘‘(c) COMPOSITION.—The Consortium shall (4) Section 430(b)(2)(A)(i) (42 U.S.C. 285c– be composed of representatives of— diate consideration. 4(b)(2)(A)(i)) is amended by striking ‘‘Chief ‘‘(1) the National Institute of Neurological The PRESIDING OFFICER. The Medical Director of the Department of Vet- Disorders and Stroke; erans Affairs’’ and inserting ‘‘Under Sec- clerk will report. ‘‘(2) the National Institute of Drug Abuse; retary for Health of the Department of Vet- The legislative clerk read as follows: ‘‘(3) the National Institute of General Med- erans Affairs’’. A bill (S. 2158) to set the time for counting ical Sciences; (5) Section 439(b) (42 U.S.C. 285d–4(b)) is electoral votes. ‘‘(4) the National Institute of Dental Re- amended by striking ‘‘Chief Medical Director search; Mr. NICKLES. Mr. President, I ask of the Department of Veterans Affairs’’ and ‘‘(5) the National Health, Lung, and Blood unanimous consent the bill be deemed inserting ‘‘Under Secretary for Health of the Institute; Department of Veterans Affairs’’. read a third time and passed, the mo- ‘‘(6) the National Cancer Institute; (6) Section 452(f)(3)(B)(xi) (42 U.S.C. 285g– tion to reconsider be laid upon the ‘‘(7) the National Institute of Mental 4(f)(3)(B)(xi)) is amended by striking ‘‘Chief table, and any statements relating to Health; Medical Director of the Department of Vet- the bill be printed at the appropriate ‘‘(8) the National Institute of Nursing Re- erans Affairs’’ and inserting ‘‘Under Sec- place in the RECORD. search; retary for Health of the Department of Vet- ‘‘(9) the National Center for Research Re- The PRESIDING OFFICER. Without erans Affairs’’. sources; objection, it is so ordered. (7) Section 466(a)(1)(B) (42 U.S.C. ‘‘(10) the National Institute of Child Health The bill (S. 2158) was deemed read for 286a(a)(1)(B)) is amended by striking ‘‘Chief and Human Development; Medical Director of the Department of Vet- a third time and passed, as follows: ‘‘(11) the National Institute of Arthritis erans Affairs’’ and inserting ‘‘Under Sec- S. 2158 and Musculoskeletal and Skin Diseases; retary for Health of the Department of Vet- Be it enacted by the Senate and House of Rep- ‘‘(12) the National Institute on Aging; erans Affairs’’. resentatives of the United States of America in ‘‘(13) pain management practitioners, (8) Section 480(b)(2)(A) (42 U.S.C. Congress assembled, which may include physicians, psychologists, 287a(b)(2)(A)) is amended by striking ‘‘Chief In carrying out the procedure set forth in physical medicine and rehabilitation service Medical Director of the Department of Vet- section 15 of title 3, United States Code, for representatives (including physical thera- erans Affairs’’ and inserting ‘‘Under Sec- 1997, ‘‘the 9th day of January’’ shall be sub- pists and occupational therapists), nurses, retary for Health of the Department of Vet- stituted for ‘‘the sixth day of January’’ in dentists, and chiropractors; and erans Affairs’’. the first sentence of such section. ‘‘(14) patient advocacy groups. (b) ADVISORY COUNCILS.—Section 406(h) (42 ‘‘(d) ACTIVITIES.—The Consortium shall co- f ordinate and support research, training, U.S.C. 284a(h)) is amended— health information dissemination and relat- (1) by striking paragraph (1); and SETTING THE TIME FOR THE CON- ed activities with respect to— (2) in paragraph (2)— VENING OF THE 105TH CONGRESS ‘‘(1) acute pain; (A) by striking ‘‘(2)(A) The’’ and inserting ‘‘(1) The’’; Mr. NICKLES. Mr. President, I send a ‘‘(2) cancer and HIV-related pain; bill to the desk and ask for its imme- ‘‘(3) back pain, headache pain, and facial (B) by redesignating subparagraph (B) as pain; and paragraph (2); and diate consideration. ‘‘(4) other painful conditions. (C) by redesignating clauses (i) through The PRESIDING OFFICER. The ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (vi) of paragraph (1) (as so redesignated) as clerk will report. There is authorized to be appropriated to subparagraphs (A) through (F), respectively. The legislative clerk read as follows: (c) DIABETES AND DIGESTIVE AND KIDNEY carry out this section, $5,000,000 for fiscal A bill (S. 2159) to set the time for the con- DISORDERS ADVISORY BOARDS.—Section 430 year 1997.’’. vening of the 105th Congress. Subtitle E—Repeals and Conforming (42 U.S.C. 285c–4) is repealed. Amendments (d) NATIONAL ARTHRITIS AND MUSCULO- Mr. NICKLES. Mr. President, I ask SKELETAL AND SKIN DISEASES ADVISORY unanimous consent that the bill be SEC. 641. REPEALS AND CONFORMING AMEND- MENTS. BOARD.—Section 442 (42 U.S.C. 285d–7) is re- deemed read a third time and passed, (a) RENAMING OF DIVISION OF RESEARCH RE- pealed. the motion to reconsider be laid upon SOURCES.—Section 403(5) (42 U.S.C. 283(5)) is (e) RESEARCH CENTERS REGARDING CHRONIC the table, and any statements relating amended by striking ‘‘Division of Research FATIGUE SYNDROME.—Subpart 6 of part C of to the bill be printed at the appropriate title IV (42 U.S.C. 285f et seq.) is amended by Resources’’ and inserting ‘‘National Center place in the RECORD. redesignating the second section 447 (42 for Research Resources’’. The PRESIDING OFFICER. Without (b) RENAMING OF NATIONAL CENTER FOR U.S.C. 285f–1) as section 447A. NURSING RESEARCH.— (f) NATIONAL INSTITUTE ON DEAFNESS ADVI- objection, it is so ordered. (1) Section 403(5) (42 U.S.C. 283(5)) is SORY BOARD.—Section 464D (42 U.S.C. 285m–4) The bill (S. 2159) was deemed read for amended by striking ‘‘National Center for is repealed. a third time and passed, as follows: September 28, 1996 CONGRESSIONAL RECORD — SENATE S11771 S. 2159 tached waterfowl enthusiasts from around The legislative clerk read as follows: Be it enacted by the Senate and House of Rep- the world to come to Stuttgart, Arkansas, on A concurrent resolution (H. Con. Res. 221) resentatives of the United States of America in Thanksgiving Day weekend; correcting the enrollment of H.R. 3159. Congress assembled, Whereas the first national duck calling contest was held on November 24, 1936, as The PRESIDING OFFICER. Is there The 1st session of the 105th Congress shall objection to the immediate consider- convene at noon on January 7, 1997. part of the traditional Rice Carnival in downtown Stuttgart; ation of the concurrent resolution? f Whereas Thomas E. Walsh of Greenville, There being no objection, the Senate RELIEF OF OSCAR SALAS- Mississippi, was the first national duck call- proceeded to consider the concurrent VELAZQUEZ ing contest champion, and was awarded a resolution. hunting coat valued at $6.60 for his achieve- Mr. NICKLES. Mr. President, I ask Mr. NICKLES. I ask unanimous con- ment; unanimous consent that the resolution sent the Senate now proceed to consid- Whereas today, the World’s Championship be deemed agreed to, the motion to re- eration of H.R. 1031 which was received Duck Calling Contest draws contestants from throughout the United States and Can- consider be laid upon the table, and from the House. any statements relating to the resolu- The PRESIDING OFFICER. The ada, with a first place prize package valued at over $15,000; tion appear at the appropriate place in clerk will report. Whereas in order to enter the World’s the RECORD. The legislative clerk read as follows: Championship Duck Calling Contest a con- The PRESIDING OFFICER. Without A bill (H.R. 1031) for the relief of Oscar testant must qualify by winning a World’s objection, it is so ordered. Salas-Velazquez. Championship Duck Calling Contest sanc- The concurrent resolution (H. Con. Mr. NICKLES. Mr. President, I ask tioned calling contest, which are held in 29 Res. 221) was agreed to. states; unanimous consent the bill be deemed f Whereas over the history of the World’s read a third time and passed, the mo- Championship Duck Calling Contest attend- ESTABLISHING NATIONAL TOUR- tion to reconsider be laid upon the ance at the event has steadily grown; the ISM BOARD AND NATIONAL table, any statements relating to the number of participants has jumped from TOURISM ORGANIZATION bill appear at the appropriate place in 10,000 in 1954, to 50,000 in 1992, to 65,000 in the RECORD. 1995: Now, therefore, be it Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. Without Resolved, That the Senate designates Sat- unanimous consent that the Senate objection, it is so ordered. urday, November 30, 1996, as ‘‘National Duck now proceed to the consideration of The bill (H.R. 1031) was deemed read Calling Day’’. The President is authorized H.R. 2579, received from the House. and requested to issue a proclamation call- The PRESIDING OFFICER. The for a third time and passed. ing upon the people of the United States to Mr. NICKLES. Mr. President, this is clerk will report. observe such day with appropriate cere- The legislative clerk read as follows: a bill that I know Congressman monies and activities. A bill (H.R. 2579) to establish the National Ramstad and others have worked very f hard on. I am pleased we were able to Tourism Board and National Tourism Orga- nization to promote international tourism to get it passed this evening. CODIFYING LAWS RELATED TO TRANSPORTATION AND TO IM- the United States. f PROVE THE UNITED STATES The PRESIDING OFFICER. Is there NATIONAL DUCK CALLING DAY CODE objection to the immediate consider- ation of the bill? Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask There being no objection, the Senate unanimous consent that the Judiciary unanimous consent the Senate turn to proceeded to consider the bill. the immediate consideration of Senate Committee be discharged from further Mr. NICKLES. Mr. President, I ask Resolution 305, a resolution submitted consideration of H.R. 2297 and the Sen- unanimous consent that the bill be earlier today by Senators PRYOR, ate proceed to its immediate consider- deemed read a third time and passed, BUMPERS, JOHNSTON, BREAUX, and ation. the motion to reconsider be laid upon FORD. The PRESIDING OFFICER. The the table, and any statements relating The PRESIDING OFFICER. The clerk will report. to the bill appear at the appropriate The legislative clerk read as follows: clerk will report. place in the RECORD. The legislative clerk read as follows: A bill (H.R. 2297) to codify without sub- The PRESIDING OFFICER. Without A resolution (S. Res. 305) to designate Sat- stantive change laws related to transpor- objection, it is so ordered. urday, November 30, 1996, as ‘‘National Duck tation and to improve the United States The bill (H.R. 2579) was deemed read Code. Calling Day.’’ the third time and passed. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there f objection to the immediate consider- objection to the immediate consider- ation of the resolution? ation of the bill? NATIONAL FILM PRESERVATION There being no objection, the Senate There being no objection, the Senate ACT OF 1996 proceeded to consider the resolution. proceeded to consider the bill. Mr. NICKLES. Mr. President, I ask Mr. NICKLES. I ask unanimous con- Mr. NICKLES. Mr. President, I ask unanimous consent that the Judiciary sent the resolution and preamble be unanimous consent that the bill be Committee be discharged from further agreed to en bloc, the motion to recon- deemed read a third time and passed, consideration of H.R. 1734 and the Sen- sider be laid upon the table, and any the motion to reconsider be laid upon ate proceed to its immediate consider- statements relating to the resolution the table, and any statements relating ation. appear at the appropriate place in the to the bill appear at the appropriate The PRESIDING OFFICER. The RECORD. place in the RECORD. clerk will report. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The legislative clerk read as follows: objection, it is so ordered. objection, it is so ordered. A bill (H.R. 1734) to reauthorize the Na- The resolution (S. Res. 305) was The bill (H.R. 2297) was deemed read tional Film Preservation Board, and for agreed to. the third time and passed. other purposes. The preamble was agreed to. f The PRESIDING OFFICER. Is there objection to the immediate consider- The resolution, with its preamble, CORRECTING ENROLLMENT OF reads as follows: ation of the bill? H.R. 3159 There being no objection, the Senate S. RES. 305 Mr. NICKLES. Mr. President, I ask proceeded to consider the bill. Whereas Stuttgart, Arkansas, with its unanimous consent that the Senate Mr. LEAHY. Mr. President, I am flooded rice and soybean fields, is located in proceed to the consideration of H. Con. pleased that the Senate is today pass- the heart of the Mississippi River flyway for migratory birds; Res. 221, which was received from the ing and sending to the President for his Whereas for the past 60 years, the World’s House. signature, the National Film Preserva- Championship Duck Calling Contest and the The PRESIDING OFFICER. The tion Act of 1996 to reauthorize and ex- Wings Over the Prairie Festival have at- clerk will report. tend the National Film Preservation S11772 CONGRESSIONAL RECORD — SENATE September 28, 1996

Act. I thank Mr. MOORHEAD, Mr. CON- I am encouraged that we have an the preservation program authorized YERS and the other House sponsors for agreed-upon system for ensuring the by this legislation. They have worked successfully bringing this matter integrity of the National Film Registry closely with the Board and encouraged through the House of Representatives. Collection of the Library of Congress my continued involvement in this ef- I also commend two retiring Senators and a certification process to ensure fort. The Northeast Historic Film ar- who have always been champions of the that National Registry films distrib- chive is dedicated to preserving motion arts, libraries and the public—Senator uted or exhibited to the public that pictures of northern New England. I ALAN SIMPSON and Senator PAUL bear the National Registry seal are the know that many saw and enjoyed their SIMON. Without their support this Sen- genuine article. That seal verifies that exhibition, ‘‘Going to the Movies: A ate action, which I have been seeking they are the registry version. While Century of Motion Picture Audiences since January, would not be taking this is not a full-blown guarantee of in Northern New England’’ last May in place today. moral rights of those involved in the Burlington and that more than 1,000 I have been a sponsor and supporter creation of the work, this system is participating in a screening of Charlie of the National Film Preservation consistent with a recognition of the Chaplin’s ‘‘The Circus.’’ In addition, I Board since 1988 when we first took ac- first-published version as the original have heard from the National Center tion to authorize the Board within the or true version of the work. for Jewish Film, which works to pre- Library of Congress. We acted then to The comprehensive study conducted serve America’s film heritage and a recognize the educational, cultural, by the Librarian and the Board in- glimpse of the cultural heritage of the and historical importance and the frag- cluded extensive public hearings and Jewish people. ile nature of our film heritage. Motion public participation. I am glad to see I have also heard from the Associa- pictures are an important part of the the Library and the Board taking seri- tion of Moving Image Archivists and American experience and an extraor- ously their mandate to raise public ask that letters from these organiza- dinary record of our history, our awareness and to increase public in- tions be printed in the RECORD follow- mores, and our aspirations. While there volvement. The study further docu- ing my remarks. is currently a political penchant for ments the problems that even recent The PRESIDING OFFICER. Without chastising American filmmakers for films face, including color-fading, vin- objection, it is so ordered. the sex, violence and drugs seen on egar syndrome and the like. While new (See exhibit 1.) screen, we should not lose sight of the technology may hold some prospect for Mr. LEAHY. This bill will reauthor- contributions of filmmaking to our greater stability of the film elements, ize the National Film Preservation cultural life and our life as a nation. we still need extensive efforts if we are Board to continue to bring parties to- Before Congress acted in 1988, we had to preserve our art and respect our his- gether to implement the realistic pro- lost more than half of the feature films tory. gram outlined in the 1993 national produced in the United States before This legislation signals the next plan. To help fund these activities over 1951 and 80 percent of our silent films phase in our coordinated national and the long-term, the bill creates a non- to deterioration. With the efforts of the local efforts. The bill will reauthorize a profit organization to be known as the National Film Preservation Board and program for the preservation of edu- National Film Preservation Founda- those of such private groups as the cational and historical films held by li- tion to combine public and private re- Film Foundation, Turner Entertain- braries, archives, universities, histori- sources and leverage the Federal seed ment Co. and others we have made sig- cal societies, and filmmakers in every money with private fundraising. The nificant progress. State. The materials that are at the bill we consider and pass today retains Since 1988 we have maintained a Na- center of concern are not Hollywood only 5 percent of the authorized funds tional Film Registry wherein classic feature films but the orphan films of that were initially requested. I urge movies like ‘‘Casablanca’’, ‘‘Citizen little commercial value that will not the private section and those inter- Kane’’, and ‘‘High Noon’’ have been survive without public intervention. ested in preserving our heritage to rise maintained and orphan films, which no These include independent films, news- to the challenge, contribute to the Na- studio had an interest in preserving, reels and documentaries, films of his- tional Film Preservation Foundation were rescued from oblivion. The sci- torical, educational, and regional im- and make it a success. entists have found better ways to pre- portance, films by and about ethnic I thank all those who have served on serve the images that were decaying on and minority groups, silent films, short the National Film Preservation Board celluloid and studios have discovered subject films, early animation and for their contributions to this impor- that film libraries retain economic films no longer protected by copyright tant effort. I want to commend Eric value and viewer interest. and now part of the public domain. Schwartz of the Proskauer Rose law In 1991, I joined with Senator STE- This action should help preserve im- firm for his dedicated commitment as VENS, Senator PELL, and Senator portant resource materials for scholars pro bono counsel to the National Film DeConcini to reauthorize and extend and teachers like Denise Youngblood in Preservation Board. Finally, I know the National Film Preservation Act the History Department, Frank that our Librarian of Congress strongly and we succeeded in doing so in June Manchel and Ted Lyman in Arts and supports this legislation and want to 1992. We acted at a time when there Sciences and Kenneth Rothwell in Eng- thank Jim Billington and the Library were growing film preservation efforts lish at the University of Vermont; Ted staff for their help and for making our around the country but little coordina- Perry at Middlebury College; and Ken- National Registry films available to tion. The Librarian and the National neth Peck at Burlington College. It is the public. Film Preservation Board were charged important to the special collection at EXHIBIT 1 with the responsibility for conducting the Bailey/Howe Library at the Univer- NORTHEAST HISTORIC FILM, an extensive study of film preservation sity of Vermont and the Vermont His- Bucksport, ME, August 30, 1996. in American. It is that authorization torical Society. Hon. Patrick J. Leahy, that expired this summer and which we Film preservation, film history and Russell Building, U.S. Senate, Washington, DC. DEAR SENATOR LEAHY: On behalf of the now renew. filmmaking matter. They matter to board, staff and members of Northeast His- The Library of Congress houses the the Vermont Independent Media Art- toric Film, we ask for your strong support of largest film collection in the world. I ists, the Vermont International Film THE NATIONAL FILM PRESERVATION am glad that those film treasures are Foundation, the Savoy Theatre, the ACT of 1996 (H.R. 1734). This bill has already being preserved there and at the UCLA Flaherty family in Putney, Barbara passed the House of Representatives without film archive, at the Museum of Modern VanDyke, the increasing number of controversy or opposition. Now we hope you Art and at the George Eastman House. creative film artists in Vermont, Ver- will help the Senate to pass H.R. 1734 quickly I am delighted that those films are now mont’s growing film industry, our new so that libraries, educators and archives can being exhibited to the public with the benefit from the legislation as soon as pos- film commission and to us all as audi- sible. cooperation of their copyright holders. ence and Americans. The passage of this act will mean a great I am happy that they are available to Two film archives in our region deal to our survival as a cultural organiza- scholars and researchers. should be among the beneficiaries of tion. Northeast Historic Film is a nonprofit September 28, 1996 CONGRESSIONAL RECORD — SENATE S11773 organization preserving film and videotape the nation’s film archives to raise private by commercial entities. These films include from Vermont, Maine and New Hampshire. sector funding on a national level, with the newsreels, documentaries, actuality footage, We spent most of May in Burlington with need for only a minimum investment by the educational films, socially significant ama- our history exhibition, ‘‘Going to the Mov- federal government in matching funds. In teur footage, films documenting local and re- ies: A Century of Motion Picture Audiences Massachusetts and throughout America, ar- gional history, and films which have fallen in Northern New England.’’ The culmination chives everyday are facing mountains of de- into the public domain with no copyright of this educational and cultural series—in teriorating film which they cannot afford to owner to insure their survival. which scholars and filmmakers from the Uni- preserve. These films, often called ‘‘orphans’’ H.R. 1734 will help preserve such films by versity of Vermont, Middlebury College, and because they are no longer owned by com- accomplishing two related and vital goals. other institutions, spoke to the public—was mercial entities—including documentaries, First, it will reauthorize the National Film a screening of Charlie Chaplin’s classic film newsreels, actuality footage, independent Preservation Board, originally established in The Circus with live orchestra at The Flynn and avant-garde films, films of local and re- 1988. The Board consists of representatives to 1,100 people of all ages. gional interest, socially significant amateur from all important constituencies within the After the screening we received letters footage, and films which have fallen into film and academic communities, and oper- from people around Vermont, such as a let- public domain. ates under the direction of the Librarian of ter from Hinesburg saying, ‘‘It would be an The National Center for Jewish Film was Congress. During the past eight years, the awful shame to lose this and other such cul- the recipient of uninterrupted grants from Board has proven invaluable in raising the tural treasures to neglect.’’ Film preserva- the National Endowment for the Arts/Amer- public’s awareness of the need for film pres- tion needs your support. ican Film Institute Film Preservation for 19 ervation and in working with archives The National Film Preservation Board, years until that invaluable program was throughout the country to develop a coordi- which is up for reauthorization, has been a eradicated last year. The preservation funds nated national plan. Reauthorizing the significant force in making people aware of provided by that program were crucial in as- Board will enable it to carry on the work of our film heritage nationally. The establish- sisting our Center save a number of classic implementing this plan and providing leader- ment of a new National Film Preservation Yiddish feature films including: THE ship for the nationwide effort to preserve Foundation, as recommended by the Librar- DYBBUK, TEVYE, GREEN FIELDS and America’s film heritage. ian of Congress and the Film Board, is essen- UNCLE MOSES. Our Center holds thousands Secondly, H.R. 1734 will establish the Na- tial to the continued preservation and pres- of cans of film in dire need of preservation. tional Film Preservation Foundation, as entation of our film heritage. Each can preserved saves a small glimpse of strongly recommended by the Film Board While the amount of federal matching the rich cultural heritage of the Jewish peo- and the Librarian of Congress. The Founda- funds authorized by H.R. 1734 has been re- ple. tion will work with the nation’s film ar- duced by 95% from the original request, we Important collections of films exist in each chives to raise private sector funding on a are all too aware of the frugality of the of the fifty states—in local archives, muse- national level, with no investment of federal present period. We still enthusiastically sup- ums, historical societies, libraries, univer- funds until the year 2000, and after then lim- port the bill, seeing it is an important start sities and other non-profit institutions. ited to a maximum allocation of $250,000 in for a preservation effort that will grow in Taken together they constitute an amaz- annual matching funds. All funds raised by size and energy as we turn the century. ingly rich and very endangered cultural leg- the Foundation will be used by non-profit ar- We are members of the Association of Mov- acy. chives to preserve and make available his- ing Image Archivists, the professional group The National Film Preservation Founda- torical, educational and cultural films of representing our field. I enclose testimony to tion represents our best hope for saving this local, regional and national interest which the House by Edward Richmond, AMIA’s legacy on behalf of the American people. will otherwise be lost forever. president at the time of the hearings, in sup- Please help us in this effort by supporting port of this legislation. H.R. 1734. Important collections of such films exist in The National Film Preservation Act will Sincerely, each of the fifty states. They are housed in give the field a way to seek matching funds— SHARON PUCKER RIVO, local archives, museums, historical societies, an important source of leverage—with a very Executive Director. libraries, universities, and non-profit asso- investment by the federal government. ciations. Everyday these institutions face vaults full of deteriorating films which they Archives like this one preserve images and ASSOCIATION OF MOVING cannot afford to preserve. These are not Hol- sound that record the changes to our social IMAGE ARCHIVISTS, history, the changes in our landscape, the Los Angeles, CA, September 4, 1996. lywood films, belonging to the film studios way we relate to each other. The work we do Re National Film Preservation Act (H.R. and production companies, but orphan films is very important to the education of young 1734). comprising an amazingly rich and valuable national resource. people. We saw first-hand how compelling Hon. PATRICK J. LEAHY, this experience is to Vermont people. U.S. Senate, Washington, DC. H.R. 1734 is a non-controversial proposal. It has already passed the House of Representa- Please help the many organizations work- DEAR SENATOR LEAHY: On behalf of the As- ing to save our history by supporting the sociation of Moving Image Archivists tives by voice vote with complete bi-partisan Senate passage of H.R. 1734. (AMIA), I am writing to ask you to support support and no opposition. It focuses exclu- Sincerely, the NATIONAL FILM PRESERVATION ACT sively on films held in the public trust, that KARAN SHELDON, (H.R. 1734). are not owned or protected by commercial DAVID WEISS. AMIA is a professional organization estab- entities. In recognition of these frugal times, lished in 1991 to provide a means for coopera- the amount of federal matching funds it au- THE NATIONAL CENTER FOR tion among individuals concerned with the thorizes has been reduced by a full 95%. It JEWISH FILM, preservation and use of moving image mate- simply and for the first time gives the na- Waltham, MA, August 30, 1996. rials. It currently represents over 300 profes- tion’s archives the tool they need to save the Re National Film Preservation Act (H.R. sional archivists working at more than 100 nation’s film heritage—a federally chartered 1734). institutions in both the public and private National Film Preservation Foundation. Hon. EDWARD M. KENNEDY, sectors, most of the working professionals in We hope the Senate will act quickly to U.S. Senate, Senate Russell Office Building, the film archive field. pass H.R. 1734, so its benefits can be felt as Washington, DC. AMIA strongly endorses H.R. 1734. This Act soon as possible. Your help is very much ap- DEAR SENATOR KENNEDY: On behalf of the has but one purpose—to preserve American preciated. Please give the nation’s archives a National Center for Jewish Film, located at films, especially educational and historical chance to do their job for the benefit of the Brandais University, we are writing to ask materials, which are deteriorating at an American people. you to support the NATIONAL FILM PRES- alarming rate. The need to act immediately Sincerely, ERVATION ACT (H.R. 1734). was documented by Film Preservation 1993, a MAXINE FLECKNER DUCEY, The passage of this act will accomplish two study completed by the Library of Congress President. goals which are critically important to the and the National Film Preservation Board. Mr. NICKLES. Mr. President, I ask nationwide effort to preserve America’s film H.R. 1734 will reauthorize the Board and es- unanimous consent that the bill be heritage and make it available to educators, tablish a separate Foundation to coordinate students, scholars and the public. First, it fundraising efforts to save films. The Act is deemed read a third time and passed, will reauthorize the National Film Preserva- almost entirely dependent on private funds. the motion to reconsider be laid upon tion Board, which has provided valuable We believe passage of H.R. 1734 is critically the table, and any statements relating leadership in helping the film archive com- important to preserving our nation’s history, to the bill appear at the appropriate munity develop a coordinated national pres- and insuring that educators, students, schol- place in the RECORD. ervation plan, and which has done much to ars, and the public will have access to the The PRESIDING OFFICER. Without raise the public’s awareness of the need for most vivid records of our past for teaching, film preservation. research and enjoyment. The focus of the objection, it is so ordered. Second, it will establish the National Film Act is not Hollywood feature films, but so- The bill (H.R. 1734) was deemed read Preservation Foundation, which will allow called ‘‘orphan films’’ which are not owned the third time and passed. S11774 CONGRESSIONAL RECORD — SENATE September 28, 1996 COMMENDING GOVERNMENTS OF be agreed to, the preamble be agreed There being no objection, the Senate HUNGARY AND ROMANIA to, the motion to reconsider be laid proceeded to consider the bill. Mr. NICKLES. Mr. President, I ask upon the table, and any statements re- Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate lating to the resolution appear at the unanimous consent that the bill be proceed to the immediate consider- appropriate place in the RECORD. read the third time, passed, the motion ation of Senate Resolution 303, submit- The PRESIDING OFFICER. Without to reconsider be laid upon the table, ted earlier today by Senators BROWN objection, it is so ordered. and any statement relating to the bill The resolution (S. Res. 303) was and SIMON. be placed at the appropriate place in The PRESIDING OFFICER. The agreed to. the RECORD. The preamble was agreed to. The PRESIDING OFFICER. Without clerk will report. The resolution, with its preamble, is The legislative clerk read as follows: objection, it is so ordered. as follows: A resolution (S. Res. 303) commending the The bill (H.R. 3916) was deemed read S. RES. 303 Governments of Hungary and Romania on the third time and passed. the occasion of the signing of a Treaty of Un- Whereas on September 16, 1996, a ‘‘Treaty f derstanding, Cooperation and Good Neigh- of Understanding, Cooperation and Good borliness. Neighborliness between Romania and the Re- VETERANS’ BENEFITS public of Hungary’’ was signed by Gyula IMPROVEMENTS ACT OF 1996 The PRESIDING OFFICER. Is there Horn, Prime Minister of Hungary, and by Mr. NICKLES. Mr. President, I ask objection to the immediate consider- Nicolae Vacaroiu, Prime Minister of Roma- ation of the resolution? nia, in Timisoara/Temesvar, Romania; unanimous consent that the Senate There being no objection, the Senate Whereas this agreement between the two now proceed to the consideration of proceeded to consider the resolution. governments is an important step in contrib- Calendar No. 625, S. 1711. Mr. BROWN. Mr. President, I rise uting to the stability of that region and to The PRESIDING OFFICER. The today with my distinguished colleague reconciliation and cooperation among the clerk will report. nations of Central and Eastern Europe. The legislative clerk read as follows: Senator SIMON to urge adoption of a Whereas this agreement will enhance the A bill (S.1711) to establish a commission to resolution commemorating a historic participation of both countries in the Part- evaluate the programs of the Federal Gov- treaty. nership for Peace program and will contrib- ernment and assist members of the Armed On September 16, 1996, the govern- ute to and facilitate their closer cooperation Forces and veterans in readjusting to civil- ments of Romania and Hungary signed with the members of the North Atlantic ian life, and for other purposes. a Treaty of Understanding, Coopera- Treaty Organization and the eventual entry tion and Good Neighborliness. Both of these countries into full NATO participa- The PRESIDING OFFICER. Is there countries deserve high praise for put- tion; and objection to the immediate consider- Whereas this agreement is a further sig- ation of the bill? ting aside long time differences to nificant step in the process of reconciliation agree to work together toward their There being no objection, the Senate between Hungary and Romania and reflects proceeded to consider the bill, which common goal of democracy. This trea- the desire and effort of both countries to im- ty shows the commitment of Romania prove their economic cooperation, to foster had been reported from the Committee and Hungary to improve their eco- the free movement of peoples between their on Veterans’ Affairs, with an amend- nomic cooperation and to expand mili- countries, to expand military relationships, ment to strike all after the enacting tary relationships not only between and to increase cultural and educational co- clause and inserting in lieu thereof the operation. following: each other, but also to the members of It is resolved by the Senate, That the Sen- the North Atlantic Treaty Organiza- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ate— (a) SHORT TITLE.—This Act may be cited as tion. (1) commends the farsighted leadership the ‘‘Veterans’ Benefits Improvements Act of shown by both the government of Hungary This agreement will allow both coun- 1996’’. and the government of Romania in reaching tries to enjoy a broader participation (b) TABLE OF CONTENTS.—The table of con- and sets the framework for the type of agreement on the Treaty of Understanding, tents of this Act is as follows: cooperation that will be required as Cooperation and Good Neighborliness signed on September 16, 1996; Sec. 1. Short title; table of contents. these countries eventually enter the (2) commends the frank, open, and rea- Sec. 2. References to title 38, United States NATO. soned political dialogue between officials of Code. I recently visited Romania and was Hungary and Romania which led to the trea- TITLE I—COMMISSION ON TRANSITION able to see first hand the remarkable ty; ASSISTANCE economic changes that are taking (3) commends the two countries for their Sec. 101. Establishment of commission. place. American investment in Roma- efforts to foster improved relations in all Sec. 102. Duties of commission. nia doubled from 1993 to 1994 and dou- fields; and Sec. 103. Powers of commission. (4) calls upon the President to utilize all bled again in 1995. This agreement, and Sec. 104. Miscellaneous administrative provi- available and appropriate means on behalf of sions. the increasing regional security that it the United States to support the implemen- Sec. 105. Commission personnel matters. exemplifies, will ensure increasing op- tation of the provisions of the ‘‘Treaty of Sec. 106. Termination of commission. portunities for U.S. investment. Understanding, Cooperation and Good Neigh- Sec. 107. Definitions. It is clear that Romania and Hungary borliness between Romania and the Republic Sec. 108. Funding. were able to set aside their long time of Hungary’’ and to promote their efforts for TITLE II—LIFE INSURANCE PROGRAMS regional cooperation as the best means of differences by signing this treaty in Sec. 201. Short title. bring these two countries into NATO and to order to improve their regional co- Sec. 202. Removal of gender references with re- ensure lasting security in the region. operation in hopes that they will even- spect to Servicemen’s Group Life tually be included in NATO. By the f Insurance. mere suggestion that we expand NATO VOICE OF AMERICA AND RADIO Sec. 203. Conversion of retired reservist Servicemembers’ Group Life In- to include the countries of Central and MARTI surance to Veterans’ Group Life Eastern Europe, we see moves to im- Mr. NICKLES. Mr. President, I ask Insurance and extension of Veter- prove the relationships with their unanimous consent that the Senate ans’ Group Life Insurance to neighbors. If we were to actually ex- proceed to the immediate consider- members of the Ready Reserves. pand NATO to include these newly ation of Calendar No. 632, H.R. 3916. Sec. 204. Conversion of SGLI and VGLI to com- emerging democracies, we would en- The PRESIDING OFFICER. The mercial life insurance. Sec. 205. Technical amendment. sure that they will never return to clerk will report. communism. We will ensure that the The legislative clerk read as follows: TITLE III—BENEFITS PROVISIONS tragic mistakes of the past will never A bill (H.R. 3916) to make available certain Sec. 301. Expansion of period of Vietnam era be repeated and the wonderful people of Voice of America and Radio Marti multi- for certain veterans. Central and Eastern Europe will enjoy lingual computer readable text and voice re- Sec. 302. Revision of authority relating to cen- cordings. ters for minority veterans and the long deserved freedoms of democ- women veterans. racy. The PRESIDING OFFICER. Is there Sec. 303. Outer burial receptacles. Mr. NICKLES. Mr. President, I ask objection to the immediate consider- Sec. 304. Clarification of eligibility of minors for unanimous consent that the resolution ation of the bill? burial in national cemeteries. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11775 Sec. 305. Extension of authority to treat alter- (C) Not more than seven of the members of the (C) the effect, if any, of the existence of such native teacher certification pro- Commission may be members of the same politi- programs on military readiness; grams as educational institutions cal party. (D) the extent to which such programs provide for certain educational assistance (3) The appointments of members of the Com- members of the Armed Forces with job-search purposes. mission shall, to the maximum extent prac- skills; Sec. 306. Direct loans to refinance loans under ticable, be made after consultation with rep- (E) the extent to which such programs prepare Native American Veteran Housing resentatives of veterans service organizations. such members for employment in the private sec- Loan Pilot Program. (4) The appointments of the members of the tor and in the public sector; Sec. 307. Clothing allowance for incarcerated Commission shall be made not later than 45 days (F) the effectiveness of such programs in as- veterans. after the date of enactment of this Act. sisting such members in finding employment in Sec. 308. Appointment of veterans service orga- (c) PERIOD OF APPOINTMENT; VACANCIES.— the public sector upon their separation from nizations as claimants’ represent- Members shall be appointed for the life of the service; and atives. Commission. Any vacancy in the Commission (G) the ways in which such programs could be Sec. 309. Provision of copies of Board of Veter- shall not affect its powers, but shall be filled in improved in order to assist such members in se- ans’ Appeals decisions. the same manner as the original appointment. curing meaningful employment in the private Sec. 310. Extension of certain authorities for (d) INITIAL MEETING.—Not later than 30 days sector upon their separation from service. services for homeless veterans. after the date on which all members of the Com- (c) REVIEW OF PROGRAMS TO ASSIST VETER- TITLE IV—EMPLOYMENT AND REEMPLOY- mission have been appointed, the Commission ANS.—(1) While carrying out the general duties MENT RIGHTS OF MEMBERS OF THE shall hold its first meeting. specified in subsection (a), the members of the UNIFORMED SERVICES (e) QUORUM.—A majority of the members of Commission appointed under subparagraphs (A) the Commission shall constitute a quorum, but a and (B) of section 101(b)(1) shall— Sec. 401. Purposes. (A) review the adequacy of programs intended Sec. 402. Definitions. lesser number may hold hearings. to assist veterans (including disabled veterans, Sec. 403. Discrimination against persons who (f) CHAIRMAN AND VICE CHAIRMAN.—The Com- homeless veterans, and economically disadvan- serve in the uniformed services mission shall select a Chairman and Vice Chair- taged veterans) in adjusting to civilian life, in- and acts of reprisal prohibited. man from among its members. Sec. 404. Reemployment rights of persons who (g) MEETINGS.—The Commission shall meet at cluding the programs referred to in paragraph serve in the uniformed services. the call of the Chairman of the Commission. (2); and Sec. 405. Reemployment positions. (h) PANELS.—The Commission may establish (B) consider— (i) whether the scope, focus, or content of Sec. 406. Leave. panels composed of less than the full member- Sec. 407. Health plans. ship of the Commission for the purpose of carry- such programs should be changed as a result of Sec. 408. Employee pension benefit plans. ing out the Commission’s duties. The actions of the conversion of the Armed Forces to an all- Sec. 409. Enforcement of employment or reem- such panels shall be subject to the review and volunteer force; and ployment rights. control of the Commission. Any findings and de- (ii) whether responsibility for administration Sec. 410. Enforcement of rights with respect to a terminations made by such a panel shall not be of such programs should be transferred to a de- State or private employer. considered the findings and determinations of partment or agency other than the Department Sec. 411. Enforcement of rights with respect to the Commission unless approved by the Commis- of Veterans Affairs as a result of such conver- Federal executive agencies. sion. sion and, if so, the department or agency to Sec. 412. Enforcement of rights with respect to (i) AUTHORITY OF INDIVIDUALS TO ACT FOR which the administration should be transferred. (2) The programs referred to in paragraph certain Federal agencies. COMMISSION.—Any member or agent of the Com- Sec. 413. Conduct of investigation; subpoenas. mission may, if authorized by the Commission, (1)(A) are the following: (A) Educational assistance programs. Sec. 414. Transition rules and effective dates. take any action which the Commission is au- (B) Job counseling, job training, and job Sec. 415. Effective dates. thorized to take under this title. placement services programs. SEC. 2. REFERENCES TO TITLE 38, UNITED SEC. 102. DUTIES OF COMMISSION. STATES CODE. (C) Rehabilitation and training programs. (a) IN GENERAL.—The Commission shall— Except as otherwise expressly provided, when- (D) Housing loan programs. (1) review the efficacy and appropriateness of (E) Small business loan and small business as- ever in this Act an amendment or repeal is ex- veterans transition and assistance programs in sistance programs. pressed in terms of an amendment to or repeal of providing assistance to members of the Armed (F) Employment and employment training a section or other provision, the reference shall Forces in making the transition and adjustment programs for employment in the public sector be considered to be made to a section or other to civilian life upon their separation from the and the private sector, including employer provision of title 38, United States Code. Armed Forces and in providing assistance to training programs and union apprenticeship TITLE I—COMMISSION ON TRANSITION veterans in making the transition to, and ad- programs. ASSISTANCE justing to, civilian life; (G) Federal Government personnel policies SEC. 101. ESTABLISHMENT OF COMMISSION. (2) review the allocation under law of respon- (including veterans’ preference policies) and the (a) ESTABLISHMENT.—There is established a sibility for the administration of veterans transi- enforcement of such policies. commission to be known as the Commission on tion and assistance programs among the various (H) Programs that prepare the families of Service Members and Veterans Transition As- departments and agencies of the Federal Gov- members of the Armed Forces for their transition sistance (hereafter in this title referred to as the ernment and determine the feasibility and desir- from military life to civilian life and facilitate ‘‘Commission’’). ability of consolidating such administration in that transition. (b) MEMBERSHIP.—(1) The Commission shall one such department or agency; (d) REPORTS.—(1) Not later than 90 days after be composed of 12 members appointed from (3) evaluate proposals for improving such pro- the date on which all members of the Commis- among private United States citizens with ap- grams, including proposals to consolidate, sion have been appointed, the Commission shall propriate and diverse experiences, expertise, and streamline, and enhance the provision of such submit to the Committees on Veterans’ Affairs historical perspectives on veterans, military, or- assistance and proposals for alternative means and Armed Services of the Senate and the Com- ganizational, and management matters, of of providing such assistance; and mittees on Veterans’ Affairs and National Secu- whom— (4) make recommendations to Congress regard- rity of the House of Representatives a report set- (A) four shall be appointed by the Chairman ing means of ensuring the continuing utility of ting forth a plan for the work of the Commis- of the Committee on Veterans’ Affairs of the such programs and assistance and of otherwise sion. The Commission shall develop the plan in Senate, in consultation with the Ranking Mem- improving such programs and the provision of consultation with the Secretary of Defense, the ber of that committee; such assistance. Secretary of Veterans Affairs, and the heads of (B) four shall be appointed by the Chairman (b) REVIEW OF PROGRAMS TO ASSIST MEMBERS other appropriate departments and agencies of of the Committee on Veterans’ Affairs of the OF THE ARMED FORCES AT SEPARATION.—(1) the Federal Government. House of Representatives, in consultation with While carrying out the general duties specified (2)(A) Not later than one year after the date the Ranking Member of that committee; in subsection (a), the members of the Commis- of the first meeting of the Commission, the Com- (C) two shall be appointed by the Chairman of sion appointed under subparagraphs (C) and mission shall submit to the committees referred the Committee on Armed Services of the Senate, (D) of section 101(b)(1) shall review primarily to in paragraph (1), and to the Secretary of De- in consultation with the Ranking Member of the programs intended to assist members of the fense, the Secretary of Veterans Affairs, the Sec- that committee; and Armed Forces at the time of their separation retary of Labor, and the Secretary of Education, (D) two shall be appointed by the Chairman from service in the Armed Forces, including pro- a report setting forth the activities, findings, of the Committee on National Security of the grams designed to assist families of such mem- and recommendations of the Commission, in- House of Representatives, in consultation with bers in preparing for the transition of such cluding any recommendations for legislative ac- the Ranking Member of that committee. members from military life to civilian life and to tion and administrative action as the Commis- (2)(A) One member of the Commission ap- facilitate that transition. sion considers appropriate. pointed under each of subparagraphs (A) and (2) In carrying out the review, such members (B) Not later than 90 days after receiving the (B) of paragraph (1) shall be a representative of of the Commission shall determine— report referred to in subparagraph (A), the Sec- a veterans service organization. (A) the adequacy of the programs referred to retary of Defense and the Secretary of Veterans (B) To the maximum extent practicable, the in paragraph (1) for their purposes; Affairs shall jointly transmit the report to Con- individuals appointed as members of the Com- (B) the adequacy of the support of the Armed gress, together with the Secretaries’ comments mission shall be veterans. Forces for such programs; on the report. S11776 CONGRESSIONAL RECORD — SENATE September 28, 1996 SEC. 103. POWERS OF COMMISSION. mission may procure temporary and intermittent ‘‘§ 1974. Advisory Council on Servicemembers’ (a) HEARINGS.—The Commission may hold services under section 3109(b) of title 5, United Group Life Insurance’’. such hearings, sit and act at such times and States Code, at rates for individuals which do (B) The item relating to such section in the places, take such testimony, and receive such not exceed the daily equivalent of the annual table of sections at the beginning of chapter 19 evidence as the Commission considers advisable rate of basic pay prescribed for level IV of the is amended to read as follows: to carry out the purposes of this title. Executive Schedule under section 5316 of such ‘‘1974. Advisory Council on Servicemembers’ (b) INFORMATION FROM FEDERAL AGENCIES.— title. Group Life Insurance.’’. The Commission may secure directly from the SEC. 106. TERMINATION OF COMMISSION. Department of Defense, the Department of Vet- The Commission shall terminate 90 days after (d) REFERENCES.—(1) Any reference to Serv- erans Affairs, and any other department or the date on which the Commission submits its icemen’s Group Life Insurance in any Federal agency of the Federal Government such infor- report under section 102(d)(2). law, Executive order, regulation, delegation of authority, or other document of the Federal mation as the Commission considers necessary to SEC. 107. DEFINITIONS. Government shall be deemed to refer to carry out its duties under this title. Upon re- For the purposes of this title— Servicemembers’ Group Life Insurance. quest of the Chairman of the Commission, the (1) The term ‘‘veterans transition and assist- (2) Any reference to the Advisory Council on head of such department or agency shall fur- ance program’’ means any program of the Fed- Servicemen’s Group Life Insurance in any Fed- nish such information expeditiously to the Com- eral Government, including the Department of eral law, Executive order, regulation, delegation mission. Defense, the Department of Veterans Affairs, of authority, or other document of the Federal SEC. 104. MISCELLANEOUS ADMINISTRATIVE the Department of Labor, and the Department Government shall be deemed to refer to the Ad- PROVISIONS. of Education, the purpose of which is— visory Council on Servicemembers’ Group Life (a) POSTAL SERVICES.—The Commission may (A) to assist, by rehabilitation or other means, Insurance. use the United States mails in the same manner members of the Armed Forces in readjusting or and under the same conditions as other depart- otherwise making the transition to civilian life SEC. 203. CONVERSION OF RETIRED RESERVIST ments and agencies of the Federal Government. upon their separation from service in the Armed SERVICEMEMBERS’ GROUP LIFE IN- SURANCE TO VETERANS’ GROUP (b) GIFTS.—The Commission may accept, use, Forces; or LIFE INSURANCE AND EXTENSION and dispose of gifts or donations of services or (B) to assist veterans in making the transition OF VETERANS’ GROUP LIFE INSUR- property. to civilian life. ANCE TO MEMBERS OF THE READY (c) MISCELLANEOUS ADMINISTRATIVE SUP- (2) The term ‘‘Armed Forces’’ has the meaning RESERVES. PORT.—The Secretary of Defense and the Sec- given such term in section 101(10) of title 38, (a) DEFINITIONS.—Section 1965(5) is amend- retary of Veterans Affairs shall, upon the re- United States Code. ed— quest of the Chairman of the Commission, fur- (3) The term ‘‘veteran’’ has the meaning given (1) by adding ‘‘and’’ at the end of subpara- nish the Commission, on a reimbursable basis, such term in section 101(2) of title 38, United graph (B); any administrative and support services as the States Code. (2) by striking out subparagraphs (C) and (D); Commission may require. (4) The term ‘‘veterans service organization’’ and SEC. 105. COMMISSION PERSONNEL MATTERS. means any organization covered by section (3) by redesignating subparagraph (E) as sub- (a) COMPENSATION OF MEMBERS.—Each mem- 5902(a) of title 38, United States Code. paragraph (C). ber of the Commission shall be compensated at a SEC. 108. FUNDING. (b) PERSONS INSURED.—Section 1967 is amend- rate equal to the daily equivalent of the annual (a) IN GENERAL.—The Secretary of Defense ed— rate of basic pay prescribed for level IV of the shall, upon the request of the Chairman of the (1) in subsection (a)— Executive Schedule under section 5315 of title 5, Commission, make available to the Commission (A) by adding ‘‘and’’ at the end of paragraph United States Code, for each day (including such amounts as the Commission may require to (1); travel time) during which such member is en- carry out its duties under this title. The Sec- (B) by striking out paragraphs (3) and (4); gaged in performing the duties of the Commis- retary shall make such amounts available from and sion. amounts appropriated for the Department of De- (C) in the full sentence in the matter following (b) TRAVEL AND TRAVEL EXPENSES.—(1) Mem- fense. paragraph (2), by striking out ‘‘or the first day bers and personnel of the Commission may trav- (b) AVAILABILITY.—Any sums made available a member of the Reserves, whether or not as- el on military aircraft, military vehicles, or to the Commission under subsection (a) shall re- signed to the Retired Reserve of a uniformed other military conveyances when travel is nec- main available, without fiscal year limitation, service, meets the qualifications of section essary in the performance of a duty of the Com- until the termination of the Commission. 1965(5)(C) of this title, or the first day a member mission except when the cost of commercial TITLE II—LIFE INSURANCE PROGRAMS of the Reserves meets the qualifications of sec- transportation is less expensive. SEC. 201. SHORT TITLE. tion 1965(5)(D) of this title,’’; (2) The members of the Commission shall be This title may be cited as the ‘‘Veterans’ In- (2) by striking out subsection (d); and allowed travel expenses, including per diem in surance Reform Act of 1996’’. (3) by redesignating subsection (e) as sub- lieu of subsistence, at rates authorized for em- section (d). SEC. 202. REMOVAL OF GENDER REFERENCES URATION AND ERMINATION OF OV ployees of agencies under subchapter I of chap- WITH RESPECT TO SERVICEMEN’S (c) D T C - ter 57 of title 5, United States Code, while away GROUP LIFE INSURANCE. ERAGE.—Section 1968(a) is amended— from their homes or regular places of business in (a) IN GENERAL.—The following provisions are (1) by striking out ‘‘subparagraph (B), (C), or the performance of services for the Commission. amended by striking out ‘‘Servicemen’s Group (D) of section 1965(5)’’ in the matter preceding (c) STAFF.—(1) The Chairman of the Commis- Life Insurance’’ each place it appears and in- paragraph (1) and inserting in lieu thereof ‘‘sec- sion may, without regard to civil service laws serting in lieu thereof ‘‘Servicemembers’ Group tion 1965(5)(B)’’; and regulations, appoint and terminate an exec- Life Insurance’’: (2) by striking out paragraph (4) and inserting utive director and such other additional person- (1) Subsections (a), (c), and (e) of section 1967. in lieu thereof the following new paragraph (4): nel as may be necessary to enable the Commis- (2) Subsections (a) through (d) of section 1969. ‘‘(4) with respect to a member of the Ready sion to perform its duties. In appointing an indi- (3) Subsections (a), (f), and (g) of section 1970. Reserve of a uniformed service who meets the vidual as executive director, the Chairman (4) Section 1971(b). qualifications set forth in section 1965(5)(B) of shall, to the maximum extent practicable, at- (5) Section 1973. this title, one hundred and twenty days after tempt to appoint an individual who is a veteran. (6) The text of section 1974(a). separation or release from such assignment, un- The employment of an executive director shall (7) Subsections (a) (other than the third and less on the date of such separation or release the be subject to confirmation by the Commission. fourth sentences), (d), and (g) of section 1977. member is totally disabled, under criteria estab- (2) The Chairman of the Commission may fix (8) Section 3017(a)(2)(A)(i). lished by the Secretary, in which event the in- the compensation of the executive director and (9) Section 3224(1). surance shall cease one year after the date of other personnel without regard to the provisions (b) CONFORMING AND CLERICAL AMEND- separation or release from such assignment, or of chapter 51 and subchapter III of chapter 53 MENTS.—(1) Section 1315(f)(1)(F) is amended by on the date the insured ceases to be totally dis- of title 5, United States Code, relating to classi- striking out ‘‘servicemen’s group life insurance’’ abled, whichever is the earlier date, but in no fication of positions and General Schedule pay and inserting in lieu thereof ‘‘servicemembers’ event prior to the expiration of one hundred and rates, except that the rate of pay for the execu- group life insurance’’. twenty days after separation or release from tive director and other personnel may not exceed (2)(A) The heading of subchapter III of chap- such assignment.’’; and the rate payable for level V of the Executive ter 19 is amended to read as follows: (3) by striking out paragraphs (5) and (6). Schedule under section 5316 of such title. ‘‘SUBCHAPTER III—SERVICEMEMBERS’ (d) DEDUCTIONS.—Section 1969 is amended— (d) DETAIL OF GOVERNMENT EMPLOYEES.— GROUP LIFE INSURANCE’’. (1) in subsection (a)(2), by striking out ‘‘is as- Upon request of the Chairman of the Commis- (B) The item relating to such subchapter in signed to the Reserve (other than the Retired sion, the head of any department or agency of the table of sections at the beginning of such Reserve)’’ and all that follows through ‘‘section the Federal Government may detail, on a non- chapter is amended to read as follows: 1965(5)(D) of this title,’’; reimbursable basis, any personnel of the depart- (2) by striking out subsection (e); and ment or agency to the Commission to assist the ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP (3) by redesignating subsections (f) and (g) as Commission in carrying out its duties. LIFE INSURANCE’’. subsections (e) and (f), respectively. (e) PROCUREMENT OF TEMPORARY AND INTER- (3)(A) The section head of section 1974 is (e) CONVERSION OF SGLI TO VGLI.—The MITTENT SERVICES.—The Chairman of the Com- amended to read as follows: Servicemembers’ Group Life Insurance of any September 28, 1996 CONGRESSIONAL RECORD — SENATE S11777 member of the Retired Reserve of a uniformed (B) Paragraphs (1)(A), (2)C), (2)(E), (2)(F), (B) by striking out ‘‘specifications and proce- service shall be converted to Veterans’ Group and (4) of such section are each amended by dures’’ and inserting in lieu thereof ‘‘regula- Life Insurance effective 90 days after the date of striking out ‘‘during the Vietnam era’’ and in- tions or procedures’’; and enactment of this Act. serting in lieu thereof ‘‘during the period begin- (3) by adding at the end the following: SEC. 204. CONVERSION OF SGLI AND VGLI TO ning on January 9, 1962, and ending on May 7, ‘‘(3) Regulations or procedures under para- COMMERCIAL LIFE INSURANCE. 1975’’. graph (2) may specify that— (a) OPTION TO CONVERT SGLI.—Subsection (2) Section 1710(e)(1)(A) of such title is amend- ‘‘(A) an outer burial receptacle other than a (b) of section 1968 is amended to read as follows: ed— grave liner be provided in lieu of a grave liner ‘‘(b)(1) Each policy purchased under this sub- (A) in clause (i), by striking out ‘‘during the at the election of the survivors of the interred chapter shall contain a provision, in terms ap- Vietnam era,’’ and inserting in lieu thereof veteran; and proved by the Secretary, that, except as herein- ‘‘during the period beginning on January 9, ‘‘(B) if an outer burial receptacle other than after provided, Servicemembers’ Group Life In- 1962, and ending on May 7, 1975,’’; and a grave liner is provided in lieu of a grave liner surance which is continued in force after expi- (B) in clause (ii), by striking out ‘‘such era’’ upon an election of such survivors, such survi- ration of the period of duty or travel under sec- and inserting in lieu thereof ‘‘such period’’. vors be required— tion 1967(b) or 1968(a) of this title, effective the (c) EFFECTIVE DATE.—The amendments made ‘‘(i) to pay the amount by which the cost of day after the date such insurance would cease, by this section shall take effect on January 1, the outer burial receptacle exceeds the cost of shall, at the election of the member or former 1997. No benefit may be paid or provided by rea- the grave liner that would otherwise have been member concerned— son of such amendments for any period before provided in the absence of the election; and ‘‘(A) be automatically converted to Veterans’ such date. ‘‘(ii) to pay the amount of the administrative Group Life Insurance subject to (i) the timely SEC. 302. REVISION OF AUTHORITY RELATING TO costs incurred by the Secretary concerned in payment of the initial premium under terms pre- CENTERS FOR MINORITY VETERANS providing the outer burial receptacle in lieu of scribed by the Secretary, and (ii) the terms and AND WOMEN VETERANS. such grave liner. conditions set forth in section 1977 of this title; (a) SES STATUS OF DIRECTORS.—Sections ‘‘(4) Regulations or procedures under para- or 317(b) and 318(b) are each amended by inserting graph (2) may provide for the use of a voucher ‘‘(B) be converted to an individual policy of ‘‘career or’’ before ‘‘noncareer’’. system, or other system of reimbursement ap- insurance as described in section 1977(e) of this (b) ADDITIONAL FUNCTIONS OF CENTER FOR proved by the Secretary concerned, for payment title upon written application for conversion MINORITY VETERANS.—Section 317(d) is amend- for outer burial receptacles other than grave lin- made to the participating company selected by ed— ers provided under such regulations or proce- the member and payment of the required pre- (1) by redesignating paragraph (10) as para- dures.’’. miums. graph (12); and (b) CONFORMING AMENDMENTS.—(1) The sec- ‘‘(2) Automatic conversion under paragraph (2) by inserting after paragraph (9) the follow- tion heading of such section is amended to read (1)(A) shall be effective only in the case of an ing new paragraphs (10) and (11): as follows: otherwise eligible member or former member who ‘‘(10) Advise the Secretary and other appro- is separated or released from a period of active priate officials on the effectiveness of the De- ‘‘§ 2306. Headstones, markers, and burial re- duty or active duty for training or inactive duty partment’s efforts to accomplish the goals of sec- ceptacles’’. training on or after the date on which the Vet- tion 492B of the Public Health Service Act (42 (2) The table of sections at the beginning of erans’ Group Life Insurance program (provided U.S.C. 289a–2) with respect to the inclusion of chapter 23 is amended by striking out the item for under section 1977 of this title) becomes ef- minorities in clinical research and on particular relating to section 2306 and inserting in lieu fective.’’. health conditions affecting the health of mem- thereof the following new item: (b) CONVERSION OF VGLI.—Section 1977 is bers of minority groups which should be studied ‘‘2306. Headstones, markers, and burial recep- amended— as part of the Department’s medical research tacles.’’. (1) in subsection (a), by striking out the program and promote cooperation between the SEC. 304. CLARIFICATION OF ELIGIBILITY OF MI- fourth and fifth sentences and inserting in lieu Department and other sponsors of medical re- NORS FOR BURIAL IN NATIONAL thereof the following sentence: ‘‘If any person search of potential benefit to veterans who are CEMETERIES. insured under Veterans’ Group Life Insurance minorities. Section 2402(5) is amended by inserting after again becomes insured under Servicemembers’ ‘‘(11) Provide support and administrative serv- ‘‘minor child’’ the following: ‘‘(which for pur- Group Life Insurance but dies before terminat- ices to the Advisory Committee on Minority Vet- poses of this chapter includes a child under 21 ing or converting such person’s Veterans’ Group erans provided for under section 544 of this years of age, or under 23 years of age if pursu- Life Insurance to Servicemembers’ Group Life title.’’. ing a course of instruction at an approved edu- Insurance, Veterans’ Group Life Insurance will (c) DEFINITION OF MINORITY VETERANS.—Sec- cational institution)’’. be payable only if such person is insured for less tion 317 is amended by adding at the end the SEC. 305. EXTENSION OF AUTHORITY TO TREAT than $200,000 under Servicemembers’ Group Life following: ALTERNATIVE TEACHER CERTIFI- Insurance, and then only in an amount which ‘‘(g) In this section— CATION PROGRAMS AS EDU- when added to the amount of Servicemembers’ ‘‘(1) The term ‘veterans who are minorities’ CATIONAL INSTITUTIONS FOR CER- Group Life Insurance payable shall not exceed means veterans who are minority group mem- TAIN EDUCATIONAL ASSISTANCE $200,000.’’; and bers. PURPOSES. (2) in subsection (e), by striking out the third ‘‘(2) The term ‘minority group member’ has the Section 3452(c) is amended in the second sen- sentence and inserting in lieu thereof the fol- meaning given such term in section 544(d) of this tence by striking out ‘‘September 30, 1996’’ and lowing new sentence: ‘‘A Veterans’ Group Life title.’’. inserting in lieu thereof ‘‘December 31, 1998’’. Insurance policy converted to an individual pol- (d) CLARIFICATION OF FUNCTIONS OF CENTER SEC. 306. DIRECT LOANS TO REFINANCE LOANS icy under this subsection shall terminate on the FOR WOMEN VETERANS.—Section 318(d)(10) is UNDER NATIVE AMERICAN VETERAN date before the date on which the individual amended by striking out ‘‘(relating to’’ and all HOUSING LOAN PILOT PROGRAM. policy becomes effective.’’. that follows through ‘‘and of’’ and inserting in (a) AUTHORITY.—Section 3762 is amended— SEC. 205. TECHNICAL AMENDMENT. lieu thereof ‘‘(42 U.S.C. (1) by redesignating subsection (h) as sub- Section 1977(a) is amended by striking out 289a–2) with respect to the inclusion of women section (i); and ‘‘and (e)’’ each place it appears in the first and in clinical research and on’’. (2) by inserting after subsection (g) the follow- second sentences. (e) ADDITIONAL FUNCTIONS OF ADVISORY COM- ing new subsection (h): TITLE III—BENEFITS PROVISIONS MITTEES.—(1) Section 542(b) is amended by in- ‘‘(h)(1) The Secretary may make direct loans serting ‘‘, including the Center for Women Vet- to Native American veterans in order to enable SEC. 301. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN VETERANS. erans’’ before the period at the end. such veterans to refinance existing loans made (2) Section 544(b) is amended by inserting ‘‘, (a) IN GENERAL.—Section 101(29) of title 38, under this section. United States Code, is amended to read as fol- including the Center for Minority Veterans’’ be- ‘‘(2)(A) The Secretary may not make a loan lows: fore the period at the end. under this subsection unless the loan meets the ‘‘(29) The term ‘Vietnam era’ means the fol- (f) TERMINATION DATE OF ADVISORY COMMIT- requirements set forth in subparagraphs (B), lowing: TEE ON MINORITY VETERANS.—Section 544(e) is (C), and (E) of paragraph (1) of section 3710(e) ‘‘(A) The period beginning on February 28, amended by striking out ‘‘December 31, 1997’’ of this title. 1961, and ending on May 7, 1975, in the case of and inserting in lieu thereof ‘‘December 31, ‘‘(B) The Secretary may not make a loan a veteran who served in the Republic of Vietnam 1999’’. under this subsection unless the loan will bear during such period. SEC. 303. OUTER BURIAL RECEPTACLES. an interest rate at least one percentage point ‘‘(B) The period beginning on August 5, 1964, (a) IN GENERAL.—Subsection (d) of section less than the interest rate borne by the loan and ending on May 7, 1975, in all other cases.’’. 2306 is amended— being refinanced. (b) LIMITED EXPANSION FOR SPECIFIC PUR- (1) in paragraph (1), by striking out ‘‘a grave ‘‘(C) Paragraphs (2) and (3) of such section POSES.—(1)(A) Paragraphs (1)(B) and (3) of sec- liner’’ each place it appears and inserting in 3710(e) shall apply to any loan made under this tion 1116(a) of such title are each amended by lieu thereof ‘‘an outer burial receptacle’’; subsection, except that for the purposes of this striking out ‘‘during the Vietnam era’’ and in- (2) in paragraph (2)— subsection the reference to subsection (a)(8) of serting in lieu thereof ‘‘during the period begin- (A) by striking out ‘‘grave liners’’ and insert- section 3710 of this title in such paragraphs (2) ning on January 9, 1962, and ending on May 7, ing in lieu thereof ‘‘outer burial receptacles’’; and (3) shall be deemed to be a reference to this 1975,’’. and subsection.’’. S11778 CONGRESSIONAL RECORD — SENATE September 28, 1996

(b) LOAN FEE.—Section 3729(a)(2)(E) of such SEC. 310. EXTENSION OF CERTAIN AUTHORITIES ‘‘(B) ordered to or retained on active duty title is amended by striking out ‘‘or FOR SERVICES FOR HOMELESS VET- (other than for training) under any provision of 3712(a)(1)(F)’’ and inserting in lieu thereof ERANS. law because of a war or national emergency de- ‘‘3712(a)(1)(F), or 3762(h)’’. (a) AUTHORITY FOR COMMUNITY-BASED RESI- clared by the President or the Congress, as de- DENTIAL CARE FOR HOMELESS CHRONICALLY SEC. 307. CLOTHING ALLOWANCE FOR INCARCER- termined by the Secretary concerned;’’. ENTALLY LL ETERANS AND THER ETER ATED VETERANS. M I V O V - (c) BRIEF, NONRECURRENT PERIODS OF SERV- ANS.—Section 115(d) of the Veterans’ Benefits (a) IN GENERAL.—Chapter 53 is amended by ICE.—Section 4312(d)(2)(C) is amended by strik- and Services Act of 1988 (38 U.S.C. 1712 note) is inserting after section 5313 the following new ing out ‘‘is brief or for a nonrecurrent period amended by striking out ‘‘December 31, 1997’’ section: and without a reasonable expectation’’ and in- and inserting in lieu thereof ‘‘December 31, ‘‘§ 5313A. Limitation on payment of clothing serting in lieu thereof ‘‘is for a brief, nonrecur- 1998’’. rent period and there is no reasonable expecta- allowance to incarcerated veterans (b) AUTHORIZATIONS OF APPROPRIATIONS FOR tion’’. ‘‘In the case of a veteran incarcerated in a HOMELESS VETERANS REINTEGRATION (d) CONFORMING AMENDMENTS TO REDESIGNA- Federal, State, or local penal institution for a PROJECTS.—Section 738(e)(1) of the Stewart B. TIONS IN TITLE 10.—Section 4312(c) is amended— period in excess of sixty days and furnished McKinney Homeless Assistance Act (42 U.S.C. (1) in paragraph (3), by striking out ‘‘section clothing without charge by the institution, the 11448(e)(1)) is amended by adding at the end the 270’’ and inserting in lieu thereof ‘‘section amount of any clothing allowance payable to following: 10147’’; and the veteran under section 1162 of this title shall ‘‘(E) $10,000,000 for fiscal year 1997. (2) in paragraph (4)— 1 ‘‘(F) $10,000,000 for fiscal year 1998.’’. be reduced by an amount equal to ⁄365th of the (A) by striking out ‘‘section 672(a), 672(g), 673, amount of the allowance otherwise payable TITLE IV—EMPLOYMENT AND REEMPLOY- 673b, 673c, or 688’’ in subparagraph (A) and in- under that section for each day during the 12- MENT RIGHTS OF MEMBERS OF THE serting in lieu thereof ‘‘section 688, 12301(a), month period preceding the date of the payment UNIFORMED SERVICES 12301(g), 12302, 12304, or 12305’’; of the allowance on which the veteran was so SEC. 401. PURPOSES. (B) by striking out ‘‘section 673b’’ in subpara- incarcerated.’’. Section 4301(a)(2) is amended by striking out graph (C) and inserting in lieu thereof ‘‘section (b) CLERICAL AMENDMENT.—The table of sec- ‘‘under honorable conditions’’. 12304’’; and tions at the beginning of such chapter is amend- SEC. 402. DEFINITIONS. (C) by striking out ‘‘section 3500 or 8500’’ in ed by inserting after the item relating to section Section 4303(16) is amended by inserting ‘‘na- subparagraph (E) and inserting in lieu thereof 5313 the following new item: tional’’ before ‘‘emergency’’. ‘‘section 12406’’. ‘‘5313A. Limitation on payment of clothing al- SEC. 403. DISCRIMINATION AGAINST PERSONS SEC. 405. REEMPLOYMENT POSITIONS. lowance to incarcerated veter- WHO SERVE IN THE UNIFORMED Section 4313(a)(4) is amended— ans.’’ SERVICES AND ACTS OF REPRISAL (1) by striking out ‘‘uniform services’’ in sub- PROHIBITED. paragraph (A)(ii) and inserting in lieu thereof SEC. 308. APPOINTMENT OF VETERANS SERVICE Section 4311 is amended by striking out sub- ORGANIZATIONS AS CLAIMANTS’ ‘‘uniformed services’’; and REPRESENTATIVES. sections (b) and (c) and inserting in lieu thereof (2) by striking out ‘‘of lesser status and pay the following: (a) POWER OF ATTORNEY NAMING A VETERANS which’’ and inserting in lieu thereof ‘‘which is ‘‘(b) An employer may not discriminate in em- SERVICE ORGANIZATION.—Section 5902 is amend- the nearest approximation to a position referred ployment against or take any adverse employ- ed— to first in clause (A)(i) and then in clause (A)(ii) ment action against any person because such (1) by redesignating subsection (c) as sub- which’’. person (1) has taken an action to enforce a pro- section (d); and tection afforded any person under this chapter, SEC. 406. LEAVE. (2) by inserting after subsection (b) the follow- (2) has testified or otherwise made a statement Section 4316(d) is amended by adding at the ing new subsection (c): in or in connection with any proceeding under end the following new sentence: ‘‘No employer ‘‘(c)(1) Unless a claimant specifically indicates this chapter, (3) has assisted or otherwise par- may require any such person to use vacation, in a power of attorney filed with the Depart- ticipated in an investigation under this chapter, annual, or similar leave during such period of ment a desire to appoint only a recognized rep- or (4) has exercised a right provided for in this service.’’. resentative of an organization listed in or ap- chapter. This subsection shall apply with re- SEC. 407. HEALTH PLANS. proved under subsection (a), the Secretary may, spect to a person regardless of whether the per- Section 4317(a) is amended— for any purpose, treat the power of attorney son has performed service in the uniformed serv- (1) by striking out ‘‘(a)(1)(A) Subject to para- naming such an organization, a specific office ices. graphs (2) and (3), in’’ and inserting in lieu of such an organization, or a recognized rep- ‘‘(c) An employer shall be considered to have thereof ‘‘(a)(1) In’’; resentative of such an organization as the engaged in actions prohibited— (2) by redesignating clauses (i) and (ii) of claimant’s representative as an appointment of ‘‘(1) under subsection (a), if the person’s mem- paragraph (1) (as amended by paragraph (1) of the entire organization as the claimant’s rep- bership, application for membership, service, ap- this section) as subparagraphs (A) and (B), re- resentative. plication for service, or obligation for service in spectively; ‘‘(2) Whenever the Secretary is required or the uniformed services is a motivating factor in (3) by redesignating subparagraph (B) as permitted to notify a claimant’s representative, the employer’s action, unless the employer can paragraph (2); and and the claimant has named in a power of at- prove that the action would have been taken in (4) by redesignating subparagraph (C) as torney an organization listed in or approved the absence of such membership, application for paragraph (3), and in that paragraph by redes- under subsection (a), a specific office of such an membership, service, application for service, or ignating clauses (i) and (ii) as subparagraphs organization, or a recognized representative of obligation for service; or (A) and (B), respectively, and by redesignating such an organization without specifically indi- ‘‘(2) under subsection (b), if the person’s (A) subclauses (I) and (II) as clauses (i) and (ii), re- cating a desire to appoint only a recognized rep- action to enforce a protection afforded any per- spectively. resentative of the organization, the Secretary son under this chapter, (B) testimony or making SEC. 408. EMPLOYEE PENSION BENEFIT PLANS. shall notify the organization at the address des- of a statement in or in connection with any pro- The last sentence of section 4318(b)(2) is ignated by the organization for the purpose of ceeding under this chapter, (C) assistance or amended by striking out ‘‘services,’’ and insert- receiving the notification concerned.’’. other participation in an investigation under ing in lieu thereof ‘‘services, such payment pe- (b) APPLICABILITY.—The amendments made by this chapter, or (D) exercise of a right provided riod’’. this section apply to any power of attorney filed for in this chapter, is a motivating factor in the SEC. 409. ENFORCEMENT OF EMPLOYMENT OR with the Department of Veterans Affairs, re- employer’s action, unless the employer can REEMPLOYMENT RIGHTS. gardless of the date of its execution. prove that the action would have been taken in (a) TECHNICAL AMENDMENT.—The second sen- SEC. 309. PROVISION OF COPIES OF BOARD OF the absence of such person’s enforcement action, tence of section 4322(d) is amended by inserting VETERANS’ APPEALS DECISIONS. testimony, statement, assistance, participation, ‘‘attempt to’’ before ‘‘resolve’’. Section 7104(e) is amended to read as follows: or exercise of a right. (b) NOTIFICATION.—Section 4322(e) is amend- ‘‘(e)(1) After reaching a decision on a case, ‘‘(d) The prohibitions in subsections (a) and ed— the Board shall promptly mail a copy of its writ- (b) shall apply to any position of employment, (1) in the matter preceding paragraph (1), by ten decision to the claimant at the last known including a position covered by section striking out ‘‘with respect to a complaint under address of the claimant. 4312(d)(1)(C).’’. subsection (d) are unsuccessful,’’ and inserting ‘‘(2) If the claimant has an authorized rep- SEC. 404. REEMPLOYMENT RIGHTS OF PERSONS in lieu thereof ‘‘with respect to any complaint resentative, the Board shall— WHO SERVE IN THE UNIFORMED filed under subsection (a) do not resolve the ‘‘(A) mail a copy of its written decision to the SERVICES. complaint,’’; and authorized representative at the last known ad- (a) INCLUSION OF PREPARATION AND TRAVEL (2) in paragraph (2), by inserting ‘‘or the Of- dress of the authorized representative; or TIME PRIOR TO SERVICE.—Section 4312(a) is fice of Personnel Management’’ after ‘‘Federal ‘‘(B) send a copy of its written decision to the amended by striking out ‘‘who is absent from a executive agency’’. authorized representative by any means reason- position of employment’’ and inserting in lieu SEC. 410. ENFORCEMENT OF RIGHTS WITH RE- ably likely to provide the authorized representa- thereof ‘‘whose absence from a position of em- SPECT TO A STATE OR PRIVATE EM- tive with a copy of the decision within the same ployment is necessitated’’. PLOYER. time a copy would be expected to reach the au- (b) LIMITATION ON SERVICE EXEMPTION TO Section 4323(a) is amended— thorized representative if sent by first-class WAR OR NATIONAL EMERGENCY.—Section (1) in paragraph (1), by striking out ‘‘of an mail.’’. 4312(c)(4)(B) is amended to read as follows: unsuccessful effort to resolve a complaint’’; and September 28, 1996 CONGRESSIONAL RECORD — SENATE S11779 (2) in paragraph (2)(A), by striking out ‘‘re- Mr. NICKLES. Mr. President, I ask The bill would also redefine the term garding the complaint under section 4322(c)’’ unanimous consent that further read- ‘‘Vietnam era’’ for purposes of VA pro- and inserting in lieu thereof ‘‘under section ing of the amendment be dispensed grams. Some members of the Senate 4322(a)’’. with. may be surprised to learn that the SEC. 411. ENFORCEMENT OF RIGHTS WITH RE- The PRESIDING OFFICER. Without SPECT TO FEDERAL EXECUTIVE legal definition of the ‘‘Vietnam era’’ AGENCIES. objection, it is so ordered. extends only from August 5, 1964—the (a) REFERRAL.—Section 4324(a)(1) is amended (The text of the amendment is print- date of the incident which gave rise to by striking out ‘‘of an unsuccessful effort to re- ed in today’s RECORD under ‘‘Amend- the Gulf of Tonkin resolution—until solve a complaint relating to a Federal executive ments Submitted.’’) May 7, 1975. United States troops were agency’’. Mr. SIMPSON. Mr. President, I rise in Vietnam, however, before that time, (b) ALTERNATIVE SUBMISSION OF COM- to speak briefly on S. 1711, the Veter- and by February 28, 1961, they were ac- PLAINT.—Section 4324(b) is amended— ans Benefits Improvements Act of 1996. companying their Vietnamese counter- (1) in the matter preceding paragraph (1), by This bill is one of three major veter- inserting ‘‘or the Office of Personnel Manage- parts on combat missions. ment’’ after ‘‘Federal executive agency’’; and ans’ bills being considered this week by In short, U.S. troops were subjected (2) in paragraph (1), by striking out ‘‘regard- the Senate; the other two are S. 1791, a to the real perils of ground combat at ing a complaint under section 4322(c)’’ and in- bill to provide cost of living increases least as early as February 28, 1961. This serting in lieu thereof ‘‘under section 4322(a)’’. to recipients of veterans’ benefits, and bill would recognize that fact by rede- (c) RELIEF.—Section 4324(c)(2) is amended— H.R. 3118, a compromise measure craft- fining the term ‘‘Vietnam era’’ back to (1) by inserting ‘‘or the Office of Personnel ed jointly by the members of the House Management’’ after ‘‘Federal executive agen- February 28, 1961 for purposes of most cy’’; and and Senate Committees on Veterans’ VA programs. This amendment is more (2) by striking out ‘‘employee’’ and inserting Affairs which would, among other than a symbolic one—though the sym- in lieu thereof ‘‘Office’’. things, reform the eligibility standards bolic value of recognizing the valor of SEC. 412. ENFORCEMENT OF RIGHTS WITH RE- for VA health care. These three bills those who were first into Vietnam SPECT TO CERTAIN FEDERAL AGEN- are the culmination of 2 years of work should not be lost. Some VA benefits— CIES. in the Veterans’ Affairs Committee. Section 4325(d)(1) is amended— most notably pension benefits to assist (1) by striking out ‘‘, alternative employment They are all good bills, bills that have poor ‘‘wartime’’ veterans who are dis- in the Federal Government under this chapter,’’; achieved bipartisan support within the abled due to non-service-connected in- and Committee. They are also bills that, jury or disease—are only available to (2) by striking out ‘‘employee’’ the last place while they put into place useful, even those who served in wartime. It is en- it appears and inserting in lieu thereof ‘‘employ- vital, legislation—without ‘‘breaking tirely appropriate that such benefits be ees’’. the bank.’’ SEC. 413. CONDUCT OF INVESTIGATION; SUBPOE- Time is becoming a precious com- extended to those who actually faced NAS. peril in Vietnam before that war’s Section 4326(a) is amended by inserting ‘‘have modity as the Senate winds down in these final days, so I will not overstay ‘‘legal’’ starting date. reasonable access to and the right to interview The bill would make a number of my welcome with a lengthy expla- persons with information relevant to the inves- other constructive improvements to nation of the contents of S. 1711. A de- tigation and shall’’ after ‘‘at all reasonable VA education, home loan, and burial times,’’. tailed explanation of the original bill benefit programs, and would also make SEC. 414. TRANSITION RULES AND EFFECTIVE as reported by the Committee on Vet- necessary changes in procedures gov- DATES. erans’ Affairs—and of the eight bills (a) REEMPLOYMENT.—Section 8(a) of the Uni- from which it is derived—is in the com- erning VA’s adjudication of claims. I formed Services Employment and Reemployment mittee’s report of the legislation. A de- know that every Senator is concerned Rights Act of 1994 (Public Law 103–353; 108 Stat. about the time it takes for VA to proc- 3175; 38 U.S.C. 4301 note) is amended— tailed explanation of the bill, as it would be amended in accordance with ess a veteran’s application for benefits. (1) in paragraph (3), by adding at the end Progress is being made on that front— thereof the following: ‘‘Any service begun up to an agreement reached with our House 60 days after the date of enactment of this Act, counterparts, is set out in the ‘‘Joint but more needs to be made. Finally, Mr. President, this bill, as which is served up to 60 days after the date of Explanatory Statement’’ which I re- reported, would make a series of tech- enactment of this Act pursuant to orders issued quest be made part of the RECORD. I under section 502(f) of title 32, United States will, however, summarize. nical corrections to a massive piece of Code, shall be considered under chapter 43 of S. 1711, as reported, would, first, cre- legislation approved by the 103d Con- title 38, United States Code, as in effect on the gress, the Uniformed Services Employ- day before such date of enactment. Any service ate a commission proposed by our former leader, Bob Dole. That commis- ment and Reemployment Rights Act of pursuant to orders issued under such section 1994, Public Law 103–353. That bill was 502(f) served after 60 days after the date of en- sion, the Commission on Service Mem- actment of this Act, regardless of when begun, bers and Veterans Transition Assist- the product of a multiyear executive shall be considered under the amendments made ance, would study current programs de- branch effort, spanning both the Bush by this Act.’’; and signed to assist service members and and Clinton administrations, which re- (2) in paragraph (4), by striking out ‘‘such pe- veterans in readjusting to civilian life sulted in a recommended updating of riod’’ and inserting in lieu thereof ‘‘such 60-day after service. Based on that analysis, it Veterans Reemployment Rights laws period’’. would report to the Congress its rec- which dated back to World War II. (b) INSURANCE.—Section 8(c)(2) of such Act is Those laws, which allow service mem- amended by striking out ‘‘person on active ommendations on how such programs duty’’ and inserting in lieu thereof ‘‘person might be improved. bers to return to prior employment serving a period of service in the uniformed I have yet to see a Government pro- after service, had not been systemati- services’’. gram, Mr. President, that cannot stand cally reviewed since World War II. The SEC. 415. EFFECTIVE DATES. improvement, so I am confident that 1994 legislation took care of that—and (a) IN GENERAL.—Except as provided in sub- the next Congress will be provided with did so, I might add, after an extraor- section (b), the amendments made by this title useful information on how we can bet- dinary display of joint, cooperative ef- shall take effect as of October 13, 1994. ter assist veterans in readjusting to ci- fort by the executive and legislative (b) REORGANIZED TITLE 10 REFERENCES.—The amendments made by section 404(d) of this Act vilian life. branches, and by employer and veter- shall take effect as of December 1, 1994. S. 1711 would also put into place a ans’ groups. But, as is often the case in AMENDMENT NO. 5418 number of reforms in VA-administered a massive restructuring of the law, the Mr. NICKLES. Mr. President, Sen- life insurance programs. Most notably, bill, as enacted, contained both ambi- ator SIMPSON has an amendment at the it would make lifetime insurance cov- guities and technical oversights and er- desk, and I ask for its immediate con- erage available to retired reservists rors. S. 1711 contains provisions to cor- sideration. who now can only get such coverage rect such problems. The PRESIDING OFFICER. The until they are 61-years old. It would Mr. President, the amendment to S. clerk will report. also facilitate the viatication—or cash- 1711 which I offer today contains each The legislative clerk read as follows: ing out—of life insurance policies by and all of these key provisions from S. The Senator from Oklahoma [Mr. NICKLES] the terminally ill before they die. 1711. It would add, however, a series of for Mr. SIMPSON, for himself and Mr. ROCKE- These are significant, and useful, re- provisions adopted by the House in var- FELLER, proposes amendment numbered 5418. forms. ious bills which I—and the ranking S11780 CONGRESSIONAL RECORD — SENATE September 28, 1996 member, my good friend, Senator JAY this and other bills—and history—have ship was omitted. As a result, under current ROCKEFELLER—have agreed to. Crucial shown. They were based, I can only sur- law, veterans seeking vocational rehabilita- among those provisions are amend- mise, on the mistaken belief that my tion benefits under chapter 31 satisfy the ments to the law which will have the zeal for restraining the growth in enti- statutory requirements if they (1) have a compensable service-connected disability effect of overturning the result reached tlements spending would lead me to and (2) are found to be in need of rehabilita- by the Court of Veterans Appeals in cutting veterans’ benefits. I, of course, tion because of an employment handicap. the case, Davenport v. Brown, 7 had never proposed cuts—because cuts Nonetheless, when VA promulgated regula- Vet.App. 476 (1995). In that case, the in entitlements’ spending are not nec- tions related to the changes in the voca- Court construed existing law creating essary to get control over the deficit. tional rehabilitation programs, VA contin- veterans’ eligibility for vocational re- All that is required is restrained ued to require the causal relationship as it habilitation benefits, and ruled that growth. had in the past. since the statutes do not require that The bill before the Senate now re- A 1995 Court of Veterans Appeals decision, Davenport v. Brown, 7 Vet.App. 476 (1995), there be a connection between the vet- flects that sort of restraint. It includes found no statutory support for VA’s regula- eran’s service-connected disability and positive, useful, constructive, biparti- tions requiring a causal relationship between his or her employment handicap, VA san legislation that helps veterans, and the service-connected disability and the em- could not impose such a requirement as does not contribute to the deficit. Such ployment handicap. As a result, VA esti- a condition to the receipt of vocational legislation is possible, if all start with mated that the decision would produce 32,366 rehabilitation benefits. That require- the determination to craft that form of additional participants in vocational reha- ment—which VA had imposed by now- thoughtful legislation. I do thank the bilitation programs over 5 years—a 14.4 per- overturned regulations literally for members of the Veterans’ Affairs Com- cent increase in participation and a 14.6 per- cent increase in entitlement spending. decades—would be reinstated. mittee, particularly the committee’s House bill The House-enacted amendments to ranking minority member, my friend, Section 101 of H.R. 3674 would, in effect, re- which we have agreed would also put Senator ‘‘JAY’’ ROCKEFELLER, and the into place a number if constructive verse the Davenport decision, and reinstate committee’s staff, for working with me original Congressional intent by restoring changes to the ‘‘Montgomery GI Bill.’’ to put together that sort of legislation. the requirement of a causal relationship be- It would provide for benefits to stu- I urge the Senate’s approval of S. tween a veteran’s service-connected disabil- dents participating in cooperative and 1711. ity and employment handicap for the pur- open-circuit television programs. More Mr. President, I ask unanimous con- pose of awarding vocational rehabilitation importantly, it would allow certain sent that relevant material be printed benefits. previously ineligible persons—those el- in the RECORD. Senate bill igible for the education benefits pro- There being no objection, the mate- The Senate bill contains no comparable gram in place before enactment of the rial was ordered to be printed in the provision. Montgomery GI bill, and certain Na- RECORD, as follows: Compromise agreement tional Guard members and reservists— EXPLANATORY STATEMENT ON S. Section 101 follows the House bill. to ‘‘buy into’’ Montgomery GI bill ben- 1711, AS AMENDED ALTERNATIVE TEACHING CERTIFICATION efits. PROGRAMS Finally, these additions would create S. 1711, as amended, reflects a compromise Current law equity with respect to benefits earned agreement that the House and Senate Com- mittees on Veterans’ Affairs have reached on A pilot program which provides by deceased veterans. First, they would Montgomery GI Bill benefits to persons increase the benefits made available to certain bills considered in the House of Rep- resentatives and the Senate during the 104th pursuing State-approved alternative the survivors of veterans who were en- Congress. These are H.R. 1483, which passed teacher programs through non-tradi- titled to VA compensation benefits, the House on May 21, 1996; H.R. 2289, which tional educational institutions estab- but who had not established their enti- passed the House on December 12, 1995; H.R. lished under Public Law 103–446 and de- tlement through VA’s adjudication 3373, which passed the House on May 21, 1996; fined at section 3452(c) of title 38, Unit- process before they died. S. 1711 would H.R. 3673, which passed the House on July 16, ed States Code, is set to expire on Sep- allow the survivors of such veterans to 1996; H.R. 3674, which passed the House on July 17, 1996 (hereinafter referred to in con- tember 30, 1996. Such programs typi- claim 2 years’ worth of compensation. cally offer certification through a com- It would also allow the survivors of any text as ‘‘House Bill’’); and S. 1711, which passed the Senate on September 27, 1996 bination of course work and ‘‘student veteran receiving compensation to re- (hereinafter referred to as ‘‘Senate Bill’’). teaching’’ under the guidance of a cer- tain compensation paid for the month The House and Senate Committees on Vet- tified teacher and are sponsored by within which the veteran died. Cur- erans’ Affairs have prepared the following educational institutions, such as State rently, Mr. President, VA requests that explanation of S. 1711, as amended (herein- or local boards of education. The pro- the veteran’s widow refund money pre- after referred to as the ‘‘Compromise Agree- gram saves both time and tuition for ment’’). Differences between the provisions viously sent by VA. the new teacher. As I said when I began these com- contained in the Compromise Agreement and ments, S. 1711 is a good, thoughtful, the related provisions in the above-men- House bill useful bill. It is also a bill that does tioned bills are noted in this document, ex- Section 105 of H.R 3674 would make the cept for clerical corrections, conforming program permanent. not ‘‘bust the budget.’’ It is just the changes made necessary by the Compromise Senate bill sort of legislation—good legislation Agreement and minor drafting, technical and Section 305 of S. 1711 would extend the pro- that does not add to the deficit—that I clarifying changes. gram for twenty-seven months. was determined to guide through the TITLE I—EDUCATION BENEFITS Veterans’ Affairs Committee when I as- Compromise agreement REPEAL OF THE DAVENPORT DECISION sumed the chairmanship of the com- Section 102 follows the House bill. Current law mittee this Congress. GI BILL ‘‘TWO-YEAR’’ RULE MODIFICATION I recall that when I assumed the job Since 1917, when vocational rehabilitation Current law of chairman in the 104th Congress— for veterans was established by law, a causal relationship between a veteran’s service-con- Under section 3689 of title 38, GI Bill bene- much to the chagrin of some so-called nected disability and an employment handi- fits are not authorized for the pursuit of ‘‘leaders’’ of the veterans community— cap was required for service-disabled veter- training unless the institution and course of- there was a good deal of gnashing of ans to be eligible for vocational rehabilita- fered have been in operation for two years. Under chapter 36 of title 38, GI Bill benefits teeth. Worse, there was much distor- tion benefits. This nexus formed the basis for are not authorized for courses offered on or the original program and defined the Na- tion of what they assumed I planned to through military bases under contract with tion’s responsibility for vocational rehabili- do. It was bandied about that I would the Department of Defense (DoD). tation to those veterans who incur or aggra- cut veterans’ benefits. Many assumed House bill that, and based on that assumption, vate a disability while serving in our Armed Forces. Section 201 of H.R. 3673 would: (a) remove some service organizations fanned the In 1980, Public Law 96–466 extensively re- the two year restriction on all degree grant- flames of fear among veterans. Their vised vocational rehabilitation programs in ing institutions, including branch campuses assumptions about what I would seek chapter 31 of title 38 and the express statu- (but not on non-degree granting institu- to accomplish were grossly in error, as tory language requiring the causal relation- tions); (b) authorize the Secretary to approve September 28, 1996 CONGRESSIONAL RECORD — SENATE S11781 the use of GI Bill benefits for courses offered Compromise agreement function was transferred to the VA with an on or through military bases under contract Section 106 follows the House bill. intent that similar eligibility rules should with DoD; and (c) strengthen and clarify the MONTGOMERY GI BILL ELIGIBILITY FOR CERTAIN apply under the VA’s management. Title 24 requirements under which the State Approv- CURRENT AND FORMER ACTIVE DUTY MEM- of United State Code, regarding the Army, ing Agencies approve courses. BERS OF ARMY AND AIR NATIONAL GUARD defines the term ‘‘minor child’’ as a person under age 21. However, VA regulations at 38 Senate bill Current law C.F.R. 1.620(g) allow burial eligibility for a The Senate bill contains no comparable Current and former active duty members provisions. ‘‘minor child’’ if such a child was, at death, of the Army and Air National Guard who under 21 or under 23 and pursuing a course of Compromise agreement served between June 30, 1985 and November instruction at an approved educational insti- 29, 1989 are not eligible to participate in any Section 103 follows the House bill. tution. ELIMINATION OF THE DISTINCTION BETWEEN VA education programs. House bill OPEN CIRCUIT TV AND INDEPENDENT STUDY House bill Current law Section 104 of H.R. 3674 would provide eligi- Section 201 of H.R. 3373 would clarify that for burial purposes, ‘‘minor child’’ includes Under section 3482(f) of title 38, a veteran bility for the Montgomery GI Bill to certain students up to age 23 who had been pursuing who takes a course by open circuit TV, un- current and former active duty members of a course of instruction at an approved edu- like other courses of independent study, the Army and Air Nation Guard who served cational institution, and amend section must be concurrently enrolled in an in-resi- between June 30, 1985 and November 29, 1989. 2402(5) of title 38 to incorporate VA’s regu- dence course to receive educational assist- Senate bill latory definition. ance under the GI Bill. The Senate bill contains no comparable Senate bill House bill provision. Section 202 of H.R. 3673 would eliminate Compromise agreement Section 304 of S. 1711 contains an identical the requirement of being concurrently en- Section 107 follows the House bill. provision. rolled in an in-residence course, and would, TITLE II—HOUSING AND MEMORIAL AFFAIRS Compromise agreement for benefit purposes, make a course taught SUBTITLE A—HOUSING Section 211 contains this provision. by open circuit TV equivalent to a course in ENHANCED LOAN ASSET SALE AUTHORITY BURIAL BENEFITS FOR CERTAIN VETERANS WHO independent study. Current law DIE IN STATE NURSING HOMES Senate bill Section 3720(h) of title 38 authorizes VA to Current law The Senate bill contains no comparable guarantee the timely payment of principal provision. Section 2303(a) authorizes VA to pay burial and interest to purchasers of real estate benefits for veterans who die in VA medical Compromise agreement mortgage investment conduits (REMICs). facilities or in facilities at which the veteran Section 104 follows the House bill. REMICs are used to ‘‘bundle’’ and market a was receiving hospital or nursing home care COOPERATIVE PROGRAMS number of vendee loan notes—that is, notes under contract with VA. Current law on direct loans made by VA to purchasers of VA-acquired real estate—so that they may House bill Under sections 3032, 3231 and 3532(b), veter- be sold for cash under favorable terms. Under Section 303 of H.R. 3673 would provide bur- ans enrolled in cooperative training pro- this authority, VA guarantees to REMIC ial costs and transportation to the place of grams—a combination of in-residence class purchasers that principal and interest will be burial for a veteran who dies in a State nurs- work at an institution of higher learning and paid in a timely manner. That assurance fa- ing home. work experience at a job site—receive 80 per- cilitates the marketing of such securities Senate bill cent of the full-time educational benefit and enhances their value in the marketplace The Senate bill contains no comparable rate. and simultaneously reduces the interest paid provision. House bill by VA on the notes, thus increasing the re- Section 204 of H.R. 3673 would authorize turn to the Treasury when such securities Compromise agreement veterans enrolled in cooperative training are sold. Section 212 follows the House bill. programs to receive the full amount of the VA’s authority to guarantee REMICs ex- OUTER BURIAL RECEPTACLES educational benefit rate. pires on December 31, 1996. Current law Senate bill House bill Section 2306(d) of title 38 requires the Sec- The Senate bill contains no comparable Section 205 of H.R. 3673 would extend, retary to provide grave liners for each new provision. through December 31, 1997, VA’s authority to grave in a national cemetery in which re- Compromise agreement guarantee the timely payment of principal and interest to purchasers of REMICs. mains are interred in a casket at no cost to Section 105 follows the House bill. the veteran’s survivors. The Secretary of the Senate bill ENROLLMENT OF VEAP PARTICIPANTS IN THE Army is also authorized to provide a grave MONTGOMERY GI BILL The Senate bill contains no comparable liner for such graves at Arlington National Current law provision. Cemetery. Chapter 32 authorizes the Secretary to op- Compromise agreement House bill Section 201 follows the House bill. erate the Veterans’ Education Assistance The House bill contains no provision relat- Program (VEAP) for post-Vietnam REFINANCING OF NATIVE AMERICAN HOME LOANS ing to this matter. servicemembers who enrolled after December Current law Senate bill 31, 1976 and before April 1, 1987. VEAP was Section 3762 authorizes the Secretary to the first VA contributory education benefit make a direct housing loan to a Native Section 303 of S. 1711 would require VA, plan. Under VEAP, active duty American veteran if, at the time the loan is and authorize the Secretary of the Army, to servicemembers made voluntary contribu- made, the Secretary and the tribal organiza- furnish grave liners or burial vaults or other tions to an individual account which the fed- tion that has jurisdiction over the veteran casket receptacles as provided by regula- eral government matched at a 2:1 ratio. The have entered a memorandum of understand- tions or procedures adopted to implement maximum participant contribution was ing with respect to such loans. this statutory change. Such regulations or procedures would allow persons to elect bur- $2,700 and participants could elect to make a House bill lump-sum contribution to the fund. In most ial receptacles other than grave liners and, if The House bill contains no provision relat- they did, would require them to pay any ad- cases, a veteran had 10 years in which to use ing to this matter. the education benefit and/or make a claim ditional cost associated with such products Senate bill for the unused contribution. and, in addition, an amount which reflects According to VA statistics, 18,927 persons Section 306 of S. 1711 would authorize the the administrative costs incurred in provid- used their VEAP entitlement in fiscal year Secretary to make direct loans to Native ing, and procuring, that product choice. 1995, which amounted to four percent of the American veterans in order to enable such Compromise agreement veterans to refinance existing loans made total persons using VA training and edu- Section 213 follows the Senate bill. cation benefits. By comparison, the Mont- under section 3762 providing the new interest gomery GI Bill provided benefits to nearly rate is at least one percent below the exist- TITLE III—EMPLOYMENT AND TRAINING 292,000 trainees, or 59 percent of the total. ing mortgage. SUBTITLE A—VETERANS’ EMPLOYMENT AND House bill Compromise agreement TRAINING Section 103 of H.R. 3674 would authorize Section 202 follows the Senate bill. VETS REORGANIZATION servicemembers participating in VEAP to SUBTITLE B—MEMORIAL AFFAIRS Current law transfer to the Montgomery GI Bill. MINORS’ BURIAL ELIGIBILITY Section 4102A authorizes Veterans’ Em- Senate bill Current law ployment and Training (VETS) regional of- The Senate bill contains no comparable Prior to 1973, the Department of the Army fices under the Secretary of Labor equal to provision. operated national cemeteries. In 1973, this the number of regional offices maintained by S11782 CONGRESSIONAL RECORD — SENATE September 28, 1996 the Department of Labor’s Employment and retired reservists, and persons in several VA to withhold payment on a pro-rated basis Training Administration. VETS Regional other uniformed services. VGLI, a post-sepa- to veterans incarcerated for more than 60 Administrators are not required to be veter- ration insurance program, provides for the days in penal institutions and who receive ans. conversion of SGLI policies to five-year re- institutional clothing at no personal ex- Section 4103(a) authorizes full-time Fed- newable term policies. When members of the pense. eral clerical support personnel to be assigned Ready Reserve retire with 20 years of service Senate bill to each State Directors for VETS in accord- or are transferred to the Retired Reserve Section 307 of S. 1711 contains a sub- ance with applicable provisions of title 5, they may continue their SGLI coverage until stantively identical provision. United States Code. they receive their first retired paycheck or Compromise agreement Section 4103(b) requires each VETS State reach age 61, whichever occurs first. Director and Assistant State Director to be Servicemembers covered by SGLI policies Section 502 contains this provision. a resident of the state of appointment for at may not convert their insurance to commer- EXTENSION OF VETERANS’ CLAIMS least two years prior to assuming the posi- cial policies upon separation. Upon separa- ADJUDICATION COMMISSION tion. tion, they must convert to VGLI policies, Current law House bill and VGLI policies may not be converted to Section 402 of the Veterans’ Benefits Im- Title II of H.R. 2289 would (a) reduce the commercial policies for 5 years. The Depart- provements Act of 1994 (Public Law 103–446) number of VETS regional administrators to ment of Defense is not required to furnish in- established the Veterans’ Claims Adjudica- no fewer than five and require that each ap- formation about life insurance programs. tion Commission to study the processes and pointed after enactment of this bill be a vet- House bill procedures of the VA for the adjudication, eran; (b) expand the duties of certain clerical Sections 101–104 of H.R. 3373 would (a) resolution, review and final disposition of personnel assigned to VETS State Directors merge the Retired Reservists’ component of VA benefits claims. On April 23, 1996, the to include more substantive VETS program SGLI with VGLI and make lifetime coverage Chairman of the Veterans’ Claims Adjudica- responsibilities; (c) maintain the residency under VGLI available to Retired Reservists; tion Commission submitted a request for an requirement except that an individual who (b) give insureds an option to convert the extension in order to complete the study re- had served as a VETS State Director or As- VGLI policies to commercial policies at any quirements set forth in Public Law 103–446. sistant State Director for at least two years time; (c) require the appropriate Secretary House bill would become eligible for either position in to furnish general information about life in- Section 105 of H.R. 3673 would authorize any state; and (d) authorize the Secretary of surance to servicemembers; and (d) change the extension of the Commission’s final re- Labor to conduct a pilot program to inves- the name of Servicemen’s Group Life Insur- port deadline from May 2, 1996 to December tigate methods of service delivery to veter- ance to Servicemembers’ Group Life Insur- 31, 1996. Section 105 of H.R. 3673 would also ans. ance. authorize an additional $75,000 in fiscal year Senate bill Senate bill 1996 and $75,000 in the first two quarters of The Senate bill contains no comparable Title II of S. 1711 contains substantially fiscal year 1997. These funds would be avail- provisions. identical provisions, except for the House able in either fiscal year. Compromise agreement provision described in (c). Senate bill The Compromise Agreement incorporates Compromise agreement The Senate bill contains no comparable provision. some of the provisions of the House bill. It In sections 401–406, the Compromise Agree- requires that each Regional Administrator ment follows the House Bill. Compromise agreement appointed after enactment of the bill be a Section 503 follows the House bill. TITLE V—DEPARTMENT OF VETERANS AFFAIRS veteran, and follows paragraphs (b) and (d) ADMINISTRATIVE MATTERS PILOT PROGRAM FOR USE OF CONTRACT described in the House bill. PHYSICIANS FOR DISABILITY EXAMINATIONS VA CENTERS FOR MINORITY AND WOMEN SUBTITLE B—TECHNICAL AMENDMENTS RELAT- VETERANS Current law ING TO THE UNIFORMED SERVICES EMPLOY- Physicians employed by the Veterans Current law MENT AND REEMPLOYMENT RIGHTS ACT OF Health Administration may conduct disabil- 1994 Section 317 of title 38 established a Center ity examinations of applicants for VA bene- USERRA TECHNICAL AMENDMENTS for Minority Veterans in VA and section 318 fits. There is no express provision in current Current law established a Center for Women Veterans in law relating to the use of contract physi- VA. Each Center is run by a director who is The Uniformed Services Employment and cians for disability examinations of appli- required to be a noncareer appointee in the Reemployment Rights Act of 1994 (USERRA) cants for VA benefits. Senior Executive Service, appointed for a six revised chapter 43 of title 38, United States House bill year term. Code, which safeguards the employment and Section 103 of H.R. 3673 would establish a reemployment rights of members of the uni- House bill pilot program for the use of contract physi- formed services. Because the laws are com- The House bill contains no provision relat- cians for disability examinations at up to 10 plex and technical, the Committee antici- ing to this matter. VA regional offices. pated that as the law was implemented, Senate bill Senate bill minor problems would occur and future tech- Section 302 of S. 1711 would (a) allow career The Senate Bill contains no comparable nical amendments would be necessary to and noncareer appointees to be directors of provision. clarify the intent of Congress. the centers; (b) expand the functions of the Compromise agreement House bill Center for Minority Veterans and clarify Section 504 follows the House bill. The Title III of H.R. 2289 would make technical functions of the Center for Women Veterans Compromise Agreement contains a require- amendments to chapter 43 of title 38. in order to make the functions of the centers ment that the costs of the pilot program be Senate bill more parallel; and (c) extend, through De- paid from the Compensation and Pensions Title IV of S. 1711 contains substantially cember 31, 1999, the Advisory Committee on account. Minority Veterans. identical provisions. DEFINITION OF VIETNAM ERA Compromise agreement Compromise agreement Current law Section 501 follows the Senate bill. In sections 311–313, the Compromise Agree- Section 101(29) of title 38 defines the term ment contains these provisions. REPEAL OF INCARCERATED VETERANS’ ‘‘Vietnam era’’ as the period beginning Au- TITLE IV—VETERANS LIFE INSURANCE CLOTHING ALLOWANCE gust 5, 1964 and ending on May 7, 1975. PROGRAMS Current law House bill SERVICEMEN’S GROUP LIFE INSURANCE Under chapter 53 of title 38, VA is required The House bill contains no provision relat- PROGRAM AMENDMENTS to pay a clothing allowance to each veteran, ing to this matter. Current law who, because of a service-connected disabil- Senate bill ity, wears or uses a prosthetic or orthopedic Under chapter 19 of title 38, the VA admin- Section 301 of S. 1711 would: (a) change the appliance which tends to wear out or tear isters six life insurance programs and super- beginning date of the Vietnam era from Au- clothing. VA also makes clothing allowance vises the administration of two others for gust 5, 1964 to February 28, 1961 in the case of payments to each veteran who uses medica- the benefit of servicemembers, veterans and a veteran who served in the Republic of Viet- tion prescribed for a service-connected skin their beneficiaries. The two programs super- nam for purposes of VA programs generally; condition and whose outer garments sustain vised by the VA, Servicemen’s Group Life In- and (b) change the beginning date of the irreparable damage due to the use of that surance (SGLI) and Veterans’ Group Life In- Vietnam era to January 9, 1962 for VA bene- medication. surance (VGLI), are administered under a fits and health care eligibility provisions contract with the Prudential Insurance Com- House bill which presume that the veteran had been ex- pany. SGLI provides low cost group life in- Section 104 of H.R. 3673 would add a new posed to herbicides and defoliants while in surance to persons on active duty, ready and section 5313A to title 38 which would require the Republic of Vietnam. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11783 Compromise agreement The Court of Veterans Appeals held that erans among the general homeless popu- Section 505 follows the Senate bill. the phrase ‘‘the Board shall promptly mail’’ lation. in section 7104(e) means that the Board deci- EFFECTIVE DATE OF DISCONTINUANCE OF CER- House bill sion must be delivered directly by the Board TAIN VETERANS’ BENEFITS BY REASON OF Section 206 of H.R. 3673 would authorize ap- into the custody of the U.S. Postal Service. DEATH OF RECIPIENT propriations to the program at $10,000,000 per This decision precluded a Board employee or year for fiscal years 1997 through 1999. Current law contractor from delivering a decision to a Senate bill Section 5112(b) authorizes the Secretary to service organization representative. Rather, reduce or discontinue the payment of com- the Board is currently required to deliver the Section 310 of S. 1711 would authorize ap- pensation, dependency and indemnity com- decision to the U.S. Postal Service. propriations to the program at $10,000,000 per pensation, or pension benefits when the re- Section 5902 of title 38 authorizes the Sec- year for fiscal years 1997 and 1998. cipient marries or remarries or dies. The ef- retary to recognize representatives of cer- Compromise agreement fective date of such a reduction or dis- tain veterans service organizations in the Section 601 follows the Senate bill. continuance is the last day of the month be- preparation, presentation and prosecution of REPAIR AND LONG-TERM MAINTENANCE OF WAR fore the marriage, remarriage or death oc- VA benefit claims. MEMORIALS curs. House bill Current law House bill The House bill contains no provisions re- Under title 36, United States Code, the Section 201 of H.R. 3674 would permit a sur- lating to this matter. American Battle Monuments Commission viving spouse to retain compensation or pen- Senate bill (ABMC) is not authorized to accept mone- sion payments pro rated to the day of the Section 309 of S. 1711 would (a) permit the tary donations for the maintenance of over- death, instead of the last day of the previous Board to send its decisions to claimants’ rep- seas memorials for which ABMC has accept- month. The effective date for this provision resentatives by any means reasonably cal- ed responsibility from private entities. would be October 1, 1997. culated to provide them with a copy of the House bill Senate bill decision within the same time a copy of the Section 301 of H.R. 3673 would authorize The Senate bill contains no comparable decision sent by first-class mail would be ex- the ABMC to accept monetary donations for provision. pected to reach them; and (b) permit VA to the maintenance of overseas memorials de- Compromise agreement treat a claimant’s power of attorney as an termined by the ABMC to be of sufficient im- appointment of an entire service organiza- portance to warrant long term Federal re- Section 506 follows the House bill but tion as the claimant’s representative, unless sponsibility. changes date of payment to the last day of the claimant specifically indicates a desire the month in which the veteran dies. Where Senate bill to limit the power of attorney to a specific under section 506, the surviving spouse who The Senate bill contains no comparable representative of an organization. In cases has been paid benefits for the full month in provision. where no such specific indication is made, which the veteran died, is subsequently de- Compromise agreement when the Secretary is required or permitted termined to be entitled to DIC or pension, it Section 602 follows the House bill except to notify a claimant’s representative, the is expected that VA will reduce the award of that ABMC may not accept monetary dona- Secretary would be authorized to notify the DIC or pension by the amount of benefits tions until it adopts reporting and account- organization at the address designated by paid to the surviving spouse for the month of ing systems. the organization for such purposes. the veteran’s death. TITLE VII—COMMISSION ON TRANSITION Compromise agreement INCREASE OF ACCRUED BENEFITS PAYABLE ASSISTANCE Section 508 follows the Senate bill. AFTER DEATH COMMISSION ON SERVICE MEMBERS AND Current law VA EDUCATION SERVICE VETERANS TRANSITION ASSISTANCE Section 5121 authorizes the Secretary to Current law Current law make payments of accrued benefits to survi- The VA’s Education Service is currently There is no provision in current law relat- vors for one year when the veteran dies prior located in Washington, D.C. However, the VA ing to the establishment of a commission to to complete adjudication of a VA claim. has proposed to move its offices to St. Louis, evaluate the programs of the Federal Gov- House bill MO as part of the Veterans Benefits Admin- ernment that assist members of the Armed istration’s effort to restructure. Forces and veterans in readjusting to civil- Section 202 of H.R. 3674 would authorize ian life. the Secretary to make payments of accrued House bill benefits to survivors for two years when the Section 202 of H.R. 3373 would require VA’s House bill veteran dies prior to complete adjudication Education Service to be located in Washing- The House bill contains no provision relat- of a VA claim. ton, D.C. ing to this matter. Senate bill Senate bill Senate bill The Senate bill contains no comparable The Senate bill contains no comparable Title I of S. 1711 would establish a Commis- provision. provisions. sion on Service Members and Veterans Tran- sition Assistance to evaluate the programs Compromise agreement Compromise agreement of the Federal Government that assist mem- Section 507 follows the House bill. Section 509 would prohibit the VA from ex- bers of the Armed Forces and veterans in re- pending any appropriated funds to move BVA PROVISIONS adjusting to civilian life. The Commission VA’s Education Service from its current lo- Current law would review the efficacy and appropriate- cation in Washington, DC prior to December ness of such existing programs. The Court of Veterans Appeals invalidated 31, 1997. Compromise agreement the Board of Veterans’ Appeals (Board) past TITLE VI—OTHER MATTERS practice of mailing decisions in Trammell v. Title VII follows the Senate bill but clari- HOMELESS VETERANS’ REINTEGRATION PROJECT Brown, 6 Vet. App. 181 (1994). Section 7104(e) fies the duties of both Commission panels re- of title 38, United States Code, specifies that Current law garding transition and veterans benefits pro- ‘‘the Board shall promptly mail a copy of its The Department of Labor administers the grams, and makes other perfecting amend- written decision to the claimant and the Homeless Veterans’ Reintegration Project ments. claimant’s authorized representative (if (HVRP) which is designed to help indigent ADDITIONAL MATTERS: CLEAR AND any).’’ Prior to this decision, the Board’s and homeless veterans return to society as UNMISTAKABLE ERROR method of ‘‘mailing’’ a copy of a decision to productive citizens. Veterans are estimated Current law a representative depended on where the rep- to account for one-third of the adult male Under 38 C.F.R. 3.105(a), decisions made by resentative was located. For a representative homeless population. Aided by community- VA regional offices are subject to review on at the Board’s offices in Washington, D.C., a based organizations, the program places the grounds of clear and unmistakable error. contractor hand-delivered the Board decision homeless veterans in jobs. In the past, the Decisions made by the Board of Veterans’ to the representative. For a representative program had been funded at $5 million per Appeals are not subject to this standard of at a VA regional office, the Board gave the year, but in fiscal year 1996, HVRP did not review by law or regulation. decision to the contractor, who ‘‘bundled’’ receive an annual appropriation. Rather, the House bill mail for the 58 VA regional offices and deliv- Appropriations Committee urged the Sec- ered the bundles to the U.S. Postal Service. retary of Labor to fund the program from a H.R. 1483 would codify this regulation as it Upon receipt, each regional office sorted its discretionary spending account. Public Law applies to VA regional office decisions and bundled mail and distributed any Board deci- 103–446 indicated the sense of Congress that extend the principle underlying it to Board sion to the appropriate representative at organizations dedicated to serving homeless decisions. that regional office. For a representative at veterans should receive a share of federal Senate bill an office at a VA facility, the Board mailed funds devoted to the homeless in a propor- The Senate bill contains no comparable its decision directly to the representative. tion roughly equal to the percentage of vet- provision. S11784 CONGRESSIONAL RECORD — SENATE September 28, 1996 Compromise agreement $416.62 for full-time education training and S. 1711 AS AMENDED (PAY–GO PROVISIONS)—Continued The Compromise Agreement contains no $338.51 for two-year enlistees. provision relating to this matter. House bill 1997 1998 1999 2000 2001 2002 PRESUMPTION THAT BRONCIOLO-ALVEOLAR Section 102 of H.R. 3674 would increase the Sec. 201: Budget authority ¥4 ¥1 0 0 0 0 CANCER IS SERVICE-CONNECTED basic monthly education benefit for full-time Outlays ...... ¥4 ¥1 0 0 0 0 Sec. 202: Budget authority Discretionary Current law education training and two-year enlistees by Outlays ...... * * * * * * $5 to $421.62 and $343.51, respectively. Sec. 211: Budget authority 0 0 0 0 0 0 Section 1112(c) lists certain diseases that Outlays ...... 0 0 0 0 0 0 are presumed to be service-connected in radi- Senate bill Sec. 212: Budget authority * * * * * * ation exposed veterans. Veterans diagnosed The Senate bill contains no comparable Outlays ...... * * * * * * Sec. 213: Budget authority * * * * * * with such diseases are eligible for compensa- provision. Outlays ...... * * * * * * tion benefits. Compromise agreement Sec. 301: Budget authority Discretionary Outlays ...... * * * * * * House bill The Compromise Agreement follows the Sec. 302: Budget authority Discretionary Section 101 of H.R. 3673 would add Senate bill. Outlays ...... * * * * * * Sec. 303: Budget authority Discretionary bronchiolo-alveolar carcinoma, a radiation- INCREASE IN AUTOMOBILE ALLOWANCE Outlays ...... * * * * * * related cancer of the lung, to the list of pre- Current law Sec. 311: Budget authority 0 0 0 0 0 0 sumptive service-connected diseases which Outlays ...... 0 0 0 0 0 0 manifest in radiation exposed veterans. Section 3902(a) authorizes the Secretary to Sec. 312: Budget authority 0 0 0 0 0 0 make a one-time grant of $5,500 toward the Outlays ...... 0 0 0 0 0 0 Senate bill Sec. 313: Budget authority 0 0 0 0 0 0 purchase of an automobile to severely dis- Outlays ...... 0 0 0 0 0 0 The Senate bill contains no comparable abled veterans if their disability is the result Sec. 401: Budget authority 0 0 0 0 0 0 provision. Outlays ...... 0 0 0 0 0 0 of an injury incurred or disease contracted in Sec. 402: Budget authority 0 0 0 0 0 0 Compromise agreement or aggravated by military service. Outlays ...... 0 0 0 0 0 0 Sec. 403: Budget authority 0 0 0 0 0 0 The Compromise Agreement contains no House bill Outlays ...... 0 0 0 0 0 0 provision relating to this matter. Section 203 of H.R. 3674 would authorize Sec. 404: Budget authority 0 0 0 0 0 0 Outlays ...... 0 0 0 0 0 0 PRESUMPTION OF PERMANENT/TOTAL DISABIL- the Secretary to increase the automobile al- Sec. 405: Budget authority 0 0 0 0 0 0 ITY IF A VETERAN IS 65 YEARS OF AGE AND IN lowable from $5,500 to $6,500. Outlays ...... 0 0 0 0 0 0 A NURSING HOME Sec. 406: Budget authority 0 0 0 0 0 0 Senate bill Outlays ...... 0 0 0 0 0 0 Current law The Senate bill contains no comparable Sec. 501: Discretionary Under section 1502(a), a person is consid- Outlays ...... * * * * * * provision. Sec. 502: Budget authority ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ered to be permanently and totally disabled Compromise agreement Outlays ...... ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 if such a person is unemployable as a result Sec. 503: Budget authority * * * * * * of a disability which is reasonably certain to The Compromise Agreement contains no Outlays ...... * * * * * * provision relating to this matter. Sec. 504: Budget authority 9 9 9 10 10 11 continue throughout the life of the person. A Outlays ...... 7 9 9 10 10 11 person is also considered to be permanently COURT OF VETERANS APPEALS PRO BONO Sec. 505: Budget authority * * * * * * PROGRAM Outlays ...... * * * * * * and totally disabled if suffering from any Sec. 506: Budget authority 14 14 16 16 16 16 disability which renders it impossible for the Current law Outlays ...... 13 14 16 17 14 16 average person to be gainfully employed Sec. 507: Budget authority 3 3 3 3 3 3 There is no provision in current law which Outlays ...... 3 3 3 3 3 3 throughout the person’s life. The Secretary relates to legal assistance for financially Sec. 508: Budget authority 0 0 0 0 0 0 may also make a determination that any dis- needy veterans in connection with Court of Outlays ...... 0 0 0 0 0 0 ease or disorder renders a person perma- Sec. 509: Budget authority 0 0 0 0 0 0 Veterans Appeals (the Court) proceedings. In Outlays ...... 0 0 0 0 0 0 nently and totally disabled. fiscal years 1992 through 1995, a discrete line- Sec. 510: Budget authority Discretionary House bill item appropriation was included in the Outlays ...... * * * * * * Sec. 601: Budget authority Discretionary Section 102 of H.R. 3673 would provide a Court’s budget and designated for transfer to Outlays ...... * * * * * * presumption of permanent and total disabil- the Pro Bono Program’s administrator, the Sec. 602: Budget authority * * * * * * Legal Services Corporation. In fiscal year Outlays ...... * * * * * * ity for veteran nursing home patients over Sec. 701: Budget authority Discretionary the age of 65. 1996, the Court’s operating funds were appro- Outlays ...... * * * * * * Sec. 702: Budget authority Discretionary Senate bill priated through successive continuing reso- lutions which did not include such a discrete Outlays ...... * * * * * * The Senate bill contains no comparable Sec. 703: Budget authority Discretionary line-item appropriation. Outlays ...... * * * * * * provision. House bill Sec. 704: Budget authority Discretionary Compromise agreement Outlays ...... * * * * * * Section 204 of H.R. 3674 would fund the Pro Sec. 705: Budget authority Discretionary The Compromise Agreement contains no Bono Program for six years at $700,000 per Outlays ...... * * * * * * provision relating to this matter. Sec. 706: Budget authority Discretionary year, with an increase of three percent per Outlays ...... * * * * * * MEDICAL QUALIFICATIONS FOR FLIGHT TRAINING year. The three percent per year increase Sec. 707: Budget authority Discretionary Outlays ...... * * * * * * Current law would begin in fiscal year 1998. Section 204 Sec. 708: Budget authority Discretionary Sections 3034(d)(2) and 3241(b)(2) of title 38 would fund the Program through VA’s Com- Outlays ...... * * * * * * and section 16136(c) of title 10 authorizes edu- pensation and Pension account, based on Total: Budget authority ...... 3 ¥8 ¥21 ¥20 ¥21 ¥22 cation benefits to a veteran enrolled in a savings realized as a result of the reversal of Outlays ...... 0 ¥8 ¥21 ¥19 ¥23 ¥22 course of flight instruction provided a com- the Davenport decision pursuant to section mercial pilot medical certificate is main- 101 of the Compromise Agreement. This Mr. ROCKEFELLER. Mr. President, tained throughout flight training. If VA amount would be reduced during each of the as the Ranking Minority Member of later discovers that the veteran’s medical six years by any appropriation enacted for operation of the Program. the Committee on Veterans’ Affairs, I certification has lapsed during training, an am enormously pleased that the Senate overpayment may be created. Senate bill is considering S. 1711, a bill that would House bill The Senate bill contains no comparable make amendments to a number of vet- provision. Section 203 of H.R. 3673 would authorize erans benefits and services. I urge my payment of educational benefits for flight Compromise agreement training provided the veteran meets the colleagues to give their unanimous The Compromise Agreement contains no support to this measure as it will be medical requirements for a commercial pi- provision relating to this matter. lot’s certificate at the beginning of training amended with a final compromise de- and within 60 days after completion of train- S. 1711 AS AMENDED (PAY–GO PROVISIONS) veloped by the two Veterans’ Affairs ing. Committees. Senate bill 1997 1998 1999 2000 2001 2002 Mr. President, because a description of all of the provisions of this meas- The Senate bill contains no comparable Sec. 101: Budget authority ¥20 ¥39 ¥56 ¥56 ¥56 ¥57 provision. Outlays ...... ¥20 ¥39 ¥56 ¥56 ¥56 ¥57 ure—which I will refer to as the ‘‘com- Sec. 102: Budget authority 1 1 1 1 1 1 Compromise agreement Outlays ...... 1 1 1 1 1 1 promise agreement’’—are set forth in The Compromise Agreement contains no Sec. 103: Budget authority * * * * * * the explanatory statement which Sen- Outlays ...... * * * * * * IMPSON ECORD provision relating to this matter. Sec. 104: Budget authority * * * * * * ator S will place in the R , INCREASE IN MONTOGMERY GI BILL—ACTIVE Outlays ...... * * * * * * I will just discuss some of the issues DUTY RATES Sec. 105: Budget authority * * * * * * Outlays ...... * * * * * * which are of particular interest to me. Current law Sec. 106: Budget authority 5 2 2 3 3 3 The explanatory statement was devel- Outlays ...... 5 2 2 3 3 3 oped in cooperation with the House Section 3015(b)(1) authorizes the Secretary Sec. 107: Budget authority ¥4 4 5 4 3 2 to award basic monthly education benefits of Outlays ...... ¥4 4 5 4 3 2 Committee on Veterans’ Affairs and September 28, 1996 CONGRESSIONAL RECORD — SENATE S11785 that Committee’s Chairman, Bob thing other than a VGLI policy upon counterparts on military missions and, Stump, will insert the same explana- leaving active duty and then having to as such, is used as the starting date for tory statement in the RECORD when the wait five years after leaving service to the Vietnam conflict in a number of House considers this measure. convert a VGLI policy to a commercial other contexts. OVERTURNING THE DAVENPORT DECISION policy. INCREASE IN AMOUNT OF ACCRUED BENEFITS Mr. President, section 101 of the com- There are numerous advantages to Mr. President, as my colleagues promise agreement amends various this change but one of the key ones— know, the VA claims adjudication sys- provisions of chapter 31 of title 38, and the reason I highlight this provi- tem is under serious stress and there United States Code, to effectively re- sion—is the opportunity it will afford are frequently great delays in the proc- verse the results of the decision of the an individual with a terminal illnesses essing of claims. With these significant U.S. Court of Veterans Appeals in Dav- to convert his or her SGLI or VGLI delays, there often are awards of sig- enport v. Brown, 7 Vet. App. 476 (1995). policy, which can not otherwise be con- In the Davenport decision, the Court verted prior to death, to a commercial nificant back due benefits, dating back invalidated VA regulations relating to policy. The commercial policy would to when a claim was first filed, when eligibility for VA vocational rehabili- then be available for conversion to claims are finally awarded. However, tation benefits, holding that the VA cash through one of two means—accel- under current law, when a veteran dies regulations, which required the show- eration, in which an insured collects on while pursuing a claim for benefits, if ing of a connection between a veteran’s an insurance policy prior to death, or the claim is ultimately awarded, the service-connected disability and the the viatication process, in which an in- veteran’s survivors are limited to so- veteran’s employment handicap, were sured sells the policy to a viatical called accrued benefits, which are lim- not consistent with the underlying law. agent who collects at the time of the ited to a maximum of one year’s worth Because the facts of the case—in insured’s death. of benefits. This result applies, regard- less of what the size of the award would terms of the background of the veteran EXTENSION OF VETERANS’ CLAIMS claimant, his disability, the apparent ADJUDICATION COMMISSION have been had the veteran been able to lack of any employment handicap re- Mr. President, as one of the authors pursue the claim to its conclusion. lated to that disability, and the voca- of the legislation, enacted in Public This result frequently deprives survi- tional rehabilitation benefit he Law 103–446, which established the Vet- vors of significant benefits. sought—were so egregious and because erans’ Claims Adjudication Commis- Mr. President, I think this result is of the potential results of the Court’s sion, and as one of the Commission’s wrong and should be corrected. My decision on other claimants for voca- major proponents, I am delighted that preference is to eliminate the limit on tional rehabilitation benefits, many the compromise agreement, in section accrued benefits totally. However, seemed to challenge the validity of the 503, contains a provision which extends there is a need for more information on Court’s action. the Commission through the end of such an effort, especially the cost im- While I am fully supportive of the this year so as to enable it to complete plications, before it can move forward. provision in the compromise agree- its work. The preliminary report, sub- As a first step, therefore, I am pleased ment which will reverse the result of mitted by the Commission earlier this that the compromise agreement con- the decision, I think it is vital that all year, showed the depth and breadth of tains, in section 507, a provision which understand that the Court’s decision the Commission’s work and I look for- extends the period of accrued benefits was proper and completely correct. The ward with anticipation to the Commis- from 1 to 2 years. Court was not ruling on the merits of sion’s final report. Mr. President, in closing, I acknowl- the veteran claimant’s disability or on EXTENSION OF PERIOD OF VIETNAM ERA FOR edge the work of my colleagues in the the veteran’s need for vocational reha- CERTAIN VETERANS House, Chairman BOB STUMP and the bilitation services. Rather, the Court Mr. President, for purposes of veter- ranking minority member, SONNY was ruling on the narrow, legal ques- ans benefits, the ‘‘Vietnam era’’ is de- MONTGOMERY, and our committee’s tion—was VA’s regulation which was fined in title 38 as the period beginning chairman, Senator SIMPSON, in devel- being challenged authorized by the un- on August 5, 1964, and ending on May 7, oping the comprehensive legislation. derlying statutory scheme. 1975. The starting date is tied to the in- Mr. President, I thank the staff who Mr. President, reviewing the validity cident in the Gulf of Tonkin which led have worked extremely long and hard of VA regulations is just one of the to the adoption of the Tonkin Gulf Res- on this compromise—JILL COCHRAN, vital functions for which the Court was olution on August 7. However, prior to Beth Kiker, Pat Ryan, Mike Brinck, established, one that the Court carries that time, U.S. forces had been serving Kingston Smith, and others on the out very well. Rather than expressing in Vietnam for a number of years. House committee, and Bill Brew, Jim any concern about the Court’s decision Under current law, any individual who Gottlieb, Bill Tuerk, Chris Yoder, and in the Davenport case, we should ap- served in Vietnam but who left active Tom Harvey with the Senate commit- plaud the Court for its action in ruling duty prior to August 1964 is not consid- tee. I also thank Bob Cover and Charlie that VA had overstepped its legal au- ered a Vietnam era veteran. Armstrong of the House and Senate Of- thority in issuing the regulation in An effort has been underway in the fices of Legislative Counsel for their question. To the extent there was a Senate for a number of years, dating excellent assistance and support in problem in the law that the veteran in back to the early 1980’s, to amend title drafting the compromise agreement. that case sought to exploit—and there 38 to provide for an earlier starting Mr. NICKLES. Mr. President, I ask was—the fault lies with the Congress date for the Vietnam era for those vet- unanimous consent that the amend- for our failure to have included the re- erans who served in Vietnam. However, ment be agreed to, the committee quirement that there be a connection despite Senate passage on at least four amendment, as amended, be agreed to, between a veteran’s disability and em- prior occasions, the House has never the bill be deemed read a third time, ployment handicap when we revised agreed to this change. and passed, and the motion to recon- chapter 31 in 1980 in Public Law 96–466. Finally, Mr. President, we have, this sider be laid upon the table, and any CONVERSION OF CERTAIN VA LIFE INSURANCE year, reached agreement with our col- statements relating to the bill appear Mr. President, I am very pleased that leagues in the House and the com- at the appropriate place in the RECORD. the compromise agreement contains a promise agreement, in section 505, provision, in section 403, which would would amend the definition to provide The PRESIDING OFFICER. Without permit individuals covered by either of that the Vietnam era includes the pe- objection, it is so ordered. two VA insurance programs—SGLI, riod between February 28, 1961, and Au- The amendment (No. 5418) was agreed Servicemembers’ Group Life Insurance, gust 4, 1964, for those who served in to. and VGLI, Veterans’ Group Life Insur- Vietnam during that period. The date The committee amendment, as ance—to convert their policies to com- of February 28, 1961, was chosen be- amended, was agreed to. mercial policies at any time, rather cause that is the approximate date on The bill (S. 1711), as amended, was than, as under current law, being un- which American military advisers deemed read the third time and passed, able to convert a SGLI policy to any- began to accompany their Vietnamese as follows: S11786 CONGRESSIONAL RECORD — SENATE September 28, 1996 S. 1711 Sec. 405. Renaming of Servicemen’s Group ‘‘(B) is determined by the Secretary to be Be it enacted by the Senate and House of Rep- Life Insurance program. in need of rehabilitation because of a serious resentatives of the United States of America in Sec. 406. Technical amendment. employment handicap.’’. Congress assembled, TITLE V—DEPARTMENT OF VETERANS (c) PERIODS OF ELIGIBILITY.—Section 3103 is AFFAIRS ADMINISTRATIVE MATTERS amended— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) in subsection (b)(3), by striking out ‘‘de- Sec. 501. Revision of authority relating to (a) SHORT TITLE.—This Act may be cited as scribed in section 3102(1)(A)(i) of this title’’ Centers for Minority Veterans the ‘‘Veterans’ Benefits Improvements Act of and inserting in lieu thereof ‘‘rated at 10 per- and Women Veterans. 1996’’. cent or more’’; Sec. 502. Limitation on clothing allowance (b) TABLE OF CONTENTS.—The table of con- (2) in subsection (c)— tents of this Act is as follows: for incarcerated veterans. Sec. 503. Extension of Veterans’ Claims Ad- (A) in the matter preceding paragraph (1), Sec. 1. Short title; table of contents. judication Commission. by striking out ‘‘particular’’ and inserting in Sec. 2. References to title 38, United States Sec. 504. Pilot program for use of contract lieu thereof ‘‘current’’; and Code. physicians for disability exami- (B) in paragraph (2), by striking out ‘‘vet- TITLE I—EDUCATION BENEFITS nations. eran’s employment’’ and inserting in lieu thereof ‘‘veteran’s current employment’’; Sec. 101. Employment handicap for which an Sec. 505. Expansion of period of Vietnam era and individual may receive training for certain veterans. Sec. 506. Payment of benefit to surviving (3) in subsection (d), by striking out and rehabilitation assistance. ‘‘under this chapter’’ and inserting in lieu Sec. 102. Permanent authority for alter- spouse for month in which vet- eran dies. thereof ‘‘in accordance with the provisions of native teacher certification section 3120 of this title’’. programs. Sec. 507. Increase in period for which ac- crued benefits payable. (d) SCOPE OF SERVICES AND ASSISTANCE.— Sec. 103. Period of operation for approval. Section 3104 is amended— Sec. 104. Elimination of distinction between Sec. 508. Appointment of veterans service organizations as claimants’ rep- (1) in subsection (a)— open circuit TV and independ- (A) in paragraph (1)— ent study. resentatives. Sec. 509. Provision of copies of Board of Vet- (i) by striking out ‘‘such veteran’s disabil- Sec. 105. Cooperative programs. ity or disabilities cause’’ and inserting in Sec. 106. Enrollment of certain VEAP par- erans’ Appeals decisions. Sec. 510. Limitation on relocation or reduc- lieu thereof ‘‘the veteran has an employment ticipants in Montgomery GI tion in staffing of certain ele- handicap or’’; and Bill. ments of the Education Service (ii) by inserting ‘‘reasonably’’ after ‘‘goal Sec. 107. Montgomery GI Bill eligibility for of the Veterans Benefits Ad- is’’; certain active duty members of ministration. (B) in paragraph (7)(A)— Army and Air National Guard. (i) by striking out ‘‘(i)’’; and TITLE VI—OTHER MATTERS TITLE II—HOUSING AND MEMORIAL (ii) by striking out ‘‘, and (ii)’’ and all that AFFAIRS Sec. 601. Extension of certain authorities for follows through ‘‘such Act’’; and services for homeless veterans. Subtitle A—Housing (C) in paragraph (12), by striking out ‘‘For Sec. 602. Repair and long-term maintenance the most severely disabled veterans requir- Sec. 201. Extension of enhanced loan asset of war memorials. ing’’ and inserting in lieu thereof ‘‘For veter- sale authority. TITLE VII—COMMISSION ON ans with the most severe service-connected Sec. 202. Direct loans to refinance loans SERVICEMEMBERS AND VETERANS disabilities who require’’; and under Native American veteran TRANSITION ASSISTANCE (2) by striking out subsection (b) and redes- housing loan pilot program. Sec. 701. Establishment of Commission. ignating subsection (c) as subsection (b). Subtitle B—Memorial Affairs Sec. 702. Duties of Commission. (e) DURATION OF REHABILITATION PRO- Sec. 211. Clarification of eligibility of mi- Sec. 703. Powers of Commission. GRAMS.—Paragraph (1) of section 3105(c) is nors for burial in national Sec. 704. Miscellaneous administrative pro- amended by striking out ‘‘veteran’s employ- cemeteries. visions. ment’’ and inserting in lieu thereof ‘‘veter- Sec. 212. Burial benefits for certain veterans Sec. 705. Commission personnel matters. an’s current employment’’. (f) INITIAL AND EXTENDED EVALUATIONS; who die in State nursing homes. Sec. 706. Termination of Commission. DETERMINATIONS REGARDING SERIOUS EM- Sec. 213. Outer burial receptacles. Sec. 707. Definitions. Sec. 708. Funding. PLOYMENT HANDICAP.—(1) Section 3106 is TITLE III—EMPLOYMENT AND TRAINING SEC. 2. REFERENCES TO TITLE 38, UNITED amended— Subtitle A—Veterans’ Employment and STATES CODE. (A) in subsection (a), by striking out ‘‘de- Training Except as otherwise expressly provided, scribed in clause (i) or (ii) of section Sec. 301. Regional Administrator. whenever in this Act an amendment or re- 3102(1)(A) of this title’’ and inserting in lieu Sec. 302. Support personnel for Directors of peal is expressed in terms of an amendment thereof ‘‘rated at 10 percent or more’’; Veterans’ Employment and to or repeal of a section or other provision, (B) in subsection (b), by striking out Training. the reference shall be considered to be made ‘‘counseling in accordance with’’; Sec. 303. Pilot program to integrate and to a section or other provision of title 38, (C) in subsection (c), by striking out ‘‘with extended’’ and inserting in lieu thereof ‘‘with streamline functions of local United States Code. an extended’’; and veterans’ employment rep- TITLE I—EDUCATION BENEFITS (D) by redesignating subsections (d) and (e) resentatives. SEC. 101. EMPLOYMENT HANDICAP FOR WHICH as subsections (e) and (f), respectively, and Subtitle B—Technical Amendments Relating AN INDIVIDUAL MAY RECEIVE inserting after subsection (c) the following to the Uniformed Services Employment TRAINING AND REHABILITATION AS- new subsection: and Reemployment Rights Act of 1994 SISTANCE. ‘‘(d) In any case in which the Secretary has (a) DEFINITIONS.—Section 3101 is amended— Sec. 311. Amendments to chapter 43 of title determined that a veteran has a serious em- (1) in paragraph (1), by inserting ‘‘, result- 38, United States Code. ployment handicap and also determines, fol- ing in substantial part from a disability de- Sec. 312. Amendments to transition rules lowing such initial and any such extended scribed in section 3102(1)(A) of this title,’’ and effective dates. evaluation, that achievement of a vocational after ‘‘impairment’’; Sec. 313. Effective dates. goal currently is not reasonably feasible, the (2) in paragraph (6), by inserting ‘‘author- Secretary shall determine whether the vet- TITLE IV—VETERANS LIFE INSURANCE ized under section 3120 of this title’’ after eran is capable of participating in a program PROGRAMS ‘‘assistance’’; and of independent living services and assistance Sec. 401. Short title. (3) in paragraph (7), by inserting ‘‘, result- under section 3120 of this title.’’. Sec. 402. Merger of Retired Reserve ing in substantial part from a service-con- (2) Chapter 31 is amended— Servicemembers’ Group Life In- nected disability rated at 10 percent or (A) in section 3107(c)(2), by striking out surance and Veterans’ Group more,’’ after ‘‘impairment’’. ‘‘3106(e)’’ and inserting in lieu thereof Life Insurance and extension of (b) BASIC ENTITLEMENT.—Section 3102 is ‘‘3106(f)’’; Veterans’ Group Life Insurance amended— (B) in section 3109, by striking out to members of the Ready Re- (1) in paragraph (1)(A)(i), by striking out ‘‘3106(d)’’ and inserting in lieu thereof serve. ‘‘which is’’ and all that follows through ‘‘3106(e)’’; Sec. 403. Conversion of SGLI and VGLI to ‘‘chapter 11 of this title and’’ and inserting (C) in section 3118(c), by striking out commercial life insurance pol- in lieu thereof ‘‘rated at 20 percent or more’’; ‘‘3106(e)’’ and inserting in lieu thereof icy. (2) in paragraph (2)(A), by striking out ‘‘3106(f)’’; and Sec. 404. Information to be provided mem- ‘‘which is’’ and all that follows through (D) in section 3120(b), by striking out bers concerning automatic ‘‘chapter 11 of this title and’’ and inserting ‘‘3106(d)’’ and inserting in lieu thereof maximum coverage of $200,000 in lieu thereof ‘‘rated at 10 percent’’; and ‘‘3106(d) or (e)’’. under Servicemen’s Group Life (3) by amending paragraph (2)(B) to read as (g) ALLOWANCES.—Section 3108 is amend- Insurance. follows: ed— September 28, 1996 CONGRESSIONAL RECORD — SENATE S11787 (1) in subsection (a)(2), by striking out eral locality, the educational institution nating subsections (e) and (f) as subsections ‘‘following the conclusion of such pursuit’’ does not retain substantially the same fac- (d) and (e), respectively. and inserting in lieu thereof ‘‘while satisfac- ulty, student body, and courses as before the (c) CHAPTER 35.—Subsection (b) of section torily following a program of employment change in ownership or the move outside the 3532 is amended by striking out ‘‘$327’’ and services provided under section 3104(a)(5) of general locality (as determined in accord- inserting in lieu thereof ‘‘$404’’. this title’’; and ance with regulations the Secretary shall (d) CHAPTER 1606.—Section 16131 of title 10, (2) in subsection (f)(1)— prescribe) unless the educational institution United States Code, is amended— (A) in subparagraph (A)— following such change or move has been in (1) by striking out subsection (e) and redes- (i) by inserting ‘‘eligible for and’’ after operation for at least two years. ignating subsections (f), (g), (h), (i), and (j) as ‘‘veteran is’’; ‘‘(f) The Secretary may not approve the en- subsections (e), (f), (g), (h), and (i), respec- (ii) by striking out ‘‘chapter 30 or 34’’ and rollment of an eligible veteran in a course as tively; and inserting in lieu thereof ‘‘chapter 30’’; and a part of a program of education offered by (2) in subsection (b)(1), by striking out (iii) by striking out ‘‘either chapter 30 or an educational institution if the course is ‘‘(g)’’ and inserting in lieu thereof ‘‘(f)’’. chapter 34’’ and inserting in lieu thereof provided under contract by another edu- SEC. 106. ENROLLMENT OF CERTAIN VEAP PAR- ‘‘chapter 30’’; and cational institution or entity and— TICIPANTS IN MONTGOMERY GI BILL. (B) in subparagraph (B), by striking out ‘‘(1) the Secretary would be barred under (a) IN GENERAL.—Subchapter II of chapter ‘‘chapter 30 or 34’’ and inserting in lieu subsection (e) from approving the enrollment 30 is amended by inserting after section thereof ‘‘chapter 30’’. of an eligible veteran in the course of the 3018B the following new section: (h) EMPLOYMENT ASSISTANCE.—Paragraph educational institution or entity providing (1) of section 3117(a) is amended by inserting the course under contract; or ‘‘§ 3018C. Opportunity for certain VEAP par- ‘‘rated at 10 percent or more’’ after ‘‘disabil- ‘‘(2) the educational institution or entity ticipants to enroll ity’’. providing the course under contract has not ‘‘(a) Notwithstanding any other provision (i) PROGRAM OF INDEPENDENT LIVING SERV- obtained approval for the course under this of law, an individual who— ICES AND ASSISTANCE.—Section 3120 is chapter. ‘‘(1) is a participant on the date of the en- amended— ‘‘(g) Notwithstanding subsections (e) and actment of the Veterans’ Benefits Improve- (1) in subsection (b), by striking out ‘‘serv- (f), the Secretary may approve the enroll- ments Act of 1996 in the educational benefits ice-connected disability described in section ment of an eligible veteran in a course ap- program provided by chapter 32 of this title; 3102(1)(A)’’ and inserting in lieu thereof ‘‘se- proved under this chapter if the course is of- ‘‘(2) is serving on active duty (excluding rious employment handicap resulting in sub- fered by an educational institution under the periods referred to in section 3202(1)(C) of stantial part from a service-connected dis- contract with the Department of Defense or this title) on such date; ability described in section 3102(1)(A)(i)’’; the Department of Transportation and is ‘‘(3) before applying for benefits under this and given on or immediately adjacent to a mili- section, has completed the requirements of a (2) in subsection (d), by striking out ‘‘and tary base, Coast Guard station, National secondary school diploma (or equivalency (b)’’. Guard facility, or facility of the Selected Re- certificate) or has successfully completed (j) EFFECTIVE DATE.—(1) Except as provided serve.’’. the equivalent of 12 semester hours in a pro- in paragraph (2), the amendments made by (c) APPROVAL OF ACCREDITED COURSES.— gram of education leading to a standard col- this section shall take effect on the date of Subsection (b) of section 3675 is amended to lege degree; the enactment of this Act. ‘‘(4) if discharged or released from active (2) The amendments made by subsection read as follows: ‘‘(b) As a condition of approval under this duty during the one-year period specified in (a) (other than paragraph (2)), subsection (d) paragraph (5), is discharged or released (other than subparagraphs (A) and (B) of section, the State approving agency must find the following: therefrom with an honorable discharge; and paragraph (1)), and subsection (i) shall only ‘‘(5) during the one-year period beginning apply with respect to claims of eligibility or ‘‘(1) The educational institution keeps ade- quate records, as prescribed by the State ap- on the date of the enactment of the Veter- entitlement to services and assistance (in- ans’ Benefits Improvements Act of 1996, cluding claims for extension of such services proving agency, to show the progress and makes an irrevocable election to receive ben- and assistance) under chapter 31 of title 38, grades of the eligible person or veteran and efits under this section in lieu of benefits United States Code, received by the Sec- to show that satisfactory standards relating under chapter 32 of this title, pursuant to retary of Veterans Affairs on or after the to progress and conduct are enforced. procedures which the Secretary of each mili- date of the enactment of this Act, including ‘‘(2) The educational institution maintains those claims based on original applications, a written record of the previous education tary department shall provide in accordance and applications seeking to reopen, revise, and training of the eligible person or veteran with regulations prescribed by the Secretary reconsider, or otherwise adjudicate or re- that clearly indicates that appropriate credit of Defense for the purpose of carrying out adjudicate on any basis claims for services has been given by the educational institu- this section or which the Secretary of Trans- and assistance under such chapter. tion for previous education and training, portation shall provide for such purpose with SEC. 102. PERMANENT AUTHORITY FOR ALTER- with the training period shortened propor- respect to the Coast Guard when it is not op- NATIVE TEACHER CERTIFICATION tionately. erating as a service in the Navy; PROGRAMS. ‘‘(3) The educational institution and its ap- may elect to become entitled to basic edu- Subsection (c) of section 3452 is amended proved courses meet the criteria of para- cational assistance under this chapter. by striking out ‘‘For the period ending on graphs (1), (2), and (3) of section 3676(c) of ‘‘(b) With respect to an individual who September 30, 1996, such’’ and inserting in this title.’’. makes an election under subsection (a) to be- lieu thereof ‘‘Such’’. come entitled to basic education assistance SEC. 104. ELIMINATION OF DISTINCTION BE- SEC. 103. PERIOD OF OPERATION FOR AP- TWEEN OPEN CIRCUIT TV AND INDE- under this chapter— PROVAL. PENDENT STUDY. ‘‘(1) the basic pay of the individual shall be (a) IN GENERAL.—(1) Chapter 36 is amend- (a) VETERANS’ EDUCATIONAL ASSISTANCE reduced (in a manner determined by the Sec- ed— PROGRAM.—Subsection (f) of section 3482 is retary of Defense) until the total amount by (A) by striking out section 3689; and amended by striking out ‘‘in part’’. which such basic pay is reduced is $1,200; or (B) by striking out the item relating to (b) SURVIVORS’ AND DEPENDENTS’ EDU- ‘‘(2) to the extent that basic pay is not so section 3689 in the table of sections at the be- CATIONAL ASSISTANCE.—Section 3523 is reduced before the individual’s discharge or ginning of such chapter. amended— release from active duty as specified in sub- (2) Subparagraph (C) of section 3680A(d)(2) (1) in subsection (a)(4), by inserting ‘‘(in- section (a)(4), the Secretary shall collect is amended by striking out ‘‘3689(b)(6) of this cluding open circuit television)’’ after ‘‘inde- from the individual an amount equal to the title’’ and inserting in lieu thereof ‘‘sub- pendent study program’’ the second place it difference between $1,200 and the total section (g)’’. appears; and amount of reductions under paragraph (1), (b) DISAPPROVAL OF ENROLLMENT IN CER- (2) in subsection (c), by striking out which shall be paid into the Treasury of the TAIN COURSES.—Section 3680A is amended by ‘‘radio’’ and all that follows through the end United States as miscellaneous receipts. adding after subsection (d) the following new ‘‘(c)(1) Except as provided in paragraph (3), and inserting in lieu thereof ‘‘radio.’’. subsections: an individual who is enrolled in the edu- (c) ADMINISTRATION OF EDUCATIONAL BENE- ‘‘(e) The Secretary may not approve the cational benefits program provided by chap- FITS.—Subsection (c) of section 3680A is enrollment of an eligible veteran in a course ter 32 of this title and who makes the elec- amended by striking out ‘‘radio’’ and all that not leading to a standard college degree of- tion described in subsection (a)(5) shall be fered by a proprietary profit or proprietary follows through the end and inserting in lieu disenrolled from such chapter 32 program as nonprofit educational institution if— thereof ‘‘radio.’’. of the date of such election. ‘‘(1) the educational institution has been SEC. 105. COOPERATIVE PROGRAMS. ‘‘(2) For each individual who is disenrolled operating for less than two years; (a) CHAPTER 30.—Section 3032 is amended from such program, the Secretary shall re- ‘‘(2) the course is offered at a branch of the by striking out subsection (d) and redesig- fund— educational institution and the branch has nating subsections (e) and (f) as subsections ‘‘(A) to the individual, as provided in sec- been operating for less than two years; or (d) and (e), respectively. tion 3223(b) of this title and subject to sub- ‘‘(3) following either a change in ownership (b) CHAPTER 32.—Section 3231 is amended section (b)(2) of this section, the unused con- or a complete move outside its original gen- by striking out subsection (d) and redesig- tributions made by the individual to the S11788 CONGRESSIONAL RECORD — SENATE September 28, 1996 Post-Vietnam Era Veterans Education Ac- (3) In the case of any individual making an ‘‘(ii) nursing home care under section 1720 count established pursuant to section 3222(a) election under paragraph (1), the 10-year pe- of this title; or of this title; and riod referred to in section 3031 of such title ‘‘(iii) nursing home care for which pay- ‘‘(B) to the Secretary of Defense the un- shall begin on the later of— ments are made under section 1741 of this used contributions (other than contributions (A) the date determined under such section title.’’. made under section 3222(c) of this title) made 3031; or SEC. 213. OUTER BURIAL RECEPTACLES. by such Secretary to the Account on behalf (B) the date on which the election under of such individual. paragraph (1) becomes effective. (a) IN GENERAL.—Subsection (d) of section 2306 is amended— ‘‘(3) Any contribution made by the Sec- TITLE II—HOUSING AND MEMORIAL (1) in paragraph (1), by striking out ‘‘a retary of Defense to the Post-Vietnam Era AFFAIRS grave liner’’ each place it appears and insert- Veterans Education Account pursuant to Subtitle A—Housing subsection (c) of section 3222 of this title on ing in lieu thereof ‘‘an outer burial recep- behalf of any individual referred to in para- SEC. 201. EXTENSION OF ENHANCED LOAN ASSET tacle’’; SALE AUTHORITY. (2) in paragraph (2)— graph (1) shall remain in such account to Paragraph (2) of section 3720(h) is amended make payments of benefits to such individ- (A) by striking out ‘‘grave liners’’ and in- by striking out ‘‘December 31, 1996’’ and in- serting in lieu thereof ‘‘outer burial recep- ual under section 3015(f) of this title. serting in lieu thereof ‘‘December 31, 1997’’. ‘‘(d) The procedures provided in regula- tacles’’; and tions referred to in subsection (a) shall pro- SEC. 202. DIRECT LOANS TO REFINANCE LOANS (B) by striking out ‘‘specifications and pro- UNDER NATIVE AMERICAN VETERAN cedures’’ and inserting in lieu thereof ‘‘regu- vide for notice of the requirements of sub- HOUSING LOAN PILOT PROGRAM. lations or procedures’’; and paragraphs (B), (C), and (D) of section (a) AUTHORITY.—Section 3762 is amended— (3) by adding at the end the following: 3011(a)(3) and of subparagraph (A) of section (1) by redesignating subsection (h) as sub- 3012(a)(3) of this title. Receipt of such notice section (i); and ‘‘(3) Regulations or procedures under para- shall be acknowledged in writing.’’. (2) by inserting after subsection (g) the fol- graph (2) may specify that— (b) CONFORMING AMENDMENTS.—(1) The lowing new subsection (h): ‘‘(A) an outer burial receptacle other than table of sections at the beginning of chapter ‘‘(h)(1) The Secretary may make direct a grave liner be provided in lieu of a grave 30 is amended by inserting after the item re- loans to Native American veterans in order liner at the election of the survivors of the lating to section 3018B the following new to enable such veterans to refinance existing interred veteran; and item: loans made under this section. ‘‘(B) if an outer burial receptacle other ‘‘3018C. Opportunity for certain VEAP par- ‘‘(2)(A) The Secretary may not make a loan than a grave liner is provided in lieu of a ticipants to enroll.’’. under this subsection unless the loan meets grave liner upon an election of such survi- (2) Subsection (d) of section 3013 is amend- the requirements set forth in subparagraphs vors, such survivors be required— ed by striking out ‘‘or 3018B’’ and inserting (B), (C), and (E) of paragraph (1) of section ‘‘(i) to pay the amount by which the cost of in lieu thereof ‘‘, 3018B, or 3018C’’. 3710(e) of this title. the outer burial receptacle exceeds the cost (3) Subsection (f) of section 3015 is amended ‘‘(B) The Secretary may not make a loan of the grave liner that would otherwise have by inserting ‘‘, 3018B, or 3018C’’ after ‘‘sec- under this subsection unless the loan will been provided in the absence of the election; tion 3018A’’. bear an interest rate at least one percentage and (c) TRANSFER OF EDUCATIONAL ASSISTANCE point less than the interest rate borne by the ‘‘(ii) to pay the amount of the administra- FUNDS.—(1) Subparagraph (B) of section loan being refinanced. tive costs incurred by the Secretary (or, with 3232(b)(2) is amended— ‘‘(C) Paragraphs (2) and (3) of such section respect to Arlington National Cemetery, the (A) by striking out ‘‘, for the purposes of 3710(e) shall apply to any loan made under Secretary of the Army) in providing the section 1322(a) of title 31,’’; and this subsection, except that for the purposes outer burial receptacle in lieu of such grave (B) by striking out ‘‘as provided in such of this subsection the reference to subsection liner. section’’ and inserting in lieu thereof ‘‘to the (a)(8) of section 3710 of this title in such ‘‘(4) Regulations or procedures under para- Secretary for payments for entitlement paragraphs (2) and (3) shall be deemed to be graph (2) may provide for the use of a vouch- earned under subchapter II of chapter 30’’. a reference to this subsection.’’. er system, or other system of reimbursement (2) Paragraph (1) of section 3035(b) is (b) LOAN FEE.—Section 3729(a)(2)(E) is approved by the Secretary (or, with respect amended by inserting before the period at amended by striking out ‘‘or 3712(a)(1)(F)’’ to Arlington National Cemetery, the Sec- the end the following: ‘‘and from transfers and inserting in lieu thereof ‘‘3712(a)(1)(F), or retary of the Army), for payment for outer from the Post-Vietnam Era Veterans Edu- 3762(h)’’. burial receptacles other than grave liners cation Account pursuant to section Subtitle B—Memorial Affairs provided under such regulations or proce- 3232(b)(2)(B) of this title’’. SEC. 211. CLARIFICATION OF ELIGIBILITY OF MI- dures.’’. SEC. 107. MONTGOMERY GI BILL ELIGIBILITY NORS FOR BURIAL IN NATIONAL (b) CONFORMING AMENDMENTS.—(1) The FOR CERTAIN ACTIVE DUTY MEM- CEMETERIES. heading of such section is amended to read BERS OF ARMY AND AIR NATIONAL Section 2402(5) is amended by inserting as follows: GUARD. after ‘‘minor child’’ the following: ‘‘(which (a) IN GENERAL.—Paragraph (7) of section for purposes of this chapter includes a child ‘‘§ 2306. Headstones, markers, and burial re- 3002 is amended by striking out ‘‘November under 21 years of age, or under 23 years of ceptacles’’. 29, 1989’’ and inserting in lieu thereof ‘‘June age if pursuing a course of instruction at an (2) The table of sections at the beginning of 30, 1985’’. approved educational institution)’’. chapter 23 is amended by striking out the (b) APPLICATION.—(1) An individual may SEC. 212. BURIAL BENEFITS FOR CERTAIN VET- only become eligible for benefits under chap- item relating to section 2306 and inserting in ERANS WHO DIE IN STATE NURSING lieu thereof the following new item: ter 30 of title 38, United States Code, as a re- HOMES. sult of the amendment made by subsection Subsection (a) of section 2303 is amended to ‘‘2306. Headstones, markers, and burial recep- (a) by making an election to become entitled read as follows: tacles.’’. to basic educational assistance under such ‘‘(a)(1) When a veteran dies in a facility de- TITLE III—EMPLOYMENT AND TRAINING chapter. The election may only be made dur- scribed in paragraph (2), the Secretary ing the nine-month period beginning on the shall— Subtitle A—Veterans’ Employment and date of the enactment of this Act and in the ‘‘(A) pay the actual cost (not to exceed Training manner required by the Secretary of De- $300) of the burial and funeral or, within such SEC. 301. REGIONAL ADMINISTRATOR. fense. limits, may make contracts for such services (2) In the case of any individual making an without regard to the laws requiring adver- Paragraph (1) of section 4102A(e) is amend- election under paragraph (1)— tisement for proposals for supplies and serv- ed by adding at the end the following: ‘‘Each (A) the basic pay of an individual who, ices for the Department; and Regional Administrator appointed after the while a member of the Armed Forces, makes ‘‘(B) when such a death occurs in a State, date of the enactment of the Veterans’ Bene- an election under paragraph (1) shall be re- transport the body to the place of burial in fits Improvements Act of 1996 shall be a vet- duced (in a manner determined by the Sec- the same or any other State. eran.’’. retary of Defense) until the total amount by ‘‘(2) A facility described in this paragraph SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS which such basic pay is reduced is $1,200; or is— OF VETERANS’ EMPLOYMENT AND (B) to the extent that basic pay is not so ‘‘(A) a Department facility (as defined in TRAINING. reduced before the individual’s discharge or section 1701(4) of this title) to which the de- Subsection (a) of section 4103 is amended— release from active duty, the Secretary of ceased was properly admitted for hospital, (1) in the first sentence, by striking out Veterans Affairs shall collect from an indi- nursing home, or domiciliary care under sec- ‘‘full-time Federal clerical support’’ and in- vidual who makes such an election an tion 1710 or 1711(a) of this title; or serting in lieu thereof ‘‘full-time Federal amount equal to the difference between ‘‘(B) an institution at which the deceased clerical or other support personnel’’; and $1,200 and the total amount of reductions veteran was, at the time of death, receiv- (2) in the third sentence, by striking out under subparagraph (A), which amount shall ing— ‘‘Full-time Federal clerical support person- be paid into the Treasury as miscellaneous ‘‘(i) hospital care in accordance with sec- nel’’ and inserting in lieu thereof ‘‘Full-time receipts. tion 1703 of this title; Federal clerical or other support personnel’’. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11789 SEC. 303. PILOT PROGRAM TO INTEGRATE AND or 1999 to carry out section 4102A(b)(5) of gency declared by the President or the Con- STREAMLINE FUNCTIONS OF LOCAL title 38, United States Code, with respect to gress, as determined by the Secretary con- VETERANS’ EMPLOYMENT REP- a State designated by the Secretary of Labor cerned;’’; RESENTATIVES. pursuant to subsection (d) shall be available (III) by striking out ‘‘section 673b’’ in sub- (a) AUTHORITY TO CONDUCT PILOT PRO- to carry out the pilot program during that paragraph (C) and inserting in lieu thereof GRAM.—In order to assess the effects on the fiscal year with respect to that State. ‘‘section 12304’’; and timeliness and quality of services to veter- (h) EXPIRATION DATE.—The authority to (IV) by striking out ‘‘section 3500 or 8500’’ ans resulting from re-focusing the staff re- carry out the pilot program under this sec- in subparagraph (E) and inserting in lieu sources of local veterans’ employment rep- tion shall expire on October 1, 1999. thereof ‘‘section 12406’’; and resentatives, the Secretary of Labor may Subtitle B—Technical Amendments Relating (C) in subsection (d)(2)(C), by striking out conduct a pilot program under which the pri- ‘‘is brief or for a nonrecurrent period and mary responsibilities of local veterans’ em- to the Uniformed Services Employment and Reemployment Rights Act of 1994 without a reasonable expectation’’ and in- ployment representatives will be case man- serting in lieu thereof ‘‘is for a brief, non- agement and the provision and facilitation of SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE recurrent period and there is no reasonable 38, UNITED STATES CODE. direct employment and training services to expectation’’. Chapter 43 is amended as follows: veterans. (5) Section 4313(a)(4) is amended— (b) AUTHORITIES UNDER CHAPTER 41.—To (1) Section 4301(a)(2) is amended by strik- (A) by striking out ‘‘uniform services’’ in implement the pilot program, the Secretary ing out ‘‘under honorable conditions’’. subparagraph (A)(ii) and inserting in lieu of Labor may suspend or limit application of (2) Section 4303(16) is amended by inserting thereof ‘‘uniformed services’’; and those provisions of chapter 41 of title 38, ‘‘national’’ before ‘‘emergency’’. (B) by striking out ‘‘of lesser status and United States Code (other than sections (3) Section 4311 is amended by striking out pay which’’ and inserting in lieu thereof 4104(b)(1) and (c)) that pertain to the Local subsections (b) and (c) and inserting in lieu ‘‘which is the nearest approximation to a po- Veterans’ Employment Representative Pro- thereof the following: sition referred to first in clause (A)(i) and gram in States designated by the Secretary ‘‘(b) An employer may not discriminate in then in clause (A)(ii) which’’. under subsection (d), except that the Sec- employment against or take any adverse em- (6) Section 4316(d) is amended by adding at retary may use the authority of such chap- ployment action against any person because the end the following new sentence: ‘‘No em- ter, as the Secretary may determine, in con- such person (1) has taken an action to en- ployer may require any such person to use junction with the authority of this section, force a protection afforded any person under vacation, annual, or similar leave during to carry out the pilot program. The Sec- this chapter, (2) has testified or otherwise such period of service.’’. retary may collect such data as the Sec- made a statement in or in connection with (7) Section 4317(a) is amended— retary considers necessary for assessment of any proceeding under this chapter, (3) has as- (A) by striking out ‘‘(a)(1)(A) Subject to the pilot program. The Secretary shall meas- sisted or otherwise participated in an inves- paragraphs (2) and (3), in’’ and inserting in ure and evaluate on a continuing basis the tigation under this chapter, or (4) has exer- lieu thereof ‘‘(a)(1) In’’; effectiveness of the pilot program in achiev- cised a right provided for in this chapter. (B) by redesignating clauses (i) and (ii) of ing its stated goals in general, and in achiev- The prohibition in this subsection shall paragraph (1) (as amended by subparagraph ing such goals in relation to their cost, their apply with respect to a person regardless of (A) of this paragraph) as subparagraphs (A) effect on related programs, and their struc- whether that person has performed service in and (B), respectively; ture and mechanisms for delivery of services. the uniformed services. (C) by redesignating subparagraph (B) as (c) TARGETED VETERANS.—Within the pilot ‘‘(c) An employer shall be considered to program, eligible veterans who are among paragraph (2); and have engaged in actions prohibited— (D) by redesignating subparagraph (C) as groups most in need of intensive services, in- ‘‘(1) under subsection (a), if the person’s cluding disabled veterans, economically dis- paragraph (3), and in that paragraph by re- membership, application for membership, designating clauses (i) and (ii) as subpara- advantaged veterans, and veterans separated service, application for service, or obligation within the previous four years from active graphs (A) and (B), respectively, and by re- for service in the uniformed services is a mo- designating subclauses (I) and (II) as clauses military, naval, or air service shall be given tivating factor in the employer’s action, un- priority for service by local veterans’ em- (i) and (ii), respectively. less the employer can prove that the action ployment representatives. Priority for the (8) The last sentence of section 4318(b)(2) is would have been taken in the absence of such provision of service shall be given first to amended by striking out ‘‘services,’’ and in- membership, application for membership, disabled veterans and then to the other cat- serting in lieu thereof ‘‘services, such pay- service, application for service, or obligation egories of veterans most in need of intensive ment period’’. for service; or services in accordance with priorities deter- (9) Section 4322 is amended— ‘‘(2) under subsection (b), if the person’s mined by the Secretary of Labor in consulta- (A) in the second sentence of subsection (d) (A) action to enforce a protection afforded tion with appropriate State labor authori- by inserting ‘‘attempt to’’ before ‘‘resolve’’; any person under this chapter, (B) testimony ties. and or making of a statement in or in connection (d) STATES DESIGNATED.—The pilot pro- (B) in subsection (e)— gram shall be limited to not more than five with any proceeding under this chapter, (C) (i) in the matter preceding paragraph (1), States to be designated by the Secretary of assistance or other participation in an inves- by striking out ‘‘with respect to a complaint Labor. tigation under this chapter, or (D) exercise under subsection (d) are unsuccessful,’’ and (e) REPORTS TO CONGRESS.—(1) Not later of a right provided for in this chapter, is a inserting in lieu thereof ‘‘with respect to any than one year after the date of the enact- motivating factor in the employer’s action, complaint filed under subsection (a) do not ment of this Act, the Secretary of Labor unless the employer can prove that the ac- resolve the complaint,’’; and shall submit to the Committees on Veterans’ tion would have been taken in the absence of (ii) in paragraph (2), by inserting ‘‘or the Affairs of the Senate and the House of Rep- such person’s enforcement action, testi- Office of Personnel Management’’ after resentatives an interim report describing in mony, statement, assistance, participation, ‘‘Federal executive agency’’. detail the development and implementation or exercise of a right. (10) Section 4323(a) is amended— of the pilot program on a State by State ‘‘(d) The prohibitions in subsections (a) and (A) in paragraph (1), by striking out ‘‘of an basis. (b) shall apply to any position of employ- unsuccessful effort to resolve a complaint’’; (2) Not later than 120 days after the expira- ment, including a position that is described and tion of this section under subsection (h), the in section 4312(d)(1)(C) of this title.’’. (B) in paragraph (2)(A), by striking out Secretary of Labor shall submit to the Com- (4) Section 4312 is amended— ‘‘regarding the complaint under section mittees on Veterans’ Affairs of the Senate (A) in subsection (a), by striking out ‘‘who 4322(c)’’ and inserting in lieu thereof ‘‘under and the House of Representatives a final re- is absent from a position of employment’’ section 4322(a)’’. port evaluating the results of the pilot pro- and inserting in lieu thereof ‘‘whose absence (11) Section 4324 is amended— gram and make recommendations based on from a position of employment is neces- (A) in subsection (a)(1), by striking out ‘‘of the evaluation, which may include legisla- sitated’’; an unsuccessful effort to resolve a complaint tive recommendations. (B) in subsection (c)— relating to a Federal executive agency’’; (f) DEFINITIONS.—For the purposes of this (i) by striking out ‘‘section 270’’ in para- (B) in subsection (b)— section: graph (3) and inserting in lieu thereof ‘‘sec- (i) in the matter preceding paragraph (1), (1) The term ‘‘veteran’’ has the meaning tion 10147’’; and by inserting ‘‘or the Office of Personnel Man- given such term by section 101(2) of title 38, (ii) in paragraph (4)— agement’’ after ‘‘Federal executive agency’’; United States Code. (I) by striking out ‘‘section 672(a), 672(g), and (2) The term ‘‘disabled veteran’’ has the 673, 673b, 673c, or 688’’ in subparagraph (A) (ii) in paragraph (1), by striking out ‘‘re- meaning given such term by section 4211(3) and inserting in lieu thereof ‘‘section 688, garding a complaint under section 4322(c)’’ of such title. 12301(a), 12301(g), 12302, 12304, or 12305’’; and inserting in lieu thereof ‘‘under section (3) The term ‘‘active military, naval, or air (II) by amending subparagraph (B) to read 4322(a)’’; and service’’ has the meaning given such term by as follows: (C) in subsection (c)(2)— section 101(24) of such title. ‘‘(B) ordered to or retained on active duty (i) by inserting ‘‘or the Office of Personnel (g) ALLOCATION OF FUNDS.—Any amount (other than for training) under any provision Management’’ after ‘‘Federal executive agen- otherwise available for fiscal year 1997, 1998, of law because of a war or national emer- cy’’; and S11790 CONGRESSIONAL RECORD — SENATE September 28, 1996 (ii) by striking out ‘‘employee’’ and insert- Reserves meets the qualifications of section ‘‘(2) If any person insured under Veterans’ ing in lieu thereof ‘‘Office’’. 1965(5)(D) of this title,’’; and Group Life Insurance again becomes insured (12) Section 4325(d)(1) is amended— (2) by striking out subsection (d). under Servicemembers’ Group Life Insurance (A) by striking out ‘‘, alternative employ- (c) DURATION AND TERMINATION OF COV- but dies before terminating or converting ment in the Federal Government under this ERAGE.—Section 1968 is amended— such person’s Veterans’ Group Insurance, chapter,’’; and (1) in subsection (a)— Veterans’ Group Life Insurance shall be pay- (B) by striking out ‘‘employee’’ the last (A) by striking out ‘‘subparagraph (B), (C), able only if such person is insured for less place it appears and inserting in lieu thereof or (D) of section 1965(5)’’ in the matter pre- than $200,000 under Servicemembers’ Group ‘‘employees’’. ceding paragraph (1) and inserting in lieu Life Insurance, and then only in an amount (13) Section 4326(a) is amended by inserting thereof ‘‘section 1965(5)(B)’’; which, when added to the amount of ‘‘have reasonable access to and the right to (B) by striking out the period at the end of Servicemembers’ Group Life Insurance pay- interview persons with information relevant paragraphs (1) and (2) and inserting in lieu able, does not exceed $200,000.’’; and to the investigation and shall’’ after ‘‘at all thereof a semicolon; (2) in subsection (e)— reasonable times,’’. (C) by striking out the period at the end of (A) in the first sentence, by inserting ‘‘at SEC. 312. AMENDMENTS TO TRANSITION RULES paragraph (3) and inserting in lieu thereof ‘‘; any time’’ after ‘‘shall have the right’’; and AND EFFECTIVE DATES. and’’; (B) by striking out the third sentence and (a) REEMPLOYMENT.—Section 8(a) of the (D) in paragraph (4)— inserting in lieu thereof the following: ‘‘The Uniformed Services Employment and Reem- (i) by striking out ‘‘one hundred and twen- Veterans’ Group Life Insurance policy con- ployment Rights Act of 1994 (Public Law 103– ty days after’’ in the matter preceding sub- verted to an individual policy under this sub- 353; 108 Stat. 3175; 38 U.S.C. 4301 note) is paragraph (A) and all that follows through section shall terminate on the day before the amended— ‘‘(A) unless on’’ and inserting in lieu thereof date on which the individual policy becomes (1) in paragraph (3), by adding at the end ‘‘120 days after separation or release from effective.’’. thereof the following: ‘‘Any service begun up such assignment, unless on’’; SEC. 404. INFORMATION TO BE PROVIDED MEM- to 60 days after the date of the enactment of (ii) by striking out ‘‘prior to the expiration BERS CONCERNING AUTOMATIC this Act, which is served up to 60 days after of one hundred and twenty days’’ and insert- MAXIMUM COVERAGE OF $200,000 the date of the enactment of this Act pursu- ing in lieu thereof ‘‘before the end of 120 UNDER SERVICEMEN’S GROUP LIFE INSURANCE. ant to orders issued under section 502(f) of days’’; Section 1967, as amended by section 402(b), title 32, United States Code, shall be consid- (iii) by striking out the semicolon after is further amended by inserting after sub- ered under chapter 43 of title 38, United ‘‘such assignment’’ and inserting in lieu section (c) the following new subsection (d): States Code, as in effect on the day before thereof a period; and (iv) by striking out subparagraphs (B) and ‘‘(d) Whenever a member has the oppor- such date of enactment. Any service pursu- tunity to make an election under subsection ant to orders issued under such section 502(f) (C); and (E) by striking out paragraphs (5) and (6); (a) not to be insured under this subchapter, served after 60 days after the date of the en- or to be insured under this subchapter in an actment of this Act, regardless of when and (2) in subsection (b), by striking out the amount less than the maximum amount of begun, shall be considered under the amend- $200,000, and at such other times periodically ments made by this Act.’’; and last two sentences. (d) DEDUCTIONS.—Section 1969 is amended— thereafter as the Secretary concerned con- (2) in paragraph (4), by striking out ‘‘such siders appropriate, the Secretary concerned period’’ and inserting in lieu thereof ‘‘such (1) in subsection (a)(2), by striking out ‘‘is assigned to the Reserve (other than the Re- shall furnish to the member general informa- 60-day period’’. tion concerning life insurance. Such infor- (b) INSURANCE.—Section 8(c)(2) of such Act tired Reserve)’’ and all that follows through mation shall include— is amended by striking out ‘‘person on active ‘‘section 1965(5)(D) of this title,’’; ‘‘(1) the purpose and role of life insurance duty’’ and inserting in lieu thereof ‘‘person (2) by striking out subsection (e); and in financial planning; serving a period of service in the uniformed (3) by redesignating subsections (f) and (g) ‘‘(2) the difference between term life insur- services’’. as subsections (e) and (f), respectively. (e) CONVERSION OF SGLI TO VGLI.—The ance and whole life insurance; SEC. 313. EFFECTIVE DATES. Servicemembers’ Group Life Insurance of ‘‘(3) the availability of commercial life in- (a) IN GENERAL.—Except as provided in any member of the Retired Reserve of a uni- surance; and subsection (b), the amendments made by this formed service shall be converted to Veter- ‘‘(4) the relationship between subtitle shall take effect as of October 13, ans’ Group Life Insurance effective 90 days Servicemembers’ Group Life Insurance and 1994. after the date of the enactment of this Act. Veterans’ Group Life Insurance.’’. (b) REORGANIZED TITLE 10 REFERENCES.— SEC. 403. CONVERSION OF SGLI AND VGLI TO SEC. 405. RENAMING OF SERVICEMEN’S GROUP The amendments made by clause (i), and sub- COMMERCIAL LIFE INSURANCE POL- LIFE INSURANCE PROGRAM. clauses (I), (III), and (IV) of clause (ii), of ICY. (a) IN GENERAL.—The program of insurance section 311(4)(B) shall take effect as of De- (a) OPTION TO CONVERT SGLI.—Subsection operated by the Secretary of Veterans Af- cember 1, 1994. (b) of section 1968, as amended by section fairs under subchapter III of chapter 19 of TITLE IV—VETERANS LIFE INSURANCE 402(c)(2), is amended— title 38, United States Code, is hereby redes- PROGRAMS (1) by inserting ‘‘(1)’’ after ‘‘(b)’’ at the be- ignated as the Servicemembers’ Group Life SEC. 401. SHORT TITLE. ginning of the subsection; Insurance program. This title may be cited as the ‘‘Veterans’ (2) by striking out ‘‘would cease,’’ in the (b) AMENDMENTS TO CHAPTER 19.— Chapter Insurance Reform Act of 1996’’. first sentence and all that follows through 19 is amended as follows: the period at the end of the sentence and in- (1) The following provisions are amended SEC. 402. MERGER OF RETIRED RESERVE serting in lieu thereof ‘‘would cease— by striking out ‘‘Servicemen’s Group Life In- SERVICEMEMBERS’ GROUP LIFE IN- SURANCE AND VETERANS’ GROUP ‘‘(A) shall be automatically converted to surance’’ each place it appears and inserting LIFE INSURANCE AND EXTENSION Veterans’ Group Life Insurance, subject to in lieu thereof ‘‘Servicemembers’ Group Life OF VETERANS’ GROUP LIFE INSUR- (i) the timely payment of the initial pre- Insurance’’: ANCE TO MEMBERS OF THE READY mium under terms prescribed by the Sec- (A) Subsections (a), (c), and (e) of section RESERVE. retary, and (ii) the terms and conditions set 1967. (a) DEFINITIONS.—Section 1965(5) is amend- forth in section 1977 of this title; or (B) Section 1968(b). ed— ‘‘(B) at the election of the member, shall (C) Subsections (a) through (d) of section (1) by adding ‘‘and’’ at the end of subpara- be converted to an individual policy of insur- 1969. graph (B); ance as described in section 1977(e) of this (D) Subsections (a), (f), and (g) of section (2) by striking out subparagraphs (C) and title upon written application for conversion 1970. (D); and made to the participating company selected (E) Section 1971(b). (3) by redesignating subparagraph (E) as by the member and payment of the required (F) Section 1973. subparagraph (C). premiums.’’; and (G) The first sentence of section 1974(a). (b) PERSONS INSURED.—Section 1967 is (3) by designating the second sentence as (H) Subsections (a), (d), and (g) of section amended— paragraph (2) and in that sentence striking 1977. (1) in subsection (a)— out ‘‘Such automatic conversion’’ and insert- (2)(A) The heading of subchapter III is (A) by inserting ‘‘and’’ at the end of para- ing in lieu thereof ‘‘Automatic conversion to amended to read as follows: graph (1); Veterans’ Group Life Insurance under para- ‘‘SUBCHAPTER III—SERVICEMEMBERS’ (B) by striking out paragraphs (3) and (4); graph (1)’’. GROUP LIFE INSURANCE’’. and (b) VGLI CONVERSION.—Section 1977 is (C) in the matter following paragraph (2), amended— (B) The heading of section 1974 is amended by striking out ‘‘or the first day a member of (1) in subsection (a)— to read as follows: the Reserves, whether or not assigned to the (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; ‘‘§ 1974. Advisory Council on Servicemembers’ Retired Reserve of a uniformed service, (B) by striking out the last two sentences; Group Life Insurance’’. meets the qualifications of section 1965(5)(C) and (3) The table of sections at the beginning of of this title, or the first day a member of the (C) by adding at the end the following: the chapter is amended— September 28, 1996 CONGRESSIONAL RECORD — SENATE S11791 (A) by striking out the item relating to Women Veterans’’ before the period at the Congress a report on the effect of the use of subchapter III and inserting in lieu thereof end. the authority provided by subsection (a) on the following: (2) Section 544(b) is amended by inserting the cost, timeliness, and thoroughness of ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP ‘‘, including the Center for Minority Veter- medical disability examinations. LIFE INSURANCE’’; ans’’ before the period at the end. SEC. 505. EXPANSION OF PERIOD OF VIETNAM and (f) TERMINATION DATE OF ADVISORY COM- ERA FOR CERTAIN VETERANS. (B) by striking out the item relating to MITTEE ON MINORITY VETERANS.—Section (a) IN GENERAL.—Paragraph (29) of section section 1974 and inserting in lieu thereof the 544(e) is amended by striking out ‘‘December 101 is amended to read as follows: following: 31, 1997’’ and inserting in lieu thereof ‘‘De- ‘‘(29) The term ‘Vietnam era’ means the cember 31, 1999’’. following: ‘‘1974. Advisory Council on Servicemembers’ ‘‘(A) The period beginning on February 28, Group Life Insurance.’’. SEC. 502. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS. 1961, and ending on May 7, 1975, in the case of (c) OTHER CONFORMING AMENDMENTS.—(1) (a) PRO RATA REDUCTION.—Chapter 53 is a veteran who served in the Republic of Viet- Section 1315(f)(1)(F) is amended by striking amended by inserting after section 5313 the nam during that period. out ‘‘servicemen’s’’ the first place it appears following new section: ‘‘(B) The period beginning on August 5, and inserting in lieu thereof ‘‘§ 5313A. Limitation on payment of clothing 1964, and ending on May 7, 1975, in all other ‘‘servicemembers’ ’’. allowance to incarcerated veterans cases.’’. (2) Sections 3017(a)(2)(A)(i) and 3224(1) are (b) LIMITED EXPANSION FOR SPECIFIC COM- ‘‘In the case of a veteran who is incarcer- amended by striking out ‘‘Servicemen’s’’ PENSATION PURPOSES.—(1) Paragraphs (1)(B) ated in a Federal, State, or local penal insti- each place it appears and inserting in lieu and (3) of section 1116(a) are each amended tution for a period in excess of 60 days and thereof ‘‘Servicemembers’ ’’. by striking out ‘‘during the Vietnam era’’ who is furnished clothing without charge by (d) REFERENCES.—Any reference to Service- and inserting in lieu thereof ‘‘during the pe- the institution, the amount of any annual men’s Group Life Insurance or to the Advi- riod beginning on January 9, 1962, and ending clothing allowance payable to the veteran sory Council on Servicemen’s Group Life In- on May 7, 1975,’’. surance in any Federal law, Executive order, under section 1162 of this title shall be re- (2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), 1 regulation, delegation of authority, or other duced by an amount equal to ⁄365 of the and (4) of such section are amended by strik- document of the Federal Government shall amount of the allowance otherwise payable ing out ‘‘during the Vietnam era’’ and insert- be deemed to refer to Servicemembers’ under that section for each day on which the ing in lieu thereof ‘‘during the period begin- Group Life Insurance or the Advisory Coun- veteran was so incarcerated during the 12- ning on January 9, 1962, and ending on May cil on Servicemembers’ Group Life Insur- month period preceding the date on which 7, 1975’’. ance, respectively. payment of the allowance would be due. This (c) LIMITED EXPANSION FOR SPECIFIC section shall be carried out under regula- SEC. 406. TECHNICAL AMENDMENT. HEALTH CARE PURPOSES.—(1) The provision tions prescribed by the Secretary.’’. stipulated in paragraph (2) is amended— Section 1977(a) is amended by striking out (b) CLERICAL AMENDMENT.—The table of ‘‘and (e)’’ in the first and second sentences. (A) in clause (i), by striking out ‘‘during sections at the beginning of such chapter is the Vietnam era,’’ and inserting in lieu TITLE V—DEPARTMENT OF VETERANS amended by inserting after the item relating thereof ‘‘during the period beginning on Jan- AFFAIRS ADMINISTRATIVE MATTERS to section 5313 the following new item: uary 9, 1962, and ending on May 7, 1975,’’; and SEC. 501. REVISION OF AUTHORITY RELATING TO ‘‘5313A. Limitation on payment of clothing (B) in clause (ii), by striking out ‘‘such CENTERS FOR MINORITY VETERANS allowance to incarcerated vet- era’’ and inserting in lieu thereof ‘‘such pe- AND WOMEN VETERANS. erans.’’. riod’’. (a) SES STATUS OF DIRECTORS.—Sections SEC. 503. EXTENSION OF VETERANS’ CLAIMS AD- (2) The provision referred to in paragraph 317(b) and 318(b) are each amended by insert- JUDICATION COMMISSION. (1)— ing ‘‘career or’’ before ‘‘noncareer’’. (a) EXTENSION OF TIME FOR SUBMISSION OF (A) if the Veterans’ Health Care Eligibility (b) ADDITIONAL FUNCTIONS OF CENTER FOR FINAL REPORT.—Section 402(e)(2) of the Vet- Reform Act of 1996 is enacted as a measure of MINORITY VETERANS.—Section 317(d) is erans’ Benefits Improvements Act of 1994 the One Hundred Fourth Congress, is para- amended— (Public Law 103–446; 108 Stat. 4661) is amend- graph (4)(A) of section 1710(e) of title 38, (1) by redesignating paragraph (10) as para- ed by striking out ‘‘Not later than 18 months United States Code, as added by section 102 graph (12); and after such date’’ and inserting in lieu thereof of such Act; and (2) by inserting after paragraph (9) the fol- ‘‘Not later than December 31, 1996’’. (B) if such Act is not enacted as a measure lowing new paragraphs (10) and (11): (b) FUNDING.—From amounts appropriated of the One Hundred Fourth Congress, is para- ‘‘(10) Advise the Secretary and other appro- to the Department of Veterans Affairs for graph (1)(A) of section 1710(e) of such title. priate officials on the effectiveness of the each of fiscal years 1996 and 1997 for the pay- (d) EFFECTIVE DATE.—The amendments Department’s efforts to accomplish the goals ment of compensation and pension, the made by this section shall take effect on of section 492B of the Public Health Service amount of $75,000 is hereby made available January 1, 1997. No benefit may be paid or Act (42 U.S.C. 289a–2) with respect to the in- for the activities of the Veterans’ Claims Ad- provided by reason of such amendments for clusion of minorities in clinical research and judication Commission under title IV of the any period before such date. on particular health conditions affecting the Veterans’ Benefits Improvements Act of 1994 SEC. 506. PAYMENT OF BENEFIT TO SURVIVING health of members of minority groups which (Public Law 103–446; 108 Stat. 4659; 38 U.S.C. SPOUSE FOR MONTH IN WHICH VET- should be studied as part of the Depart- 5101 note). ERAN DIES. ment’s medical research program and pro- SEC. 504. PILOT PROGRAM FOR USE OF CON- (a) BENEFIT FOR MONTH OF DEATH.—Section mote cooperation between the Department TRACT PHYSICIANS FOR DISABILITY 5310 is amended— and other sponsors of medical research of po- EXAMINATIONS. (1) by inserting ‘‘(a)’’ before ‘‘If, in accord- tential benefit to veterans who are minori- (a) AUTHORITY.—The Secretary of Veterans ance with’’; and ties. Affairs, acting through the Under Secretary (2) by adding at the end the following: ‘‘(11) Provide support and administrative for Benefits, may conduct a pilot program ‘‘(b)(1) If the surviving spouse of a veteran services to the Advisory Committee on Mi- under this section under which examinations who was in receipt of compensation or pen- nority Veterans provided for under section with respect to medical disability of appli- sion at the time of death is not entitled to 544 of this title.’’. cants for benefits under laws administered death benefits under chapter 11, 13, or 15 of (c) DEFINITION OF MINORITY VETERANS.— by the Secretary that are carried out this title for the month in which the veter- Section 317 is amended by adding at the end through the Under Secretary for Benefits an’s death occurs, that surviving spouse the following: may be made by persons other than employ- shall be entitled to a benefit for that month ‘‘(g) In this section— ees of the Department of Veterans Affairs. in the amount of benefits the veteran would ‘‘(1) The term ‘veterans who are minori- Any such examination shall be performed have received under chapter 11 or 15 of this ties’ means veterans who are minority group pursuant to contracts entered into by the title for that month but for the death of the members. Under Secretary for Benefits with those per- veteran. ‘‘(2) The term ‘minority group member’ has sons. ‘‘(2) If (notwithstanding section 5112(b)(1) the meaning given such term in section (b) LIMITATION.—The Secretary may carry of this title) a check or other payment is is- 544(d) of this title.’’. out the pilot program under this section sued to, and in the name of, the deceased (d) CLARIFICATION OF FUNCTIONS OF CENTER through not more than 10 regional offices of veteran as a benefit payment under chapter FOR WOMEN VETERANS.—Section 318(d)(10) is the Department of Veterans Affairs. 11 or 15 of this title for the month in which amended by striking out ‘‘(relating to’’ and (c) SOURCE OF FUNDS.—Payments for con- death occurs, that check or other payment all that follows through ‘‘and of’’ and insert- tracts under the pilot program under this (A) shall be treated for all purposes as being ing in lieu thereof ‘‘(42 U.S.C. 289a–2) with re- section shall be made from amounts avail- payable to the surviving spouse, and (B) if spect to the inclusion of women in clinical able to the Secretary of Veterans Affairs for that check or other payment is negotiated or research and on’’. payment of compensation and pensions. deposited, shall be considered to be the bene- (e) ADDITIONAL FUNCTIONS OF ADVISORY (d) REPORT TO CONGRESS.—Not later than fit to which the surviving spouse is entitled COMMITTEES.—(1) Section 542(b) is amended three years after the date of the enactment under this paragraph. However, if such check by inserting ‘‘, including the Center for of this Act, the Secretary shall submit to the or other payment is in an amount less than S11792 CONGRESSIONAL RECORD — SENATE September 28, 1996 the amount of the benefit under paragraph (1) The Office of Education Procedures Sys- Commission to comply with the require- (1), the unpaid amount shall be treated in tems. ments of subsection (b) and section the same manner as an accrued benefit under (2) The Office of Education Operations. 5(b)(3)(D). section 5121 of this title.’’. (3) The Office of Education Policy and Pro- ‘‘(b) The Commission shall— (b) EFFECTIVE DATE.—The amendments gram Administration. ‘‘(1) by March 1 of each year (beginning made by this section shall apply with respect TITLE VI—OTHER MATTERS with 1998)— to the death of compensation and pension re- ‘‘(A) prepare a financial statement which SEC. 601. EXTENSION OF CERTAIN AUTHORITIES cipients occurring after December 31, 1996. FOR SERVICES FOR HOMELESS VET- covers all accounts and associated activities SEC. 507. INCREASE IN PERIOD FOR WHICH AC- ERANS. of the Commission for the preceding fiscal CRUED BENEFITS PAYABLE. (a) AUTHORITY FOR COMMUNITY-BASED RESI- year and is consistent with the requirements Subsection (a) of section 5121 is amended DENTIAL CARE FOR HOMELESS CHRONICALLY of section 3515 of title 31, United States Code; by striking out ‘‘one year’’ in the matter MENTALLY ILL VETERANS AND OTHER VETER- and preceding paragraph (1) and inserting in lieu ANS.—Section 115(d) of the Veterans’ Benefits ‘‘(B) submit the financial statement, to- thereof ‘‘two years’’. and Services Act of 1988 (38 U.S.C. 1712 note) gether with a narrative summary, to the SEC. 508. APPOINTMENT OF VETERANS SERVICE is amended by striking out ‘‘December 31, Committees on Veterans’ Affairs of the Sen- ORGANIZATIONS AS CLAIMANTS’ 1997’’ and inserting in lieu thereof ‘‘Decem- ate and House of Representatives; and REPRESENTATIVES. ber 31, 1998’’. ‘‘(2) obtain an audit by the Comptroller (a) POWER OF ATTORNEY NAMING A VETER- (b) AUTHORIZATIONS OF APPROPRIATIONS FOR General of the United States of each finan- ANS SERVICE ORGANIZATION.—Section 5902 is HOMELESS VETERANS REINTEGRATION cial statement prepared under paragraph amended— PROJECTS.—Section 738(e)(1) of the Stewart (1)(A), which shall be conducted in accord- (1) by redesignating subsection (c) as sub- B. McKinney Homeless Assistance Act (42 ance with applicable generally accepted gov- section (d); and U.S.C. 11448(e)(1)) is amended by adding at ernment auditing standards and shall be in (2) by inserting after subsection (b) the fol- the end the following: lieu of any audit otherwise required by law. lowing new subsection (c): ‘‘(E) $10,000,000 for fiscal year 1997. ‘‘(c) The Commission may not obligate, ‘‘(c)(1) Unless a claimant specifically indi- ‘‘(F) $10,000,000 for fiscal year 1998.’’. withdraw, or expend funds received as con- cates in a power of attorney filed with the SEC. 602. REPAIR AND LONG-TERM MAINTE- tributions before March 1, 1998.’’. Department a desire to appoint only a recog- NANCE OF WAR MEMORIALS. TITLE VII—COMMISSION ON nized representative of an organization listed (a) REPAIR AND LONG-TERM MAINTENANCE SERVICEMEMBERS AND VETERANS in or approved under subsection (a), the Sec- OF WAR MEMORIALS.—Section 5(b)(2) of the TRANSITION ASSISTANCE retary may, for any purpose, treat the power Act entitled ‘‘An Act for the creation of an SEC. 701. ESTABLISHMENT OF COMMISSION. of attorney naming such an organization, a American Battle Monuments Commission to (a) ESTABLISHMENT.—There is established a specific office of such an organization, or a erect suitable memorials commemorating commission to be known as the Commission recognized representative of such an organi- the services of the American soldier in Eu- on Servicemembers and Veterans Transition zation as the claimant’s representative as an rope, and for other purposes’’, approved Assistance (hereafter in this title referred to appointment of the entire organization as March 4, 1923 (36 U.S.C. 125(b)(2)), is amend- as the ‘‘Commission’’). the claimant’s representative. ed— (b) MEMBERSHIP.—(1) The Commission shall ‘‘(2) Whenever the Secretary is required or (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and be composed of 12 members appointed from permitted to notify a claimant’s representa- (2) by adding at the end the following: among private United States citizens with tive, and the claimant has named in a power ‘‘(B) In assuming responsibility for a war appropriate and diverse experiences, exper- of attorney an organization listed in or ap- memorial under paragraph (1), the Commis- tise, and historical perspectives on veterans, proved under subsection (a), a specific office sion may enter into arrangements with the military, organizational, and management of such an organization, or a recognized rep- sponsors of the memorial to provide for the matters. The members shall be appointed as resentative of such an organization without repair or long-term maintenance of the me- follows: specifically indicating a desire to appoint morial. Any funds transferred to the Com- (A) Four shall be appointed jointly by the only a recognized representative of the orga- mission for the purpose of this subparagraph chairman and ranking minority member of nization, the Secretary shall notify the orga- shall, in lieu of subparagraph (A), be depos- the Committee on Veterans’ Affairs of the nization at the address designated by the or- ited by the Commission in the fund estab- House of Representatives. ganization for the purpose of receiving the lished by paragraph (3). (B) Four shall be appointed jointly by the notification concerned.’’. ‘‘(3)(A) There is established in the Treas- chairman and ranking minority member of (b) APPLICABILITY.—The amendments made ury a fund which shall be available to the the Committee on Veterans’ Affairs of the by this section apply to any power of attor- Commission for expenses for the mainte- Senate. ney filed with the Department of Veterans nance and repair of memorials with respect (C) Two shall be appointed jointly by the Affairs, regardless of the date of its execu- to which the Commission enters into ar- chairman and ranking minority member of tion. rangements under paragraph (2)(B). The fund the Committee on National Security of the SEC. 509. PROVISION OF COPIES OF BOARD OF shall consist of (i) amounts deposited, and House of Representatives. VETERANS’ APPEALS DECISIONS. interest and proceeds credited, under sub- (D) Two shall be appointed jointly by the Subsection (e) of section 7104 is amended to paragraph (B), and (ii) obligations obtained chairman and ranking minority member of read as follows: under subparagraph (C). the Committee on Armed Services of the ‘‘(e)(1) After reaching a decision on a case, ‘‘(B) The Commission shall deposit in the Senate. the Board shall promptly mail a copy of its fund such amounts from private contribu- (2)(A) One member of the Commission ap- written decision to the claimant at the last tions as may be accepted under paragraph pointed under each of subparagraphs (A) and known address of the claimant. (2)(B). The Secretary of the Treasury shall (B) of paragraph (1) shall be a representative ‘‘(2) If the claimant has an authorized rep- credit to the fund the interest on, and the of a veterans service organization. resentative, the Board shall— proceeds from sale or redemption of, obliga- (B) To the maximum extent practicable, ‘‘(A) mail a copy of its written decision to tions held in the fund. the individuals appointed under paragraph the authorized representative at the last ‘‘(C) The Secretary of the Treasury shall (1) as members of the Commission shall be known address of the authorized representa- invest any portion of the fund that, as deter- veterans. tive; or mined by the Commission, is not required to (C) Not more than seven of the members of ‘‘(B) send a copy of its written decision to meet current expenses. Each investment the Commission may be members of the the authorized representative by any means shall be made in an interest bearing obliga- same political party. reasonably likely to provide the authorized tion of the United States or an obligation (3) In addition to the members appointed representative with a copy of the decision guaranteed as to principal and interest by under paragraph (1), the following shall be within the same time a copy would be ex- the United States that, as determined by the nonvoting members of the Commission: pected to reach the authorized representa- Commission, has a maturity suitable for the (A) The Under Secretary for Benefits of the tive if sent by first-class mail.’’. fund. Department of Veterans Affairs. SEC. 510. LIMITATION ON RELOCATION OR RE- ‘‘(D) The Commission shall separately ac- (B) The Assistant Secretary of Defense for DUCTION IN STAFFING OF CERTAIN count for all moneys deposited in and ex- Force Management and Personnel. ELEMENTS OF THE EDUCATION pended from the fund with respect to each (C) The Assistant Secretary of Labor for SERVICE OF THE VETERANS BENE- war memorial for which an arrangement for Veterans’ Employment and Training. FITS ADMINISTRATION. the repair or long-term maintenance of the (4) The appointments of members of the No funds available to the Department of memorial is entered to under paragraph Commission shall, to the maximum extent Veterans Affairs may be obligated or ex- (2)(B).’’. practicable, be made after consultation with pended before January 1, 1998, to relocate (b) ACCOUNTING PROCEDURES RELATING TO representatives of veterans service organiza- any function of, or to reduce the number of RECEIPT AND EXPENDITURE OF CONTRIBU- tions. personnel assigned to, any of the following TIONS.—Such Act is further amended by add- (5) The appointments of the members of elements of the Veterans Benefits Adminis- ing at the end the following new section: the Commission shall be made not later than tration of the Department of Veterans Af- ‘‘SEC. 14. (a) The Commission shall have a 45 days after the date of the enactment of fairs: system of financial controls to enable the this Act. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11793

(c) PERIOD OF APPOINTMENT; VACANCIES.— ment in the public sector upon their separa- SEC. 703. POWERS OF COMMISSION. Members shall be appointed for the life of tion from service. (a) HEARINGS.—The Commission may hold the Commission. Any vacancy in the Com- (H) The ways in which such programs could such hearings, sit and act at such times and mission shall not affect its powers, but shall be improved. places, take such testimony, and receive be filled in the same manner as the original (3) In carrying out the review, the Commis- such evidence as the Commission considers appointment. sion shall make use of previous studies advisable to carry out the purposes of this (d) INITIAL MEETING.—Not later than 30 which have been made of such programs. title. days after the date on which all members of (c) REVIEW OF PROGRAMS TO ASSIST VETER- (b) INFORMATION FROM FEDERAL AGEN- the Commission have been appointed under ANS.—(1) While carrying out the general du- CIES.—The Commission may secure directly subsection (b)(1), the Commission shall hold ties specified in subsection (a), the members of the Commission appointed under subpara- from the Department of Defense, the Depart- its first meeting. ment of Veterans Affairs, and any other de- (e) QUORUM.—A majority of the members of graphs (A) and (B) of section 701(b)(1) and the partment or agency of the Government such the Commission shall constitute a quorum, members specified in subparagraphs (A) and information as the Commission considers but a lesser number may hold hearings. (C) of section 701(b)(3) shall review the fol- necessary to carry out its duties under this (f) CHAIRMAN AND VICE CHAIRMAN.—The lowing programs: Commission shall select a chairman and vice (A) Educational assistance programs. title. Upon request of the chairman of the chairman from among its members. (B) Job counseling, job training, and job Commission, the head of such department or (g) MEETINGS.—The Commission shall meet placement services programs. agency shall furnish such information expe- at the call of the chairman of the Commis- (C) Rehabilitation and training programs. ditiously to the Commission. sion. (D) Housing loan programs. SEC. 704. MISCELLANEOUS ADMINISTRATIVE (h) PANELS.—The Commission may estab- (E) Small business loan and small business PROVISIONS. lish panels composed of less than the full assistance programs. (a) POSTAL SERVICES.—The Commission membership of the Commission for the pur- (F) Employment and employment training may use the United States mails in the same pose of carrying out the Commission’s du- programs for employment in the public sec- manner and under the same conditions as ties. The actions of such panels shall be sub- tor and the private sector, including em- other departments and agencies of the Gov- ject to the review and control of the Com- ployer training programs and union appren- ernment. mission. Any findings and determinations ticeship programs. (b) GIFTS.—The Commission may accept, made by such a panel shall not be considered (G) Government personnel policies (includ- use, and dispose of gifts or donations of serv- the findings and determinations of the Com- ing veterans’ preference policies) and the en- ices or property. mission unless approved by the Commission. forcement of such policies. (c) MISCELLANEOUS ADMINISTRATIVE SUP- (i) AUTHORITY OF INDIVIDUALS TO ACT FOR (H) Programs that prepare the families of COMMISSION.—Any member or agent of the PORT.—The Secretary of Defense, the Sec- members of the Armed Forces for their tran- retary of Veterans Affairs, and the Secretary Commission may, if authorized by the Com- sition from military life to civilian life and mission, take any action which the Commis- of Labor shall, upon the request of the chair- facilitate that transition. man of the Commission, furnish the Commis- sion is authorized to take under this title. (2) In carrying out the review, such mem- sion, on a reimbursable basis, any adminis- SEC. 702. DUTIES OF COMMISSION. bers of the Commission shall determine the trative and support services as the Commis- (a) IN GENERAL.—The Commission shall— following: sion may require. (1) review the adequacy and effectiveness (A) The adequacy of the programs referred of veterans transition assistance and bene- to in paragraph (1) for their purposes. SEC. 705. COMMISSION PERSONNEL MATTERS. fits programs in providing assistance to (B) The adequacy of the support of the De- (a) COMPENSATION OF MEMBERS.—Each members of the Armed Forces in making the partment of Veterans Affairs for such pro- member of the Commission may be com- transition and adjustment to civilian life; grams. pensated at a rate equal to the daily equiva- (2) review the allocation under law of re- (C) The adequacy of funding levels for such lent of the annual rate of basic pay pre- sponsibility for the administration of veter- programs. scribed for level IV of the Executive Sched- ans transition assistance and benefits pro- (D) The extent to which such programs ule under section 5315 of title 5, United grams among the various departments and provide veterans with job-search skills. States Code, for each day (including travel agencies of the Government and determine (E) The extent to which such programs pre- time) during which such member is engaged the feasibility and desirability of consolidat- pare veterans for employment in the private in performing the duties of the Commission. ing such administration; sector and in the public sector. (b) TRAVEL AND TRAVEL EXPENSES.—(1) (3) evaluate proposals for improving such (F) The effectiveness of such programs in Members and personnel of the Commission programs, including proposals for alter- assisting veterans in finding employment in may travel on military aircraft, military ve- native means of providing services delivered the public sector upon their separation from hicles, or other military conveyances when by such programs; and service. travel is necessary in the performance of a (4) make recommendations to Congress re- (G) The ways in which such programs could duty of the Commission except when the cost garding the need for improvements in such be improved. of commercial transportation is less expen- programs. (d) REPORTS.—(1) Not later than 90 days sive. (b) REVIEW OF PROGRAMS TO ASSIST MEM- after the date on which all members of the (2) The members of the Commission may BERS OF THE ARMED FORCES AT SEPARATION.— Commission have been appointed under sec- be allowed travel expenses, including per (1) While carrying out the general duties tion 701(b)(1), the Commission shall submit diem in lieu of subsistence, at rates author- specified in subsection (a), the members of to the Committees on Veterans’ Affairs and ized for employees of agencies under sub- the Commission appointed under subpara- Armed Services of the Senate and the Com- chapter I of chapter 57 of title 5, United graphs (C) and (D) of section 701(b)(1) and the mittees on Veterans’ Affairs and National States Code, while away from their homes or member specified in subparagraph (B) of sec- Security of the House of Representatives a regular places of business in the performance tion 701(b)(3) shall review primarily the pro- report setting forth a plan for the work of of services for the Commission. grams intended to assist members of the the Commission. The Commission shall de- Armed Forces at the time of their separation velop the plan in consultation with the Sec- (c) STAFF.—(1) The chairman of the Com- from service in the Armed Forces, including retary of Defense, the Secretary of Veterans mission may, without regard to civil service programs designed to assist families of such Affairs, the Secretary of Labor, and the laws and regulations, appoint and terminate members. heads of other appropriate departments and an executive director and up to five addi- (2) In carrying out the review, those mem- agencies of the Government. tional staff members as may be necessary to bers of the Commission shall determine the (2)(A) Not later than 18 months after the enable the Commission to perform its duties. following: date of the first meeting of the Commission, In appointing an individual as executive di- (A) The adequacy of the programs referred the Commission shall submit to the commit- rector, the chairman shall, to the maximum to in paragraph (1) for their purposes. tees referred to in paragraph (1), and to the extent practicable, attempt to appoint an in- (B) The adequacy of the support of the Secretary of Defense, the Secretary of Veter- dividual who is a veteran. The employment Armed Forces for such programs. ans Affairs, and the Secretary of Labor, a re- of an executive director shall be subject to (C) The adequacy of funding levels for such port setting forth the activities, findings, confirmation by the Commission. programs. and recommendations of the Commission, in- (2) The chairman of the Commission may (D) The effect, if any, of the existence of cluding any recommendations for legislative fix the compensation of the executive direc- such programs on military readiness. action and administrative action as the tor and other personnel without regard to (E) The extent to which such programs Commission considers appropriate. the provisions of chapter 51 and subchapter provide members of the Armed Forces with (B) Not later than 90 days after receiving III of chapter 53 of title 5, United States job-search skills. the report referred to in subparagraph (A), Code, relating to classification of positions (F) The extent to which such programs pre- the Secretary of Defense, the Secretary of and General Schedule pay rates, except that pare such members for employment in the Veterans Affairs, and the Secretary of Labor the rate of pay for the executive director and private sector and in the public sector. shall jointly transmit the report to Con- other staff members may not exceed the rate (G) The effectiveness of such programs in gress, together with the Secretaries’ com- payable for level V of the Executive Sched- assisting such members in finding employ- ments on the report. ule under section 5316 of such title. S11794 CONGRESSIONAL RECORD — SENATE September 28, 1996 (d) DETAIL OF GOVERNMENT EMPLOYEES.— CORRECTING THE ENROLLMENT Rhode Island on January 19 of this Upon request of the chairman of the Com- OF THE COAST GUARD AUTHOR- year. It occurred when a tug boat had mission, the head of any department or agen- IZATION ACT CONFERENCE RE- a fire in rough seas and eventually lost cy of the Government may detail, on a non- PORT control of the barge it was towing, reimbursable basis, any personnel of the de- partment or agency to the Commission to as- Mr. NICKLES. Mr. President, I ask which was carrying millions of gallons sist the Commission in carrying out its du- unanimous consent that the Senate of home heating oil. The sad outcome ties. proceed to the consideration of House was that the barge, the North Cape, ran (e) PROCUREMENT OF TEMPORARY AND Concurrent Resolution 229, which cor- aground and spilled some 800,000 gal- INTERMITTENT SERVICES.—The chairman of rects the enrollment of the Coast lons of oil into Block Island Sound. the Commission may procure temporary and Guard authorization conference report. The economic and environmental intermittent services under section 3109(b) of The PRESIDING OFFICER. Is there harm to my State from the spill was title 5, United States Code, at rates for indi- objection to the immediate consider- viduals which do not exceed the daily equiva- extensive. Thousands of lobster car- ation of the concurrent resolution? casses washed up on our shores, hun- lent of the annual rate of basic pay pre- There being no objection, the Senate scribed for level IV of the Executive Sched- dreds of birds were left dead or severely ule under section 5316 of such title. proceeded to consider the concurrent injured, and many who rely upon the resolution. sea for their livelihood in the area were SEC. 706. TERMINATION OF COMMISSION. Mr. NICKLES. Mr. President, I ask financially hurt, some seriously. The Commission shall terminate 90 days unanimous consent that the concur- after the date on which it submits its report rent resolution be considered agreed to, The committee held a total of three under section 702(d)(2). with the motion to reconsider laid on hearings. The first of these was held in Rhode Island so we could hear and SEC. 707. DEFINITIONS. the table. The PRESIDING OFFICER. Without learn from the people most directly af- For the purposes of this title: objection, it is so ordered. fected by the spill. (1) The term ‘‘veterans transition assist- ance and benefits program’’ means any pro- The concurrent resolution (H. Con. In our hearings we learned that, gram of the Government the purpose of Res. 229) was agreed to. overall, OPA is working pretty well. which is— f The clear consensus of all witnesses (A) to assist, by rehabilitation or other COAST GUARD AUTHORIZATION who testified during our hearings is means, members of the Armed Forces in re- that OPA is a valuable piece of legisla- adjusting or otherwise making the transition ACT OF 1996—CONFERENCE RE- PORT tion that has helped to produce faster to civilian life upon their separation from and more effective spill responses service in the Armed Forces; or Mr. NICKLES. Mr. President, I ask throughout the last 6 years. (B) to assist veterans in making the transi- unanimous consent that the Senate im- tion to civilian life. mediately proceed to the consideration Nevertheless, there is room for im- (2) The term ‘‘Armed Forces’’ has the of the Senate conference report to ac- provement in the Act. On the preven- meaning given such term in section 101(10) of tion side, for example, OPA can, and title 38, United States Code. company S. 1004, the Coast Guard au- (3) The term ‘‘veteran’’ has the meaning thorization. should, be strengthened so that we can given such term in section 101(2) of title 38, The PRESIDING OFFICER. The avoid having to respond to an oil spill United States Code. clerk will report. at all. The recent spills have only (4) The term ‘‘veterans service organiza- The legislative clerk read as follows: served to underscore the need for more tion’’ means any organization covered by The committee of conference of the dis- effective prevention measures. We also section 5902(a) of title 38, United States agreeing votes of the two Houses on the learned that our oil spill response capa- Code. amendment of the House to the bill (S. 1004) bilities can, and should, be honed. SEC. 708. FUNDING. to authorize appropriations for the United As a result, on May 7, I, along with States Coast Guard, and for other purposes, (a) IN GENERAL.—The Secretary of Defense having met, after full and free conference, Senators LIEBERMAN and LAUTENBERG, shall, upon the request of the chairman of have agreed to recommend and do rec- introduced S. 1730, the Oil Spill Preven- the Commission, make available to the Com- ommend to their respective Houses this re- tion and Response Improvement Act. mission such amounts as the Commission port, signed by a majority of the conferees. Senator PELL also eventually became a may require to carry out its duties under cosponsor. As its name implies, the bill this title. The Secretary shall make such The PRESIDING OFFICER. Without amounts available from amounts appro- objection, the Senate will proceed to has two major purposes: First, to pre- priated for the Department of Defense, ex- the consideration of the conference re- vent oil spills from occurring; and sec- cept that such amounts may not be from port. ond, to provide for a more effective re- amounts appropriated for the transition as- (The conference report is printed in sponse to the oil spills that do occur. sistance program (TAP), the Army career the House proceedings of the RECORD of On June 20, the Committee on Envi- alumni program (ACAP), or any similar pro- September 27, 1996.) gram. ronment and Public Works voted 17 to Mr. CHAFEE. Mr. President, I rise in 0 to report S. 1730. I am extremely (b) AVAILABILITY.—Any sums made avail- support of the conference report to S. gratified that the majority of the pro- able to the Commission under subsection (a) 1004, the Coast Guard Authorization visions and issues addressed in S. 1730 shall remain available, without fiscal year Act. As chairman of the Environment limitation, until the termination of the as reported are contained in the con- Commission. and Public Works Committee, which ference report before us today. has jurisdiction over oil pollution is- The title is amended so as to read: sues, I am pleased to report that S. 1004 Let me now explain what these provi- contains a number of important im- sions are and the intent underlying To amend title 38, United States Code, to them. improve the benefits programs administered provements to the Oil Pollution Act of by the Secretary of Veterans Affairs, to pro- 1990, or OPA. These improvements rep- ENHANCING OIL SPILL PREVENTION resent several solid steps forward in vide for a study of the Federal programs for There are two major provisions in veterans, and for other purposes. our ongoing efforts to prevent oil spills the conference report that will help from occurring in our Nation’s waters Mr. NICKLES. Mr. President, this prevent oil spills from single-hull oil- and to better respond to the oil spills bill is a very important bill. It is the that do occur. carrying barges. Both provide for new Senate bill S. 1711, the Veterans’ Bene- I convened the Environment and rules to apply to such barges within 1 fits Improvements Act of 1996. Public Works Committee for a series of year, by October 1, 1997. Senator SIMPSON had a substitute hearings to address oil pollution issues The first set of rules will require all which we are now entering into the earlier this year in response to a num- single-hull oil-carrying barges to have RECORD. Again, this is very substantive ber of major oil spills. means to prevent grounding in the legislation, which Senator SIMPSON de- The spill of greatest interest to me, event of a problem at sea. The required serves great accolades for. And I com- as you might imagine, happened just anti-grounding protection can take the pliment him for the amendment. off the coast of my home State of form of an operable anchor and crew September 28, 1996 CONGRESSIONAL RECORD — SENATE S11795 member on board the barge, an emer- rules is because of confusion about the It does so by reducing and redressing gency barge retrieval system, or com- standard under which such rules are to the economic hardship and environ- parable measures. These rules will pre- be issued. That standard, set forth in mental damage that is caused once a vent situations where barges carry mil- section 4115(b) of OPA, provides that spill has taken place. lions of gallons of oil through environ- such measures are to ‘‘provide as sub- On the economic side, the conference mentally sensitive waters without any stantial protection to the environment report includes a key provision of the kind of protection against grounding. as is economically and technologically bill I introduced in the spring, S. 1730, The second set of rules will require feasible.’’ which will ensure that injured parties all vessels that tow oil-carrying barges Although there admittedly is some are able to obtain financial relief in to have fire-suppression measures. room for interpretation in this, as in the immediate aftermath of a spill. Never again should we be in a situation any qualitative standard, let me state After the North Cape spill, some where the lives of crew members and a for the record a couple of things that lobstermen and fishermen were reluc- pristine marine environment are at are absolutely clear about the congres- tant to pursue compensation for short- risk because a towing vessel does not sional intent behind section 4115(b). term damages for fear of waiving any have the ability to suppress an on- First, the standard is not to be read to rights to future compensation. This re- board fire. require adoption only of the measure luctance at times led to significant These new rules for single-hull tank or measures the Coast Guard deter- hardship, as most fishermen and barges and the vessels which tow them mines are the most cost-effective or lobstermen are self-employed, and are important. Although the best way cost-efficient. Rather, the standard thus, do not qualify for unemployment to prevent spills from vessels is to makes clear that all measures which benefits. equip them with double hulls, it is satisfy its criteria are to be included in To address this troubling situation, quite expensive to build a new double- the final rule. the conference report makes clear that hull vessel or to retrofit a single hull The rulemaking should consider a person injured by a spill may bring a vessel with a second hull. measures that prevent collision or claim for less than the full amount of Thus, in enacting OPA originally, grounding of a tank vessel in addition damages to which he may be entitled, Congress determined that all oil-carry- to those that reduce oil outflow after without waiving the right to future ing vessels in U.S. waters ought even- such a collision or grounding has oc- compensation. Thanks to this clarifica- tually to have double hulls, but that curred. Finally, due regard ought to be tion, fishermen put out of work will no the oil transportation industry would taken of human safety, including the longer have to wait while their rent need some time to make the transition, safety of crew members and in particu- and grocery bills pile up before pursu- given the expense involved. Congress lar those crew serving on affected tank ing a claim. And small businesses such directed the Coast Guard to issue rules barges. as fish markets that depend on the ma- to help prevent oil spills from single In addition to providing for new rine environment will not be forced out hull vessels during this transition pe- rules, the conference report includes a of business while awaiting compensa- riod. series of additional measures to ad- tion for their injuries. These rules were to have been issued dress specific oil spill prevention con- The responsible party may establish within one year after OPA’s enact- cerns raised by recent spills in the reasonable parameters within which ment—or by August 1991. Remarkably, Northeast. claims for partial, interim damages however, by the time we held our first For example, after the North Cape may be presented to avoid undue trans- hearing on OPA, the Coast Guard still spill, Governor Almond of Rhode Island action costs, consistent with avoiding had failed to issue the rules, nearly five convened a task force to examine the financial hardship to parties injured by years after the mandatory statutory economic and environmental implica- a spill. deadline. tions of dredging the State’s water- On the environmental response side, This delay has undermined a key pur- ways. The conference report directs the the conference report improves OPA by pose of OPA, which is to reduce spills U.S. Army Corps of Engineers to re- encouraging better advanced planning. from single-hull vessels pending their view the task force’s study and to sub- It also fosters rapid availability to im- replacement with double-hull vessels mit recommendations concerning the portant new information and expertise by the year 2015. feasibility and environmental effects of in the wake of a spill. The Coast Guard finally issued one such dredging. First of all, the report clarifies that part of the required rules earlier this The conference report further directs the owner or operator carrying out the summer. The rules prescribe oper- the Secretary of Transportation, in co- response must follow the National Con- ational measures for single-hull tank operation with the Marine Board, to tingency Plan unless the President or vessels, which should prove valuable in examine the incidence and risk of spills On-Scene Coordinator determines that helping to prevent oil spills from such from lightering, a process by which oil deviation would bring about a faster or vessels. is transferred from one vessel to an- more effective response. But there is another important sub- other. This examination is to evaluate Second, the report provides for a na- set of rules on single-hull tank vessels the adequacy of existing rules to pre- tional clearinghouse to compile and the Coast Guard still has not issued— vent spills from lightering operations. disseminate information on the envi- those prescribing structural measures It should examine not only how ronmental effects of oil spills. This in- to reduce spills from such vessels. Dur- lightering is practiced, but also where formation clearinghouse will distribute ing our hearings, various high-level lightering is done and the extent to up-to-the-minute knowledge to re- Coast Guard officials assured the Com- which sensitive environmental areas sponse personnel on how best to miti- mittee repeatedly that such rules may be at risk under current rules. gate the environmental effects of par- would be published by December 1996. The conference report also directs ticular spills. It is this Senator’s firm expectation the Secretary to assess the role of Some of this information undoubt- that the Coast Guard will be true to its automatic fueling shutoff equipment in edly will derive from another provision word and issue the rules on structural preventing the actual or threatened in the conference report, which directs measures within the next three discharge of oil during fuel loading or the Secretary of Transportation to months; 61⁄2 years has been more than off-loading activity. study the environmental and public enough time for the Coast Guard to IMPROVING OIL SPILL RESPONSE MEASURES health risks from discharges of group-5 adopt such measures. If the agency Notwithstanding the best efforts of fuel oil. fails again to comply with its mandate, those of us in Government and in the Finally, area contingency plans will then the Congress will have no choice industry, a certain number of oil spills now be required to include the names but to consider seriously taking up probably are inevitable. Consequently, of local scientists with expertise in the similar legislation again. the conference report contains impor- environmental effects of oil spills. This Let me add that one of the reasons tant advances that will improve our requirement will ensure that response the Coast Guard offered for being so ability to respond more effectively to officials may avail themselves quickly late in issuing the single-hull vessel spills that still occur. of expertise available in the spill area, S11796 CONGRESSIONAL RECORD — SENATE September 28, 1996 in particular with respect to the local facility that actually engages in a vessels, for example—because offshore marine environment. spill. Moreover, the President retains facilities are fundamentally different CHANGES TO SECTION 1016 REGARDING ENSURING the discretion to require even a small in this context. Many are small and EVIDENCE OF FINANCIAL RESPONSIBILITY offshore facility to demonstrate evi- independently owned and, most impor- Section 1125 of the conference report dence of financial responsibility if the tant, unlike vessels, they are immo- modifies OPA’s financial responsibility risk justifies it. bile. requirements. Third, the conference report allows The report also directs that regula- These requirements mandate that for some flexibility in the amount of fi- tions be issued to establish a process vessels and oil-related facilities dem- nancial responsibility to be required of for implementing the changes to direct onstrate evidence of access to financial non-de minimis offshore facilities. OPA action for guarantors of offshore facili- resources that will cover the likely currently directs the promulgation of ties. The process must allow for the or- costs of cleanup and damages in the regulations that would require all off- derly and expeditious presentation and event of a spill. In this way they pro- shore facilities to meet financial re- resolution of claims and effectuate vide a guarantee that money will be sponsibility requirements at a $150 mil- OPA’s purposes. available to finance all or most of the lion level. This is an important rulemaking and cleanup and damages. An entity may The conference report, however, calls needs to protect claimants from proce- satisfy this requirement by entering for use of the current $35 million re- dural mazes and confusion in the pres- into a contract with a guarantor, usu- quirement in the Outer Continental entation of their claims. They must ally in the insurance industry, who Shelf Lands Act for facilities in Fed- not be subjected to shell games in agrees to be subject to claims for eral waters while giving the President which they get bounced back and forth cleanup costs and damages up to a des- discretion to increase the requirement between a responsible party and its ignated amount in the event of a spill. on the basis of risk. A similar approach guarantor. The key purpose of OPA to There are at least two important pur- is taken for offshore facilities in State ensure that injured parties have quick poses served by these requirements: waters, except that the minimum fi- and clear access to compensation for First, they ensure that the polluter— nancial responsibility requirement is their damages must not be under- not the U.S. taxpayer—bears the finan- $10 million, given that many coastal mined. cial burdens resulting from oil pollu- States impose their own such require- tion. Second, they ensure that claims ments. Consequently, in the rulemaking au- will be presented and resolved prompt- These changes should remove the po- thorized under the conference report, it ly without subjecting claimants, espe- tential for unnecessary and inefficient should be clarified that the guarantor cially injured individuals and small economic burdens yet preserve OPA’s may not raise a defense to a direct ac- businesses, to protracted and expensive fundamental purpose of ensuring that tion that is based on an allegation that litigation. oil-spill polluters pay for their pollu- the responsible party has not engaged MODIFICATIONS TO AMOUNT OF FINANCIAL RE- tion. in a prerequisite to the allowance of SPONSIBILITY REQUIRED FOR OFFSHORE FA- the direct action—that is, the guaran- NARROWING ‘‘DIRECT ACTION’’ AGAINST GUAR- CILITIES tor should not, on direct action, be per- The conference report brings the ANTORS FOR OFFSHORE FACILITIES AND REAF- FIRMATION OF LIMIT ON GUARANTOR LIABIL- mitted to bar the claim by arguing amount of financial responsibility re- ITY that the responsible party has not filed quired of offshore facilities under OPA There are a couple of other changes a petition for bankruptcy or has not more into line with common sense and the conference report makes to OPA’s denied or failed to pay a claim on the the original intent of Congress. It will financial responsibility requirements. ground of insolvency. To allow for such allow us to avoid imposing undue and First, the conference report modifies defenses to be raised would in essence unintended economic burdens while the situations in which claims may be allow a guarantor for an offshore facil- also ensuring that the interests of the brought directly against a guarantor ity to further narrow the conditions environment and the parties finan- for an offshore facility. Ordinarily, under which it is subject to direct ac- cially injured by a spill will continue OPA provides that all claims may be tion from three to one, thereby under- to be protected. mining congressional intent. The conference report does three brought against a spiller’s guarantor. things in this regard. The conference report limits the fil- Moreover, the rulemaking ought to First, it corrects an unjustifiably ing of claims directly against a guaran- provide clear guidance and notice to broad interpretation of OPA by the De- tor for an offshore facility, however, to injured parties on how and to whom partment of the Interior. That inter- three instances: First, the claim is as- they may present their claims. The pretation would apply the financial re- serted by the United States, either for changes to direct action in the report sponsibility requirements for offshore its own removal costs and damages or should not result in parties injured by facilities to traditional onshore facili- to recover any compensation paid by spills from offshore facilities having ties like land-based oil terminals and the oil spill liability trust fund to any their claims subject to a more pro- marinas. claimant under OPA, including costs tracted or difficult process than other We have many such onshore facilities incurred by the Fund in processing OPA claimants. in my State of Rhode Island and claims; second, the spiller has filed a The conference report also reaffirms throughout the country. They never petition for bankruptcy; or third, the Congress’s original intent in enacting were intended to be subject to OPA’s fi- spiller has denied or failed to pay a OPA in 1990 concerning the limit of li- nancial responsibility requirements for claim on the basis of insolvency. ability for a guarantor on claims offshore facilities, even if they have These changes to direct action brought under the act. Thus, the certain appurtenances that extend onto against a guarantor for an offshore fa- changes to and addition of text in the submerged land. The report serves to cility arose from the concern some subsection should not be read to effect make our original intent unmistakably have expressed that smaller, independ- any substantive change in that liabil- clear. ently owned offshore facilities might ity limitation. Instead, they are meant Second, the conference report ex- find it difficult to meet OPA’s financial only to confirm that OPA does not im- empts from financial responsibility re- responsibility requirements because of pose liability with respect to an inci- quirements small offshore operators high insurance costs. Because OPA’s fi- dent on a guarantor for damages and who, even under a worst-case scenario, nancial responsibility requirements removal costs in excess of the amount lack the capacity to cause a major oil have yet to be imposed on offshore fa- of financial responsibility provided by spill. This de minimis exemption re- cilities, this remains to be seen. the guarantor under the act. moves the potential for imposing an Nevertheless, it is important to point unjustifiably heavy financial burden on out that the report makes changes to CONCLUSION small businesses that pose only mini- direct action against guarantors only The Senate Environment and Public mal environmental risk. with respect to offshore facilities. This Works Committee, of which I am chair- Importantly, however, the conference narrow scope is intentional and it man, has jurisdiction over many of the report does not affect the liability of a would not be proper to expand it—to OPA issues addressed in the conference September 28, 1996 CONGRESSIONAL RECORD — SENATE S11797 report. Some of the other OPA amend- less. In typical fashion, the Coast specifically would: implement the ments in the report, however, are with- Guard has responded with a streamlin- International Safety Management Code in the jurisdiction of the Senate Com- ing plan that will trim $400 million for U.S. vessels engaged in foreign merce Committee. from the budget by 1998 and allow per- commerce; allow qualified third parties In that regard, I would like to thank sonnel reductions of 4000 people. As an such as the American Bureau of Ship- Commerce Committee Chairman PRES- example of the pragmatic approach the ping to conduct vessel safety inspec- SLER for his cooperation in facilitating Coast Guard has taken in this plan, we tions; allow greater use of foreign man- the coordination of the work of our two recently welcomed the Coast Guard ufactured safety equipment; and extend committees. In the same vein, special high endurance cutters, Dallas and Gal- the validity of Coast Guard certificates thanks also are due Senator STEVENS, latin, to their new homeport at the of inspection from 2 to 5 years, allow- chairman of the Subcommittee on Charleston Navy Base. By relocating ing earlier scheduling of annual inspec- Oceans and Fisheries. Coast Guard assets from expensive tions. The changes will help U.S. flag I also want to express my gratitude locales like Governors Island to areas vessels to become more competitive in to House Transportation and Infra- where the quality of life is high and the international trade and reflect the structure Chairman SHUSTER for his cost of living is reasonable, everyone Coast Guard’s commitment to har- willingness to work so cooperatively benefits. The Coast Guard is better monize U.S. regulations with inter- with the Senate on the differences be- able to meet both its budgetary bottom national requirements. In addition, the tween the House and Senate bills in line and its personnel needs. conference report provides relief to op- conference. Turning to the conference report, I erators of small passenger vessels from Finally, I want to thank Senators would like to highlight some key provi- the exorbitantly high inspection fees LIEBERMAN and LAUTENBERG, the two sions. With respect to the Coast Guard that the Coast Guard was forced to es- original cosponsors of S. 1730. These bridge program under the Truman- tablish in its efforts to achieve deficit Senators have worked diligently to Hobbs Act, the Federal Government reduction mandates. help shape the OPA amendments, first shares with the States the cost of al- The conference report also includes a offered in S. 1730 and now in the con- tering publicly owned bridges that ob- provision developed in cooperation ference report, so that the amendments struct the free movement of marine with Senator Lautenberg that would will best achieve their intended pur- traffic. The administration requested amend the act to Prevent Pollution poses. no funding for this account in fiscal from Ships [APPS] to strengthen re- Mr. HOLLINGS. Mr. President, I am year 1995, initiating a new policy under quirements that ports maintain recep- pleased to join with my colleagues in which the Coast Guard no longer would tion facilities to offload plastic wastes supporting the conference report on S. seek direct funding for alteration of generated by vessels at sea. The legis- 1004, the Coast Guard Authorization highway bridges. Instead, the adminis- lation calls for the Secretary to inspect Act of 1996. Congress has not completed tration proposed that the Federal share and maintains a list of such facilities action on a Coast Guard authorization of such projects be financed from the and for port operators to post placards bill since 1993. In recent years, the bill discretionary bridge funds of the Fed- encouraging reporting of any inadequa- has become the hostage of legislative eral Highway Administration, under cies. The report also amends the Ma- battles on issues that are completely the continuing program direction of rine Plastic Pollution Research and unrelated to the Coast Guard author- the Coast Guard. Control Act to: continue the Sec- ization. The conference report provides the retary’s biannual reporting to Congress Today, after many hours of discus- Secretary of Transportation with the on compliance with APPS; add a re- sion, I am pleased that the conferees fi- discretionary authority and the flexi- quirement to publish an annual list of nally have reached agreement on bility to fund the program from either APPS violators; establish a Marine De- wideranging legislation that enjoys the Coast Guard bridge account or the bris Coordinating Committee; and con- widespread support. The conference re- discretionary bridge fund of the Fed- tinue and expand the Federal public port authorizes funding of just over $3.7 eral Highway Administration. I antici- outreach program to include the use of billion annually for fiscal years 1996 pate that the Department of Transpor- grants. and 1997, provides for end-of-year mili- tation will use this new authority in Like most legislation, this con- tary strength and training loads and the months to come in developing a ference report reflects a compromise addresses a backlog of Coast Guard-re- plan to ensure stable funding for this and does not include some provisions lated administrative and policy issues. longstanding and essential part of our which this Senator would have liked to Among such issues, the bill provides national transportation safety pro- have had enacted. In particular, I was for: personnel administrative reforms gram. In addition, individual Truman- disappointed that we were unable to requested by the administration, ma- Hobbs bridge projects, such as the John persuade the House of Representatives rine safety and waterways manage- F. Limehouse Memorial Bridge in to accept the Senate provision on fund- ment improvements, updated authority Charleston, SC, are critically impor- ing for State boating safety programs. for the Coast Guard Auxiliary, regu- tant to address local transportation in- The Senate-passed provision would latory reforms for the U.S. maritime frastructure needs. Consequently, I have ensured that States receive a sta- industry, and tougher controls to re- would like to thank the Department ble source of financial assistance for duce marine plastic pollution. for working with me to identify $9 mil- the development and implementation The conference report recognizes lion in unused federal highway funds of a coordinated national recreational that the Coast Guard has an important that will be made available to begin boating safety program. This is an job and does it well. Indeed, the wide- construction of the Limehouse Bridge. issue that should be addressed early in spread support for the Coast Guard This bridge project is essential to im- the 105th Congress. budget reflects the breadth and com- prove navigation safety and provide for Over the past two centuries, the U.S. plexity of its missions—from protect- adequate evacuation of the Charleston Coast Guard has built an enduring rep- ing our maritime boundaries and the area in the event of another hurricane utation throughout the world for its safety of life at sea to preserving the or natural disaster. maritime safety, environmental pro- ocean environment and enforcing mari- On another matter, the Coast Guard tection, humanitarian, and lifesaving time laws and treaties. On an average has worked with the maritime industry efforts. We have all watched the val- day in 1994, the Coast Guard saved 14 in recent years to develop a package of iant and often heroic work of Coast lives, assisted 328 people, responded to amendments to existing marine safety Guard seamen and officers as they res- 34 oil or hazardous chemical spills, in- laws that would allow their implemen- cue desperate refugees who have taken spected 64 commercial vessels, seized tation in a more cost-effective and effi- to the seas in crowded and makeshift 379 pounds of illegal drugs, serviced 150 cient manner, reduce the regulatory boats. Even in the remote regions of aids-to-navigation, and interdicted 174 burden on the industry, and provide the world, the Coast Guard is present, illegal aliens. greater flexibility in making safety de- actively engaged in the enforcement of Over the years, we have continued to cisions. The amendments contained in United Nations embargoes against ask the Ocean Guard to do more with the conference report before us today countries like the former Republic of S11798 CONGRESSIONAL RECORD — SENATE September 28, 1996 Yugoslavia and Iraq. The men and support and I urge the adoption of the lutely everyone can agree is a good in- women of the Coast Guard respond conference report for S. 1004. vestment—the United States Coast with equal dedication during times of Mr. STEVENS. Mr. President, the Guard. This is something that I have war and peace. I ask my colleagues to Coast Guard is very important in Alas- observed at close range; the Coast recognize this service by joining me in ka, where the commercial fishing in- Guard is vital to my state of Massachu- supporting the conference report on S. dustry is the largest private sector em- setts, with its hundreds of miles of 1004. ployer. We have over half the coastline coastline, unforgiving storms, bustling Mr. PRESSLER. Mr. President, I rise of the United States, and sportsmen maritime industry, history-rich fishing to support adoption of the Coast Guard from around the world come to fish off industry and thriving recreational Conference Report for fiscal years 1996 Alaska. Alaskans and others rely on boating population. and 1997. the Coast Guard every single day in Moreover, the Coast Guard is vital to Mr. President, the Coast Guard has Alaska. the safety and well-being of citizens in broad ranging responsibilities—from At a national level, the Coast Guard every coastal state, and in every state enforcing America’s maritime laws to is also important. Nationwide last with navigable waters. Today, over 50 ensuring the safety of recreational year, the Coast Guard: (1) saved 4,450 percent of the U.S. population lives boaters. lives—an average of one life every two within the coastal zone, and directly Mr. President, like other Federal hours; (2) assisted 98,900 persons in dis- benefits from the services the Coast agencies, the Coast Guard faces the tress; (3) conducted 12,634 fisheries Guard provides. Indirectly, the Coast challenge of continuing to provide bet- boardings; (4) inspected 38,000 U.S. ves- Guard provides invaluable services to ter government at less cost. It is clear sels and 9,000 foreign vessels; (5) con- every American. In fact, more than the American taxpayers are demanding ducted 51 drug seizure cases, two-thirds of the total budget for the a smaller, more accountable Federal confiscating 23 tons of marijuana and Coast Guard is used for its operating Government. At the same time, the de- 49,000 pounds of cocaine; (6) conducted expenses, as it provides for the public mand for certain government services, 16,976 pollution investigations; (7) serv- safety, protects the marine environ- including those provided by the Coast iced 39,059 Federal navigation aids; and ment, enforces laws and treaties, main- Guard, continues to be great. The Com- (8) saved or protected $7.3 billion in tains aids to navigation, prevents ille- mandant of the Coast Guard, Admiral property, more than twice the Coast gal drug trafficking and illegal immi- Robert E. Kramek, recently announced Guard’s budget in 1995. In short, the gration, and preserves defense readi- his National Plan for Streamlining the Coast Guard performs functions that ness. Coast Guard, which will save, on a cu- are vital to every American who goes As we act on this bill, it is fitting mulative basis, nearly one billion dol- near the water. that we briefly review the history of lars by the year 2005 and make avail- The conference bill and statement re- our Nation’s oldest continuous sea- able over one billion dollars in prop- authorize the important activities of going service—that has fought in al- erty for other uses. Despite cuts of this the Coast Guard for fiscal years 1996 most every war since the Constitution magnitude, the Coast Guard will con- and 1997. Our statement explains each established our government in 1789. tinue to perform all its current mis- of the sections of the bill, so I will not Throughout its history of over two sions. I am pleased the Coast Guard is go through it in detail here. hundred years, the Coast Guard has making a serious effort to improve it’s I would like to thank Conference served as a multi-mission service, flexi- efficiency while maintaining its effec- Chairman BUD SHUSTER and his staff, ble enough to adjust to the needs of the tiveness. Rebecca Dye and Ed Lee. They have nation in peacetime as well as war- Mr. President, the conference report done a great job running this con- time. From its origins as the Revenue before us authorizes appropriations for Cutter Service enforcing tariff laws of the Coast Guard for fiscal years 1996 ference. In the Senate, I want to thank the young nation under Alexander and 1997 and authorizes several man- Chairman PRESSLER, and his staff Tom Hamilton’s command in 1789, to its ac- agement improvements requested by Melius and Jim Sartucci. Chairman tivities today of saving lives, enforcing the Coast Guard. Many Members on PRESSLER’s record as chairman this both sides of the aisle have expressed Congress has been remarkable. His ac- U.S. laws and treaties, ensuring mari- interest in this bill and we have ad- complishments have included the Tele- time safety and defense, maintaining dressed their requests as best we could. communications bill, the ICC disman- safe navigation and protecting the en- The conference report has broad bipar- tling bill, the Maritime Security bill, vironment, the Coast Guard has served tisan support. the Magnuson reauthorization, and and continues to serve the nation well. Mr. President, I believe the Coast now the Coast Guard authorization, to Because of this legacy of service, I Guard is up to the challenge of main- name a few. Both Tom Melius and Jim believe it is our responsibility to en- taining its status as the world’s pre- Sartucci have been invaluable to the sure that the Coast Guard has adequate mier maritime organization despite in- chairman and to me on the Coast resources for its missions as it prepares tense budget pressure. It is my belief Guard bill and other legislation. for the next century. We should be con- this authorization bill provides the Thanks also to Senator HOLLINGS and cerned that the Coast Guard is capable Coast Guard with the support it needs Subcommittee Chairman KERRY for of meeting its existing mandates and to meet that challenge. their help with this bill, and to their recognize the Coast Guard’s ever-ex- Mr. President, let me take this op- staff, Penny Dalton, Carl Bentzel and panding roles and missions in our portunity to thank the very capable Lila Helms. Lastly, I would like to coastal waters and beyond. Senator STEVENS, who is chairman of thank my legislative director, Earl The Commonwealth of Massachusetts our Oceans and Fisheries Subcommit- Comstock, and my staff on the Oceans has a long and storied involvement tee, for his leadership in developing the and Fisheries Subcommittee, Trevor with the sea and the Coast Guard. One original bill. I would like to recognize McCabe, for their work on S. 1004. of Alexander Hamilton’s 10 original Senator HOLLINGS, the ranking Demo- I strongly support the enactment of revenue cutters was built in the city of cratic member on the full committee this important legislation. Newburyport. Today’s Coast Guard cut- for his bipartisanship throughout this ∑ Mr. KERRY. Mr. President, I am ters are stationed in the ports of Bos- process. pleased to join my distinguished col- ton, Gloucester, Woods Hole, and New Mr. President, I would also like to leagues Senators STEVENS, HOLLINGS, Bedford. The first lighthouse built in thank Congressman SHUSTER, chair- and BREAUX in bringing this bill before the country was Boston Light in 1716. man of the House Transportation and the Senate today to authorize the pro- Today, Boston Light stands as the only Infrastructure Committee and chair- grams and activities of the United manned lighthouse still in operation in man of our Coast Guard Conference. He States Coast Guard for fiscal years 1996 the United States. The people of Mas- and his staff have worked long and and 1997. sachusetts love the water and many hard in completing our work on this In this time of dramatic changes in rely on it directly or indirectly for authorization. our society and our Government, I their livelihood. The men and women Mr. President, finally I thank my speak in support of an agency which I of the Coast Guard keep watch over the colleagues for their contributions and think virtually everyone if not abso- fishing fleets, the maritime industry, September 28, 1996 CONGRESSIONAL RECORD — SENATE S11799 and the over 145,000 recreational boats nology, global positioning system or fisheries laws. In determining whether registered in Massachusetts. Indeed, I GPS. For safety, this plan will include to close a station, I believe it is impor- believe that Massachusetts has a an appropriate timetable for transition tant for the Coast Guard to take into unique and historic relationship with from LORAN–C after it is determined account all the services provided by the Coast Guard. that GPS can serve adequately as a the station. The Coast Guard also But we all know that the Coast sole means of safe and efficient naviga- should contemplate the alternative Guard’s mission does not end at our tion. The plan must also take into con- measures for maintaining the station’s shore. It protects all of our interests sideration the need to ensure that current level of service in the area it throughout the world, in times of war LORAN–C equipment purchased by the serves. and peace. From supporting U.S. peace- public before the year 2000 has a useful The provisions in this bill establish a keepers in Haiti, to responding to oil economic life. This provision ensures more detailed and public process to ad- spills in the Persian Gulf, to support- that those that made the financial in- dress station closure issues and those ing drug interdiction efforts in South vestment in LORAN–C equipment will enunciated by the Senate appropria- and Central America, the Coast Guard not suddenly find that system is worth- tions Committee last year. My provi- has been there. Its work has been ex- less. sion includes the appropriators’ prohi- emplary, but it seems that we contin- The Coast Guard’s efforts to downsize bition on station closures for fiscal ually ask the Coast Guard to do more and streamline have been admirable, year 1996. However, the provision in with less, a practice that has persisted and, in general, I support the Coast this bill does not prohibit station clo- for some time. The Coast Guard is now Guard’s plans to streamline and con- sures in the future; it only requires the in the process of a 4-year downsizing solidate operations where possible. In Coast Guard to take into consideration and streamlining which will ultimately fact, I applaud the Coast Guard’s re- the unique local and regional condi- reduce the Service by 12 percent—4,000 cently announced streamlining plans tions, including water temperature, in reaching a closure decision. It also re- people and $400 million. I believe that which do not close or consolidate any quires the Coast Guard to determine we must eventually acknowledge the front-line operating units while they and take into account the cop on the finite limitations on Coast Guard capa- reduce the Service’s personnel by 1,000 beat effect of the station. The presence bilities and resources and I am deeply people and its overhead expense by $100 of the station, and boats and Coast concerned about some of the choices million. However, I am concerned by the proposal to close 23 of the Coast Guard personnel on the water, has a that it will be forced to make. The bill positive impact on local boaters and before us today will assist the Coast Guard’s front-line Small Boat Stations as a cost cutting effort to save $6 mil- serves as a deterrent to crime. This Guard in this respect, allowing it to do provision also requires the Secretary of lion. its job more effectively and efficiently. Transportation to ensure that the clo- This ultimately will benefit the public Another important issue is involved in the Coast Guard’s proposed closing sure of a station will not result in the by increasing the level of safety on the degradation of services that would Nation’s waterways. of small boat stations. I have looked closely at the criteria used by the cause significant increased threat to This bill contains an assortment of life, property, environment, public Coast Guard to develop the closure and significant provisions. Long awaited by safety or national security. Also im- station modification lists and was sur- the maritime industry, the Coast portant, the provision requires public prised to find absent from the criteria Guard regulatory reform provisions review procedures to be established and any consideration of local and regional contained in the bill will eliminate un- used by the Coast Guard so that those factors, including water temperature necessary and burdensome regulations coastal communities most impacted by and unusual tidal or current condi- on American shipping companies, ena- the closure of a station can submit tions. The Coast Guard uses a ‘‘one- bling them to be more competitive in comments on their concerns before the size-fits-all’’ approach to determining the world market. This reform will final decision is made. save precious resources while also re- response time for its small boat sta- Ultimately, though, nothing in the lieving an unnecessary burden from a tions. I believe that other important bill prohibits the Secretary of Trans- struggling industry. regional criteria such as severe weath- portation from implementing manage- A provision amending the Act to Pre- er conditions and tides and currents ment efficiencies within the small boat vent Pollution from Ships will should be considered as well. For exam- system, such as modifying the oper- strengthen Coast Guard enforcement ple, in some regions these conditions ational posture of units or reallocating capability for protecting the environ- could slow the average response, and resources as necessary to ensure the ment from plastics, will ensure ade- colder water temperatures could neces- safety of the maritime public nation- quate waste reception facilities at sitate a quicker response time. In 1789, wide. I believe that my provision gives ports and terminals, and will encour- Treasury Secretary Hamilton, the the Coast Guard the flexibility to make age public education and reporting pro- founding father of the service that the operational changes it needs to grams. eventually became the Coast Guard, make, but ensures that coastal commu- To increase the tools in our war on was the first to acknowledge that such nities, their residents, and the environ- drugs, the bill will provide new author- conditions matter when he allowed ad- ment are not put at risk by closing a ity for Federal law enforcement offi- ditional funding for the construction of station. cials by eliminating the potential de- two larger revenue cutters in order to I am extremely pleased to have se- fense of some would-be drug smugglers handle the harsh weather conditions cured another key provision for Massa- arrested during a vessel boarding at sea off the coast of New England. These chusetts in this bill—language that by the Coast Guard. Some smugglers conditions have not changed, and it is will permit financing to go forward to have thwarted prosecution by claiming equally legitimate and essential today revitalize the Fore River Shipyard in protection of another country’s flag for local and regional conditions to be Quincy, MA. Section 1139 of the bill is during legal proceedings, when at the addressed in any Coast Guard decision based on an amendment originally time of the Coast Guard boarding at process. This is not a consideration sought by Senator KENNEDY and me in sea when they were arrested, they limited only to Massachusetts—or even the Commerce-State-Justice appropria- claimed their vessel was a stateless to the New England region. Especially tion bill for fiscal year 1997, and later vessel. challenging conditions exist in num- amended by Majority Leader LOTT. In To make the best use of an existing bers of regions, including, for example, my view, Senator LOTT has not inap- technology, and to prevent a dangerous the Great Lakes and the Northwest Pa- propriately toughened up the language. disconnect to develop during the mi- cific. In the case of the Quincy project, this gration to a new navigation tech- The Coast Guard criteria also appear language will place a greater respon- nology, the bill calls for the Coast to exclude consideration of vital Coast sibility on the Commonwealth of Guard to develop a plan for the transi- Guard missions other than search and Massachussets to help underwrite the tion from the current ground-based rescue—including marine environ- necessary financing. I am satisfied that radio navigation technology [LORAN– mental protection; boating safety; en- the new language leaves enough discre- C] system to a satellite-based tech- forcement of drug, illegal alien, and tion to the Maritime Administration so S11800 CONGRESSIONAL RECORD — SENATE September 28, 1996 that a suitable arrangement can be tion can effectively write and pass good hand, what occurred with this spill. reached that is both affordable and ac- law. I also would like to acknowledge While it is too soon to fully grasp the ceptable to the Commonwealth. This is the hard work and long hours invested long term effects from this incident, it a matter on which I, Senator KENNEDY, by the staffs on both sides of the aisle, appears that the oil has dissipated and and Representative STUDDS have been including Penny Dalton and Lila Helms the lobstermen are again able to fish in working for over a year. on the Commerce Committee minority this area. During my tour, and the sub- Specifically, section 1139 establishes staff, and Tom Melius, Trevor McCabe, sequent conversations I have had with the basis for the Secretary of Transpor- and Jim Sartucci of the majority staff. the Coast Guard, it has become readily tation to assist certain shipyards, in- On my personal staff, I would like to apparent to me that there are two cluding the yard at Quincy, by facili- acknowledge the work of Kate English, problems that occurred related to this tating the extension of Federal loan Steve Metruck, Peter Hill and Tom spill that deserve additional attention guarantees for the reactivation and Richey on this bill. by the Coast Guard. modernization of those yards and the This bill is carefully considered, and The first issue involves the oil itself. construction of vessels by the yards. carefully written. It merits passage. I The number 6 oil that spilled in the Significantly, this section has been urge my colleagues to vote for it Piscataqua is classified as ‘‘group 5’’ carefully drafted to provide several today.∑ oil by the Coast Guard because it is layers of protection to the Federal tax- Mr. SMITH. Mr. President, I rise heavier than water and sinks to the payer, and to ensure the State where a today in support of the Coast Guard bottom when it is spilled. In Ports- yard is located shoulders a degree of Authorization Act which includes a mouth, little could be done to clean up the financial burden of revitalizing the number of provisions related to pre- this oil except to attempt to ‘‘fish’’ it yard, and also a portion of the finan- venting oil spills in the future. Two of off the bottom of the river utilizing oil cial risk. For example, subsection (d) these provisions were added to the bill sorbent pads tied to anchors dangled requires the State or a State chartered at my request, and arise out of an oil from boats. I think this is a primitive agency where the yard is located to de- spill that occurred in Portsmouth, NH way of addressing an important oil posit the amount of funds needed to on July 1, 1996. cleanup issue. cover the percentage of the risk factor For the benefit of my colleagues, I The second issue at this site involved cost under the Federal Credit Reform would like to take the chance to brief- the oil pumping operations on the ship. Act into the Federal treasury, and pro- ly explain the series of events that led Although we were fortunate that quick vides for the reversion of the funds to to this oil spill. At approximately 10:30 action resulted in the pumps being the State if no obligation needs to be p.m. on Monday, July 1st, the tanker shut off, if this action had not oc- paid from the deposited funds. I fully ‘‘Provence’’ was off-loading fuel at the curred, hundreds, if not thousands of expect that the percentage of the risk Schiller Station powerplant in Ports- gallons per minute could have been factor under this subsection will never mouth when, during a flood tide, the pumped into the river. It appears obvi- exceed 12 percent. It appears to me ship parted its mooring lines and began ous that we should not have to count that a deposit from the State of 12 per- to drift into the middle of the on luck in such an incident. cent will be more than adequate to ful- Piscataqua River. One of the workers Given these two circumstances, I felt fill the requirements associated with who was involved in off-loading the that it was urgent that we take a clos- the risk of default for a project of this ship, quickly acted to shut off the er look at these issues to determine if nature. pumps, but unfortunately, approxi- further action needs to be taken to pre- This provision is significant to my mately 1000 gallons of number 6 fuel vent a reoccurrence of these types of State because the Quincy Shipyard oil, which was contained in the hoses of spills in the future. For this reason, I project is the first of its kind. It is the the ship, spilled into the river. The drafted an amendment to attach to the first project to revitalize an inoper- ship then drifted over to the Maine side Coast Guard Authorization Act. This ative shipyard and put it back into pro- of the river and ran aground. Given the amendment addresses the two problems duction as a state-of-the-art facility fact that the ship contained 250,000 bar- highlighted during the spill in Ports- that will employ up to two thousand rels of oil, it is fortunate that a much mouth. The first provision would re- workers in good jobs. This is an amend- more serious accident did not occur. quire a study of cleanup methods for ment that makes sense, because the Less than 15 minutes after the group 5 oils and a report to be submit- proposal to revitalize the Quincy Ship- grounding occurred, the Portsmouth ted to Congress within 18 months of the yard will turn it into a shipyard on the Response Co-op, a local entity created passage of this legislation. The second cutting edge of technology and one to respond to these types of spills, had provision would require a study of the which will produce vessels that will be already begun stationing oil contain- need for automatic fuel shutoff equip- in demand in the international market- ment booms around the tanker, and a ment and a report to be submitted to place for years—double-hulled oil tank- little more than one-half hour after Congress within 18 months. In addition, ers to carry petroleum safely around that, the Coast Guard was at the site this amendment gives the Secretary of the world. The Federal Government’s responding to the spill. Although there Transportation the authority to adopt investment in the Quincy Shipyard will was a quick response to this incident, a rulemaking to take action on these be repaid many times over through the the number 6 oil that was spilled at two issues if he finds, as a result of the jobs that will be created, and through this site is a type of oil that is heavier studies, that action is necessary to the renewed position of American mar- than water, and thus, sank to the bot- abate a threat to public health and the itime leadership that the project will tom of the Piscataqua River. The re- environment. help us attain. Now that Congress has sult was that thousands of lobsters I would like to thank the Republican done its part, it is incumbent upon the were soiled or killed in an area that is Leader Senator LOTT, the chairman of Commonwealth, the city of Quincy, the a prime fishing spot for the lobstermen the Energy Committee, Senator Massachussets Heavy Industries Corp., of my State. CHAFEE, Senator STEVENS, the chair- and the Maritime Administration to Notwithstanding the fact that they man of the Subcommittee on Oceans make this project a reality. were limited in their ability to respond and Fisheries, and Senator PRESSLER, This bill is the culmination of almost to the spill, I believe that the local the chairman of the Commerce Com- 2 years of effort. and I would like to fishermen, the Portsmouth Co-op, the mittee, for their willingness to work thank the chairman of the subcommit- State of New Hampshire Department of with me to have this amendment tee, Senator STEVENS, the chairman of Fish and Game and the United States adopted. I believe that this study will the Commerce Committee, Senator Coast Guard should all be commended lead to solutions that will avoid these PRESSLER, and the committee’s rank- for their expeditious and highly profes- problems in the future, and I urge my ing Democrat, Senator HOLLINGS, for sional response to this spill. colleagues to support it. their hard work in bringing this bipar- Soon after the spill, I was able to Mr. LIEBERMAN. Mr. President, I tisan bill to the floor. I believe this bill take a tour of the Piscataqua on the rise today to express my strong support and the work of the four of us provide boat of Mr. Ed Heaphy, a lobsterman in for the provisions in this bill designed a superb example of how this institu- my State, in order to understand, first to strengthen our oil spill prevention September 28, 1996 CONGRESSIONAL RECORD — SENATE S11801 laws. This bill incorporates key provi- Another important provision of the nate to receive. Senator STEVENS, the sions of S. 1730, legislation introduced bill reaffirms that the Oil Pollution Oceans and Fisheries Subcommittee by Senator CHAFEE which I was proud Act of l990 allows those who have suf- chairman, and Senator PRESSLER, our to cosponsor. I congratulate Senator fered economic loss from an oil spill to full committee chairman, have done an CHAFEE for his outstanding work in receive payment for interim, short- impressive and artful job of shepherd- this area and I was delighted to be able term damages without losing their ing this bill past many seemingly in- to work closely with him on these pro- right to recover all damages down the surmountable obstacles and pitfalls. visions. road. In Rhode Island, some fishermen This bill teetered on the precipice on Last February in Rhode Island, Sen- who needed money immediately for several occasions during the past 2 ator CHAFEE and I had the unfortunate their daily existence were reluctant to years, and each time, Senators STE- responsibility to review the tragic eco- pursue partial claims because of fear VENS and PRESSLER rescued and revived nomic and environmental impacts of that they might waive their rights to the measure. Their deft handling of the oil spill resulting from the ground- long-term damages. They suffered sig- this measure is what has brought it so ing of the barge North Cape off the nificant hardship, and we want to as- close to enactment. coast of Rhode Island. At that hearing sure that such a situation will not hap- Mr. President, the American people and in subsequent hearings in Washing- pen again. want this bill. The Coast Guard pro- ton, we also examined the implementa- The bill also strengthens the current vides an essential service for our coun- tion of the Oil Pollution Act of l990. law’s requirement for compliance with try. It makes the waters of this mari- We learned during those hearings a response plan in the event of a spill. time Nation safe for the mariners of all that one of the goals of the l990 Act— It provides that such plans must be fol- stripes who ply our waters—the com- improving the response time for an oil lowed unless deviation would provide mercial and sport fishermen, the mer- spill—was largely fulfilled. Unfortu- for a more expeditious or effective re- chant seamen, the sailing enthusiasts, nately, we also learned that the pollu- sponse to an oil spill or mitigation of the cruise ship passengers, and others. tion prevention provisions of the Act its effects. It defends our borders from the depre- were not working as well as the re- The bill also includes an important dations of the drug lords who would ex- sponse provisions. We also heard about study that the Secretary, in coordina- port their poison to our communities. concerns with implementation of some tion with the Marine Board, must con- It protects our waters from oil spills of the provisions designed to ensure ex- duct on the risk of oil spills from and other forms of marine pollution. peditious compensation for the victims lightering operations, including rec- We need to reauthorize and update of oil spills, such as the fishermen in ommendations on measures that would the legislative authorities for this crit- Rhode Island. ical agency, and this conference report We learned at our hearings that the likely further reduce the risks of oil spills from lightering operations. These does a good job in that regard. Not regulatory system for tows and barges only does this report include necessary is woefully inadequate, even though recommendations should help to pro- tect our local marine environment reforms and authorities for the Coast they travel through some of the most Guard, but it is a fiscally responsible environmentally sensitive areas and from the threats posed by such spills. Oil spills are an unfortunate fact of piece of legislation. It authorizes ap- stormy waters. For example, barges are modern life, but their effect on our proximately $3.8 billion for the Coast not required to have an operable an- Guard in fiscal years 1996 and 1997. This chor on board. Such an anchor would world, the economy, and people can be minimized if we write and enforce good amount represents a very small in- have slowed, if not stopped, the barge crease over the funding levels in the North Cape from drifting toward the laws that make spills rarer, allow quicker cleanup and provide adequate previous authorization which expired Rhode Island shore, according to an ex- in 1993. compensation to victims. The Oil Pol- pert witness at one of our hearings. Mr. President, I would also like to lution Act of l990 helped make the There are no requirements for adequate specifically mention several provisions firefighting equipment on towing ves- Rhode Island spill of l996 less severe in the report that are based on amend- sels. The grounding of the barge North than it might otherwise have been. But ments I sponsored or cosponsored with Cape was triggered by a fire on board the spill might have been avoided alto- other Senators during consideration of the tug Scandia and the crew of the gether, and that must remain our goal the Senate bill, and that have been re- Scandia apparently was unable to gain for the future. Enactment of the legis- tained in the conference report. access to the area where the fire sup- lation we are considering today will One of the longest lasting legacies of pression system was located. help move us toward that goal. this bill will be the preservation of 36 I am pleased that this legislation ad- Ms. SNOWE. Mr. President, I rise in lighthouses on the coast of Maine. This dresses many of the problems we strong support of the conference report provision originated as a stand-alone learned about in the aftermath of the for the Coast Guard Authorization Act bill earlier in the year, S. 685. It was Rhode Island spill. Let me review just of 1996. adopted by the full Senate in S. 1004, a few of the highlights. Mr. President, many senators, par- the Senate Coast Guard bill, and it is The bill takes strong steps to reduce ticularly those who represent land- included in the conference report. the risks of oil spills from single hull locked States, would probably not This provision will create the Maine tank barges. By October 1, l997, the think of a Coast Guard reauthorization Lights program to transfer these his- Secretary of Transportation must issue bill as being a very difficult undertak- torically and environmentally impor- a rule requiring single hull tank barges ing. But the development and negotia- tant lighthouses to new owners who to have at least one of the following: a tion of this bill has not been easy. will agree to maintain them, preserve crewmember and an operable anchor on Three years have elapsed since the their historic character, preserve eco- board the barge that can stop the barge Coast Guard was last reauthorized, logical resources on adjacent property without additional assistance; an emer- even though this essential agency is like seabird nesting habitat, and pro- gency system on the barge or towing supposed to receive an annual author- vide access to the public. In short, this vessel that will allow the barge to be ization like the Defense Department. legislation provides a way to preserve retrieved by the towing vessel if the Unfortunately, several controversial is- these lighthouses at very little or no towline ruptures; or other measures sues have slowed the progress of this cost to the federal government. that the Secretary determines will pro- bill, and it was not until yesterday Mr. President, long after this bill vide comparable protection against that the last of these was finally re- passes, when citizens from all over the barge grounding. solved between the Members of the country visit the Maine coast and ad- The legislation also requires that by House and Senate on both sides of the mire the lighthouses, they will have October 1, l997, the Secretary require aisle. this Congress to thank for its vision the installation of fire suppression sys- I think the fact that we have gotten and its commitment to preserving such tems or other measures to provide as- the bill this far—to the verge of send- a valuable piece of the Nation’s coastal surance that a fire on board a towing ing a conference report to the Presi- heritage. vessel towing a tank vessel can be sup- dent—is a testament to the expert Times have changed since the light- pressed. leadership that the bill has been fortu- houses that we will protect in this bill S11802 CONGRESSIONAL RECORD — SENATE September 28, 1996 were first constructed, but one thing To address this kind of problem, my deserves the strong support of all Sen- hasn’t changed: the heart of the Coast amendment, which was modified in co- ators, and I would urge my colleagues Guard’s mission is still the human operation with other senators prior to to vote yes and send it to the Presi- emergency response, the rescues at sea. adoption of the conference report, will dent. It’s critical that the Coast Guard main- allow foreign-registered oil spill re- CRUISE SHIP REVITALIZATION ACT tain this capability to respond prompt- sponse vessels to be used in U.S. waters Mrs. BOXER. Mr. President, today we ly and professionally to all accidents in in the event of an oil spill. The author- close a 3-year effort to fix a problem in American waters, even while we are en- ity only applies on a temporary and State law that has led to scores of gaged in the necessary process of bal- emergency basis, however. And it only cruise ships bypassing my State of ancing the budget and protecting the applies as long as U.S.-documented re- California, taking thousands of jobs fiscal health of the Nation. sponse are not available to respond in a and millions of dollars in needed reve- Senator KERRY and I authored an timely manner. Furthermore, the nue with them. Our ship, finally, has amendment in the Commerce Commit- modified amendment makes this au- come in, and I thank my colleagues tee to prevent the Coast Guard from thority contingent on the nation in here who have helped bring the cruise closing any of its small-boat, multi- which the foreign vessel is registered ships back to the Golden State. mission stations unless the Secretary providing the same privileges to U.S. The conference report the Coast first certifies that the closure will not response vessels. Guard Authorization Act includes my result in a degradation of services that This provision will help to ensure legislation, the California Cruise In- threatens life, property, the environ- that U.S. waters like Passamaquoddy dustry Revitalization Act, S. 138, that ment, or public safety. Language that I Bay receive the maximum amount of responds to pleas from ports in my included in this amendment provided, protection from an oil spill, while giv- State—and the California Legislature— in particular, that a proposed station ing U.S. recovery vessels priority con- to overturn a State law that has closure will not hamper the Coast sideration for doing the work if they harmed the cruise ship industry and Guard’s ability to meet its 2-hour are available. the hundreds of jobs it creates. The standard for responding to search and Mr. President, as we consider this California Cruise Industry Revitaliza- rescue requests. conference report, the State of Maine At the request of the House, we tion Act has strong bipartisan support and the Coast Guard are grappling with agreed to streamline the Senate provi- and no opposition. It affects only my a significant oil spill that occurred sions for the conference report, but the State. yesterday in Portland harbor. The spill report maintains the key components I am thrilled to announce that be- occurred after a tanker carrying diesel of our amendment. The Coast Guard cause of our high-profile efforts to win fuel struck a drawbridge. This is obvi- will still have to certify that the clo- this provision in the past week—either ously a very unfortunate development, sure of a small boat station will not as part of the Coast Guard bill or the impair the agency’s ability to maintain and we wish it had not happened. Once FAA bill—two major cruise lines have the safety of the maritime public. It the spill has been cleaned up, it will be announced that they will return to the will still have to ensure that search thoroughly investigated by federal au- Port of San Diego by the end of the and rescue standards, such as the two- thorities. year, if this legislation passes. The two But the spill does underscore the hour response time, will have to be lines, Royal Caribbean and Carnival very serious need to make sure that all met. And it will still have to ensure Cruise, pulled out in 1992. of our coastal areas are fully equipped that the extra safety threats posed by The section of the conference report unique or special marine conditions, to respond effectively to oil spills. The incorporating my bill corrects a prob- such as exceedingly cold water, will be conference report contains a number of lem that occurred when California re- fully considered before any stations are provisions to do that, including the sponded to a 1992 congressional amend- closed. This is a very important provi- amendment that I just described, and ment to the Johnson Act, permitting sion that will guarantee that the safe- these provisions take on an added ur- states to prohibit gambling on intra- ty of the maritime public will not be gency in light of the Portland oil spill. state cruises. The California law was Finally, I wanted to reference the diminished if the Coast Guard decides written to prevent a proliferation of to close a small-boat station. section on financial responsibility casino development on Indian land Mr. President, another provision that under the Oil Pollution Act. I offered within the State as well as to reinforce I sponsored during Senate consider- an amendment in the Commerce Com- the longstanding statutory prohibi- ation and that has been retained in the mittee that addressed the aspect of tions against gambling ships and conference report will facilitate a this issue dealing with marinas and on- cruises to nowhere. Unfortunately, it timely and effective response in the shore fuel terminals. Under some cur- also prohibited ships on international event of an oil spill in certain areas rent interpretations of OPA, these fa- cruises from making multiple ports of near our foreign borders such as Passa- cilities could have been subjected to call within the State. maquoddy Bay on Maine’s border with the act’s extremely expensive financial My legislation simply makes a tech- Canada. responsibility requirements, even nical change to the Johnson Act, al- Passamaquoddy Bay is a large, vir- though the act was intended to cover lowing a cruise ship to make multiple tually pristine bay and estuary system offshore drilling platforms and other ports of call in one State and still be that is internationally recognized as a large production facilities that could considered on an interstate or inter- staging area for migratory waterfowl be involved in large oil spills. national voyage. and shorebirds. In addition, the bay Mr. President, the financial respon- This legislation is essential to restor- area has substantial economic value, sibility language in the report reflects ing California’s cruise ship industry, hosting major aquaculture and com- a compromise that Senators on the which has lost 2,400 direct and indirect mercial fishing operations, a vibrant Commerce and EPW Committees, and jobs and $325 million in tourist revenue tourism industry that depends on the Members of the House, negotiated on since 1993. Many cruise ship companies health of the bay, and one of Maine’s this issue. Among other things, it sim- have bypassed second and third ports of three major cargo ports. ply clarifies that marinas and onshore call within California. Unfortunately, this important re- fuel terminals are not subject to OPA’s The State’s share of the global cruise source would be relatively unprotected financial responsibility requirements. ship business has dropped from 10 to 7 in the event of a major oil spill. The This legislation will benefit many percent at the same time that growth State of Maine does not have an ade- small businesses, boaters, commercial in the cruise ship business overall has quate number and type of oil spill re- fishermen, oil distributors, and fuel climbed 10 percent a year. Our lost sponse vessels in the vicinity of Passa- consumers across the country without market share has gone not to other maquoddy Bay. Some Canadian-reg- jeopardizing important environmental States but to foreign countries along istered vessels based north of the bay protections. the Pacific coast. could do the job, but current federal Mr. President, this is a very good Mr. President, this legislation is not law prevents these vessels from operat- bill, and it is the result of a lot of hard simply a matter of getting Washington ing in U.S. waters. work and painstaking negotiation. It out of the way, as some have said. The September 28, 1996 CONGRESSIONAL RECORD — SENATE S11803 1994 California Assembly Joint Resolu- proceed to the immediate consider- and urge my colleagues to support this tion No. 40 specifically states, ‘‘That ation of H.R. 543, which was received very important reauthorization bill. California memorializes Congress to from the House. H.R. 543 represents another step to- amend the Johnson Act to remove Cali- The PRESIDING OFFICER. Without ward fulfilling a national commitment fornia’s authority to regulate gambling objection, it is so ordered. The clerk to further protect our coastal oceans, on cruise ships traveling to foreign will report. sustain marine biological diversity and ports or on segments of voyages going The legislative clerk read as follows: fishery stocks, and encourage com- to another State or country,* * *’’ A bill (H.R. 543) to reauthorize the Na- prehensive natural resource manage- Furthermore, the California Trade tional Marine Sanctuaries Act, and for other ment that provides for appropriate rec- and Commerce Agency wrote the Sen- purposes. reational and commercial activities. ate Commerce Committee urging sup- The PRESIDING OFFICER. Is there The marine sanctuary program suc- port for this legislation. objection to the immediate consider- Today, we fulfill that request. We cessfully demonstrates that environ- ation of the bill? mental protection and economic oppor- have been able to do so because of the There being no objection, the Senate hard work of many people in and out- tunity can co-exist. We can have both proceeded to consider the bill. jobs and environmental conservation. side of this Congress. I first want to Mr. KERRY. Mr. President, since the thank former Congresswoman Lynn day I arrived in the Senate nearly H.R. 543 is a straightforward reau- Schenk of San Diego, who first brought twelve years ago, I have worked hard thorization bill. It makes only minor this bill to my attention. Lynn per- to address the many challenges con- changes to the Sanctuaries Act, and on suaded her House colleagues to pass fronting our ocean and coastal re- balance, it strengthens the sanctuary this provision which was included in sources. After all, few states draw as program. The bill provides $45.5 million several maritime bills which passed the much of their national and regional over the next 3 fiscal years to fund the House in 1994 only to die in the legisla- identity from their coastal areas and management of the 14 existing marine tive gridlock that fall. contiguous oceans as does Massachu- sanctuaries, including the Stellwagen Unfortunately, Lynn did not return setts. Bank National Marine Sanctuary off to renew the fight in the 104th Con- Often with my distinguished col- Massachusetts Bay. I am assured by gress. However, the Port of San Diego leagues, the Senator from South Caro- NOAA that this amount is adequate to and other ports in California took up lina, Senator HOLLINGS, and the Sen- sustain present management activities the call and repeatedly wrote and ator from Alaska, Senator STEVENS, I at all existing sanctuaries. In addition, called congressional leaders urging have worked to improve national ma- this bill provides important authority support for this measure. Congratula- rine resource management. My efforts to NOAA to develop alternative fund- tions Lynn. I was honored to work with have come through my membership on ing sources to augment government you. the Senate Commerce, Science and spending and enhance marine sanc- Last year, the Committee on Com- Transportation Committee, and par- tuary research and management activi- merce, Science, and Transportation ticularly as ranking member on the ties. agreed to attach my bill to the Coast Oceans and Fisheries Subcommittee This bill makes permanent the tem- Guard Act. I want to thank Senator and as co-chair of the subcommittee’s porary authority given to NOAA in 1992 HOLLINGS, the committee’s ranking predecessor, the former National Ocean to market and license a sanctuary pro- member, and his staff, for their unwav- Policy Study (NOPS). gram logo developed as part of a pilot ering support for my provision as the Over the past 25 years, Congress has logo program. Not only will this reve- Coast Guard bill in conference entered worked to develop innovative policy nue enhancement program broaden the troubled waters with unrelated, con- solutions to enable the long-term pro- recognition of the sanctuary program, troversial matters inserted in the tection, conservation, utilization and it will provide opportunities to develop House version. management of our vulnerable marine supplemental funding to support sanc- I also want to thank Senator FORD, resources. We have acted to ensure ranking member of the Aviation Sub- tuary management activities. Amounts strong coastal economies in Massachu- committee, for his stalwart support generated from this new initiative are setts and a clean, healthy coastal envi- not only in attaching my bill to the expected to be quite limited at first, ronment from the Gulf of Maine to the FAA Reauthorization Act but to mak- but are an important step in the long- Gulfs of Mexico and Alaska. term development of the marine sanc- ing sure it stayed there in conference One of these innovative programs is with the House until we were assured tuary program. the Magnuson Fisheries Conservation H.R. 543 also addresses the current of the Coast Guard bill’s passage. and Management Act, which in 1976 in- We could not have won this victory controversy regarding the designation troduced the new concept of domestic without the help of the distinguished of a new marine sanctuary in Washing- fishery management councils to guide Democratic leadership of the commit- ton state. The members of the Commit- the development of commercial fishery tee, Senator HOLLINGS and Senator tee on Commerce, Science, and Trans- management plans. In close concert FORD. California owes a debt of grati- portation have worked closely with with Senator STEVENS, Senator HOL- tude to their leadership. Senator MURRAY to address these con- My thanks also to Congress Members LINGS and several other Senators, I cerns and we are pleased that this bill have worked long and hard during this JANE HARMAN, BRIAN BILBRAY and BOB reflects those changes agreed upon. Congress to strengthen and reauthorize FILNER who worked hard to get this the Magnuson Act. I am delighted that Finally, Mr. President, I would be re- bill through the House. miss if I did not at this time recognize Mr. NICKLES. Mr. President, I ask this effort has been successful and that the bill is on its way to the White the dedication to the cause of ocean unanimous consent that the conference and coastal resource protection of my report be considered adopted, the mo- House for the President’s signature. It will greatly aid us in ensuring eco- esteemed colleague and friend from tion to reconsider be laid upon the Massachusetts, GERRY E. STUDDS, who table, and, finally, that any statements logically and economically sustainable fisheries for future generations. has been an outstanding leader in the relating to the conference report be Congress on this issue. placed at the appropriate place in the Another successful innovation in ma- rine resource protection has been the For the 20 years that GERRY STUDDS RECORD. The PRESIDING OFFICER. Without National Marine Sanctuary Program, has served in Congress, he has dem- objection, it is so ordered. created in 1972 and last reauthorized in onstrated time and time again a re- The conference report was agreed to. 1992. Administered by the National sponsiveness to the needs of his con- f Oceanic and Atmospheric Administra- stituents. These needs understandably tion (NOAA), the National Marine have been shaped very often by the im- NATIONAL MARINE SANCTUARIES Sanctuary Program is a proven success portant marine and coastal resources ACT and one in which we should all take of Massachusetts. Through his close Mr. NICKLES. Mr. President, I ask pride. I strongly support the National and constant association with the unanimous consent that the Senate Marine Sanctuaries Preservation Act ocean, GERRY STUDDS has developed a S11804 CONGRESSIONAL RECORD — SENATE September 28, 1996 sensitivity and insight into the com- tion needs of the Northwest Straits in tion of the Fort Peck Rural County plexity of the marine and coastal envi- an objective and open forum. Many Water Supply System, to authorize as- ronment that few members could chal- members of the local communities sistance to the Fort Peck Rural Coun- lenge. This insight has served him well have serious concerns about the per- ty Water District, Inc., a nonprofit cor- as a Chairman of the former House formance of NOAA over the last several poration, for the planning, design, and Merchant Marine and Fisheries Com- years with regard to the proposed sanc- construction of the water supply sys- mittee, and in his present capacity as tuary. To establish a new advisory tem, and for other purposes. ranking member on the House Sub- committee under NOAA’s control The PRESIDING OFFICER laid be- committee on Fisheries, Wildlife and would only perpetuate those concerns. fore the Senate the following message Oceans. Let there be no mistake: I think it is much better if such local from the House of Representatives: GERRY STUDDS’ mark on national envi- commissions or committees develop on Resolved, That the bill from the Senate (S. ronmental policy, especially in the ma- their own, independent from the NOAA 1467) entitled ‘‘An Act to authorize the con- struction of the Fort Peck Rural County rine environment, has been profound. process, much as the Marine Resources Water Supply System, to authorize assist- Section 11 of H.R. 543 formally Committee in the San Juan Islands has ance to the Fort Peck Rural County Water changes the name of the existing done. District, Inc., a nonprofit corporation, for Stellwagen Bank sanctuary off the It is my understanding that as NOAA the planning, design, and construction of the coast of Massachusetts to the ‘‘Gerry continues with its assessment of the water supply system, and for other pur- E. Studds Stellwagen Bank National resource protection needs of the North- poses’’, do pass with the following amend- Marine Sanctuary.’’ I realize after hav- ment: west Straits, it will provide personnel Strike out all after the enacting clause, ing worked closely with Congressman and technical expertise and informa- and insert: STUDDS on the designation of tion to any local advisory committees SECTION 1. SHORT TITLE. Stellwagen Bank in 1992 how deeply he or commissions that may develop and This Act may be cited as the ‘‘Fort Peck Rural feels about this very special place. It is will include any recommendations put County Water Supply System Act of 1996’’. a fitting tribute that this unique ma- forward by such committees or com- SEC. 2. DEFINITIONS. rine resource, which he worked so hard missions in NOAA’s assessment. For the purposes of this Act: to protect for future generations, My amendment will allow us to move (1) CONSTRUCTION.—The term ‘‘construction’’ means such activities associated with the actual should bear his name. His knowledge, this important bill forward with bipar- development or construction of facilities as are his expertise and his humor will all be tisan consensus. I appreciate the sig- initiated on execution of contracts for construc- missed. I will miss him as a friend and nificant role the Marine Sanctuaries tion. colleague in the Congress. But the Program plays in the protection of our (2) DISTRICT.—The term ‘‘District’’ means the Gerry E. Studds Stellwagen Bank Na- Nation’s ocean resources. The protec- Fort Peck Rural County Water District, Inc., a tional Marine Sanctuary will remain a tion of marine life and marine habitat nonprofit corporation in Montana. constant reminder of his impressive en- (3) FEASIBILITY STUDY.—The term ‘‘feasibility is a worthy goal. Marine sanctuaries study’’ means the study entitled ‘‘Final Engi- vironmental legacy. may not only protect the marine envi- neering Report and Alternative Evaluation for In closing, Mr. President, I have ronment but may also support regional the Fort Peck Rural County Water District’’, worked closely this Congress with my economies by creating recreational and dated September 1994. friend, the Chairman of the Oceans and tourism opportunities and enhancing (4) PLANNING.—the term ‘‘planning’’ means Fisheries Subcommittee, Senator STE- commercial fisheries and associated in- activities such as data collection, evaluation, VENS, to pass strong, positive marine dustries by providing refuges for fish design, and other associated preconstruction ac- resources legislation that reflects and and other marine life. I fully support tivities required prior to the execution of con- reaffirms the importance of ocean and tracts for construction. this legislation, and I urge my col- (5) SECRETARY.—The term ‘‘Secretary’’ means coastal resources to our Nation and en- leagues to support our agreement. the Secretary of the Interior. sures they are treated as the priceless Mr. NICKLES. Mr. President, I ask (6) WATER SUPPLY SYSTEM.—The term ‘‘water and essential natural resources they unanimous consent that the bill be supply system’’ means the Fort Peck Rural are. Not unlike the Sustainable Fish- deemed read a third time, passed, the County Water Supply System, to be established eries Act (S. 39), the Antarctica bill motion to reconsider be laid on the and operated substantially in accordance with the feasibility study. (H.R. 3060), and the reauthorization of table, and any statements relating to SEC. 3. FEDERAL ASSISTANCE FOR WATER SUP- the Coastal Zone Management Act the bill be placed at the appropriate PLY SYSTEM. (H.R. 1965), this bill is another positive place in the RECORD. (a) IN GENERAL.—Upon request of the District, step toward ensuring that our Nation’s The PRESIDING OFFICER. Without the Secretary shall enter into a cooperative vital marine and coastal resources are objection, it is so ordered. agreement with the District for the planning, conserved and sensibly managed for the The bill (H.R. 543) was deemed read design, and construction by the District of the benefit of all. I wholeheartedly support the third time and passed. water supply system. Title to this project shall remain in the name of the District. this bill and urge my colleagues to do f (b) SERVICE AREA.—The water supply system the same. shall provide for safe and adequate rural water Mrs. MURRAY. Mr. President, I ORDER FOR COMMITTEES TO FILE SPECIAL REPORTS supplies under the jurisdiction of the District in thank the distinguished chairman and Valley County, north-eastern Montana (as de- ranking member of the Commerce Mr. NICKLES. Mr. President, I ask scribed in the feasibility study). Committee, as well as Senator GORTON unanimous consent that on November (c) AMOUNT OF FEDERAL CONTRIBUTION.— and Congressman METCALF, for their 21, 1996, between the hours of 10 a.m. (1) IN GENERAL.—Subject to paragraph (3), work on this bill. and 2 p.m. committees have the au- under the cooperative agreement, the Secretary shall pay the Federal share of— We have reached an agreement on the thority to file special reports on non- (A) costs associated with the planning, design, provisions regarding the Northwest legislative matters only. This does not and construction of the water supply system (as Straits of Washington State which I include executive matters such as trea- identified in the feasibility study); and think will serve everyone’s best inter- ties or nominations, nor does it allow (B) such sums as are necessary to defray in- est. My amendment to the House committees to report bills or resolu- creases in the budget. passed bill deletes language establish- tions after the sine die adjournment. (2) FEDERAL SHARE.—The Federal share re- ferred to in paragraph (1) shall be 75 percent ing a local advisory committee under The PRESIDING OFFICER. Without and shall not be reimbursable. the control of NOAA, while retaining objection, it is so ordered. (3) TOTAL.—The amount of Federal funds the requirement that final designation f made available under the cooperative agreement of a marine sanctuary in the Northwest shall not exceed the amount of funds authorized Straits occur only via congressional FORT PECK RURAL COUNTY to be appropriated under section 4. authorization. WATER SUPPLY SYSTEM ACT OF (4) LIMITATIONS.—Not more than 5 percent of I was concerned that the creation of 1996 the amount of Federal funds made available to a NOAA-controlled advisory committee Mr. NICKLES. Mr. President, I ask the Secretary under section 4 may be used by the Secretary for activities associated with— would undermine the very intent of the Chair lay before the Senate a mes- (A) compliance with the National Environ- bringing local community members to- sage from the House of Representatives mental Policy Act of 1969 (42 U.S.C. 4321 et gether to consider the resource protec- on (S. 1467) to authorize the construc- seq.); and September 28, 1996 CONGRESSIONAL RECORD — SENATE S11805

(B) oversight of the planning, design, and (5) DEPRIVATION OF LAWFUL DUTIES, TAXES, SEC. 6. CLARIFICATION OF FEES FOR CERTAIN construction by the District of the water supply OR FEES.—Section 592(d) of the Tariff Act of CUSTOMS SERVICES. system. 1930 (19 U.S.C. 1592(d)) is amended by striking (a) IN GENERAL.—Section 13031(b)(9)(A) of the SEC. 4. AUTHORIZATION OF APPROPRIATIONS ‘‘or fees be restored’’ and inserting ‘‘and fees be Consolidated Omnibus Budget Reconciliation There are authorized to be appropriated to restored’’. Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is amended— carry out this Act $5,800,000. This authorization (6) RECONCILIATION TREATED AS ENTRY FOR (1) by striking ‘‘centralized hub facility or’’ in shall terminate after a period of 5 complete fis- RECORDKEEPING.— clause (i); and cal years after the date of enactment of this Act (A) Section 401(s) of the Tariff Act of 1930 (19 (2) in clause (ii)— unless the Congress has appropriated funds for U.S.C. 1401(s)) is amended by inserting ‘‘record- (A) by striking ‘‘facility—’’ and inserting ‘‘fa- the construction purposes of this Act. This au- keeping,’’ after ‘‘reliquidation,’’. cility or centralized hub facility—’’, (B) Section 508(c)(1) of such Act (19 U.S.C. thorization shall be extended 1 additional year (B) by striking ‘‘customs inspectional’’ in sub- 1508(c)(1)) is amended by inserting ‘‘, filing of a if the Secretary has requested such appropria- clause (I), and reconciliation,’’ after ‘‘entry’’. tion. The funds authorized to be appropriated (7) EXTENSION OF LIQUIDATION.—Section (C) by striking ‘‘at the facility’’ in subclause may be increased or decreased by such amounts 504(d) of the Tariff Act of 1930 (19 U.S.C. (I) and inserting ‘‘for the facility’’. as are justified by reason of ordinary fluctua- 1504(d)) is amended— (b) DEFINITIONS.—Section 13031(b)(9)(B)(i) of tions in development costs incurred after Octo- (A) in the first sentence, by inserting ‘‘, unless the Consolidated Omnibus Budget Reconcili- ber 1, 1994, as indicated by engineering cost in- liquidation is extended under subsection (b),’’ ation Act of 1985 (19 U.S.C. 58c(b)(9)(B)(i)) is dices applicable to the type of construction after ‘‘shall liquidate the entry’’; and amended— project authorized under this Act. All costs (B) in the second sentence, by inserting (1) by striking ‘‘, as in effect on July 30, 1990’’, which exceed the amounts authorized by this ‘‘(other than an entry with respect to which liq- and Act, including costs associated with the ongoing uidation has been extended under subsection (2) by adding at the end thereof the following energy needs, operation, and maintenance of (b))’’ after ‘‘Any entry’’. new sentence: ‘‘Nothing in this paragraph shall this project shall remain the responsibility of the (8) EXEMPTION FROM DUTY FOR PERSONAL AND be construed as prohibiting the Secretary of the District. HOUSEHOLD GOODS ACCOMPANYING RETURNING Treasury from processing merchandise that is SEC. 5. CACHUMA PROJECT, BRADBURY DAM, RESIDENTS.—Section 321(a)(2)(B) of the Tariff informally entered or released at any central- CALIFORNIA. Act of 1930 (19 U.S.C. 1321(a)(2)(B)) is amended ized hub facility or express consignment carrier The prohibition against obligating funds for by inserting ‘‘, 9804.00.65,’’ after ‘‘9804.00.30’’. facility during the normal operating hours of construction until 60 days from the date that (9) DEBT COLLECTION.—Section 631(a) of the the Customs Service, subject to reimbursement the Secretary of the Interior transmits a report Tariff Act of 1930 (19 U.S.C. 1631(a)) is amended and payment under subparagraph (A).’’. to the Congress in accordance with section 5 of by adding at the end the following new sub- (c) CITATION.—Section 13031(b)(9)(B)(ii) of the the Reclamation Safety of the Reclamation Safe- section: Consolidated Omnibus Budget Reconciliation ty of Dams Act of 1978 (43 U.S.C. 509) is waived ‘‘(c) PAYMENT OF COSTS.—The debtor shall be Act of 1985 (19 U.S.C. 58c(b)(9)(B)(ii)) is amend- for the Cachuma Project, Bradbury Dam, Cali- assessed and pay any and all costs associated ed by striking ‘‘section 236 of the Tariff and fornia. with collection efforts pursuant to this section. Trade Act of 1984’’ and inserting ‘‘section 236 of Mr. NICKLES. Mr. President, I ask Notwithstanding section 3302(b) of title 31, Unit- the Trade and Tariff Act of 1984’’. unanimous consent the Senate concur ed States Code, any sum so collected shall be used to pay the costs of debt collection serv- SEC. 7. SPECIAL RULE FOR EXTENDING TIME FOR FILING DRAWBACK CLAIMS. in the House amendment. ices.’’. The PRESIDING OFFICER. Without (10) DESIGNATION OF CUSTOMS OFFICER.—Sec- Section 313(r) of the Tariff Act of 1930 (19 objection, it is so ordered. tion 509(b) of the Tariff Act of 1930 (19 U.S.C. U.S.C. 1313(r)) is amended by adding at the end f 1509(b)) is amended in paragraphs (3) and (4) by the following: striking ‘‘appropriate regional commissioner’’ ‘‘(3)(A) The Customs Service may, notwith- MISCELLANEOUS TRADE AND and inserting ‘‘officer designated pursuant to standing the limitation set forth in paragraph TECHNICAL CORRECTIONS ACT regulations’’. (1), extend the time for filing a drawback claim OF 1996 (11) REVIEW OF PROTESTS.—Section 515(d) of for a period not to exceed 18 months, if— the Tariff Act of 1930 (19 U.S.C. 1515(d)) is ‘‘(i) the claimant establishes to the satisfac- Mr. NICKLES. Mr. President, I ask amended by striking ‘‘district director’’ and in- tion of the Customs Service that the claimant unanimous consent that the Senate serting ‘‘port director’’. was unable to file the drawback claim because proceed to the immediate consider- (12) ADMINISTRATIVE EXEMPTIONS.—Section of an event declared by the President to be a ation of Calendar No. 633, H.R. 3815. 321(a) of the Tariff Act of 1930 (19 U.S.C. major disaster on or after January 1, 1994; and The PRESIDING OFFICER. Without 1321(a)) is amended— ‘‘(ii) the claimant files a request for such ex- objection, it is so ordered. (A) in paragraph (1), by striking ‘‘duties, fees, tension with the Customs Service— The clerk will report. and taxes actually accruing’’ and inserting ‘‘(I) within 1 year from the last day of the 3- ‘‘duties, fees, taxes, and interest actually accru- year period referred to in paragraph (1), or The assistant legislative clerk read ing’’; and as follows: ‘‘(II) within 1 year after the date of the enact- (B) in paragraph (3)— ment of this paragraph, A bill (H.R. 3815) to make technical correc- (i) by striking ‘‘and taxes’’ and inserting tions and miscellaneous amendments to ‘‘taxes, and interest’’; and whichever is later. trade laws. (ii) by striking ‘‘or taxes’’ and inserting ‘‘(B) If an extension is granted with respect to a request filed under this paragraph, the periods The PRESIDING OFFICER. Is there ‘‘taxes, or interest’’. (b) EFFECTIVE DATE.—The amendments made of time for retaining records set forth in sub- objection to the immediate consider- by this section shall apply as of December 8, section (t) of this section and section 508(c)(3) ation of the resolution? 1993. shall be extended for an additional 18 months There being no objection, the Senate SEC. 4. CLARIFICATION REGARDING THE APPLI- or, in a case to which subparagraph (A)(ii) ap- proceeded to consider the resolution, CATION OF CUSTOMS USER FEES. plies, for a period not to exceed 1 year from the which had been reported from the Com- (a) IN GENERAL.—Subparagraph (D) of section date the claim is filed. mittee on Finance, with an amendment 13031(b)(8) of the Consolidated Omnibus Budget ‘‘(C) For purposes of this paragraph, the term to strike all after the enacting clause Reconciliation Act of 1985 (19 U.S.C. ‘major disaster’ has the meaning given that term 58c(b)(8)(D)) is amended— and inserting in lieu thereof the follow- in section 102(2) of the Robert T. Stafford Disas- (1) in clause (iv)— ter Relief and Emergency Assistance Act (42 ing: (A) by striking ‘‘subparagraph 9802.00.80 of U.S.C. 5122(2)).’’. SECTION 1. SHORT TITLE. such Schedules’’ and inserting ‘‘heading SEC. 8. TREATMENT OF ENTRIES OF CERTAIN This Act may be cited as the ‘‘Miscellaneous 9802.00.80 of such Schedule’’; and TELEVISIONS. Trade and Technical Corrections Act of 1996’’. (B) by striking ‘‘and’’ at the end of clause (a) IN GENERAL.—Notwithstanding sections SEC. 2. PAYMENT OF DUTIES AND FEES. (iv); (2) by striking the period at the end of clause 514 and 520 of the Tariff Act of 1930 (19 U.S.C. (a) INTEREST ACCRUAL.—Section 505(c) of the (v) and inserting ‘‘; and’’; and 1514 and 1520), or any other provision of law, Tariff Act of 1930 (19 U.S.C. 1505(c)) is amended (3) by inserting after clause (v) the following the United States Customs Service shall, not in the second sentence by inserting after ‘‘du- new clause: later than 90 days after the date of the enact- ties, fees, and interest’’ the following: ‘‘or, in a ‘‘(vi) in the case of merchandise entered from ment of this Act, liquidate or reliquidate those case in which a claim is made under section a foreign trade zone (other than merchandise to entries made at New York, New York, which are 520(d), from the date on which such claim is which clause (v) applies), be applied only to the listed in subsection (c), in accordance with the made,’’. value of the privileged or nonprivileged foreign final results of the administrative review, cover- (b) EFFECTIVE DATE.—The amendment made status merchandise under section 3 of the Act of ing the period from May 1, 1984, through March by subsection (a) shall apply to claims made June 18, 1934 (commonly known as the Foreign 31, 1985, conducted by the International Trade pursuant to section 520(d) of the Tariff Act of Trade Zones Act, 19 U.S.C. 81c).’’. Administration of the Department of Commerce 1930 (19 U.S.C. 1520(d)) on or after June 7, 1996. (b) EFFECTIVE DATE.—The amendments made for such entries (case number A–580–008). SEC. 3. OTHER TECHNICAL AND CONFORMING by subsection (a) apply to— (b) PAYMENT OF AMOUNTS OWED.—Any AMENDMENTS. (1) any entry made from a foreign trade zone amounts owed by the United States pursuant to (a) IN GENERAL.— on or after the 15th day after the date of the en- the liquidation or reliquidation of an entry (1) EXAMINATION OF BOOKS AND WITNESSES.— actment of this Act; and under subsection (a) shall be paid by the Cus- Section 509(a)(2) of the Tariff Act of 1930 (19 (2) any entry made from a foreign trade zone toms Service within 90 days after such liquida- U.S.C. 1509(a)(2)) is amended by striking after November 30, 1986, and before such 15th tion or reliquidation. ‘‘(c)(1)(A)’’ and inserting ‘‘(d)(1)(A)’’. day if liquidation of the entry was not final be- (c) ENTRY LIST.—The entries referred to in (2) REQUIREMENT FOR CERTIFICATE FOR IM- fore such 15th day. subsection (a) are the following: PORTATION OF ALCOHOLIC LIQUORS ABOARD (c) APPLICATION OF FEES TO CERTAIN AGRI- SMALL VESSELS.—Section 7 of the Act of August CULTURAL PRODUCTS.—The amendment made by Entry Number Date of Entry 5, 1935 (19 U.S.C. 1707; 49 Stat. 520), is repealed. section 111(b)(2)(D)(iv) of the Customs and (3) MANIFESTS.—Section 431(c)(1) of the Tariff 84–4426808 ...... August 29, 1984 Trade Act of 1990 shall apply to— 84–4427823 ...... September 4, 1984 Act of 1930 (19 U.S.C. 1431(c)(1)) is amended in (1) any entry made from a foreign trade zone 84–4077985 ...... July 25, 1984 the matter preceding subparagraph (A) by strik- on or after the 15th day after the date of the en- 84–4080859 ...... August 3, 1984 ing ‘‘such manifest’’ and inserting ‘‘a vessel actment of this Act; and 84–4080817 ...... August 3, 1984 84–4077723 ...... August 1, 1984 manifest’’. (2) any entry made from a foreign trade zone 84–4075194 ...... July 10, 1984 (4) PENALTIES FOR CERTAIN VIOLATIONS.—Sec- after November 30, 1986, and before such 15th 84–4076481 ...... July 17, 1984 tion 592 of the Tariff Act of 1930 (19 U.S.C. 1592) day if the liquidation of the entry was not final 84–4080930 ...... August 9, 1984. is amended— before such 15th day. SEC. 9. TEMPORARY DUTY SUSPENSION FOR PER- (A) in subsection (a)(1), by striking ‘‘lawful SEC. 5. TECHNICAL AMENDMENT TO THE CUS- SONAL EFFECTS OF PARTICIPANTS duty’’ and inserting ‘‘lawful duty, tax, or fee’’; TOMS AND TRADE ACT OF 1990. IN CERTAIN WORLD ATHLETIC and Subsection (b) of section 484H of the Customs EVENTS. (B) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii), and Trade Act of 1990 (19 U.S.C. 1553 note) is (a) IN GENERAL.—Subchapter II of chapter 99 (c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by strik- amended by striking ‘‘, or withdrawn from of the Harmonized Tariff Schedule of the United ing ‘‘lawful duties’’ each place it appears and warehouse for consumption,’’ and inserting ‘‘for States is amended by inserting in numerical se- inserting ‘‘lawful duties, taxes, and fees’’. transportation in bond’’. quence the following new heading: S11806 CONGRESSIONAL RECORD — SENATE September 28, 1996 ‘‘9902.98.05 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, the 1998 Goodwill Games, and of persons who are immediate family members of or serv- ants to any of the foregoing persons; equipment and materials imported in connection with the foregoing event by or on behalf of the foregoing persons or the organizing committee of such event; articles to be used in exhibitions depicting the culture of a country participat- ing in such event; and, if consistent with the foregoing, such other articles as the Sec- retary of the Treasury may allow ...... Free No change Free On or before 2/1/99’’.

(b) TAXES AND FEES NOT TO APPLY.—The ar- trator of the Federal Aviation Administration (A) after December 31, 1994, and before the ticles described in heading 9902.98.05 of the Har- (hereafter referred to as the ‘FAA’) under sec- date that is 15 days after the date of the enact- monized Tariff Schedule of the United States (as tion 44704 of title 49, United States Code, or pur- ment of this Act, and added by subsection (a)) shall be free of taxes suant to the approval of the airworthiness au- (B) with respect to which there would have and fees which may be otherwise applicable. thority in the country of exportation, if such been no duty or a lesser duty if the amendment (c) EFFECTIVE DATE.—The amendment made approval is recognized by the FAA as an accept- made by subsection (a) applied to such entry or by this section applies to articles entered, or able substitute for such an FAA certificate; withdrawal, withdrawn from warehouse for consumption, on ‘‘(2) for which an application for such certifi- shall be liquidated or reliquidated as though or after the 15th day after the date of the enact- cate has been submitted to, and accepted by, the such amendment applied to such entry or with- ment of this Act. Administrator of the FAA by an existing type drawal. SEC. 10. MISCELLANEOUS TECHNICAL CORREC- and production certificate holder pursuant to SEC. 14. MARKING OF CERTAIN IMPORTED ARTI- TION. section 44702 of title 49, United States Code, and CLES AND CONTAINERS. Section 313(s)(2)(B) of the Tariff Act of 1930 regulations promulgated thereunder; or (a) IN GENERAL.—Section 304 of the Tariff Act (19 U.S.C. 1313(s)(2)(B)) is amended by striking ‘‘(3) for which an application for such ap- of 1930 (19 U.S.C. 1304) is amended— ‘‘successor’’ each place it appears and inserting proval or certificate will be submitted in the fu- (1) by redesignating subsections (f), (g), (h), ‘‘predecessor’’. ture by an existing type and production certifi- and (i) as subsections (h), (i), (j), and (k), re- SEC. 11. URUGUAY ROUND AGREEMENTS ACT. cate holder, pending the completion of design or spectively, and Section 405(b) of the Uruguay Round Agree- other technical requirements stipulated by the (2) by inserting after subsection (e) the follow- ments Act (19 U.S.C. 3602(b)) is amended— Administrator of the FAA. ing new subsections: (1) in paragraph (1) by striking ‘‘1(a)’’ and in- ‘‘(ii) The term ‘civil aircraft’ does not include ‘‘(f) MARKING OF CERTAIN COFFEE AND TEA serting ‘‘1(b)’’; and any aircraft, aircraft engine, or ground flight PRODUCTS.—The marking requirements of sub- (2) in paragraph (2) by striking ‘‘1(b)’’ and in- simulator (or parts, components, and subassem- sections (a) and (b) shall not apply to articles serting ‘‘1(a)’’. blies thereof) purchased for use by the Depart- described in subheadings 0901.21, 0901.22, SEC. 12. IMPORTS OF CIVIL AIRCRAFT. ment of Defense or the United States Coast 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and General Note 6 of the Harmonized Tariff Guard, unless such aircraft, aircraft engine, or 2101.20 of the Harmonized Tariff Schedule of the Schedule of the United States is amended to ground flight simulator (or parts, components, United States, as in effect on January 1, 1995. read as follows: and subassemblies thereof) satisfies the require- ‘‘(g) MARKING OF SPICES.—The marking re- ‘‘6. Articles Eligible for Duty-Free Treatment ments of subdivisions (i)(A) and (i)(B) (1) or (2). quirements of subsections (a) and (b) shall not Pursuant to the Agreement on Trade in Civil ‘‘(iii) Subdivision (i)(B)(3) shall apply only to apply to articles provided for under subheadings Aircraft. such quantities of the parts, components, and 0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, ‘‘(a) Whenever a product is entered under a subassemblies as are required to meet the design 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20, provision for which the rate of duty ‘Free (C)’ and technical requirements stipulated by the 0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, appears in the ‘Special’ subcolumn and a claim Administrator. The Commissioner of Customs 0910.40, 0910.50, 0910.91, 0910.99, 1106.20, 1207.40, for such rate of duty is made, the importer— may require the importer to estimate the quan- 1207.50, 1207.91, 1404.90, and 3302.10, and items ‘‘(i) shall maintain such supporting docu- tities of parts, components, and subassemblies classifiable in categories 0712.90.60, 0712.90.8080, mentation as the Secretary of the Treasury may covered for purposes of such subdivision.’’. 1209.91.2000, 1211.90.2000, 1211.90.8040, require; and SEC. 13. TECHNICAL CORRECTION TO CERTAIN 1211.90.8050, 1211.90.8090, 2006.00.3000, ‘‘(ii) shall be deemed to certify that the im- CHEMICAL DESCRIPTION. 2918.13.2000, 3203.00.8000, 3301.90.1010, ported article is a civil aircraft, or has been im- (a) AMENDMENT TO SUBHEADING 2933.90.02.— 3301.90.1020, and 3301.90.1050 of the Harmonized ported for use in a civil aircraft and will be so The article description for subheading 2933.90.02 Tariff Schedule of the United States, as in effect used. of the Harmonized Tariff Schedule of the United on January 1, 1995.’’. The importer may amend the entry or file a States is amended by striking (b) CONFORMING AMENDMENT.—Section 304(i) written statement to claim a free rate of duty ‘‘(Quizalofop ethyl)’’. of such Act, as redesignated by subsection under this note at any time before the liquida- (b) EFFECTIVE DATE.— (a)(1), is amended by striking ‘‘subsection (f)’’ tion of the entry becomes final, except that, not- (1) GENERAL RULE.—The amendment made by and inserting ‘‘subsection (h)’’. withstanding section 505(c) of the Tariff Act of this section applies to articles entered, or with- (c) EFFECTIVE DATE.—The amendments made 1930 (19 U.S.C. 1505(c)), any refund resulting drawn from warehouse for consumption, on or by this section apply to goods entered, or with- from any such claim shall be without interest. after the 15th day after the date of the enact- drawn from warehouse for consumption, on or ‘‘(b)(i) For purposes of the tariff schedule, the ment of this Act. after the date of the enactment of this Act. term ‘civil aircraft’ means any aircraft, aircraft (2) RETROACTIVE PROVISION.—Notwithstand- SEC. 15. TARIFF TREATMENT OF CERTAIN SILVER, engine, or ground flight simulator (including ing section 514 of the Tariff Act of 1930 (19 GOLD, AND PLATINUM BARS. parts, components, and subassemblies thereof)— U.S.C. 1514) or any other provision of law, upon (a) IN GENERAL.—Subchapter II of chapter 71 ‘‘(A) that is used as original or replacement proper request (which includes sufficient infor- of the Harmonized Tariff Schedule of the United equipment in the design, development, testing, mation to identify and locate the entry) filed States is amended— evaluation, manufacture, repair, maintenance, with the Customs Service on or before the date (1) by striking subheading 7106.92.00 and in- rebuilding, modification, or conversion of air- that is 180 days after the date of the enactment serting in numerical sequence the following new craft; and of this Act, any entry, or withdrawal from subheadings and superior text thereto, with ‘‘(B)(1) that is manufactured or operated pur- warehouse for consumption, of an article that such text having the same degree of indentation suant to a certificate issued by the Adminis- occurred— as subheading 7106.91: ‘‘7106.92 Semimanufactured: 7106.92.10 Rectangular or near-rectangular shapes, containing 99.5 percent or more by weight of silver and not otherwise marked or decorated than with weight, purity, or other identifying information ...... Free Free 7106.92.50 Other ...... 4.8% Free (A*, CA, E, IL, J, 65%’’; MX) (2) by striking subheading 7108.13.50 and inserting in numerical sequence the following new subheadings and superior text thereto, with such text having the same degree of indentation as subheading 7108.13.10: Other: ‘‘7108.13.55 Rectangular or near-rectangular shapes, containing 99.5 percent or more by weight of gold and not otherwise marked or decorated than with weight, purity, or other identifying information ...... Free Free 7108.13.70 Other ...... 6.6% Free (CA, E, IL, J, MX) 65%’’; and (3) by striking subheadings 7115.90.10 through 7115.90.50 and inserting in numerical sequence the following new subheadings and superior text, with the article description for subheading 7115.90.05 having the same degree of indentation as the article description for subheading 7116.10.10: ‘‘7115.90.05 Articles of precious metal, in rectangular or near-rectangular shapes, containing 99.5 percent or Free Free more by weight of a precious metal and not otherwise marked or decorated than with weight, pu- rity, or other identifying information. Other: 7115.90.30 Of gold, including metal clad with gold ...... 6.2% Free (A*, CA, E, IL, J, MX) 110% September 28, 1996 CONGRESSIONAL RECORD — SENATE S11807 7115.90.40 Of silver, including metal clad with silver ...... 4.8% Free (A*, CA, E, IL, J, MX) 65% 7115.90.60 Other ...... 6.4% Free (A, CA, E, IL, J, MX) 65%’’.

(b) CONFORMING AMENDMENTS.—General note the United States shall apply to the correspond- (5) of a rate of duty set forth in subheading 4(d) of the Harmonized Tariff Schedule of the ing rate of duty in subheading 7106.92.50 of such 7115.90.50 shall apply to the corresponding rate United States is amended— Schedule (as added by subsection (a)(1)); of duty in subheading 7115.90.60 of such Sched- ule (as added by subsection (a)(3)). (1) by striking ‘‘7106.92.00 Chile’’ and insert- (2) of a rate of duty set forth in subheading ing ‘‘7106.92.50 Chile’’; and 7108.13.50 shall apply to the corresponding rate (d) EFFECTIVE DATE.—The amendments made (2) by striking ‘‘7115.90.10 Argentina’’ and of duty in subheading 7108.13.70 of such Sched- by this section shall apply with respect to goods ‘‘7115.90.20 Argentina’’ and inserting ‘‘7115.90.30 ule (as added by subsection (a)(2)); that are entered, or withdrawn from warehouse Argentina’’ and ‘‘7115.90.40 Argentina’’, respec- for consumption, on or after the date that is 15 tively. (3) of a rate of duty set forth in subheading days after the date of enactment of this Act. 7115.90.10 shall apply to the corresponding rate (c) STAGED RATE REDUCTIONS.—Any staged SEC. 16. SUSPENSION OF DUTY ON CERTAIN rate reduction that was proclaimed by the Presi- of duty in subheading 7115.90.30 of such Sched- SEMIMANUFACTURED FORMS OF dent before the date of the enactment of this Act ule (as added by subsection (a)(3)); GOLD. to take effect on or after the date of the enact- (4) of a rate of duty set forth in subheading (a) IN GENERAL.—Subchapter II of chapter 99 ment of this Act— 7115.90.20 shall apply to the corresponding rate of the Harmonized Tariff Schedule of the United (1) of a rate of duty set forth in subheading of duty in subheading 7115.90.40 of such Sched- States is amended by adding in numerical se- 7106.92.00 of the Harmonized Tariff Schedule of ule (as added by subsection (a)(3)); and quence the following new heading: ‘‘9902.71.08 Wire containing 99.9 percent or more by weight of gold and with dopants added to Free No change No change On or before 12/31/2000’’. control wirebonding characteristics, having a diameter of 0.05 millimeters or less, for use in the manufacture of diodes, transistors, and similar semiconductor de- vices or electronic integrated circuits.

(b) EFFECTIVE DATE.—The amendment made The reconciliation shall be filed by the importer ‘‘(D) subsequently imported from that NAFTA by subsection (a) applies with respect to goods of record at such time and in such manner as country into the customs territory of the United entered, or withdrawn from warehouse for con- the Secretary prescribes but not later than 15 States— sumption, on or after the 15th day after the date months after the date the importer declares his ‘‘(I) on or after the effective date of this sub- of the enactment of this Act. intent to file the reconciliation. In the case of division, or SEC. 17. ELIMINATION OF EAST-WEST TRADE STA- reconciling issues relating to the assessment of ‘‘(II) on or after January 1, 1994, and before TISTICS MONITORING SYSTEM. antidumping and countervailing duties, the rec- such effective date, if the entry of such article Section 410 of the Trade Act of 1974 (19 U.S.C. onciliation shall be filed not later than 90 days is unliquidated, under protest, or in litigation, 2440) is repealed. after the date the Customs Service advises the or liquidation is otherwise not final on such ef- SEC. 18. RETROACTIVE ELECTION TO RECONCILE importer that the period of review for antidump- fective date. ENTRIES. ing or countervailing duty purposes has been ‘‘(iii) APPLICABLE FOREIGN VALUE CONTENT. (a) DEFINITION OF ENTRY RECONCILIATION.— completed.’’. ‘‘(A) APPLICABLE FOREIGN VALUE CONTENT. The first sentence of section 401(s) of the Tariff SEC. 19. TARIFF TREATMENT FOR CERTAIN For purposes of this subdivision, the term ‘appli- Act of 1930 (19 U.S.C. 1401(s)) is amended to MOTOR VEHICLES. cable foreign value content’ means the amount read as follows: ‘‘The term ‘reconciliation’ General Note 3 of the Harmonized Tariff determined by multiplying the value of a quali- means an electronic process, initiated at the re- Schedule of the United States is amended by fied article by the applicable percentage. quest of an importer, under which the elements adding at the end the following new subdivi- ‘‘(B) APPLICABLE PERCENTAGE. The term ‘ap- of an entry (other than those elements related to sion: plicable percentage’ means the FTZ percentage the admissibility of the merchandise) that are for the article plus 5 percentage points. undetermined at the time the importer files or ‘‘(d) CERTAIN MOTOR VEHICLES MANUFAC- ‘‘(iv) OTHER DEFINITIONS AND SPECIAL RULES. transmits the documentation or information re- TURED IN FOREIGN TRADE ZONES. For purposes of this subdivision— quired by section 484(a)(1)(B), or the import ac- ‘‘(i) DUTY IMPOSED. Notwithstanding any tivity summary statement, are provided to the other provision of law, the duty imposed on a ‘‘(A) FTZ PERCENTAGE. The FTZ percentage Customs Service at a later time.’’. qualified article shall be the amount determined for a qualified article shall be the percentage de- (b) RECONCILIATION REQUIREMENTS.—Section by multiplying the applicable foreign value con- termined in accordance with subparagraph (I), 484(b)(1) (19 U.S.C. 1484(b)(1)) of such Act is tent of such article by the applicable rate of (II), or (III) of this paragraph, whichever is ap- amended by striking the first and second sen- duty for such article. plicable. ‘‘(I) REPORT FOR YEAR PUBLISHED. If, at the tences and inserting the following: ‘‘A party ‘‘(ii) QUALIFIED ARTICLE. For purposes of this time a qualified article is entered, the FTZ An- may elect to file a reconciliation with regard to subdivision, the term ‘qualified article’ means nual Report for the year in which the article such entry elements as are identified by the an article that is— party pursuant to regulations prescribed by the was manufactured has been published, the FTZ ‘‘(A) classifiable under any of subheadings Secretary. If the party so elects, the party shall percentage for the article shall be the percent- 8702.10 through 8704.90 of the Harmonized Tariff declare that a reconciliation will be filed. The age of foreign status merchandise set forth in Schedule of the United States, declaration shall be made in such manner as the that report for the subzone in which the quali- Secretary shall prescribe and at the time the ‘‘(B) produced or manufactured in a foreign fied article was manufactured, or if not manu- documentation or information required by sub- trade zone before January 1, 1996, factured in a subzone, the foreign trade zone in section (a)(1)(B) or the import activity summary ‘‘(C) exported therefrom to a NAFTA country which the qualified article was manufactured. statement is filed with, or transmitted to, the (as defined in section 2(4) of the North American ‘‘(II) REPORT FOR YEAR NOT PUBLISHED. If, at Customs Service, or at such later time as the Free Trade Agreement Implementation Act (19 the time a qualified article is entered, the FTZ Customs Service may, in its discretion, permit. U.S.C. 3301(4)), and Annual Report for the year in which the article S11808 CONGRESSIONAL RECORD — SENATE September 28, 1996 was manufactured has not been published, the (12) Section 337(b)(3) of the Tariff Act of 1930 (15) Section 414(b)(1) of the Trade Agreements FTZ percentage for the article shall be the per- (19 U.S.C. 1337(b)(3)) is amended in the first sen- Act of 1979 (19 U.S.C. 2544(b)(1)) is amended by centage of foreign status merchandise set forth tence by striking ‘‘such section and’’. striking ‘‘procedures,,’’ each place it appears in the most recently published FTZ Annual Re- (13) Section 281(h)(4) of the Uruguay Round and inserting ‘‘procedures,’’. port for the subzone in which the article was Agreements Act is amended by striking ‘‘(A),’’. (16) Section 451(6)(A) of the Trade Agreements manufactured, or if not manufactured in a (14) Section 771(30) of the Tariff Act of 1930 Act of 1979 (19 U.S.C. 2571(6)(A)) is amended by subzone, the foreign trade zone in which the (19 U.S.C. 1677(30)) is amended by striking striking ‘‘Members.’’ and inserting ‘‘Members; qualified article was manufactured. ‘‘agreement’’ and inserting ‘‘Agreement’’. and’’. ‘‘(B) APPLICABLE RATE OF DUTY. The term ‘ap- (15) Section 705(c)(1)(B)(i)(II) of the Tariff Act (d) TITLE IV.— plicable duty rate’ means the rate of duty set of 1930 (19 U.S.C. 1671d(c)(1)(B)(i)(II)) is amend- (1) Section 492(c) of the Trade Agreements Act forth in any of subheadings 8702.10 through ed by inserting ‘‘section’’ after ‘‘if’’. of 1979 (19 U.S.C. 2578a(c)) is amended by strik- 8704.90 of the Harmonized Tariff Schedule of the (16) Section 282(d) of the Uruguay Round ing ‘‘phystosanitary’’ and inserting United States that is applicable to the qualified Agreements Act (19 U.S.C. 3572(d)) is amended ‘‘phytosanitary’’. article and which would apply to the article if by aligning the text of the last sentence with the (2) Section 412(b) of the Uruguay Round the article were directly entered for consumption text of the first sentence. Agreements Act is amended by striking ‘‘1853’’ into the United States from the foreign trade (17) Section 783(f) of the Tariff Act of 1930 (19 and inserting ‘‘972’’. zone with non-privileged foreign status having U.S.C. 1677n(f)) is amended by striking ‘‘sub- (e) TITLE V.— been claimed for all foreign merchandise used in section (d)’’ and inserting ‘‘subsection (e)’’. (1) Section 154(c)(2) of title 35, United States the manufacture or production of the qualified (c) TITLE III.— Code, is amended in the matter preceding sub- article. (1) Section 314(e) of the Uruguay Round paragraph (A) by striking ‘‘Acts’’ and inserting ‘‘(C) FOREIGN TRADE ZONE; SUBZONE. The Agreements Act is amended in the matter pro- ‘‘acts’’. terms ‘foreign trade zone’ and ‘subzone’ mean a posed to be inserted as section 306(b)(1) of the (2) Section 104A(h)(3) of title 17, United States zone or subzone established pursuant to the Act Trade Act of 1974, by striking the closed Code, is amended by striking ‘‘section 104A(g)’’ of June 18, 1934, commonly known as the For- quotation marks and second period at the end. and inserting ‘‘subsection (g)’’. eign Trade Zones Act (19 U.S.C. 81a et seq.). (2) Section 321(a)(1)(C)(i) of the Uruguay (f) TITLE VI.— ‘‘(D) FTZ ANNUAL REPORT. The term ‘FTZ An- Round Agreements Act is amended to read as (1) Section 141(c)(1)(D) of the Trade Act of nual Report’ means the Annual Report to the follows: 1974 (19 U.S.C. 2171(c)(1)(D)) is amended by Congress published in accordance with section ‘‘(i) in the first sentence by striking ‘such Act’ striking the second comma after ‘‘World Trade 16 of the Foreign Trade Zones Act (19 U.S.C. and inserting ‘such subtitle’; and’’. Organization’’. 81p(c)). (3) Section 592A(a)(3) of the Tariff Act of 1930 (2) Section 601(b)(1)(B) of the Uruguay Round ‘‘(E) NON-PRIVILEGED FOREIGN STATUS. The (19 U.S.C. 1592A(a)(3)) is amended by striking Agreements Act (19 U.S.C. 2465 note) is amended term ‘non-privileged foreign status’ means that ‘‘list under paragraph (2)’’ and inserting ‘‘list by striking ‘‘such date of enactment’’ and in- privilege has not been requested with respect to under paragraph (1)’’. serting ‘‘the date of the enactment of this Act’’. an article pursuant to section 3 of the Foreign (4) Section 301(c)(4) of the Trade Act of 1974 (3) The heading for section 1106 of the Omni- Trade Zones Act.’’. (19 U.S.C. 2411(c)(4)) is amended by striking bus Trade and Competitiveness Act of 1988 (19 SEC. 20. TECHNICAL AMENDMENTS RELATING TO ‘‘paragraph (1)(C)(iii)’’ and inserting ‘‘para- U.S.C. 2905) is amended by striking ‘‘for the PUBLIC LAW 103–465. graph (1)(D)(iii)’’. wto’’ and inserting ‘‘or the wto’’. ITLE (a) T I.— (5) Section 202(d)(4)(A)(i) of the Trade Act of SEC. 21. TECHNICAL AMENDMENTS RELATING TO (1) Section 516A(a)(2)(A)(i)(I) of the Tariff Act 1974 (19 U.S.C. 2252(d)(4)(A)(i)) is amended by PUBLIC LAW 103–182. of 1930 (19 U.S.C. 1516a(a)(2)(A)(i)(I)) is amend- striking ‘‘section 202(b)’’ and inserting ‘‘sub- (a) TITLE II.— ed by adding a comma after ‘‘subparagraph section (b)’’. (1) Section 13031(b)(10)(A) of the Consolidated (B)’’. (6) Section 304(a)(3)(A) of the Trade Act of Omnibus Budget Reconciliation Act of 1985 (19 (2) Section 132 of the Uruguay Round Agree- 1974 (19 U.S.C. 2414(a)(3)(A)) is amended by in- U.S.C. 58c(b)(10)(A)) is amended— ments Act (19 U.S.C. 3552) is amended by strik- serting ‘‘Rights’’ after ‘‘Intellectual Property’’. (A) by striking ‘‘Agreement)’’ and inserting ing ‘‘title’’ and inserting ‘‘section’’. (7) Section 331 of the Uruguay Round Agree- ‘‘Agreement Implementation Act of 1988)’’; and (b) TITLE II.— (1)(A) The item relating to section 221 in the ments Act (19 U.S.C. 3591) is amended by strik- (B) by striking ‘‘section 403’’ and inserting table of contents of the Uruguay Round Agree- ing ‘‘, as defined in section 2(9) of the Uruguay ‘‘article 403’’. ments Act is amended to read as follows: Round Implementation Act,’’. (2) Section 202 of the North American Free (8) Section 204 of the Agricultural Act of 1956 Trade Agreement Implementation Act (19 U.S.C. ‘‘Sec. 221. Special rules for review of determina- (7 U.S.C. 1854) is amended in the second sen- 3332) is amended— tions.’’. tence by striking ‘‘Implementation’’ and insert- (A) in subsection (m)(4)(C) by striking ‘‘(o)’’ (B) The section heading for section 221 of that ing ‘‘Agreements’’. and inserting ‘‘(p)’’; and Act is amended to read as follows: (9) Section 334(b)(1)(B)(ii) of the Uruguay (B) in subsection (p)(18) by striking ‘‘federal ‘‘SEC. 221. SPECIAL RULES FOR REVIEW OF DE- Round Agreements Act (19 U.S.C. government’’ and inserting ‘‘Federal Govern- TERMINATIONS.’’. 3592(b)(1)(B)(ii)) is amended by striking ‘‘posses- ment’’. (2) Section 270(a)(2)(B) of the Uruguay Round sion,’’ and inserting ‘‘possession;’’. (b) TITLE III.— Agreements Act is amended by striking (10) Section 305(d)(2) of the Trade Agreements (1) Section 351(b)(2) of the North American ‘‘771(A)(c)’’ and inserting ‘‘771A(c)’’. Act of 1979 (19 U.S.C. 2515(d)(2)) is amended— Free Trade Agreement Implementation Act is (3) Section 702(c)(5) of the Tariff Act of 1930 (A) by striking ‘‘or’’ after the semicolon at the amended by striking ‘‘Agreement Act’’ and in- (19 U.S.C. 1671a(c)(5)) is amended by striking end of subparagraph (B); and serting ‘‘Agreements Act’’. ‘‘(b)(1)(A)’’ and inserting ‘‘(b)(1)’’. (2) Section 411(c) of the Trade Agreements Act (4) Section 732(c)(5) of the Tariff Act of 1930 (B) in subparagraph (C) by striking the period of 1979 (19 U.S.C. 2541(c)) is amended by striking (19 U.S.C. 1673a(c)(5)) is amended by striking at the end and inserting a semicolon. (11) Section 304 of the Trade Agreements Act ‘‘Special Representatives’’ and inserting ‘‘Trade ‘‘(b)(1)(A)’’ and inserting ‘‘(b)(1)’’. (5) Section 212(b)(1)(C)(i)(I) of the Uruguay of 1979 (19 U.S.C. 2514) is amended— Representative’’. (3) Section 316 of the North American Free Round Agreements Act is amended by striking (A) in subsection (a) by striking the comma Trade Agreement Implementation Act (19 U.S.C. ‘‘the petition’’ and inserting ‘‘a petition’’. after ‘‘XXIV(7)’’; and (6) Section 214(b)(2)(A)(i)(II) of the Uruguay (B) in subsection (c)— 3381) is amended by striking ‘‘subsection Round Agreements Act is amended by striking (i) by striking the comma after ‘‘XXIV(7)’’; 202(d)(1)(C)(i)’’ and inserting ‘‘subsection ‘‘the merchandise’’ and inserting ‘‘merchan- and (d)(1)(C)(i)’’. dise’’. (ii) by striking the comma after ‘‘XIX(5)’’. (4) Section 309(c) of the North American Free (7) Section 771(16)(B)(i) of the Tariff Act of (12) Section 308(4)(D) of the Trade Agreements Trade Agreement Implementation Act (19 U.S.C. 1930 (19 U.S.C. 1677(16)(B)(i)) is amended by Act of 1979 (19 U.S.C. 2518(4)(D)) is amended by 3358(c)) is amended in paragraphs (1) and (2) by striking ‘‘merchandise which is the subject of striking ‘‘the the’’ and inserting ‘‘the’’. striking ‘‘column 1—General’’ and inserting the investigation’’ and inserting ‘‘subject mer- (13) Section 305(g) of the Trade Agreements ‘‘column 1 general’’. chandise’’. Act of 1979 (19 U.S.C. 2515(g)) is amended— (c) TITLE IV.— (8) Section 732(e)(1) of the Tariff Act of 1930 (A) in paragraph (1)— (1) Section 402(d)(3) of the North American (19 U.S.C. 1673a(e)(1)) is amended by striking (i) by striking ‘‘of such subsection’’ and in- Free Trade Agreement Implementation Act (19 ‘‘the the’’ and inserting ‘‘the’’. serting ‘‘of subsection (d)(2)’’; and U.S.C. 3432(d)(3)) is amended in the matter pre- (9) Section 233(a)(6)(C) of the Uruguay Round (ii) by inserting ‘‘of subsection (d)(2)’’ after ceding subparagraph (A) by striking ‘‘(c)(4)’’ Agreements Act is amended by inserting ‘‘each ‘‘(as the case may be)’’; and and inserting ‘‘subsection (c)(4)’’. place it appears’’ after ‘‘commence’’. (B) in paragraph (3)— (2) Section 407(e)(2) of the North American (10) Section 261(d)(1)(A)(ii) of the Uruguay (i) by striking ‘‘the the’’ and inserting ‘‘the’’; Free Trade Agreement Implementation Act (19 Round Agreements Act is amended by inserting and U.S.C. 3437(e)(2)) is amended by striking ‘‘peti- after ‘‘is amended’’ the following: ‘‘by striking (ii) by inserting ‘‘of subsection (d)(2)’’ after tion,’’ and inserting ‘‘petition;’’. ‘as follows:’ and inserting a comma and’’. ‘‘(as the case may be)’’. (3) Section 516A(g)(12)(D) of the Tariff Act of (11) Section 261(d)(1)(B)(ii)(I) of the Uruguay (14) Section 402(4) of the Trade Agreements 1930 (19 U.S.C. 1516a(g)(12)(D)) is amended— Round Agreements Act is amended by inserting Act of 1979 (19 U.S.C. 2532(4)) is amended by in- (A) by striking ‘‘(D)(i)’’ and inserting ‘‘(D)’’; ‘‘of’’ after ‘‘section 303 or’’. serting a comma after ‘‘system, if any’’. and September 28, 1996 CONGRESSIONAL RECORD — SENATE S11809 (B) by striking ‘‘If the Trade Representative’’ (A) in each of paragraphs (1), (2), and (4) by (13) Section 592(d) of the Tariff Act of 1930 (19 and inserting ‘‘(i) If the Trade Representative’’. striking the semicolon at the end and inserting U.S.C. 1592(d)) is amended in the subsection (4) Section 415(b)(2) of the North American a period; and heading by striking ‘‘TAXES’’ and inserting Free Trade Agreement Implementation Act (19 (B) in paragraph (5) by striking ‘‘; and’’ and ‘‘TAXES,’’. U.S.C. 3451(b)(2)) is amended by striking ‘‘under inserting a period. (14) Section 625(a) of the Tariff Act of 1930 (19 516A(a)’’ and inserting ‘‘under section 516A(a)’’. (6) Section 484(a)(1) of the Tariff Act of 1930 U.S.C. 1625(a)) is amended by striking ‘‘chap- (d) TITLE V.—Section 219 of the Caribbean (19 U.S.C. 1484(a)(1)) is amended by striking ter’’ and inserting ‘‘Act’’. Basin Economic Recovery Act (19 U.S.C. 2707) is ‘‘553, and 336(j)’’ and inserting ‘‘and 553’’. (15) Section 413(a)(1) of the Tariff Act of 1930 amended— (7) Section 514(a) of the Tariff Act of 1930 (19 (19 U.S.C. 1413(a)(1)) is amended by striking (1) in subsection (b)(1) by striking ‘‘Hemi- U.S.C. 1514(a)) is amended by striking ‘‘section sphere,’’ and inserting ‘‘Hemisphere;’’; and ‘‘this Act’’ and inserting ‘‘the North American 520 (relating to refunds and errors), and section Free Trade Agreement Implementation Act’’. (2) in paragraphs (1) and (2) of subsection (h) 521 (relating to reliquidations on account of by striking ‘‘Center,’’ and inserting ‘‘Center;’’. fraud)’’ and inserting ‘‘and section 520 (relating SEC. 22. TECHNICAL AMENDMENT REGARDING (e) TITLE VI.— to refunds and errors)’’. JUDICIAL REVIEW. (1) Section 3126 of the Revised Statutes of the (8) Section 491(a) of the Tariff Act of 1930 (19 Section 516A(g)(4)(A) of the Tariff Act of 1930 United States (19 U.S.C. 293) is amended by U.S.C. 1491(a)) is amended in the first sen- (19 U.S.C. 1516a(g)(4)(A)) is amended by striking striking ‘‘or both’’ and inserting ‘‘or both,’’. tence— ‘‘Implementation Agreement Act of 1988’’ and (2) Section 3127 of the Revised Statutes of the (A) by striking ‘‘in in’’ and inserting ‘‘in’’; inserting ‘‘Agreement Implementation Act of United States (19 U.S.C. 294) is amended by and 1988’’. striking ‘‘conveyed a United States’’ and insert- (B) by striking ‘‘appropriate customs officer’’ ing ‘‘conveyed in a United States’’. SEC. 23. RELIQUIDATING ENTRY OF WARP KNIT- (3) Section 436(a)(2) of the Tariff Act of 1930 and inserting ‘‘Customs Service’’. TING MACHINES. (19 U.S.C. 1436(a)(2)) is amended— (9) Section 490(c)(1) of the Tariff Act of 1930 Notwithstanding section 514 of the Tariff Act (A) by striking ‘‘431(e)’’ and inserting ‘‘431’’; (19 U.S.C. 1490(c)(1)) is amended by striking of 1930 (19 U.S.C. 1514) or any other provision of and ‘‘paragraphs (1) through (4) of subsection (a)’’ law, upon proper request filed with the Customs (B) by striking ‘‘or’’ after the semicolon at the and inserting ‘‘subparagraphs (A) through (D) Service before the 90th day after the date of the end. of subsection (a)(1)’’. enactment of this Act, the Secretary of the (4) Section 313 of the Tariff Act of 1930 (19 (10) Sections 1207(b)(2) and 1210(b)(1) of the Treasury shall— U.S.C. 1313) is amended— Omnibus Trade and Competitiveness Act of 1988 (1) liquidate or reliquidate as duty free Entry (A) in subsection (j)(2) by realigning the text (19 U.S.C. 3007(b)(2) and 3010(b)(1)) are each No. 100–3022436–3, made on July 12, 1989, at the following subparagraph (C)(ii)(II) beginning amended by striking ‘‘484(e)’’ and ‘‘1484(e)’’ and port of Charleston, South Carolina; and with ‘‘then upon the exportation’’ and ending inserting ‘‘484(f)’’ and ‘‘1484(f)’’, respectively. (2) refund any duties and interest paid with with ‘‘duty, tax, or fee.’’ two ems to the left so (11) Section 641(d)(2)(B) of the Tariff Act of respect to such entry. that the text has the same degree of indentation 1930 (19 U.S.C. 1641(d)(2)(B)) is amended in the as paragraph (3) of section 313(j) of such Act; second to the last sentence by striking ‘‘his’’ SEC. 24. TEMPORARY SUSPENSION OF DUTY ON and and inserting ‘‘the’’. DICLOFOP-METHYL. (B) in subsection (t) by striking ‘‘chapter’’ (12) Section 621(4)(A) of the North American (a) IN GENERAL.—Subchapter II of chapter 99 and inserting ‘‘Act’’. Free Trade Agreement Implementation Act is of the Harmonized Tariff Schedule of the United (5) Section 441 of the Tariff Act of 1930 (19 amended by striking ‘‘disclosure in 30 days’’ and States is amended by inserting in numerical se- U.S.C. 1441) is amended— inserting ‘‘disclosure within 30 days’’. quence the following new heading: Methyl 2-[4-(2,4- dichlorophenoxy)phenoxy] propionate (diclofop-methyl) in bulk or in ‘‘9902.30.16 forms or packages for retail sale containing no other pesticide products (CAS No. 51338- 27-3) (provided for in subheading 2918.90.20 or 3808.30.15) ...... Free No change No change On or before 12/31/98’’.

(b) EFFECTIVE DATE.—The amendment made that is 15 days after the date of the enactment ‘‘(1) NUMBERED ENTRIES.— by subsection (a) applies with respect to goods of this Act, shall be liquidated or reliquidated as entered, or withdrawn from warehouse for con- if such subheading 2921.59.17 as so amended ap- Entry Number Date of Entry sumption, on or after the 15th day after the date plied to such entry and the Secretary of the C14–0025455–8 ...... August 18, 1993 of the enactment of this Act. Treasury shall refund any excess duty paid C14–0025456–6 ...... August 18, 1993 SEC. 25. ELIMINATION OF DUTY ON 2-AMINO-3- with respect to such entry. C14–0025457–4 ...... August 18, 1993 CHLOROBENZOIC ACID, METHYL (3) REQUESTS.—Liquidation or reliquidation C14–0025473–1 ...... August 27, 1993 C14–0025478–0 ...... September 13, 1993 ESTER. may be made under subsection (b)(2) with re- C14–0025479–8 ...... September 13, 1993 (a) IN GENERAL.—Subheading 2922.49.05 of the spect to an entry only if a request therefor is C14–0025480–6 ...... September 13, 1993 Harmonized Tariff Schedule of the United filed with the Customs Service, within 180 days C14–0025481–4 ...... September 13, 1993 C14–0025511–8 ...... April 16, 1993 States is amended by inserting after ‘‘acid’’ the after the date of the enactment of this Act, that C14–0025533–2 ...... April 30, 1993 following: ‘‘; 2-Amino-3-chlorobenzoic acid, contains sufficient information to enable the C14–0025545–6 ...... May 21, 1993 methyl ester’’. C14–0025546–4 ...... May 21, 1993 Customs Service— C14–0025547–2 ...... May 21, 1993 (b) EFFECTIVE DATE.—The amendment made (A) to locate the entry; or C14–0025558–9 ...... June 15, 1993 by subsection (a) applies with respect to goods (B) to reconstruct the entry if it cannot be lo- C14–0025560–5 ...... June 15, 1993 entered, or withdrawn from warehouse for con- cated. C14–0025574–6 ...... July 21, 1993 C14–0025575–3 ...... July 21, 1993 sumption, on or after the 15th day after the date SEC. 27. CERTAIN UNLIQUIDATED VESSEL REPAIR C14–0025603–3 ...... July 23, 1993 of the enactment of this Act. ENTRIES. C14–0025604–1 ...... July 23, 1993 SEC. 26. ELIMINATION OF DUTIES ON Section 484E of the Customs and Trade Act of C14–0025605–8 ...... July 23, 1993 ′ C14–0025623–1 ...... October 25, 1993 3,3 -DIAMINOBENZIDINE 1990 (19 U.S.C. 1466 note) is amended— C14–0025624–9 ...... October 25, 1993 (TETRAAMINO BIPHENYL). (1) in subsection (b)— C14–0025625–6 ...... October 25, 1993 (a) IN GENERAL.—Subheading 2921.59.17 of the (A) by striking ‘‘and’’ at the end of paragraph C14–0025635–5 ...... November 8, 1993 C14–0025636–3 ...... November 8, 1993 Harmonized Tariff Schedule of the United (2)(B); C14–0025637–1 ...... November 8, 1993 States is amended by striking ‘‘and m- (B) by redesignating paragraph (3) as para- C14–0025653–8 ...... November 30, 1993 Xylenediamine’’ and inserting ‘‘m- graph (4); and C14–0025654–6 ...... November 30, 1993 ′ C14–0025655–3 ...... November 30, 1993 Xylenediamine; and 3,3 -Diaminobenzidine (C) by inserting after paragraph (2) the fol- C14–0025657–9 ...... November 30, 1993 (tetraamino biphenyl)’’. lowing new paragraph; C14–0025679–3 ...... January 3, 1994 (b) EFFECTIVE DATE.— ‘‘(3) any entry listed in subsection (c) that C14–0025680–1 ...... January 3, 1994 (1) IN GENERAL.—The amendment made by C14–0025688–4 ...... February 14, 1994 was made during the period beginning on Janu- C14–0025689–2 ...... February 14, 1994 subsection (a) applies with respect to goods en- ary 1, 1993, and ending on December 31, 1994, to C14–0025690–0 ...... February 14, 1994 tered, or withdrawn from warehouse for con- the extent such entry involves the purchase of C14–0025691–8 ...... February 14, 1994 C14–0025692–6 ...... February 14, 1994 sumption, on or after the 15th day after the date equipment, the use of materials, or the expense C14–0026803–8 ...... January 24, 1994 of the enactment of this Act. of repairs in a foreign country for 66 LASH C14–0026804–6 ...... January 24, 1994 (2) RETROACTIVE APPLICATION.—Notwith- (Lighter Aboard Ship) barges documented under C14–0026805–3 ...... January 24, 1994 C14–0026807–9 ...... January 24, 1994 standing section 514 of the Tariff Act of 1930 or the laws of the United States if— C14–0026808–7 ...... January 24, 1994 any other provision of law and subject to para- ‘‘(A) such entry was not liquidated on Janu- C14–0026809–5 ...... January 24, 1994 graph (3), any article described in subheading ary 1, 1995; and C14–0026810–3 ...... January 24, 1994 C14–0026811–1 ...... January 24, 1994 2921.59.17 of the Harmonized Tariff Schedule of ‘‘(B) such entry, had it been made on or after C14–0026826–9 ...... March 10, 1994 the United States (as amended by subsection January 1, 1995, would otherwise be eligible for C14–0026827–7 ...... March 10, 1994 (a)) that was entered— the exemption provided in section 466(h)(1) of C14–0026828–5 ...... March 10, 1994 C14–0026829–3 ...... March 10, 1994 (A) on or after January 1, 1995, and the Tariff Act of 1930 (19 U.S.C. 1466(h)(1)), C14–0026830–1 ...... March 10, 1994 (B) before the date that is 15 days after the and’’; and C14–0026831–9 ...... March 10, 1994 date of the enactment of this Act, and (2) by adding at the end the following: C14–0026832–7 ...... March 10, 1994 C14–0026833–5 ...... March 10, 1994 to which lower rate of duty would have applied ‘‘(c) ENTRIES.—The entries referred to in sub- C14–0026841–8 ...... March 31, 1994 if the entry had been made on or after the date section (b)(3) are the following: C14–0026843–4 ...... March 31, 1994 S11810 CONGRESSIONAL RECORD — SENATE September 28, 1996

Entry Number Date of Entry ‘‘(2) ADDITIONAL ENTRY.—The entry of a 66th inserting in numerical sequence the following LASH barge (No. CG E69), for which no entry new subheadings, with the article description C14–0026852–5 ...... May 5, 1994 C14–0026853–3 ...... May 5, 1994 number is available, if, within 60 days after the for subheading 3604.10 having the same degree C14–0026854–1 ...... May 5, 1994 date of the enactment of this subsection, a prop- of indentation as the article description for sub- C14–0026867–3 ...... May 18, 1994 er entry is filed with the Customs Service.’’. C14–0026869–9 ...... May 18, 1994 heading 3604.90.00: C14–0026874–9 ...... June 8, 1994 SEC. 28. DUTY ON DISPLAY FIREWORKS. C14–0026875–6 ...... June 8, 1994 (a) IN GENERAL.—Chapter 36 of the Har- C14–0026898–8 ...... August 2, 1994 C14–0026899–6 ...... August 2, 1994 monized Tariff Schedule of the United States is C14–0040625–7 ...... October 5, 1994. amended by striking subheading 3604.10.00 and ‘‘3604.10 Fireworks: 3604.10.10 Display or special fireworks (Class 1.3G) ...... 2.4% Free (A*, CA, E, IL, 12.5% J, MX) 3604.10.90 Other (including Class 1.4G) ...... 5.3% Free (A*, CA, E, IL, 12.5%’’. J, MX)

(b) CONFORMING AMENDMENT.—General note (1) by striking ‘‘Merchandise’’ and inserting resident meets the eligibility requirements for 4(d) of the Harmonized Tariff Schedule of the ‘‘(A) Except as provided in subparagraph (B), the exemption claimed. Notwithstanding any United States is amended by striking ‘‘3604.00.00 merchandise’’; and other provision of law, such merchandise shall India’’ and inserting ‘‘3604.10.10 India’’ and (2) by adding at the end the following new be considered to be an article acquired abroad ‘‘3604.10.90 India’’. subparagraph: as an incident of the journey from which the (c) EFFECTIVE DATE.—The amendment made resident is returning, for purposes of determin- by this section applies with respect to goods en- ‘‘(B) Except in the case of travel involving ing eligibility for any such exemption.’’. tered, or withdrawn from warehouse for con- transit to, from, or through an insular posses- sumption, on or after the 15th day after the date sion of the United States, merchandise described SEC. 30. TEMPORARY DUTY SUSPENSION FOR of the enactment of this Act. in subparagraph (A) that is purchased by a CERTAIN MOTORCYCLES. SEC. 29. PERSONAL ALLOWANCE DUTY EXEMP- United States resident shall be eligible for ex- (a) IN GENERAL.—Subchapter II of chapter 99 TION FOR MERCHANDISE PUR- emption from duty under subheadings CHASED IN A DUTY-FREE SALES EN- 9804.00.65, 9804.00.70, and 9804.00.72 of the Har- of the Harmonized Tariff Schedule of the United TERPRISE. monized Tariff Schedule of the United States States is amended by inserting in numerical se- Section 555(b)(6) of the Tariff Act of 1930 (19 upon the United States resident’s return to the quence the following new heading: U.S.C. 1555(b)(6)) is amended— customs territory of the United States, if the ‘‘9902.98.06 Motorcycles produced in the United States, previously exported and brought temporarily into the United States by nonresidents for the purpose of participating in the Sturgis Motorcycle Rally and Races ...... Free No change Free On or before 12/31/ 2006’’.

(b) ARTICLES TO BE SUBJECT TO INFORMAL ‘‘(e) PRODUCTION EQUIPMENT.— chandise shall be entered, as provided for in sec- ENTRY; TAXES AND FEES NOT TO APPLY.—Not- ‘‘(1) IN GENERAL.—Notwithstanding any other tion 484 of the Tariff Act of 1930, and estimated withstanding section 484 of the Tariff Act of provision of law, if all applicable customs laws duties shall be deposited with the Customs Serv- 1930 (19 U.S.C. 1484) or any other provision of are complied with (except as otherwise provided ice. The merchandise shall be subject to tariff law, the Secretary of the Treasury may author- in this subsection), merchandise which is admit- classification according to its character, condi- ize the entry of an article described in heading ted into a foreign trade zone for use within such tion, and quantity, and at the rate of duty ap- 9902.98.06 of the Harmonized Tariff Schedule of zone as production equipment or as parts for plicable, at the time use of the merchandise in the United States (as added by subsection (a)) such equipment, shall not be subject to duty production begins. on an oral declaration of the nonresident enter- until such merchandise is completely assembled, ‘‘(4) FOREIGN TRADE ZONE.—For purposes of ing such article and such article shall be free of installed, tested, and used in the production for this subsection, the term ‘foreign trade zone’ in- taxes and fees which may be otherwise applica- which it was admitted. cludes a subzone.’’. ble. ‘‘(2) ADMISSION PROCEDURES.—The person (b) EFFECTIVE DATE.—The amendment made (c) EFFECTIVE DATE.—This section and the who admits the merchandise described in para- by this section shall apply with respect to mer- amendment made by this section shall apply to graph (1) into the zone shall, at the time of such chandise admitted into a foreign trade zone articles entered, or withdrawn from warehouse admission, certify to the Customs Service that after the date that is 15 days after the date of for consumption, on or after the 15th day after the merchandise is admitted into the zone pur- the enactment of this Act. the date of the enactment of this Act. suant to this subsection for use within the zone SEC. 31. DEFERRAL OF DUTY ON CERTAIN PRO- as production equipment or as parts for such SEC. 32. TEMPORARY SUSPENSION OF DUTY ON DUCTION EQUIPMENT. equipment and that the merchandise will be en- THIDIAZURON. (a) IN GENERAL.—Section 3 of the Act of June tered and estimated duties deposited when use (a) IN GENERAL.—Subchapter II of chapter 99 18, 1934 (commonly known as the Foreign Trade of the merchandise in production begins. of the Harmonized Tariff Schedule of the United Zones Act, 19 U.S.C. 81c) is amended by adding ‘‘(3) ENTRY PROCEDURES.—At the time use of States is amended by inserting in numerical se- at the end thereof the following new subsection: the merchandise in production begins, the mer- quence the following new heading: ‘‘9902.30.17 N-phenyl-N’-(1,2,3-thiadiazol-5-yl urea (thidiazuron) in bulk or in forms or packages for retail sale (CAS No. 51707-55-2) (provided for in subheading 2934.90.15 or 3808.30.15) ...... Free No change No change On or before 12/31/98’’.

(b) EFFECTIVE DATE.—The amendment made SEC. 33. 2,3,3-TRIMETHYL-INDOLENINE. by subsection (a) applies with respect to goods (a) IN GENERAL.—Subchapter II of chapter 99 entered, or withdrawn from warehouse for con- of the Harmonized Tariff Schedule of the United sumption, on or after the 15th day after the date States is amended by inserting in numerical se- of the enactment of this Act. quence the following new heading: ‘‘9902.33.90 2,3,3-Trimethyl-indolenine (CAS No. 1640–39–7) (provided for in subheading 2933.90.82) Free No change No change On or before 12/31/99’’.

(b) EFFECTIVE DATE.—The amendment made SEC. 34. BIS(4-AMINO-3-METHYLCYCLOHEXYL)- States is amended by inserting in numerical se- by subsection (a) applies with respect to goods METHANE. quence the following new heading: entered, or withdrawn from warehouse for con- (a) IN GENERAL.—Subchapter II of chapter 99 sumption, on or after the 15th day after the date of the Harmonized Tariff Schedule of the United of the enactment of this Act. ‘‘9902.30.30 Bis(4-amino-3-methylcyclohexyl)-methane (CAS No. 6864–37–5) (provided for in sub- heading 2921.30.30) ...... Free No change No change On or before 12/31/99’’.

(b) EFFECTIVE DATE.—The amendment made ‘‘(F) Such country aids or abets, by granting SEC. 36. TEMPORARY DUTY SUSPENSION ON CER- by subsection (a) applies with respect to goods sanctuary from prosecution to, any individual TAIN CHEMICALS USED IN THE FOR- entered, or withdrawn from warehouse for con- or group which has committed an act of inter- MULATION OF AN HIV PROTEASE IN- sumption, on or after the 15th day after the date national terrorism or the Secretary of State HIBITOR. of the enactment of this Act. makes a determination with respect to such (a) IN GENERAL.—Subchapter II of chapter 99 SEC. 35. LIMITATION ON DESIGNATION AS BENE- country under section 6(j)(1)(A) of the Export of the Harmonized Tariff Schedule of the United FICIARY DEVELOPING COUNTRY. Administration Act of 1979.’’. States is amended by inserting in numerical se- (a) IN GENERAL.—Section 502(b)(2)(F) of the (b) EFFECTIVE DATE.—The amendment made quence the following new headings: Trade Act of 1974 (19 U.S.C. 2462(b)(2)(F)) is by subsection (a) shall take effect on October 1, amended to read as follows: 1996. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11811 ‘‘9902.30.63 3-Acetoxy-2-methylbenzoyl chloride (CAS No. 167678–46–8) (provided for in subheading 2918.29.65) ...... Free No change No change On or before 3/31/97 9902.30.64 (S-(R*,S*))-(3-Chloro-2-hydroxy-1-((phenylthio)methyl)propyl)-carbamic acid phenylmethyl ester (CAS No. 159878–02–1) (provided for in subheading 2922.19.60) ...... Free No change No change On or before 3/31/97 9902.30.65 N-(1,1-dimethylethyl)deca-hydro-2-[2-hydroxy-3-[(3-hydroxy-2-methylbenzoyl)- amino]-4-(phenylthio)butyl]-3-isoquinolinecarboxamide, [3S-[2(2S*,3S*), 3.a.,4a.b.,8a.b.]] (CAS No. 159989–64–7) (provided for in subheading 2933.40.60) ...... Free No change No change On or before 3/31/97’’.

(b) EFFECTIVE DATE.—The amendment made ‘‘(cc) territories and possessions of the United (1) by inserting ‘‘or section 701(c)’’ after ‘‘sec- by subsection (a) applies with respect to goods States, and tion 303’’ each place it appears in the section entered, or withdrawn from warehouse for con- ‘‘(dd) such adjacent islands; heading and text; and sumption, on or after the date that is 15 days ‘‘(ii) the arrival of any railroad car the jour- (2) in subsections (a)(2) and (c) by striking after the date of the enactment of this Act. ney of which originates and terminates in the ‘‘under section 303(a)(2)’’. SEC. 37. TREATMENT OF CERTAIN ENTRIES OF same country, but only if no passengers board SEC. 40. TREATMENT OF DIFFERENCE BETWEEN BUFFALO LEATHER. or disembark from the train and no cargo is COLLECTIONS OF ESTIMATED ANTI- Notwithstanding section 514 of the Tariff Act loaded or unloaded from such car while the car DUMPING DUTY AND FINAL AS- of 1930 (19 U.S.C. 1514) or any other provision of is within any country other than the country in SESSED DUTY UNDER ANTIDUMPING law, buffalo leather, provided for in subheading which such car originates and terminates; DUTY ORDER. 4104.39.20 of the Harmonized Tariff Schedule of ‘‘(iii) the arrival of any ferry; or Section 737(a) of the Tariff Act of 1930 (19 the United States, that is a product of Thailand ‘‘(iv) the arrival of any passenger on board a U.S.C. 1673f(a)) is amended— and entered into the United States under entry commercial vessel traveling only between ports (1) in the matter preceding paragraph (1) by numbers M42–1113868–8 and M42–1113939–7, which are within the customs territory of the striking ‘‘deposit collected’’ and inserting ‘‘de- shall, upon proper request filed with the Cus- United States. posit, or the amount of any bond or other secu- rity, required’’; toms Service not later than 90 days after the ‘‘(B) The exemption provided for in subpara- (2) in paragraph (1) by striking ‘‘the cash de- date of the enactment of this Act, be liquidated graph (A) shall not apply in the case of the ar- posit collected’’ and inserting ‘‘that the cash de- or reliquidated, as appropriate, as if entered on rival of any passenger on board a commercial posit, bond, or other security’’; and June 30, 1995. vessel whose journey originates and terminates (3) in paragraph (2) by striking ‘‘refunded, to SEC. 38. FEES FOR CERTAIN CUSTOMS SERVICES. at the same place in the United States if there the extent the cash deposit’’ and inserting ‘‘re- (a) IN GENERAL.—Section 13031(a)(5) of the are no intervening stops. funded or released, to the extent that the cash Consolidated Omnibus Budget Reconciliation ‘‘(C) The exemption provided for in subpara- deposit, bond, or other security’’. Act of 1985 (19 U.S.C. 58c(a)(5)) is amended— graph (A)(i) shall not apply to fiscal years 1994, (1) in subparagraph (A), by inserting ‘‘a 1995, 1996, and 1997.’’. SEC. 41. CERTAIN LEAD FUEL TEST ASSEMBLIES. place’’ after ‘‘aircraft from’’; and (c) FEE ASSESSED ONLY ONCE.—Section (a) IN GENERAL.—Notwithstanding section 514 (2) in subparagraph (B), by striking ‘‘sub- 13031(b)(4) of the Consolidated Omnibus Budget of the Tariff Act of 1930 (19 U.S.C. 1514) or any section (b)(1)(A)’’ and inserting ‘‘subsection Reconciliation Act of 1985 (19 U.S.C. 58c(b)(4)) is other provision of law, the Secretary of the (b)(1)(A)(i)’’. amended— Treasury shall— (b) LIMITATION ON FEES.—Section 13031(b)(1) (1) by redesignating subparagraphs (A) and (1) liquidate or reliquidate as free of duty the of the Consolidated Omnibus Budget Reconcili- (B) as clauses (i) and (ii), respectively; entries listed in subsection (b), and ation Act of 1985 (19 U.S.C. 58c(b)(1)) is amend- (2) by striking ‘‘No fee’’ and inserting ‘‘(A) No (2) refund any duties paid with respect to ed to read as follows: fee’’; and such entry, ‘‘(b) LIMITATIONS ON FEES.—(1)(A) No fee may (3) by adding at the end the following new if the importer files a request therefor with the be charged under subsection (a) of this section subparagraph: Customs Service within 90 days after the date of for customs services provided in connection ‘‘(B) In the case of a commercial vessel mak- the enactment of this Act. with— ing a single voyage involving 2 or more United (b) ENTRIES.—The entries referred to in sub- ‘‘(i) the arrival of any passenger whose jour- States ports with respect to which the pas- section (a) are as follows: ney— sengers would otherwise be charged a fee pursu- ‘‘(I) originated in— ant to subsection (a)(5), such fee shall be ‘‘(aa) Canada, Entry Number Date of Entry charged only 1 time for each passenger.’’. ‘‘(bb) Mexico, 110–0675952–3 ...... March 9, 1990 ‘‘(cc) a territory or possession of the United (d) EFFECTIVE DATE.—The amendments made 110–1525996–0 ...... September 19, 1990 States, or by this section shall take effect as if included in 110–3667810–7 ...... November 7, 1990 110–1526938–1 ...... December 21, 1990. ‘‘(dd) any adjacent island (within the mean- the amendments made by section 521 of the ing of section 101(b)(5) of the Immigration and North American Free Trade Agreement Imple- SEC. 42. SUSPENSION OF DUTY ON CERTAIN IN- Nationality Act (8 U.S.C. 1101(b)(5))), or mentation Act. JECTION MOLDING MACHINES. ‘‘(II) originated in the United States and was SEC. 39. INJURY DETERMINATIONS FOR CERTAIN (a) IN GENERAL.—Subchapter II of chapter 99 limited to— COUNTERVAILING DUTY ORDERS. of the Harmonized Tariff Schedule of the United ‘‘(aa) Canada, Section 753 of the Tariff Act of 1930 (19 U.S.C. States is amended by inserting in numerical se- ‘‘(bb) Mexico, 1675b) is amended— quence the following new heading: Automated multi-plunger transfer presses, suitable for use in the encapsulation with ‘‘9902.84.77 thermosetting materials of diodes, transistors, and similar semiconductor devices or electronic integrated circuits (provided for in subheading 8477.10.80) ...... Free No change No change On or before 12/31/ 2000’’.

(b) EFFECTIVE DATE.—The amendment made (c) ENTRY LIST.—The entries referred to in Entry Number Date of Entry by subsection (a) applies with respect to goods subsection (a) are the following: 84–208511–5 ...... July 30, 1984 entered, or withdrawn from warehouse for con- Entry Number Date of Entry 84–208013–6 ...... August 1, 1984 sumption, on or after the 15th day after the date 84–208968–7 ...... August 7, 1984 of the enactment of this Act. 84–915604–7 ...... July 6, 1984 84–208968–7 ...... August 7, 1984 84–915604–7 ...... July 6, 1984 85–151075–2 ...... February 5, 1985 SEC. 43. RELIQUIDATION OF CERTAIN ENTRIES 84–915830–4 ...... July 17, 1984 85–210038–1 ...... March 27, 1985 OF COLOR TELEVISIONS. 84–916057–0 ...... August 9, 1984 84–780372–9 ...... August 3, 1984 84–916057–0 ...... August 9, 1984 84–781699–4 ...... September 6, 1984 (a) IN GENERAL.—Notwithstanding sections 84–916302–7 ...... July 28, 1984 84–781699–4 ...... September 6, 1984 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 84–916323–4 ...... July 28, 1984 84–781699–4 ...... September 6, 1984 1514 and 1520), or any other provision of law, 84–916302–7 ...... July 30, 1984 84–781846–8 ...... September 18, 1984 84–525823–7 ...... September 20, 1984 85–944006–0 ...... May 3, 1985 the Customs Service shall, not later than 90 84–525823–7 ...... September 25, 1984 85–294383–6 ...... August 27, 1985 days after the date of the enactment of this Act, 84–525971–5 ...... October 17, 1984 86–215010–1 ...... October 30, 1985 liquidate or reliquidate those entries made at 84–525971–5 ...... October 17, 1984 86–215185–4 ...... December 2, 1985 84–525971–5 ...... October 17, 1984 86–215310–8 ...... December 16, 1985 various ports, which are listed in subsection (c), 84–525971–5 ...... October 17, 1984 85–602949–7 ...... April 15, 1985 in accordance with the final results of the ad- 84–525971–5 ...... October 17, 1984 85–602950–7 ...... April 19, 1985 ministrative reviews, covering the period from 85–279644–9 ...... October 4, 1984 85–602966–2 ...... April 19, 1985 85–279654–6 ...... October 9, 1984 85–603347–0 ...... April 26, 1985 April 1, 1984, through March 31, 1991, conducted 85–280518–1 ...... December 28, 1984 85–603523–2 ...... May 8, 1985 by the International Trade Administration of 85–280518–1 ...... December 28, 1984 85–604545–5 ...... May 31, 1985 85–102631–4 ...... November 13, 1984 86–383795–7 ...... April 22, 1986 the Department of Commerce for such entries 85–102631–4 ...... November 13, 1984 110–1905894–7 ...... February 23, 1987 (case number A–580–008). 85–401288–5 ...... October 8, 1984 86–216530–3 ...... April 16, 1986 (b) PAYMENT OF AMOUNTS OWED.—Any 84–444821–3 ...... August 3, 1984 110–0269614–1 ...... January 12, 1987 84–444821–3 ...... August 3, 1984 110–0269942–6 ...... January 19, 1987 amounts owed by the United States pursuant to 85–422162–4 ...... October 31, 1984 110–0269947–5 ...... January 19, 1987 the liquidation or reliquidation of an entry 85–422162–4 ...... October 31, 1984 110–0269942–6 ...... January 22, 1987 under subsection (a) shall be paid by the Cus- 84–215744–1 ...... July 6, 1984 86–477371–9 ...... August 14, 1986 84–216018–2 ...... August 6, 1984 86–477371–9 ...... August 20, 1986 toms Service within 90 days after such liquida- 84–208013–6 ...... July 30, 1984 331–3808023–0 ...... October 20, 1986 tion or reliquidation. 84–208013–6 ...... July 30, 1984 331–3808023–0 ...... October 20, 1986 S11812 CONGRESSIONAL RECORD — SENATE September 28, 1996

Entry Number Date of Entry The PRESIDING OFFICER. The Sec. 35. Limitation on designation as bene- ficiary developing country. 86–198869–1 ...... September 9, 1986 clerk will report. 86–198893–4 ...... September 17, 1986 The legislative clerk read as follows: Sec. 36. Temporary duty suspension on cer- 86–198964–5 ...... October 14, 1986 tain chemicals used in the for- 331–3807959–6 ...... October 15, 1986 The Senator from Oklahoma [Mr. NICK- mulation of an HIV protease in- 331–3807959–6 ...... October 15, 1986 LES], for Mr. ROTH, proposes an amendment hibitor. 331–3807959–6 ...... October 15, 1986 numbered 5419. 331–3807959–6 ...... October 15, 1986 Sec. 37. Treatment of certain entries of buf- 331–3808023–0 ...... October 20, 1986 Mr. NICKLES. I ask unanimous con- falo leather. 331–3812541–5 ...... December 26, 1986 331–3812541–5 ...... December 26, 1986 sent reading of the amendment be dis- Sec. 38. Fees for certain customs services. 331–3813766–7 ...... February 19, 1987 pensed with. Sec. 39. Injury determinations for certain 110–1123057–7 ...... January 2, 1987 countervailing duty orders. 110–1124082–4 ...... March 26, 1987 The PRESIDING OFFICER. Without 110–1272348–9 ...... November 14, 1986 objection, it is so ordered. Sec. 40. Treatment of difference between 110–1272348–9 ...... November 14, 1986 collections of estimated anti- 110–1272505–4 ...... December 10, 1986 The amendment is as follows: dumping duty and final as- 110–1272505–4 ...... December 10, 1986 110–1273532–7 ...... January 10, 1987 On page 48, line 17, strike all through line sessed duty under antidumping 110–1274561–5 ...... February 20, 1987 19, and insert the following: duty order. 110–1274921–1 ...... March 6, 1987 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 41. Certain lead fuel test assemblies. 110–1275320–5 ...... March 23, 1987 110–1275321–3 ...... March 31, 1987 (a) SHORT TITLE.—This Act may be cited as Sec. 42. Suspension of duty on certain injec- 110–1907947–1 ...... January 22, 1988 the ‘‘Miscellaneous Trade and Technical Cor- tion molding machines. 110–1906495–2 ...... June 5, 1987 Sec. 43. Reliquidation of certain entries of 110–1906599–1 ...... June 22, 1987 rections Act of 1996’’. 110–1906599–1 ...... June 22, 1987 (b) TABLE OF CONTENTS.— color televisions. 110–1906856–5 ...... August 2, 1987 Sec. 44. Articles used to provide repair and 110–1907967–9 ...... January 27, 1988 Sec. 1. Short title; table of contents. 110–1908198–0 ...... March 4, 1988 Sec. 2. Payment of duties and fees. maintenance services. 110–1908178–2 ...... March 10, 1988 Sec. 3. Other technical and conforming Sec. 45. Yttrium oxide and cerium alu- 110–0294344–8 ...... May 6, 1987 minum terbium used as 110–0294344–8 ...... June 5, 1987 amendments. 110–1124130–1 ...... April 1, 1987 Sec. 4. Clarification regarding the applica- luminophores. 110–1124130–1 ...... April 2, 1987 tion of customs user fees. Sec. 46. Pharmaceutical grade 110–1124130–1 ...... April 2, 1987 phospholipids. 110–1125551–7 ...... July 17, 1987 Sec. 5. Technical amendment to the Cus- 110–1125551–7 ...... July 17, 1987 toms and Trade Act of 1990. Sec. 47. Certain structures, parts and com- 110–1126810–6 ...... October 27, 1987 Sec. 6. Clarification of fees for certain cus- ponents used in the Gemini 110–1127047–4 ...... November 6, 1987 Telescopes Project, Mauna Kea, 110–1127620–8 ...... December 23, 1987 toms services. 110–1275844–4 ...... April 16, 1987 Sec. 7. Special rule for extending time for Hawaii. 110–1278958–9 ...... September 10, 1987 filing drawback claims. Sec. 48. Articles provided to Steward Ob- 110–1278958–9 ...... September 10, 1987 Sec. 8. Treatment of entries of certain tele- servatory. 110–1279151–0 ...... September 18, 1987 Sec. 49. Reliquidation of certain frozen con- 110–1279825–9 ...... October 8, 1987 visions. 110–1279767–3 ...... October 16, 1987 Sec. 9. Temporary duty suspension for per- centrated orange juice entries. 110–1280177–2 ...... October 21, 1987 sonal effects of participants in Sec. 50. Twine, cordage, ropes, and cables. 110–1280206–9 ...... October 22, 1987 Sec. 51. Suspension of duty on certain fatty 110–1282001–2 ...... January 12 1988 certain world athletic events. acid esters. 110–1282566–4 ...... February 11, 1988 Sec. 10. Miscellaneous technical correction. 110–1282642–3 ...... February 11, 1988 Sec. 52. Duty suspension on a mobile bison Sec. 11. Uruguay Round Agreements Act. 110–1286015–8 ...... February 22, 1988 slaughter unit. 110–1286165–1 ...... March 16, 1988 Sec. 12. Imports of civil aircraft. Sec. 53. Exemption from tariffs and fees for 110–1286165–1 ...... March 16, 1988 Sec. 13. Technical correction to certain 110–1286165–1 ...... March 16, 1988 certain aircraft parts and chemical description. 110–1908453–9 ...... April 22, 1988 equipment. 110–1908567–6 ...... May 11, 1988 Sec. 14. Marking of certain imported arti- Sec. 54. Reliquidation of certain entries of 110–1908567–6 ...... May 11, 1988 cles and containers. 110–1908928–0 ...... June 29, 1988 live swine. Sec. 15. Tariff treatment of certain silver, 110–1129739–4 ...... May 13, 1988 Sec. 55. Reliquidation of certain entries of 110–1131047–8 ...... August 4, 1988 gold, and platinum bars. sewing machines. 110–1133675–4 ...... January 6, 1989 Sec. 16. Suspension of duty on certain 110–1286261–8 ...... April 7, 1988 Sec. 56. Temporary duty suspension on cer- semimanufactured forms of 110–1286261–8 ...... April 7, 1988 tain textured rolled glass 110–1286492–9 ...... May 12, 1988 gold. sheets. 110–1286492–9 ...... May 12, 1988 Sec. 17. Elimination of East-West Trade Sta- 110–1286492–9 ...... May 12, 1988 Sec. 57. Temporary suspension of duty on tistics Monitoring System. 110–1286677–5 ...... June 16, 1988 DEMT. 110–1286796–3 ...... July 7, 1988 Sec. 18. Retroactive election to reconcile en- Sec. 58. Investigation on cattle and beef 110–1286965–4 ...... August 4, 1988 tries. 110–1286965–4 ...... August 4, 1988 trade. Sec. 19. Tariff treatment for certain motor 110–1288931–4 ...... December 8, 1988 Sec. 59. Special rule for Generalized System 110–0301260–3 ...... May 12, 1989 vehicles. of Preferences. 110–0301272–8 ...... May 19, 1989 Sec. 20. Technical amendments relating to 110–0153952–4 ...... September 3, 1989 On page 88, strike lines 7 and 8, and insert 110–1135558–0 ...... May 12, 1989 Public Law 103–465. 110–1135558–0 ...... May 12, 1989 Sec. 21. Technical amendments relating to the following: 110–1136677–7 ...... July 11, 1989 Public Law 103–182. SEC. 23. RELIQUIDATION OF ENTRIES OF WARP 110–1139014–0 ...... November 24, 1989 KNITTING MACHINES. 110–1294013–3 ...... September 14, 1989 Sec. 22. Technical amendment regarding ju- 110–1298751–4 ...... May 15, 1990 dicial review. On page 89, strike lines 15 through 17, and 110–1274861–9 ...... March 4, 1987 Sec. 23. Reliquidation of entries of warp insert the following: 110–1274863–5 ...... March 4, 1987 110–1275349–4 ...... May 12, 1987 knitting machines. SEC. 26. ELIMINATION OF DUTY ON 110–1285836–8 ...... August 31, 1988 Sec. 24. Temporary suspension of duty on 3,3′-DIAMINOBENZIDINE 110–1286179–2 ...... March 25, 1988 diclofop-methyl. (TETRAAMINO BIPHENYL). 110–1286180–0 ...... March 25, 1988 On page 112, beginning on line 1, strike all 110–1286181–8 ...... March 25, 1988 Sec. 25. Elimination of duty on 2-amino-3- 110–1286265–9 ...... April 5, 1988 chlorobenzoic acid, methyl through the matter following line 6, and in- 110–1286507–4 ...... May 12, 1988 ester. sert the following: 110–1286580–1 ...... May 26, 1988 110–1286582–7 ...... May 26, 1988 Sec. 26. Elimination of duty on SEC. 45. YTTRIUM OXIDE AND CERIUM ALU- 110–1286584–3 ...... May 26, 1988 3,3′-diaminobenzidine MINUM TERBIUM USED AS 110–1286634–6 ...... June 7, 1988 (tetraamino biphenyl). LUMINOPHORES. 110–1286681–7 ...... June 18, 1988 (a) IN GENERAL.—Subchapter II of chapter 110–1286751–8 ...... June 23, 1988 Sec. 27. Certain unliquidated vessel repair 110–1286782–3 ...... July 7, 1988 entries. 99 of the Harmonized Tariff Schedule of the 110–1286879–7 ...... July 27, 1988 Sec. 28. Duty on display fireworks. United States is amended by inserting in nu- 110–1286881–3 ...... August 1, 1988 merical sequence the following new heading: 110–1286882–1 ...... August 10, 1988 Sec. 29. Personal allowance duty exemption 110–1286925–8 ...... July 27, 1988 for merchandise purchased in a ‘‘9902.32.06 Yttrium oxide and cerium aluminum 110–1286927–4 ...... August 1, 1988 duty-free sales enterprise. 110–1286972–0 ...... August 11, 1988 terbium of a kind 110–1286991–0 ...... August 1, 1988 Sec. 30. Temporary duty suspension for cer- used as tain motorcycles. luminophores (pro- AMENDMENT NO. 5419 vided for in sub- Sec. 31. Deferral of duty on certain produc- (Purpose: To add a table of contents and heading 3206.50.00) Free No No On or be- tion equipment. change change fore 12/ make technical amendments) Sec. 32. Temporary suspension of duty on 31/ 2000’’. Mr. NICKLES. Mr. President, Sen- thidiazuron. ator ROTH has an amendment at the Sec. 33. 2,3,3-trimethyl-indolenine. Mr. NICKLES. Mr. President, I ask desk, and I ask for its immediate con- Sec. 34. Bis(4-amino-3-methylcyclohexyl)- unanimous consent the amendment be sideration. methane. September 28, 1996 CONGRESSIONAL RECORD — SENATE S11813 considered as read and agreed to, the against the extension of the airport- I also want to mention the comments committee amendment be agreed to, airways trust fund authorization. Now, made by my colleague from Alaska the bill be deemed read for the third in my State, which is one-fifth the size dealing with the FAA bill. We need to time and passed, the motion to recon- of the whole United States, we don’t pass that bill, the Senator is right. It is sider be laid upon the table and that build roads, we fly; 75 percent of the going to be irresponsible if we don’t any statements relating to the bill be communities in my State can be pass the bill. So I just pledge to my placed at the appropriate place in the reached only by air. We are in the proc- friend and colleague from Alaska that RECORD. ess now of moving in new equipment. we will work as energetically as we The amendment (No. 5419) was agreed The bill contains a sizable amount of possibly can to try to make sure that to. authorization to carry out that new happens before we adjourn sine die. The committee amendment was equipment. f agreed to. As this Senate knows, we have had The bill (H.R. 3815), as amended, was too many recent crashes. I was in one ORDERS FOR MONDAY, deemed read a third time, and passed. crash, Mr. President, in 1978, that was SEPTEMBER 30, 1996 f brought about by sheer winds. I have tried, in my time in the Senate, to do Mr. NICKLES. Mr. President, I ask AIRLINE SAFETY everything I can to get the authoriza- unanimous consent that when the Sen- Mr. STEVENS. Mr. President, we are tion to get the changes and we now ate completes its business today, it facing a very serious matter before the have them coming. This bill provides stand in adjournment until the hour of Senate and Congress adjourns. The au- them. 10 a.m. on Monday, September 30; fur- thority to spend money from the Air- I cannot tell the Senate in any ther, that immediately following the port and Airways Trust Fund expires stronger terms, we are going to stay in prayer, the Journal of the proceedings on September 30. After that date, it session—I am sorry to serve notice on be deemed approved to date, the morn- will not be possible to spend, literally, the leadership itself—we are going to ing hour be deemed to have expired, millions and millions of dollars nec- stay in session until that bill passes. If the time for the two leaders be re- essary to continue the modernization it is December 31, we are still going to served for their use later in the day; of our airway system, improvements in be here. We cannot operate in my State the Senate then proceed to the amend- airports, in particular, that are safety- without airways trust fund moneys. able continuing resolution, which will related, unless this bill is passed. They provide the basic security for our come from the House later this The airport at my capital city in Ju- transportation system. evening, for debate only, no amend- neau is now red-lined because of the I am just appalled that this one little ments in order prior to the hour of 2 failure to have a system to deal with provision that represents correcting an p.m. shear winds that develop there. We are error that was made in the ICC bill— The PRESIDING OFFICER. Without now working to move into Juneau when it passed the Senate and the objection, it is so ordered. some portable equipment that can deal House, it was an acknowledged error. f with wind profiling and predict shear One little provision that was placed in wind. We have had over 1,000 people there by my good friend from South PROGRAM stranded in Juneau in the last week. Carolina that is in this bill now is ap- Mr. NICKLES. Mr. President, the We were seeking to go out of Juneau parently an excuse for some of the Senate will begin consideration of the because of the failure to get clearance Members on the other side of the aisle omnibus appropriations bill at 10 a.m. for the jets that fly from my State to to hold up this important bill. It is a on Monday. Also the Senate can be ex- Seattle. Alaska Airlines has prac- bill, by the way, that will provide hun- pected to consider the FAA conference tically been grounded there at a time dreds of millions of dollars for the con- report, the Presidio conference report, when there was no winds at all. tinuation of construction at airports and other legislative items cleared for This bill is being held up because of a throughout this country. Those will all action. provision offered by a member of the come to a halt. No money is authorized Therefore, votes will occur but will Democratic Party in this Senate, sup- to be spent after September 30 unless not occur prior to the hour of 2 p.m. on ported in conference by all but two this bill passes. Monday. members of that conference, and it is So, Mr. President, I yield back to my Mr. President, I suggest the absence literally being blocked. friend, so he can bring about the clos- of a quorum. Mr. President, this bill provides for ing. But I shall be here every minute The PRESIDING OFFICER. The safety equipment at airports all over the Senate is open now in order to as- clerk will call the roll. this country. Once we get to September sure that that bill will pass. It is a bill The legislative clerk proceeded to 30, if that bill is not passed, they will that we have worked on now for 2 call the roll. come to a screeching halt. I want the years, and I was part of the conference Mr. NICKLES. Mr. President, I ask Senate to know I will use every par- committee. I know what happened in unanimous consent that the order for liamentary maneuver I know to keep conference. But that is the democratic the quorum call be rescinded. us in session until that bill passes. process. The two Senators who are ob- The PRESIDING OFFICER. Without I want everyone to listen because I jecting, and who are missing, better objection, it is so ordered. am serious. We cannot recess without get on the plane and come back, be- passing the FAA bill, and there is no cause I am going to start calling them f way that this Senator will permit that. by name Monday if they are not back ADJOURNMENT UNTIL 10 A.M. One Senator can keep the Senate in here and are trying to block this bill in MONDAY, SEPTEMBER 30, 1996 session if he wants to do that. We will absentia. This is the most important stay in session until it passes. bill to my State every time it comes Mr. NICKLES. Mr. President, if there I want further to note that there will up. It is going to pass. That is all there is no further business to come before not be another bill pass here by unani- is to it. the Senate, I now ask unanimous con- mous consent that has a Democratic Mr. NICKLES. addressed the Chair. sent the Senate stand in adjournment name on it until the FAA bill passes. The PRESIDING OFFICER (Mr. STE- under the previous order. I make strange statements at times, VENS). The Senator from Oklahoma. For the information of all Senators, but at this time I know I can carry Mr. NICKLES. My compliments to we will reconvene at 10 a.m. on Monday that out. I hope all Members of the my colleague from Wyoming. He did morning. other side in this body and in the other fulfill a very significant heritage by There being no objection, the Senate, body are listening, because I don’t care following his father’s footsteps in the at 7:08 p.m., adjourned until Monday, who it is—there is a conspiracy now Senate. September 30, 1996, at 10 a.m. Saturday, September 28, 1996 Daily Digest

HIGHLIGHTS Senate agreed to Coast Guard Authorizations Conference Report. House passed Omnibus Consolidated Appropriations Act. House agreed to DOD Appropriations Conference Report. House passed Omnibus Parks and Public Lands Management Act. House agreed to National Securities Improvement Act Conference Re- port. House passed Veterans Health Care Reform, Disability, and Benefits Acts. Senate and the royal Government of Cambodia’s conduct Chamber Action should be among the primary objectives of the Unit- Routine Proceedings, pages S11611–S11813 ed States in its relations with Cambodia, after agree- Measures Introduced: Eight bills and three resolu- ing to a committee amendment in the nature of a tions were introduced, as follows: S. 2153–2160, and substitute. Pages S11638±40 S. Res. 303–305. Page S11720 Medicaid Enrollment Waiver: Committee on Fi- Measures Passed: nance was discharged from further consideration of Amos F. Longoria Post Office Building: Com- H.R. 3871, to waive temporarily the Medicaid en- mittee on Governmental Affairs was discharged from rollment composition rule for certain health mainte- further consideration of H.R. 2700, to designate the nance organizations, and the bill was then passed, building located at 8302 FM 327, Elmendorf, Texas, clearing the measure for the President. Page S11640 which houses operations of the United States Postal Alaska Natives Study: Senate passed H.R. 3973, Service, as the ‘‘Amos F. Longoria Post Office Build- to provide for a study of the recommendations of the ing’’, and the bill was then passed, after agreeing to Joint Federal-State Commission on Policies and Pro- the following amendment proposed thereto: grams Affecting Alaska Natives, clearing the meas- Page S11612 ure for the President. Pages S11640±41 Gregg (for Pryor) Amendment No. 5413, to clar- National Shaken Baby Syndrome Awareness ify the provision of section 3626(b) of title 39, Unit- Week: Committee on the Judiciary was discharged ed States Code, defining an ‘‘institution of higher from further consideration of S. Res. 300, to des- education’’. Page S11612 ignate the week of November 3, 1996, as ‘‘National Joshua Lawrence Chamberlain Post Office Shaken Baby Syndrome Awareness Week’’, and the Building: Senate passed S. 2153, to designate the resolution was then agreed to. Page S11641 United States Post Office building located in Brew- er, Maine, as the ‘‘Joshua Lawrence Chamberlain American Free Enterprise Day: Committee on Post Office Building’’. Pages S11612±13 the Judiciary was discharged from further consider- ation of S. Res. 291, to designate November 18, United States-Cambodia Relations: Senate 1996, as ‘‘American Free Enterprise Day’’, and the agreed to S. Res. 285, expressing the sense of the resolution was then agreed to. Pages S11641±42 Senate that enforcement of the Cambodian Genocide Justice Act, improvements in Cambodia’s record on CAA Labor-Management Relations: Senate human rights, the environment, narcotics trafficking agreed to S. Res. 304, approving certain regulations

D1023 D1024 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 1996 to implement provisions of the Congressional Ac- 28, 1965, and November 26, 1985, clearing the bill countability Act of 1995 relating to labor-manage- for the President. Pages S11666±67 ment relations with respect to employing offices of Department of Energy Hydrogen Programs: Sen- the Senate and employees of the Senate. Page S11642 ate passed H.R. 4138, to authorize the hydrogen re- Congressional Accountability Act Provisions: search, development, and demonstration programs of Committee on Rules and Administration was dis- the Department of Energy, clearing the bill for the charged from further consideration of H. Con. Res. President. Page S11667 207, approving certain regulations to implement Irrigation Project Contract Extension Act: Sen- provisions of the Congressional Accountability Act of ate passed S. 1649, to extend contracts between the 1995 relating to labor-management relations with Bureau of Reclamation and irrigation districts in respect to covered employees, other than employees Kansas and Nebraska, after agreeing to committee of the House of Representatives and employees of amendments. Pages S11667±68 the Senate, and the resolution was then agreed to. Marine Mineral Resources Research Act: Senate Page S11642 passed S. 1194, to promote the research, identifica- Veterans’ Health Care Eligibility Reform Act: tion, assessment, and exploration of marine mineral Committee on Veterans Affairs was discharged from resources, after agreeing to a committee amendment further consideration of H.R. 3118, to amend title in the nature of a substitute. Pages S11668±69 38, United States Code, to reform eligibility for health care provided by the Department of Veterans Helium Recovery/Disposal: Senate passed H.R. 4168, to amend the Helium Act to authorize the Affairs, to authorize major medical facility construc- Secretary to enter into agreements with private par- tion projects of the Department, and to improve ad- ties for the recovery and disposal of helium on Fed- ministration of health care by the Department, and eral lands, clearing the measure for the President. the bill was then passed, after agreeing to the fol- Page S11669 lowing amendment proposed thereto: Pages S11642±58 Nickles (for Simpson) Amendment No. 5414, in Energy Policy and Conservation Act Extension: the nature of substitute. Pages S11642±58 Senate passed H.R. 3868, to extend certain programs under the Energy Policy and Conservation Act Hong Kong Economic and Trade Offices: Senate through September 30, 1996, after agreeing to the passed S. 2130, to extend certain privileges, exemp- following amendment proposed thereto: tions, and immunities to Hong Kong Economic and Pages S11669±70 Trade Offices. Pages S11658±59 Lott (for Murkowski) Amendment No. 5415, in Reclamation Recycling and Water Conservation the nature of a substitute. Pages S11669±70 Act: Senate passed H.R. 3660, to make amendments DOE Standardization Act: Senate passed S. to the Reclamation Wastewater and Groundwater 1874, to amend sections of the Department of En- Study and Facilities Act, clearing the bill for the ergy Organization Act that are obsolete or inconsist- President. Page S11666 ent with other statutes and to repeal a related sec- Propane Education and Research Act: Senate tion of the Federal Energy Administration Act of passed H.R. 1514, to authorize and facilitate a pro- 1974. Page S11670 gram to enhance safety, training, research and devel- Health Professions Education Consolidation and opment, and safety education in the propane gas in- Reauthorization Act: Senate passed S. 555, to dustry for the benefit of propane consumers and the amend the Public Health Service Act to consolidate public, clearing the bill for the President. and reauthorize health professions and minority and Pages S11666±67 disadvantaged health education programs, after Uranium Mill Tailings Radiation Control Au- agreeing to a committee amendment in the nature thorization: Senate passed H.R. 2967, to extend the of a substitute, and the following amendment pro- authorization of the Uranium Mill Tailings Radi- posed thereto: Pages S11670±95 ation Control Act of 1978, clearing the bill for the Lott (for Kassebaum) Amendment No. 5416, to President. Pages S11666±67 make certain modifications. Pages S11683±95 Central Utah Project Completion Act: Senate Savings in Construction Act: Committee on passed H.R. 1823, to amend the Central Utah Commerce, Science, and Transportation was dis- Project Completion Act to direct the Secretary of the charged from further consideration of H.R. 2779, to Interior to allow for prepayment of repayment con- provide for soft-metric conversion, and the bill was tracts between the United States and the Central then passed, after agreeing to the following amend- Utah Water Conservancy District dated December ment proposed thereto: Pages S11704±07 September 28, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D1025 Lott (for Burns) Amendment No. 5417, in the na- committee amendment in the nature of a substitute, ture of a substitute. Pages S11704±07 and the following amendment proposed thereto: Counting of Electoral Votes: Senate passed S. Pages S11774±94 2158, to set the time for counting electoral votes. Nickles (for Simpson) Amendment No. 5418, in Page S11770 the nature of a substitute. Pages S11779±85 Convening of the 105th Congress: Senate passed Enrollment Correction: Senate agreed to H. Con. S. 2159, to set the time for the convening of the Res. 229, directing the Secretary of the Senate to 105th Congress. Pages S11770±71 make corrections in the enrollment of S. 1004. Private Relief: Senate passed H.R. 1031, for the Page S11794 relief of Oscar Salas-Velazquez, clearing the measure United States-Estonia Fishery Agreement: Senate for the President. Page S11771 passed H.R. 543, to approve a governing inter- national fishery agreement between the United States National Duck Calling Day: Senate agreed to S. and the Republic of Estonia, clearing the measure for Res. 305, to designate Saturday, November 30, the President. Page S11803 1996, as ‘‘National Duck Calling Day’’. Page S11771 Trade Law Corrections: Senate passed H.R. Transportation Law: Committee on the Judiciary was discharged from further consideration of H.R. 3815, to make technical corrections and miscellane- 2297, to codify without substantive change laws re- ous amendments to trade laws, after agreeing to a lated to transportation and to improve the United committee amendment in the nature of a substitute, States Code, and the bill was then passed, clearing and the following amendment proposed thereto: Pages S11805±13 the measure for the President. Page S11771 Nickles (for Roth) Amendment No. 5419, to add Enrollment Correction: Senate agreed to H. Con. a table of contents and make technical corrections. Res. 221, directing the Clerk of the House to make Pages S11812±13 corrections in the enrollment of H.R. 3159. Page S11771 Coast Guard Authorizations Conference Report: Senate agreed to the conference report on S. 1004, Travel and Tourism Partnership Act: Senate to authorize appropriations for the United States passed H.R. 2579, to establish the National Tourism Coast Guard, clearing the measure for the President. Board and the National Tourism Organization to Pages S11794±S11803 promote international travel and tourism to the United States, clearing the measure for the Presi- Fort Peck Rural County Water Supply System: dent. Page S11771 Senate concurred in the amendment of the House to S. 1467, to authorize the construction of the Fort National Film Preservation Foundation Act: Peck Rural County Water Supply System, to author- Committee on the Judiciary was discharged from ize assistance to the Fort Peck Rural County Water further consideration of H.R. 1734, to reauthorize District, Inc., a nonprofit corporation, and for the the National Film Preservation Board, and the bill planning, design, and construction of the water sup- was then passed, clearing the measure for the Presi- ply system, clearing the measure for the President. Pages S11771±73 dent. Pages S11804±05 Commending Hungary/Romania: Senate agreed Treaties Approved: The following treaties having to S. Res. 303, commending the Governments of passed through their various parliamentary stages, up Hungary and Romania on the occasion of the sign- to and including the presentation of the resolution ing of a Treaty of Understanding, Cooperation and of ratification, upon division, two-thirds of the Sen- Good Neighborliness. Page S11774 ators present and having voted in the affirmative, the International Broadcasting Technology: Senate resolutions of ratification were agreed to: passed H.R. 3916, to make available certain Voice Income Tax Convention with Kazakstan, with a of America and Radio Marti multilingual computer proviso. (Treaty Doc. No. 103–33) readable text and voice recordings, clearing the Exchange of Notes Relating to the Tax Conven- measure for the President. Page S11774 tion with Kazakstan, with a proviso. (Treaty Doc. Commission on Service Members and Veterans No. 104–15) Transition Assistance: Senate passed S. 1711, to Taxation Protocol Amending Convention with In- amend title 38, United States Code, to improve the donesia. (Treaty Doc. No. 104–32) benefits programs administered by the Secretary of Protocol Amending Article VIII of the 1948 Tax Veterans Affairs, and to provide for a study of the Convention with Respect to the Netherlands Antil- Federal programs for veterans, after agreeing to a les. (Treaty Doc. No. 104–23) Page S11659 D1026 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 1996

Committee Authority: Committees were authorized Additional Statements: Page S11754±64 to file special reports on non-legislative matters on Adjournment: Senate convened at 10 a.m., and ad- Thursday, November 21, 1996, from 10 a.m. until journed at 7:08 p.m., until 10 a.m., on Monday, 2 p.m. Page S11804 September 30, 1996. (For Senate’s program, see the Messages From the House: Pages S11719±20 remarks of the Assistant Majority Leader in today’s Record on page S11813.) Statements on Introduced Bills: Pages S11720±31 Additional Cosponsors: Page S11731 Committee Meetings Amendments Submitted: Page S11732±53 No committee meetings were held. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designated Representative Bills Introduced: 55 public bills, H.R. 4274–4328; Hastert to act as Speaker pro tempore for today. and 7 resolutions, H.J. Res. 197–198, H. Con. Res. Page H11597 229–231, and H. Res. 551–552 were introduced. Order of Business: Pursuant to H. Res. 525, the Pages H12172±75 rule providing for expedited procedures for the re- Reports Filed: Reports were filed as follows: mainder of the 2nd Session of the 104th Congress: H.R. 3307, to amend title 5, United States Code, Representative Walker announced the consider- to provide for a limitation on sanctions imposed by ation today of H.R. 3487, H.R. 3163, H.R. 4165, agencies, amended (H. Rept. 104–859); and H.R. 4123. Page H11603 H.R. 2392, to amend the Umatilla Basin Project Representative Lazio announced the consideration Act to establish boundaries for irrigation districts today of H.R. 543, H.R. 4236, H.R. 4264, H.R. within the Umatilla Basin, amended (H. Rept. 104- 3633, and H.R. 2779. Page H11603 860); Representative Saxton announced the consideration Federal Government Management: Examining today of H.R. 3632. Page H11626 Government Performance As We Near The Next Representative Pryce announced the consideration Century (H. Rept. 104-861); today of S. 3005 and S. 2003. Page H11636 Investigation into the White House and Depart- Recess: The House recessed at 9:25 a.m. and recon- ment of Justice on Security of FBI Background In- vened at 12:18 p.m. Page H11603 vestigation Files (H. Rept. 104–862); Conference report on H.R. 3610, making appro- Suspensions: The House voted to suspend the rules and take the following actions: priations for the Department of Defense for the fiscal year ending September 30, 1997 (H. Rept. Metric Conversion: Passed H.R. 4233, to provide 104–863); for appropriate implementation of the Metric Con- Conference report on H.R. 3005, to amend the version Act of 1975 in Federal construction projects; Federal securities laws in order to promote efficiency Pages H11599±H11602, H12032 and capital formation in the financial markets, and Metric Conversion: Subsequently, agreed to the to amend the Investment Company Act of 1940 to Senate amendment to H.R. 2779, to provide for promote more efficient management of mutual soft-metric conversion—clearing the measure for the funds, protect investors, and provide more effective President; Pages H12032±33 and less burdensome regulation (H. Rept. 104–864); Stanislaus County, California Land Convey- and ance: Passed H.R. 4088, amended, to provide for the H.R. 2976, to prohibit health plans from interfer- conveyance of certain property from the United ing with health care provider communications with States to Stanislaus County, California; Page H11602 their patients, amended (H. Rept. 104–865 Part I). Native American Housing Assistance: Passed Page H12172 H.R. 3219, amended, to provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance; Pages H11603±22 September 28, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D1027 Omnibus Territories Act: Passed H.R. 1332, Recess: The House recessed at 2:16 p.m. and recon- amended, to establish certain policies and respon- vened at 5:00 p.m. Pages H11635±36 sibilities with respect to the administration of the Unanimous-Consent Consideration: By unanimous Rongelap Resettlement Trust Fund. Motion to re- consent, the House agreed to consider the following consider the vote was not agreed to. Agreed to measures: amend the title (agreed to by a yea-and-nay vote of 398 yeas to 5 nays, Roll No. 451); Enrollment Correction: Agreed to H. Con. Res. 229, directing the Secretary of the Senate to make Pages H11622±26, H12034, H12170 corrections in the enrollment of S. 1004, to author- National Marine Sanctuaries: Passed H.R. 543, ize appropriations for fiscal year 1996 for the Coast amended, to approve a governing international fish- Guard; Page H11603 ery agreement between the United States and the Waiving Enrollment Requirements: Passed H.J. Republic of Estonia. Agreed to amend the title. Res. 197, waiving certain enrollment requirements Pages H11626±28 with respect to any bill or joint resolution of the Canadian Boater Landing: Passed H.R. 4165, One Hundred Fourth Congress making general or amended, to provide for certain changes with respect continuing appropriations for fiscal year 1997; to requirements for a Canadian boater landing per- Page H11636 mit pursuant to section 235 of the Immigration and Veterans Health Care Reform: Agreed to the Sen- Nationality Act. Agreed to amend the title. ate amendments to H.R. 3118, to amend title 38, Pages H11629±30 United States Code, to reform eligibility for health Patient Reviews in Nursing Facilities: Passed care provided by the Department of Veterans Af- H.R. 3632, to amend title XIX of the Social Secu- fairs—clearing the measure for the President; rity Act to repeal the requirement for annual resi- Pages H12111±21 dent review for nursing facilities under the Medicaid Veterans Disability Compensation: Agreed to the program and to require resident reviews for mentally Senate amendments to H.R. 3458, to increase, effec- ill or mentally retarded residents when there is a sig- tive as of December 1, 1996, the rates of disability nificant change in physical or mental condition; compensation for veterans with service-connected Pages H11633±35 disabilities and the rates of dependency and indem- Omnibus Parks and Public Lands Management: nity compensation for survivors of such veterans— Passed H.R. 4236, amended, to provide for the ad- clearing the measure for the President; ministration of certain Presidio properties at mini- Pages H12121±22 mal cost to the Federal taxpayer. The Clerk was au- Veterans Benefits: Passed S. 1711, to establish a thorized to make technical and conforming changes commission to evaluate the programs of the Federal in the engrossment of the bill. Motion to reconsider Government that assist members of the Armed the vote was not agreed to (agreed to by a yea-and- Forces and veterans in readjusting to civilian life— nay vote of 404 yeas to 4 nays, Roll No. 453); clearing the measure for the President; Pages H12023±32, H12035±36 Pages H12122±31 National Securities Improvement Act: Agreed to Impact Aid: Passed H.R. 4282, to amend the Na- the conference report on H.R. 3005, to amend the tional Defense Authorization Act for FY 1993 to Federal securities laws in order to promote efficiency make a technical correction relating to the provisions and capital formation in the financial markets, and of Department of Defense assistance to local edu- to amend the Investment Company Act of 1940 to cational agencies. Pages H12131±32 promote more efficient management of mutual Comprehensive Methamphetamine Control: funds, protect investors, and provide more effective Passed S. 1965, to prevent the illegal manufacturing and less burdensome regulation; Pages H12037±51 and use of methamphetamine—clearing the measure Suspension Failed: for the President; Pages H12132±36 Oregon-Washington State Tax: House failed to Proprietary Economic Information Protection: suspend the rules and pass H.R. 3163, to provide Agreed to the Senate amendment with an amend- that Oregon may not tax compensation paid to a ment to H.R. 3723, to amend title 18, United resident of Washington for services as a Federal em- States Code, to protect proprietary economic infor- ployee at a Federal hydroelectric facility located on mation; Pages H12137±45 the Columbia River (failed to pass by a yea-and-nay Joshua Lawrence Chamberlain Post Office Build- vote of 199 yeas to 209 nays, Roll No. 452). ing: Passed S. 2153, to designate the United States Pages H11630±33, H12034±35 Post Office building located in Brewer, Maine, as D1028 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 1996 the ‘‘Joshua Lawrence Chamberlain Post Office appropriations for the fiscal year ending September Building’’—clearing the measure for the President; 30, 1997, be considered as passed. Page H12033 Page H12145 DOD Appropriations Conference Report: By a Amos F. Longoria Post Office Building: Agreed yea-and-nay vote of 370 yeas to 37 nays with 1 vot- to the Senate amendment to H.R. 2700, to designate ing ‘‘present’’, Roll No. 455, the House agreed to the United States Post Office building located at the conference report on H.R. 3610, making appro- 7980 FM 327, Elmendorf, Texas, as the ‘‘Amos F. priations for the Department of Defense for the fiscal Longoria Post Office Building’’—clearing the meas- year ending September 30, 1997. ure for the President; Pages H12145±46 Pages H11644±H12021, H12051±H12110 Invasive Species Act: H.R. 4283, to provide for Rejected the Coleman motion to recommit the Conference Report to the Committee of Conference. ballast water management to prevent the introduc- tion and spread of nonindigenous species into the Page H12109 waters of the United States. The Clerk was author- Omnibus Consolidated Appropriations: Pursuant ized to make technical and conforming changes in to the unanimous-consent agreement, and upon the engrossment of the bill; Pages H12146±52 adoption of the DOD Appropriations Conference Re- port, H.R. 4278, making omnibus consolidated ap- Amendments to Trade Laws: Agreed to Senate propriations for the fiscal year ending September 30, amendments to H.R. 3815, to make technical cor- 1997 was considered passed. Page H12033 rections and miscellaneous amendments to trade laws—clearing the measure for the President; and Preparation for the Adjournment of the Second Session Sine Die: The House agreed to H. Res. Pages H12152±64 546, providing for consideration of certain resolu- Navajo-Hopi Land Dispute: Passed S. 1973, to tions in preparation for the adjournment of the sec- provide for the settlement of the Navajo-Hopi land ond session sine die. Agreed to order the previous dispute—clearing the measure for the President. question by a recorded vote of 223 ayes to 183 noes, Pages H12165±67 Roll No. 454. Pages H11636±44, H12036±37 Recess: The House recessed at 6:45 p.m. and recon- Printing of House Rules and Manual: Pursuant vened at 7:00 p.m. Page H12033 to the provisions of H. Res. 546, adopted H. Res. Bill Returned: House agreed to H. Res. 554, re- 552, providing for the printing of a revised edition turning to the Senate, H.R. 400, to authorize the of the House Rules and Manual for the 105th Con- Secretary of the Interior to consolidate the surface gress. Pages H11636±44, H12036±37 and subsurface estates of certain lands within 3 con- Organizational Caucus: Pursuant to the provi- servation system units on the Alaska Peninsula, and sions of H. Res. 546, adopted H. Res. 551, provid- the Senate amendment thereto. Pages H12164±65 ing that any organizational caucus or conference in the House for the 105th Congress may begin on or Late Report: Committee on Resources received per- after November 15, 1996. Pages H11636±44, H12036±37 mission to have until 5:00 p.m. on October 11, 1996 to file a report on H.R. 2041, to amend the Convening Day for the 105th Congress: House Organic Act of Guam to provide restitution to the passed H.J. Res. 198, appointing the day for the people of Guam who suffered atrocities such as per- convening of the first session of the One Hundred sonal injury, forced labor, forced marches, intern- Fifth Congress and the day for the counting in Con- ment, and death during the occupation of Guam in gress of the electoral votes for President and Vice President cast in December 1996. Page H12110 World War II. Page H12167 Order of Business—Omnibus Consolidated Ap- Adjournment Sine Die: Agreed to H. Con. Res. propriations: By unanimous consent, the House 230, providing for the adjournment of both Houses agreed to consider the conference report to accom- sine die. Pages H12110±11 pany H.R. 3610, making appropriations for the De- Designation of Speaker Pro Tempore: Read and partment of Defense for the fiscal year ending Sep- accepted a letter from the Speaker wherein he des- tember 30, 1997, that all points of order against the ignates Representative Morella or Representative conference report and against its consideration be Wolf to act as Speaker pro tempore for the remain- waived; that the conference report be considered as der of the 104th Congress. Page H12111 read; and that upon adoption of the conference re- Meeting Hour: Agreed that when the House ad- port notwithstanding any rule of the House to the journs today, it adjourn to meet at 2:00 p.m. on contrary, H.R. 4278, making omnibus consolidated Monday, September 30. Page H12111 September 28, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D1029

Referrals: S. 737 was referred to the Committee on Adjournment: Met at 9:00 a.m. and adjourned at Commerce and S. 2153 was referred to the Commit- 11:42 p.m. tee on Government Reform and Oversight. Page H12171 Committee Meetings Senate Messages: Messages received from the Senate No committee meetings were held. appear on pages H11598, H11636, H12100, and f H12131. Quorum Calls—Votes: Five yea-and-nay votes de- CONGRESSIONAL PROGRAM AHEAD veloped during the proceedings of the House today Week of September 30 through October 5, 1996 and appear on pages H12034, H12035, H12035–36, H12036–37, and H12109–10. There For Congressional Program Ahead, see Congressional were no quorum calls. Record of Friday, September 27, 1996. D1030 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, September 30 2 p.m., Monday, September 30

Senate Chamber House Chamber Program for Monday: Senate will consider H.R. 4278, Program for Monday: Conduct routine business prior to Omnibus Continuing Appropriations, conference report adjournment sine die. on H.R. 3610, DOD Appropriations, conference report on H.R. 1296, Presidio Properties, conference report on H.R. 3539, FAA Authorizations, and any further items cleared for consideration.

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