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

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

Vol. 143 WASHINGTON, WEDNESDAY, SEPTEMBER 24, 1997 No. 129 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore. The called to order by the Speaker pro tem- nal stands approved. Clerk will report the motion. pore [Mr. HEFLEY]. Mr. DOGGETT. Mr. Speaker, pursu- The Clerk read as follows: f ant to clause 1, rule I, I demand a vote Mr. MILLER of California moves that the on agreeing to the Speaker’s approval House do now adjourn. DESIGNATION OF THE SPEAKER of the Journal. The SPEAKER pro tempore. The PRO TEMPORE The SPEAKER pro tempore. The question is on the motion to adjourn The SPEAKER pro tempore laid be- question is on the Chair’s approval of offered by the gentleman from Califor- fore the House the following commu- the Journal. nia [Mr. MILLER]. nication from the Speaker: The question was taken; and the The question was taken; and the WASHINGTON, DC, Speaker pro tempore announced that Speaker pro tempore announced that September 24, 1997. the ayes appeared to have it. the noes appeared to have it. I hereby designate the Honorable JOEL Mr. DOGGETT. Mr. Speaker, I object Mr. MILLER of California. Mr. EFLEY to the vote on the ground that a H to act as Speaker pro tempore on Speaker, I object to the vote on the this day. quorum is not present and make the ground that a quorum is not present NEWT GINGRICH, point of order that a quorum is not and make the point of order that a Speaker of the House of Representatives. present. f The SPEAKER pro tempore. Pursu- quorum is not present. The SPEAKER pro tempore. Evi- PRAYER ant to clause 5, rule I, further proceedings on this question will be postponed. dently a quorum is not present. Commissioner Robert A. Watson, na- The point of no quorum is considered The Sergeant at Arms will notify ab- tional commander, the Salvation withdrawn. sent Members. Army, Alexandria, VA, offered the fol- f The vote was taken by electronic de- lowing prayer: vice, and there were—yeas 59, nays 342, Let us all pray. Sovereign Lord, You PLEDGE OF ALLEGIANCE not voting 32, as follows: invite Your children to come to You in The SPEAKER pro tempore. Will the [Roll No. 426] prayer, so we do so just now in grati- gentlewoman from Connecticut [Ms. YEAS—59 tude and faith. DELAURO] come forward and lead the Allen Furse Miller (CA) You are the Creator, Preserver, and House in the Pledge of Allegiance. Andrews Gejdenson Mink Governor of all things. We acknowledge Ms. DELAURO led the Pledge of Alle- Barrett (WI) Gephardt Murtha and worship You today as ‘‘Wonderful, giance as follows: Becerra Goode Obey Berry Harman Olver Counselor, the Mighty God, the Ever- I pledge allegiance to the Flag of the Blumenauer Hoyer Owens lasting Father, the Prince of Peace.’’ United States of America, and to the Repub- Bonior Jefferson Pallone And when we address You as ‘‘Our Fa- lic for which it stands, one nation under God, Brown (OH) Johnson (WI) Pelosi ther,’’ we acknowledge that we are indivisible, with liberty and justice for all. Conyers Kaptur Sawyer f Coyne Kennelly Scott brothers and sisters. Help us to care for Davis (FL) Kilpatrick Slaughter each other and for those around us. MESSAGE FROM THE SENATE DeFazio Kind (WI) Spratt We thank You for the gifts of mind Delahunt Levin Strickland A message from the Senate by Ms. DeLauro Lewis (GA) Stupak and heart which the Members of this McDevitt, one of its clerks, announced Deutsch Lowey Tierney House bring to their awesome task. that the Senate had passed without Doggett Maloney (CT) Turner Farr Martinez Vento Grant them sensitivity to the needs of amendment a bill of the House of the the people they represent and the Fattah McDade Waxman following title: Fazio McDermott Wexler moral courage to stand for that which H.R. 111. An act to provide for the convey- Filner McNulty is right, honorable, and just. ance of a parcel of unused agricultural land NAYS—342 In Your holy name. Amen. in Dos Palos, California, to the Dos Palos Ag f Abercrombie Ballenger Bereuter Boosters for use as a farm school. Ackerman Barcia Berman THE JOURNAL f Aderholt Barr Bilbray Archer Barrett (NE) Bilirakis The SPEAKER pro tempore. The MOTION TO ADJOURN Armey Bartlett Bishop Chair has examined the Journal of the Mr. MILLER of California. Mr. Bachus Barton Blagojevich Baesler Bass Bliley last day’s proceedings and announces Speaker, I have a preferential motion Baker Bateman Blunt to the House his approval thereof. at the desk. Baldacci Bentsen Boehlert

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.

H7733 H7734 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Boehner Hayworth Oberstar Traficant Watkins White Hastings (WA) McIntyre Ryun Borski Hefley Ortiz Upton Watt (NC) Whitfield Hayworth McKeon Sanchez Boswell Herger Oxley Velazquez Watts (OK) Wicker Hefley McKinney Sanders Boucher Hill Packard Visclosky Weldon (FL) Wise Herger Meehan Sandlin Boyd Hilleary Pappas Walsh Weldon (PA) Wolf Hill Metcalf Saxton Brady Hilliard Parker Wamp Weller Wynn Hobson Mica Scarborough Brown (CA) Hinchey Pascrell Waters Weygand Hoekstra Millender- Schaefer, Dan Brown (FL) Hinojosa Pastor Scott NOT VOTING—32 Holden McDonald Bryant Hobson Paul Horn Miller (FL) Sensenbrenner Bunning Hoekstra Paxon Bonilla Gonzalez Riggs Houghton Minge Serrano Burton Holden Payne Bono Graham Schiff Hutchinson Mink Sessions Shadegg Buyer Hooley Pease Burr Granger Schumer Inglis Moakley Shaw Callahan Horn Peterson (MN) Crane Gutierrez Stokes Istook Mollohan Shays Calvert Houghton Peterson (PA) Crapo Hastings (FL) Thomas Jackson (IL) Moran (KS) Diaz-Balart Hefner Torres Sherman Camp Hulshof Petri Jackson-Lee Morella Dingell Hostettler Woolsey Shuster Campbell Hutchinson Pickering (TX) Murtha Doyle Hunter Yates Sisisky Canady Inglis Pickett Jefferson Myrick Foglietta Hyde Young (AK) Skaggs Cannon Istook Pitts Jenkins Nadler Forbes McCrery Young (FL) Skeen Capps Jackson (IL) Pombo John Neal Frank (MA) Moran (VA) Skelton Cardin Jackson-Lee Pomeroy Johnson (CT) Nethercutt Carson (TX) Porter Slaughter Johnson, E. B. Neumann Castle Jenkins Portman b 1023 Smith (MI) Johnson, Sam Ney Chabot John Poshard Smith (NJ) Jones Northup Chambliss Johnson (CT) Price (NC) Mr. ARCHER and Mr. CUMMINGS Smith (OR) Kanjorski Nussle Chenoweth Johnson, E. B. Pryce (OH) changed their vote from ‘‘yea’’ to Smith (TX) Kaptur Obey Christensen Johnson, Sam Quinn Smith, Adam ‘‘nay.’’ Kasich Ortiz Clay Jones Radanovich Smith, Linda So the motion to adjourn was re- Kelly Owens Clayton Kanjorski Rahall Snyder Kennedy (MA) Oxley Clement Kasich Ramstad jected. Solomon Kennedy (RI) Packard Clyburn Kelly Rangel The result of the vote was announced Spence Kildee Pallone Coble Kennedy (MA) Redmond Spratt as above recorded. Kim Pappas Stabenow Coburn Kennedy (RI) Regula Stark Collins Kildee Reyes f Kind (WI) Parker Stokes Combest Kim Riley King (NY) Pascrell Stump Condit King (NY) Rivers THE JOURNAL Kleczka Pastor Sununu Cook Kingston Rodriguez Klink Paul Talent Cooksey Kleczka Roemer The SPEAKER pro tempore (Mr. Klug Paxon Tanner Costello Klink Rogan HEFLEY). Pursuant to clause 5 of rule I, Knollenberg Payne Tauscher Cox Klug Rogers Kolbe Pease the pending business is the question of Tauzin Cramer Knollenberg Rohrabacher LaHood Pelosi the Speaker’s approval of the Journal Taylor (NC) Cubin Kolbe Ros-Lehtinen Lampson Peterson (MN) Thomas Kucinich of the last day’s proceedings. Lantos Petri Cummings Rothman Thornberry Cunningham LaFalce Roukema The question was taken; and on a di- Largent Pickering Latham Pitts Thurman Danner LaHood Roybal-Allard vision (demanded by Mr. DOGGETT) LaTourette Pomeroy Tiahrt Davis (IL) Lampson Royce there were—yeas 157, nays 70. Tierney Davis (VA) Lantos Rush Lazio Porter Leach Portman Towns Deal Largent Ryun RECORDED VOTE Traficant Levin Price (NC) DeGette Latham Sabo Mr. FAZIO of California. Mr. Speak- Turner Lewis (CA) Pryce (OH) DeLay LaTourette Salmon Upton er, I demand a recorded vote. Lewis (KY) Quinn Dellums Lazio Sanchez Velazquez Linder Radanovich Dickey Leach Sanders A recorded vote was ordered. Walsh Lipinski Rahall Dicks Lewis (CA) Sandlin The vote was taken by electronic de- Wamp Dixon Lewis (KY) Sanford vice, and there were—ayes 324, noes 81, Livingston Rangel Watkins Dooley Linder Saxton Lofgren Redmond not voting 28, as follows: Watt (NC) Doolittle Lipinski Scarborough Lowey Regula Watts (OK) Dreier Livingston Schaefer, Dan [Roll No. 427] Lucas Reyes Waxman Duncan LoBiondo Schaffer, Bob Luther Riley AYES—324 Weldon (FL) Dunn Lofgren Sensenbrenner Maloney (CT) Rivers Weldon (PA) Edwards Lucas Serrano Allen Canady Duncan Manton Rodriguez Wexler Ehlers Luther Sessions Andrews Cannon Dunn Manzullo Roemer Weygand Ehrlich Maloney (NY) Shadegg Archer Capps Edwards Markey Rogan White Emerson Manton Shaw Bachus Cardin Ehlers Mascara Rogers Wicker Engel Manzullo Shays Baesler Carson Ehrlich Matsui Rohrabacher Wise English Markey Sherman Baker Castle Emerson McCarthy (MO) Ros-Lehtinen Woolsey Ensign Mascara Shimkus Baldacci Chabot Engel McCollum Rothman Wynn Eshoo Matsui Shuster Ballenger Chambliss Eshoo McDade Roukema Yates Etheridge McCarthy (MO) Sisisky Barcia Christensen Etheridge McHale Roybal-Allard Evans McCarthy (NY) Skaggs Barr Clement Everett McHugh Royce Everett McCollum Skeen Barrett (NE) Coble Ewing McInnis Rush Ewing McGovern Skelton Bartlett Coburn Farr Fawell McHale Smith (MI) Barton Combest Fattah NOES—81 Flake McHugh Smith (NJ) Bass Condit Fawell Foley McInnis Smith (OR) Bateman Cook Flake Abercrombie Gordon Norwood Ford McIntosh Smith (TX) Bereuter Cooksey Foley Ackerman Gutierrez Oberstar Fowler McIntyre Smith, Adam Berman Cox Ford Aderholt Gutknecht Olver Fox McKeon Smith, Linda Berry Coyne Fowler Barrett (WI) Hilleary Pickett Franks (NJ) McKinney Snowbarger Bilbray Cramer Franks (NJ) Becerra Hilliard Pombo Frelinghuysen Meehan Snyder Bilirakis Crapo Frelinghuysen Bentsen Hinchey Poshard Frost Meek Solomon Bishop Cubin Frost Borski Hinojosa Ramstad Gallegly Menendez Souder Blagojevich Cummings Gallegly Brown (CA) Hooley Sabo Ganske Metcalf Spence Bliley Cunningham Ganske Brown (FL) Hulshof Salmon Gekas Mica Stabenow Blumenauer Danner Gejdenson Brown (OH) Johnson (WI) Sanford Gibbons Millender- Stark Blunt Davis (FL) Gekas Clay Kennelly Sawyer Gilchrest McDonald Stearns Boehlert Davis (IL) Gilchrest Clayton Kilpatrick Schaffer, Bob Gillmor Miller (FL) Stenholm Boehner Davis (VA) Gilman Clyburn Kingston Shimkus Gilman Minge Stump Bono Deal Goode Costello Kucinich Snowbarger Goodlatte Moakley Sununu Boswell DeGette Goodlatte DeFazio LaFalce Souder Goodling Mollohan Talent Boucher Delahunt Goodling DeLauro Lewis (GA) Stearns Gordon Moran (KS) Tanner Boyd DeLay Goss Doggett LoBiondo Stenholm Goss Morella Tauscher Brady Dellums Graham English Maloney (NY) Strickland Green Myrick Tauzin Bryant Deutsch Granger Ensign Martinez Stupak Greenwood Nadler Taylor (MS) Bunning Dickey Green Evans McCarthy (NY) Taylor (MS) Gutknecht Neal Taylor (NC) Burr Dicks Greenwood Fazio McDermott Thompson Hall (OH) Nethercutt Thompson Burton Dingell Hall (OH) Filner McGovern Thune Hall (TX) Neumann Thornberry Buyer Dixon Hall (TX) Fox McIntosh Vento Hamilton Ney Thune Callahan Dooley Hamilton Furse McNulty Visclosky Hansen Northup Thurman Calvert Doolittle Hansen Gephardt Meek Waters Hastert Norwood Tiahrt Camp Doyle Harman Gibbons Menendez Weller Hastings (WA) Nussle Towns Campbell Dreier Hastert Gillmor Miller (CA) Wolf September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7735 NOT VOTING—28 WE DO NOT NEED CAMPAIGN not scheduled an opportunity for the Armey Frank (MA) Peterson (PA) FINANCE REFORM House to debate and vote upon cam- Bonilla Gonzalez Riggs (Mr. SAM JOHNSON of Texas asked paign finance reform, my inquiry is, Bonior Hastings (FL) Schiff why are we recessing tonight between 3 Chenoweth Hefner Schumer and was given permission to address Collins Hostettler Torres the House for 1 minute and to revise and 6 p.m. and then coming back for Conyers Hoyer Whitfield votes which will run later on into the Crane Hunter Young (AK) and extend his remarks.) Mr. SAM JOHNSON of Texas. Mr. evening? Diaz-Balart Hyde Young (FL) The SPEAKER pro tempore. The Foglietta McCrery Speaker, it is impossible for me to be- Chair cannot respond to that. That is Forbes Moran (VA) lieve the hypocrisy coming from the not a parliamentary inquiry. b 1043 White House on campaign finance reform and the way we have been treated f So the Journal was approved. on this floor. We just wasted 45 min- TAX PACKAGE REINFORCES The result of the vote was announced utes. COMMITMENT TO EDUCATION as above recorded. Just days after Attorney General (Mr. NEUMANN asked and was given f Janet Reno started a 30-day investiga- permission to address the House for 1 tion into Clinton and GORE’s fund-rais- minute and to revise and extend his re- PERSONAL EXPLANATION ing practices, he has the audacity to marks.) Mrs. LOWEY. Mr. Speaker, I missed threaten to call Congress back into ses- Mr. NEUMANN. Mr. Speaker, back rollcall 419 through 425 because of the sion if we adjourn without at least de- when I was growing up, my daddy birth of a beautiful new grandson, Dan- bating campaign finance reform. taught me how to read a map; and the iel Henry Luttway. Had I been present, I feel compelled to point out that we first thing he taught me is I had to I would have been delighted to vote do not need campaign finance reform, know where I was before I could decide ‘‘aye.’’ we need elected officials who will fol- how I was going to get to where I was The SPEAKER pro tempore (Mr. low the current law. If we enforce the going to. laws, such as no foreign contributions, When we talk about campaign fi- HEFLEY). Please receive the congratulations of the House. we would not need an independent nance reform, I think the first thing we counsel to tell us that President Clin- ought to do is make sure that the laws f ton and Vice President GORE broke the that are currently on the books are law, plain and simple. being enforced and understood by the PERSONAL EXPLANATION Mr. Speaker, the President should be people. So before we can figure out Mrs. CHENOWETH. Mr. Speaker, earlier using that phone in the White House to what needs to be changed, somebody today I was unavoidably detained and missed do his job, not line his pockets. ought to make sure that the laws that rollcall vote 427. Had I been here, I would f are already on the books are being en- have voted ``yea.'' forced. CAMPAIGN FINANCE REFORM And in fact, that is what is going on f (Mr. DOGGETT asked and was given right now. But the other side does not care to talk about that, because, of IN APPRECIATION OF COMMIS- permission to address the House for 1 course, there have been some viola- SIONER ROBERT A. WATSON minute.) Mr. DOGGETT. Mr. Speaker, a mean- tions down the street on Pennsylvania (Mr. JONES asked and was given per- ingful reform of the way Federal cam- Avenue as it comes to that. mission to address the House for 1 paigns are conducted has been ob- So I think, just like my daddy taught minute.) structed by one Republican roadblock me when I was growing up, we need to Mr. JONES. Mr. Speaker, I would after another. know where we are at first so that we like to extend my appreciation to Com- Yesterday, half of the route was should spend enough time making sure missioner Robert A. Watson for his cleared. It did take a letter from the that those laws are being enforced. words and wisdom as he opened the I really rose this morning to rein- President saying he would convene a House of Representatives in prayer this force how important education is to special session to deal with this issue if morning. our side of the aisle and how it is re- necessary. It took the leadership of the Commissioner Watson was born in flected in the tax cut package. As a minority leader to say that no commit- eastern North Carolina. He has made former math teacher and a father of tees would meet. And yet, the reform is invaluable contributions to our soci- three, two in college, and one in high proceeding in half this Capitol building ety. He has led a lifetime of service to school, I would just like to point out in Washington. Outside the people’s his community and to his fellow man how the tax cut package reinforces our House, there is a giant ‘‘yield right of throughout the world. commitment to education. From the way sign.’’ It says ‘‘yield right of way Commissioner Watson and his wife, $500 per child education savings ac- to the arrogance of a Republican lead- Alice, have served together as officers count opportunity for parents who ership that will not schedule 1 minute in the Salvation Army for more than 40 want to save for their children growing of debate on this issue.’’ It is a giant years. Since November 1995, they have up, they can put $500 a year per child ‘‘yield right of way sign’’ to the special served as the organization’s national into a savings account. That money ac- interests who keep dumping in more leaders for the United States. The Wat- cumulates tax free for their children and more soft money to soften up this sons’ selfless work in both the Salva- when they need the education. Republican leadership. tion Army and many other charitable Well, today we are escalating the ac- f organizations has helped countless in- tion for reform and demanding that LORETTA SANCHEZ ELECTION dividuals worldwide. this issue be considered not only in the Commissioner Watson is an outstand- (Mr. MENENDEZ asked and was Senate, but here in the House, so that ing American, an invaluable asset to given permission to address the House there can be genuine bipartisan reform our society, and a true man of God. I for 1 minute and to revise and extend to address this arrogance. thank him for his words this morning, his remarks.) for his inspiration, and for all that he f Mr. MENENDEZ. Mr. Speaker, 10 does to make our world a better place. months ago the people of the 46th Dis- PARLIAMENTARY INQUIRY trict of California spoke. They decided f Mr. HINCHEY. Mr. Speaker, par- to elect the gentlewoman from Califor- liamentary inquiry. nia [Ms. SANCHEZ] as their Representa- ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. The gen- tive in Congress, an election certified PRO TEMPORE tleman will state his parliamentary in- by the Republican California Secretary The SPEAKER pro tempore. The quiry. of State. Chair will entertain fifteen 1-minutes Mr. HINCHEY. Mr. Speaker, since Mr. Dornan and some Republicans do on each side. the majority party in this House has not like that. But in our system, they H7736 CONGRESSIONAL RECORD — HOUSE September 24, 1997 are not the ones that get to make that Mr. TRAFICANT. Mr. Speaker, White leagues this morning. It is amazing to decision. The only people who get to House economists say the economy is me that they are still trying to ob- make that decision are the people of breaking all records. The proof is struct campaign finance reform. California’s 46th District. Americans are spending, spending, Clearly, the time has come today for Questions are not enough to overturn spending. the House Republican leadership to the election. Allegations are not Let us check out the records. Credit bring up campaign finance reform for a enough. Innuendo is not enough. Confu- card debt is at a record high, $2 tril- vote on the floor. We know the Senate sion is not enough. But for 10 months, lion. Individual bankruptcies are at a is doing it. Mr. LOTT has said that he is that is all we have gotten. Several hun- record high, record high; and they are going to bring it up. The President has dred thousand taxpayer dollars have up a record 27 percent again this year. sent a letter saying he will have a spe- been used for a witch hunt to go Evidently, God made weathermen to cial session if necessary. through INS records and question the make White House economists look But so far there is only silence by the legality of voters simply on the basis of good, Mr. Speaker. The truth is, the Speaker and the House Republican having an Hispanic surname. reason America is spending, spending, leadership on the issue. They suggest it Should Hispanic-Americans assume spending is because Americans are boris for the future and certainly not for that they will first be considered ille- rowing, borrowing, and borrowing. The this session of Congress, and this has to gal voters until they can disprove it? Is truth is, these White House economists change because the American people the assumption that all Hispanic vot- are so dumb they could fall out of bed are demanding reform. ers must have voted for the gentle- and miss the floor. There is simply too much money in woman from California [Ms. SANCHEZ]? I accuse them all of inhaling over the system. The average American does The Los Angeles Times reported there, No. 1. And No. 2, they have be- not feel that he or she matters any- Tuesday that almost halfway to the come spastic over plastic in this econ- more because wealthy individuals and next election there is, and I quote, ‘‘no omy. I yield back all the lost jobs that corporations have all the influence. evidence that Sanchez benefited from are good paying. I yield back all the Mr. Speaker, bring up campaign fi- fraudulent votes.’’ The L.A. Times is record debt. And I yield back all the nance reform for a vote on the House right, what we have is not evidence, it record bankruptcies. floor. We can move on bipartisan re- is an assault on every Hispanic-Amer- f form legislation. The American people ican. demand it, and we should move on it f KYOTO NEGOTIATIONS immediately. END RELIGIOUS PERSECUTION (Mr. KNOLLENBERG asked and was WORLDWIDE given permission to address the House f for 1 minute and to revise and extend (Mr. PITTS asked and was given per- his remarks.) mission to address the House for 1 SCHOLARSHIPS AND TAX-FREE Mr. KNOLLENBERG. Mr. Speaker, as minute and to revise and extend his re- EDUCATION ACCOUNTS FOR the Kyoto negotiations on global marks.) CHILDREN warming draw near, millions of Ameri- Mr. PITTS. Mr. Speaker, I urge all (Mr. ROGAN asked and was given Americans and, in particular, every cans’ jobs are on the chopping block. permission to address the House for 1 Member of Congress to join in recogniz- The Clinton administration seems to minute and to revise and extend his re- ing the International Day of Prayer be willing to sign on to an agreement marks.) this coming Sunday for those per- that places the entire burden of reduc- Mr. ROGAN. Mr. Speaker, I was secuted for their faith around the ing carbon emissions on the industri- raised by a mom who was a single mom world. alized nations. Our country was founded on the prin- In fact, the current language of the with four children on welfare and food ciples of inalienable rights. Central treaty exempts 132 of the world’s 166 stamps. And the only reason I have had among them was the right to choose nations. Why is that troubling? Be- the privilege of coming from that back- and practice one’s faith in God. Today, cause the nations exempt from this ground and now serving in the Con- thousands around the globe still must U.N. treaty currently produce 50 per- gress of the United States is because flee their home countries because of se- cent, one-half, of carbon emissions and my mother loved her children enough vere persecution for practicing their will account for 75 percent of such to make sure that they got the best beliefs. emissions over the next century. education possible. Many international human rights Therefore, this treaty would provide It is absolutely hypocritical for peo- agencies report that in the 1990’s severe almost no benefit at all, but the eco- ple to believe that poor children’s religious persecution continues at an nomic impact on the United States mothers do not care about them intolerable rate. In China and Vietnam, would be devastating. Placing the en- enough to get a good education for pastors have frequently been arrested tire burden on complying with this them. And nowhere is that more evi- and beaten. In Mexico, believers have treaty on countries like the United dent than here in the District of Co- been murdered by mobs. In Egypt and States could turn the Third World into lumbia, where thousands of children Pakistan, young women have been an enterprise zone and create a giant are condemned to ill-performing raped and beaten. In China, churches sucking sound of American jobs going schools. Their parents want the same have been bulldozed. In Saudi Arabia, overseas. chance for their children that my Christians have been tortured. In the Mr. Speaker, during the Kyoto nego- mother wanted for her children. We Re- Sudan, children have been forced to tiations, the Clinton administration publicans are trying to give that to convert to Islam in order to receive must protect American workers, de- them. food rations. All this because of their mand fairness, and reject any treaty We have two proposals. First, oppor- faith in God. that places the entire burden of reduc- tunity scholarships for 2,000 of the We who live in freedom cannot be ing carbon emissions on the United poorest children in the city of the Dis- idle spectators to such widespread in- States and on the other industrialized trict of Columbia. The second would be justice. I urge all Members to join in nations. Anything less would be like a proposal that would allow parents the work to end religious persecution giving jobs away. tax-free education accounts. worldwide. f Today I read in the Los Angeles f Times that the Secretary of Education AMERICAN PEOPLE DEMAND is calling this a fad and urging the AMERICANS ARE SPENDING, CAMPAIGN FINANCE REFORM President to veto this proposal. That is SPENDING, SPENDING (Mr. PALLONE asked and was given a terrible mistake. I urge the Secretary (Mr. TRAFICANT asked and was permission to address the House for 1 to reconsider. These people want good given permission to address the House minute.) educations for their children, and we for 1 minute and to revise and extend Mr. PALLONE. Mr. Speaker, I have have an obligation to make sure they his remarks.) been listening to my Republican col- get them. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7737 CAMPAIGN FINANCE REFORM this country, so-called folks in the there are forces here in Congress who (Ms. DELAURO asked and was given know counted me out. And in the 46th would undermine that commitment. permission to address the House for 1 District of California the same thing Programs like the Safe and Drug-Free minute.) happened. Nobody gave LORETTA Schools Act, which provides local Ms. DELAURO. Mr. Speaker, since SANCHEZ a chance of beating the infa- school districts with security guards, the very first day of this Congress, mous Bob Dornan. But she won in an installs metal detectors and teaches Democrats have been urging our Re- election fair and square. But stung by children about the dangers of drugs and publican colleagues to take action on the fact that he lost to a woman, he gangs are in jeopardy. If the Gorton campaign finance reform. Democrats has not given up the fight. One would amendment passes, not a single Fed- believe that we need to stop the flow of think he would just declare his inten- eral dollar would be guaranteed to fund money into politics, and we have used tion to run in the next election, but no, that program. every single procedure at our disposal not this Bob Dornan. And no, not this Mr. Speaker, college is not for every- to attempt to force a vote on this Republican Party. They have con- one. The School To Work Program is issue. ducted a well-organized witch-hunt designed to help students make the But despite his famous handshake that is insulting to America’s values. transition from high school to work. If with President Clinton 2 years ago, the They have targeted every Hispanic the Gorton amendment passes, not a gentleman from Georgia [Mr. GINGRICH] voter as if they did not have the right single Federal dollar would be guaran- has thus far refused to act on the issue, to vote. And the Republican leadership teed to help students make that transi- refused to schedule a hearing, refused has sided with Dornan over the people tion. to schedule debate. He has refused to of the 46th District. Could it be that More than ever, as we approach the schedule a vote on campaign finance they think that Hispanic voters do not 21st century, our children rely on com- reform. count? puters to prepare them for the high- Mr. Speaker, Democrats believe and The Republicans would have us be- tech world. If the Gorton amendment the American people believe that our lieve that they have changed, that they passes, not a single Federal dollar political system is broken and that it have mellowed. Unless they stop the would be there to help them have com- needs fixing. The Republican leader of race baiting now, they will prove them- puters and technology in their class- the other body finally caved in to selves to be what we always suspected rooms. Democratic pressure and has promised all along. We must not allow this to happen. to vote on campaign finance reform. f Let us make our schools safe and drug- free, let us give our high school grad- Mr. Speaker, I ask, ‘‘Where is our NATIONAL CONGRESSIONAL TEST vote in the House of Representatives, uates employment options, and let us (Mr. KINGSTON asked and was given in the people’s House?’’ oppose the Gorton amendment and re- permission to address the House for 1 double our efforts to public education. f minute and to revise and extend his re- f b 1100 marks.) Mr. KINGSTON. Mr. Speaker, there EDUCATION POLICY FROM A OHIO ENERGY COMPANY SHOWS is a lot of talk about national testing, REPUBLICAN STANDPOINT LEADERSHIP IN QUEST FOR so I designed one for Congress. Multiple (Mr. PAPPAS asked and was given CLEAN AIR choice. If a Federal official raises permission to address the House for 1 (Mr. CHABOT asked and was given money from a taxpayer-funded office, minute.) permission to address the House for 1 he is: Mr. PAPPAS. Mr. Speaker, I was minute.) A. Breaking the law. home in my district this past weekend Mr. CHABOT. Mr. Speaker, I just B. OK if it is soft money. and was introduced to someone by a want to take a moment to pay my C. OK if he does not remember doing friend. The person I met with told me compliments to a Cincinnati firm that it. something that I found very troubling. is moving full speed ahead in an effort Number 2. A Buddhist temple is: She told me, ‘‘Hi, I’m a strong conserv- to bring cleaner air to southern Ohio A. A place of worship. ative and an enthusiastic supporter of and to the surrounding region. Cinergy B. A great spot for a fund-raiser. the Republican Party, but I’m also Corp. announced yesterday that it will C. I do not recall. I never went to very pro-education.’’ voluntarily reduce nitrogen oxide one. I never heard of it. Anyway, it was ‘‘But?’’ I said. emissions from its plants by two-thirds not a fund-raiser. She said that she had to admit that from 1990 levels. The company will also True or false/Definitions. If you were she was very upset by all the things she conduct a demonstration of advanced subpoenaed by the Thompson commit- had heard about us cutting education. technology at its plant in North Bend, tee, DNC stands for ‘‘did not come.’’ Then I had to admit that I was very OH, converting nitrogen oxide into If you were a major TV network dur- troubled to hear her say this. harmless nitrogen gas and water. If ing the Thompson hearings, DNC Mr. Speaker, it is Republicans who successful, the technology could reduce stands for ‘‘did not cover.’’ believe that education is primarily a nitrogen oxide emissions at the plant If you are the Vice President, DNC task that is best handled by local by 30 to 40 percent. stands for ‘‘did not call.’’ school boards and not by the Federal Mr. Speaker, Cinergy’s leadership in If you are a foreign national, DNC Government. It is Republicans who be- the ongoing battle for a cleaner envi- stands for ‘‘did not contribute.’’ lieve that parents should have the ronment in the Ohio-Kentucky-Indiana Finally, Discussion Questions. What most control over their children’s edu- region will hopefully encourage others is the difference between ‘‘Find Waldo’’ cation, not bureaucrats in Washington, in the energy-producing field to take and John Huang? D.C. We must continue to stand up to similar positive steps on their own. I Answer: You can eventually find the liberals who want to federalize edu- congratulate Cinergy, and I wish all of Waldo. cation and bring Washington, D.C. into those involved in this critical environ- f curriculum decisions that are best mental project the best of luck. made by those in the local community, OPPOSE GORTON AMENDMENT IN f school boards, teachers, and parents. INTEREST OF PUBLIC EDUCATION f LET ELECTION IN 46TH DISTRICT (Mr. BLAGOJEVICH asked and was OF CALIFORNIA STAND given permission to address the House CAMPAIGN FINANCE REFORM (Ms. MCKINNEY asked and was given for 1 minute and to revise and extend TRAILS HANDSHAKES permission to address the House for 1 his remarks.) (Mr. SNYDER asked and was given minute.) Mr. BLAGOJEVICH. Mr. Speaker, permission to address the House for 1 Ms. MCKINNEY. Mr. Speaker, I know Abraham Lincoln said that the most minute.) a little something about snatching vic- important commitment we as a people Mr. SNYDER. Mr. Speaker, in June tory from the jaws of defeat. All over can make is to public education. Yet 1995, the President and Speaker of the H7738 CONGRESSIONAL RECORD — HOUSE September 24, 1997 House made a commitment to cam- in the country, perhaps including my- the children of Puerto Ricans if com- paign finance reform in this country. self, participated on election day in monwealth is chosen. It threatens the Since that time, there have been ap- some fraud to get LORETTA elected. Puerto Rican people with the loss of proximately 85 bills introduced in this It is time that Americans realize Federal benefits if they reject state- session of Congress showing great in- that this is their way of not dealing hood. It denies Puerto Ricans on the terest in that topic. What has happened with the truth. Self-denial is a very mainland in the United States the since that time? How many hearings pitiful state to be in, and that is what right to participate in this vital proc- have we had? None. How many cam- Republicans find themselves in. Ameri- ess. It neglects our distinct Puerto paign finance reform bills have passed? cans do not like it. Hispanics like it Rican history as a people and a nation. None. Where does that leave the score even less. It is time that Republicans It abandons the idea of democracy and right now, Mr. Speaker, at the end of got it through their right-wing, reac- embraces the imposition of the will of the baseball season? It leaves the score tionary minds that this is not going to the few on the hopes and dreams of the currently handshakes one, campaign fi- work. It is not going to work. LORETTA many. I urge my colleagues to stand nance reform nothing. won fair and square, and it is time to with the majority of the Puerto Rican The President has stated his commit- let her go on with this work in this people and oppose H.R. 856. ment to campaign finance reform. The House and stop harassing Hispanics f Republican leadership in this House throughout this country. CENSUS SAMPLING needs to get on board and lead the f American people, because currently, (Mr. GIBBONS asked and was given GET BACK TO BASICS IN under current law, if we do not change permission to address the House for 1 EDUCATION it, you may make a legal donation to minute and to revise and extend his re- the party of your choice in this (Mr. TIAHRT asked and was given marks.) amount. I do not know what this num- permission to address the House for 1 Mr. GIBBONS. Mr. Speaker, today ber is, but I think it is big. minute.) this House will begin to address the f Mr. TIAHRT. Mr. Speaker, some- year 2000 census and the adverse effect where in the education debate, we have of sampling. Sampling is not about pol- RELIGIOUS FREEDOM WEEK lost the reason we send our children to itics. It is about the Constitution. The (Mr. ADERHOLT asked and was school. If we ask parents, they want Constitution clearly states that the ac- given permission to address the House their kids to capture the ability to tual enumeration shall be made within for 1 minute.) learn, something their children can 3 years after the first meeting of Con- Mr. ADERHOLT. Mr. Speaker, in take with them into higher education gress within every 10 years in such September 1789, Congress proposed and or into the work environment so that manner as Congress shall by law direct. sent to the States for ratification the they can pursue the American dream. Further, title 13 of the U.S. Code au- 10 constitutional amendments known But the parents’ wishes are ignored. In- thorizes sampling except for the deter- as the Bill of Rights. This morning I stead the debate is about national edu- mination of population for purposes of join my colleagues in celebrating Reli- cation standards that measure how apportionment of Representatives in gious Freedom Week, designated as much paper teachers can produce and Congress shall be allowed. This excep- such by Congress and by Presidential how much money we can spend, not tion was enacted because when deter- proclamation in 1988 by President Ron- how well our children are learning. mining congressional districts, guess- ald Reagan. This Nation is blessed with many ing is just not good enough. The first amendment guards Ameri- wonderful teachers, but they have been Nowhere in this country is the case cans from persecution by protecting betrayed. In most school systems, less against sampling any clearer than in our right to expression, protecting our than half the money actually makes its my home State of Nevada. Nevada has words, both secular and religious, way into the classroom. The teachers only two Representatives in Congress, whether spoken, written or sung. Free- are diverted from scholastics to social and it has nearly 2 million people. Ne- dom comes at a price, however. The engineering, and the paperwork de- vada is the fastest growing State in the gospel, the words of Jesus Christ, cost manded by the education bureaucracy Nation. This sampling could greatly him his life. Those who signed the Dec- steals teaching time. Education is underestimate our State’s growing pop- laration of Independence knew it could about learning, discipline, respect for ulation, costing Nevada residents their be their death sentence. authority, and scholastics. Let us get constitutional right of representation. The freedoms we enjoy today as back to the basics in education. f Americans are a precious gift of the f CALIFORNIA ELECTION AN ABUSE generations who have gone before us. AGAINST H.R. 856, PUERTO RICO OF DISCRETION Religious Freedom Week is a great op- STATEHOOD BILL portunity to express thanks for that (Ms. JACKSON-LEE of Texas asked gift and to celebrate the profound fore- (Mr. GUTIERREZ asked and was and was given permission to address sight that was given our Founding Fa- given permission to address the House the House for 1 minute and to revise thers in protecting the free exercise of for 1 minute.) and extend her remarks.) religion. Mr. GUTIERREZ. Mr. Speaker, I rise Ms. JACKSON-LEE of Texas. Mr. f to oppose H.R. 856, the Puerto Rico Speaker, I am not sure how Bob Dor- statehood bill. Supporters want us to nan appreciates the precious right to REPUBLICANS CAUGHT IN CON- believe the goal of H.R. 856 is to give vote, but Americans understand how TRADICTION IN DISPUTED ELEC- Puerto Ricans a fair opportunity to de- precious it is to exercise our rights to TION cide their future relationship with the vote in this Nation. I would ask on be- (Mr. SERRANO asked and was given United States. Sadly, the only goal of half of the American people, let Con- permission to address the House for 1 H.R. 856 is to bring statehood to Puerto gresswoman LORETTA SANCHEZ do the minute.) Rico, despite the clear and consistent job that she was duly elected to do. No Mr. SERRANO. Mr. Speaker, once opposition of the majority of Puerto proof, no truth, no justice; only abuse again we find the Republicans caught Ricans. of Hispanic voters and horrible immi- in a very big contradiction. On one I want to be an enthusiastic sup- grant terrorizing, reminding me of the hand they put out feelers to the His- porter of a true process of self-deter- Republican poll watchers who went panic community saying, ‘‘Come into mination. That is why I am adamantly into the deep South and watched black the party, join us, we want to serve opposed to any efforts to force state- voters and intimidated them from vot- you, we want to help you.’’ On the hood on Puerto Ricans. This flawed bill ing. other hand they launch the unprece- distorts the definition of ‘‘common- That is right, Mr. Speaker. The proc- dented attack on LORETTA SANCHEZ and wealth,’’ the favored status of the plu- ess of determining the election of Con- Hispanics throughout the Nation, rality of the Puerto Rican people, gresswoman LORETTA SANCHEZ is an somehow insisting that every Hispanic threatening to deny U.S. citizenship to abuse of discretion. No fraud has been September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7739 found, only a Republican runaway com- leadership on the Republican side will going to sit here and look at that con- mittee and a runaway Congress. allege that there were too many ques- tains a poison pill. A poison pill is The voters of California’s 46th Con- tionable votes in the 984-vote victory of something that is going to place one gressional District have spoken. These the gentlewoman from California. party at a distinct disadvantage of an- voters want you to stop harassing His- Who was the target of this so-called other party. That is why I am proud of panic surnames and Hispanic citizens questionable voting campaign? His- the product that I and other Members and those who want to vote and those panics. Who was the target of the har- of the freshman bipartisan task force who will have justice and truth. Repub- assment in this investigation? Hispanic on finance reform have produced and licans, stop the abuse of Americans and voters. have introduced. It is a commonsense our Hispanic citizens. It is the people of America who vote approach that gets rid of the biggest of f people into office; it is the people of the big money, a soft money ban, re- America who vote people out. It is not quires greater identification of groups CALIFORNIA ELECTION AND witch hunts that are paid for and fi- trying to influence the outcome of EDUCATION nanced by taxpayers at the expense of elections, requiring greater disclosure (Mr. GRAHAM asked and was given those people who vote and do so. Bob of candidates and where the money permission to address the House for 1 Dornan does not have the right to do sources are coming from, but we need minute.) this at taxpayer expense. to schedule this now: An honest debate, Mr. GRAHAM. Mr. Speaker, as to Mr. f a bill that is receiving bipartisan support, something that us freshmen have Dornan’s case, I believe the procedures DEMOCRATS SHRED EVIDENCE, produced together, working in a way that the House has to review elections THEN ACT OUTRAGED ABOUT that can receive support on both sides are being followed. It is a question of ‘‘THE SYSTEM’’ how many ineligible, illegal people of the aisle. voted. That is something we should (Mrs. LINDA SMITH of Washington The time to get to work is now. take up, and I am confident that as a asked and was given permission to ad- f body we will do a good job of doing dress the House for 1 minute.) WE DO NOT NEED NEW LAWS ON that when the time comes. Mrs. LINDA SMITH of Washington. CHEATING Education. A lot has been said about Mr. Speaker, sometimes we just have education. Apparently there is a great to sit back and admire the Democrats (Mr. MCINNIS asked and was given confrontation about the Nation. The for their breathtaking audacity. Demo- permission to address the House for 1 President said he would veto the crats have found themselves caught minute and to revise and extend his re- Labor-HHS bill if we do not agree to red-handed in more than one sense tak- marks.) national testing. Mr. President, you ing money from foreign sources. Let us Mr. MCINNIS. Mr. Speaker, well, it is just do that. If you want to federalize make it very clear that is illegal. That pretty clear somebody has been cheat- education, we will have a fight. It is a is why the Democrat Party has already ing out there. We do not need new laws, fight long overdue. returned millions of dollars in con- we already have laws against illegal Your agenda has been since day one tributions from foreign sources. Of campaign contributions. And let me re- to take everything local and make it course that is after they used the mind those colleagues of mine who national. National testing is a $39 mil- money to help the President get re- have been up here talking moment lion farce, 90 to $100 million to imple- elected. after moment about campaign cheat- ment the test in 1999. It is truly a local So now they feel qualified to tell the ing, look at the headlines on this function being done in abundance. We American people how to do it and that morning’s paper, and let me read it: need to stop testing children. We know they are the party that would be expert ‘‘Democratic National Committee the problems. We need to start educat- in raising money. Well, would that still Teamsters Traded Funds.’’ ing children. If he wants to veto the be from foreign sources? Maybe they It reminds me in high school when bill and shut the Government down to think that under a better system, a one of my classmates got caught cheat- federalize education, I think that is a system that does not force them to ing. The first thing he told the teacher debate that is long overdue, and I break the law, it should be OK to raise was everybody was. ‘‘Well, everybody is await that day. money for political campaigns from cheating.’’ Well, not everybody was Communist China, launder that money cheating; he was the only one in that f to conceal its source, shred evidence to classroom that was cheating. Then his b 1115 conceal the criminal behavior and then next excuse to get out of trouble for act outraged about the system. cheating was, ‘‘Well, you know you BOB DORNAN’S TAXPAYER- Or maybe they just want to change need to make new rules, Mr. Teacher. FINANCED WITCH HUNT the subject. You need to make new rules about (Mr. BECERRA asked and was given f cheating. And therefore let me off the permission to address the House for 1 hook.’’ FRESHMEN BIPARTISAN TASK minute and to revise and extend his re- Mr. Speaker, I will be one of the first FORCE ON FINANCE REFORM marks.) to stand up and say we should not have HAS PRODUCED A COMMON Mr. BECERRA. Mr. Speaker, now al- cheating. That is exactly what the SENSE APPROACH most 1 year and a half a million dollars Democratic National Committee is later neutral observers are saying what (Mr. KIND asked and was given per- doing. We have campaign laws in ef- everyone in this House has been saying mission to address the House for 1 fect, we have an Attorney General that for the longest of times. The people of minute and to revise and extend his re- should investigate those, should ap- the 46th Congressional District in Cali- marks.) point an independent investigator, and fornia voted Bob Dornan out of office, Mr. KIND. Mr. Speaker, we are now we have a Democratic National Com- and they voted the gentlewoman from in day 83, 83 days after July 4, the day mittee that should step forward imme- California [Ms. SANCHEZ] in. Yet the that the President asked this body to diately and let the American public Republican leadership continues to enact campaign finance reform. know the scenario and the scheme they waste taxpayer dollars funding Bob I do not know what we are so con- have got going with the Teamsters. Dornan’s election witch hunt against cerned about, what we are so afraid of f the gentlewoman from California [Ms. on this side of the congressional House. SANCHEZ] and his customary tirades. The Senate is starting to make some CALLING ON THE SPEAKER TO Now we hear that the Republican lead- movement; I think it is time for us in SCHEDULE A VOTE ON CAM- ership has a scheme to reject the vote the House of Representatives to do the PAIGN FINANCE REFORM TODAY of the people of the 46th Congressional same. (Mr. LEWIS of Georgia asked and was District and to take away the job that But I do not want to have a false de- given permission to address the House the gentlewoman from California [Ms. bate or a false bill come before this for 1 minute and to revise and extend SANCHEZ] earned from the voters. The floor. I do not want a bill that we are his remarks.) H7740 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Mr. LEWIS of Georgia. Mr. Speaker, MOTION OFFERED BY MR. DOGGETT Ryun Smith (TX) Traficant the American people continue to wait Mr. DOGGETT. Mr. Speaker, I move Salmon Smith, Linda Upton Sanford Snowbarger Walsh for real campaign finance reform. The to reconsider the ordering of the yeas Scarborough Solomon Wamp need for campaign finance reform is and nays. Schaefer, Dan Souder Watkins clear. Both parties raised millions and Schaffer, Bob Spence Watts (OK) MOTION OFFERED BY MR. MC INNIS Weldon (FL) millions of dollars last year, twice as Sensenbrenner Stearns Mr. MCINNIS. Mr. Speaker, I move to Sessions Stump Weldon (PA) Weller much as they raised just 4 years ago. lay on the table the motion to recon- Shadegg Sununu White The Senate is scheduling a vote on Shaw Talent sider. Whitfield Tauzin campaign finance reform; the Presi- The SPEAKER pro tempore. The Shays Wicker dent is waiting for a deal. Two years question is on the motion offered by Shimkus Taylor (MS) Wolf ago, just 2 years ago, the Speaker Shuster Taylor (NC) Young (AK) the gentleman from Colorado [Mr. Skeen Thomas Young (FL) shook hands with the President on the MCINNIS] to lay on the table the mo- Smith (MI) Thornberry promise of campaign finance reform. tion to reconsider offered by the gen- Smith (NJ) Thune What happened to that promise? What tleman from Texas [Mr. DOGGETT]. Smith (OR) Tiahrt happened to that vow? What happened The question was taken; and the NAYS—197 to his word? Speaker pro tempore announced that Abercrombie Gordon Nadler The American people deserve better, the ayes appeared to have it. Mr. Speaker, than to be stonewalled, Ackerman Green Neal Mr. DOGGETT. Mr. Speaker, I object Allen Gutierrez Oberstar put down, put off and ignored. They de- to the vote on the ground that a Andrews Hall (OH) Obey serve to be heard. They deserve to be quorum is not present and make the Baesler Hall (TX) Olver respected. The Speaker is the only one Baldacci Hamilton Ortiz point of order that a quorum is not Owens in Washington standing in the way of Barcia Harman present. Barrett (WI) Hefner Pallone campaign finance reform. The SPEAKER pro tempore. Evi- Becerra Hilliard Pascrell Pastor Mr. Speaker, it is time to end the dently a quorum is not present. Bentsen Hinchey Berman Hinojosa Payne delay. Schedule a vote on campaign fi- Pelosi The Sergeant at Arms will notify ab- Berry Holden nance reform today. Peterson (MN) sent Members. Bishop Hooley Pickett f Blagojevich Jackson (IL) The SPEAKER pro tempore. This Pomeroy will be a 15-minute vote. Blumenauer Jackson-Lee Poshard IF THEY CANNOT OBEY CURRENT Bonior (TX) The vote was taken by electronic de- Price (NC) LAW, WHY WOULD THEY OBEY Borski Jefferson vice, and there were—yeas 217, nays Rahall FUTURE LAW? Boswell John Rangel 197, not voting 19, as follows: Boucher Johnson (WI) Reyes (Mr. WALSH asked and was given [Roll No. 428] Boyd Johnson, E. B. Rivers Brown (CA) Kanjorski Rodriguez permission to address the House for 1 YEAS—217 minute and to revise and extend his re- Brown (FL) Kaptur Roemer Aderholt Ehlers Kolbe Brown (OH) Kennedy (MA) Rothman marks.) Archer Ehrlich LaHood Capps Kennedy (RI) Roybal-Allard Mr. WALSH. Mr. Speaker, listening Armey Emerson Latham Cardin Kennelly Rush to the other side get exercised about Bachus English LaTourette Carson Kildee Sabo campaign finance reform would be hi- Baker Ensign Lazio Clay Kilpatrick Sanchez Ballenger Everett Leach Clayton Kind (WI) Sanders larious if corruption of our political Barr Ewing Lewis (CA) Clement Kleczka Sandlin process were not such a serious matter. Barrett (NE) Foley Lewis (KY) Clyburn Klink Sawyer We can just see the White House now Bartlett Forbes Linder Condit Kucinich Scott Serrano with their new slogan, ‘‘We’ve got four Barton Fowler LoBiondo Conyers LaFalce Bass Fox Lucas Costello Lampson Sherman more years so let’s change the rules.’’ Bateman Franks (NJ) Manzullo Coyne Lantos Sisisky Skaggs Does the other side really think that Bereuter Frelinghuysen McCollum Cramer Levin Skelton Bilbray Gallegly McCrery Cummings Lewis (GA) the American people think it is OK to Slaughter Bilirakis Ganske McDade Danner Lipinski break the rules? Then carry on about Blunt Gekas McHugh Smith, Adam Davis (FL) Lofgren Boehlert Gibbons McInnis Snyder how we need to change them? Does the Davis (IL) Lowey Boehner Gilchrest McIntosh Spratt other side really feel comfortable de- DeFazio Luther Bono Gillmor McKeon Stabenow Delahunt Maloney (CT) fending deliberate attempts to violate Brady Gilman Metcalf Stark Maloney (NY) the law and then blame the existence Bryant Goodlatte Mica DeLauro Stenholm Bunning Goodling Miller (FL) Dellums Manton Stokes of the law as the real problem? Does Deutsch Markey the other side really think the White Burr Goss Moran (KS) Strickland Burton Graham Morella Dicks Martinez Stupak House is above the law, that all the lit- Buyer Granger Myrick Dingell Mascara Tanner tle people have to obey the law but Callahan Greenwood Nethercutt Dixon Matsui Tauscher they are exempt from having to do so? Calvert Gutknecht Neumann Doggett McCarthy (MO) Thompson Camp Hansen Ney Dooley McCarthy (NY) Thurman No matter how many times the other Campbell Hastert Northup Doyle McDermott Tierney side wants to change the subject by Canady Hastings (WA) Norwood Edwards McGovern Towns talking about campaign finance reform Cannon Hayworth Nussle Engel McHale Turner the truth will finally come out. If they Castle Hefley Packard Eshoo McIntyre Velazquez Chabot Herger Pappas Etheridge McKinney Vento cannot obey the current law, what Chambliss Hill Parker Evans McNulty Visclosky makes anybody think they will obey Chenoweth Hilleary Paul Farr Meehan Waters future law? Christensen Hobson Paxon Fattah Meek Watt (NC) Coble Hoekstra Pease Fazio Menendez Waxman f Coburn Horn Peterson (PA) Filner Millender- Wexler Collins Hostettler Petri Flake McDonald Weygand MOTION TO ADJOURN Combest Houghton Pickering Foglietta Miller (CA) Wise Cook Hulshof Pitts Ford Minge Woolsey Mr. GEPHARDT. Mr. Speaker, I Cooksey Hutchinson Pombo Frost Mink Yates move that the House do now adjourn. Cox Hyde Portman Furse Moakley The SPEAKER pro tempore. The Crane Inglis Pryce (OH) Gejdenson Mollohan Crapo Istook Quinn question is on the motion to adjourn Gephardt Moran (VA) Cubin Jenkins Radanovich Goode Murtha offered by the gentleman from Mis- Cunningham Johnson (CT) Ramstad souri [Mr. GEPHARDT]. Davis (VA) Johnson, Sam Redmond NOT VOTING—19 Deal Jones Regula The question was taken; and the DeLay Kasich Riley Bliley Hoyer Saxton Speaker pro tempore announced that Diaz-Balart Kelly Rogan Bonilla Hunter Schiff the noes appeared to have it. Dickey Kim Rogers DeGette Largent Schumer Mr. GEPHARDT. Mr. Speaker, on Doolittle King (NY) Rohrabacher Fawell Livingston Torres Dreier Kingston Ros-Lehtinen Frank (MA) Oxley Wynn that I demand the yeas and nays. Duncan Klug Roukema Gonzalez Porter The yeas and nays were ordered. Dunn Knollenberg Royce Hastings (FL) Riggs September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7741 b 1145 Cunningham Kleczka Ramstad MESSAGE FROM THE PRESIDENT Davis (VA) Klink Rangel Messrs. ROEMER, LIPINSKI, Deal Klug Redmond A message in writing from the Presi- CLYBURN, CUMMINGS, and KEN- DeLay Knollenberg Regula dent of the United States was commu- NEDY of Massachusetts, and Ms. Diaz-Balart Kolbe Riley nicated to the House by Mr. Sherman Dickey Kucinich Rivers EDDIE BERNICE JOHNSON of Texas Dicks LaHood Roemer Williams, one of his secretaries. and Ms. SLAUGHTER changed their Dixon Lantos Rogan f vote from ‘‘yea’’ to ‘‘nay.’’ Dooley Latham Rogers Rohrabacher REQUEST FOR PERMISSION TO Messrs. HILL, COBLE, BOB SCHAF- Doolittle LaTourette Doyle Lazio Ros-Lehtinen SPEAK OUT OF ORDER FER of Colorado, EVERETT, PICKER- Dreier Leach Roukema ING, WATKINS and TAYLOR of North Duncan Lewis (CA) Royce Mr. HINCHEY. Mr. Speaker, I ask Carolina changed their vote from Dunn Lewis (KY) Ryun unanimous consent to speak out of Edwards Linder Sabo ‘‘nay’’ to ‘‘yea.’’ Salmon order for 1 minute in order to pose a Ehlers Livingston Sandlin question to the majority leader or his So the motion to table the motion to Ehrlich LoBiondo Sanford reconsider was agreed to. Emerson Lofgren designee. Saxton Engel Lucas The SPEAKER pro tempore (Mr. BE- The result of the vote was announced Schaefer, Dan English Luther as above recorded. Schaffer, Bob REUTER). Is there objection to the re- Ensign Manton Sensenbrenner The SPEAKER pro tempore (Mr. Everett Manzullo quest of the gentleman from New Serrano Ewing Mascara York? CAMP). The question is on the motion Sessions Fawell McCarthy (MO) to adjourn offered by the gentleman Shadegg Mr. MCINNIS. I object, Mr. Speaker. Foley McCrery Shaw The SPEAKER pro tempore. Objec- from Missouri [Mr. GEPHARDT] on Forbes McDade Shays which the yeas and nays are ordered. Fowler McHale tion is heard. Sherman f The vote was taken by electronic de- Fox McHugh Shimkus Franks (NJ) McInnis vice, and there were—yeas 124, nays Shuster CONFERENCE REPORT ON H.R. 2209, 293, not voting 16, as follows: Frelinghuysen McIntosh Sisisky Frost McIntyre Skaggs LEGISLATIVE BRANCH APPRO- [Roll No. 429] Gallegly McKeon Skeen PRIATIONS ACT, 1998 YEAS—124 Ganske McKinney Skelton Gekas Metcalf Smith (MI) Mr. MCINNIS. Mr. Speaker, by direc- Ackerman Greenwood Moakley Gibbons Mica Smith (NJ) tion of the Committee on Rules, I call Allen Gutierrez Nadler Gilchrest Millender- Smith (OR) Andrews Harman Neal Gillmor McDonald Smith (TX) up House Resolution 238 and ask for its Barrett (WI) Hefner Oberstar Goode Miller (FL) Smith, Linda immediate consideration. Becerra Hilleary Obey Goodlatte Minge Snowbarger The SPEAKER pro tempore. The gen- Bentsen Hilliard Olver Gordon Mollohan Solomon tleman will suspend. Berry Hinchey Pallone Goss Moran (KS) Souder Bonior Hinojosa Payne Graham Moran (VA) Spence POINT OF ORDER Borski Hoyer Pelosi Granger Morella Stearns Mr. HINCHEY. Point of order, Mr. Brown (FL) Jackson (IL) Pomeroy Green Murtha Stenholm Speaker. Brown (OH) Jackson-Lee Reyes Gutknecht Myrick Stokes Cannon (TX) Rodriguez Hall (OH) Nethercutt Stump The SPEAKER pro tempore. The gen- Cardin Jefferson Rothman Hall (TX) Neumann Sununu tleman from New York [Mr. HINCHEY] Clay John Roybal-Allard Hamilton Ney Talent will state his point of order. Clayton Johnson (WI) Rush Hansen Northup Tanner Conyers Johnson, E. B. Sanchez Hastert Norwood Tauzin Mr. HINCHEY. My point of order, Mr. Costello Kaptur Sanders Hastings (WA) Nussle Taylor (MS) Speaker, is that the House is currently Coyne Kennedy (MA) Sawyer Hayworth Ortiz Taylor (NC) being operated in a disorderly fashion. Cummings Kennedy (RI) Schumer Hefley Owens Thomas Mr. MCINNIS. That is not a point of Davis (FL) Kennelly Scott Herger Oxley Thornberry Davis (IL) Kilpatrick Slaughter Hill Packard Thune order. DeFazio Kind (WI) Smith, Adam Hobson Pappas Thurman Mr. HINCHEY. The propensity of the DeGette LaFalce Snyder Hoekstra Parker Tiahrt Delahunt Lampson Spratt majority to schedule long hiatuses day Holden Pascrell Traficant DeLauro Levin Stabenow Hooley Pastor Turner after day in the middle of the proceed- Dellums Lewis (GA) Stark Horn Paul Upton ings in order that some Members may Deutsch Lipinski Strickland Hostettler Paxon Visclosky Dingell Lowey Stupak socialize betrays not just a lack of con- Houghton Pease Walsh Doggett Maloney (CT) Tauscher sideration—— Hulshof Peterson (MN) Wamp Eshoo Maloney (NY) Thompson Hyde Peterson (PA) Watkins Mr. MCINNIS. Regular order. Etheridge Markey Tierney Inglis Petri Watt (NC) Mr. HINCHEY. Of the Members, but Evans Martinez Torres Istook Pickering Watts (OK) Farr Matsui Towns it betrays also a deep-seated—— Jenkins Pickett Weldon (FL) Fattah McCarthy (NY) Velazquez Mr. MCINNIS. Mr. Speaker, regular Johnson (CT) Pitts Weldon (PA) Fazio McDermott Vento Weller order. Filner McGovern Waters Johnson, Sam Pombo Jones Porter White Mr. HINCHEY. The House is being Flake McNulty Waxman Whitfield Foglietta Meehan Wexler Kanjorski Portman operated in a disorderly manner. Kasich Poshard Wicker Ford Meek Weygand Wise Mr. McINNIS. Regular order. Furse Menendez Woolsey Kelly Price (NC) Kildee Pryce (OH) Wolf The SPEAKER pro tempore. The gen- Gejdenson Miller (CA) Yates Young (AK) Gephardt Mink Kim Quinn tleman from New York has not stated a King (NY) Radanovich Young (FL) proper point of order. NAYS—293 Kingston Rahall The gentleman from Colorado [Mr. Abercrombie Blagojevich Canady McInnis] is recognized. Aderholt Bliley Capps NOT VOTING—16 Mr. MCINNIS. Mr. Speaker, by direc- Archer Blumenauer Carson Bonilla Goodling Riggs Armey Blunt Castle Clement Hastings (FL) Scarborough tion of the Committee on Rules, I call Bachus Boehlert Chabot Danner Hunter Schiff up House Resolution 238 and ask for its Baesler Boehner Chambliss Frank (MA) Hutchinson Wynn immediate consideration. Baker Bono Chenoweth Gilman Largent The Clerk read the resolution, as fol- Baldacci Boswell Christensen Gonzalez McCollum Ballenger Boucher Clyburn lows: Barcia Boyd Coble H. RES. 238 Barr Brady Coburn b 1203 Barrett (NE) Brown (CA) Collins Resolved, That upon adoption of this reso- Bartlett Bryant Combest Mr. KOLBE changed his vote from lution it shall be in order to consider the Barton Bunning Condit ‘‘yea’’ to ‘‘nay.’’ conference report to accompany the bill Bass Burr Cook (H.R. 2209) making appropriations for the Bateman Burton Cooksey So the motion to adjourn was re- Legislative Branch for the fiscal year ending Bereuter Buyer Cox Berman Callahan Cramer jected. September 30, 1998, and for other purposes. Bilbray Calvert Crane All points of order against the conference re- Bilirakis Camp Crapo The result of the vote was announced port and against its consideration are Bishop Campbell Cubin as above recorded. waived. H7742 CONGRESSIONAL RECORD — HOUSE September 24, 1997 The SPEAKER pro tempore. The gen- Mr. MILLER of California. Mr. the leadership in the House and the tleman from Colorado [Mr. MCINNIS] is Speaker, I thank the gentleman for Senate. recognized for 1 hour. yielding me the time. Letters go out on almost a monthly Mr. MCINNIS. Mr. Speaker, for pur- Mr. Speaker, today, we are dealing basis saying, if you give us $10,000 or poses of debate only, I yield the cus- with a rule on legislative appropria- $25,000, you can sit down with the tomary 30 minutes to the gentleman tions for the House of Representatives. chairman of your choice, the commit- from Ohio [Mr. HALL], pending which I I rise to speak on this rule because I tee chairman of your choice of jurisdic- yield myself such time as I may am also deeply concerned that while we tion where you have legislation, you consume. During consideration of this are dealing with the funding of the for- can have a private meeting, a private resolution, all time yielded is for the mal operations of the Congress of the dinner, a private lunch. purposes of debate only. United States in terms of the nuts and That is unacceptable. That is unac- Mr. Speaker, House Resolution 238 is bolts that keep this place going from ceptable. That is the funding we should a straightforward resolution. The pro- year to year, I am deeply concerned be discussing in the House of Rep- posed bill waives all points of order that we are not addressing another resentatives. But to date, unfortu- against the conference report and problem of funding of the Congress of nately, in spite of all the public record against its consideration. This resolu- the United States. That is the manner that has been displayed, we are unable tion was reported out of the Committee in which Members of Congress fund to address campaign finance reform. on Rules by a voice vote. their campaigns. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, this appropriation bill, Somehow we are able to deal with The SPEAKER pro tempore. The which provides the funds for operations those provisions of law that deal with Chair would advise Members they of the House, the Senate, and entities the paper clips, the pencils, the paper, should not refer to debate on actions or such as the Library of Congress, often the notebooks, and everything else inactions of the other body. serves as a lightning rod for partisan that goes into the Congress of the Mr. HALL of Ohio. Mr. Speaker, I conflicts. However, during the course 1 United States, but what we are not yield 3 ⁄2 minutes to the gentleman of the debate on House Resolution 238 I from Texas [Mr. DOGGETT]. hope Members will keep in mind that able to deal with is the issue of how we fund our campaigns, how Members of Mr. DOGGETT. Mr. Speaker, the rule we are debating a simple, plain vanilla, that we are considering at this time rule. Congress get here and how Members of Congress stay here. concerns legislative appropriations and Mr. Speaker, I urge my colleagues to the expenditure of $2.2 billion of tax- support this rule, and I reserve the bal- We now are witnessing across the entire Government of the United States, payer money. But the American people ance of my time. should not labor under the Mr. HALL of Ohio. Mr. Speaker, I except for the House of Representa- tives, a commitment to debate and to misassumption that that is the only yield myself such time as I may money involved in the operation of this consume. propose campaign finance reform. The body. The $2.2 billion pays for the ac- Mr. Speaker, as the gentleman from President of the United States has tual operations of all aspects of this Colorado [Mr. MCINNIS] explained, this called for that. In fact, over 2 years resolution is a rule waiving all points ago, he shook hands with the Speaker body. But a considerable additional of order against the conference report of the House. Yesterday, he sent a let- amount of money is involved in what to accompany H.R. 2209, a bill making ter to the Senate saying he would ex- brings each Member of this body here appropriations for the legislative pect the Senate and would keep the to spend the $2.2 billion. That is, the hundreds of a million dollars that are branch for fiscal year 1998. Senate in session if a proper debate being spent in the campaigns that The bill appropriates a total of $2.2 could not be had on campaign finance bring Members to this legislative billion for the operations of Congress reform. Senator DASCHLE closed the branch where that $2.2 billion is in- and other agencies in the legislative Senate down yesterday, and finally volved. branch. This amount is a modest 2-per- Senator LOTT agreed that they would cent higher than last year’s appropria- in fact schedule a full and open debate b 1215 tion. on campaign finance reform measures This morning we have had a series of Too often consideration of the legis- in the Senate. votes. We have had a series of objec- lative branch funding bill becomes an Yet, we have had no response, in tions. And undoubtedly, there are some opportunity to criticize Congress. How- spite of bipartisan letters, in spite of Members of this body who view those ever, I want to take this opportunity to calls from Members of the Republican as inconvenient, as troublesome. But I point out our achievements. Congress Caucus, in spite of letters from the would emphasize that they are about is the most responsive agency in the Democrats, in spite of a handshake very serious, substantive matters. Federal Government. More than any with the President of the United Unlike the other body, it is not pos- other agency, we are the ones who can States, an appeal by the President of sible under the rules of this House, act immediately to solve problems and the United States for campaign finance under the rule that is being debated make changes. As the Federal Government expanded reform in a State of the Union Mes- here this morning, for us to offer an over the past two decades, Congress sage, we have had no response except amendment on campaign finance re- kept down the increase in its spending. ‘‘no’’ from the Republican leadership of form. Our hands are completely tied The men and women who make up the the House. behind our backs in this House, unlike Members and staff of this institution A far more serious question than the the other body, and our ability to come are honorable, they are hard-working formal funding that this resolution to this floor and say let us have a sim- public servants dedicated to making makes in order in the legislative appro- ple and direct ban on soft money which the country a better place. priations bill is the informal funding is being used to soften up the political This year we approved a plan to bal- that goes on around here. We are now leadership in this House, the corrupt- ance the budget, and this is an achieve- seeing the influence of soft money on ing influence of soft money, we cannot ment that will be a lasting contribu- the decisionmaking process within the come forward and simply offer an tion to future generations of Ameri- Congress of the United States, how amendment to this rule or to this bill cans. So as we take up the bill to fund bills are scheduled, how amendments to accomplish that objective. And, so, Congress, I want to emphasize that this are scheduled, how bills are not sched- the only way to focus the attention of is money well spent for the American uled and how amendments are not the American people on this issue is people. scheduled. with the types of motions and objec- Mr. Speaker, the rule was approved What we have learned in the hearings tions that are being made, not out of by the Committee on Rules on a voice in the Senate is that soft money is any frivolity, indeed because they go to vote with no objections. I urge adop- about access; it is about access to com- the heart of our democracy and the tion of the rule. mittee chairmen, it is about access to way that democracy is being corrupted Mr. Speaker, I yield 3 minutes to the the President of the United States, it is by the soft money system. gentleman from California [Mr. MIL- about access to the Vice President of We are in the course, given the total LER]. the United States, it is about access to stonewall we have, even after the September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7743 President says he will call this Con- headlines today, ‘‘Democratic National ently some of my colleagues feel we gress back into special session, even Committee-Teamsters Traded Funds.’’ put in a complete workday, time to ad- after half the road is cleared thanks to There are laws against that kind of journ and go home or go to the golf the leadership of the minority leader thing. We have laws in the books right course or down to the racquet club. and the Senate committees are now. Listening to what my colleagues My colleagues, we have got business stopped, even after all that we are told say out there, they give the perception to do. Let us get on with our business, no vote, no consideration even of Re- to the American people that there are and let us focus on the subject at hand, publican proposals to deal with this not laws regarding campaign finance which is a rule. If my colleagues want campaign finance issue. reform. There are lots of laws out to debate the rest of the time we have All that we can do is go to the Speak- there. this morning on this rule on campaign er and say it is going to take him more The fact is, in my opinion, that they finance reform, I look forward to it. time not to consider campaign finance have been broken. So instead of trying Mr. DOGGETT. Mr. Speaker, will the reform than it would to consider cam- to divert from the fact that the laws gentleman yield? paign finance reform and let all of have been broken by saying we need Mr. MCINNIS. No, I will not yield. It these proposals come forward. The more laws, let us enforce the laws that seems to me, if I remember procedural freshmen Members, in a bipartisan we have got. order, I have the floor. Am I incorrect? basis, say ban soft money, do some- I would hope that my colleagues put If my colleagues would like to pro- thing about these problems. There are their energy and resources into going ceed with the people’s business, which Members of the Republican side and of to the Democratic National Committee is to get this rule out of the way and the Democratic side who have ideas to today and say, ‘‘Hey, fellas, even let us get to the bill, we have got a lot advance. But the Speaker’s response is, though I am a Democrat, even though of work to do, then let us proceed. It is we do not need less money in our cam- I have a special interest in this party, up to my colleagues. paigns. We need more, more campaign I want us to lay out to the American Mr. Speaker, I reserve the balance of ads, more television ads. people, let us be truthful, let us find my time. This bill deals with one part of the out what we did with the Teamsters.’’ Mr. HALL of Ohio. Mr. Speaker, I legislative process. But anyone who Furthermore, I would suggest that yield 1 minute to the gentleman from watches this process knows that it is maybe they take a foreign trip. We Texas [Mr. FROST]. much more than the $2.2 billion; it is have got a break coming up. Help us Mr. FROST. Mr. Speaker, I thank the the influence peddling going on out- find some of these witnesses like Char- gentleman from Ohio [Mr. HALL] on the side; it is the ‘‘yield right of way’’ sign lie Trie or John Huang and some of Committee on Rules for yielding me yielding to the special interests that these people that have conveniently the time. influence this operation. disappeared out of our reach so we can- Since the gentleman from Colorado Today we have a chance to begin to not find out what went on. Let us find [Mr. MCINNIS] on the other side of the change that, and that is why we will out what went on, determine what we aisle mentioned my name, I did want have more motions and more votes and have to stop that, and what laws were to take this opportunity to make it more action, because we cannot let this broken. And then if we find a hole in very clear that I support the efforts to matter be delayed. This is our last the law or a way around the law, then pass campaign finance reform this chance to influence the cleanup of the let us do something about it. year. 1998 elections. I also want to point out an article There is a difference of opinion as to Mr. MCINNIS. Mr. Speaker, I yield which I read in Roll Call. I think it was what the content of that legislation myself such time as I may consume. yesterday’s Roll Call. ‘‘With support should be. There are legitimate, honest Mr. Speaker, I find the comments building in both Chambers for a com- differences of opinion on what should somewhat interesting from the gen- plete ban on soft money, sources said be in the bill. But I fully support the tleman from Texas [Mr. DOGGETT] and that Democrats like FAZIO and Demo- efforts of the gentleman from Califor- from the gentleman from California cratic Congressional Campaign Com- nia [Mr. MILLER] and others to force a [Mr. MILLER]. mittee Chairman MARTIN FROST,’’ your vote on this legislation this year. First of all, I note, with some inter- colleague from the State of Texas, There should be no misunderstanding est, that both of the gentlemen have ‘‘have been working furiously behind about that. voted twice today to adjourn the the scenes to reach a compromise that To the extent that the other side House. I understand that there is a golf would save the currently unlimited and does not want this vote, does not want game or something recreational that is unregulated contributions from exter- to have a vote on this issue this year, necessary. But let me ask them this. mination.’’ they are not serving the interest of the We have got work to do here. Today we Let us be serious about this. First of American public. There are legitimate have spent hours of time wasted on all, we have got work to do. Quit doing differences of opinion about how we procedural motions to adjourn the those motions to adjourn time after should reform the process. There is no House. What our side of the aisle is time. You know that every time, and I difference of opinion about the fact asking, and by the way, a good portion speak in a generic form, the people that we should reform the process. of your side of the aisle agrees with us, that support this motion, the people Mr. MCINNIS. Mr. Speaker, I reserve we need to go to work. We have got a that make this motion to adjourn, the the balance of my time. lot of work to do. We have got a lot of American people are out there, they do Mr. HALL of Ohio. Mr. Speaker, I budgetary issues to consider, and we not vote to go home from work at 10 yield 2 minutes to the gentleman from ought to do it. o’clock in the morning. We were wast- California [Mr. MILLER]. Here is a perfect example. Mr. Speak- ing our time here on this House floor Mr. MILLER of California. Mr. er, this rule was noncontroversial. This voting on a motion to adjourn. Speaker, I would just say that I appre- rule was passed by voice vote out of the By the way, on the first vote, only ciate that the gentleman from Colo- Committee on Rules last night. This one Republican voted to go home at 10 rado [Mr. MCINNIS] has raised the issue rule is supported by the gentleman o’clock in the morning. Every other of procedural motions. from Ohio [Mr. HALL]. In fact, the gen- Republican here said we ought to stay As the gentleman from Texas [Mr. tleman from Ohio [Mr. HALL] has en- and work. But my colleagues from DOGGETT] has pointed out, there is couraged a vote for it. But instead, we Texas and California voted to go home nothing else we can do. And he must are now going to convert. at 10 o’clock in the morning. And that understand what we have seen now They have invited me to participate was not good enough, the rest of the throughout this entire session: If we do in a debate regarding campaign finance body said, no, we are not going to go nothing, nothing will happen. Because reform, and I will accept that invita- home at 10 o’clock. We are going to the Republican leadership that con- tion, although somewhat limited. First work. trols the schedule, that controls the of all, I would hope that the gentleman We have got work to complete in agenda has determined that we cannot who brought this issue will also devote these Chambers What happens? Well, have a debate on campaign finance re- a good deal of time to the article in the the clock gets close to 12 and appar- form. H7744 CONGRESSIONAL RECORD — HOUSE September 24, 1997 So there is nothing left for us to do Mr. WOLF. Mr. Speaker, I thank the we have passed. I just want to say that than to raise these procedural motions gentleman from Colorado [Mr. there are tremendous people here in to try to raise the visibility in the MCINNIS] for yielding me the time. the Congress, both Republican and public’s mind and in the press as to Mr. Speaker, I was sitting in my of- Democrat. I think that they are doing what is going on on the Republican fice, and I wanted to kind of tell the their best, people of good character. side. And that is the old four-corner people what I feel, whether they like it They work hard. And I think that stall in UCLA. They are hoping to play really or not. I think both sides are de- sometimes we tear each other down to ‘‘beat the clock,’’ that if they can pre- stroying this institution. the point where it reflects upon us. Your side ought to stop calling these tend like they are doing the people’s b 1230 business, this is not about the people’s votes, and our side ought to stop business, but if they were doing the recessing between the hours of 6 and 9 I am sick and tired of it, too, like the people’s business, we would be reform- so people can go to dinners downtown gentleman from Virginia [Mr. WOLF]. I ing the campaign finance system. and then keep those of us who have want to see us start to stand up for That locks the people out of the elec- families here in town locked in our what we are all about. We do good tion, allows a special interest, this al- rooms where we have to wait for people things here. We have good staffs. I lows special money in and huge con- to come back. would say 99 percent of the people here tributions to overwhelm people who Last night we recessed from 6 until 9, are people of good character. Yet if you try to participate in elections. That is we did no business. And we stayed here were to ask the people in the country why we have the majority leader in the until 10:30. Tonight we are not going to about us, the way we fight, squabble, Senate and Speaker of the House pro- do any business and votes between the and jump up and down sometimes, we posing a $50 billion tax rebate for the hours of 6 and 9. Those of us who have do not do ourselves justice. I think it is tobacco companies, because the to- families, those of us who live here, the time to get on and pass this rule and bacco companies were the biggest con- staff, these people out here, the staff, get over with the bill. tributors to the party, and in the mid- the guards, the restaurants, and every- Mr. Speaker, I yield back the balance dle of the night they got what they body else, they stay here when we stay of my time. wanted. here. Mr. MCINNIS. Mr. Speaker, I yield myself such time as I may consume. I But the people did not want a $50 bil- Your side is destroying this institu- think that the gentleman from Ohio, lion tax cut for tobacco companies. It tion, and our side is destroying this in- who, by the way, in my opinion, is one is rather interesting when we forced stitution. Stop calling the votes. Stop of the most respected Members of the them to vote in the light of day, it was calling the votes. Let me just tell the House, is certainly a professional, he is unanimous. Only three people voted gentleman, I do not take money from a gentleman, and his points are well against it in the Senate, unanimous in the tobacco interests and I come from taken. I should point out, though, con- the House. That is the difference be- a tobacco State, And I am for abolish- trary to what the gentleman from Vir- tween doing the people’s business and ing soft money. And for this side, stop ginia [Mr. WOLF] said, the gentleman doing the special interest business. calling and recessing between the hours of 6 and 9. Let us work like regu- from Virginia lives close to the Cap- We will continue to call these votes itol. I live a long way from the Capitol. because the gentleman from Georgia lar people. My closing comment is, and I hope My district geographically is larger [Mr. GINGRICH] leaves us no alter- they do not take the time from me, we than the State of Florida. It takes me natives. We apologize for the inconven- a long time to get there. It takes me a ience. But what is at stake here is the are living a dysfunctional life in a dysfunctional institution, and dysfunc- long time to get across there. I would democratic institution of which we rather work late hours at night so I serve and the democratic process of tional things come out of living it. Both sides ought to stop what they are can get back to my district. electing people, whether or not we will I think in defense of the majority turn that over to the special interests doing. Mr. MCINNIS. Mr. Speaker, reclaim- leader, the fact that last night we in this country, as opposed to the peo- ing my time, to the gentleman from scheduled votes so we had a bunch of ple from the constituencies which we Virginia [Mr. WOLF], let me just tell votes at 10 o’clock instead of votes be- are elected. That is what the struggle him, if I were the majority leader, we tween 8 and 10 o’clock in the evening is here. That is what the debate is would work 24 hours a day. Every time was to accommodate Members and about. they put up a motion to adjourn this their families so that they can go out Mr. McINNIS. Mr. Speaker, I yield House in the middle of the day or be- and have dinner and know that we will myself such time as I may consume. ginning of the day, and I used to be a delay the votes; or not delay them Mr. Speaker, I am enthralled by the majority leader in the State of Colo- from voting, the debate still continues, energy level of the gentleman from rado, we will just work, we will just the House still has action, but we will California [Mr. MILLER]. I like that work around the clock. We have got move the votes to a period of time. So kind of enthusiasm, and I hope that the business to do, and we ought to get it I think the criticism here, while I un- gentleman from California [Mr. MIL- done. derstand the frustration of what is LER], No. 1, puts that enthusiasm to Mr. Speaker, I reserve the balance of going on, I must say that some of this doing the people’s business and quit my time. scheduling is done for the convenience supporting these motions to adjourn. Mr. HALL of Ohio. Mr. Speaker, I of Members so they can have dinner We have got work to do. Put the golf yield myself such time as I may with their families. game aside, forget the racquet club. consume to respond to what my friend Mr. Speaker, I yield 1 minute to the They can do that on Saturday and Sun- the gentleman from Virginia [Mr. gentleman from Arizona [Mr. day. But more importantly, I hope the WOLF] said. HAYWORTH]. gentleman from California [Mr. MIL- The gentleman from Virginia [Mr. Mr. HAYWORTH. Mr. Speaker, I LER] finds time this afternoon to go WOLF] is my best friend in the Congress thank the gentleman from Colorado for back to the office and pursue this head- of the United States. I, 100 percent, en- yielding me this time. I listened with line ‘‘Democratic National Committee- dorse what he had to say. I think that great interest to the debate. I do re- Teamsters Traded Funds.’’ we have had enough conversation on is- spect the gentleman from Ohio a great What is going on? I hope that we sues relative to campaign finance at deal, the minority member who is man- have that kind of vigor and that kind this particular time. I think it is time aging his side’s debate on this rule. of strength when he talks on the floor to pass the rule. I have just one point to clear up with about saying we need to get to the bot- As I said before, this legislative the gentleman from California. Rather tom of what has happened to the Team- branch funding is a very modest in- than some sort of sports tactic involv- sters. We need to get the people’s work crease. I think that I have tried to ing basketball, sadly what we are see- done in this House. point out the achievements of this Con- ing from some intense partisans on the Mr. Speaker, I yield 2 minutes to the gress from the standpoint of some of other side is more of a football tech- gentleman from Virginia [Mr. WOLF]. the bills and some of the things that nique called the misdirection play, September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7745 where you try to draw attention away Hobson Miller (FL) Saxton Sherman Strickland Vento Hoekstra Mollohan Scarborough Sisisky Stupak Visclosky from misdeeds and causes of concern. Holden Moran (KS) Schaefer, Dan Skaggs Tanner Waters I believe it is especially important Horn Moran (VA) Schaffer, Bob Skelton Tauscher Watt (NC) for us to go on record in this Congress Hostettler Morella Sensenbrenner Slaughter Taylor (MS) Waxman as saying that everyone who runs for Houghton Murtha Sessions Smith, Adam Thompson Wexler Hulshof Myrick Shadegg Snyder Thurman Weygand political office, including those in the Hutchinson Nethercutt Shaw Spratt Tierney Wise executive branch, should obey existing Hyde Neumann Shays Stabenow Torres Woolsey law. There is the point from whence Inglis Ney Shimkus Stark Towns Wynn Istook Northup Shuster Stenholm Turner Yates the problem stems, not any far-flung Jenkins Norwood Skeen Stokes Velazquez notion or vision of new campaign re- Johnson (CT) Nussle Smith (MI) form. And the question comes, sadly, Johnson, Sam Obey Smith (NJ) NOT VOTING—10 as questions develop as relevant as to- Jones Oxley Smith (OR) Bonilla Gonzalez Redmond Kasich Packard Smith (TX) Dellums Hastings (FL) Schiff day’s headlines, what type of influ- Kelly Pappas Smith, Linda Flake Hunter ences are out there? We should answer Kim Parker Snowbarger Foglietta Kennelly those questions with existing law. King (NY) Paul Solomon Kingston Paxon Souder b 1252 Mr. MCINNIS. Mr. Speaker, I yield Klink Pease Spence myself such time as I may consume. Klug Peterson (PA) Stearns Mr. CLYBURN and Mr. SPRATT First of all, Mr. Speaker, again I Knollenberg Petri Stump changed their vote from ‘‘yea’’ to want to express that I consider it a Kolbe Pickering Sununu ‘‘nay.’’ LaHood Pitts Talent privilege to work with the gentleman Largent Pombo Tauzin Mr. EWING changed his vote from from Ohio [Mr. HALL] in these kind of Latham Porter Taylor (NC) ‘‘nay’’ to ‘‘yea.’’ things. Again I appreciate his com- LaTourette Portman Thomas So the previous question was ordered. Lazio Pryce (OH) Thornberry The result of the vote was announced ments. Leach Quinn Thune Mr. Speaker, I yield back the balance Lewis (CA) Radanovich Tiahrt as above recorded. of my time, and I move the previous Lewis (KY) Rahall Traficant The SPEAKER pro tempore (Mr. BE- Linder Ramstad Upton REUTER). The question is on the resolu- question on the resolution. Livingston Regula Walsh The SPEAKER pro tempore (Mr. BE- LoBiondo Riggs Wamp tion. REUTER). The question is on ordering Lucas Riley Watkins The question was taken; and the the previous question. Manzullo Rogan Watts (OK) Speaker pro tempore announced that McCollum Rogers Weldon (FL) the ayes appeared to have it. The question was taken; and the McCrery Rohrabacher Weldon (PA) Speaker pro tempore announced that McDade Ros-Lehtinen Weller RECORDED VOTE the ayes appeared to have it. McHugh Roukema White Mr. MILLER of California. Mr. McInnis Royce Whitfield Mr. MILLER of California. Mr. McIntosh Ryun Wicker Speaker, I demand a recorded vote. Speaker, I object to the vote on the McKeon Sabo Wolf A recorded vote was ordered. ground that a quorum is not present Metcalf Salmon Young (AK) The SPEAKER pro tempore. This is a and make the point of order that a Mica Sanford Young (FL) 5-minute vote. quorum is not present. NAYS—186 The vote was taken by electronic de- The SPEAKER pro tempore. Evi- vice, and there were—ayes 408, noes 5, Abercrombie Farr Martinez dently a quorum is not present. Ackerman Fattah Mascara not voting 20, as follows: The Sergeant at Arms will notify ab- Allen Fazio Matsui [Roll No. 431] sent Members. Andrews Filner McCarthy (MO) Baldacci Ford McCarthy (NY) AYES—408 Pursuant to clause 5 of rule XV, the Barcia Frank (MA) McDermott Abercrombie Calvert Dicks Chair will reduce to a minimum of 5 Barrett (WI) Frost McGovern Ackerman Camp Dingell minutes the period of time for any Becerra Furse McHale Aderholt Campbell Dixon electronic vote, if ordered, on the ques- Bentsen Gejdenson McIntyre Allen Canady Doggett Berman Gephardt McKinney Andrews Cannon Dooley tion of agreeing of the resolution. Berry Goode McNulty Archer Capps Doolittle The vote was taken by electronic de- Bishop Gordon Meehan Armey Cardin Doyle vice, and there were—yeas 237, nays Blagojevich Green Meek Bachus Carson Dreier Blumenauer Gutierrez Menendez Baesler Castle Duncan 186, not voting 10, as follows: Bonior Hall (TX) Millender- Baker Chabot Dunn [Roll No. 430] Borski Harman McDonald Baldacci Chambliss Edwards Boswell Hefner Miller (CA) Ballenger Chenoweth Ehlers YEAS—237 Boyd Hilliard Minge Barcia Christensen Ehrlich Aderholt Cannon Everett Brown (CA) Hinchey Mink Barr Clay Emerson Archer Castle Ewing Brown (FL) Hinojosa Moakley Barrett (NE) Clayton Engel Armey Chabot Fawell Brown (OH) Hooley Nadler Barrett (WI) Clement English Bachus Chambliss Foley Capps Hoyer Neal Bartlett Clyburn Ensign Baesler Chenoweth Forbes Cardin Jackson (IL) Oberstar Barton Coble Eshoo Baker Christensen Fowler Carson Jackson-Lee Olver Bass Coburn Etheridge Ballenger Coble Fox Clay (TX) Ortiz Bateman Collins Evans Barr Coburn Franks (NJ) Clayton Jefferson Owens Becerra Combest Everett Barrett (NE) Collins Frelinghuysen Clement John Pallone Bentsen Condit Ewing Bartlett Combest Gallegly Clyburn Johnson (WI) Pascrell Bereuter Conyers Farr Barton Cook Ganske Condit Johnson, E.B. Pastor Berry Cook Fattah Bass Cooksey Gekas Conyers Kanjorski Payne Bilbray Cooksey Fawell Bateman Cox Gibbons Costello Kaptur Pelosi Bilirakis Costello Fazio Bereuter Crane Gilchrest Coyne Kennedy (MA) Peterson (MN) Bishop Cox Filner Bilbray Crapo Gillmor Cramer Kennedy (RI) Pickett Blagojevich Coyne Foley Bilirakis Cubin Gilman Cummings Kildee Pomeroy Bliley Cramer Forbes Bliley Cunningham Goodlatte Danner Kilpatrick Poshard Blumenauer Crane Ford Blunt Davis (VA) Goodling Davis (FL) Kind (WI) Price (NC) Blunt Crapo Fowler Boehlert Deal Goss Davis (IL) Kleczka Rangel Boehlert Cubin Fox Boehner DeLay Graham DeFazio Kucinich Reyes Boehner Cummings Frank (MA) Bono Diaz-Balart Granger DeGette LaFalce Rivers Bonior Cunningham Franks (NJ) Boucher Dickey Greenwood Delahunt Lampson Rodriguez Bono Danner Frelinghuysen Brady Dingell Gutknecht DeLauro Lantos Roemer Borski Davis (FL) Frost Bryant Doolittle Hall (OH) Deutsch Levin Rothman Boswell Davis (IL) Furse Bunning Dreier Hamilton Dicks Lewis (GA) Roybal-Allard Boyd Davis (VA) Gallegly Burr Duncan Hansen Dixon Lipinski Rush Brady Deal Ganske Burton Dunn Hastert Doggett Lofgren Sanchez Brown (FL) DeFazio Gejdenson Buyer Ehlers Hastings (WA) Dooley Lowey Sanders Brown (OH) Delahunt Gekas Callahan Ehrlich Hayworth Doyle Luther Sandlin Bryant DeLauro Gephardt Calvert Emerson Hefley Edwards Maloney (CT) Sawyer Bunning DeLay Gibbons Camp Engel Herger Eshoo Maloney (NY) Schumer Burr Deutsch Gilchrest Campbell English Hill Etheridge Manton Scott Burton Diaz-Balart Gillmor Canady Ensign Hilleary Evans Markey Serrano Callahan Dickey Gilman H7746 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Goode Martinez Roybal-Allard Dellums Hastings (FL) Schiff work is deeply appreciated. I speak for Goodlatte Mascara Royce Flake Hoyer Skaggs Goodling Matsui Rush Foglietta Hunter Smith (MI) every Member of the House in recogniz- Gordon McCarthy (MO) Ryun Gonzalez Kennelly Watkins ing their contributions. Their hard Goss McCarthy (NY) Sabo Gutierrez Redmond work reflects the dedication of all the Graham McCollum Salmon employees in the Congress. As I said on Granger McCrery Sanchez b 1301 this floor several weeks ago, Members Greenwood McDade Sanders Mr. BERRY changed his vote from Gutknecht McDermott Sandlin need to look around their work envi- Hall (OH) McGovern Sanford ‘‘no’’ to ‘‘aye.’’ So the resolution was agreed to. ronment every day and recognize those Hall (TX) McHale Sawyer who work with us in this legislative Hamilton McHugh Saxton The result of the vote was announced Hansen McInnis Schaefer, Dan as above recorded. body. These are good people who serve Harman McIntosh Schaffer, Bob A motion to reconsider was laid on with pride and deserve our respect. Hastert McIntyre Schumer Hastings (WA) McKeon Scott the table. Mr. Speaker, to summarize the con- Hayworth McKinney Sensenbrenner PERSONAL EXPLANATION ference agreement, the agreement ap- Hefley McNulty Serrano Mr. SMITH of Michigan. Mr. Speaker, on propriates $2.25 billion in the new budg- Hefner Meek Sessions Herger Menendez Shadegg rollcall No. 431. I was detained presiding over et authority to the Congress and the Hill Metcalf Shaw a Budget Committee meeting on Social Secu- support agencies and offices of the leg- Hilleary Mica Shays rity. Had I been present, I would have voted islative branch. This amount is ap- Hilliard Millender- Sherman proximately $146 million below the re- Hinchey McDonald Shimkus ``yes.'' Hinojosa Miller (CA) Shuster PERSONAL EXPLANATION quest of the President, which is a 6.1 Hobson Miller (FL) Sisisky Mr. REDMOND. Mr. Speaker, on rollcall No. percent reduction over what the Presi- Hoekstra Minge Skeen dent asked for. Holden Mink Skelton 430 and 431 I was not present. Had I been Hooley Moakley Slaughter present, I would have voted ``yes'' for both The actual funding level for 1998 is Horn Mollohan Smith (NJ) votes. about a 2-percent increase over 1997. Hostettler Moran (KS) Smith (OR) Mr. WALSH. Mr. Speaker, pursuant This appropriation level is below the Houghton Moran (VA) Smith (TX) Hulshof Morella Smith, Adam to House Resolution 238, I call up the amount appropriated for legislative Hutchinson Murtha Smith, Linda conference report on the bill (H.R. 2209) branch in 1994 and 1995, so we are still Hyde Myrick Snowbarger making appropriations for the legisla- below 1994’s level. So the downsizing Inglis Nadler Snyder tive branch for the fiscal year ending Istook Neal Solomon program begun in the 104th Congress is Jackson (IL) Nethercutt Souder September 30, 1998, and for other pur- still intact. Jackson-Lee Neumann Spence poses, and ask for its immediate con- The highlights of the conference re- (TX) Ney Spratt sideration. port: Operations of the Senate are $461 Jefferson Northup Stabenow The Clerk read the title of the bill. Jenkins Norwood Stark million, operations of the House are The SPEAKER pro tempore (Mr. BE- John Nussle Stearns $708 million; joint items, including REUTER). Pursuant to House Resolution Johnson (CT) Oberstar Stenholm Capitol police, et cetera, joint commit- Johnson (WI) Obey Stokes 238, the conference report is considered tees, $12.7 million; Architect of the Johnson, E. B. Olver Stump as having been read. Johnson, Sam Ortiz Stupak (For conference report and state- Capitol, $179 million. This includes the Jones Owens Sununu Botanic Garden and the library build- Kanjorski Oxley Talent ment, see proceedings of the House of Kaptur Packard Tanner September 18, 1997, at page H7580.) ings. Library of Congress, $346 million, Kasich Pallone Tauscher The SPEAKER pro tempore. The gen- including Congressional Research Serv- Kelly Pappas Tauzin tleman from New York [Mr. WALSH] ice; Congressional Budget Office, just Kennedy (MA) Parker Taylor (MS) under $25 million. Office of Compliance, Kennedy (RI) Pascrell Taylor (NC) and the gentleman from New York [Mr. Kildee Pastor Thomas SERRANO] each will control 30 minutes. $2.5 million; Government Printing Of- Kilpatrick Paul Thompson The Chair recognizes the gentleman fice is about $100 million, plus a trans- Kim Paxon Thornberry fer of $11 million from the Government Kind (WI) Payne Thune from New York [Mr. WALSH]. King (NY) Pease Thurman GENERAL LEAVE Printing Office revolving fund. General Kingston Pelosi Tiahrt Mr. WALSH. Mr. Speaker, I ask Accounting Office, which received an Kleczka Peterson (MN) Tierney increase this year, will be at about $347 Klink Peterson (PA) Torres unanimous consent that all Members Klug Petri Towns may have 5 legislative days within million. Knollenberg Pickering Traficant which to revise and extend their re- I will include a table showing details Kolbe Pickett Turner and a list of the highlights of the con- Kucinich Pitts Upton marks and that I may include tabular LaFalce Pombo Velazquez and extraneous material on H.R. 2209. ference agreement. It may be of some LaHood Pomeroy Vento The SPEAKER pro tempore. Is there interest to compare the conference Lampson Porter Visclosky objection to the request of the gen- agreement to the bill that passed the Lantos Portman Walsh Latham Poshard Wamp tleman from New York? House on July 28. LaTourette Price (NC) Waters There was no objection. As is customary, that bill did not Lazio Pryce (OH) Watt (NC) Mr. WALSH. Mr. Speaker, I yield my- contain funds for the operations of the Leach Quinn Watts (OK) self such time as I may consume. Senate. The House bill, without the Levin Radanovich Waxman Mr. Speaker, it is a pleasure to Lewis (CA) Rahall Weldon (FL) Senate, was $1.711 billion. For those Lewis (GA) Ramstad Weldon (PA) present today the conference report on same items, the conferees agreed to a Lewis (KY) Rangel Weller the fiscal year 1998 legislative branch level of $1.735 billion. The House came Linder Regula Wexler appropriations bill, H.R. 2209. Before I Lipinski Reyes Weygand up about $24 million, the Senate came Livingston Riggs White proceed with my summary of the re- down about $37 million, so the House LoBiondo Riley Whitfield port, let me take a brief moment to conferees did well. Lofgren Rivers Wicker thank my colleague, the gentleman Lowey Rodriguez Wise The result is an increase of just from New York [Mr. SERRANO] for his Lucas Roemer Wolf help throughout this process. The gen- about $13.7 million over the current Luther Rogan Woolsey year. That is an eight-tenths of 1 per- Maloney (CT) Rogers Wynn tleman is a friend and someone of the Maloney (NY) Rohrabacher Yates highest integrity. We would not be here cent increase above 1997, well below Manton Ros-Lehtinen Young (AK) today without his tremendous leader- even the modest rate of inflation in the Manzullo Rothman Young (FL) economy. In addition, full-time equiva- Markey Roukema ship and skill. My counterpart in the other body, lent positions have been reduced; in NOES—5 Senator BENNETT, was also very helpful other words, we have reduced staff Green Meehan Strickland as we worked to achieve this con- again by about 200 jobs. Largent Scarborough ference report. I consider him to be a The adjustment to House-passed NOT VOTING—20 person of the highest character. items agreed to includes: In the con- Berman Boucher Buyer Last, to the majority and minority ference the conferees added $8 million Bonilla Brown (CA) DeGette staff members in both bodies, their over the current level for the General September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7747 Accounting Office. This level will allow problem to direct the Joint Tax Com- Under the Government Printing Of- price level adjustments in travel, mittee to be more responsive to Mem- fice revolving fund, $1.5 million is made training, and begin a technology up- bers who are not in the committees of available for management audit. Under grade delayed the past 3 years. For the jurisdiction for taxation, House Com- title III of the bill, all the provisions in Architect, the roofing project at the li- mittee on Ways and Means, Senate the House-passed bill were retained. In brary, an additional $1.5 million, ad- Committee on Finance. addition, the conferees agreed to a pro- justments to electricity and fuel costs Mr. Speaker, several legislative mat- vision relating to Senate restaurant at the Capitol powerplant, funds for ters were agreed to in conference. employees and a provision which will the design of a new chiller system at Under the Capitol police, there is a pro- allow cost of living allowances for sen- the powerplant, funds for staff of the vision providing authority for the Cap- ior level staff in the Office of the Ar- Conservatory and for the Library of itol Police Board to establish a unified chitect. Congress an additional $3.8 million to pay and leave schedule for the police. Three House housekeeping provisions begin the $40 million replacement of For congressional printing, a long- were also added at the request of Com- the Library’s bibliography records and standing provision carried in the House mittee on House Oversight. a $1.25 million increase to begin a pro- bill on availability of funds to pay gram to replace an additional 10,000 printing costs has been retained. In summary, Mr. Speaker, the bill playback machines for blind and phys- There is language under the Library provides $2.2 billion for the funding for ically handicapped readers. of Congress specifying the amount the legislative branch. It is 6 percent Mr. Speaker, the other item of con- available for the integrated library sys- below the request of the President. cern to the conferees was the funding tem project, along with report lan- FTE levels have been reduced by just for the Joint Committee on Taxation. guage directing the Library to secure over 200. The bill retains a smaller leg- For Joint Committee on Taxation, the approval before obligating the funds. islative branch as established by the conferees agreed to fund an increase of Two administrative provisions were policy set in the 104th Congress and 2.5 FTE’s. In addition, the Senate added under the Library. One estab- provides stability to those operations agreed to remove from the bill the pro- lishes a revolving fund for reimburs- that must support our legislative vision that requires operational adjust- able work at the Library. The other needs. I urge the adoption of the con- ment in their workload. Instead report permits the investment of Library gift ference report. language was inserted in the joint ex- funds in the same manner as trust Mr. Speaker, I include the following planatory statement that addresses the funds. for the RECORD: H7748 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7749 H7750 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7751 H7752 CONGRESSIONAL RECORD — HOUSE September 24, 1997

CONFERENCE AGREEMENT—FISCAL YEAR 1998 Several capitol budget projects are funded For the Joint Tax Committee, $5,818,500 is LEGISLATIVE APPROPRIATIONS, H.R. 2209 in the Capitol buildings and grounds ac- provided, including funds for an additional Total appropriation: $2.2 billion counts under the Architect of the Capitol: 2.5 FTE’s; ($2,248,676,500); in addition, $158,189,000 will be Dome repair: $1,500,000; various improve- For the Government Printing Office, level available from receipts and reimbursements ments in House and Senate chambers: funding is provided including authority to collected by the General Accounting Office $1,230,000; renovations to the canine facility: transfer from the revolving fund; and and Library of Congress. $200,000; physical security: $625,000; design of Appropriations compared to budget re- chiller plant: $1,000,000; additional fuel and A $1.5 million management audit of GPO quest: A reduction of $145.9 million electricity costs: $1,700,000; vertical roof re- will be conducted by the General Accounting ($145,883,500) under the amounts contained in placement, Thomas Jefferson Building: Office. the President’s budget. $1,500,000; fire, safety, and telecommuni- Compared to fiscal year 1997: An increase cation improvements; and grounds and build- FISCAL YEAR 1998 LEGISLATIVE APPROPRIA- of $45,795,300 above the amount appropriated ings improvements for physically challenged TIONS, H.R. 2209—DIFFERENCES BETWEEN in fiscal year 1997. staff and visitors: $6.6 million; and $550,000 CONFERENCE AGREEMENT AND HOUSE ADOPT- Highlights: for cooling the Botanic Garden and National ED BILL Operations of the Senate: $461,055,000 plus Garden learning center. $52 million for office building maintenance; For the General Accounting Office, the On July 28, 1997, the House passed H.R. Operations of the House: $708,738,000 plus FY98 level is an increase of $8,478,000 over FY 2209, the fiscal year 1998 appropriations bill. $36.6 million for office building maintenance; 1997 and achieves a stable resource base com- The bill appropriated $1.7 billion Joint items (Joint committees, Capitol po- ing after the 25% reduction in FY 1996 and ($1,711,417,000) for the salaries and expenses lice, guide service, etc.): $12,656,500; FY 1997: of the House of Representatives, various Architect of the Capitol: $127,224,000, in- Funding for 3450 FTE’s, an increase of 137 joint items (Capitol Police, Joint Commit- cluding the Botanic Garden; jobs over the 3313 currently on board; and tees, the Guide Service, etc.), Congressional Library of Congress: $346,424,000, including funds are provided for increased travel, Budget Office, Office of Compliance, Archi- the Congressional Research Service; training, technology upgrades, and incentive tect of the Capitol (excluding Senate office Congressional Budget Office: $24,797,000; salary payments. buildings), the Library of Congress, Govern- Office of Compliance: $2,479,000; For the Library of Congress, the funding ment Printing Office, and General Account- Government Printing Office: $99,729,000, for current programs is maintained. In addi- ing Office. plus a transfer of $11,017,000 from the GPO re- tion: On July 29, 1997, the Senate passed H.R. volving fund; and $5.6 million is provided for an integrated li- General Accounting Office: $346,903,000 brary system (ILS) to replace outmoded bib- 2209 after adding funds for Senate operations total funds available, including $7,404,000 liographic systems, the initial stage of a and amending the items contained in the from offsetting collections. multi-year $40 million project; an increase in House bill for other legislative agencies. Specific items: the number of replacement playback ma- That bill totaled $2.3 billion ($2,283,746,000). The $24.6 million increase for House oper- chines from 48,000 to 55,000 for use by blind On September 17, the committee of con- ations is primarily for staff COLA’s, em- and physically handicapped readers; author- ference reported an agreement on H.R. 2209 ployee benefits, and other staff salary man- ization for the cooperative acquisitions pro- which appropriates $2.2 billion datory increases; gram which provides assistance to research ($2,248,676,500). In addition, $158 million in There is an additional $31.6 million for and academic libraries throughout the U.S.; offsetting receipts and reimbursements are Senate operations and buildings; and authority to reinvest gift fund receipts. authorized. DIFFERENCES BETWEEN HOUSE BILL AND CONFERENCE AGREEMENT

Conference agree- House bill ment Difference

New items not contained in House bill due to traditional House-Senate comity: Senate and Senate office buildings ...... $513,076,000 +$513,076,000 Senate items in Capitol buildings and grounds ...... 500,000 +500,000

Subtotal ...... 513,576,000 +513,076,000

Comparable items contained in both House and Senate bills: House and House office buildings ...... $745,919,000 745,348,000 ¥571,000 Joint items ...... 86,802,000 86,710,500 ¥91,500 Office of Compliance ...... 2,479,000 2,479,000 ...... Congressional Budget Office ...... 24,797,000 24,797,000 ...... Architect of the Capitol (excl. office buildings) ...... 85,694,000 90,114,000 +4,420,000 Library of Congress (incl. CRS) ...... 342,290,000 346,424,000 +4,134,000 Government Printing Office ...... 99,916,000 99,729,000 ¥187,000 General Accounting Office ...... 323,520,000 339,499,000 +15,979,000

Subtotal ...... $1,711,417,000 $1,735,100,500 1 +23,683,500

1 Plus 1.4 percent.

The conferees added funds to the House bill $1,000,000 was added for the design of the $625,000 was added to accelerate a replace- in three programs: The Architect of the Cap- chiller replacements necessary at the east ment program for playback machines being itol, the Library of Congress, and the Gen- refrigeration plant. Replacement units are used by blind and physically handicapped eral Accounting Office. needed because the chlrofluorocarbon cool- users of the Library’s talking book collec- Architect of the Capitol: ant is no longer available and will require an tions. The conferees added $4.4 million above the extensive replacement project; and General Accounting Office: House bill. Primarily, the increase was for The balance of the increase, $1,145,000, in- high priority projects that cannot be de- cludes several small projects and funds for The conferees added $16 million to the layed: the Conservatory staff who will be needed House bill in order to stabilize the GAO pro- $775,000 for additional fuel costs at the during the Conservatory renovation project. gram. GAO has been downsized by 25 percent power plant necessitated by the conversion Library of Congress: in funding in two years and 33 percent in of the 2 coal-fires burners to natural gas. The staff over a three year period. The conferees need for this conversion was identified after The conferees added $4.1 million above the have provided an $8 million increase over consideration of the House bill when the Ar- House bill, for two essential items: 1997 ($16 million above the House bill) to chitect was notified by local authorities that $3.8 million was added for the integrated li- power plant emissions are exceeding legal brary system project, which will replace the cover the ‘‘mandatory’’ increase necessary standards; currently outmoded bibliographic records. for the COLA’s and related employee benefits $1,500,000 was added to finish the roofing This project is ready for bid and the General for the remaining 3,450 FTE’s. There should replacement at the Thomas Jefferson Build- Accounting Office is monitoring progress. be sufficient funds for additional training, ing. The additional funds will be used to aug- Delaying this project will result in added travel (much of GAO’s work is done in the ment the current work underway so that the costs to the $40 million now estimated, and field), technology upgrades, and incentive vertical copper components of the roof are will reduce or stretch out the savings and salary payments which have been curtailed included in the job; benefits expected; and for several years. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7753

FISCAL YEAR 1998 LEGISLATIVE APPROPRIA- Representatives, various joint items (Capitol and amending the items contained in the TIONS, H.R. 2209—DIFFERENCES BETWEEN police, joint committees, the guide service, House bill for other legislative agencies. CONFERENCE AGREEMENT AND ENACTED etc.), Congressional Budget Office, Office of That bill totaled $2.3 billion ($2,283,746,000). AMOUNTS FOR FISCAL YEAR 1997 Compliance, Architect of the Capitol (excluding Senate office buildings), the Library On September 17, the committee of con- On July 28, 1997, the House passed H.R. of Congress, Government Printing Office, ference reported an agreement on H.R. 2209 2209, the FY 1998 appropriations bill. The bill and General Accounting Office. which provides appropriates $2.2 billion appropriated $1.7 billion ($1,711,417,000) for On July 29, 1997, the Senate passed H.R. ($2,248,676,500). the salaries and expenses of the House of 2209 after adding funds for Senate operations CHANGES BETWEEN HOUSE-CONSIDERED ITEMS IN THE FISCAL YEAR 1997 AMOUNTS AND FISCAL YEAR 1998 CONFERENCE AGREEMENT

Enacted fiscal Conference agree- 1997 ment Difference

New items not contained in House bill due to traditional House-Senate comity: Senate and Senate office buildings ...... $481,498,000 $513,076,000 $+31,578,000 Senate items within Capitol buildings and grounds ...... 350,000 500,000 +150,000 Subtotal ...... 481,848,000 513,576,000 +31,728,000

Comparable items contained in both House and Senate bills: House and House office buildings ...... 716,654,200 745,348,000 +28,693,800 Joint items ...... 88,581,000 86,710,500 ¥1,870,500 Office of Compliance ...... 2,609,000 2,479,000 ¥130,000 Congressional Budget Office ...... 24,532,000 24,797,000 +265,000 Architect of the Capitol ...... 113,633,000 90,114,000 ¥23,519,000 Library of Congress (incl CRS) ...... 331,758,000 346,424,000 +14,666,000 Government Printing Office ...... 110,746,000 99,729,000 ¥11,017,000 General Accounting Office ...... 332,520,000 339,499,000 +6,979,000

Subtotal ...... 1,721,033,200 1,735,100,500 1 +14,067,300 1 Plus 0.8 percent.

Mr. WALSH. Mr. Speaker, I reserve necessary to stabilize its staffing after Mr. ADERHOLT. Mr. Speaker, I rise today the balance of my time. 2 years of major downsizing. to speak out against an increase in pay for Mr. SERRANO. Mr. Speaker, I yield I should also mention the Joint Com- Members of Congress. myself such time as I may consume. mittee on Taxation. Some have charac- The Federal Government is still spending Mr. Speaker, I rise in support of the terized House Democrats’ efforts to re- more than it takes in. Despite the fact that we conference report on H.R. 2209, the Leg- duce a requested increase of 12 staff po- have passed the historic balanced budget bill islative Branch Appropriations Act for sitions, or 20 percent, for Joint Com- which will balance the budget by 2002, until 1998. This has not been an easy year for mittee on Taxation for the year after that date, we are still adding to the national this bill, but the gentleman from New the historic tax bill as partisan. Let me debt that we will pass onto the next generation York, Chairman WALSH, has worked ex- point out that Senators are, at least, as of Americans. I believe to allow a pay raise for ceptionally hard to keep the bill mov- dissatisfied with JCT, and, at least, as Members of Congress at this point in time is ing and to forge a decent compromise insistent on reining it in as we are. not the responsible thing to do. Congress should not be increasing its pay in conference. He deserves great praise The concerns about the committee’s while we have such a large national debt, es- for his work, and I personally also role in making tax policy, its chief of pecially when we are adding to that debt every wanted to thank the gentleman for the staff, remember, acknowledged that to- way he has treated me with dignity day. This is one reason I am cosponsoring bacco lobbyists wrote the secret to- H.R. 632, the Balance the Budget First Act of and respect and our staff. bacco tax break that surfaced in the 1997, introduced by Congressman JON Mr. Speaker, it is our responsibility bill, and its responsiveness to Members on this subcommittee to provide the CHRISTENSEN. This legislation not only repeals are completely bipartisan. Indeed, the the automatic pay increase for Members of people’s branch of our Government chairman of the Senate subcommittee with the resources needed to carry out Congress, but it also expresses the sense of was harshly critical of the Joint Com- the Congress that pay of Members of Con- our legislative and oversight functions mittee on Taxation in conference. He effectively, although some in this gress should not be increased until the Fed- was the author of bill language that eral budget has been balanced. House do not seem to understand that. would have cut the JCT increase to 1 We must also consider the health and I appreciate that under current law, the pay staff position and required JCT to use increase for Members of Congress is tied to safety of all who work in and visit the that position to assist Members who the pay increase for the Federal Judiciary. Capitol complex and the physical in- are not on the Tax Committees. That is why I am an original cosponsor of H.R. tegrity of this Capitol building and the In conference, the Senate gave in on 2517, introduced by my colleague from Ala- other historic structures on our cam- this bill language, but pressed very bama, Congressman BOB RILEY. This legisla- pus. Again, we sometimes run into the hard for compromise report language tion, like H.R. 632, would eliminate the auto- problem of some Members do not seem found on page 26 of the conference re- matic pay increase only for Members of Con- to care about that. There are necessary port that puts joint tax on notice with gress, not for Members of the Federal Judici- investments that still cannot be made the following: That both House and ary. within the spending limits of this bill. Senate Members expect timely and re- I hope that we will have the good sense to However, on balance the conferees have sponsive assistance with revenue esti- listen to the American people and prevent this moved the bill in the right direction. mates, regardless of the committees pay increase for Members of Congress. For the House alone, the conference they sit on; the conferees will monitor Mr. SERRANO. Mr. Speaker, I yield report is about $25 million, or 3.6 per- the committee’s responsiveness, and, if back the balance of my time. cent, above fiscal year 1997, which is improvements are not evident, the con- Mr. WALSH. Mr. Speaker, I yield not an unreasonable increase. ferees may take statutory action next back the balance of my time. The SPEAKER pro tempore (Mr. BE- b 1315 year. REUTER). Without objection, the pre- So, we see the frustrations are real Not counting Senate items, the con- vious question is ordered on the con- and held on both sides of the aisle and ference report totals not quite $14 mil- ference report. lion, or less than 1 percent above fiscal on both sides of the dome. The leader- There was no objection. year 1997. Levels in the conference re- ship of the Tax Committee should take The SPEAKER pro tempore. The port are modestly increased from the note of this. question is on the conference report. House bill for the Architect of the Cap- Mr. Speaker, in closing, I support Pursuant to clause 7 of rule XV, the itol and the Library of Congress. The this conference report and urge my col- yeas and nays are ordered. biggest difference between the House leagues to support it so we can get the The vote was taken by electronic de- bill and the conference report is in bill enacted before the start of fiscal vice, and there were—yeas 309, nays GAO, which would receive the funding year 1998 next week. 106, not voting 18, as follows: H7754 CONGRESSIONAL RECORD — HOUSE September 24, 1997 [Roll No. 432] Upton Waxman Wise The vote was taken by electronic de- Velazquez Weldon (FL) Wolf YEAS—309 Vento Weldon (PA) Woolsey vice, and there were—ayes 82, noes 325, Visclosky Wexler Wynn not voting 26, as follows: Abercrombie Ford McKinney Walsh Weygand Yates Ackerman Fowler McNulty [Roll No. 433] Wamp White Young (AK) Aderholt Frank (MA) Meehan Waters Whitfield Young (FL) AYES—82 Allen Franks (NJ) Meek Watt (NC) Wicker Andrews Frelinghuysen Menendez Ackerman Ford Moakley Archer Frost Metcalf NAYS—106 Allen Frank (MA) Myrick Bachus Furse Mica Andrews Furse Nadler Barcia Harman Royce Baesler Gallegly Millender- Barrett (WI) Gejdenson Neal Barr Hastings (WA) Rush Baker Ganske McDonald Bartlett Gephardt Obey Barrett (WI) Hayworth Salmon Baldacci Gekas Miller (FL) Becerra Harman Olver Barton Hefley Sanford Ballenger Gephardt Mink Berry Hefner Pallone Becerra Hill Scarborough Barrett (NE) Gilchrest Moakley Blumenauer Hostettler Pascrell Berry Hilleary Schaefer, Dan Bartlett Gillmor Mollohan Bonior Jefferson Pelosi Bilirakis Hooley Schaffer, Bob Bass Gilman Moran (VA) Borski Johnson (WI) Rodriguez Blunt Hostettler Schumer Bateman Goodlatte Morella Brown (OH) Johnson, E. B. Sawyer Brady Hulshof Sensenbrenner Bentsen Gordon Cardin Kaptur Scott Murtha Bryant Hutchinson Shadegg Bereuter Goss Clay Kennedy (MA) Slaughter Nadler Bunning Johnson, E. B. Shays Berman Granger Clyburn Kennedy (RI) Stark Neal Burr Jones Sherman Bilbray Greenwood Conyers Kennelly Strickland Nethercutt Carson Kind (WI) Shimkus Bishop Gutknecht Coyne Kilpatrick Stupak Ney Chabot Kucinich Skelton Blagojevich Hall (OH) Davis (FL) Kind (WI) Tauscher Northup Chenoweth Lampson Slaughter Bliley Hamilton DeFazio Lampson Thompson Norwood Clement Largent Smith (MI) Blumenauer Hansen Delahunt Levin Tierney Oberstar Clyburn Lewis (KY) Smith, Linda Boehlert Hastert DeLauro Lewis (GA) Torres Obey Coburn LoBiondo Souder Boehner Hefner Deutsch Lowey Towns Olver Condit Lofgren Stabenow Bonior Herger Doggett Maloney (NY) Visclosky Ortiz Conyers Luther Stark Bono Hilliard Eshoo McDermott Waters Owens Costello Maloney (CT) Stearns Borski Hinchey Evans McGovern Waxman Oxley Cox McHale Stenholm Boswell Hinojosa Farr McNulty Woolsey Packard Davis (IL) Miller (CA) Strickland Boucher Hobson Fattah Meehan Yates Pallone DeFazio Minge Stump Boyd Hoekstra Fazio Miller (CA) Pappas Deutsch Moran (KS) Stupak Brown (CA) Holden Filner Mink Pascrell Doggett Myrick Tauscher Brown (FL) Horn Pastor Ensign Neumann Taylor (MS) Brown (OH) Houghton NOES—325 Paxon Eshoo Nussle Thompson Burton Hoyer Abercrombie Cunningham Payne Fox Paul Thurman Hilliard Buyer Hyde Aderholt Danner Pelosi Gejdenson Pease Traficant Hinchey Callahan Istook Archer Davis (IL) Peterson (PA) Gibbons Poshard Turner Hinojosa Calvert Jackson (IL) Armey Davis (VA) Petri Goode Radanovich Watkins Hobson Camp Jackson-Lee Bachus Deal Pickering Goodling Ramstad Watts (OK) Hoekstra Campbell (TX) Baker DeGette Pickett Green Riley Weller Holden Canady Baldacci DeLay Jefferson Pitts Gutierrez Roemer Hooley Cannon Ballenger Dellums Jenkins Pombo Hall (TX) Roukema Horn Capps John Pomeroy Barcia Diaz-Balart Houghton Cardin Johnson (CT) Porter NOT VOTING—18 Barr Dickey Hoyer Castle Johnson (WI) Price (NC) Barrett (NE) Dicks Hulshof Armey Gonzalez Parker Chambliss Johnson, Sam Pryce (OH) Barton Dingell Hutchinson Bonilla Graham Peterson (MN) Christensen Kanjorski Quinn Bass Dixon Inglis Coble Hastings (FL) Portman Clay Kaptur Rahall Bateman Dooley Istook Emerson Hunter Schiff Clayton Kelly Rangel Bentsen Doolittle Jackson (IL) Flake Inglis Smith (OR) Collins Kennedy (MA) Redmond Bereuter Doyle Jackson-Lee Foglietta Kasich Spratt Combest Kennedy (RI) Regula Bilbray Dreier (TX) Cook Kennelly Reyes b Bilirakis Duncan Jenkins Cooksey Kildee Riggs 1341 Bishop Dunn John Coyne Kilpatrick Rivers Ms. SLAUGHTER, Mrs. MYRICK, Blagojevich Edwards Johnson (CT) Cramer Kim Rodriguez Bliley Ehlers Johnson, Sam Crane King (NY) Rogan Mrs. TAUSCHER, and Messrs. BRY- Blunt Ehrlich Jones Crapo Kingston Rogers ANT, DAVIS of Illinois, RILEY, SKEL- Boehlert Emerson Kanjorski Cubin Kleczka Rohrabacher TON, GIBBONS, and HILLEARY, Ms. Boehner Engel Kasich Cummings Klink Ros-Lehtinen EDDY BERNICE JOHNSON of Texas, Bono English Kelly Cunningham Klug Rothman Boswell Ensign Kildee Danner Knollenberg Roybal-Allard Ms. ESHOO, and Messrs. COX of Cali- Boucher Etheridge Kim Davis (FL) Kolbe Ryun fornia, BARR of Georgia, LAMPSON, Boyd Everett King (NY) Davis (VA) LaFalce Sabo SMITH of Michigan, FOX of Pennsylva- Brady Ewing Kingston Deal LaHood Sanchez Brown (CA) Fawell Kleczka DeGette Lantos Sanders nia, CLEMENT, and HAYWORTH Brown (FL) Foley Klink Delahunt Latham Sandlin changed their vote from ‘‘yea’’ to Bryant Forbes Klug DeLauro LaTourette Sawyer ‘‘nay.’’ Bunning Fowler Knollenberg DeLay Lazio Saxton So the conference report was agreed Burton Fox Kolbe Dellums Leach Scott Callahan Franks (NJ) Kucinich Diaz-Balart Levin Serrano to. Calvert Frelinghuysen LaFalce Dickey Lewis (CA) Sessions The result of the vote was announced Camp Gallegly LaHood Dicks Lewis (GA) Shaw as above recorded. Campbell Ganske Lantos Dingell Linder Shuster Canady Gibbons Largent Dixon Lipinski Sisisky A motion to reconsider was laid on Cannon Gilchrest Latham Dooley Livingston Skaggs the table. Capps Gillmor LaTourette Doolittle Lowey Skeen f Carson Gilman Lazio Doyle Lucas Smith (NJ) Castle Goode Leach Dreier Maloney (NY) Smith (TX) Chabot Goodlatte Lewis (CA) Duncan Manton Smith, Adam MOTION TO ADJOURN Chambliss Goodling Lewis (KY) Dunn Manzullo Snowbarger Mr. TIERNEY. Mr. Speaker, I move Chenoweth Gordon Linder Edwards Markey Snyder Christensen Goss Lipinski Ehlers Martinez Solomon that the House do now adjourn. Clayton Graham Livingston Ehrlich Mascara Spence The SPEAKER. The question is on Clement Granger LoBiondo Engel Matsui Stokes the motion to adjourn offered by the Coble Green Lofgren English McCarthy (MO) Sununu gentleman from Massachusetts [Mr. Coburn Gutknecht Lucas Etheridge McCarthy (NY) Talent Collins Hall (OH) Luther Evans McCollum Tanner TIERNEY]. Combest Hall (TX) Maloney (CT) Everett McCrery Tauzin The question was taken; and the Condit Hamilton Manton Ewing McDade Taylor (NC) Speaker announced that the noes ap- Cook Hansen Manzullo Farr McDermott Thomas Costello Hastert Mascara Fattah McGovern Thornberry peared to have it. Cox Hastings (WA) Matsui Fawell McHugh Thune RECORDED VOTE Cramer Hayworth McCarthy (MO) Fazio McInnis Tiahrt Mr. TIERNEY. Mr. Speaker, I de- Crane Hefley McCarthy (NY) Filner McIntosh Tierney Crapo Herger McCollum Foley McIntyre Torres mand a recorded vote. Cubin Hill McCrery Forbes McKeon Towns A recorded vote was ordered. Cummings Hilleary McDade September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7755 September 30, 1998, and for other purposes. (Mr. DREIER asked and was given McHale Portman Smith (MI) The first reading of the bill shall be dis- permission to revise and extend his re- McHugh Poshard Smith (NJ) pensed with. General debate shall be con- McInnis Price (NC) Smith (OR) marks and include extraneous mate- McIntosh Pryce (OH) Smith (TX) fined to the bill and shall not exceed one hour equally divided and controlled by the rial.) McIntyre Quinn Smith, Adam Mr. DREIER. Mr. Speaker, this rule McKeon Radanovich Smith, Linda chairman and ranking minority member of McKinney Rahall Snowbarger the Committee on Appropriations. After gen- makes in order H.R. 2267, the Depart- Meek Ramstad Snyder eral debate the bill shall be considered for ments of Commerce, Justice and State, Menendez Rangel Solomon amendment under the five-minute rule. The and related agencies appropriations Metcalf Redmond Souder amendment printed in part 1 of the report of bill for fiscal year 1998 under an open Mica Regula Spence the Committee on Rules accompanying this rule. It waives all points of order Millender- Reyes Spratt resolution shall be considered as adopted in McDonald Riggs Stabenow against provisions of the bill as amend- the House and in the Committee of the Miller (FL) Riley Stearns ed by this rule, containing unauthor- Minge Rivers Stenholm Whole. The bill, as amended, shall be consid- Mollohan Roemer Stokes ered as the original bill for the purpose of ized appropriations or constituting leg- Moran (KS) Rogan Stump further amendment. Points of order against islation in appropriations bills. Moran (VA) Rogers Sununu provisions in the bill, as amended, for failure The rule self-executes the adoption of Morella Rohrabacher Talent to comply with clause 2 or 6 of rule XXI are an amendment contained in the Com- Murtha Ros-Lehtinen Tanner waived. Before consideration of any other mittee on Rules report providing for Nethercutt Rothman Tauzin amendment it shall be in order to consider Neumann Roybal-Allard Taylor (MS) judicial review of census sampling. It the amendment numbered 1 in part 2 of the Ney Royce Thomas also makes in order three additional report of the Committee on Rules, if offered Northup Rush Thornberry amendments contained in the report Norwood Ryun Thune by the Member designated in the report, Nussle Salmon Thurman which may amend portions of the bill not yet and provides the appropriate waivers. Oberstar Sanchez Tiahrt read for amendment. The amendments print- The rule also contains the standard Ortiz Sandlin Traficant ed in part 2 of the report of the Committee procedures for priority recognition of Owens Sanford Turner on Rules may be offered only by a Member amendments and the rolling of votes on Oxley Saxton Upton designated in the report and, except for the amendments, as the reading clerk has Packard Scarborough Velazquez amendment numbered 1, may be offered only Pappas Schaefer, Dan Walsh outlined. at the appropriate point in the reading of the Parker Schaffer, Bob Wamp Mr. Speaker, this is a very reason- bill. The amendments in part 2 of the report Pastor Schumer Watkins able rule that allows the House to work Paul Sensenbrenner Watt (NC) of the Committee on Rules shall be consid- Paxon Serrano Watts (OK) ered as read, shall be debatable for the time its will on a number of very conten- Payne Sessions Weldon (FL) specified in the report equally divided and tious issues. It provides several options Pease Shadegg Weller controlled by the proponent and an oppo- for dealing with the issue of reimburs- Peterson (MN) Shaw Weygand nent, shall not be subject to amendment, and ing individuals paid by the Clerk of the Peterson (PA) Shays White shall not be subject to a demand for division Petri Sherman Whitfield House for legal expenses in conjunction of the question in the House or in the Com- Pickering Shimkus Wicker with an unjustified Department of Jus- Pickett Shuster Wise mittee of the Whole. All points of order against the amendment numbered 2 in part 2 tice prosecution. Pitts Sisisky Wolf It provides for the consideration of Pombo Skaggs Wynn of the report of the Committee on Rules are Pomeroy Skeen Young (AK) waived. Points of order against the amend- compromise language in the form of an Porter Skelton Young (FL) ments numbered 1 and 3 in part 2 of the re- amendment by the gentleman from In- NOT VOTING—26 port of the Committee on Rules for failure to diana [Mr. BURTON], the chairman of comply with clause 2 of rule XXI are waived. the Committee on Government Reform Baesler Gekas Roukema During consideration of the bill for further Berman Gonzalez Sabo and Oversight, dealing with the Legal Bonilla Greenwood Sanders amendment, the Chairman of the Committee Services Corporation. Burr Gutierrez Schiff of the Whole may accord priority in recogni- The rule also provides for a Mollo- Buyer Hastings (FL) Taylor (NC) tion on the basis of whether the Member of- han-Shays alternative on funding for Cooksey Hunter Vento fering an amendment has caused it to be Flake Hyde Weldon (PA) printed in the portion of the CONGRESSIONAL Census 2000 and the use of funds for ac- Foglietta Markey Wexler RECORD designated for that purpose in clause tivities related to sampling. Frost Martinez 6 of rule XXIII. Amendments so printed shall At the request of the minority, the b 1402 be considered as read. The Chairman of the Committee on Rules increased the de- Committee of the Whole may: (1) postpone bate time on that amendment from 30 Mr. THUNE and Ms. HOOLEY of Or- until a time during further consideration in minutes to 80 minutes. egon changed their vote from ‘‘aye’’ to the Committee of the Whole a request for a Mr. Speaker, we have every right to ‘‘no.’’ recorded vote on any amendment; and (2) re- be concerned about the Census Bu- So the motion to adjourn was reduce to five minutes the minimum time for reau’s proposal to use statistical sam- jected. electronic voting on any postponed question that follows another electronic vote without pling to determine our Nation’s popu- The result of the vote was announced lation, especially since our U.S. Con- as above recorded. intervening business, provided that the minimum time for electronic voting on the first stitution very specifically states ac- f in any series of questions shall be fifteen tual enumeration should take place. PROVIDING FOR CONSIDERATION minutes. At the conclusion of consideration Statistical sampling is fraught with OF H.R. 2267, DEPARTMENTS OF of the bill for amendment the Committee the potential for abuse. shall rise and report the bill, as amended, to COMMERCE, JUSTICE, AND One can only imagine how an admin- the House with such further amendments as istration policy which has actually led STATE, THE JUDICIARY, AND RE- may have been adopted. The previous ques- LATED AGENCIES APPROPRIA- tion shall be considered as ordered on the to the registration of noncitizens with TIONS ACT, 1998 bill and amendments thereto to final passage criminal records to vote could also potentially lead to the abuse of statis- Mr. DREIER. Mr. Speaker, by direc- without intervening motion except one motion to recommit with or without instruc- tical sampling. tion of the Committee on Rules, I call tions. I would like to commend the gen- up House Resolution 239 and ask for its The SPEAKER pro tempore (Mr. tleman from Kentucky [Mr. ROGERS], immediate consideration. LAHOOD). The gentleman from Califor- the chairman, for his tremendous effort The Clerk read the resolution, as fol- nia [Mr. DREIER] is recognized for 1 in putting together a bill that reflects lows: hour. our Nation’s values and priorities. It H. RES. 239 Mr. DREIER. Mr. Speaker, for the provides additional funding for State Resolved, That at any time after the adop- purpose of debate only, I yield the cus- and local law enforcement, juvenile tion of this resolution the Speaker may, pur- tomary 30 minutes to my very good crime control, State prison grants and suant to clause 1(b) of rule XXIII, declare the friend, the gentleman from Dayton, OH drug enforcement, including efforts to House resolved into the Committee of the Whole House on the state of the Union for [Mr. HALL], pending which I yield my- stop drug trafficking across our bor- consideration of the bill (H.R. 2267) making self such time as I may consume. Dur- ders. appropriations for the Departments of Com- ing consideration of this resolution, all The bill recognizes the ongoing finan- merce, Justice, and State, the Judiciary, and time yielded is for the purpose of de- cial burden that States bear for incar- related agencies for the fiscal year ending bate only. ceration of illegal aliens. States such H7756 CONGRESSIONAL RECORD — HOUSE September 24, 1997 as my State of California and others to offer amendments as long as those tremely low unemployment rates, the heavily impacted by illegal immigra- amendments do not violate House number of meat packing plants and tion will be able to finally get addi- rules. other labor-intensive industries, and tional relief from those burdens. Also the rule itself executes an the two major interstate highways The bill also contains very important amendment by the gentleman from Il- which cross our two States, I–80 and I– funding for the National Endowment linois [Mr. HASTERT] substituting new 29. The Immigration and Naturaliza- for Democracy, which has played a key language for a provision in the bill re- tion Service, the INS district office in role in the peaceful transitions to de- garding statistical sampling in the 2000 Omaha which covers all of Nebraska mocracy in Poland, Chile, and South census. and all of Iowa, has responded to 25 Africa. On a budget of just $30 million, In addition, the rule waives points of alien smuggling cases, and I say re- Mr. Speaker, the National Endowment order against three proposed floor sponded because there are many that for Democracy works in over 90 coun- amendments. One of these, to be of- they have not been able to respond to, tries helping democratic forces. Coun- fered by the gentleman from West Vir- and they have arrested 754 illegal tries like China, Cuba, Burma, Iraq, ginia [Mr. MOLLOHAN] and the gen- aliens since October 1, 1996. As I said, the Sudan, Nigeria, and the Republics tleman from Connecticut [Mr. SHAYS], they could not respond to some ap- of the former Yugoslavia have bene- is a bipartisan effort to resolve a con- proximately 55 possible instances of fited from programs of the National flict over statistical sampling in the alien smuggling involving 382 suspected Endowment for Democracy. census. I appreciate the Committee on illegal aliens in Nebraska and Iowa be- In China, the International Repub- Rules making this amendment in cause the resources needed to respond lican Institute, an organization with order. Unless this amendment passes to were unavailable. which I am happy to be affiliated, has change the bill’s census provision, the The INS Omaha district office has a made tremendous strides in bringing administration will consider vetoing staff of 19 special agents who handle all real democratic reforms in village elec- the bill. the enforcement responsibilities in the tions across that country. By educat- Also, the rule also makes in order an States of Iowa and Nebraska. The INS ing over 500 million Chinese people in amendment by the gentleman from Il- office in Denver has, on the other hand, the principles of democracy, the Inter- linois [Mr. HYDE] concerning the pay- 44 special agents, and the INS office in national Republican Institute and the ment of litigation expenses when a de- Kansas City has 32 special agents. National Endowment for Democracy fendant prevails in Federal prosecu- While several of the larger districts in are creating the foundations for a more tion. The administration also here has the INS central region have anti-smug- prosperous and democratic China. threatened to veto the bill if this gling units in place, the district cover- Mr. Speaker, since history shows amendment is included because of the ing Nebraska and Iowa does not. that nations living under freely elected chilling effect it could have on Federal September 3 to September 5 the INS democracies are not military aggres- prosecutions. district office responded to 2 cases of sors, spending a few million dollars for I want to point out that the bill in- suspected alien smuggling, apprehend- democracy building today will save bil- cludes $2 million for Small Business ing 2 groups, one containing 33 illegal lions of dollars later in defense spend- Development Center defense economic aliens and one containing 18 illegal ing because there will be fewer threats transition initiatives. This assists aliens. However, it did not respond to a to our national security or our inter- small businesses that make the transi- third incident concerning 14 suspected ests. tion to a peaceful economy after the illegal aliens. The reason given by the The bill also reduces funding for the end of the cold war. And one of the cen- INS district office was to respond to Department of Commerce while main- ters is located in Kettering, OH, which groups of illegal aliens smaller than 15 taining the necessary resources to is in my district. It has a very success- is discretionary, given its limited capa- monitor and enforce our trade agree- ful record of helping former employees bility, and on that day the Omaha of- ments, preserve core scientific proof the Defense Electronics Supply Cen- fice did not have the necessary staff grams, and refocus the Department to- ter of Kettering which was closed available due to the fact that some of ward its basic functions of trade pro- through the defense base closure proc- those personnel from the Omaha office motion and public safety. ess. It has also helped with transition were on assignment in Guatemala, El Mr. Speaker, this rule does not at- of the Energy Department’s Salvador, and south Texas. tempt to hide the fact that there are a Miamisburg Mound plant which shut This is a prime example, I believe, of number of, as I said earlier, conten- down its nuclear weapons operation. the limitations placed on this district tious issues in this bill, but it deals Mr. Speaker, the Committee on Rules office’s enforcement duties because of with those issues in a fair and balanced reported this rule in a voice vote, and limited resources. It is clear that the way that allows all sides to be heard, I would urge adoption of this open rule Omaha INS district office needs more and ultimately the House will work its and of the bill. personnel and specifically designating will. Mr. Speaker, I reserve the balance of an antismuggling unit; this problem is my time. not being addressed. b 1415 Mr. DREIER. Mr. Speaker, I yield 3 In closing, this statement is intended So, Mr. Speaker, I urge my col- minutes to the gentleman from Ne- to provide additional information ex- leagues’ support of both the rule and of braska [Mr. BEREUTER], my very good plaining the reason for a colloquy that the bill. friend from Lincoln, the chairman of will be conducted with the chairman of Mr. Speaker, with that I reserve the the Subcommittee on International the appropriation subcommittee, the balance of my time. Economic Policy and Trade. gentleman from Kentucky [Mr. ROG- Mr. HALL of Ohio. Mr. Speaker, I (Mr. BEREUTER asked and was ERS], by the gentlemen from Iowa, Ne- yield myself such time as I may given permission to revise and extend braska. It is an important issue for my consume. his remarks.) constituents and the States of Ne- Mr. Speaker, I want to thank my col- Mr. BEREUTER. Mr. Speaker, I do braska and Iowa, and it cannot be over- league, the gentleman from California rise in support of the rule, and I thank looked. [Mr. DREIER] for yielding me the time. the gentleman for yielding me this I thank the gentleman for yielding This is an open rule. It will allow full time, but I wanted to take this oppor- me this time. and fair debate on H.R. 2267, which is a tunity to speak about a subject that Mr. HALL of Ohio. Mr. Speaker, I bill that makes appropriations for the will be covered by the legislation yield 1 minute to the gentleman from Department of Commerce, Justice, and which this rule makes in order, and Wisconsin [Mr. OBEY]. State and related agencies. that is the growing problem of alien Mr. OBEY. Mr. Speaker, I simply Under the rule, germane amendments smuggling facing Nebraska and other want to make certain that Members on will be allowed under the 5-minute rule Midwestern States. both sides of the aisle understand that and the normal amending process in Mr. Speaker, Nebraska and Iowa are if they are interested in either party’s the House. All Members on both sides a major destination today for illegal position on the census question and on of the aisle will have the opportunity aliens and alien smugglers due to ex- sampling, there is absolutely no reason September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7757 whatsoever to vote against this rule. I am especially pleased that the bill I will not address the details of the The rule provides on a self-executing provides a $100 million increase for the sampling amendment at this time; basis for the insertion of what will be State criminal alien assistance pro- however, I do want to let my col- considered the Republican preference gram. By fully funding this program we leagues know that both Chairman ROG- on the issue. It also provides a straight have acknowledged the dilemma that ERS and I worked diligently in good opportunity for the gentleman from States like Florida face every day in a faith to try to reach an acceptable West Virginia [Mr. MOLLOHAN] to offer big way, how to pay for the incarcer- compromise on this issue. However, in an amendment which would in essence ation of criminal illegal aliens, and un- the end we were unable to reach an allow sampling to go forward, as is the fortunately we have too many in Flor- agreement, and the Hastert language Democratic preference. ida. Securing our borders is a Federal has at least two fatal flaws which have So, on either side of the aisle there is responsibility. So when we fail to do forced us to offer this substitute Mollo- no reason to oppose this rule. Both that, live up to that responsibility, we han-Shays amendment. sides have been accommodated fully. need to face up to the consequences It is important to note that the Mr. DREIER. Mr. Speaker, I yield 3 and provide the States with the nec- President’s senior advisers will rec- minutes to the gentleman from essary resources to do the job we could ommend that he veto this bill if it is Sanibel, FL [Mr. GOSS], the chairman not do in Washington. passed in its current form. The new fis- of the Subcommittee on Legislative The bill also makes a strong case cal year is almost upon us, Mr. Speak- and Budget Process and, of course, the about our commitment to winning the er, and it is time that we pass this bill chairman of the Permanent Select war on drugs rather than just accept- and send it to the President for his sig- Committee on Intelligence. ing stalemate. I am fully supportive of nature. If the Mollohan-Shays amend- Mr. GOSS. Mr. Speaker, I thank the the $34 million allocation for a new ment is not adopted, we jeopardize the distinguished gentleman from greater Caribbean antidrug initiative as part of future of all funding provided in this San Dimas, CA, and the surrounding the overall increase in funding for drug important measure. metropolitan area, the gentleman from enforcement. The rule before us today also allows California [Mr. DREIER], the vice chair- Mr. Speaker, we know this bill is not for a consideration of an additional man of the Committee on Rules, for perfect. The Economic Development amendment that I, along with the gen- yielding time. I rise in support of this Administration, a relic of what I would tleman from Pennsylvania [Mr. FOX], open rule. This continues a trend of call the Great Society, remains intact intend to offer. It will increase funding fair and responsible rules to get us despite mountains of testimony to its for Legal Services by $109 million, and through this year’s appropriation proc- ineffectiveness, and to that end I sup- I urge my colleagues to support this ess in an orderly fashion despite per- port the gentleman from Colorado [Mr. amendment. It is very similar to the haps what some might call some dila- HEFLEY] in his effort to scale back the one that was proposed and adopted last tory tactics now and then. EDA to the Senate-passed level. year. I would like to begin by congratulat- But overall this is a good bill, it de- In conclusion, this is a fair rule ing the gentleman from Kentucky [Mr. serves our support, and as we have which allows for an open debate on the ROGERS] and the gentleman from West heard testimony from both sides of the merits of sampling on the floor, and Virginia [Mr. MOLLOHAN] for their aisle, there is no reason not to support other important issues, and I urge my work on this important package. It is the rule. So let us pass the rule and get colleagues to support the rule, Mr. not a perfect bill, as we all know, but on with the debate and finish this ap- Speaker. given some very fiscal and political propriations bill. Mr. GOSS. Mr. Speaker, we do not at constraints that are real I think they Mr. HALL of Ohio. Mr. Speaker, I this time have any additional speakers. have done an extraordinary job. yield 5 minutes to the gentleman from I do not know what the status of the This appropriations bill, probably West Virginia [Mr. MOLLOHAN]. other side is. more than any other that we have, Mr. MOLLOHAN. Mr. Speaker, I Mr. HALL of Ohio. Mr. Speaker, I demonstrates the importance of mak- thank the gentleman from Ohio for yield 2 minutes to the gentlewoman ing tough choices when we are spend- yielding this time to me. from Florida [Mrs. MEEK]. ing our precious tax dollars. There are Mr. Speaker, I rise in support of the (Mrs. MEEK of Florida asked and was obviously many national priorities rule. I would like to take this oppor- given permission to revise and extend housed in the agencies and programs tunity to thank the distinguished her remarks.) funded by this particular legislation. chairman of the Committee on Rules, Mrs. MEEK of Florida. Mr. Speaker, I Fighting crime, winning the war on the gentleman from New York [Mr. stand to support the Mollohan-Shays drugs, representing our interests over- SOLOMON], and the distinguished rank- amendment and the rule. seas, securing our national borders are ing member, the gentleman from Mas- Today I think this is a good rule. It just prime among many others. There sachusetts [Mr. MOAKLEY], for their permits the Census Bureau to continue are also clearly some wasteful pro- fair consideration of the issues and for planning for use of sampling. grams and agencies that come under this rule. I am pleased that the Com- The census always fails, Mr. Speaker, the Commerce-Justice-State label that mittee on Rules recommended an open to count some people, but the under need to be trimmed back, perhaps rule for consideration of this bill that count is always higher among blacks phased out altogether, something we allows all Members on both sides of the and minorities, and if my colleagues shall no doubt discuss through the de- aisle the opportunity to debate these can look at these data here which show bate under this open rule. serious issues thoroughly. the last six censuses and the under As a starting point for that discus- Although this rule self-executes the count that occurred at that time, they sion this bill does a good job of increas- Hastert amendment related to judicial will note here beginning in 1940 each ing our commitment in the highest pri- review of the 2000 census, it also makes census, in each census the under count ority areas while scaling back expendi- in order a substitute to be offered by for blacks was more than 3 percent tures on what many consider lower pri- myself and the gentleman from Con- larger than it was for the whites. ority items. For example, the bill pro- necticut [Mr. SHAYS]. While I am b vides $300 million for a new juvenile strongly opposed to the Hastert lan- 1430 crime block grant that helps States at- guage, I appreciate the Rules Commit- The difference between the black tack a growing threat of crime in our tee making the Mollohan-Shays undercount and the white undercount, communities. I think that will be well amendment in order and providing for Mr. Speaker, was greater, as you can received. The incredible rise in crimes such a generous time for debate. Let see, in the 1990 census, which is here. In committed by young people is known me also thank my chairman, the gen- the 1990 census, 4.4 percent among everywhere. This trend has hit hard in tleman from Kentucky [Mr. ROGERS] blacks, more than any other census my district, too, in southwest Florida. for supporting my request for the Com- since the beginning of the count of the These dollars will enable local folks to mittee on Rules. It is in keeping with census. The 1990 census failed to count develop local solutions, and they seem his overall constructive approach to 1.4 million African-Americans. It also to work. legislating. failed to count 2.6 million. So I am here H7758 CONGRESSIONAL RECORD — HOUSE September 24, 1997 to say to Members that this particular census, tax dollars will continue to be by statute constitute the U.S. Supreme rule hopefully will support later on a wasted. Including census sampling in Court as an advisory body to tell us in greater accountability in our census. the next census will ensure we have the advance of what happens. But the percentage of blacks that were fairest, most accurate census in our There is an amendment that says you not counted in 1990, 5.7 percent, was Nation’s history. cannot go forward with the census much larger than the percentage of The irony is that the politicians, who sampling until the Supreme Court has whites not counted in 1990, which was when the chips are down spend hun- decided it, but the Supreme Court will 1.3 percent, as we can see from the dreds of thousands of dollars based on disregard this. Have we not learned chart. If we look here, those of us who sampling techniques, are not willing to from what happened with the line-item can see the chart here, it was much allow this methodology to be used to veto? The requirement that there be an greater in 1990. guarantee an accurate and fair census. actual case or controversy and an ag- Not counting, Mr. Speaker, African- That is an outrage. grieved party is something that is Americans in the census did not origi- Mr. HALL of Ohio. Mr. Speaker, I strictly enforced by the U.S. Supreme nate recently; it originated with the yield one minute to the gentleman Court. Founders of the Constitution when from North Carolina [Mr. WATT]. Mr. Speaker, if Members want to ban they put in Article I, section 2 of the Mr. WATT of North Carolina. Mr. sampling, they ought to offer that as a Constitution, way back in 1788. Speaker, I thank the gentleman for vote. I would not be for it. But no one To summarize, I am showing here yielding me this time. should console themselves that we can that more blacks than non-blacks have Mr. Speaker, I rise in support of the vote to have the Supreme Court by our been missed in the census. This rule is rule because the rule allows this bill to instruction take a case which constitu- a good rule. It is a rule that under- be amended freely and this bill needs tionally they will not take and then stands that every American should be to be amended. It allows an amend- have solved the problem. counted. The undercount has been sig- ment to increase funding for the Legal Mr. HALL of Ohio. Mr. Speaker, I nificant. Let us be sure this time that Services Corporation, which we need to yield 11⁄2 minutes to the gentleman we have an appropriate count. do, and it allows an amendment to from New Jersey [Mr. PASCRELL]. Mr. HALL of Ohio. Mr. Speaker, I have a fair census, which we need to Mr. PASCRELL. Mr. Speaker, I yield two minutes to the gentleman do. thank the gentleman for yielding me from Oregon [Mr. BLUMENAUER]. We are going to hear arguments time, and rise in support of the rule Mr. BLUMENAUER. Mr. Speaker, I about which party benefits maybe from and the Mollohan-Shays amendment. am here today to express my support a revised census count, but this is not Mr. Speaker, we have never per- for the rule that will in fact permit us a partisan issue. It is really about fair- formed a census that did not contain to have hopefully a rational discussion ness to every single citizen in the Unit- an undercount. As long ago as George dealing with the year 2000 census. I am ed States. And to the extent that we Washington, Thomas Jefferson la- afraid that part of this discussion that fail to count any one individual in our mented the inability to perform an ac- we have been subjected to is a very Nation, we do a disservice to our proc- curate census. As a result, the Census clear example of the cold hand of par- ess. Bureau has constantly reviewed the tisan politics on something that needs We make it possible for some people practices and worked with scientists to to be enshrined, I think, in a very posi- to have greater representation than develop the most accurate census pos- tive and constructive fashion. other people, and we should make sure sible. The census is clearly designed to get that that does not happen. Years of work and years of scientific an accurate count of the Nation’s popu- Mr. GOSS. Mr. Speaker, I yield my- advancements have led this Census Bu- lation. But according to the director of self such time as I may consume. reau and the National Academy of the census under President Bush, the Mr. Speaker, we continue to have no Sciences to conclude that using sam- current enumeration methods fall far speakers from here, but I did want to pling in addition to enumeration is the short and simply ‘‘cannot count every- point something out, that this is the best possible option for an accurate body.’’ debate on the rule, and we all agreed census. Minorities and low income popu- this was a very important subject, the We spent in 1995 as a Nation $33 mil- lations in cities are often underrep- question of how we do the census con- lion to test the value of sampling. resented as a result, meaning that peo- stitutionally and accurately. It mat- Where is the logic in appropriating $33 ple who often need help the most are ters to everybody in this country. million to test the science of sampling, often not counted by their Government We had therefore almost tripled the and then throw out the results after- and are denied their fair share of gov- amount of time at the request of the wards? There is no logic. It is con- ernment funding. It means billions in gentleman from the Commonwealth of voluted. States like Texas and California. Massachusetts [Mr. MOAKLEY], the dis- In my own City of Patterson, NJ, the Rather than wasting taxpayer money tinguished ranking member of the census did a sampling and increased in and pouring millions of dollars into a Committee on Rules, my former chair- 1995, because there were three cities in- census effort trying to deal with a head man and good friend, and I thought we volved, 8,000 the number of people count which ultimately will in fact provided for ample debate. there. fail, we propose a commonsense solu- I suggest we take this noncontrover- Think of how many people are under- tion to save the taxpayers money and sial rule and support it and get it counted throughout America. Think in come up with a more accurate count. passed and then get to the orderly those areas where there are overcounts Under the sampling plan, 90 percent process. as well. The experiment of 1995 proved of the population would still be count- Mr. Speaker, I reserve the balance of quite clearly the value and necessity of ed using traditional methods. Sam- my time. sampling. We cannot count noses by pling would only be used in those areas Mr. HALL of Ohio. Mr. Speaker, I simply counting noses. where the census response rate is dra- yield 1 minute to the gentleman from Some have argued that sampling is matically lower than normal, and any Massachusetts [Mr. FRANK]. unconstitutional. The counsels of three adjustment would rely as much as pos- Mr. FRANK of Massachusetts. Mr. separate administrations have ruled to sible on existing statistical informa- Speaker, I will be voting for the the contrary. tion. amendment offered by the ranking Mr. HALL of Ohio. Mr. Speaker, I The scientific community is over- member of the subcommittee. yield 1 minute to the gentlewoman whelming in their endorsement of this The effort to get a Supreme Court de- from Hawaii [Mrs. MINK]. approach. The Justice Department in cision on the census before we take the (Mrs. MINK of Hawaii asked and was the last three administrations, Reagan, census simply will not work. The given permission to revise and extend Bush, and Clinton, has held that sam- American Constitution is very clear. her remarks.) pling is in fact constitutional. If we For once I wish some of my colleagues Mrs. MINK of Hawaii. Mr. Speaker, I rely on old census methods, millions of paid more attention to the very clear thank the gentleman for yielding me Americans will be missed in the next writing of Justice Scalia. You cannot time. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7759 Mr. Speaker, I rise in support of the vision, I have sent the enclosed notice, Pelosi Strickland Torres Sawyer Stupak Towns rule, because it will allow this body to stating that the emergency declared Slaughter Tauscher Waxman have an opportunity to listen to the de- with respect to the National Union for Solomon Tierney Woolsey bate on the Mollohan-Shays amend- the Total Independence of Angola NAYS—348 ment, which will rectify the severe in- (‘‘UNITA’’) is to continue in effect be- Abercrombie Ensign LoBiondo justice contained in the bill itself. I yond September 26, 1997, to the Federal Ackerman Etheridge Lofgren speak of the question of the census and Register for publication. Aderholt Everett Lucas the necessity of making it possible for The circumstances that led to the Archer Ewing Luther the undercount that occurred in the declaration on September 26, 1993, of a Armey Farr Maloney (CT) Bachus Fattah Maloney (NY) last census to be corrected. national emergency have not been re- Baesler Fawell Manton It was a very serious, inaccurate solved. The actions and policies of Baker Flake Manzullo count, and requires that this body pay UNITA pose a continuing unusual and Baldacci Foley Mascara attention to it and correct it. Ten per- Ballenger Forbes Matsui extraordinary threat to the foreign pol- Barcia Fowler McCarthy (MO) cent of the count of the census was icy of the United States. United Na- Barr Fox McCarthy (NY) wrong. GAO estimates an error rate of tions Security Council Resolution 864 Barrett (NE) Franks (NJ) McCollum 26 million, including people who were (1993) continues to oblige all Member Bartlett Frelinghuysen McCrery Barton Frost McDade missed, counted twice, or in the wrong States to maintain sanctions. Dis- Bass Gallegly McHale place. continuation of the sanctions would Bateman Ganske McHugh Equally disturbing is the undercount have a prejudicial effect on the Ango- Bentsen Gekas McInnis of the number of racial and ethnic Bereuter Gibbons McIntosh lan peace process. For these reasons, I Bilbray Gilchrest McIntyre groups in the last census that were not have determined that it is necessary to Bilirakis Gillmor McKeon counted. Hundreds of thousands of maintain in force the broad authorities Bishop Gilman McKinney Asian-Pacific Americans were not necessary to apply economic pressure Blagojevich Goode Meehan Bliley Goodlatte Meek counted in the census, an estimated to UNITA to reduce its ability to pur- Blumenauer Goodling Menendez rate of 2.3 percent; for Hispanics, a rate sue its aggressive policies of territorial Blunt Gordon Metcalf of 5 percent; and African-Americans, a acquisition. Boehlert Goss Mica rate of 4 percent. Boehner Graham Millender- WILLIAM J. CLINTON. Bono Granger McDonald Mr. Speaker, I urge that this rule be THE WHITE HOUSE, September 24, 1997. Boswell Green Miller (FL) adopted and a serious debate on the f Boucher Greenwood Minge Mollohan-Shays amendment occur. Boyd Gutknecht Mollohan Brady Hall (OH) Moran (KS) Mr. HALL of Ohio. Mr. Speaker, I re- b 1445 Brown (CA) Hall (TX) Moran (VA) serve the balance of my time. Brown (FL) Hamilton Morella Mr. GOSS. Mr. Speaker, I yield my- MOTION TO ADJOURN Bryant Hansen Murtha self such time as I may consume. Bunning Hastert Myrick Mr. MILLER of California. Mr. Burr Hastings (WA) Nethercutt Mr. Speaker, I am willing to say that Speaker, I have a preferential motion Burton Hayworth Neumann the majority is prepared to stipulate at the desk. Buyer Hefley Ney that this is a good rule; in fact, a very The SPEAKER pro tempore (Mr. Callahan Herger Northup good rule. The majority is prepared to Calvert Hill Nussle LAHOOD). The Clerk will report the mo- Camp Hilleary Oberstar stipulate that it is noncontroversial. tion. Campbell Hilliard Ortiz The majority is prepared to stipulate The Clerk read as follows: Canady Hinojosa Owens that we could get on with the debate Cannon Hobson Oxley Mr. MILLER of California moves that the Capps Hoekstra Packard and we will, therefore, reserve the bal- House do now adjourn. Carson Holden Pappas ance of our time. The SPEAKER pro tempore. The Castle Hooley Parker Mr. HALL of Ohio. Mr. Speaker, I question is on the motion to adjourn Chabot Horn Pascrell yield back the balance of my time. Chambliss Houghton Pastor offered by the gentleman from Califor- Chenoweth Hulshof Paul Mr. GOSS. Mr. Speaker, I yield back nia [Mr. MILLER]. Christensen Hutchinson Paxon the balance of my time, and I move the The question was taken; and the Clay Hyde Payne previous question on the resolution. Clayton Inglis Pease Speaker pro tempore announced that Clement Istook Peterson (MN) The previous question was ordered. the noes appeared to have it. Clyburn Jackson (IL) Peterson (PA) The resolution was agreed to. Mr. MILLER of California. Mr. Coble Jackson-Lee Petri A motion to reconsider was laid on Speaker, I object to the vote on the Coburn (TX) Pickering the table. Combest Jenkins Pickett ground that a quorum is not present Condit John Pitts f and make the point of order that a Cook Johnson (CT) Pombo quorum is not present. Cooksey Johnson, Sam Pomeroy CONTINUATION OF EMERGENCY Costello Jones Porter WITH RESPECT TO UNITA—MES- The SPEAKER pro tempore. Evi- Cox Kanjorski Portman SAGE FROM THE PRESIDENT OF dently a quorum is not present. Cramer Kasich Poshard THE UNITED STATES (H. DOC. The Sergeant at Arms will notify ab- Crane Kelly Price (NC) sent Members. Crapo Kennedy (MA) Pryce (OH) NO. 105–134) Cubin Kennedy (RI) Quinn The vote was taken by electronic de- The SPEAKER pro tempore (Mr. Cunningham Kildee Radanovich vice, and there were—yeas 66, nays 348, Danner Kilpatrick Rahall LAHOOD) laid before the House the fol- not voting 19, as follows: Davis (IL) Kim Ramstad lowing message from the President of Davis (VA) King (NY) Redmond the United States; which was read and, [Roll No. 434] Deal Kingston Regula YEAS—66 DeGette Kleczka Reyes together with the accompanying pa- DeLay Klink Riley Allen Eshoo Kaptur pers, without objection, referred to the Diaz-Balart Klug Rivers Andrews Evans Kennelly Dickey Knollenberg Rodriguez Committee on International Relations Barrett (WI) Fazio Kind (WI) Dicks Kolbe Roemer and ordered to be printed: Becerra Filner Lampson Dingell Kucinich Rogan Berry Ford Levin To the Congress of the United States: Dixon LaFalce Rogers Bonior Frank (MA) Lewis (GA) Section 202(d) of the National Emer- Dooley LaHood Rohrabacher Borski Furse Lowey Doolittle Lantos Ros-Lehtinen gencies Act (50 U.S.C. 1622(d)) provides Brown (OH) Gejdenson Martinez Doyle Largent Rothman Cardin Gephardt McDermott for the automatic termination of a na- Dreier Latham Roybal-Allard Conyers Gutierrez McGovern tional emergency unless, prior to the Duncan LaTourette Royce Coyne Harman McNulty Dunn Lazio Rush anniversary date of its declaration, the Davis (FL) Hefner Miller (CA) Edwards Leach Ryun President publishes in the Federal Reg- DeFazio Hinchey Mink Ehlers Lewis (CA) Sabo Delahunt Hostettler Moakley ister and transmits to the Congress a Ehrlich Lewis (KY) Salmon DeLauro Hoyer Neal notice stating that the emergency is to Emerson Linder Sanchez Dellums Jefferson Obey Engel Lipinski Sanders continue in effect beyond the anniver- Deutsch Johnson (WI) Olver English Livingston Sandlin sary date. In accordance with this pro- Doggett Johnson, E.B. Pallone H7760 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Sanford Smith, Linda Turner of operation of the Exploited Child Unit of at the Center for Missing and Exploited Saxton Snowbarger Upton the National Center for Missing and Ex- Children in the Treasury-Postal bill. Schaefer, Dan Snyder Velazquez ploited Children. Schaffer, Bob Souder Visclosky John Walsh of America’s Most Wanted Schumer Spence Walsh The SPEAKER pro tempore. The gen- spoke out and came to Capitol Hill, and Scott Spratt Wamp tleman from Maryland [Mr. HOYER] is had a press conference on this very Sensenbrenner Stabenow Waters recognized for 30 minutes. Serrano Stark Watkins issue, and said he needed to have every Sessions Stearns Watt (NC) PARLIAMENTARY INQUIRY one of us, as he was doing on television Shadegg Stenholm Watts (OK) Mrs. LINDA SMITH of Washington. every week, committed to the fight Shaw Stump Weldon (FL) Shays Sununu Weller Mr. Speaker, parliamentary inquiry. against abusers of our children. Sherman Talent Wexler The SPEAKER pro tempore. The gen- This unit creates a greater awareness Shimkus Tanner Weygand tlewoman will state it. and generates leaders for law enforce- Shuster Tauzin White Mrs. LINDA SMITH of Washington. ment to combat child sexual exploi- Sisisky Taylor (MS) Whitfield Skaggs Taylor (NC) Wicker Mr. Speaker, I would ask, is the gen- tation. There are many efforts under- Skeen Thomas Wise tleman from Arizona [Mr. KOLBE] op- way at the Federal level to combat Skelton Thompson Wolf posed to the motion? child sexual exploitation that I want to Smith (MI) Thornberry Wynn Mr. KOLBE. Mr. Speaker, I am not tell the Members about. Smith (NJ) Thune Yates opposed to the motion to instruct con- Smith (OR) Thurman Young (AK) b 1515 Smith (TX) Tiahrt Young (FL) ferees. Smith, Adam Traficant Mrs. LINDA SMITH of Washington. Under the leadership of the FBI, each NOT VOTING—19 Mr. Speaker, I say I am opposed to this of the seven major law enforcement agencies are coordinating efforts with Berman Hunter Scarborough motion not because of its content, but Bonilla Markey Schiff I am opposed because in the present the National Center to bring a priority Collins Nadler Stokes form it is missing an addition I think approach to such child exploitation Cummings Norwood Vento is important to be before this House, cases. Foglietta Rangel Weldon (PA) Gonzalez Riggs the addition of language relating to a Through the 1994 crime bill, the Se- Hastings (FL) Roukema pay raise. cret Service is working closely with The SPEAKER pro tempore. The gen- the National Center, using unique fo- b 1503 tleman from Arizona [Mr. KOLBE] will rensic technology to track abductors. So the motion to adjourn was re- be recognized for 20 minutes, the gen- The Customs Service has established jected. tlewoman from Washington [Mrs. the International Pornography Inves- The result of the vote was announced SMITH] will be recognized for 20 min- tigation and Coordination Center. The as above recorded. utes, and the gentleman from Mary- U.S. Postal Service continues its ag- f land [Mr. HOYER] will be recognized for gressive efforts to crack down on child 20 minutes. pornography. The FBI has also estab- APPOINTMENT OF CONFEREES ON The Chair recognizes the gentleman lished a child abduction and serial kill- H.R. 2378, TREASURY, POSTAL from Maryland [Mr. HOYER]. ers unit. SERVICE, AND GENERAL GOV- Mr. HOYER. Mr. Speaker, I yield my- Mr. Speaker, I hope that through ERNMENT APPROPRIATIONS ACT, self such time as I may consume. these efforts we can create a new 1998 Mr. Speaker, I thank the Chair for awareness throughout the land and Mr. KOLBE. Mr. Speaker, I ask unan- that ruling. Mr. Speaker, on May 24, make America’s children safer and imous consent to take from the Speak- 1993, a 10-year-old little boy, Stanley more secure. I urge my colleagues to er’s table the bill (H.R. 2378) making Burdynski, Junior, was abducted in support this very important effort to appropriations for the Treasury De- suburban Prince Georges County, just protect our children against exploi- partment, the U.S. Postal Service, the a few miles from where we stand. Four tation, sexual abuse, and yes, even Executive Office of the President, and and one-half years later he is still murder. certain independent agencies, for the missing. We must never forget little Mr. Speaker, I reserve the balance of fiscal year ending September 30, 1998, Stanley. I am sure that every one of my time. and for other purposes, with a Senate the Members has a Stanley or a Mary Mr. KOLBE. Mr. Speaker, I yield my- amendment thereto, disagree to the in their district, a child who has been self such time as I may consume. Senate amendment, and agree to the abducted by a demented criminal per- Mr. Speaker, I rise in support of the conference asked by the Senate. son in their districts and in mine. motion of the gentleman from Mary- The SPEAKER pro tempore (Mr. What this motion to instruct says is land [Mr. HOYER] to instruct conferees. LAHOOD). Is there objection to the re- that we need to make sure that the I think he has outlined very well the quest of the gentleman from Arizona? fourth year of the program directed at importance of the National Center for There was no objection. the operation of the Exploited Child Missing and Exploited Children. It is a GENERAL LEAVE Unit of the National Center for Missing very small part of our bill, it is a very Mr. KOLBE. Mr. Speaker, I ask unan- and Exploited Children is fully funded. small part of the funding, but it is a imous consent that all Members may Mr. Speaker, we need to do every- critical part. have 5 legislative days within which to thing in our power to ensure the fact A few months ago, during our hearing revise and extend their remarks on the that we, to the greatest extent pos- process, I went over to Virginia and motion to instruct the conferees on sible, can protect our children from ex- visited this office. It breaks my heart H.R. 2378, and that I may include tab- ploitation, from being taken from their when I see some of the posters that are ular and extraneous material. families, from their neighborhoods, on the wall, some of the letters that The SPEAKER pro tempore. Is there from their playgrounds, from their are there from families who have lost objection to the request of the gen- schools, by those demented souls of their child, who desperately want help tleman from Arizona? which I spoke, subjecting those chil- in trying to find that child, and turn in There was no objection. dren to abuse and, yes, even to death. sheer despair, with no other place to go That is what we will vote on in this to but to the National Center for Miss- MOTION TO INSTRUCT CONFEREES OFFERED BY MR. HOYER motion. ing and Exploited Children. Mr. HOYER. Mr. Speaker, I offer a I would hope that the House would Sometimes it is hard for us in Con- motion to instruct. stand united and unanimous in its gress to take a lot of credit or a lot of The Clerk read as follows: commitment to speaking out and act- pride in the things we do. But if there ing out and putting our money where is anything we can take pride in, it is Mr. HOYER moves that the managers on the our mouth is in the fight against the the fact that we have funded this Na- part of the House at the conference on the disagreeing votes of the two Houses on the abusers of children in America. tional Center. amendment of the Senate to the bill, H.R. In 1996 I worked with other concerned It is one, as the gentleman from 2378, be instructed to insist on the House po- Congress men and women to gain fund- Maryland [Mr. HOYER] pointed out, sition providing $514,000 for the fourth year ing to create the Exploited Child Unit that had its beginnings with John September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7761 Walsh, whose son, Adam, was brutally gentleman from Arizona [Mr. Nation, who would put themselves in kidnapped and murdered in Florida HAYWORTH.] harm’s way, we have read the accounts, more than a decade ago. John Walsh Mr. HAYWORTH. Mr. Speaker, I we have heard the situation where started a private foundation. Due to thank the gentlewoman from Washing- some of those who defend America are the work of some other people, we ton [Mrs. LINDA SMITH], for yielding me forced to apply for food stamps to feed came along a few years ago and we the time. their families. How in good conscience joined hands and created the National I would like to commend my col- can we rise even for a minimal cost of Center for Missing and Exploited Chil- leagues on both sides of the aisle, the living adjustment when those needs dren. gentleman from Maryland [Mr. HOYER] still exist for those who would put We provide about $2 million to the and the gentleman from Arizona [Mr. their lives on the line? Secret Service to assist in the inves- KOLBE], for again bringing our atten- Mr. Speaker, those who gathered at tigations of missing children, mostly tion to this vital issue. the structure we now call Independence for fingerprinting, identification, hand- Again, Mr. Speaker, it is important Hall in Philadelphia, in drafting that writing analysis. The $514,000 that is to reiterate that we agree on making remarkable document that declared the subject of this motion here is ear- sure that resources are there to make our independence from England in the marked specifically for the exploi- sure that we reach out to find those Declaration of Independence, in those tation unit which has been established. children who are missing, who are ab- final key lines, our Founders said, ‘‘and We think it is absolutely critical ducted. to this we pledge our lives, our for- that we deal not only with the children But there is another question dealing tunes, and our sacred honor.’’ who are missing, but those who are with resource allocation, dealing with I would suggest, Mr. Speaker, that being exploited by, as the gentleman the finances of this country, which we we can do no less. Vote ‘‘no’’ on the from Maryland [Mr. HOYER] said, the must deal with in this very House, and previous question. demented souls who would use them, it has to do with pay for Members who Mr. KOLBE. Mr. Speaker, I yield my- use children for pornography, who serve here in the Congress of the Unit- self 2 minutes. Mr. Speaker, I just want to give a lit- would abuse them mentally, who would ed States. tle history. The gentleman from Ari- abuse them physically. It is a vexing question and a unique zona [Mr. HAYWORTH], my colleague That is what this Center for Exploi- question for those of us who sit in this and friend, spoke about performance tation deals with. We have never had a Chamber who are charged, if you will, and that we at this time should not re- specific unit in the National Center with the country’s bank account, who ceive any kind of a cost-of-living ad- dedicated to this before. We would ear- have seen time and again overdrafts on justment. I think it is worth the time mark these funds in order to be sure that account, overdrafts that would for Members to understand where we that this is adequately funded and that not be countenanced for a single have been legislatively with this. nanosecond outside the halls of Gov- we really can focus on this issue. That It goes back before some of the Mem- ernment. But because Government can is really the subject of what we are de- bers who will speak on this were here. bating here today. make the rules, Government can en- Because of the very great difficulty I certainly hope that we will go to gage in creative accounting. that we had with the issue of the pay Sadly, that has been the case all too conference with a strong message urg- raise, in 1989 this Congress passed a often. Members here work hard. That is ing our conferees to stand by our lan- provision to permanent law, I want to guage on this so that we can go to the not the issue. But public service is a underscore that, ‘‘permanent law,’’ Senate and say ‘‘This is something we privilege rather than a career. Many which took it out of the hands of Con- strongly believe in.’’ Members of this institution have made gress so that we would not engage in Mr. Speaker, I reserve the balance of financial sacrifices. That is something the kind of demagogic debate that my time. that at times is the price of freedom. sometimes goes on in this body over Mrs. LINDA SMITH of Washington. Another real world standard that this particular issue. And we said that Mr. Speaker, I yield myself 2 minutes. seems to have left this debate is the there would be a committee that would Mr. Speaker, I think it is very impor- notion of performance. In education, in survey private sector wage rates for tant that the first thing that we say is business, in athletics, indeed in every the previous year and the Federal em- ‘‘We like this amendment.’’ It makes endeavor in life, work or play, there is ployees would get an increase, a cost- sense. It made sense when we passed it. a performance criteria that must be ac- of-living adjustment equal to that and The protection of exploited children is cepted. that those at the very top of the scale, a national issue important to all Amer- Speaking for myself and the people I Cabinet officers, SES judges, executive icans’ hearts. represent in the Sixth District of Ari- service judges, and Members of Con- But confidence in this Congress to zona, my constituents have made it gress would get a cost-of-living adjust- handle fairly all issues vital to citizens crystal clear to me, and indeed I be- ment that was half a percent below is clouded by previous procedures used lieve people from coast to coast and in that, so that Members of Congress get to allow a salary increase for Members Alaska and Hawaii as well, wanted a cost-of-living adjustment half a per- of Congress to go through just last those of us who serve in this Congress cent below what all other Federal em- week without a vote. We are just going to work for fiscal accountability, to ployees would get. to ask to oppose the motion in its balance the budget, just as families Subsequent to that, of course, this present form, not the content. We just around the kitchen table are forced to Congress has entered into a number of want to add something. We would like do. And at the very least, my col- debates on the subject. Despite the fact to add that we would like to take the leagues, at the very least, Mr. Speaker, that we took it out of our own hands, Senate language, they already voted any increase in pay should be tied to we have entered into this debate and against a salary increase, so we would performance. we have denied ourselves even the cost- say that to slow down a couple of min- I do not believe, in good conscience, of-living adjustment that was going to utes on this floor, to add this salary in- that we who serve representing the all other Federal employees. crease motion to this other vital mo- citizens of the United States from a va- It was specifically in order to avoid tion is not much to ask to restore the riety of walks of life, that we in good this debate of having Congress vote on confidence in America in Congress, in conscience can accept a cost of living whether it was raising its own salaries what we are doing. adjustment or a pay hike, or whatever or giving itself a cost-of-living adjust- Mr. Speaker, I reserve the balance of we want to call it, so long as we fail to ment that we created that provision, my time. balance the budget. That is the sole re- that we adopted that procedure. I Mr. HOYER. Mr. Speaker, I reserve quirement I believe necessary for the think it is important for Members of the balance of my time. American people to reward us, in their this body to know that that is the pro- Mr. KOLBE. Mr. Speaker, I reserve judgment, with a pay increase. cedure that this body adopted. the balance of my time. And indeed, Mr. Speaker, as we look Mr. Speaker, I yield 4 minutes to the Mrs. LINDA SMITH of Washington. from coast to coast and beyond to gentleman from Louisiana [Mr. LIVING- Mr. Speaker, I yield 5 minutes to the those who wear the uniforms of this STON]. H7762 CONGRESSIONAL RECORD — HOUSE September 24, 1997 (Mr. LIVINGSTON asked and was Federal employees do not deserve a privileged and the people. That needs given permission to revise and extend cost-of-living adjustment. to change. This is the people’s House. his remarks.) It is not politically wise for me to Let us return to the people’s business, Mr. LIVINGSTON. Mr. Speaker, how stand here and make this speech. I will and let us restore some of the people’s wonderful it is to hear the same old be roundly chastised in my district and trust in this institution. Defeat the speeches about how rotten a job the around the country. But I believe previous question. Have the debate. Members of Congress have done for the strongly that for Members to demagog Discuss the pay raise. Vote for it if you American people. and say we are not worth what every believe in it. Vote against it if you do In the last 20 years, I have seen a other American citizen is worth, for not. But do not let the highest legisla- moderate economy expand Members to say that if you are a mil- tive body in this democracy shun pub- exponentially and then collapse. We lionaire, you are better off, or you do lic scrutiny. have gone through various recessions. I not have to worry about pay raises, Mr. HOYER. Mr. Speaker, I yield 2 have seen moderate inflation go to you only have to face up to the votes, minutes to the distinguished gen- rampant inflation, 14, 15 percent rates the tough votes, is for Members simply tleman from New Jersey [Mr. of inflation, interest rates go to 21 per- to say the U.S. Congress is not worth PALLONE]. cent. I have seen the Soviet empire, the people’s attention and their invest- Mr. PALLONE. Mr. Speaker, I have collapse. I have seen policies implement, and I do not believe that. been listening to some of those who mented to bring interest rates down, I believe that we are a productive, favor this motion by the gentlewoman bringing inflation down, bringing un- good body, and I believe that this cost- which seeks to void the cost-of-living employment down. of-living adjustment is worth it. I be- adjustment for Congress. I think that American people today are probably lieve that anybody that does not want they are very far removed from the re- as well off as they have been in a gen- the cost-of-living adjustment can do alities here. Our constituents, in my eration. Interest rates are at a one thing: Say he does not want it and opinion, oppose efforts by Congress to generational low. Inflation rates are at donate it to charity. That is all you carve out special treatment for them- a generational low. The United States have got to do. selves, for example, subsidizing activi- is not at war, hot or cold. I think we I just put my last kid through col- ties here or perhaps special services are doing pretty well. For the first lege. All I have got to do is pay the that other Americans do not receive. time in 30 years, we have reached a bal- bills. I am not independently wealthy. But I think that they understand the anced budget agreement, only a month For those of our Members that do not concept of a COLA. It is an inflation ago. For the first time in 16 years, we have to worry about college bills or factor. It is a cost-of-living adjust- have passed legislation for a tax cut for paying any bills, I am proud of you, be- ment. It is the same type of COLA or the American people. cause that is America. America is inflation factor that other Federal em- For the speaker that was here two doing better. But I believe in public ployees get, that members of the judi- times ago to come before the House service, and I believe in equal pay for ciary get, that Social Security recipi- floor and say that the American people equal work, and I believe that if you do ents get, and many others get. In fact, have been ill-served by the U.S. Con- not believe it, you are wrong. it is a little less, a half percent even gress is a disservice to the performance Mrs. LINDA SMITH of Washington. less than those. of this body and the other body. Mr. Speaker, I yield 2 minutes to the I think that we are really not relay- gentlewoman from Michigan [Ms. RIV- ing, if you will, to the American people b 1530 ERS]. what is really going on here if we con- The U.S. Congress is performing well, Ms. RIVERS. Mr. Speaker, if there is tinue to talk about it as somehow in bipartisan fashion, with conserv- any belief that our constituents cling something privileged or something atives and liberals and Republicans and to with stubborn resolve, it is that very special. It is not. That is the dif- Democrats alike working together. each of us have come here to either en- ference. I know that when I talk to my And to condemn the work product and rich ourselves financially or advance constituents, if I told them that we say that we are lesser than all employ- ourselves politically. Frankly, in the were going to vote ourselves a 15,000 or ees of the United States who all want a last few days we have done very little 20,000 or $25,000 pay raise, they would pay raise, to say that we are lesser to acquit ourselves of any of these say, that’s outrageous. You don’t de- than all Federal employees who have charges. We have a continuing refusal serve it. But when we tell them that we not missed a beat, or lesser than any- to bring campaign finance reform to are just giving ourselves a COLA and body else who gets an automatic cost- the floor of the House despite the fact we proceed in the fashion just like of-living adjustment does a disservice that the public is clamoring for such a other Federal employees, just like So- to the work product of this body. debate and such change. We will soon cial Security, just like so many other I do not like to see the work product debate a bill on the floor that carves Americans, I think they understand of the U.S. Congress denigrated when I out a whole new category of citizenship that. I think they understand that all believe that the last 20 years that I just for Members of Congress. And then of us have to make a living and that have witnessed have been some of the we have the pay raise, a pay raise that over the years, inflation and costs go most productive years of American leg- was disguised in a bill by parliamen- up, and that we are justified in doing islative history. The Congress found of tary sleight of hand. And last night so. its own self that practices of the past when an attempt was made to make in I know that there has been some ar- were questionable and should be abol- order a revisitation of that pay raise, it gument here about the way that we ished. The honoraria was given up in was ruled out of order by the Commit- have gone about it. There is no ques- 1989 under the agreement that the Con- tee on Rules and described in today’s tion in my mind that the gentlewoman gress would be subject to the cost-of- paper as frivolous. Whatever good will is perfectly justified in bringing up this living adjustment for every single year, this body has built up over the past few motion today and having us vote on it but at a half point less than Federal months given our bipartisan budget de- and articulating what she is all about. employees. That agreement held for 2 cision and other proposals that the But the basic philosophy behind the years. In 1992, the Congress gave itself public supports, it is being eroded COLA makes sense. I think that if we the last cost-of-living adjustment. quickly. settled with it, if we said, ‘‘OK, we’re I daresay inflation has not kept con- Benjamin Disraeli, when he came going to have the COLA, and it’s going stant, but the Congress has not had a into the government in Britain, said, to go on every year,’’ we would get cost-of-living increase, the Congress ‘‘I was told that the privileged and the away from this whole idea of having to has not had any pay increase, and for people form two nations.’’ That is income to the floor and in some cases Members to get on the floor and dema- teresting, because when I got involved disguise what we are actually doing. It gog and say they do not deserve any in government in the United States, I should be no different than other Fed- pay increase is for them to say that the was told just the opposite. But it ap- eral employees. I understand why she American people do not deserve to pears that our actions of the last few is bringing up the motion, but I would keep up with the cost of living or that days suggest there are, in fact, the urge that we defeat her motion. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7763 Mr. KOLBE. Mr. Speaker, I yield 2 we are going about it and what we The Treasury, Postal Service and minutes to the gentleman from Califor- stand for. general government appropriations bill nia [Mr. CUNNINGHAM]. We have Members that I have been that is before us does not have any pro- Mr. CUNNINGHAM. Mr. Speaker, I very impressed with in my short 9 vision dealing with Members’ pay; it voted against the bill that would have months here, and I do not deny their does not have any provision dealing a pay increase. In our own conference strong feelings for a pay raise. We are with Federal employees’ compensation when the veterans’ COLA came up, I not going to get a straightforward, or cost-of-living adjustments or Mem- fought against my own Republican open vote on this. This is as close as we ber’s cost-of-living adjustments. There Party because they wanted to cut a are going to get, but we are going to is, let me repeat, no provision in this veterans’ COLA. Why? Veterans sign on make every effort to at least tell the bill dealing with compensation for a dotted line that if they serve the American public on this vote how we Members or Federal employees. There amount of time in the service of this feel as a Congress about a pay raise. is no provision dealing with this at all country, and at the end of that time And a final thought. I served in the in our bill. that is the contract they operated Texas Legislature before coming to I think it is important that we keep under, they would have a retirement; Congress. At one time we had a pro- that in mind because a lot of people and that that retirement, should it lose posal to give the biggest tax increase have been saying that a vote on this money each year because of inflation, in Texas history as a growing State, bill has to do with a cost-of-living in- that was not the intent. I chastised my and we were told that it took courage crease, a pay increase, increase in com- own party for that. We turned that and guts to vote for a tax increase, pensation for Members. It does not. around. that the easy thing was to hold the line And that is because this body and the If you had a pay increase that gave on the budget and to live within our other body, the Congress of the United you more money than just maintaining means, but if we had courage and guts, States, decided in 1989 to take this parity, it is a parity issue, does the dol- we would vote for a tax increase. That issue out of our own hands and to make lar maintain the same value that you was a silly argument then, and it is a it that Members of Congress would get came with, then I think Members have silly argument to believe that it is dif- a cost-of-living adjustment and noth- got the right to chastise what we are ficult and courageous to vote yourself ing else based on the increase in the doing here. But in an amendment that a pay raise. Ask any family in Amer- ECI index, and that index with com- maintains parity, that is a half a per- ica, and that is an easy decision. plicated formula which is different for cent below actual parity, then I do not Mr. HOYER. Mr. Speaker, I yield 2 Federal employees than Members of think the Members have a complaint as minutes to the distinguished gen- Congress because of the locality pay, far as a COLA, because most of us sup- tleman from North Carolina [Mr. but it is established that Members of port a COLA for Social Security. We WATT]. Congress can never get beyond what a support it for our veterans. We support Mr. WATT of North Carolina. Mr. Federal employee gets in an increase in it for Federal employees, because it Speaker, I rise in support of the motion the cost-of-living adjustment. maintains the dollar value that those to instruct offered by the gentleman That is the permanent law. That is individuals have in their paycheck. It from Maryland [Mr. HOYER] and in op- the permanent law, and if Members of is not meant to get less and less and position to the motion of the gentle- Congress do not like that, where are less with inflation, depending on what woman to forgo the cost-of-living ad- the bills to repeal that section? Why do it is. That is the same reason most of justment. I may be in a minority here we not have bills introduced? Why do us support indexing of capital gains, among people who in 1992 took about a we not get that debate on that issue? It because it indexes the value of that $25,000 cut when I was elected to the is not an appropriation issue. There is dollar right along with inflation. Congress of the United States. I had a no account in Treasury, this appropria- I think it is disingenuous, maybe successful law practice. I believe if I tion bill, for Members’ salaries because with good intention, but disingenuous, had been in the law practice for the 5 Members are constitutional officers. to suggest that this was a pay increase. years that I have been here, I would There is no reason for us to vote on It is not. Because I will vote against a probably have made by now $100,000 or this bill and assume that we are in any pay increase, a COLA that is more than $150,000 or $200,000 more than I have way voting for an increase in Members’ just meeting parity. I think that is made as a Member of Congress. That to compensation. wrong. I think it is wrong, and most of me is unimportant, because I signed on Mr. Speaker, I reserve the balance of us this day will not vote for a pay infor this job with an expectation that my time. crease. I ask my colleagues to vote we would maintain a level of parity in Mrs. LINDA SMITH of Washington. against the motion. our salaries. Mr. Speaker, I yield myself such time Mrs. LINDA SMITH of Washington. b as I may consume. Mr. Speaker, I yield 2 minutes to the 1545 Mr. Speaker, I want to point out that gentleman from Texas [Mr. BRADY]. What is a lot more important than the Senate does have a provision to Mr. BRADY. Mr. Speaker, a lot of that to me is the judges who each year strike the pay raise, and that is all the people in America have lost faith in have contacted me and said, ‘‘Please, gentleman from Indiana [Mr. the institution of Congress. It did not give us our cost-of-living adjustment so MCINTOSH] wanted to say, that they happen overnight. It has been building that we don’t continue to lose good have struck the pay raise. for many years. All they want us to do qualified people from our judiciary.’’ Mr. Speaker, I yield 3 minutes to the in honest, open debate is to listen to is- It is absolutely important in a de- gentleman from Wisconsin [Mr. NEU- sues and do the right things for the mocracy such as ours that we have MANN]. right reasons. qualified members of the judiciary, Mr. NEUMANN. Mr. Speaker, I rise Last week was not one of our bright- qualified members of the legislative with somewhat mixed feelings on this er moments, because we did not do any branch, and qualified members of the whole issue, and I would like to start of that. Rather than having an honest, executive branch. by joining the gentleman from Mary- open debate on a pay raise—and we re- I believe we have done a good job dur- land in supporting what he is trying to spectfully disagree; I oppose it and ing the period that I have been in this do, and the protection of children is some Members support it—rather than body, and I encourage my colleagues to certainly very important to all of us, standing on the principle of honest, give up on this notion that we should but I do think we need to add a provi- open government, we hid behind a pro- browbeat ourselves and not maintain sion that allows us a ‘‘yes’’ or ‘‘no’’ cedure. That was a loss for Congress, parity in our salaries. vote on the pay raise issue. And let me and it was a loss for America. Last Mr. KOLBE. Mr. Speaker, I yield my- make it clear that I would oppose a pay week we spent more time commemo- self 2 minutes. raise at this point in time myself. Per- rating the life of Jimmy Stewart than Mr. Speaker, let me just cover once sonally I am opposed to any elected we did debating a $28 billion bill and a again what this bill is and what it is body giving itself a pay raise, but that pay raise for Congress. That is wrong. not, what this motion is and what it is is not really why I am rising to speak The issue is not the pay raise. It is how not. on this particular issue. H7764 CONGRESSIONAL RECORD — HOUSE September 24, 1997 What I am really opposed to is the ment must withstand a recorded vote in this do, then we should not be ashamed to way the bill was passed last week, Chamber and the other body. Once approved, stand up and say, yes, we believe, we do brought up unexpectedly with virtually that pay raise or tax change could not take ef- believe, in the cost-of-living. no notice and not giving the Members fect until after the next congressional election. Soap costs me as much as it does of this body the opportunity to have a Our logic was simple. If Members' felt they anyone else. I pay the same money for ‘‘yes’’ or ‘‘no’’ vote on this very, very deserved a pay raise, they should be willing to soap as the woman out there on Penn- important issue. This type of action is stand up and vote for it publicly. Furthermore, sylvania Avenue pays. I work just as what makes our constituents back to allow their constituents to determine if their hard as she does, and I say to this Con- home so angry, the idea that we are Member was deserving of that pay raise, that gress we deserve to do this, and I just going to try and slide something Member would have to stand for election be- want to say to my colleagues, ‘‘You through with people unaware. That is fore collecting the larger paycheck. need some pride in the institution what makes the American people Mr. Speaker, the keystone here is account- which you represent. If you’re not angry, and that is why I am rising to abilityÐsomething that has been completely proud of it, then think of David speak today. lacking around here lately. McCullough’s words as he spoke to us I would like to speak specifically to Like many of my colleagues, I was appalled in the bipartisan retreat and we were some of my colleagues who believe the at the ``fast track'' consideration of the Treas- finding, what he said, some type of cost-of-living adjustment is acceptable. ury-Postal appropriations bill last week. De- pride in what we do, and the willing- I understand where they are coming spite all the protestations to the contrary, it is ness to go forward to speak up for this from, and I honestly believe there are clear that the Treasury-Postal bill was rammed wonderful institution which was many, many people in America that through this House in record time in an effort brought to us by our Founding Fa- would concur that a cost-of-living ad- to avoid a vote on a pay raise amendment. thers.’’ justment is appropriate, and I would Is it any wonder that the American people And I quote Mr. McCullough and I do like to also align myself with com- are growing more cynical about Congress and not have a lot of time, but he said it ments of the gentleman from Louisiana the political process every day? has been the will of heaven that we, [Mr. LIVINGSTON]. He is absolutely First come the headlines that we have the Members of Congress, should be right. Good things have been done by slipped in to the tax bill a secret $50 billion tax thrown into existence in a period when this Congress. We are having the first break for big tobacco. the greatest philosophers and law balanced budget since 1969, the first tax Now, we refuse to find a way to vote on an givers of antiquity have wished to have cut in 16 years, and the responsibility amendment that would prevent Members from lived. Right away we see he is saying it for much of that credit should go to collecting an automatic pay increase. is the will of heaven, there are larger the gentleman from Louisiana [Mr. And here we are today. I urge my col- forces than we ourselves, and he is ap- LIVINGSTON] and the gentleman from leagues to defeat the previous question so plying the moment against the stand- Ohio [Mr. KASICH] for bringing us to that our colleague, LINDA SMITH, can offer a ard of the past, and that is antiquity. this point. new motion to instruct the conferees to kill the It is a very large degree, a lesson in But to my colleagues that think the pay increase. And I do not argue that we can- propulsion, a period when a coincidence cost-of-living adjustment is acceptable not justify a COLAÐI think we can but not by of circumstances without an example and what their constituents would hiding it and avoiding an upfront vote. has afforded to 13 colonies at once, and want them to vote for I simply say, Mr. NEUMANN. Mr. Speaker, I will he goes on and on, Mr. Speaker. What ‘‘Stand up, cast your vote, let your conclude my remarks by saying for he is trying to say to us, that there constituents know where you stand and goodness sakes, colleagues, just when should be pride in those of us who rep- why you stand there.’’ There will be a we are starting to restore the trust of resent this institution. lot of people in America who say it is the American people in this institution I give no excuses for being a Member acceptable in the view of our first bal- by fulfilling our promises to reach a of Congress. I am proud of it, and I say anced budget and taxes coming down balanced budget, by bringing their that every Member of this Congress and Medicare restored, that a cost-of- taxes down for the first time in a gen- works hard enough for a cost-of-living living adjustment is acceptable. All we eration, restoring Medicare for our sen- increase. We deserve it. are asking for is an up-or-down vote. ior citizens, we are just starting to re- Mr. KOLBE. Mr. Speaker, I yield 2 Just give us a vote so that the Amer- store the trust of the American people, minutes to the gentleman from New ican people do not think we are break- let us not go and do something like York [Mr. KING]. ing their trust because, my colleagues, this that they perceive to be a move Mr. KING. Mr. Speaker, I thank the that is what this is all about. behind closed doors and behind their gentleman for yielding this time to me. Mrs. ROUKEMA. Mr. Speaker, will back trying too slide something Mr. Speaker, I rise today in opposi- the gentleman yield? tion to the most intellectually vapid Mr. NEUMANN. I yield to the gentle- through. For goodness sakes, we are and vacuous arguments I have heard in woman from New Jersey. starting to restore that trust, let us (Mrs. ROUKEMA asked and was have an up-or-down vote on this. If my opposition to the COLA. The fact is given permission to revise and extend colleagues believe a COLA is accept- there is no logical argument to be her remarks.) able, vote ‘‘yes,’’ and if my colleagues made against the COLA other than Mrs. ROUKEMA. Mr. Speaker, I think their constituents do not want a those people who enjoy self-flagella- would like to associate myself with the COLA, well then for goodness sakes tion, who enjoy pandering and do not gentleman’s remarks. This is a ques- vote ‘‘no,’’ but let us have the vote. have the guts to stand up for what they tion of accountability. I myself am for Mr. HOYER. Mr. Speaker, I yield 2 believe in. If they do not have the pride the COLA. But the point is we have to minutes to the distinguished gentle- to accept a COLA which was set in law be accountable to the public on either woman from Florida [Mrs. MEEK]. then, quite frankly, I do not think they side of the issue. Mrs. MEEK of Florida. Mr. Speaker, I deserve to be in the House of Rep- Mr. Speaker, I want to associate myself with rise to oppose any motion to delete the resentatives. the remarks of my colleague, Representative COLA for us as citizens and as workers What are they ashamed of? We are NEUMANN and to urge that we defeat the pre- in this government. talking about an American economy vious question and to oppose the procedure First of all, I resent the self-flagella- which is stronger than any economy in that allows Members to collect an automatic tion that I am hearing against Mem- the history of the world. We are talk- COLA and shields them from public account- bers of Congress and this institution ing about an American Government ability without an upfront vote. which we so ably represent. I think I which right now is not at war. There is When I took my seat in Congress in 1981, among others work as hard as anyone not one American soldier losing his life among the first pieces of legislation I intro- in this government, harder than some, or her life anywhere in the world duced was a bill injecting a new degree of so I am not ashamed to come to this today, and yet we have people coming sunlight into the Members' compensation proc- podium today to say we deserve a cost- before the House and saying the Amer- ess. My legislation was straightforward: of-living increase. I give no excuses for ican people are outraged at the Con- Every increase in Member's salary or bene- having to ask this Congress to do this. gress. The only reason the American fits or a favorable change in their tax treat- If we are not ashamed of the work we people have a reason to be outraged at September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7765 the Congress is they listen to some of American public, and as such I think We took the employment cost index, the ridiculous arguments that were we need to lead by example. which is the measure of private sector made here today by people who want to The second reason I rise in support of pay, and said in the year following, we pander, who want to appeal to the least this amendment is for the simple rea- would take whatever our constituents common denominator and who want to son of sunshine. The gentleman from earned, reduce it by half a percent, and tear down this institution. Wisconsin [Mr. NEUMANN] already sug- take that as a cost-of-living adjust- I am proud to be a Member of Con- gested this but just in terms of process ment, not as a pay raise. In fact, a gress; I will be very proud to accept the I think it is very important, whether court in the District of Columbia, an COLA because I believe I earn my we think it is a good thing or think it appellate court, ruled that this COLA money. I also believe that the position is a bad thing, that we take an up-or- is not a pay raise. If it were a pay raise, of a Member of Congress deserves the down vote. like the increase we took in 1989 and increase, whether or not that person Mr. HOYER. Mr. Speaker, I yield 4 1990, we would have to vote on it by happens to be qualified or not quali- minutes to the distinguished gen- law. This reform required it. But we be- fied, and quite frankly listening to tleman from California [Mr. FAZIO], lieve and polls confirm that a cost-of- some people today, I can see why they who probably has taken more heat and living adjustment is acceptable to the do not want to take a pay raise, be- shown more courage and more intellec- American people. Otherwise, if we fail cause they have a good self-analysis, tual honesty on this issue than any- to take COLA’s we will be back in the and maybe they believe, as individuals, body in the House. position of having to vote ourselves, they do not deserve the pay raise. Mr. FAZIO of California. Mr. Speak- periodically, a large pay raise—one we But in spite of that I believe that the er, I thank my good friend and col- cannot defend to the public. institution as itself, as an institution, league for those glowing remarks; I We wanted to avoid doing that, and deserves to have a COLA, deserves to hope I live up to them. He certainly de- yet at the same time compensate our keep in line with the American people serves a lot of credit for all the leader- judges, our executive officers, our top and with the cost of living, because if ship he has provided on this issue. staff, yes, ourselves, by providing not my colleagues follow their logic, when Let me say that I want to speak more what others were getting on average would there have been a COLA; during than anything else to the Members who something less but making an attempt the Depression? During World War II? have come here in the last 3 elections to keep pace with the cost of living. No During the Korean war? During Water- because I think they have overlooked a more, no less. gate? During the cold war? There lot of history that this Congress strug- It was, and I believe still is, the rec- would never have been a raise, and we gled with throughout most of the 1980’s ommendation of a bipartisan, unani- would end up having what we are com- and into this decade. mous task force. Congress approved ing close to having today, a Congress of In 1989 a bipartisan task force was this as a way of avoiding the conflict of wackos and millionaires reaching a sit- created and reported to this Congress a voting ourselves a pay raise. Now, I realize that accountability is uation where working people, and I am package of ethics reforms that I think important. Credibility is also, just as it talking about the gentleman from New are historic. Certainly that is what was then. I would urge every Member York [Mr. ACKERMAN]. President Bush said when he signed to either take the raise and be public But in any event, very seriously, if them into law. They prohibited Mem- about it as a cost-of-living adjustment, we are to be proud of ourselves as an bers from accepting honoraria for or not take it and be public about that, institution, if we are going to have speeches, a practice that was very if that is what serves your personal enough self pride to stand up for what prevalent here, and played into charges needs or political interests. But do not we believe in, let us have the guts to of special interest dominance; we se- come to the floor and prevent this accept the COLA and not be pandering, verely restricted the ability of Mem- mechanism which we agreed to in a bi- not be yielding to the lowest common bers to receive outside income, in other partisan way from being implemented. denominator. words we could no longer put our name This is the key vote on whether or So, Mr. Speaker, I rise in strongest on the door of a law firm and draw not Members have enough self-respect opposition to the motion of the gentle- down an income; we provided stricter to adequately represent their constitu- woman from Washington, and I ask my financial reporting requirements which ents. I ask for an aye vote on the pre- colleagues to show some guts, show cover not only Members but all high- vious question and final passage. some courage, stand up for what they paid employees of this branch of gov- Mrs. LINDA SMITH of Washington. believe in. ernment and others in the other two Mr. Speaker, I wanted to make a point Mrs. LINDA SMITH of Washington. branches; we repealed the loophole that that actually the majority voted Mr. Speaker, I yield a minute and a said we could take our campaign funds against the pay increase last week, 102 half to the gentleman from South with us when we left Congress as in- to 112, so they would not have passed it Carolina [Mr. SANFORD]. come and live off them, and regrettably had they been the only people here. Mr. SANFORD. Mr. Speaker, I rise some had taken large sums with them; Mr. Speaker, I yield 11⁄2 minutes to here acknowledging the fact that peo- we restricted the ability to lobby in the gentleman from Alabama [Mr. ple work very hard in Congress, but post-employment periods; and we also RILEY]. what I think we have to remind our- made a number of other changes that Mr. RILEY. Mr. Speaker, I am still selves is the fact that we are not veter- were fundamental and much acclaimed. trying to decide if I am a wacko or a ans, some of us are, we are not farmers, millionaire. It is probably a wacko. b 1600 we are not teachers, all of whom de- But as a businessman, for the last 32 serve a COLA, but what we are is the We took action to increase com- years, the one thing that I do realize is elected representative Government of pensation, and, by the way, the gentle- if my company was $5 trillion in debt the United States of America, and as woman from Washington was wrong in and still losing money, the last thing I such I think we have to in essence be a press release she issued. It was not a would do is give management a pay held to a higher standard because what midnight pay raise. It was debated and raise. If we do that, we are sending the the American public expects of us is voted in the light of day, a majority of wrong message to this country. that we lead by example. both parties supported it, and we were That is why yesterday I introduced a When Washington crossed the Dela- proud not only of our courage in deal- bill that will for once and for all do ware 200 years ago he did not say to the ing with the pay issue, but in our abil- away with COLA’s. We do not need folks, ‘‘You guys get in the boat, and ity to reform ourselves in a way that COLA’s in this body. The people of this I’ll meet you on the other side.’’ He got was long overdue. country want us to stand up like men in the boat with them. And if my col- We dealt also with the conflict of in- and women, representing our own con- leagues look at our budget, 73 percent terest that we all have. We are blamed stituencies; they want us to stand up of the cuts, the savings, whatever they if we vote ourselves a pay raise, and we and vote on whether or not we should want to call them, still come in the are blamed if we create a mechanism give that. last 2 years of the budget, so there is which absolves us of that responsibility Is that too much to ask for the peo- much savings still expected from our if it is a COLA and not a pay raise. ple of this country? My bill basically H7766 CONGRESSIONAL RECORD — HOUSE September 24, 1997 does away with COLA’s, and if we want the bill was on the floor for over three- are talking about here today. This is a pay raise, let us come to the floor, let quarters of an hour. not a pay raise; this is about an infla- us ask for the pay raise, let us vote on Mrs. LINDA SMITH of Washington. tion adjustment. It is about upholding it, vote it up or down, and then we can Mr. Speaker, I yield 1 minute to the a law that was passed in 1989. go home and be accountable to our peo- gentleman from Montana [Mr. HILL]. I know Members have deep feelings ple. Mr. HILL. Mr. Speaker, there are two on this issue. I just disagree with them. But without that, Mr. Speaker, I issues before us: One, do you favor or What is really sad to me in the press think we will continue to go through oppose an automatic pay raise; and the reports, because many journalists have this every year, as we have for the last second is do you believe or do you not gotten it wrong and they got it wrong 3 or 4 years, and every year the same believe in accountability? mainly because they were told wrong. I debate comes up. So let us once and for This first vote is are you willing to was on the floor the entire time this all do away with the COLA’s. If we stand up for what you believe in? I bill was debated last week, and there want a pay raise, let us be up front have heard a lot of people talk about were Members who were against the about it, let us bring it before this courage and principle here, and then COLA that were on the floor and did body, and let everyone vote on it, and tell everybody here that they want to not offer an amendment, even though vote it up or down. cast a vote that is going to use proce- it was germane, and chose not to use Mr. HOYER. Mr. Speaker, I yield 1 dure to avoid being counted for where the procedure by which they could as minute to the distinguished gentleman they stand. Now, I do not think that is Members of the House effect what they from Texas [Mr. LAMPSON]. accountability and I do not think that want. Mr. LAMPSON. Mr. Speaker, I rise to is responsibility. This bill does not even speak to infla- speak about the children, not the 27 Mr. Speaker, I want to remind all tion adjustment. No appropriation bills pictures that I hold in my hand right Members in this Chamber, only by vot- do. In fact, to the gentleman from now, whose pictures were printed in ing no on the previous question will we Montana, if you want to use procedure, the Houston Chronicle on Sunday, all get the opportunity to give these peo- you have to use procedure in order to of whom were abducted and most of ple who profess courage the oppor- have an amendment to change the law whom have been found, unfortunately, tunity to actually cast a vote that they of 1989. dead. are claiming courage for. So I just say that if Members want We have got to speak to the lives of Mrs. LINDA SMITH of Washington. sunshine and they want a vote on the the 114,500 children that the National Mr. Speaker, I yield 30 seconds to the law of 1989, then learn the legislative Center for Missing and Exploited Chil- gentleman from Pennsylvania [Mr. process. Introduce a bill and repeal or dren are trying to be the strong voice FOX]. amend the 1989 law that set up the pay for and having them returned to their Mr. FOX of Pennsylvania. Mr. Speak- process that we go through. families. I think it is wrong for us to be er, I rise in support of the Smith The 1989 law that we passed, as many playing politics with an issue as major amendment. I ask my colleagues to have said, is a law that tried to deal as that of protecting our children. I consider the senior citizens living on with this terrible issue of making sure find it very interesting that this is a fixed incomes, the American working that Members of Congress have a day that we have so much interest on families trying to make ends meet standard of living by which they can such a totally different issue. while holding down two to three jobs, raise their families and live decently We need to put our kids first, Mr. working 7 days a week, and consider while they serve. No outside income is Speaker. our young people, hoping to achieve allowed. We eliminated outside income, Mrs. LINDA SMITH of Washington. the American dream, while paying off except in certain cases. Mr. Speaker, I yield 1 minute to the thousands of dollars in school loans Now, millionaires that serve here and gentleman from Nebraska [Mr. and car payments. I ask Members to people with previous businesses are CHRISTENSEN]. vote against the cost-of-living adjust- able to supplement their income when Mr. CHRISTENSEN. Mr. Speaker, I ment. they find out that they cannot live on would like to identify myself with the Mr. KOLBE. Mr. Speaker, I yield my- this salary. Well, I challenge them to remarks of the previous speaker. I self such time as I may consume. live on this salary and then come down agree. And today’s debate would not be Mr. Speaker, before I yield the bal- here and oppose a cost of living adjust- needed if last week’s event would not ance of my time to the distinguished ment. have occurred during the Treasury- majority whip, let me respond to a We eliminated honoraria, which was Postal debate. comment made a moment earlier about a terrible practice, and instituted a pay It was last week that we were sup- this bill being slipped through. It was raise that brought us into parity with posed to be debating this type of mo- done in the middle of the afternoon. It the kind of purchasing power that tion and this issue. I walked onto the had been on the whip notice for 2 weeks Members had back in the 1970’s. We did floor ready to talk about the issue, and that it was coming up when we finished not have this huge pay raise. We just whether you believe in the COLA or the interminable debate over Labor- came back to that purchasing power. whether you disagree with the COLA, HHS. Mr. Speaker, do you know what the what we were talking about was a vote If in 48 minutes Members cannot find purchasing power of the pay for Mem- on the issue. their way to the floor and offer an bers of Congress was in 1969 if you use I was here, ready to talk about it. I amendment, I do not know why. Maybe 1997 dollars? It is $186,676 in today’s stepped into the cloakroom and made a it says something. Maybe the cost of money. Yet we raised pay to $133,600. phone call, and by the time I came out, living adjustment is not justified under Now, where is the pay raise in that? So it had been slipped through and we those circumstances. There was no at- if you are going to be on this floor and voted on it, and it passed. tempt to be deceitful. There was no at- talk about pay raises, at least get it in What we are talking about here is tempt to do anything that was not perspective about what we are talking open, honest government. It is not above board. about. about whether we deserve or do not de- Mr. Speaker, I yield the balance of We passed a constitutional amend- serve a COLA. What we are talking my time to the gentleman from Texas ment, the Madison amendment, that about is integrity in the institution. [Mr. DELAY], the distinguished Major- was ratified in 1992, that said no pay Like the gentleman from Wisconsin ity Whip. raise would go into effect until there is talked about earlier, whether you be- The SPEAKER pro tempore [Mr. an intervening election. I think that is lieve in it or do not believe in it, it is LAHOOD]. The gentleman from Texas is the kind of reform that we should have not right to be deceitful and deceiving recognized for 41⁄2 minutes. done. the American people. Mr. DELAY. Mr. Speaker, I thank the Now, where we shot ourselves in the Mr. Speaker, I urge strong approval gentleman for yielding me this time. foot is constantly allowing procedure of this motion. Vote against the rule. Mr. Speaker, I just want to say if this to be used in order to bring an amend- Mr. HOYER. Mr. Speaker, I yield my- were a pay raise, as so many have por- ment to the floor nongermane to the self 5 seconds to inform Members that trayed it, I would oppose it, what we bills, so we could all stand up and beat September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7767 our chest and say ‘‘I am going to refuse I urge my friends and colleagues to Mr. Speaker and my colleagues, the the cost of living adjustment.’’ think of this as a matter of unfinished gentleman from Arizona talked about Mr. Speaker, I will tell you some- business for this Congress, to do what our Founding Fathers who pledged thing: Members of this House have is right, act correctly, and let us have their lives, their fortunes, and their sa- families. a vote on this pay increase issue. Vote cred honor. Most of us in this body do b 1615 ‘‘no’’ on the previous question when it not have fortunes to pledge, but if, as comes up in a few minutes. the chairman of the Committee on Ap- They have two homes, in most cases. Mr. HOYER. Mr. Speaker, I yield my- propriations said, we do not on a regu- Some Members are living in their of- self the balance of my time. lar basis stay even, not a raise, stay fices, because they cannot afford a sec- Mr. Speaker, my colleagues, this is a even with the increased costs con- ond residence. The Members of this vote about what we think of ourselves, fronted by our families, then, of neces- House are at the age when they have what we think of this institution, and sity, we will become a body of those their children in college, and I have to the trust and confidence we have in who only have fortunes. tell my colleagues, and I am not mak- those who send us here; a vote on Our honor. I ask every one of my col- ing excuses or apologizing, it is dif- whether we believe that they believe leagues who has come up to me over ficult to raise a family and serve in we are worth what they pay us. the last 10 years and said, I hope you Congress under these conditions, not to This issue is about staying even; not effect a pay raise, to vote for this, for speak of the times that we spend away about raises, about staying even. Ask if that is true, there will be about 375 from our wives and children and the any of our Social Security recipients or of my colleagues who will vote ‘‘yes’’ sacrifices they make to allow us to be our veterans when they get a cost-of- on the previous question. Vote for ex- here. living adjustment if they got a raise, ploited children’s protection, vote Well, I tell my colleagues, my wife, and they will say, my friend, you do ‘‘yes’’ on the previous question, vote and my children sacrifice enough. They not understand. My grocery costs went ‘‘yes’’ on the amendment to instruct deserve a decent living, and I am going up, my prescription drugs went up, my the Senate to protect exploited chil- oil heat bill went up. Yes, perhaps even to give it to them, because I am going dren. to vote for the previous question and my college tuition for my child went Mr. BONILLA. Mr. Speaker, I strongly object vote for the motion to instruct. up. This is about staying even. to the motion being considered today and urge Let me reiterate what the gentleman Mrs. SMITH of Washington. Mr. may colleagues to oppose it and vote no. Sim- from California [Mr. FAZIO] said. In Speaker, I yield the balance of my time ply put, this congress has not had the oppor- 1989, the Members of this House, in a to the gentleman from Indiana [Mr. tunity to vote on stopping the automatic cost- MCINTOSH]. courageous and honest vote, said to their constituents, we are not going to of-living increase for Members of Congress. I Mr. MCINTOSH. Mr. Speaker, first of believe that it is wrong to increase congres- all, let me point out that legislation take outside income. We will rely only on our salary, not on the payment of sional pay at a time when we must make fur- has been introduced to end this auto- ther cuts in Government spending to balance matic pay increase for Congress. In special interest gussied up to be honoraria for speeches. In 16 out of 28 years, the budget. At the very least, the American fact, one of my good friends, the gen- people are entitled to a vote so that they know tleman from New York [Mr. SOLOMON], or 18 out of 26 years, we said we were going to take no cost-of-living adjust- their Member of Congress' position on in- is a cosponsor of that, but for some creasing their own salaries. I want to make it reason, it has not been on the floor of ment, and as a result, the pent-up needs of our families led us to invoke, very clear that I would vote no if there was this House for a vote. So to say that such a vote. Should we fail in our effort to there are other ways to do this, I from time to time, raises of very substantial proportions, as much as 27 per- stop the pay raise I will donate the entire think, is somewhat disingenuous. amount to charity. I will only accept the salary For the record, Members of Congress cent. Our constituents and our public were I was elected to receive. earn $133,000 each year. The COLA that outraged, because they did not know Mr. LAMPSON. Mr. Speaker, as we proceed we are talking about is a $3,000 pay in- that we had not gotten a raise the 6 in this debate, and as chairman of the Con- crease that would go into effect next previous years. They did not know that gressional Missing and Exploited Children's year, and my problem with this process we were catching up. They thought Caucus, I would like to remind my colleagues is that there is too much unfinished that we were taking some outrageous of the importance of the National Center for business in this House for us to vote a pay. Can you blame them? Of course missing and Exploited Children. The National pay increase for ourselves. not. Center has helped locate 114,600 missing Many said it is merely a COLA, just So what the gentleman from Califor- children. We should not play politics with its like Social Security has a COLA. Well, nia [Mr. FAZIO] and the Republican funding. Missing children and frightened fami- Social Security still is not secure, be- leadership proposed was a mechanism lies should be held sacred by this body. cause we are stealing from that trust whereby we would not do that to our- Just last Sunday, the Houston Chronicle fund to pay for the cost of Government. selves, to this institution, or, very printed the pictures of 27 girls who have been They say it is just like the COLA in frankly, to add to the cynicism of our abducted in the area in and around the Ninth capital gains, but we failed to pass a public, and that all we would take is a Congressional District. Our most recent trage- COLA for capital gains. It was not in- cost-of-living adjustment, which, as I dies include 12-year-old Laura Smither of dexed in our tax cut. They say it is just reiterate, keeps us even with the in- Friendswood. Laura was abducted while on like the COLA for veterans, but we still creased costs that we are confronted her morning jog. Her body was found 2 weeks have not made up the lost ground to with on an annual basis. That in- later. She had been murdered. And now we our veterans from the Clinton cut in creased cost would be less by half a are searching for 17-year-old Jessica Cain of their COLA. So there is too much un- point than the private sector increase. Tiki island. Jessica never came home after a finished business in this Congress for Now, my friends, let me say, so we do party on August 19. Her truck was found with us to be passing a pay raise. not feel badly about what I hope we are the engine running and her wallet still on the Let me tell my colleagues exactly going to do, that since 1970, the CPI has front seat. I have met the Smither and Cain what will happen in a few minutes. We increased by 292 percent. Military pay families. I have searched through woods look- will be asked to vote on the previous has increased by 320 percent. All pri- ing for their daughters. Most importantly, in question. I urge my colleagues to vote vate sector pay has increased by 264 becoming involved with this issue, I have ‘‘no.’’ What that does is say we will not percent. Manufacturing blue collar come to know and respect the excellent work have a gag process; we will let a vote workers, I tell my friends, has in- done by the National Center for Missing and come forward on whether or not this creased by 281 percent. Federal retiree Exploited Children on behalf of these children Congress should have a pay increase, pensions increased by 291 percent, just and their families. and then one can vote up or down as to about the CPI Federal civilian pay by We need to give our full support to the Na- whether we should agree to the Senate 243 percent, and Members of Congress tional Center for Missing and Exploited Chil- position, and the Senate position is by 207 percent; I tell my friends, again, dren and give the issue our full attention and that there should be no pay increase some 70 percent below manufacturing respect. I ask my colleagues to protect the until we have finished our business. jobs. funding for the National Center for Missing H7768 CONGRESSIONAL RECORD — HOUSE September 24, 1997 and Exploited Children and to untie any provi- Ney Ros-Lehtinen Tauzin b 1643 sion affecting the National Center from the Oberstar Roybal-Allard Taylor (NC) Obey Rush Thomas Ms. CARSON and Messrs. ADAM COLA. I oppose the COLA, but I am deeply Olver Sabo Thompson SMITH of Washington, LUCAS of Okla- saddened that Members of this body may Ortiz Sawyer Torres homa, MINGE, WHITFIELD, and have to cast a vote against the National Cen- Owens Saxton Towns Upton SCHUMER changed their vote from ter to express their opposition to the COLA. Oxley Schaefer, Dan Packard Scott Velazquez ‘‘yea’’ to ‘‘nay.’’ Vento The SPEAKER pro tempore (Mr. Pallone Serrano Ms. PELOSI, Ms. WOOLSEY, and Mr. Waters LAHOOD). All time has expired. Parker Shaw Watt (NC) KANJORSKI changed their vote from The question is on ordering the pre- Paxon Shuster Waxman ‘‘nay’’ to ‘‘yea.’’ vious question on the motion to in- Payne Sisisky Weldon (FL) So the previous question was ordered. struct offered by the gentleman from Pelosi Skaggs Weldon (PA) Pickering Skeen The result of the vote was announced Maryland [Mr. HOYER]. Wexler Pickett Smith (NJ) Wicker as above recorded. The question was taken; and the Pombo Smith (OR) Wolf Speaker pro tempore announced that Porter Smith (TX) Woolsey b 1645 the ayes appeared to have it. Pryce (OH) Solomon Wynn The SPEAKER pro tempore (Mr. Mrs. LINDA SMITH of Washington. Quinn Spence Yates Rahall Spratt Young (AK) LAHOOD). The question is on the mo- Mr. Speaker, I object to the vote on the Rangel Stark Young (FL) tion to instruct offered by the gen- ground that a quorum is not present Regula Stokes tleman from Maryland [Mr. HOYER]. and make the point of order that a Rogers Stupak The question was taken; and the Rohrabacher Tanner quorum is not present. Speaker pro tempore announced that The SPEAKER pro tempore. Evi- NAYS—199 the ayes appeared to have it. dently a quorum is not present. RECORDED VOTE The Sergeant at Arms will notify ab- Abercrombie Hamilton Portman Aderholt Hayworth Poshard Mr. HOYER. Mr. Speaker, I demand a sent Members. Allen Herger Price (NC) recorded vote. Andrews Hill Radanovich Pursuant to clause 5 of rule XV, the A recorded vote was ordered. Chair will reduce to a minimum of 5 Baesler Hilleary Ramstad Baker Redmond The SPEAKER pro tempore. This minutes the period of time within Hinojosa Baldacci Holden Reyes will be a 5-minute vote. which a vote by electronic device, if or- Barcia Hooley Riggs The vote was taken by electronic de- Barrett (NE) Hostettler Riley dered, will be taken on the question of vice, and there were—ayes 412, noes 2, agreeing to the motion to instruct. Barrett (WI) Hulshof Rivers Bartlett Hutchinson Rodriguez answered ‘‘present’’ 6, not voting 13, as The vote was taken by electronic de- Bass Inglis Roemer follows: vice, and there were—yeas 229, nays Bereuter Istook Rogan 199, not voting 6, as follows: Berry Jenkins Rothman [Roll No. 436] Blagojevich John Roukema AYES—412 [Roll No. 435] Boswell Johnson (CT) Royce Abercrombie Cardin English YEAS—229 Boyd Johnson (WI) Ryun Brady Jones Salmon Ackerman Carson Ensign Ackerman Dickey Jackson-Lee Bryant Kaptur Sanchez Aderholt Castle Eshoo Archer Dicks (TX) Bunning Kasich Sanders Allen Chabot Etheridge Armey Dingell Jefferson Burr Kelly Sandlin Andrews Chambliss Evans Bachus Dixon Johnson, E.B. Canady Kennedy (RI) Sanford Archer Chenoweth Everett Ballenger Doggett Johnson, Sam Cannon Kennelly Scarborough Armey Christensen Ewing Barr Dooley Kanjorski Capps Kildee Schaffer, Bob Bachus Clay Farr Barton Doolittle Kennedy (MA) Carson Kilpatrick Schumer Baesler Clayton Fattah Bateman Doyle Kim Chabot Kind (WI) Sensenbrenner Baker Clement Fawell Becerra Dreier King (NY) Chambliss Kucinich Sessions Baldacci Clyburn Fazio Bentsen Dunn Kingston Chenoweth Lampson Shadegg Ballenger Coble Filner Berman Edwards Kleczka Christensen Largent Shays Barcia Collins Flake Bilbray Ehlers Klink Coburn Leach Sherman Barr Combest Foley Bilirakis Ehrlich Klug Combest Lewis (KY) Shimkus Barrett (NE) Condit Forbes Bishop Engel Knollenberg Cook LoBiondo Skelton Barrett (WI) Conyers Ford Bliley Eshoo Kolbe Cooksey Lofgren Slaughter Bartlett Cook Fowler Blumenauer LaFalce Barton Ewing Costello Lucas Smith (MI) Cooksey Fox Blunt LaHood Bass Costello Frank (MA) Farr Cramer Luther Smith, Adam Boehlert Lantos Bateman Cox Franks (NJ) Fattah Cubin Maloney (CT) Smith, Linda Boehner Latham Becerra Coyne Frelinghuysen Fawell Danner Manzullo Snowbarger Bonior LaTourette Bentsen Cramer Frost Fazio Davis (FL) Mascara Snyder Bono Lazio Bereuter Crane Furse Filner Davis (IL) McCarthy (MO) Souder Borski Levin Berman Crapo Gallegly Flake DeFazio McGovern Stabenow Boucher Lewis (CA) Berry Cubin Ganske Foley DeGette McHale Stearns Brown (CA) Lewis (GA) DeLauro McInnis Stenholm Bilbray Cummings Gejdenson Brown (FL) Fowler Linder Bilirakis Cunningham Gekas Frank (MA) Deutsch McIntosh Strickland Brown (OH) Lipinski Duncan McIntyre Stump Bishop Danner Gephardt Burton Frelinghuysen Livingston Blagojevich Davis (FL) Gibbons Frost Emerson McKinney Sununu Buyer Lowey English Meehan Talent Bliley Davis (IL) Gilchrest Callahan Furse Maloney (NY) Blumenauer Davis (VA) Gillmor Gallegly Ensign Metcalf Tauscher Calvert Manton Etheridge Mica Taylor (MS) Blunt Deal Gilman Camp Ganske Markey Boehlert DeFazio Goodlatte Gephardt Evans Minge Thornberry Campbell Martinez Thune Boehner DeGette Goodling Gilchrest Everett Mink Cardin Matsui Thurman Bonior Delahunt Gordon Gilman Forbes Moran (KS) Castle McCarthy (NY) Tiahrt Bono DeLauro Goss Gingrich Ford Myrick Clay McCollum Tierney Borski DeLay Graham Goodlatte Fox Nethercutt Clayton McCrery Traficant Boswell Dellums Granger Goss Franks (NJ) Neumann Clement McDade Turner Boucher Deutsch Green Greenwood Gejdenson Northup Clyburn McDermott Gekas Norwood Visclosky Boyd Diaz-Balart Greenwood Hall (OH) Coble McHugh Gibbons Nussle Walsh Brady Dickey Gutierrez Hansen Collins McKeon Gillmor Pappas Wamp Brown (CA) Dicks Gutknecht Harman Condit McNulty Goode Pascrell Watkins Brown (FL) Dingell Hall (OH) Hastert Conyers Meek Goodling Pastor Watts (OK) Brown (OH) Dixon Hall (TX) Hastings (WA) Cox Menendez Gordon Paul Weller Bryant Doggett Hamilton Hefley Coyne Millender- Graham Pease Weygand Bunning Dooley Hansen Hefner Crane McDonald Granger Peterson (MN) White Burr Doolittle Harman Hilliard Crapo Miller (CA) Green Peterson (PA) Whitfield Burton Doyle Hastert Hinchey Cummings Miller (FL) Gutierrez Petri Wise Buyer Dreier Hastings (WA) Hobson Cunningham Moakley Gutknecht Pitts Callahan Duncan Hayworth Davis (VA) Hoekstra Mollohan Hall (TX) Pomeroy Calvert Dunn Hefley Deal Horn Moran (VA) Camp Edwards Hefner Houghton Delahunt Morella NOT VOTING—6 Campbell Ehlers Herger DeLay Hoyer Murtha Canady Ehrlich Hill Dellums Hyde Nadler Bonilla Gonzalez Hunter Cannon Emerson Hilleary Diaz-Balart Jackson (IL) Neal Foglietta Hastings (FL) Schiff Capps Engel Hilliard September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7769 Hinchey McIntosh Sanchez b 1651 Bereuter Graham Morella Hinojosa McIntyre Sanders Berman Granger Murtha Hobson McKeon Sandlin Mr. SALMON changed his vote from Bilbray Green Myrick Hoekstra McKinney Sanford ‘‘aye’’ to ‘‘present.’’ Bilirakis Greenwood Neal Holden McNulty Sawyer So the motion to instruct was agreed Bishop Gutierrez Nethercutt Hooley Meehan Saxton Blagojevich Gutknecht Neumann Horn Meek Schaefer, Dan to. Bliley Hall (TX) Ney Hostettler Menendez Schaffer, Bob The result of the vote was announced Blumenauer Hamilton Northup Houghton Metcalf Schumer as above recorded. Blunt Hansen Norwood Scott Boehlert Hastert Nussle Hoyer Mica A motion to reconsider was laid on Hulshof Millender- Sensenbrenner Boehner Hastings (WA) Ortiz Hutchinson McDonald Serrano the table. Boswell Hayworth Owens Sessions Boucher Hefley Oxley Hyde Miller (FL) PERSONAL EXPLANATION Shaw Boyd Hefner Packard Inglis Minge Mr. PASTOR. Mr. Speaker, on rollcall No. Istook Mink Shays Brady Herger Pappas Sherman Jackson (IL) Moakley 436, I was in a meeting and the beeper did Brown (CA) Hill Parker Shuster Brown (FL) Hilleary Pascrell Jackson-Lee Mollohan not work, and I missed the vote. Had I been Sisisky Bryant Hilliard Pastor (TX) Moran (KS) Skaggs present, I would have voted ``aye.'' Bunning Hinojosa Paul Jefferson Moran (VA) Skeen The SPEAKER pro tempore. Without Burr Hobson Paxon Jenkins Morella Skelton Burton Hoekstra Payne John Murtha objection, the Chair appoints the fol- Slaughter Callahan Holden Pease Johnson (CT) Myrick Smith (MI) lowing conferees: Calvert Hooley Peterson (MN) Johnson (WI) Nadler Smith (NJ) For consideration of the House bill, Camp Horn Peterson (PA) Johnson, E.B. Neal Smith (OR) and the Senate amendment, and modi- Campbell Houghton Petri Johnson, Sam Nethercutt Smith (TX) fications committed to conference: Canady Hulshof Pickering Jones Neumann Smith, Adam Cannon Hutchinson Pickett Kanjorski Northup Snowbarger Messrs. KOLBE, WOLF, LIVINGSTON, Carson Hyde Pitts Kasich Norwood Snyder HOYER, and OBEY. Castle Inglis Pombo Kelly Nussle Solomon As additional conferees solely for Chabot Istook Pomeroy Kennedy (MA) Oberstar Spratt Chambliss Jackson (IL) Porter Kennedy (RI) Obey Stabenow consideration of titles I through IV of Chenoweth Jackson-Lee Portman Kennelly Olver Stark the House bill, and titles I through IV Christensen (TX) Poshard Kildee Ortiz Stearns of the Senate amendment, and modi- Clay Jenkins Price (NC) Kilpatrick Owens Stenholm fications committed to conference: Mr. Clayton John Pryce (OH) Kim Oxley Stokes Clement Johnson (CT) Quinn Kind (WI) Packard Strickland ISTOOK, Mrs. NORTHUP, and Mrs. MEEK Clyburn Johnson (WI) Radanovich King (NY) Pallone Stump of Florida. Coble Johnson, E. B. Rahall Kingston Pappas Stupak There was no objection. Coburn Johnson, Sam Ramstad Kleczka Parker Sununu Collins Jones Rangel Klink Pascrell Talent f Combest Kanjorski Redmond Klug Paul Tanner Condit Kasich Regula Knollenberg Paxon Tauscher MOTION TO ADJOURN Cook Kelly Reyes Tauzin Cooksey Kennedy (MA) Riggs Kolbe Payne Ms. ESHOO. Mr. Speaker, I move Kucinich Pease Taylor (MS) Costello Kennedy (RI) Riley LaFalce Pelosi Taylor (NC) that the House do now adjourn. Cox Kildee Rivers LaHood Peterson (MN) Thomas The SPEAKER pro tempore. The Cramer Kim Rodriguez Lampson Peterson (PA) Thompson question is on the motion to adjourn Crane King (NY) Roemer Lantos Petri Thornberry Crapo Kingston Rogan Largent Pickering Thune offered by the gentlewoman from Cali- Cubin Kleczka Rogers Latham Pickett Thurman fornia [Ms. ESHOO]. Cummings Klink Rohrabacher LaTourette Pitts Tiahrt The question was taken; and the Cunningham Klug Ros-Lehtinen Tierney Danner Knollenberg Rothman Lazio Pombo Speaker pro tempore announced that Leach Pomeroy Torres Davis (IL) Kolbe Roukema Levin Porter Towns the noes appeared to have it. Davis (VA) Kucinich Roybal-Allard Traficant Deal LaHood Royce Lewis (CA) Portman RECORDED VOTE Turner DeGette Lampson Rush Lewis (GA) Poshard Ms. ESHOO. Mr. Speaker, I demand a Lewis (KY) Price (NC) Upton DeLay Lantos Ryun Linder Pryce (OH) Velazquez recorded vote. Dellums Latham Sanchez Lipinski Quinn Vento A recorded vote was ordered. Diaz-Balart LaTourette Sandlin Livingston Radanovich Visclosky Dickey Lazio Sanford Walsh The vote was taken by electronic de- Dicks Leach Saxton LoBiondo Rahall Wamp Dingell Levin Schaefer, Dan Lofgren Ramstad vice, and there were—ayes 70, noes 342, Waters Dixon Lewis (CA) Schaffer, Bob Lowey Rangel not voting 21, as follows: Watkins Dooley Lewis (KY) Schumer Lucas Redmond Watt (NC) [Roll No. 437] Doyle Linder Scott Luther Regula Watts (OK) Dreier Lipinski Sensenbrenner Maloney (CT) Reyes AYES—70 Waxman Duncan Livingston Serrano Maloney (NY) Riggs Andrews Furse Mink Weldon (FL) Dunn LoBiondo Sessions Manton Riley Barrett (WI) Gejdenson Moakley Weller Edwards Lofgren Shaw Manzullo Rivers Becerra Gephardt Nadler Wexler Ehlers Lucas Shays Markey Rodriguez Berry Harman Oberstar Weygand Ehrlich Luther Sherman Bonior Hinchey Obey Martinez Roemer White Emerson Maloney (CT) Shimkus Borski Hostettler Olver Mascara Rogan Whitfield Engel Manton Shuster Brown (OH) Hoyer Pallone Matsui Rogers Wicker English Manzullo Sisisky Capps Jefferson Salmon McCarthy (MO) Rohrabacher Wise Ensign Markey Skaggs Cardin Kaptur Sawyer McCarthy (NY) Ros-Lehtinen Wolf Etheridge Mascara Skeen Conyers Kennelly Scarborough McCollum Rothman Woolsey Everett Matsui Skelton Coyne Kilpatrick Shadegg McCrery Roukema Wynn Ewing McCarthy (MO) Smith (NJ) Davis (FL) Kind (WI) Slaughter McDade Roybal-Allard Yates Fattah McCarthy (NY) Smith (OR) DeFazio LaFalce Souder McDermott Royce Young (AK) Flake McCollum Smith (TX) Delahunt Largent Strickland McGovern Rush Young (FL) Foley McCrery Smith, Adam DeLauro Lewis (GA) Stupak McHugh Ryun Fowler McDade Smith, Linda Deutsch Lowey Tauscher McInnis Sabo Fox McHugh Snowbarger Doggett Maloney (NY) Tierney Franks (NJ) McInnis Snyder Eshoo Martinez Torres NOES—2 Frelinghuysen McIntosh Solomon Evans McDermott Towns Frost McIntyre Spence Coburn Shimkus Farr McGovern Vento Gallegly McKeon Spratt Fazio McNulty Visclosky Ganske McKinney Stabenow Filner Meehan Waxman ANSWERED ‘‘PRESENT’’—6 Gekas Menendez Stark Ford Meek Goode Scarborough Smith, Linda Gibbons Metcalf Stearns Frank (MA) Miller (CA) Salmon Shadegg Souder Gilchrest Mica Stenholm NOES—342 Gillmor Millender- Stokes NOT VOTING—13 Gilman McDonald Stump Abercrombie Baesler Barrett (NE) Goode Miller (FL) Sununu Bonilla Kaptur Schiff Ackerman Baker Bartlett Goodlatte Minge Talent Foglietta McHale Spence Aderholt Baldacci Barton Goodling Mollohan Tanner Gonzalez Miller (CA) Weldon (PA) Archer Ballenger Bass Gordon Moran (KS) Tauzin Hastings (FL) Ney Armey Barcia Bateman Goss Moran (VA) Taylor (MS) Hunter Pastor Bachus Barr Bentsen H7770 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Taylor (NC) Velazquez Wexler will be asking unanimous consent to The Congress deserves substantial Thomas Walsh Weygand Thompson Wamp White pass over Legal Services? credit for beginning to turn the corner Thornberry Waters Whitfield Mr. ROGERS. That is correct, until on crime after many years of effort. Thune Watkins Wicker tomorrow or later in the bill, to take it Over the past 2 fiscal years, this sub- Thurman Watt (NC) Wise out of order. committee and the Congress have in- Tiahrt Watts (OK) Wolf Mr. MOLLOHAN. And we consider Traficant Weldon (FL) Wynn creased funding for law enforcement Turner Weldon (PA) Young (FL) Mr. HYDE’s amendment and not vote on programs by $4.5 billion, a 30 percent Upton Weller it until tomorrow? increase, and this year we redouble NOT VOTING—21 Mr. ROGERS. I am sorry; I did not those efforts. hear the gentleman. Overall, our bill provides $31.7 billion. Allen Forbes Sabo Mr. MOLLOHAN. We would consider Bonilla Gonzalez Sanders That is an increase of $750 million or 3 Bono Hall (OH) Schiff Mr. HYDE’s amendment tonight. percent over fiscal 1997 in discretionary Buyer Hastings (FL) Smith (MI) Mr. ROGERS. We would consider Mr. spending, and another $750 million Doolittle Hunter Woolsey HYDE’s amendment tonight but roll from the Violent Crime Reduction Fawell McHale Yates any vote on that until tomorrow. Foglietta Pelosi Young (AK) Trust Fund. But 90 percent of the in- f b 1716 crease in this bill is for law enforce- DEPARTMENTS OF COMMERCE, ment programs. So the motion to adjourn was re- JUSTICE, AND STATE, THE JUDI- For the Department of Justice the jected. CIARY, AND RELATED AGENCIES bill provides $17.6 billion, an increase of The result of the vote was announced APPROPRIATIONS ACT, 1998 $1.2 billion, 7 percent over current as above recorded. year, $339 million more than was re- f The SPEAKER pro tempore [Mr. LAHOOD]. Pursuant to House Resolu- quested by the administration for law ANNOUNCEMENT OF PROCEDURES tion 239 and rule XXIII, the Chair de- enforcement. We provide an increase of FOR DEBATE TONIGHT ON H.R. clares the House in the Committee of $726 million for State and local law en- 2267, DEPARTMENTS OF COM- the Whole House on the State of the forcement, $738 million more than the MERCE, JUSTICE, AND STATE, Union for the consideration of the bill, President asked of us. THE JUDICIARY, AND RELATED H.R. 2267. We restore the Local Law Enforce- AGENCIES APPROPRIATIONS The Chair designates the gentleman ment block grant at $523 million to ACT, 1998 from Washington [Mr. HASTINGS] as provide direct funding to our commu- (Mr. ROGERS asked and was given Chairman of the Committee of the nities for their most pressing needs. permission to address the House for 1 Whole, and requests the gentleman The President proposed to eliminate it. minute.) from Nebraska [Mr. BARRETT] to as- We disagreed. Mr. ROGERS. Mr. Speaker, shortly sume the chair temporarily. This bill attacks the growing prob- we will be calling up the appropriations b 1722 lem of juvenile crime, a crisis that bill for the Commerce, Justice, and must be addressed by the country. IN THE COMMITTEE OF THE WHOLE State Departments when we go into Twenty percent of those arrested for Accordingly the House resolved itself the Committee of the Whole. It is our violent crime are less than 18 years of into the Committee of the Whole House intention, and we have conferred with age, 70 percent higher than it was 10 on the State of the Union for the con- the minority on this point, it is our in- years ago. Weapons offenses and homi- sideration of the bill (H.R. 2267) mak- tention to have general debate tonight, cides are two of the fastest growing ing appropriations for the Departments and debate the Hyde amendment to crimes committed by juveniles. of Commerce, Justice, and State, the title 6, but postpone any vote on that This bill faces that issue straight on. Judiciary, and related agencies for the matter until tomorrow. Then we would We include a total of $538 million for fiscal year ending September 30, 1998, read through title I of the bill and de- new juvenile crime initiatives. We pro- and for other purposes, with Mr. bate any amendments thereto until 9 vide $300 million for new juvenile crime BARRETT of Nebraska, Chairman pro o’clock, or if we finish title I before 9 block grants, compared to $150 million tempore, in the chair. o’clock, stop at the conclusion of title requested by the White House to fund The Clerk read the title of the bill. H.R. 3 that passed the House by a 2 to I, roll any votes that may occur to The CHAIRMAN pro tempore. Pursu- 1 margin. Another $238 million in the title I until tomorrow, and then pass ant to the rule, the bill is considered as bill is for juvenile crime prevention over any amendments in title I dealing having been read the first time. programs, $64 million over last year, $7 with Legal Services Corporation until Under the rule, the gentleman from million more than we were requested, tomorrow. We would debate and vote Kentucky [Mr. ROGERS] and the gen- and that funds H.R. 1818, the bipartisan LSC tomorrow. tleman from West Virginia [Mr. MOL- bill that passed the House in July, an That is our general intention, and I LOHAN] each will control 30 minutes. have conferred with my dear colleague, The Chair recognizes the gentleman initiative again of the Congress. the gentleman from West Virginia [Mr. from Kentucky [Mr. ROGERS]. For violence against women pro- MOLLOHAN], the ranking member of the Mr. ROGERS. Mr. Chairman, I yield grams we provide $306 million. That is subcommittee, and if he would like to myself such time as I may consume. a $109 million increase over current discuss it, I will yield to him at this Mr. Chairman, H.R. 2267, the Com- spending, $57 million more than the time. merce, Justice, State, and Judiciary President requested. Mr. MOLLOHAN. Mr. Speaker, will appropriations bill for fiscal year 1998, For the war on drugs we provide a the gentleman yield? is the centerpiece of action by the Con- $200 million increase, including a $134 Mr. ROGERS. I yield to the gen- gress this year to: First, continue the million increase for the Drug Enforce- tleman from West Virginia. war on crime and drugs; second, make ment Administration; a $34 million ini- Mr. MOLLOHAN. Mr. Speaker, we our neighborhoods safer for families tiative in the Caribbean, a main route have discussed this. I think it is a good and children; third, bring our borders into our Nation from South America of way to proceed tonight, and I have no under control; and fourth, address sky- hard drugs; a $51 million increase for objection. rocketing rate of juvenile crime with the Southwest border, the other big av- Mr. ROGERS. So, Mr. Speaker, Mem- an aggressive new initiative in this enue for drugs coming into our coun- bers would be advised that barring a bill. try; and $46 million to combat heroin motion to adjourn or some such very Mr. Chairman, the determination of and the reemergence of important matter there would be no this Nation to reduce crime is paying methamphetamines as a scourge on our further votes this evening. off. The Nation’s crime rate today is young people. Mr. MOLLOHAN. Mr. Speaker, if the lower than any time since 1985. In 1996 To control our borders that are still gentleman would continue to yield, it serious reported crime in the United allowing 300,000 more illegal immi- is my understanding that after general States declined 3 percent, including an grants into the country each year, we debate the gentleman from Kentucky 11 percent decline in murder rates. provide a $272 million increase for the September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7771 Immigration and Naturalization Serv- not sampling, if you will, is constitu- For international organizations and ice. That includes a thousand new bor- tional and legal. peacekeeping the bill provides $3 mil- der patrol agents, which is twice what The bill provides $382 million for the lion less than in fiscal 1997. Within that we were asked for by the White House. census. That is an increase of $298 mil- reduced amount, we provide $100 mil- We provide $25 million to restore in- lion over current spending and $27 million for United Nations arrearages, but tegrity to the naturalization process, lion more than we were asked, so there only if an authorization bill passes the ending the fingerprint scam that has can be no question of our willingness to Congress and only if that authorization contributed to felons receiving the spend what it takes to conduct the cen- bill contains real and substantial re- most precious grant that we have, citi- sus in the right way, in the way it has forms of the United Nations as a condi- zenship in the United States. We re- always been done, every 10 years in the tion for release of the money. It has quire criminal record checks before history of this Nation. been this Subcommittee all these years they are granted citizenship, and we re- The Administration wants us to that has been the driving force in push- voke citizenship wrongfully granted to abandon our history and take off on a ing for reform of the United Nations, criminals by the dozens of thousands new, untested, and many of us think, and it is beginning to work. Reforms just last year. illegal, or unlawful, and unconstitu- first, and only then the first step to- The bill also authorizes and directs tional process. The issue is what is reward payment of the arrearages. the Attorney General to fire on the quired by our Constitution and the For the Legal Services Corporation, spot any INS employee who does not laws on the books. It is a legal ques- the bill provides $141 million, which is follow department policy on granting tion, and the bill assures there is a fair half of the current level. We keep the citizenship or who willfully deceives and impartial answer from the only restrictions on these funds to ensure the Congress, as has occurred in the body that can provide that, the Su- that they are spent only to provide past year. preme Court. civil legal assistance to the poor, and b 1730 The legislative branch and the execu- adds a new one to give LSC more authority to sanction grantees that vio- Six hundred million dollars goes to tive branch of government differ on late those important restrictions. States for their costs in jailing illegal this point. They say it is legal; we say aliens, a $100 million increase over last it is not. The third branch, the Judici- I want to thank my very able rank- year and over the President’s request. ary, under our Constitution, is the only ing minority member, the very able This bill, Mr. Chairman, does not let body that can deliberate that question gentleman from West Virginia [Mr. up in the war on crime, drugs, and ille- and answer it. MOLLOHAN], who has been a very help- gal immigration, and we break new Before billions of dollars of tax- ful and wise helpmate in drafting of the ground on juvenile crime and juvenile payers’ monies are put at risk for the bill. I want to thank our full commit- crime prevention. first time in a sampling process that tee chairman, the gentleman from Lou- For the balance of the bill, with very we think is unconstitutional, the Con- isiana [Mr. LIVINGSTON], who has been few exceptions, funding is provided at gress, the Administration, and, most especially helpful, as well as the rank- or below current levels. For the Com- importantly, the public deserve to have ing full committee minority member, merce Department, the bill provides the dispute resolved beforehand, and the gentleman from Wisconsin [Mr. $4.1 billion, a $332 million increase, and that is what we do in the bill. OBEY], for being very helpful, and, of that is related to the ramp-up for the For the international programs in course, all the members of our sub- decennial census in the year 2000. the bill, State Department operations, committee who have been able and On the 2000 census, Mr. Chairman, the United States Information Agency, helpful workmates in preparing this the issue is whether to spend more the Arms Control and Disarmament bill. We appreciate their help and sup- than $4 billion in the next three years Agency, for all practical purposes, the port, more than we can say. for a census that abandons for the first bill level funds them. Mr. Chairman, this bill will give the time in our history an actual head The only new initiative is $40 million American people a stronger domestic count before we know whether or not to fund a 24 hour broadcasting oper- defense against crime, while exercising such a procedure is constitutional and ation to China through Radio Free restraint and insisting on reform in the legal, or whether to do the most pru- Asia and Voice of America, an initia- balance of the bill. It is a bill that I dent and logical thing and get the tive proposed by the Speaker and en- commend highly to our colleagues, and courts to tell us beforehand whether or dorsed by the President. urge their support. H7772 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7773 H7774 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7775 H7776 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7777 H7778 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7779 H7780 CONGRESSIONAL RECORD — HOUSE September 24, 1997 September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7781 Mr. Chairman, I reserve the balance legal immigration. Of particular note pling is the solution that the National of my time. with regard to curbing the flow of il- Academy of Sciences has come up with Mr. MOLLOHAN. Mr. Chairman, I licit drugs into the United States, to speak to the concerns expressed by yield myself such time as I may funds are provided for both a South- many Members of this body after the consume. west border initiative and a Caribbean 1990 census, when we were expressing Mr. Chairman, I thank the gentleman initiative. In the area of State and doubts about the accuracy of the cen- from Kentucky [Mr. ROGERS], the dis- local enforcement, I am pleased to re- sus. We asked experts to look at this tinguished chairman, for his kind report that full funding is provided for issue and to recommend to the Con- marks. I want to echo my remarks the COPS Program and the Byrne gress how we could make the census from the full committee markup re- grant program. We see no debate on more accurate, how we could count garding the fine job that our chairman those issues on the floor this year. more people, how we could include has done on this bill. Chairman ROGERS Members of this committee will also more of the population in the process, characteristically has done an exem- be pleased to know the Violence and the answer was sampling. plary job with regard to this bill. He Against Women’s Act Program is fund- Sampling is not new in the census has worked diligently, he has taken ex- ed above the President’s request in this process. It has been used for a number cellent testimony from the agencies, bill. I am happy to note that particular of the censuses, I am advised going from outside witnesses, and he has put focus has been given to funding for ju- back some 30 years, but the sophistica- together a document at the same time, venile justice delinquency prevention tion of the process and the extent of in- including the concerns of the minority programs. We have provided a small in- corporating it into the census would be and certainly our input. We are very crease above the President’s request new, and the Census Bureau, regardless appreciative of that attitude and that for juvenile crime prevention proof what we do with sending it to the way of proceeding and think it is very grams; $300 million has been provided courts or sending it to the authorizers constructive and thank him for it. for a new block grant program and for legislative disposition of the issue I also want to commend at the begin- funds for the local law enforcement of sampling, we need to be able to plan ning the fine work and hard work of block grant program are also included. to incorporate sampling in the process. some awfully good staff, Mr. Chairman. With respect to our international Under the language in the bill, we First of all, I want to note the excel- commitments, this bill represents the cannot do that because of the delays lent work that two members of my per- beginning of a bipartisan effort to inherent in the bill language. We would sonal staff have done, Liz Whyte and eliminate our U.N. arrearages, and I be so far into the process that the Cen- Sally Gaines. I appreciate their tireless am hopeful we will continue on this sus Bureau could not bring sampling efforts throughout the fiscal year 1998 track in the future. I know there are into the census taking. appropriations bill. It has been tremen- some amendments addressing this We need to fix that, and the Mollo- dous and the minority, we sometimes issue. I hope that they are not seri- han-Shays amendment does it. If the we work harder because we have less ously entertained by the Congress and Mollohan-Shays amendment is not staff and they have done a tremendous that they are defeated. adopted, Mr. Chairman, the President job, both of my personal staff, and I am Also, I want to mention that this bill will likely veto this bill. very appreciative. provides increases over fiscal year 1997 This bill provides $185 million for the Likewise, I am especially appre- for a number of State Department op- advanced technology program. While I ciative to the minority appropriations erating accounts. am pleased that the chairman is pro- staff, Mark Murray, David Reich, and Lastly, I feel that this bill in most viding some funding, it still is signifi- Pat Schlueter, for the excellent job instances deals fairly with the Com- cantly below what was requested by they likewise have done in conjunction merce Department. The chairman has the administration, and I hope we can with the hard working committee staff, continued his commitment to such im- increase that funding as time goes on. Jim Kulikowski, Therese McAuliffe, portant programs as the public works Jennifer Miller, Mike Ringler, and grant program, PTFP, manufacturing Finally, Mr. Chairman, I regret that Jane Weisman. The committee is cer- extension partnership program, trade a 50 percent reduction was made to the tainly well served by all these dedi- adjustment assistance, and the Inter- funding for the Legal Services Corpora- cated staff personnel. national Trade Administration. tion. As many know, the Legal Serv- Mr. Chairman, as the chairman has Additionally, this bill provides more ices Corporation is the only place indicated in his remarks, much of than the administration’s request for many impoverished individuals in our which I associate myself with, there the critical missions of the National Nation can turn to in times of legal are a lot of things to like about this Weather Service, being responsive to need. The funding level provided in this bill. Few will find fault with the robust the concerns that were expressed dur- bill will ensure that many, many of our funds that have been provided for the ing markup and during the summer most vulnerable citizens will not have Department of Justice and law enforce- and spring about the National Weather legal representation in times of crisis. ment in general. Funds are provided in Service and its ability to perform its That is unacceptable in America. excess of those requested by the admin- mission. I plan to offer an amendment later in istration in many accounts. As pleased as I am with the funding the debate to restore $190 million in Clearly law enforcement is an impor- levels, Mr. Chairman, for these pro- funding to this vital agency. We are tant priority of the Congress. It is an grams that I have just mentioned, I going to destroy the language in the important priority of this administra- want my colleagues to understand that bill and replace it with the language in tion, it is an important priority of the this bill, like everything else, is not my amendment. Nation, and the bill certainly rises to perfect. There are several issues which This will also be a bipartisan amend- the occasion. I would like to improve. I wanted to ment, Mr. Chairman. The gentleman Members will be pleased to know mention just a few of those that stand from Pennsylvania [Mr. FOX], who was that generous increases are provided out. a cosponsor of the amendment last over fiscal year 1997 spending levels for First, although this bill provides year to restore funds to Legal Services, the FBI, for U.S. attorneys, for the more than the administration has re- will also be the cosponsor on this bi- U.S. Marshal Service, and for the Im- quested for the 2000 census, I am deeply partisan amendment. migration and Naturalization Service. concerned with the restrictions placed This list is not exhaustive, but high- We have doubled the administration’s on sampling, the most contentious lights a number of areas which I hope requests for border patrol agents and issue in this bill, and restrictions on can improve the bill as it proceeds. I provided more funds than requested by the Census Bureau in general. want to thank the chairman for his co- the President for the Drug Enforce- The gentleman from Connecticut operation, leadership, good faith ef- ment Administration. [Mr. SHAYS] and I plan to offer an forts, and responsiveness to our con- Such funds will enable us to continue amendment on this issue, which I hope cerns. our important work in combating ter- my colleagues from both sides of the Mr. Chairman, I reserve the balance rorism, illicit drug trafficking, and il- aisle will consider supporting. Sam- of my time. H7782 CONGRESSIONAL RECORD — HOUSE September 24, 1997 b 1745 Mr. Chairman, I rise in support of the Fiscal Mr. MOLLOHAN. Mr. Chairman, I Mr. ROGERS. Mr. Chairman, I yield Year 1997 Commerce, Justice, State and the yield 2 minutes to the gentleman from myself such time as I may consume to Judiciary Appropriations Act. I would like to Colorado [Mr. SKAGGS], a very excel- join the gentleman from West Virginia commend Chairman ROGERS and ranking lent member of the subcommittee. [Mr. MOLLOHAN], my ranking member, member Mr. MOLLOHAN for balancing the Mr. SKAGGS. Mr. Chairman, I thank in also thanking staff on the sub- many different functions and programs that the gentleman for yielding me this committee and our personal staffs for are funded in this bill. You have worked hard, time. I want to express my thanks to the excellent work that they have done Mr. Chairman, to accommodate many diverse the gentleman from Kentucky [Mr. in getting us to this point. Were it not and competing interests in the bill. ROGERS], our chairman, and the gen- for them, we would not be here, obvi- One of the highlights of this bill is the initia- tleman from West Virginia [Mr. MOL- ously. tive to combat juvenile delinquency. It is dis- LOHAN], and our excellent staff for their Mr. Chairman, I yield 2 minutes to turbing to note that since 1989, arrests of Ohio usual good work in putting this bill to- the gentleman from Ohio [Mr. REGULA], juveniles for violent crimes have risen 62 per- gether. It really is an incredibly rich one of the very able and hard-working cent, and 20 percent of all violent crimes na- array of important funding for vital members of this subcommittee, who tionally are committed by youths under the programs that this Government under- also is chairman of one of the sub- age of 18. takes in behalf of all of our citizens. committees of the Committee on Ap- But, there are many solutions being sought, Many of them have already been men- propriations, the Subcommittee on In- and this bill contains a $63.4 million increase tioned: from law enforcement to crime terior, and who also does a wonderful in funding for Juvenile Justice programs to prevention; border enforcement, immi- job there. fund many of these programs. The increased gration control and naturalization; the (Mr. REGULA asked and was given funding is directed not only toward law en- criminal and civil justice systems and permission to revise and extend his re- forcement initiatives to punish violent juvenile our courts, all funded in this bill; im- marks.) offenders, but also toward quality intervention portant funding for the regulation of Mr. REGULA. Mr. Chairman, I thank and prevention programs to help our youth commerce, securities and communica- the gentleman for yielding. from falling into the delinquency trap. tions; protection of intellectual prop- I will summarize. There are three im- Earlier this month, I joined Ohio Attorney erty; the funding for research into the portant points I would like to make. General Betty Montgomery in unveiling Project atmosphere and the oceans; coopera- First, this bill has an initiative to com- OASIS (Ohio Accelerated School-based Inter- tive efforts between government and bat juvenile delinquency. This is a vention Solution), an innovative new youth de- private industry in cutting-edge tech- growing problem in our society, and we linquency intervention and prevention program nology through the ATP program; de- recognize it by increasing the appro- in Ohio. The program will provide intensive su- veloping absolutely essential standards priation for this program by 63 plus pervision for youth in grades 5±7 who are at- for commerce and industry through the risk for increased delinquent behavior. million dollars. How does it work? It National Institute for Standards and Project OASIS, which receives funding from works very well in terms of getting out Technology; supporting this country’s the Justice Department's Office of Juvenile and developing partnerships. presence around the world in diplo- Recently the Attorney General of Justice and Delinquency, represents an effective solution crafted by a Federal, State and macy and arms control and many other Ohio, Betty Montgomery, and myself important international efforts; as the participated in unveiling Ohio’s OASIS local partnership. I continue to strongly support this and other programs that provide spe- chairman pointed out, making major project: Ohio’s Accelerated School- progress in resolving our U.N. funding based Intervention Solution. This is de- cific solutions that work in a particular State or locality to help our youth stay on track and fin- arrearage issue; international trade, signed to establish a partnership funding for the U.S. Trade Representa- among the State officials, the local of- ish their educations. Another issue of importance to north-east tives, all vital services. ficials, the schools, the private sector Ohio is the important work that the Commerce In addition to the good work in these to deal with juvenile problems, and it Department is doing to promote U.S. exports areas, we do have some serious prob- focuses on early intervention, recogniz- abroad and to enforce U.S. trade laws at lems. We have to raise the funding for ing that the best medicine is preven- home to ensure that U.S. companies have a legal services if our goal of equal jus- tive medicine, and if we can reach level playing field in the global marketplace. tice under law is to be a meaningful these young people early on, there is a In recent statistics released by the Com- one. We have to deal with the census good chance of helping them avoid merce Department, merchandise export sales sampling matter if we are honest about trouble later down the road. This pro- from the Canton-Massillon area in my district our desire to have an accurate count of gram is funded by the monies in this have increased 50 percent from 1993 to 1995. the people in this country, and not bill. We are further told by federal officials that, on using this as a passive aggressive tech- Secondly, there is money in this bill average, jobs supported by exports pay 13 to nique for avoiding adding Representa- to promote U.S. exports abroad and to 16 percent more than other U.S. jobs. tives in this House from certain areas enforce U.S. trade laws at home. The Therefore, I support the $9.5 million in- that are undercounted. Finally, there Commerce Department’s merchandiz- crease for the Commerce Department's Inter- are some needs to reinforce funding in ing export sales statistics from Canton- national Trade Administration because ex- some vital trade areas and research Massillon, which is part of my district, pending exports, as well as protecting domes- areas, where I look forward to working have increased 50 percent from 1993 to tic companies against unfair foreign trade with the chairman of the subcommit- 1995. I think it indicates the impor- practices, are both crucial to creating and tee as the bill moves through the proc- tance of exports and ensures that these maintaining high wage jobs in the U.S. ess. are done on a fair basis, that they are Finally, I would like to highlight report lan- Mr. ROGERS. Mr. Chairman, I yield 2 encouraged, and likewise, to prevent guage with respect to recent proposed minutes to the gentleman from New dumping into our own markets. Thus, changes to the ``Made in the USA'' label made York [Mr. FORBES], a very hard-work- it is important that we support the by the Federal Trade Commission (FTC). ing member of our subcommittee. International Trade Administration. These proposed new guidelines would allow [Mr. FORBES asked and was given This bill contains an increase for the the ``Made in the USA'' label to be used on permission to revise and extend his re- Commerce Department to ensure that products for which U.S. manufacturing costs marks.) the ITA will have adequate funds to en- are as low as 75 percent of the total manufac- Mr. FORBES. Mr. Chairman, I grew sure that trade laws are enforced cor- turing costs. The Committee report urges the up on the eastern end of Long Island rectly. FTC to retain the current standard for ``Made around Montauk Point. It is a beau- The last item is the ‘‘made in USA’’ in the USA'' which requires that ``all or virtually tiful part of the world, and needless to label. Some thought that this could be all'' of the product must be made in America. say, I have spent many a day during reduced to 75 percent and still qualify U.S. consumers should not be misled and my youth swimming and fishing and on goods produced in the United U.S. workmanship should not be undersold. boating on the Atlantic and Long Is- States. I think that is wrong. If it is I urge my colleagues to support this impor- land Sound. Like so many, I possess a made in the USA, it should be made in tant bill and I look forward to working with the great respect for our natural coastal the USA. Chairman when the bill reaches conference. heritage. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7783 I want to commend and sincerely illegally, it is important to increase $600 millionÐto reimburse States and local- thank my chairman, the gentleman the personnel, and we have provided ities for the cost of incarcerating illegal aliens from Kentucky [Mr. ROGERS], and of $125 million to do so. The COPS Pro- who commit criminal offenses. These costs course the ranking member, the gen- gram that has provided new employ- impose an enormous burden on States and lo- tleman from West Virginia [Mr. MOL- ment for law enforcement officers in so calities as a result of the Federal Govern- LOHAN], and the subcommittee staffs on many communities is funded at last ment's inability to control the border. both sides of the aisle, and, of course, year’s level, but most importantly, the Control of the border is crucial also to our my colleagues for crafting what I be- COPS technology program has ear- fight to stem the tide of illegal drugs coming lieve is an equitable, bipartisan bill marked $30 million for programs to into the United States. The State Department that among so many good public policy fight the war against drugs and, in par- estimates that in 1996, 50±70 percent of co- issues addresses some of the problems ticular, the methamphetamine pro- caine, up to 80 percent of foreign grown mari- facing the coastal areas, like my own gram. California is the capital of the juana, and 20±30 percent of heroin entered on Long Island. manufacturing of methamphetamine, the United States from Mexico, across our Brown Tide is a micro-algae bloom and I am pleased that myself and the southwestern border. that was first reported in the bays gentleman from California [Mr. LEWIS] In addition to controlling the importation of il- along Rhode Island in 1985, devastating were able to encourage the committee legal drugs, this bill also addresses production our shellfish industry, a multimillion- to mark $18 million to fight that drug within our borders. Methamphetamine is the dollar industry, and reducing the har- war. fastest growing abused drug in the Nation. vest from a high of 278,000 pounds back While I support this bill, there are se- Emergency room admissions related to ``meth'' in 1984 to just 250 pounds in 1988. rious problems with the bill that I hope more than tripled between 1991 and 1994. This Brown Tide is a phenomenon will be modified and rectified as we Unfortunately, my State is so active in meth that has gripped many coastal areas move along on the floor and in con- production that the DEA has listed California around the country, and like its relat- ference. One is the limitation on sam- as a source country for the drug. H.R. 2267 ed kin, the Red Tide that the gen- pling. I recognize that the chairman of earmarks $30 million in COPS grants to tleman from Florida [Mr. MILLER], my the committee has come a long way in States to combat meth production, including good friend, has been struggling to his effort to try to accommodate every- $18.2 million to the California Bureau of Nar- fight down in the Florida area, this body on this issue, but I would urge my cotics Enforcement to assist its work in shut- phenomenon has created quite a lot of colleagues to listen to the debate and ting down clandestine meth labs. We continue to fund the COPS Program, havoc. So I went to commend the sub- adopt and support the amendment of- working toward the goal of putting 100,000 committee for its sensitivity in mak- fered by the gentleman from West Vir- more police officers on the street by 2000. Al- ing sure that the Brown Tide and the ginia [Mr. MOLLOHAN] and the gen- ready COPS grants have funded the hiring of Red Tide phenomena are dealt with in tleman from Connecticut [Mr. SHAYS]. 61,000 new officers, including over 3,000 new this legislation. As the gentleman from Colorado [Mr. or redeployed officers in Los Angeles. We are Billions of dollars in economic SKAGGS] points out, it is very impor- seeing results from this and other anticrime ef- growth and thousands of jobs, much tant that poor people have access to forts, with violent crime dropping 12.4 percent less the countless recreational opportu- the civil courts of our society. This bill in 1995. Additionally, the subcommittee has nities, are being wasted as a result of contains a 50 percent cut below last recognized the need for increased flexibility in overfishing, and this bill deals in a year’s level of funding for the Legal the application of grant money, providing $35 good way with that problem. I support Services Corporation, and I would ask million for COPS technology grants to help law the committee’s recommendation of my colleagues to support the Mollo- enforcement use officers more efficiently in in- $108.5 million for the National Marine han-Fox amendment that will raise it vestigating, responding to, and preventing Fisheries Service Conservation Man- at least to $258 million. crime. agement and Operations Program. It is In all, I think this is a good job, but It is important to reiterate that addressing an increase of about $5 million over exit is certainly proof that as we move the Nation's crime problem requires a two- isting funding, and it will provide the along on the floor and in conference, pronged approach involving both tough law National Marine Fisheries with the that we can improve this bill, and I enforcement and programs to prevent crime. kind of tools that it needs to deal with look forward to working with my col- While criminals must face sure punishment for this very serious problem of overfish- leagues. their crimes, we must also be proactive. Once ing in our waters. Mr. Chairman, I rise today in support of H.R. a crime is committedÐonce a person has Mr. MOLLOHAN. Mr. Chairman, I am 2267, the Commerce, Justice, State Appro- been a victim of a crimeÐwe have lost half pleased to yield 3 minutes to the gen- priations Act for fiscal year 1998. I commend the battle. H.R. 2267 provides over $280 mil- tleman from California [Mr. DIXON], a Chairman ROGERS and Ranking Member MOL- lion to help prevent crime, including nearly distinguished member of the sub- LOHAN for their work in bringing what can be $238 million for juvenile justice and delin- committee. a difficult bill to the floor. I want to thank the quency prevention. I strongly support this Mr. DIXON. Mr. Chairman, I thank chairman and his staff for their openness and funding to steer our young people away from the gentleman for yielding me this willingness to consider the concerns of all the involvement with crime. time. subcommittee members. While I support H.R. I am pleased that H.R. 2267 adequately I rise in support of H.R. 2267. I would 2267 and many of the important spending pri- funds most State Department accounts and like to compliment the staff for their orities reflected in the bill, I have very serious fully funds current year dues owed to inter- fine work, but, most important, the concerns about several provisions of this leg- national organizations. In the post-cold-war Members that serve on this committee. islation, which I hope will be addressed on the environment, U.S. diplomatic engagement is They are dedicated; they worked very floor and in conference with the Senate. essential to world stability, economic growth, hard to reach a consensus, and they The bill continues to bolster our control over and democratization. deal with some problems that really the southwest border; increases funding to This bill also begins to address the payment confront America. fight illegal drugs and crime; funds crime pre- of U.S. arrears to the United Nations and This bill is very important to Califor- vention programs; and begins to address the other international institutions. These arrears nia. The issue of incarceration of ille- serious issue of U.S. arrears to international are eroding both our credibility in the world gal aliens has been a major problem for organizations. community and our ability to press for impor- the budgetary constraints of the State Controlling our southwestern border is of tant U.N. reforms. H.R. 2267 contains $54 mil- of California, and I am pleased that, on paramount importance to this Nation, my State lion for international organizations arrears and a bipartisan basis, we have increased of California, and particularly Los Angeles $46 million for international peacekeeping ar- that fund from $500 million to $600 mil- County. H.R. 2267 provides $125 million for rears. These payments are an essential step lion this year, and I thank my col- 1,000 new Border Patrol agents, continuing toward fulfilling our obligations to international leagues for that. the expansion of a force that has increased by organizations. As the chairman indicated, the bill 85 percent between fiscal year 1993 through Notwithstanding my support today for mov- provides for an additional 1,000 Border fiscal year 1997. I applaud the 20-percent in- ing H.R. 2267 forward, there are provisions of Patrol people. If we are to get a handle crease over fiscal year 1997 funding of State the bill I oppose and which I hope can be recon people that come across the border criminal alien assistanceÐfrom $500 million to tified. While the bill generously funds all law H7784 CONGRESSIONAL RECORD — HOUSE September 24, 1997 enforcement agencies, the agency that en- time and for the opportunity to speak. reminding people to fill out the form, forces our civil rights lawsÐthe EEOCÐis flat It has been a real privilege to be on and finally a second form just in case funded. This bill generously funds the legal ac- this subcommittee under the chair- the first one was missed, and that is tivities of the Justice Department, but severely man’s leadership and to work in a bi- just for starters. underfunds the agency that guarantees ac- partisan way to really address a lot of b 1800 cess to legal representation for the poorÐ very, very critical problems that we People can pick up census forms in Legal Services Corporation funding has been have nationwide, but in particular for hundreds of thousands of locations, cut from $283 million to $141 million. Finally, me in Iowa. post office, stores, libraries, churches, I believe that the provision related to the Cen- The gentleman from California [Mr. and they can turn in their responses by sus Bureau unnecessarily jeopardizes their DIXON] mentioned methamphetamines, phone for the first time. This will be ability to effectively administer Census 2000 and to me, this is a horrible problem supplemented by a huge advertising by restricting its preparations. that is exploding in the Upper Midwest, campaign using television, radio, bill- The Equal Employment Opportunity Com- and the work that we are doing in this boards and newspapers, outreach and mission has been denied the small increase it bill will help us tremendously as far as promotion through schools and with requested. The EEOC is charged with enforc- enforcement, when we look at the tri- community-based organizations. We ing our Nation's civil rights laws as they per- State drug task force we have in Sioux will use people hired from within the tain to employment in both the private and City and being able to beef up those ef- community. For the first time, the Bu- public sectors. I share the committee's view forts to deal with this problem that is reau is working with local govern- that the agency's backlog is creating unac- going to be devastating to our young ments to make sure the address lists people and really change the whole fab- ceptable delays in the resolution of discrimina- are correct before the census starts. tion cases. Although the agency under Chair- ric of society in our area. This is some- The Bureau is in the process of con- man Gilbert Casellas has made significant thing that I am very proud that this tacting all 39,000 local governments in progress in reducing its backlog, we need to bill addresses. this country asking for their help. ensure that these reductions were not one- Also, the question of more INS Then and only then, after this unprece- time benefit. While I believe that the EEOC agents in our part of the country. A lot dented effort to count everyone by needs to more effectively track staff and re- of people do not think Iowa has much mail, will the census start going door- source usage, denying the agency a modest of a problem. Well, the fact of the mat- to-door, seeking those who still have inflationary increase may only exacerbate the ter is we have a dramatic increase of not responded. delay in resolution of these cases. illegals brought in by the attraction of But going door-to-door is not the This bill provides only $141 million for Legal certain industries, and we have been most accurate way to count everybody. Services Corporation, just over 40 percent of able to in this bill, after the comple- In fact, in 1990 the door-to-door effort its $340 million request for fiscal year 1998 tion of this bill, will have 12 INS agents resulted in a census that was wrong and less than 50 percent of their $283 million in the State of Iowa where previously over 10 percent of the time. To count 35 fiscal year 1997 appropriation. These cuts se- we have had none, and it is a severe percent of the country that did not riously damage the ability of poor people to problem. We will have a colloquy later mail back the census form 10 years ago, seek redress through the legal system. on talking about INS and the problems the Bureau had to hire over 400,000 peo- In 1995 and 1996 the Congress placed re- we have. ple. Just the size of that work force strictions on LSC's activities to address the But this bill goes a long way toward alone guarantees that there will be concerns of members. LSC has also instituted addressing other concerns we have, ob- some mistakes because of inexperience reforms in its granting procedures that have viously, with agriculture, as far as and lack of adequate training. resulted in more efficient delivery of its serv- trade and small business; extremely More importantly, door-to-door work ices. The agency is a model of efficient spend- important to us, and obviously, with asking questions is a difficult and ing of scarce federal resources; its administra- the State Department, too, and our re- sometimes dangerous job. The Bureau tive costs represent a mere 3 percent of its lationships around the world to be able has been working on this since 1950. appropriations. I urge my colleagues to adopt to continue fair and equal trade is very Morris Hanson and W. Edwards the Mollohan/Fox amendment, to increase important. Demming did some experiments that Legal Services Corporation funding to $250 Just maybe a second about the cen- showed that knocking on doors was million. sus. I believe that we have to have an less accurate than mail-out mail-back, Finally H.R. 2267's census provisions could actual count, that that is what the and the GAO agreed. Its evaluations of seriously undermine preparation for the 2000 Constitution says, and this bill cer- 1990 found that the error rate for peo- census. The bill, which allows the Census Bu- tainly follows what is constitutionally ple counted by mail was less than 3 reau to spend only $100 million on census ac- mandated. percent compared to a rate nearly 10 tivities until an authorizing bill is enacted, may Mr. MOLLOHAN. Mr. Chairman, I times that for people who counted the very well leave the Bureau unable to perform yield 5 minutes to the distinguished census going door-to-door. necessary activities such as dress rehearsals. gentleman from Ohio [Mr. SAWYER]. To overcome these problems, the Bu- We know that the 1990 census had an [Mr. SAWYER asked and was given reau developed a plan to improve the undercount. We know that minorities, people permission to revise and extend his re- basic mail count and to improve the in rural areas, and the homeless were dis- marks.) count of those who do not mail back proportionately undercounted. We know that Mr. SAWYER. Mr. Chairman, there their forms. That is the first time the the sampling methods developed by the Bu- are a lot of people who are afraid of the sampling and statistical methods that reau of the Census to get a more accurate political costs of an accurate census. I I just described come in. count have the support of respected scientific think most Americans are afraid of the The Bureau plans to conduct a sam- organizationsÐincluding the National Acad- costs overall of an inaccurate census. ple to complete the count of non- emy of Sciences. I urge my colleagues to sup- As a result, there has been a great deal responding households in a process port the Mollohan-Shays amendment and not of misinformation about what the known as direct sampling. The process block efforts to obtain the most accurate count plans are for 2000. will allow the Bureau to make direct possible. Let me just take a moment tonight contact with 90 percent of the house- I urge my colleagues to support H.R. 2267 to try to set the record straight. Some holds in every census tract in every and look forward to continuing our work on opponents of sampling have said the neighborhood across the country, an problematic areas of this legislation. census will not even try to count ev- unprecedented level of direct counting. Mr. ROGERS. Mr. Chairman, I yield 2 eryone. That is simply not true. The The Bureau will then apply the char- minutes to the gentleman from Iowa Bureau will make an unprecedented ef- acteristics to the remaining 10 percent [Mr. LATHAM], one of the new members fort to count more people than ever be- of households based on information it of our subcommittee who has done a fore in the history of the Nation di- has gathered on all the other house- great amount of work in formulating rectly. The Bureau will send four holds it has counted directly. In census this legislation. pieces of mail to every household; first tracts where the mail response was Mr. LATHAM. Mr. Chairman, I thank a letter explaining the census, and then lower, the size of the sample will be the gentleman for yielding me this the form itself, and then the postcard higher. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7785 After the field work is complete and The bill provides $70 million for cli- variability has as great an impact on North 100 percent of households have been inmate research and prediction activi- America as the El NinÄo. cluded in the census, then the Bureau ties. Of that amount, $4.9 million has As the chairman knows, I originally will conduct a second super-survey 5 been provided to continue the TOGA was prepared to offer an amendment, times larger than ever before, 750,000 observation system, as well as a $2 mil- along with my colleague, the households, covering targeted census lion increase over the current funding gentlelady from San Jose´, to add $4.9 blocks in all 50 States, in order to level for additional climate research, million to this bill for the purpose of check its previous work. It will use its including research into the El Nino ensuring that the TOGA Program best enumerators, with a new set of phenomenon. would continue. Given the chairman’s independent address lists, to make a Mr. CALVERT. I thank the gen- earlier clarifications of the TOGA Pro- final check of undercounts and over- tleman for clarifying this matter. gram, however, I would not seek to counts. The results of that very pre- Mr. BILBRAY. Mr. Chairman, will offer the amendment at this time. cise, very fine-grained second survey the gentleman yield? But if the gentleman would be agree- will then be applied block by block to Mr. CALVERT. I yield to the gen- able, I would like to work further with demographically similar areas across tleman from California. the chairman and our colleagues be- the country. Mr. BILBRAY. I thank the gen- tween now and the conference to en- It is this combination of methods, tleman for yielding to me, Mr. Chair- sure the stability of the underlying re- the old with the new, the outdated with man. search base on this important topic. the modern, the conventional with the I want to take this opportunity to Mr. ROGERS. I would be happy to more accurate, that stands the only thank Chairman ROGERS for clarifying work with the gentleman. chance to produce a better census in the funding for this important pro- Mr. MOLLOHAN. Mr. Chairman, I am 2000. Without these methods, they can gram, TOGA, which not only predicted pleased to yield 30 seconds to the gen- only fall back on prior procedures that the El Nino but also predicted the mas- tlewoman from California [Ms. in the past have failed to count every- sive floods that we saw last year in the LOFGREN]. one. Northwest. Ms. LOFGREN. Mr. Chairman, I ac- Mr. Speaker, without the new meth- I would also take this opportunity to thank knowledge the hard work of the gentle- ods, the Census Bureau can only fall you for including an increase of $2 million in men from California, Mr. BILBRAY and back on procedures that have in the your bill fro NOAA's climate research pro- Mr. CALVERT. I do have concerns about past failed to count everybody and that grams, including additional funds requested for the impact on other NOAA research. El have failed to make the count more ac- the International Research Institute for Climate Nino must be funded. I am eager to fur- curate. If we effectively keep the Bu- Prediction [IRI]. ther understand the implications of reau from using these methods, by pre- The IRI is cohosted by the Scripps Institute what has been done here between now venting the Bureau from testing them of Oceanography at U.C. San Diego, and the and tomorrow, in hopes that I can rise in the dress rehearsal next year and Lamont Doherty Earth Laboratory at Columbia tomorrow in support of what has been cutting off the funds for them for an University. outlined here. indeterminate period into the future, The IRI provides experimental forecasts on I look forward to some further clari- we will be saying to every community seasonal-to-long-term time scales of changing fication from staff between now and to- across the country that we do not care physical conditions, such as ocean tempera- morrow morning. I thank the gen- if the census misses people, and that is ture, to predict rainfall. It then assesses the re- tleman. not an outcome that I think most gional impacts of these variations. This infor- Mr. MOLLOHAN. Mr. Chairman, I am Americans can support. mation is then used to support practical deci- pleased to yield 4 minutes to the gen- Mr. ROGERS. Mr. Chairman, I yield 2 sionmaking in critical sectors such as agri- tlewoman from Florida [Mrs. MEEK]. minutes to the gentleman from Califor- culture, emergency response, and public (Mrs. MEEK of Florida asked and was nia [Mr. CALVERT]. health and safety. given permission to revise and extend Mr. CALVERT. Mr. Chairman, I rise This funding increase will be used to im- her remarks.) for the purpose of engaging in a col- prove regional forecasts, and to increase re- Mrs. MEEK of Florida. Mr. Speaker, I loquy with the distinguished chairman gional research and demonstration projects to strongly support the Mollohan-Shays of the Appropriations Subcommittee. explore impacts of these forecasts on specific amendment to permit the Census Bu- Mr. Chairman, this bill appropriates areas. This information is increasingly impor- reau to continue planning for the 2000 $70 million for NOAA’s interannual and tant, as we are now learning with the onset of census. I would just like to remind the seasonal climate and global change re- El NinÄo. However, the IRI does not focus on House that the history of this Nation search program, a $2 million increase such applications here in the United States. shows that the census has always failed over the current level, but at $4.9 mil- Mr. Chairman, I would like to work with you to count some people, but, of course, lion below the request. Concerns have to explore how we might find additional sup- we want to be sure that there is no sig- been expressed that the committee’s port within the bill for the important research, nificant undercount this time. But the action did not include funding to con- separate from the IRI itself, which underlies undercount is always higher for Afri- tinue the tropical ocean global atmos- the Climate Research Program. I recognize can-Americans than for any other phere observing system known as and appreciate the tight restrictions which you group. TOGA. The TOGA observing system have had to work with in crafting your bill, and Mr. Chairman, I would ask Members funds buoys across the equatorial Pa- know the difficulties you face. to look at the data for the last six cen- cific to perform measurements that However, given the importance of this for- suses, which we will see is being have proven invaluable to El Nino reward-looking research, and the benefits which brought to our attention now. If Mem- searchers. Scientists performing this our own Nation can derive as a result down bers will look at this particular chart, research are concerned that the bill the road, I believe it is important that we take they will see that beginning in 1940, in would prevent NOAA from continuing every advantage of this opportunity to expand each census the undercount has been this critical program. our understanding in this field. more than 3 percent larger than it was Can the chairman assure us that the As you are aware, Mr. Chairman, there are for whites. The undercount for blacks $4.9 million funding is included in this three specific functions within this program or African-Americans has been always bill for the TOGA array? which would benefit from the additional fund- more than 3 percent larger than it was Mr. ROGERS. Mr. Chairman, will the ing which was originally requested by NOAA: for whites. gentleman yield? Additional research to do seasonal-to-long- If we look at these data all across, Mr. CALVERT. I yield to the gen- term forecasting for all of North America; be- from 1940 up until now, there has been tleman from Kentucky. ginning a regional applications process in the this very serious undercount, but it Mr. ROGERS. Mr. Chairman, I appre- United States to make this forecasting useful was greater in 1990 than any other ciate the gentleman raising this issue to climate-sensitive regions, such as agricul- time. It was like 4.4 percent higher so that I can eliminate any confusion tural areas; and intensify the research effort among African-Americans at that time over the matter. There has been some into understanding long-term climate varia- in 1990, here, if Members will note, confusion. bility. Scientists now believe that long-term than at any other time. The 1990 census H7786 CONGRESSIONAL RECORD — HOUSE September 24, 1997 failed to count 1.4 million African- hending and removing illegal and Commerce, Justice, and State, the Ju- Americans. criminal aliens. Additional funds need diciary, and related agencies for the I do not think anyone in this country to be applied to interior enforcement: fiscal year ending September 30, 1998, wants an undercount. They want the more investigators and special agents and for other purposes, had come to no very best. They want everyone count- to apprehend illegal and criminal resolution thereon. ed. It appears that the only way that aliens, additional funding for the alien f can be done is to do sampling. History removal process, the expansion of de- has proven this undercount, so why tention space to hold aliens waiting to REPORT ON RESOLUTION WAIVING should we go back to some of the same be removed, and additional funding of POINTS OF ORDER AGAINST CON- flaws that we had in the 1990 census? the special criminal alien removal pro- FERENCE REPORT ON H.R. 2266, It also failed in 1990 to count 2.6 mil- gram designed to remove criminal DEPARTMENT OF DEFENSE AP- lion whites, but the percentage of aliens as soon as they are released from PROPRIATIONS ACT, 1998 blacks that was not counted in 1990 was prison. Mr. GOSS, from the Committee on 5.7 percent, more so than with whites. All of these functions need to be bet- Rules, submitted a privileged report It was much larger than the percentage ter executed by the INS. I share the (Rept. No. 105–267) on the resolution of whites not counted; 1.3 percent more hopes of the chairman of the Sub- (H.Res. 242) waiving points of order were not counted during the 1990 cen- committee on Commerce, Justice, against the conference report to ac- sus. State, and Judiciary that by providing company the bill (H.R. 2267) making Not fully counting African-Ameri- the INS with these additional funds, as appropriations for the Department of cans in the census originated a long this bill does, there should no longer be Defense for the fiscal year ending Sep- time ago with the Constitution. Article any doubt that these programs are top tember 30, 1998, and for other purposes, 1, section 2 of the Constitution that priority matters to Congress and which was referred to the House Cal- was ratified in 1788 provided African- should also be top priority matters to endar and ordered to be printed. Americans as three-fifths of a man. As the INS. f a result, we were not counted cor- The bill also recognizes and responds rectly, even back then. But that was REPORT RESOLUTION PROVIDING to the serious problems within INS’s changed, so now we do have that cor- FOR CONSIDERATION OF H.R. 901, naturalization program. The program, rected, the earlier misconception of the AMERICAN LAND SOVEREIGNTY known as Citizenship U.S.A., gave citi- census. PROTECTION ACT But this is really a debate about po- zenship to criminals and aliens who Mr. GOSS, from the Committee on litical power. We do not want the were in deportation proceedings. These Rules, submitted a privileged report undercount to happen again. This was results were clearly the result of bad (Rept. No. 105–268) on the resolution repealed in 1868 by the 14th amend- procedures and insecure fingerprint (H.Res. 243) providing for consideration ment. We must continue now to be sure checks. of the bill (H.R. 901) to preserve the that this old legacy that was brought H.R. 2267 eliminates non-law enforce- sovereignty of the United States over to us a long time ago does not repeat ment entities who formerly were able public lands and acquired lands owned itself. to take fingerprints. Businesses such as Failing to count certain groups is not Pookies Parcel and Post and Juanita’s by the United States, and to preserve limited to blacks. I am appealing to Beauty Salon should not be in the busi- State sovereignty and private property the Congress, to the chairman and to ness of taking fingerprints used to ob- rights in non-Federal lands surround- the Members to be sure that the tain the most valuable thing the Unit- ing those public lands and acquired undercount we had in 1970, that we had ed States could give, that of citizen- lands, which was reported to the House in 1980, that we had in 1990, will not be ship. Calendar and ordered to be printed. repeated in the year 2000. We want ev- The bill also requires that criminal f checks be completed before naturaliza- eryone counted. GENERAL LEAVE Mr. ROGERS. Mr. Chairman, I yield 3 tion takes place, a procedure too often minutes to the gentleman from Texas overlooked in the first years of Citizen- Mr. ROGERS. Mr. Speaker, I ask [Mr. SMITH], the distinguished chair- ship U.S.A. I support this requirement. unanimous consent that all Members man of the Subcommittee on Immigra- I also hope that as the naturalization may have 5 legislative days in which to tion and Claims of the Committee on procedures are improved and electronic revise and extend their remarks on the the Judiciary. fingerprint checks are implemented, bill (H.R. 2267) making appropriations Mr. SMITH of Texas. Mr. Chairman, I items which my colleague, the gen- for the Departments of Commerce, Jus- thank the chairman of the subcommit- tleman from Kentucky [Mr. ROGERS] tice, and State, the Judiciary, and re- tee for yielding me this time. has agreed to fund, that the waiting lated agencies for the fiscal year end- Mr. Chairman, I rise in strong sup- time for processing naturalization ap- ing September 30, 1998, and for other port of H.R. 2267, the 1998 Commerce- plications is significantly reduced. purposes, and that I may include tab- State-Judiciary appropriations bill. My Also, the bill funds the Justice De- ular and extraneous material. colleague, the gentleman from Ken- partment’s audit of past improprieties The SPEAKER pro tempore. Is there tucky [Mr. ROGERS] and my colleague, in Citizenship U.S.A. and its efforts to objection to the request of the gen- the gentleman from West Virginia [Mr. denaturalize criminal aliens and aliens tleman from Florida? MOLLOHAN] have worked hard to draft a already in deportation proceedings. I There was no objection. fair bill, and I commend them for their thank my colleagues on the Committee f efforts. on Appropriations for their great ef- DEPARTMENTS OF COMMERCE, As chairman of the Subcommittee on forts on funding the INS, and I ask my JUSTICE, AND STATE, THE JUDI- Immigration and Claims, I would like colleagues to support this bill. CIARY, AND RELATED AGENCIES to highlight just a few of the specific Mr. ROGERS. Mr. Chairman, I move APPROPRIATIONS ACT, 1998 programs which this bill funds within that the Committee do now rise. the Immigration and Naturalization The motion was agreed to. The SPEAKER pro tempore (Mr. SOL- Service and which I strongly support. OMON). Pursuant to House Resolution b 1815 First, the bill, for the second year, 239 and rule XXIII, the Chair declares provides funding for 1,000 additional Accordingly, the Committee rose; the House in the Committee of the Border Patrol agents for fiscal year and the Speaker pro tempore (Mr. SOL- Whole House on the State of the Union 1998 instead of the 500 requested by the OMON) having assumed the chair, Mr. for the further consideration of the President. These new Border Patrol HASTINGS of Washington, Chairman of bill, H.R. 2267. agents are vital to efforts to stem the the Committee of the Whole House on b 1815 flow of illegal drugs, aliens, criminals, the State of the Union, reported that and terrorists into the United States. that Committee, having had under con- IN THE COMMITTEE OF THE WHOLE The bill also recognizes that the Bor- sideration the bill (H.R. 2267), making Accordingly the House resolved itself der Patrol is not the only key to appre- appropriations for the Departments of into the Committee of the Whole House September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7787 on the State of the Union for the fur- to the United States Congress?’’ This is added late last night by the Rules Committee ther consideration of the bill (H.R. a question of how many Americans will and in its place adds language prohibiting use 2267) making appropriations for the De- we be able to serve as we work in the of any 1998 funds to make irretrievable plans partments of Commerce, Justice, and climate of a balanced budget. How or preparations for the use of sampling or any State, the Judiciary, and related agen- many do we know that are in need, other statistical method in taking the census cies for the fiscal year ending Septem- that need scholarships, that need edu- for purposes of congressional apportionment. ber 30, 1998, and for other purposes, cation? How should the Government do This same language is included in the Senate- with Mr. HASTINGS of Washington in its business? By guessing? Or should it passed version of the bill. the chair. do it by accurate counting? Additionally, the Mollohan-Shays amend- The Clerk read the title of the bill. The Academy of Sciences, the Amer- ment will create a board of observers for a fair The CHAIRMAN. When the Commit- ican Statistical Association, the GAO, and accurate census, charged with the func- tee of the Whole House rose earlier and the census director under the Bush tion of observing and monitoring all aspects of today, the gentleman from Kentucky administration have all recommended the preparation and execution of census 2000 [Mr. ROGERS] had 7 minutes remaining the use of statistical sampling to make to determine whether the process has been and the gentleman from West Virginia the census more accurate. manipulated in any way that biases the results [Mr. MOLLOHAN] had 81⁄2 minutes re- I urge my colleagues to join me in in favor of any geographic region, population maining. signaling their concerns over this pro- group, or political party. The Mollohan-Shays The Chair recognizes the gentleman vision of H.R. 2267 by supporting the amendment provides a fair and reasonable from West Virginia [Mr. MOLLOHAN]. Mollohan-Shays amendment. This resolution to the controversy surrounding the Mr. MOLLOHAN. Mr. Chairman, I amendment strikes the language added 2000 census. yield 3 minutes to the distinguished late last night by the Committee on Further, I must raise my strong objections to gentlewoman from Texas [Ms. JACK- Rules and in its place adds language the provisions in H.R. 2267 which cut funding SON-LEE]. prohibiting use of any 1998 funds to for the Legal Services Corporation in half, (Ms. JACKSON-LEE of Texas asked make irretrievable plans or prepara- leaving only $141 million for the entire pro- and was given permission to revise and tions for the use of sampling or any gram. A cut of this magnitude would cripple extend her remarks.) other statistical method in taking the the program and undermine the Federal com- Ms. JACKSON-LEE of Texas. Mr. census for purposes of congressional mitment to ensure that all Americans, regard- Chairman, I would like to thank the apportionment. less of income, have access to the judicial distinguished gentleman from West It is important to recognize that this system. Virginia [Mr. MOLLOHAN] for all of his amendment will also create a board of The third issue that I must raise with respect hard work and the chairman of this observers for a fair and accurate census to H.R. 2267 is an amendment that I will offer committee as well. charged with the function of observing requiring the Justice Department to contract Let me acknowledge the importance and monitoring all aspects of the prep- with the National Research Council of the Na- of the moneys that have been included aration and execution of census 2000 to tional Academy of Sciences to conduct a in this particular bill for the juvenile determine whether the process had study of computer-based technologies and prevention program or effort that was been manipulated in any way that bi- other approaches that could help to restrict the initially started by the Riggs-Scott ases the results in favor of any geo- availability of child pornographic images amendment. Let me also acknowledge graphic region, population growth, or through electronic media, including the that we would like to see and hope to political party. Internet and on-line services. My amendment see Legal Services Corporation fully How fair can we get, Mr. Chairman? would also provide for the identification of ille- funded, and I will be looking to support This is a fair amendment in the in- gal pornographic images with the goal of the Fox-Mollohan amendment. stance of having an oversight board. criminally prosecuting those purveyors of such I also wanted to note that I look for- We are fair in the instance of treating photographic images to children. ward to working with both the gen- the American people fairly by saying The goal of this study is to understand the tleman from West Virginia [Mr. MOL- every single person deserves to be technological capabilities currently available LOHAN] and the gentleman from Ken- counted, the homeless person deserves for identifying digitized pornographic images tucky [Mr. ROGERS] on the Senate ver- to be counted, a child needs to be stored on a computer, network, or other com- sion of this bill, which includes $500,000 counted. How can we serve this coun- puter communication mediums by the use of for the establishment of a National try if we do not have the kind of re- software or other computer technologies. Center for Study and Prevention of Ju- sults that sampling will bring about? While this amendment was not made venile Crime and Delinquency, located My colleagues, please vote to be able in order by the Rules Committee, I at Prairie View A&M University, lo- to have sampling in the year 2000. hope that my colleagues will join with cated near Houston, TX. Mr. Speaker, I rise today to share my me in its support to eliminate the We believe that prevention is worth a thoughts and concerns regarding H.R. 2267, growing threat of pornographic images pound of cure, if you will, if that is the the Commerce-Justice-State appropriations faced by our children today. correct metaphor, or in other words, it bill. Finally, I hope to draw my col- is worth spending money for juvenile Let me first raise my objections to the cen- leagues’ attention to funding for the crime prevention. So I thank the gen- sus provisions of this bill. Last night, the Rules establishment of a National Center for tlemen for considering this funding for Committee adopted a rule that automatically the Study and Prevention of Juvenile Prairie View A&M and working with adopted into the text of this bill an amendment Crime and Delinquency at Prairie View me to make sure that these funds are offered by Representative HASTERT that will A&M University, located outside of funded. ban sampling and make the Census Bureau's Houston, TX. The Senate has included I listened to my colleague, the honor- funding contingent on a full judicial review of $500,000 for this center in its version of able gentlewoman from Florida [Mrs. its methods. My colleagues, statistical sam- the bill. MEEK] and I have to also comment on pling is a scientific methodology that will make The National Center would fill some the census. I am really disturbed that the 2000 census more accurate. Over 4 mil- very important functions: First, con- an amendment by the gentleman from lion people were missed in the last census, ducting academic programs, including Illinois [Mr. HASTERT] will ban sam- particularly those living in rural areas, children, continuing education and training for pling and is included in this legisla- and minorities. The Academy of Sciences, the professionals in the juvenile justice tion. American Statistical Association, the GAO, field; second conducting policy re- Statistical sampling is a scientific and the census director under the Bush ad- search; and third, developing and as- methodology that will make the 2000 ministration have all recommended the use of sisting with community outreach pro- census more accurate. Over 4,000 people statistical sampling to make the census more grams focused on the prevention of ju- were missed in the last census, particu- accurate. venile violence, crime, drug use, and larly those living in rural areas, chil- I urge my colleagues to join me in signaling gang-related activities. dren, and minorities. their concerns over this provision of H.R. 2267 Studies show that prevention is far Mr. Chairman, this is not a political by supporting the Mollohan-Shays amend- more cost-effective than incarceration question ‘‘How many people will come ment. This amendment strikes the language in reducing the rates of juvenile crime. H7788 CONGRESSIONAL RECORD — HOUSE September 24, 1997 A study by the Rand Corp., titled ‘‘Di- was passed by this body in May, to help those orders the juvenile court may verting Children From a Life of Crime, repair the juvenile justice systems that give to them to help supervise the Measuring Costs and Benefits,’’ is the are broken in this country in the very child. most recent comprehensive study done States. If that is the case, then, as I said, the in this area. It is clear that juvenile This is a $300 million grant program $300 million could be spent on just crime and violence can be reduced and which is in this bill that would go to about anything that anybody wants to, prevented, but doing so will require a the States to use as they see fit to for more prosecutors, or whatever it is. long-term vigorous investment. The work with their juvenile authorities I am just exceedingly pleased with Rand study determined that early and to spend what they need for more this bill and this provision in the bill, intervention programs can prevent as detention centers or for more prosecu- and I strongly support it. Again, I want many as 250 crimes per $1 million tors or judges or whatever they want to thank the chairman for his work spent. In contrast, the report said in- to, prevention, whatever it might be and thank him for the opportunity to vesting the same amount in prisons that is involving the juvenile justice let me speak about it tonight. would prevent only 60 crimes a year. system itself. Mr. MOLLOHAN. Mr. Chairman, I Children hurting children on the What we have seen all too much in yield 3 minutes to the distinguished streets of our Nation is costly for the the last few years is that juveniles are gentlewoman from California [Ms. WA- moral fabric of our society and the bur- committing a lot of the violent crime TERS]. den on our government. Public safety in this country. In fact, they are the Ms. WATERS. Mr. Chairman, I rise is now becoming one of the most sig- highest, as a group, the highest per- to add my voice of support for the Mol- nificant factors influencing the cost of centage of violent crimes committed lohan-Shays amendment. I think it is State and local governments. We can by juveniles. More murders by 18-year- very important for us to examine the begin to bring those costs down and olds, more rapes by 17-year-olds, and a question of the census and the count make both shortterm and longterm lot of shocking numbers on the in- that we do to ensure the constitutional positive differences in the lives of our crease in violent crime in this group. mandate of an accurate census count. young people by targeting the preven- The experts have told us that the Why would we be involved in a debate tion of juvenile crime. reason why a lot of this is occurring about whether or not we count or want In Texas, the historically black col- right now is because there are no con- to count all Americans? Why would we leagues and universities are forging sequences in most of the juvenile jus- be in a debate about whether or not we ahead. The Juvenile Justice Center at tice systems around the country. Kids would use the best method to do that? Prairie View A&M University will be- will go and commit misdemeanor I certainly do not understand why any- come a State and national resource. It crimes, vandalism, going into the body would want to deny the most ac- will perform a vital collaborative role homes or stores or spray painting graf- curate count as mandated by the Con- by focusing on measures that target fiti on a warehouse wall. And then be- stitution of the United States. the prevention of juvenile violence, cause of an overworked juvenile justice It is no question that this is constitu- crime, delinquency, and disorder. The system, in many, many jurisdictions, tional, that we can use this statistical university will provide comprehensive they do not get the kind of punishment method that has been used in the past. teaching, research, and public service that they should be getting for that, The Department of Justice, under programs. There is no single answer to community service or whatever it may Presidents Carter, Bush, and Clinton, this problem, but this center will be a be. In fact, many times the police do have all concluded and it has been con- start to bridging the programs that not even take the kids in before the ju- firmed by our court system, that we work for the State of Texas and other venile justice system because they can use sampling as a way of ensuring States. know nothing is going to happen to an accurate count. It is my understanding, through con- them. Why do we need to use sampling? Be- versations that my staff have held with So repairing this broken system is cause 10 percent of the count was committee staff, that Chairman, ROG- very, very important. What we have wrong in 1990, an error rate of 26 mil- ERS and ranking member MOLLOHAN proposed in the underlying law is that lion people who were either missed, agree that funding for the Juvenile if you pass muster, if the State assures counted twice, or counted in the wrong Justice Center at Prairie View should the Attorney General of the United place. So it is very important that we be incorporated into the conference re- States that they have done four things, do not repeat what happened in 1990, port. I would like very much to thank then they can get this money to spend but we use statistical sampling so that both the chairman and the ranking as they want to on their juvenile jus- we can get that accurate count that is member for their support of this impor- tice system. mandated. tant Juvenile Justice Prevention Cen- Those four things are very simple: Then it is a civil rights issue. The ter. That they assure the Attorney General undercount is unfair to some groups Mr. ROGERS. Mr. Chairman, I yield 3 that if a juvenile is 15 years of age or because some groups are missed more minutes to the gentleman from Florida older in that State and has committed than others. The African-Americans [Mr. MCCOLLUM], the very able and a murder or a rape or an assault with are 7 times as likely to be missed as hard working chairman of the Sub- a gun, that they will permit, not re- whites, and it showed in the committee on Crime of the Committee quire, but permit the prosecutor to undercount in 1990, the highest ever re- on the Judiciary. prosecute the juvenile as an adult; No. corded of people missed or miscounted. Mr. MCCOLLUM. Mr. Chairman, I 2, and I think this is the most impor- Equal representation is extremely im- thank the gentleman from Kentucky tant thing, that the State has estab- portant for African-Americans because [Mr. ROGERS] for yielding me the time, lished a system of graduated sanctions it is a civil rights issue. If in fact we and I want to take the opportunity to and that it will punish juveniles for the are undercounted, we are not counted, commend him on the bill that the gen- very first delinquent act and for every we will not be able to exercise our tleman has produced along with the one thereafter in a graduated sanction rights under the law. gentleman from West Virginia [Mr. fashion to put consequences back into Three separate panels that were con- MOLLOHAN]. the system; that the State assures the vened by the National Academy of Overall, it is an excellent product. I Attorney General that it will have a Sciences recommended the use of sam- particularly am concerned and happy recordkeeping system if the juvenile pling to supplement their traditional with the portion of it that deals with has committed a felony and it is the counting. Some may have concluded the criminal justice system and specifi- second offense the juvenile has com- that this is a political question, that cally want to talk for a few minutes mitted so we can keep those records in- there are those who believe that if we about the juvenile crime moneys that stead of destroying them and know if do an accurate count, we are going to are in this bill. the juvenile is a really bad apple, as get those people in the cities, those For the very first time, there is a unfortunately many of them are; and people in the rural communities that new program being created that is that there is a system to assure the ac- some would rather not have counted. I going on in concert with H.R. 3, that countability of parents in terms of just cannot imagine anybody that September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7789 would conclude it is in the best inter- about and point out to this House what Ms. KAPTUR. I yield to the gen- est of America to have anybody not I think is the civil rights issue of the tleman from Kentucky. counted. 1990’s, the right to be counted in the Mr. ROGERS. I thank the gentle- We know that in the final analysis, if census. woman for bringing this to the atten- we are about the business of justice, The majority leadership has ex- tion of the committee. I support com- freedom, and equality, if we are about pressed concern that the data obtained munity-based initiatives to crime pre- the business of wanting equal represen- in the census might be manipulated. vention and urge the Department to tation for all of our people, if we truly The Mollohan-Shays amendment ad- give favorable consideration to con- want to do the job that the Constitu- dresses that concern by setting up a tinue funding this program. tion mandates, we will do everything three-member panel which would en- Mr. BROWN of California. Mr. Chairman, I that we can to ensure an accurate sure that the results are tamperproof. rise in opposition to the amendment. count. One can only do that with sam- The new language of the gentleman Over the last 3 years, the ATP and other pling. from Illinois [Mr. HASTERT] which was public-private partnerships have been at the The CHAIRMAN. The Chair will in- added last night, I must point out, is center of partisan legislative debates over the form Members that the gentleman no solution. Allowing the Supreme proper role of Government in technology de- from Kentucky [Mr. ROGERS] has 4 Court to rule on Census 2000 may sound velopmentÐdespite the fact that the vast ma- minutes remaining and the right to like a just resolution, after all, who jority of these programs were begun in the close and that the gentleman from can argue with the Supreme Court, but Reagan administration and strongly supported in the Bush administration. In the past few West Virginia [Mr. MOLLOHAN] has 21⁄2 what might look like a fair com- minutes remaining. promise is really a wolf in sheep’s months, we have once again returned to a Mr. ROGERS. Mr. Chairman, I yield 1 clothing. consensus on the Advanced Technology Pro- minute to the distinguished gentleman Even an expedited Court decision gram [ATP]. This bipartisan consensus was from Delaware [Mr. CASTLE]. could take up to a year, and that is clear in May of this year when the House Mr. CASTLE. Mr. Chairman, I thank much too much time. When a year has passed a noncontroversial 2-year authorization the gentleman from Kentucky [Mr. passed and the Court rules, as courts of the ATP program as part of H.R. 1274, the NIST Authorization Act. This amendment, un- ROGERS] for yielding. I very much ap- have in the past, that statistical sam- preciate the Commerce, State, Justice pling is constitutional, it will be too fortunately, threatens to shatter consensus appropriations bill. There are several late. When the Court was asked to once again. There was bipartisan agreement on the au- things in there of special interest to make an expedited review on the line- thorization bill because of a number or reforms me. item veto, it took 14 months. The flag made to the ATP. Some of these reforms One is $5 million for the National burning expedited review took 10 were initiated by the Science Committee in the Center for Missing and Exploited Chil- months. An expedited review on the authorization bill and others were initiated by dren, which is truly critical funding for census would push preparations for the Secretary Daley in response to congressional most fair and accurate count ever far the Nation’s primary resource for child concerns. protection. past important deadlines. These changes include: First, putting more My colleagues who oppose an accu- Also, something else I was interested emphasis on joint ventures and consortiaÐthis rate count know that a lengthy delay in is ‘‘no frills’’ prison language re- has advantaged small- and medium-size sin- means certain death. A fair and accu- stricting Federal funds from being gle applicants and deemphasized awards to rate count is the cornerstone of our de- spent on prisoner amenities such as large companies. Already almost half of ATP martial arts instruction, weight rooms, mocracy. I urge my colleagues to sup- awards have gone to small business; and in-cell television, expensive electrical port the bipartisan Mollohan-Shays more than 100 universities are involved in instruments. amendment to ensure a fair and accu- about 150 ATP projects. Second, increasing I also appreciate the NOAA funding rate census count for the year 2000. the cost-share ratio for large, Fortune 500, sin- Mr. ROGERS. Mr. Chairman, I yield 1 as it pertains to the Chesapeake Bay gle applicant companies to 60 percentÐATP Restoration Program, which I think is minute to the gentlewoman from Ohio now has one of the highest cost-share ratios vitally important for that area and [Ms. KAPTUR]. of any Government/industry program. Third, Ms. KAPTUR. Mr. Chairman, I thank some of the troubled water areas we ensuring that ATP does not fund projects the gentleman for his consideration have on the East Coast at the present which can be wholly supported by private cap- and also the gentleman from West Vir- time. ital. Fourth, encouraging State participation in Finally, the manufacturing extension ginia [Mr. MOLLOHAN], the ranking ATP awardsÐATP joint ventures can now be program, which is sort of a new pro- member. led by States and State-sponsored nonprofit The fiscal year 1997 House report and gram, but it is the program which has institutions. Fifth, building upon the Experi- conference report on Justice Depart- become I think a cost effective, Fed- mental Program to Stimulate Competitive ment appropriations included language eral-State, public-private partnership TechnologyÐEPSCoT will improve technology that helps small and midsized Amer- urging the Department of Justice with- development and diffusion in the 18 States ican manufacturers to become modern- in funds available for Byrne grants to underrepresented in Federal R&D funding. ized to compete in the demanding glob- give favorable consideration to funding These changes preserve the fundamental al marketplace. for the community security program of mission of the programÐproviding funding for These are just four different meas- the Local Initiative Support Corpora- the breakthrough ideas whose commercializa- ures which this committee listened to tion. As a result, Justice is now work- tion horizon often fails to attract the attention and which I think can improve life in ing with LISC to form partnerships in of capital markets. These changes make ATP America. And I am very thankful to all a number of communities in which stronger and more viable by encouraging a the members of the committee who local community-based organizations greater diversity of partnerships. And I want to helped put this together. are willing to work with law enforce- stress that ATP always has been and will con- ment officials to promote a more liv- b 1830 tinue to be a wholly merit-driven program able neighborhood. Using funds from based on peer-review. Mr. MOLLOHAN. Mr. Chairman, I private philanthropic organizations In short, the House has already voted to yield the balance of my time to the dis- and corporations, LISC has had great support the authorizing committee in reforming tinguished gentlewoman from New success in promoting local community and strengthening the ATP. No amendments York [Mrs. MALONEY]. security efforts in New York and Se- to reduce ATP funding were offered during ei- The CHAIRMAN. The gentlewoman attle. There is great interest in this ther the committee's or the House's consider- from New York is recognized for 21⁄2 program in my State, and I am particu- ation of the authorizing legislation. An appro- minutes. larly pleased that LISC is working in priations bill is not the place to destroy this Mrs. MALONEY of New York. I Toledo, OH. It is my hope that Justice carefully crafted consensus. thank the gentleman for yielding me will once again be asked to give propos- I urge my colleagues to vote no on this this time. Mr. Chairman, I rise in als from LISC favorable consideration. amendment. strong support of the bipartisan Mollo- Mr. ROGERS. Mr. Chairman, will the Mr. CAPPS. Mr. Chairman, I rise in support han-Shays amendment. I rise to talk gentlewoman yield? of this bill, which includes increased funding H7790 CONGRESSIONAL RECORD — HOUSE September 24, 1997 for crucial initiatives like the COPS program, sales tax returns from thousands of new or Mr. ROGERS. Mr. Chairman, I yield juvenile crime and prevention programs, and more profitable small businesses that are back the balance of my time. Violence Against Women Grants. helped by SBDC's. The CHAIRMAN. All time for general But I am disappointed that the bill does not Mr. Chairman, the SBDC Program has been debate has expired. fully fund the President's request for the Fed- very successful in Vermont. In their 1996 an- Mr. ROGERS. Mr. Chairman, I ask eral Bureau of Prisons. This issue is particu- nual survey of 1,400 clients, the Vermont unanimous consent that any amend- larly important to me because of a horrible SBDC revealed sales increases of almost $83 ment otherwise in order under clause tragedy that occurred in my district earlier this million, and the creation of 1,750 jobs for Ver- 2(f) of rule XXI that affects a para- year. montÐ1,350 full-time and 450 part-time, at av- graph in title I, and the item Legal On April 3, 1997, Correction Officer Scott erage hourly rates of $9.85 and $6.95. Re- Services Corporation, be in order at a Williams, a decorated marine who served in viewing the results of the survey, the Vermont later point in the reading of the bill Desert Storm, was brutally attacked and killed tax commissioner validated a conservative re- notwithstanding that the affected at the U.S. penitentiary in Lompoc, CA. His turn of over $1.2 million directly into the State paragraph of title I may have been death has forever changed the lives of his treasury in income and sales taxes. This read. wife, Kristy, their two very small children, equates to a 4-to-1 return on the Federal dol- The CHAIRMAN. Is there objection Kaitlin and Kallee, and this small hardworking lars. to the request of the gentleman from community. Mr. Chairman, unfortunately earlier this year Kentucky? Scott's tragic death is a constant reminder the President's budget proposed to cut funding There was no objection. to his fellow officers of the terrible danger in for SBDC's by 24 percentÐfrom $73.5 million The CHAIRMAN. Pursuant to the which they work every day. This Congress to $57.5. This cut would have been particularly rule, the amendment printed in part 1 must do all that it can to ensure that these devastating for smaller States, such as Ver- of House Report 105–264 is adopted and brave men and women are given the re- mont, which barely have the resources to the bill, as amended, shall be consid- sources they need to do their jobs safely. meet the current demand for services. I op- ered as an original bill for further I have been out to the Lompoc penitentiary posed this cut, and wrote a letter to Sub- amendment under the 5-minute rule. numerous times and I have spoken with War- committee Chairman HAROLD ROGERS, re- Before consideration of any other den Rardin and many of the correctional offi- questing that funding for the SBDC's be sus- amendment, it shall be in order to con- cers and staff. We should be doing more to tained at its current level, including a small ad- sider amendment No. 1 printed in part support these hardworking men and women justment for inflation. I am pleased to report 2 of the report, if offered by the Mem- who are charged with keeping America's most that I was joined on my letter to the chairman ber designated in the report, which dangerous criminals locked up and off our by 94 Members of the House. may amend portions of the bill not yet streets. Mr. Chairman, I am especially pleased that read for amendment. The amendments These heroic men and women work in some the chairman and the subcommittee re- printed in part 2 of the report may be of the most dangerous working environments sponded to this bipartisan effort by fully fund- offered only by a Member designated in in the country. We must pay them a decent ing the SBDC Program for fiscal year 1998, in- the report and, except for amendment salary, provide that there is a sufficient num- cluding a $2-million increase for inflation. I No. 1, may be offered only at the appro- ber of officers on duty at all times, and give urge all of my colleagues to support SBDC's priate point in the reading of the bill. them the tools to do their jobs in a safe and by supporting this provision during floor con- Amendments in part 2 shall be consid- humane manner. To do otherwise is irrespon- sideration of the Commerce, Justice, State, ered read, shall be debatable for the sible. Judiciary appropriations bill. time specified in the report, equally di- As our prison population continues to rise, Mr. ETHERIDGE. Mr. Chairman, I rise in vided and controlled by the proponent adequate funding for the salaries, benefits, support of the Hoyer-Cardin-Etheridge amend- and an opponent, shall not be subject and protection of correctional officers has ment to H.R. 2267, the fiscal year 1998 Com- to amendment, and shall not be subject never been more important. Scott and his fel- merce, Justice, State Appropriations Act. This to a demand for division of the ques- low officers protected us and continue to pro- amendment will add $3 million to the National tion. tect us day after day. It is now our turn to pro- Ocean Service Account of the National Oce- During consideration of the bill for tect them. I will continue to support these anic and Atmospheric Administration [NOAA] amendment, the Chair may accord pri- dedicated men and women and I urge my col- to respond effectively to Pfiesteria, and ority in recognition to a Member offer- leagues to do the same. Pfiesteria-like conditions, along the Eastern ing an amendment that has been print- Mr. SANDERS. Mr. Chairman, I rise today Seaboard. ed in the CONGRESSIONAL RECORD. in support of a provision within the fiscal year As you know, Pfiesteria is a single-celled or- Those amendments will be considered 1998 Commerce, Justice, State, Judiciary ap- ganism which in certain stages, produces a read. propriations bill which provides full funding for toxin that kills fish and may have human The Chairman of the Committee of the Small Business Administration's Small health effects. In several cases now under in- the Whole may postpone a request for a Business Development Center [SBDC] Pro- vestigations, individuals reported that they be- recorded vote on any amendment and gram. come ill after direct exposure to the orga- may reduce to a minimum of 5 minutes Mr. Chairman, it is clear that in my State of nism's toxins. It was first linked to massive fish the time for voting on any postponed Vermont, and all across the country, small kills in North Carolina waters in 1988. In North question that immediately follows an- businesses are creating the lion's share of Carolina alone, over a billion fish have been other vote, provided that the time for new jobs. And we should be doing more to killed as a result of Pfiesteria. In light of recent voting on the first question shall be a help those who are most ready to create and findings, North Carolina has set up a toll-free minimum of 15 minutes. invest here at home in our national economy. hot line and organized a panel of experts to The Clerk will read. The SBDC Program is one example where review how North Carolina should respond to The Clerk read as follows: a small Federal investment has paid for itself future fish kills. H.R. 2267 many times over. With limited Federal funds, Chemical analysis is the key to other need- Be it enacted by the Senate and House of Rep- SBDC's have been able to leverage additional ed research that will answer more specific resentatives of the United States of America in non-Federal funds in support of their mission questions about health impacts. More funding Congress assembled, That the following sums and to forge very strong partnerships with is critically needed to augment the research are appropriated, out of any money in the State and local government, education, and that North Carolina has already begun on Treasury not otherwise appropriated, for the business leaders to provide a unique array of characterization and analysis of the Pfiesteria fiscal year ending September 30, 1998, and for local counseling, training, and financial serv- toxin. Presently, NOAA has the mechanisms other purposes, namely: ices that would not otherwise be attainable in in place to study and assess the causes and AMENDMENT OFFERED BY MR. HYDE the private sector to small businesses, espe- possible controls of Pfiesteria and Pfiesteria- Mr. HYDE. Mr. Chairman, I offer an cially those employing fewer than 25 employ- like conditions. amendment made in order pursuant by ees and the self-employed. Mr. Chairman, I urge my colleagues to sup- the rule. Ultimately, SBDC's pay off in the form of job port this amendment. It is a cost-effective The CHAIRMAN. The Clerk will des- creation and new economic development. The measure, and it will enable NOAA to assist ignate the amendment. SBDC Program also generates increased rev- States from North Carolina to Delaware ef- The text of the amendment is as fol- enues from a broader base of income and fected by this micro-organism. lows: September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7791 Part 2, Amendment No. 1 offered by Mr. to always win to be justified in bring- Congressmen and congressional staff. If HYDE: ing the suit, but if the suit was not it is good enough for them, it ought to Page 116, strike line 16 and all that follows substantially justified, in other words, be good enough for any citizen. Second, through line 2 on page 117 and insert the fol- if it was an abuse of process, if it was lowing: it was too broad, because you only had frivolous, if it was malicious, then the SEC. 616. ATTORNEYS FEES AND OTHER COSTS IN to win your case to be entitled to at- CERTAIN CRIMINAL CASES. victim, the defendant who has pre- torney’s fees. It would seem to me that During fiscal year 1997 and in any fiscal vailed, is entitled to attorney’s fees, is not enough. You need a higher year thereafter, the court, in any criminal very modest, $125 an hour. But that is threshold. What you need is to have a case pending on or after the date of the en- the law, and it has been the law for 17 case that was not substantially justi- actment of this Act, shall award, and the years. There are cases interpreting it, fied, one that should not have been United States shall pay, to a prevailing interpreting what substantial justifica- brought. That finding is made by the party, other than the United States, a rea- tion for the Government to bring the trial judge who has heard the case. The sonable attorney’s fee and other litigation litigation is, and we have had 17 years costs, unless the court finds that the posi- Government must prove substantial tion of the United States was substantially of successful interpretation and rein- justification or you get attorney’s fees. justified or that other special circumstances forcement of that law. It seems to me this is just. make an award unjust. Such awards shall be Now, it occurred to me, if that is The Justice Department does not granted pursuant to the procedures and limi- good for a civil suit, why not for a like it, of course. Who would like hav- tations provided for an award under section criminal suit? What if Uncle Sam sues ing to prove substantial justification? 2421 of title 28, United States Code. Fees and you, charges you with a criminal viola- But if you are interested in justice, if other expenses awarded under this provision tion, even gets an indictment and pro- you are the defendant and you have to a party shall be paid by the agency over ceeds, but they are wrong. They are not this panoply of lawyers and resources which the party prevails from any funds just wrong, they are willfully wrong, and FBI against you, and not only are made available to the agency by appropria- they are frivolously wrong. They keep they wrong, but they have been sub- tion. No new appropriations shall be made as information from you that the law says a result of this provision. they must disclose. They hide informa- stantially unjustified, they have been The CHAIRMAN. Pursuant to House tion. They do not disclose exculpatory frivolous, there is no justification sub- Resolution 239, the gentleman from Il- information to which you are entitled. stantially for bringing the suit, I am linois [Mr. HYDE] and a Member op- They suborn perjury. They can do any- not asking for damages, I am not ask- posed will each control 15 minutes. thing. But they lose the litigation, the ing that the prosecutor go to jail or be The Chair recognizes the gentleman criminal suit, and they cannot prove held in contempt of court, although from Illinois [Mr. HYDE]. substantial justification. In that cir- were I the judge, I would be interested Mr. HYDE. Mr. Chairman, I yield my- cumstance, as in the Equal Access to in hearing those arguments if the Gov- self such time as I may consume. Justice Act for civil litigation, you ernment’s case was not substantially (Mr. HYDE asked and was given per- should be entitled to your attorney’s justified, but we are asking that you mission to revise and extend his re- fees reimbursed and the costs of litiga- repair the wound, the economic wound, marks.) tion, again at the same modest rate. somewhat by awarding attorney’s fees. Mr. HYDE. Mr. Chairman, one of the That, my friends, is justice. This is my amendment. reasons for being proud to be an Amer- If you were to take a piece of paper Mr. Chairman, I reserve the balance ican, one of the reasons I ran for Con- and sit down and say, what is the most of my time. gress, one of the reasons I studied law unjust thing in all of the law, you b 1845 was to try and achieve justice for peo- would have to say when you are pur- Mr. SKAGGS. Mr. Chairman, I yield ple. Justice is what is your due. It is sued by somebody, and you are ulti- myself 4 minutes. not being cheated, it is not being de- mately vindicated, and you have to Mr. Chairman, I rise in opposition to frauded, and it is certainly not being swallow what can be bankrupting the amendment. pushed around. costs. You mortgage your house, you Mr. Chairman, every Member of this I have learned in a long life that peo- mortgage your future, and you may body has enormous respect for the gen- ple do get pushed around, and they can have won the case, but you have really tleman from Illinois and the chairman be pushed around by their government. lost the war because you are bankrupt. of the Committee on the Judiciary, but I was very late coming to that deci- So this simply says to Uncle Sam, I must observe that this is an extraor- sion, but I learned that people in gov- look, if you are going to sue somebody, dinary matter of policy to attempt to ernment, exercising government power and civilly we have had that for 17 bring up for the first time as an amend- are human beings, like anybody else, years, under my amendment crimi- ment to an appropriations bill and, I and they are capable of error, they are nally, and you cannot prove substan- capable of hubris, they are capable of tial justification after the case is over, think, wholly out of the judicious char- overreaching, and yes, on very infre- and the verdict is not guilty, then the acter with which the gentleman typi- quent occasions they are capable of prosecution pays something toward the cally manages the business of his com- pushing people around. And so when attorney’s fees of the victim. That is mittee. I believe it is correct that this something like that happens, it is dou- justice. It may be rough justice, but it has been subject to no hearings, no op- bly shocking because you have no place is substantial justice. That is what we portunity for representatives of the to turn. If the Government, your last are attempting to do. Justice Department or the criminal de- resort, is your oppressor, you really Now, in the bill, the gentleman from fense bar or anyone else to really expli- have no place to turn. Pennsylvania [Mr. MURTHA] having in cate the implications, the con- I am one who is hopeful and optimis- mind the case of someone we all know sequences, the costs of a significant tic about the Government. I am very who went through hell, if I may use the change in the way the United States of proud of my government. I think on term, for many years of being accused America would manage its criminal the whole it tries very hard to do jus- and finally prevailed at enormous ex- justice responsibilities. Whatever the tice for its citizens. But occasionally it pense, one he will never get out from underlying merits of finding some way lapses, as I say, because it is made up under, but that brought to mind these to make whole persons that may be un- of human beings. circumstances and what could we do justly prosecuted by the Justice De- We have a law called the Equal Ac- about them. The gentleman from Penn- partment and the law enforcement cess to Justice Act, which provides in a sylvania [Mr. MURTHA] decided to put agencies of the United States when civil case if the Government sues you, in the bill an amendment that said for rarely but occasionally that happens, and you prevail, if the Government a Congressman or a member of the to attempt in the context of a floor cannot prove substantial justification Congressman’s staff, if they are sued amendment on an appropriations bill in bringing the suit, you are entitled to by the Government criminally and to address this issue I think does enor- have attorney’s fees and costs reim- they prevail, the Government owes mous disservice to the kind of stand- bursed. That is justice. I do not say the them attorney’s fees. ards of careful and thoughtful and con- Government, when they bring a civil I felt that was inappropriate. First of sidered work that this House ought to suit against anybody or everybody, has all, it is too narrow. It only covers be doing. H7792 CONGRESSIONAL RECORD — HOUSE September 24, 1997 It is for that reason among other sub- Congressmen and their staffs if they Mr. Chairman, I yield such time as stantive reasons that the administra- prevail in a criminal suit, and I said she may consume to the gentlewoman tion has in its statement of policy on no, that is too narrow, it only takes from Michigan [Ms. RIVERS]. this indicated that, were this amend- care of Congressmen and their staffs. It Ms. RIVERS. Mr. Chairman, I rise in ment to be adopted and be part of the ought to protect anybody who is opposition to this particular amend- final forum of this Commerce-Justice- abused by a suit that is not substan- ment, and while I join the gentleman State appropriations bill when pre- tially justified. from Illinois in several of his endeav- sented to the President, that he would Say, I would hope this would take ors, including his concerns about for- veto the bill, and let me just read brief- some time and resources from the Jus- feitures in this country and the busi- ly from the administration’s state- tice Department. They might think ness of the IRS, and have been on his ment. twice about bringing cases for which bills in both Congresses, I do not agree I quote: there is no substantial justification. If with him on this particular issue. Opposes the Hyde amendment that would someone is a prosecutor and they are Section 616 of the bill before us cre- require the United States to pay attorney going to wrench somebody out of their ates a new class of citizenship exclu- fees and litigation costs to ‘‘prevailing par- job and their home and put them on sively for Members of Congress and ties’’ in Federal criminal cases unless the trial as a criminal, there ought to be their staffs by extending to them the government can demonstrate the case was enough in the case that it is substan- rights to reimbursement of legal ex- substantially justified. This provision would tially justified. have a profound and harmful impact on the penses when a Justice Department To say one does not want them to prosecution fails to convict them. This Federal criminal justice system. waste their resources on cases that are And listen to this. would be alone among all American not substantially justified, what about citizens, only Members of Congress and It would create a monetary incentive for the resources of the citizen who has their staffs. criminal defense attorneys to generate addi- been put through the hoops? What is tional litigation in cases in which prosecu- Now my distinguished colleague, the tors have in good faith brought sound the remedy, if not this, for somebody gentleman from Illinois [Mr. HYDE], charges, tying up the scarce time and re- who has been unjustly, maliciously, proposes to replace that language in sources that are vital to bringing criminals improperly, abusively tried by the Gov- 616 with an amendment to extend these to justice. ernment, by the faceless bureaucrats privileges to any defendant who is suc- Think, for instance, what this would who hire a law firm or get a U.S. attor- cessful in defending themselves in Fed- mean in areas of the criminal law that ney looking for a notch on his gun. eral court. The claim is that this are already particularly difficult mat- And I am for law enforcement; I am amendment will produce greater eq- ters for prosecutors to successfully about as law and order as one can get uity. bring to conviction: rape cases, child around here, but I have seen abuses, Mr. HYDE. Mr. Chairman, would the molestation cases, in which one runs and I know people who think because it gentlewoman yield? I will give her into reluctant witnesses and all sorts is public power it is being wielded in some time if she yields on that point. of difficulty in evidentiary and proof the public interest. No, not necessarily. Ms. RIVERS. I yield to the gen- matters, cases brought under the Vio- But when they transgress they ought tleman from Illinois. lence Against Women Act in particu- to help pay the attorney fees to make Mr. HYDE. Mr. Chairman, I do not lar. Do we really want to set up a sys- the innocent defendant partly whole. extend this protection to anybody who I remember the former Secretary of tem in which we are giving incentive to is successful in Federal court. They are Labor, Ray Donovan, who was pros- successful criminal defendants who successful and the Government cannot ecuted and again and again and again have prevailed against such prosecu- substantially justify. That is not a and won every time, and when it was tough threshold, that is not a tough tion to tie up the limited resources, all over he said to himself, ‘‘Where do threshold under the Government to and limited they are in the United I go to get back my reputation?’’ Well, States criminal justice system, tie up meet. one cannot get that back, but, at least, Ms. RIVERS. Mr. Chairman, I will those resources with these kinds of if the Government tries to bankrupt speak to that threshold. cases? someone because of attorney fees, they I would stipulate that we need to ad- While the claim is that this amend- ought to pay that. ment will produce greater equity by dress the question of injustice, as rare I am for law enforcement, I am for eliminating differences between the and occasional as it may be, that the criminals going to jail, I am for the treatment of Members and ordinary distinguished chairman of the Commit- Justice Department prosecuting crimi- citizens and greater efficacy within the tee on the Judiciary brings to the nals, but not without substantial jus- House underlying this amendment. But tification, and if my colleagues are Justice Department, I believe it will do let us do it in the regular order, let us against my amendment, they are say- neither. Frankly, I believe this new do it through the good offices of the ing let the Government do whatever it proposal, when distilled down, is noth- gentleman’s committee with an oppor- wants, and if they cannot prove sub- ing more than a variation on the pro- tunity for interested parties to be stantial justification, tough luck. tect Members theme that is already heard, for the representatives of the I do not buy that. written into this bill. While the lan- Justice Department to make their case Mr. Chairman, I reserve the balance guage of the gentleman from Illinois about the real consequences of this of my time. [Mr. HYDE] allows the court to deny re- kind of very, very significant change in Mr. SKAGGS. Mr. Chairman, I yield imbursement if it believes the prosecu- national policy. We cannot do justice myself such time as I may consume. tion’s case is substantially justified, to this in this setting this evening Mr. Chairman, just quickly and in re- Members can and will claim that their under these circumstances. sponse to the gentleman’s point, and prosecution was politically motivated. Mr. HYDE. Mr. Chairman, I yield my- then I will yield time to the gentle- The words of the gentleman from Illi- self such time as I may consume. woman from Michigan, I think the gen- nois [Mr. HYDE] support the suspicion. Mr. Chairman, my good friend, the tleman proves too much. Were the He argued in his written testimony to gentleman from Colorado [Mr. words ‘‘malicious’’ and ‘‘abusive’’ in the Committee on Rules that there is, SKAGGS], puts the best possible face on, his amendment, and maybe those are quote, a legitimate fear that a prosecu- in my judgment, a very untenable ar- criteria that also ought to be intro- tor could become politically involved gument. He takes refuge in procedure, duced, it would be a different matter. with the particular case, could feel so that this is the inappropriate vehicle Those were not standards that are in compelled to win that he forgets his to bring this forward. Injustice needs his amendment although they were duty is not to win but to ensure jus- remedy and one seizes their opportuni- certainly the standards invoked in his tice. But, Mr. Chairman, it is a rare de- ties when they come along. My amend- rhetoric. But it is exactly those kinds fendant that could claim that his pros- ment was just stated as a result of the of questions about which we need a ecution was politically motivated. gentleman from Pennsylvania [Mr. more deliberative examination of this Only Members and other public offi- MURTHA] putting on this bill an amend- proposed change than is admitted this cials will travel the path that this ment to reimburse attorney fees to evening. amendment lays out. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7793 Concerns that this bill is really about ganized crime and conspiracy cases. heart or anything like that, just sub- Members are heightened in that this Likewise, we could find situations stantial justification. They do not have proposal was not introduced in pre- where the Justice Department must to win. vious Congresses and only surfaced compel testimony from children who The fact that I picked this time and after the angry glare of public opinion have been victims of abuse or pornog- we have not had hearings, that is just focused on H.R. 2267 and its existing raphy because they did not originally a dodge. This is about as simple a con- Member exemption language. But even testify, but the prosecution relied upon cept as there is. We have had it and we if one can accept the arguments that their information. Similarly, if we are have been satisfied with it in civil liti- this proposal is about protecting all dealing with espionage or national se- gation. I am simply applying the same Americans, it appears to be unneces- curity, we could force disclosure of situation to criminal litigation. sary. classified information or, worse yet, we Ms. RIVERS. Mr. Chairman, will the Our judicial system already provides could create a situation where Justice gentleman yield? many protections to seal defendants declines to prosecute for fear of having Mr. HYDE. I yield to the gentle- from frivolous cases. The gentleman to reveal information of a classified na- woman from Michigan. from Illinois [Mr. HYDE] speaks to the ture, which in fact then gives those Ms. RIVERS. Mr. Chairman, I just civil court system but not to the crimi- kinds of defendants a negotiating room was responding to the gentleman’s nal court system. If a case has been that most defendants do not enjoy. comment by I believe Mr. SKAGGS and prosecuted, a judge has already de- Clearly this is not the sort of pro- I personally and wondered what infor- cided, most likely several times, that posal that we should pass after just 30 mation the gentleman had about the prosecution’s evidence was suffi- minutes of discussion. It would work a whether we could or could not under- cient to warrant trial, and as the Jus- fundamental change in our legal sys- stand what it would be like to be a tice Department points out in their let- tem and, according to the Department criminal defendant, whether we could ter to Mr. HYDE, in every Federal fel- of Justice, would pose a substantial ob- or could not rely on any personal expe- ony case a grand jury has already de- stacle to the accomplishment of their rience? termined the adequacy of the prosecu- essential mission. Mr. HYDE. Mr. Chairman, reclaiming tion’s case. I would urge a ‘‘no’’ vote. my time, I do not know the gentle- Similarly, defendants are already Mr. HYDE. Mr. Chairman, I yield my- woman’s personal experience. Most protected by the greatest force of jus- self such time as I may consume. people are not indicted by the U.S. at- tice we have in this country, the U.S. Mr. Chairman, first of all, the judge torney. But I can imagine, and I know Constitution. The fifth amendment re- makes the decision; the U.S. attorney people who have been, what a shatter- quirement of probable cause provides does not, the jury does not. The judge ing experience it is. abiding and unambiguous protection who has heard the case has heard all Ms. RIVERS. Mr. Chairman, if the for criminal defendants. The proposal the evidence. Then, after the trial is gentleman will continue to yield, what of the gentleman from Illinois [Mr. over and the verdict is in, the judge we know is most people are not in- HYDE] offers nothing more in terms of then listens to the Government and dicted by a U.S. attorney. Of those that deterring errant prosecution. It simply says, ‘‘What was the substantial jus- are and prosecuted, 87 percent are con- creates a forum for Members of Con- tification for bringing this suit?’’ So victed. The question is why are we pur- gress to argue that they have been un- the judge decides. suing this particular bill and what in- justly targeted for political reasons. As for yielding secrets and classified dication there is—— Mr. Speaker, it is clear that this pro- information, that has been taken care Mr. HYDE. Mr. Chairman, there are posal is not only unnecessary, it is of in the courts for many years. The 13 percent that were not, and if the liti- most likely harmful. Members must be judge can hear the evidence in camera gation against them was not substan- mindful of the chilling effect legisla- by himself. Nothing needs to be pub- tially justified, we are not talking tion of this kind could have on Federal licly disclosed. about a lot of money to give them jus- prosecutions. The gentleman from Illi- Probable cause is not the same as tice, are we? nois [Mr. HYDE] has argued that poli- substantial justification. The cases re- Ms. RIVERS. Do we have any indica- tics should not be a part of the pros- cite that. There are ninth circuit cases, tion at this point how many of that 13 ecutorial calculus. Agreed, but should there are all sorts of litigation in the percent are substantially unjustified money, given that the money at issue Equal Access for Justice Act, 17 years and whether or not there is actually a here comes from the Justice Depart- of that which say that, ‘‘You may have need for this kind of proposal? And ment, budget losses under this amend- probable cause, you may have an in- would that not in fact come out in a ment would decrease the Justice De- dictment, but you’re not required as hearing and help us all make better department’s ability to pursue other the prosecutor to produce exculpatory cisions? prosecutions and weaken their resolve evidence, only evidence of guilt.’’ Mr. HYDE. Mr. Chairman, reclaiming to pursue tough but sometimes very my time, let us pass this law and then b 1900 necessary cases. we will have some experience and see Likewise, the potential of reimburse- So the two concepts are dissimilar. how many cases are brought that they ment creates a form of prosecutorial So that does not count. cannot prove substantial justification. poker wherein wealthy defendants who The gentlelady said the Constitution To take the gentlewoman’s version of can and do spend large amounts of will protect us all. things, every case is substantially jus- money on dream team defense counsel The Constitution protects you, but it tified. I am telling Members in the real can raise the stakes regarding their will not pay your bills. That Constitu- world lives are ruined, people are bank- possible prosecution. tion you carry in your pocket, the rupted, and it is not just, and we have And last but not least, please con- landlord will not take that and your a chance to remedy it and we ought to. sider the after-the-fact exercise re- lawyer will not take that. They want Mr. Chairman, I yield back the bal- quired under this bill to determine jus- to get paid with cash. When the Gov- ance of my time. tification for prosecution. As the Jus- ernment sues you and, by the way, you Mr. SKAGGS. Mr. Chairman, I yield tice Department points out, justifica- seem to have sympathy for everybody myself such time as I may consume. tion may not be evident on the trial in this picture but the victim, who has Mr. Chairman, I really am perplexed. record. There may be evidence that was been sued and the Government cannot The gentleman who offers this amend- relied upon in good faith by the pros- substantially justify the lawsuit. I ment obviously feels deeply and strong- ecution in coming to its decision to really wish you had some imagination ly about the wrong to be righted by prosecute, but was later suppressed at and could imagine yourself getting ar- this proposal, which is obviously legis- trial; there may be disclosure or re- rested, getting indicted, what happens lative language. The gentleman chairs quired disclosure and compromise of to your name, to your family, and the the committee of jurisdiction. confidential sources or law enforce- Government has a case it cannot sub- We are in the ninth month of this ment techniques, particularly when the stantially justify. They do not need to session of Congress. If the gentleman Justice Department is dealing with or- defend against malice or hardness of believes that this is such an important H7794 CONGRESSIONAL RECORD — HOUSE September 24, 1997 matter, the question obviously arises ERS the need to further address vic- Mr. HULSHOF. I yield to the gen- why, with his control over the jurisdic- tims’ rights, and I also want to com- tleman from Kentucky. tion of this committee, there has not mend the ranking minority member of Mr. ROGERS. Mr. Chairman, I thank been legislation introduced, hearings the appropriations subcommittee for the gentleman for his statement, and held and a bill reported, so that we his commitment to offering valuable for his concern for victims’ rights. I re- would not be put to this very awkward services such as victim coordinators, as alize the gentleman’s commitment to- business of trying to figure out the real well as a national notification system ward this cause and the background he practical implications, legally, in to those that have been the unfortu- brings to this body as a former pros- terms of cost and every other way by a nate victims of violent crime. ecuting attorney from the State of proposal brought first to the floor of Mr. Chairman, the American crimi- Missouri as Attorney General. the House. nal justice system has neglected vic- I agree that every effort must be Mr. HYDE. Mr. Chairman, will the tims for far too long. As part of its re- made to ensure that victims are not gentleman yield? sponsibility, U.S. Attorney offices from forgotten in the criminal justice sys- Mr. SKAGGS. I yield to the gen- across the country have recently estab- tem. The measures included in this tleman from Illinois. lished victim and witness assistance year’s appropriations bill send us in Mr. HYDE. The only reason it is here programs to close the gap between the right direction to meeting the now, I saw the Murtha amendment, it prosecutors and victims. needs of victims of serious violent was coming to the floor, and I thought I can tell you as a former prosecuting crime. The subcommittee provided we could do it better. That is all. I am attorney in the State of Missouri, that funds for 74 new victim coordinators trying to improve someone else’s as a result of increasing caseloads, and advocates and the development of amendment to make it fairer, to make prosecutors have been given the near a national notification system. it not too broad, and to give a stand- impossible task of convicting the Mr. Chairman, I look forward to ard. That is why we are here. guilty, protecting the innocent, and working with the gentleman during the That is not to say we will not deal providing much needed services to vic- conference deliberations on the bill to with it in the Committee on the Judici- tims of crimes. find additional monies for this very ary, I am sure we will, but there may Coordinators help victims of domes- vital program. The CHAIRMAN. The Clerk will read. be no need to after it passes. tic violence and child abuse, as well as The Clerk read as follows: Mr. SKAGGS. Mr. Chairman, re- telemarketing and securities fraud, claiming my time, if the gentleman is which often targets seniors, and even TITLE I—DEPARTMENT OF JUSTICE sure he will, I think he makes the victims such as those that suffered in GENERAL ADMINISTRATION point. Let us not do this fast, maybe the Oklahoma City bombing. Clearly, SALARIES AND EXPENSES wrong, and with ill consideration in Mr. Chairman, more should be done to For expenses necessary for the administration of the Department of Justice, $76,199,000, the context of an appropriations bill. meet the needs of these incredibly sen- of which not to exceed $3,317,000 is for the The gentleman has indicated that if sitive cases. Facilities Program 2000, to remain available we defeat his amendment, and presum- Coordinators are an integral part in until expended: Provided, That not to exceed ably later on defeat the Murtha lan- keeping victims at the center of the 43 permanent positions and 44 full-time guage, this will be a matter taken up, criminal justice system, rather than on equivalent workyears and $7,860,000 shall be as it should be, by the committee with the outside looking in. Victims deserve expended for the Department Leadership jurisdiction over this kind of legisla- to be educated in the legal rights they Program exclusive of augmentation that oc- tion, not a quick and possibly wrong have in the judicial system and deserve curred in these offices in fiscal year 1997: the emotional support that coordina- Provided further, That not to exceed 41 per- resolution of the matter on an appro- manent positions and 48 full-time equivalent priations bill. tors provide. As we here in Congress workyears and $4,660,000 shall be expended Mr. Chairman, I urge my colleagues continue to crack down on criminals, for the Offices of Legislative Affairs and to vote no on this amendment. the needs of victims should be equally Public Affairs: Provided further, That the lat- Mr. Chairman, I yield back the bal- elevated. ter two aforementioned offices shall not be ance of my time. Additionally, victim and witness as- augmented by personnel details, temporary The CHAIRMAN. The question is on sistance programs will be implement- transfers of personnel on either a reimburs- the amendment offered by the gen- ing a national notification system that able or non-reimbursable basis or any other type of formal or informal transfer or reim- tleman from Illinois [Mr. HYDE]. ensures victims are kept informed of bursement of personnel or funds on either a The question was taken; and the case developments. It is imperative temporary or long-term basis. Chairman announced that the ayes ap- that victims of domestic violence, rape COUNTERTERRORISM FUND peared to have it. or child molestation be notified of a For necessary expenses, as determined by Mr. SKAGGS. Mr. Chairman, I de- criminal’s release back into society. It the Attorney General, $20,000,000, to remain mand a recorded vote, and pending is my hope, Mr. Chairman, that the available until expended, to reimburse any that, I make the point of order that a U.S. Attorneys’ Offices across the Department of Justice organization for (1) quorum is not present. country will be able to move quickly in the costs incurred in reestablishing the oper- The CHAIRMAN. Pursuant to House providing this service to victims. ational capability of an office or facility Resolution 239, further proceedings on The victim and witness assistance which has been damaged or destroyed as a the amendment offered by the gen- program is important to ensure public result of any domestic or international terrorist incident, (2) the costs of providing sup- tleman from Illinois [Mr. HYDE]) will confidence in our criminal justice sys- port to counter, investigate or prosecute do- be postponed. tem, to make sure that it continues to mestic or international terrorism, including The point of no quorum is considered aggressively prosecute dangerous payment of rewards in connection with these withdrawn. criminals, while at the same time serv- activities, and (3) the costs of conducting a Mr. HULSHOF. Mr. Chairman, I icing the rights of victims. It is my terrorism threat assessment of Federal agen- move to strike the last word. hope, with the gentleman from Ken- cies and their facilities: Provided, That funds Mr. Chairman, I had initially in- tucky Chairman ROGERS, that I can provided under this heading shall be avail- tended to offer an amendment that work with the gentleman on an agreeable only after the Attorney General notifies would have increased appropriations by ment to increase by $2 million the ap- the Committees on Appropriations of the $2 million for the victim and witness House of Representatives and the Senate in propriation for the victim and witness accordance with section 605 of this Act. program at the Department of Justice. assistance program in joint House and However, in discussions with the gen- ADMINISTRATIVE REVIEW AND APPEALS Senate conference negotiations. For expenses necessary for the administra- tleman from Kentucky Chairman ROG- It is my belief, Mr. Chairman, that tion of pardon and clemency petitions and ERS, I have decided that a colloquy individuals who have been tragically immigration related activities, $66,700,000. would be the best way to address my victimized by criminals should not be VIOLENT CRIME REDUCTION PROGRAMS, concerns. victimized a second time by our crimi- ADMINISTRATIVE REVIEW AND APPEALS Mr. Chairman, I appreciate the op- nal justice system. For activities authorized by section 130005 portunity to discuss with the gen- Mr. ROGERS. Mr. Chairman, will the of the Violent Crime Control and Law En- tleman from Kentucky Chairman ROG- gentleman yield? forcement Act of 1994 (Public Law 103–322), as September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7795 amended, $59,000,000, to remain available increased the funding, not to bring peo- immigration system and those, the ma- until expended, which shall be derived from ple in without the proper background jority of whom, the overwhelming ma- the Violent Crime Reduction Trust Fund. checks. jority of whom, who legally pursue OFFICE OF INSPECTOR GENERAL What we heard in those hearings was their citizenship. We should not cheap- For necessary expenses of the Office of In- we heard from people who said that en it. spector General in carrying out the provi- they had bound bundles of tests that Mr. MOLLOHAN. Mr. Chairman, will sions of the Inspector General Act of 1978, as were taken in the same pencil, in the the gentleman yield? amended, $33,211,000; including not to exceed same handwriting, and yet were being Mr. SOUDER. I yield to the gen- $10,000 to meet unforeseen emergencies of a confidential character, to be expended under applied as individuals as opposed to tleman from West Virginia. the direction of, and to be accounted for groups that they were actually done Mr. MOLLOHAN. Mr. Chairman, I solely under the certificate of, the Attorney by. understood that we were going to ac- General; and for the acquisition, lease, main- We heard from Dallas, for example, cept this amendment without debating tenance, and operation of motor vehicles, that they had boxes of forms that it. In the process of accepting the without regard to the general purchase price never went through FBI background amendment for the purposes of the bill limitation for the current fiscal year: Pro- checks; boxes, literally thousands in being considered on the floor here vided, That up to one-tenth of one percent of some of these offices. today, I just want it understood that the Department of Justice’s allocation from all of the characterizations that the the Violent Crime Reduction Trust Fund We heard about the mass swearing in grant programs may be transferred at the ceremonies, where often the green gentleman has made are not agreed to discretion of the Attorney General to this cards were dumped into bins without in the process of our accepting the account for the audit or other review of such checking off where they were coming amendment. grant programs, as authorized by section from and then reappeared in the Mr. ROGERS. Mr. Chairman, will the 130005 of the Violent Crime Control and Law streets. gentleman yield? Enforcement Act of 1994 (Public Law 103–322). We heard career INS employees tell- Mr. SOUDER. I yield to the gen- AMENDMENT OFFERED BY MR. SOUDER ing how they were told not to ask ques- tleman from Kentucky. Mr. SOUDER. Mr. Chairman, I offer tions and follow-up questions when Mr. ROGERS. Mr. Chairman, the gen- an amendment. people did not even know what city tleman has made a very interesting The Clerk read as follows: they lived in. This type of thing was point, and I am prepared to accept the Amendment offered by Mr. SOUDER: not what was intended by Congress. amendment, because it gives additional Page 4, line 4, after the dollar amount, in- The accelerated activity resulted in oversight of the Immigration and Nat- sert the following: ‘‘(increased by 180,000 applications being approved uralization Service, an agency that I $2,000,000)’’. without proper screening, according to think is out of control. Page 19, line 2, after the dollar amount, in- Justice Department figures, and, of I have to say this, if the gentleman sert the following: ‘‘(reduced by $3,000,000)’’. those, 10,800 had felony arrests. will continue to yield. In this bill, in Mr. SOUDER. Mr. Chairman, I should On April 18, 1997, the Justice Depart- addition to the money that we hope is say at the outset this amendment is ment released a report conducted by agreed to in the gentleman’s amend- cosponsored by the gentleman from Il- KPMG Peat Marwick Company that ment for additional oversight by the linois [Mr. HASTERT], the chairman of made clear that the Justice Depart- inspector general of the Department the Subcommittee on National Secu- ment had failed to take adequate cor- for INS, in the bill we make it illegal rity, International Affairs, and Crimi- rective action. The report stated that for the INS to waive the FBI criminal nal Justice of the Committee on Gov- because of the persistent problems in check before they grant citizenship to ernment Reform and Oversight with checking fingerprints of citizen appli- an individual. oversight over the INS. cants against FBI criminal history The CHAIRMAN. The time of the Mr. Chairman, this amendment sim- records, ‘‘we cannot provide assurances gentleman from Indiana [Mr. SOUDER] ply transfers the $3 million from the that INS is not continuing to incor- has expired. Immigration and Naturalization Serv- rectly nationalize aliens without dis- (By unanimous consent, Mr. SOUDER ice and increases the Inspector Gen- qualifying conditions.’’ was allowed to proceed for 3 additional eral’s office at the Justice Department On April 28, 1997, the Inspector Gen- minutes.) by $2 million to provide adequate re- eral of the Justice Department an- Mr. SOUDER. Mr. Chairman, I would sources for a thorough investigation of nounced a wide-ranging special inves- like to make it clear, I intend to make the abuses of the Citizenship USA pro- tigation by his office into allegations no additional statement. gram administered by the INS. of mismanagement, misconduct and il- Mr. ROGERS. Mr. Chairman, will the The Citizenship USA program was de- legality in the controversial INS pro- gentleman yield? vised in 1995 to increase the speed and gram to speed up the citizenship proc- Mr. SOUDER. I yield to the gen- efficiency of the naturalization process. tleman from Kentucky. ess. The problem is that speed was a Mr. ROGERS. So we make it illegal b priority and efficiency was forgotten. 1915 for them to waive the criminal check In 1996, the number of naturalizations Yet still Attorney General Reno re- by the FBI before they grant citizen- tripled to 1.1 million, an upsurge well fuses to appoint an independent coun- ship, as they did last year in at least timed for the November election. sel to provide an objective and com- 180,000 cases, and we have 10,000, at In the Subcommittee on National Se- plete investigation. least, felons walking the streets of curity, International Affairs, and I know that the gentleman from Ken- America today because the INS waived Criminal Justice of the Committee on tucky [Mr. ROGERS] the chairman of the policy against requiring criminal Government Reform and Oversight, I the subcommittee, has held hearings checks by the FBI before they grant chaired a number of hearings on the re- on this subject, as we have done on the citizenship. We make it law now in this sulting chaos from this accelerated Committee on Government Reform and bill, not just policy. It will be the law. process. It was said at that time that Oversight, and I thank the chairman No. 2, in this bill we also authorize the appropriations committee had infor his leadership on this important and direct the Attorney General to fire creased the funding for this accelera- matter. on the spot any INS employee who vio- tion. I ask for my colleagues’ support for a lates the law or policy of the Depart- As I pointed out, the gentleman from complete and objective investigation of ment in relation to the naturalization Kentucky, Chairman ROGERS, and all illegal activity by the inspector gen- process. We will not tolerate the sell- of us in Congress certainly did not in- eral in order to restore the integrity ing of American citizenship for votes or tend to not have background checks be and dignity of the naturalization proc- anything else in this country, and this done. The goal was to correctly bring ess. Naturalization is a critical symbol bill makes that plain. people who were legal aliens into citi- of the American democratic experi- Mr. Chairman, I accept the gentle- zenship and welcome them in and ac- ment and the continuing contribution man’s amendment. celerate that process. That was the that immigrants make. The time has Mr. WATT of North Carolina. Mr. reason the appropriations committee come to eliminate this blemish on the Chairman, will the gentleman yield? H7796 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Mr. SOUDER. I yield to the gen- The Clerk read as follows: Let me also stress that the work that tleman from North Carolina. Amendment offered by Mr. they are doing now is extremely slow Mr. WATT of North Carolina. Mr. ACKERMAN: and a very tedious and laborious proc- Chairman, I do not want to prolong Page 5, line 9, insert ‘‘(increased by ess. OSI continues to be undermanned this, but as the ranking member of the $300,000)’’ after ‘‘$445,000,000’’. and underresourced, and this addi- Mr. ACKERMAN. Mr. Chairman, Subcommittee on Immigration and tional major surprise project further many of our colleagues may already Claims on the Committee on the Judi- strains those capabilities. ciary, I just want to make it clear that know the deeply troubling situation Therefore, this amendment would Peat Marwick has just finished the re- that exists in the United States with simply add $300,000 to the Justice De- port and issued it. There were only 300 regard to the veterans of the Nazi war partment appropriation for the specific presumptively ineligible persons found machine. purposes of investigating the names on About 8 months ago I discovered that out of 1.3 million, so this notion that the lists that the German Government thousands of former soldiers from Hit- there is some massive impropriety has provided us. I think this is a pru- ler’s elite Waffen-S.S. corps, now living going on is just incorrect. dent and reasonable amendment, and I all around the world, some of whom Mr. ROGERS. Mr. Chairman, will the have been informed by the Director of may have participated in crimes gentleman yield? OSI that this additional appropriation against humanity, have been receiving Mr. SOUDER. I yield to the gen- would allow them to hire the needed monthly pensions from the German tleman from Kentucky. attorneys and historians in order to Government. These fairly generous Mr. ROGERS. Mr. Chairman, INS at complete this list project effectively pensions called, ironically enough, war this very moment is processing 5,000 and efficiently and in a timely manner. revocations of citizenship because they victims’ pensions, are given to Nazi SS Mr. ROGERS. Mr. Chairman, will the are criminals; 5,000, and they have just officers who sustained injuries during gentleman yield? started counting. The gentleman is in- World War II. Mr. ACKERMAN. I yield to the gen- correct. However, my concern lies with the tleman from Kentucky. Mr. SOUDER. Mr. Chairman, I thank fact that neither the German Govern- Mr. ROGERS. Mr. Chairman, the gen- the gentleman for his leadership. ment nor any other government has tleman has worked very closely with us Mr. WATT of North Carolina. Mr. ever bothered to cross-check the list of on his amendment. We believe this pro- Chairman, I move to strike the req- applicants and recipients with the gram has merit and is a good amend- uisite number of words, and I will not international list of known Nazi war ment, and we have no objection to it take the 5 minutes. criminals. This is unacceptable, par- and support its adoption. I think we are talking about two sep- ticularly since we have learned that at Mr. ACKERMAN. Mr. Chairman, I arate issues, and I am not taking issue least 3,300 recipients of these Nazi pen- thank the chairman, the gentleman with what the chairman says, but the sions live right here in the United from Kentucky [Mr. ROGERS], for his gentleman from Indiana [Mr. SOUDER] States. cooperation and his decisive leadership in his comments made reference to a The situation becomes ironically in- in this matter, and I urge the adoption report from Peat Marwick. That report tolerable when we realize that accord- of this amendment in the House. just out indicates only 300 out of 1.3 ing to the American Jewish Commit- The CHAIRMAN. The question is on million people who were presumptively tee, which has done a tremendous job the amendment offered by the gen- ineligible for citizenship, and that is a in working on this issue, that well over tleman from New York [Mr. ACKER- different issue than the issue the chair- 15,000 Jewish survivors of the Holo- MAN]. man is addressing. caust, and probably at least as many The amendment was agreed to. The CHAIRMAN. The question is on non-Jewish survivors living in Eastern Mr. MILLER of California. Mr. Chair- the amendment offered by the gen- Europe and countries of the former So- man, I move to strike the last word to tleman from Indiana [Mr. SOUDER]. viet Union, have never received any enter into a colloquy with the gen- The amendment was agreed to. compensation from that government tleman from Kentucky [Mr. ROGERS], The CHAIRMAN. The Clerk will read. for the horrors they were forced to en- the chairman of the subcommittee. The Clerk read as follows: dure in Nazi ghettos and concentration (Mr. MILLER of California asked and UNITED STATES PAROLE COMMISSION camps. was given permission to revise and ex- SALARIES AND EXPENSES These survivors have been dubbed the tend his remarks.) For necessary expenses of the United ‘‘double victims,’’ as they were first Mr. MILLER of California. Mr. Chair- States Parole Commission as authorized by victimized by the Nazi nightmare and man, I was going to offer an amend- law, $4,799,000. then again by the Communist government, along with the gentlewoman LEGAL ACTIVITIES ments that took over after the war. from Hawaii [Mrs. MINK], the gen- SALARIES AND EXPENSES, GENERAL LEGAL Perhaps we need to call them ‘‘triple tleman from South Carolina [Mr. ACTIVITIES victims’’ at this point since they are SPRATT], and the gentlewoman from For expenses, necessary for the legal ac- once again being victimized by a gov- Connecticut [Ms. DELAURO] for the Of- tivities of the Department of Justice, not fice of the United States Attorney to otherwise provided for, including not to ex- ernment who continuously refuses to ceed $20,000 for expenses of collecting evi- offer them any compensation. Many of augment this fund by $100,000 for addi- dence, to be expended under the direction of, these survivors are also in desperate fi- tional resources for the Federal Vic- and to be accounted for solely under the cer- nancial straits as well as in poor tims’ Assistance Program in the Com- tificate of, the Attorney General; and rent of health. monwealth of the Marianas. However, I private or Government-owned space in the Based on the information we received understand that the chairman of the District of Columbia; $445,000,000, of which regarding the issue of pensions to subcommittee, the gentleman from not to exceed $10,000,000 for litigation sup- former Nazi Waffen-SS officers, I wrote Kentucky [Mr. ROGERS], is willing to port contracts shall remain available until expended: Provided, That of the funds avail- to German Chancellor Helmut Kohl re- engage us in a colloquy, and if I can do able in this appropriation, not to exceed questing that he send us the list of so, I would like to do that at this time, $17,525,000 shall remain available until ex- those living in the United States so with the chairman’s permission. pended for office automation systems for the that the Office of Special Investiga- In lieu of offering that amendment, I legal divisions covered by this appropriation, tions in our State Department and in understand that additional funds have and for the United States Attorneys, the our Department of Justice could do the already been provided in this bill that Antitrust Division, and offices funded necessary cross-checking before the could accommodate the need for in- through ‘‘Salaries and Expenses’’, General creased U.S. Attorneys’ presence in the Administration: Provided further, That of the trail to Nazi war criminals grows cold. total amount appropriated, not to exceed To the credit of Chancellor Kohl and Commonwealth of the Northern Mari- $1,000 shall be available to the United States the German people, he quickly acceded ana Islands to address the increasing National Central Bureau, INTERPOL, for of- to the request, and our Office of Spe- docket and strained resources for both ficial reception and representation expenses. cial Investigations, OSI, under the su- the Federal district court and the Of- AMENDMENT OFFERED BY MR. ACKERMAN perb leadership of its Director, Eli fice of the U.S. Attorney located in Mr. ACKERMAN. Mr. Chairman, I Rosenbaum, is currently poring over Guam, which presently provides pros- offer an amendment. these lists. ecution support to the CNMI. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7797 The increased law enforcement of the Marianas Government has spent mil- They are American citizens. They Federal criminal statutes’ victims pro- lions of dollars lobbying this Congress should abide by the fundamental laws tection and violations of the Occupa- to allow these current practices to con- of this country, but they do not. tional Health and Safety Act and the tinue. The victims of this abuse are The reason they do not was there was Fair Labor Standards Act will be afraid to complain because they are a provision in the covenant which furthered with additional U.S. attorney impoverished and laboring in a foreign yielded to their demands at that time resources. This will also permit the in- country, our country. They are bound to say that they should not have to creased cooperation between the Fed- by contracts and labor agreements that apply or enforce the immigration laws eral Government and the Common- stifle the most minimum of constitu- of this country nor the labor laws. wealth of the Northern Marianas in ad- tional and human rights. They know They argued that the immigration laws dressing any violation of workplace that complaining about the underpay- and labor laws would be too cum- and housing laws. ment of wages, forced prostitution, and bersome, too many regulations. It What I would like to ask the chair- employer rape carries with it the risk would encumber the ability of this man is will the chairman work to in- of retaliation or immediate deporta- small place to prosper and become self- clude the language in the statement of tion, or actions against their families sufficient. So the Congress gave in and managers which directs the U.S. attor- in China. the covenant, therefore, excluded these neys to provide an additional $100,000 b 1930 two very vital provisions which safe- in resources in Guam for the use of the guard people entering into the United Commonwealth of the Northern Mari- Mr. Chairman, thousands of these States. anas to address these issues? women toil in the garment factories The Northern Marianas is part of the Mr. ROGERS. Mr. Chairman, will the owned by the People’s Republic of United States. Those people there are gentleman yield? China, and they are forced to sign U.S. citizens. What they do is they Mr. MILLER of California. I yield to shadow contracts with the Chinese comb across the Asian continent and the gentleman from Kentucky. Government before they are allowed to they find unwitting, unsuspecting vic- Mr. ROGERS. Mr. Chairman, let me work here that stipulate that they are tims to lure to the Northern Marianas compliment the gentleman from Cali- forbidden from practicing religion with promises of great prosperity, with fornia [Mr. MILLER] for raising these while in the United States, and may promises that they will earn money concerns regarding law enforcement not engage in free speech. This is sim- and be able to send it back to their needs in the Northern Mariana Islands. ply unacceptable. families so they can have a better life; We will work during the conference to Here perhaps is the most shocking that they would come to an American include language to address the issue fact. The products that this exploited territory and really enjoy the benefits in the statement of managers. labor work force, the products that of a democracy. Mr. MILLER of California. Mr. Chair- they work on, are admitted to our na- What do they find? They sign a con- man, I thank the gentleman very much tional markets duty-free, quota-free, tract which requires that they repay for his statement of support and his and with the label sewn by these inden- thousands of dollars if they cancel it. willingness to work with myself and tured workers that says, ‘‘Made in the They come to the Northern Marianas. the other Members, and I appreciate U.S.A.’’ They are really enslaved in these ter- the gentleman agreeing to do this col- We can no longer accept this prac- rible warehouses, tens of thousands of loquy. tice. Additional funds for the Attorney foreigners impacted into this place. The reason we did this, I say to my General’s office in the Northern Mari- They do not have the protection of colleagues, is I think that it is accu- anas are desperately needed. I thank minimum wage. Oftentimes they work rate to say that most Members of Con- the chairman again for entering into with no salary at all. gress, like most Americans, are un- this colloquy. They cannot complain because if aware of the tens of thousands of work- The CHAIRMAN. The time of the they want to break their contract, they ers who toil on American soil in the gentleman from California [Mr. MIL- have no money to give back to these U.S. Commonwealth of the Northern LER] has expired. people who hired them. They have no Marianas Islands who are routinely (By unanimous consent, Mr. MILLER money to buy an airplane ticket. The subjected to gross violations of their of California was allowed to proceed for women who come to this place are ter- human rights and other rights, while 4 additional minutes.) rorized. They are brutalized. They are being provided few of the legal protec- Mrs. MINK of Hawaii. Mr. Chairman, made into prostitutes. Young children, tions afforded the rest of us. will the gentleman yield? 14- and 15-year-olds, females, are put This widespread and intolerable Mr. MILLER of California. I yield to into bondage. It is the most disgraceful abuse have been credibly documented the gentlewoman from Hawaii. thing happening on U.S. soil. by the U.S. Department of the Interior, Mrs. MINK of Hawaii. I thank the Forget the fact that it is the Com- the Justice Department, the Commerce gentleman for yielding to me, Mr. monwealth of the Northern Marianas; Department, State, Labor; and news Chairman. it is a U.S. territory. The people with organizations, including the television I am really very, very excited about whom we signed the contract were U.S. program Inside Edition, Reader’s Di- the idea that for the first time since citizens. It is our responsibility to gest, the Honolulu Star Bulletin, the my coming here to Congress in 1990, we make sure that these individuals are Pacific Daily News, the Dallas Morning have a chance to discuss this issue. protected. News, the Washington Post, the Los Many of us have been really worried All we are asking this Congress to do Angeles Times; the report of the Com- and concerned about it. We have done is to pay heed to the victims who are mittee on Resources Democratic staff, what we could in letter writing and brought there, tens of thousands, most foreign consulates, church and human contacting and exposing this whole of them women. One of them that I rights workers, and many others. issue before our constituents, before know in my State has been brought to It is regrettable that until today, the people that have some power to do the State of Hawaii as a victim. She this Congress is one of the few places something about this. But this is really came to Hawaii at age 14 and is now 16, where we have been unable to gain a very, very serious situation. and she cannot obtain justice. She has even minimal discussion of these When we talk about the Northern no funds with which to exist. There is abuses. Inside Edition captured the Marianas, so many people think that no victim protection for her whatso- horrific conditions in the Marianas on this is a foreign country. Why should ever. She was abused and raped and put film and for this Nation to view. Now we care about what the conditions are into prostitution. we in Congress must respond to the that these people work under? Mr. Chairman, if Members had an op- outrages that they have documented. Let me remind this House that in portunity to witness this themselves Indeed, instead of allocating the re- 1975 we entered into a compact with and to talk to the people that have en- sources to providing greater protection the Northern Marianas, a covenant dured this system, Members would unfor these exploited and abused workers, which gave the indigenous people of derstand the rage and the furor that I the Commonwealth of the Northern this territory U.S. citizenship status. feel about what is happening there. H7798 CONGRESSIONAL RECORD — HOUSE September 24, 1997 And the products, Mr. Chairman, as the More important, it would help thou- this Act for the United States Attorneys: gentleman in the well has said, they sands of women regain their dignity Provided further, That not to exceed $6,000,000 come to the United States with a and their honor. for office moves, expansions and renovations shall remain available until September 30, ‘‘Made in the U.S.A.’’ label. That is We responded immediately this past 1999: Provided further, That not to exceed heinous. summer to discovering illegal sweat- $1,200,000 for the design, development and im- The CHAIRMAN. The time of the shops in New York City. Americans do plementation of an information systems gentleman from California [Mr. MIL- know what is right in this area. Forced strategy for D.C. Superior Court shall re- LER] has expired. labor, entrapment into prostitution, main available until expended. Mr. MILLER of California. Mr. Chair- are wrong. When we discovered the VIOLENT CRIME REDUCTION PROGRAMS, UNITED man, I ask unanimous consent for 3 ad- conditions in New York City, Ameri- STATES ATTORNEYS ditional minutes. cans were outraged. We demanded For activities authorized by sections 40114, Mr. ROGERS. Reserving the right to change, and it occurred. We should do 130005, 190001(b), 190001(d), and 250005 of the object, Mr. Chairman, we have a great the same for the women who are Violent Crime Control and Law Enforcement number of items to take up. I want us Act of 1994 (Public Law 103–322), as amended, trapped in the Northern Marianas and section 815 of the Antiterrorism and Ef- to air this fully, but I would hope that sweatshops. fective Death Penalty Act of 1996 (Public we could conclude. Mr. MILLER of California. I thank Law 104–132), $62,828,000, to remain available Mr. MILLER of California. If the gen- the chairman and ranking member for until expended, which shall be derived from tleman will yield, I thank the gen- their attendance to this problem. the Violent Crime Reduction Trust Fund. tleman. The only reason we would do The CHAIRMAN. The Clerk will read. UNITED STATES TRUSTEE SYSTEM FUND that is just so it could be in sequence. The Clerk read as follows: For necessary expenses of the United We did not know if they could strike In addition, for reimbursement of expenses States Trustee Program, as authorized by 28 the 5 minutes. of the Department of Justice associated with U.S.C. 589a(a), $107,950,000, to remain avail- Mr. ROGERS. I have already agreed processing cases under the National Child- able until expended and to be derived from to do what the gentleman wants. hood Vaccine Injury Act of 1986, as amended, the United States Trustee System Fund: Pro- not to exceed $4,028,000, to be appropriated vided, That, notwithstanding any other pro- Mr. MILLER of California. I under- vision of law, deposits to the Fund shall be stand. from the Vaccine Injury Compensation Trust Fund. available in such amounts as may be nec- The CHAIRMAN. Is there objection essary to pay refunds due depositors: Pro- to the request of the gentleman from VIOLENT CRIME REDUCTION PROGRAMS, vided further, That, notwithstanding any California? GENERAL LEGAL ACTIVITIES other provision of law, $107,950,000 of offset- There was no objection. For the expeditious deportation of denied ting collections derived from fees collected Ms. DELAURO. Mr. Chairman, will asylum applicants, as authorized by section pursuant to 28 U.S.C. 589a(b) shall be re- the gentleman yield? 130005 of the Violent Crime Control and Law tained and used for necessary expenses in Mr. MILLER of California. I yield to Enforcement Act of 1994 (Public Law 103–322), this appropriation and remain available as amended, $7,969,000, to remain available until expended: Provided further, That the the gentlewoman from Connecticut. until expended, which shall be derived from sum herein appropriated from the Fund shall Ms. DELAURO. Mr. Chairman, I the Violent Crime Reduction Trust Fund. be reduced as such offsetting collections are thank my colleague for giving us the SALARIES AND EXPENSES, ANTITRUST DIVISION received during fiscal year 1998, so as to re- opportunity to talk about these deplor- For expenses necessary for the enforce- sult in a final fiscal year 1998 appropriation able human rights abuses, as has been ment of antitrust and kindred laws, from the Fund estimated at $0: Provided fur- stated, right here on U.S. territory. $84,542,000: Provided, That notwithstanding ther, That any such fees collected in excess The report that was issued in July in- any other provision of law, not to exceed of $107,950,000 in fiscal year 1998 shall remain dicates that local government in the $70,000,000 of offsetting collections derived available until expended but shall not be Northern Mariana Islands looks the from fees collected for premerger notifica- available for obligation until October 1, 1998. other way as tens of thousands of low- tion filings under the Hart-Scott-Rodino SALARIES AND EXPENSES, FOREIGN CLAIMS paid and disenfranchised women, most- Antitrust Improvements Act of 1976 (15 SETTLEMENT COMMISSION For expenses necessary to carry out the ac- ly from China and the Philippines, are U.S.C. 18(a)) shall be retained and used for necessary expenses in this appropriation, and tivities of the Foreign Claims Settlement forced to live and work in squalid, un- shall remain available until expended: Pro- Commission, including services as author- safe conditions. Guards, barbed wire vided further, That the sum herein appro- ized by 5 U.S.C. 3109, $1,226,000. have prevented them from escaping. priated from the General Fund shall be re- SALARIES AND EXPENSES, UNITED STATES The women suffer, the owners of the duced as such offsetting collections are re- MARSHALS SERVICE sweatshops prosper. Some, as my col- ceived during fiscal year 1998, so as to result For necessary expenses of the United league the gentlewoman from Hawaii in a final fiscal year 1998 appropriation from States Marshals Service, including the ac- [Mrs. MINK] pointed out, have been the General Fund estimated at not more quisition, lease, maintenance, and operation forced into prostitution. than $14,542,000: Provided further, That any of vehicles and aircraft, and the purchase of fees received in excess of $70,000,000 in fiscal passenger motor vehicles for police-type use, Whistle blowers are abused, trouble- year 1998 shall remain available until ex- makers are sent back to their home without regard to the general purchase price pended, but shall not be available for obliga- limitation for the current fiscal year, countries, while the local government tion until October 1, 1998. $462,944,000, as authorized by 28 U.S.C. 561(i); has turned a blind eye, leaving these SALARIES AND EXPENSES, UNITED STATES of which not to exceed $6,000 shall be avail- women and young girls with little hope ATTORNEYS able for official reception and representation for protection. This kind of treatment For necessary expenses of the Office of the expenses; and of which not to exceed is intolerable. United States Attorneys, including intergov- $4,000,000 for development, implementation, I happen to have a particular interest ernmental and cooperative agreements, maintenance and support, and training for in this area because my mother was a $973,000,000; of which not to exceed $2,500,000 an automated prisoner information system, garment worker. She worked in a shall be available until September 30, 1999, and not to exceed $2,200,000 to support the for (1) training personnel in debt collection, Justice Prisoner and Alien Transportation sweatshop in New Haven, CT, as so System shall remain available until ex- many women did, where they worked (2) locating debtors and their property, (3) paying the net costs of selling property, and pended: Provided, That, for fiscal year 1998 for pennies. They worked in all condi- (4) tracking debts owed to the United States and thereafter, the service of maintaining tions. Government: Provided, That of the total and transporting State, local, or territorial This is not the right thing to do. We amount appropriated, not to exceed $8,000 prisoners shall be considered a specialized or made some changes here in the coun- shall be available for official reception and technical service for purposes of 31 U.S.C. try. We tend to think that sweatshops representation expenses: Provided further, 6505, and any prisoners so transported shall do not exist any longer. In fact, they That not to exceed $10,000,000 of those funds be considered persons (transported for other than commercial purposes) whose presence is do, and right under our very eyes in available for automated litigation support contracts shall remain available until ex- associated with the performance of a govern- territories under U.S. control. mental function for purposes of 49 U.S.C. I am pleased we have an opportunity pended: Provided further, That, in addition to reimbursable full-time equivalent workyears 40102. to insert some funds here which will available to the Office of the United States VIOLENT CRIME REDUCTION PROGRAMS, UNITED allow for there to be law enforcement Attorneys, not to exceed 9,010 positions and STATES MARSHALS SERVICE efforts. This would allow U.S. Federal 9,116 full-time equivalent workyears shall be For activities authorized by section law officials to do the right thing. supported from the funds appropriated in 190001(b) of the Violent Crime Control and September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7799 Law Enforcement Act of 1994 (Public Law involved in organized crime drug trafficking investigative assistance authorized by sec- 103–322), as amended, $25,553,000, to remain not otherwise provided for, to include inter- tion 210501 of the 1994 Act; $9,500,000 shall be available until expended, which shall be de- governmental agreements with State and for grants to States, as authorized by section rived from the Violent Crime Reduction local law enforcement agencies engaged in 811(b) of the Antiterrorism Act; and $5,500,000 Trust Fund. the investigation and prosecution of individ- shall be for establishing DNA quality-assur- FEDERAL PRISONER DETENTION uals involved in organized crime drug traf- ance and proficiency-testing standards, es- For expenses, related to United States ficking, $294,967,000, of which $50,000,000 shall tablishing an index to facilitate law enforce- prisoners in the custody of the United States remain available until expended: Provided, ment exchange of DNA identification infor- Marshals Service as authorized in 18 U.S.C. That any amounts obligated from appropria- mation, and related activities authorized by 4013, but not including expenses otherwise tions under this heading may be used under section 210501 of the 1994 Act. provided for in appropriations available to authorities available to the organizations re- TELECOMMUNICATIONS CARRIER COMPLIANCE the Attorney General, $405,262,000, as author- imbursed from this appropriation: Provided FUND ized by 28 U.S.C. 561(i), to remain available further, That any unobligated balances re- As authorized by section 110 of the Com- until expended. maining available at the end of the fiscal munications Assistance for Law Enforce- FEES AND EXPENSES OF WITNESSES year shall revert to the Attorney General for ment Act (47 U.S.C. 1009), $50,000,000 is appro- reallocation among participating organiza- For expenses, mileage, compensation, and priated for purposes of national security, tions in succeeding fiscal years, subject to per diems of witnesses, for expenses of con- without fiscal year limitation, to the De- the reprogramming procedures described in tracts for the procurement and supervision partment of Justice Telecommunications section 605 of this Act. of expert witnesses, for private counsel ex- Carrier Compliance Fund, for payments pur- penses, and for per diems in lieu of subsist- FEDERAL BUREAU OF INVESTIGATION suant to section 401 of such Act (47 U.S.C. ence, as authorized by law, including ad- SALARIES AND EXPENSES 1021). vances, $75,000,000, to remain available until For necessary expenses of the Federal Bu- CONSTRUCTION expended; of which not to exceed $4,750,000 reau of Investigation for detection, inves- For necessary expenses to construct or ac- may be made available for planning, con- tigation, and prosecution of crimes against quire buildings and sites by purchase, or as struction, renovations, maintenance, remod- the United States; including purchase for po- otherwise authorized by law (including eling, and repair of buildings, and the pur- lice-type use of not to exceed 3,094 passenger equipment for such buildings); conversion chase of equipment incident thereto, for pro- motor vehicles, of which 2,270 will be for re- and extension of federally-owned buildings; tected witness safesites; of which not to ex- placement only, without regard to the gen- and preliminary planning and design of ceed $1,000,000 may be made available for the eral purchase price limitation for the cur- projects; $38,506,000, to remain available purchase and maintenance of armored vehi- rent fiscal year, and hire of passenger motor until expended. cles for transportation of protected wit- vehicles; acquisition, lease, maintenance, DRUG ENFORCEMENT ADMINISTRATION nesses; and of which not to exceed $4,000,000 and operation of aircraft; and not to exceed SALARIES AND EXPENSES may be made available for the purchase, in- $70,000 to meet unforeseen emergencies of a stallation and maintenance of a secure, auto- confidential character, to be expended under For necessary expenses of the Drug En- mated information network to store and re- the direction of, and to be accounted for forcement Administration, including not to trieve the identities and locations of pro- solely under the certificate of, the Attorney exceed $70,000 to meet unforeseen emer- tected witnesses. General, $2,706,944,000; of which not to exceed gencies of a confidential character, to be ex- SALARIES AND EXPENSES, COMMUNITY $50,000,000 for automated data processing and pended under the direction of, and to be ac- RELATIONS SERVICE telecommunications and technical investiga- counted for solely under the certificate of, For necessary expenses of the Community tive equipment and not to exceed $1,000,000 the Attorney General; expenses for conduct- Relations Service, established by title X of for undercover operations shall remain avail- ing drug education and training programs, the Civil Rights Act of 1964, $5,319,000 and, in able until September 30, 1999; of which not including travel and related expenses for addition, up to $2,000,000 of funds made avail- less than $147,081,000 shall be for participants in such programs and the dis- able to the Department of Justice in this Act counterterrorism investigations, foreign tribution of items of token value that pro- may be transferred by the Attorney General counterintelligence, and other activities remote the goals of such programs; purchase of to this account: Provided, That notwith- lated to our national security; of which not not to exceed 1,602 passenger motor vehicles, standing any other provision of law, upon a to exceed $98,400,000 shall remain available of which 1,410 will be for replacement only, determination by the Attorney General that until expended; of which not to exceed for police-type use without regard to the emergent circumstances require additional $10,000,000 is authorized to be made available general purchase price limitation for the funding for conflict prevention and resolu- for making advances for expenses arising out current fiscal year; and acquisition, lease, tion activities of the Community Relations of contractual or reimbursable agreements maintenance, and operation of aircraft; Service, the Attorney General may transfer with State and local law enforcement agen- $814,463,000, of which not to exceed $1,800,000 such amounts to the Community Relations cies while engaged in cooperative activities for research and $15,000,000 for transfer to the Service, from available appropriations for related to violent crime, terrorism, orga- Drug Diversion Control Fee Account for op- the current fiscal year for the Department of nized crime, and drug investigations; and of erating expenses shall remain available until Justice, as may be necessary to respond to which $1,500,000 shall be available to main- expended, and of which not to exceed such circumstances: Provided further, That tain an independent program office dedicated $4,000,000 for purchase of evidence and pay- any transfer pursuant to the previous pro- solely to the relocation of the Criminal Jus- ments for information, not to exceed viso shall be treated as a reprogramming tice Information Services Division and the $10,000,000 for contracting for automated under section 605 of this Act and shall not be automation of fingerprint identification data processing and telecommunications available for obligation or expenditure ex- services: Provided, That not to exceed $45,000 equipment, and not to exceed $2,000,000 for cept in compliance with the procedures set shall be available for official reception and laboratory equipment, $4,000,000 for technical forth in that section. representation expenses: Provided further, equipment, and $2,000,000 for aircraft replacement retrofit and parts, shall remain avail- ASSETS FORFEITURE FUND That no funds in this Act may be used to able until September 30, 1999; and of which For expenses authorized by 28 U.S.C. provide ballistics imaging equipment to any State or local authority which has obtained not to exceed $50,000 shall be available for of- 524(c)(1)(A)(ii), (B), (F), and (G), as amended, ficial reception and representation expenses. $23,000,000, to be derived from the Depart- similar equipment through a Federal grant ment of Justice Assets Forfeiture Fund. or subsidy unless the State or local author- VIOLENT CRIME REDUCTION PROGRAMS ity agrees to return that equipment or to For activities authorized by sections 180104 RADIATION EXPOSURE COMPENSATION repay that grant or subsidy to the Federal and 190001(b) of the Violent Crime Control ADMINISTRATIVE EXPENSES Government. and Law Enforcement Act of 1994 (Public For necessary administrative expenses in VIOLENT CRIME REDUCTION PROGRAMS Law 103–322), as amended, and section 814 of accordance with the Radiation Exposure the Antiterrorism and Effective Death Pen- Compensation Act, $2,000,000. Further, for For activities authorized by the Violent Crime Control and Law Enforcement Act of alty Act of 1996 (Public Law 104–132), the foregoing purposes during fiscal year $310,037,000, to remain available until ex- 1999, $2,000,000. 1994 (Public Law 103–322), as amended (‘‘the 1994 Act’’), and the Antiterrorism and Effec- pended, which shall be derived from the Vio- PAYMENT TO RADIATION EXPOSURE tive Death Penalty Act of 1996 (‘‘the lent Crime Reduction Trust Fund. COMPENSATION TRUST FUND Antiterrorism Act’’), $179,121,000, to remain CONSTRUCTION For payments to the Radiation Exposure available until expended, which shall be de- For necessary expenses to construct or ac- Compensation Trust Fund, $4,381,000. Fur- rived from the Violent Crime Reduction quire buildings and sites by purchase, or as ther, for the foregoing purposes during fiscal Trust Fund; of which $102,127,000 shall be for otherwise authorized by law (including year 1999, $29,000,000. activities authorized by section 190001(c) of equipment for such buildings); conversion INTERAGENCY LAW ENFORCEMENT the 1994 Act and section 811 of the and extension of federally-owned buildings; INTERAGENCY CRIME AND DRUG ENFORCEMENT Antiterrorism Act; $57,994,000 shall be for ac- and preliminary planning and design of For necessary expenses for the detection, tivities authorized by section 190001(b) of the projects; $5,500,000, to remain available until investigation, and prosecution of individuals 1994 Act; $4,000,000 shall be for training and expended. H7800 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Mr. ROGERS (during the reading). they were counting on handouts from what we are asking for is the same Mr. Chairman, I ask unanimous con- the Federal Government, when they thing that the Philippine government sent that the bill through page 18, line were counting on the United States has petitioned the Northern Marianas 10, be considered as read, printed in the government here in Washington, D.C. for these people, that they not be put RECORD, and open to amendment at to provide them subsidies, the standard into forced sex, young girls not be re- any time. of living of everyone in those islands quired to dance in bar clubs, and they The CHAIRMAN. Is there objection was going downhill. not be put into prostitution, because to the request of the gentleman from Today, when they have developed a that is going on today. Kentucky? new strategy for the development of I appreciate what the gentleman is There was no objection. their little islands, the standard of liv- saying, except there is no independent The CHAIRMAN. Are there amending of their island people is going up. validation of what the gentleman is ments to that portion of the bill And of course, it is argued, my good- saying with respect to the workers. through page 18, line 10? ness, they have all of these guest work- Every independent group that has PARLIAMENTARY INQUIRY ers who are working in terrible situa- looked at this has found it to be just Mr. ROHRABACHER. Parliamentary tions, they are getting less than the the opposite currently going on in the inquiry, Mr. Chairman. minimum wage in the United States, et Northern Marianas. The CHAIRMAN. The gentleman will cetera. Mr. ROHRABACHER. Mr. Chairman, state his parliamentary inquiry. However, even those individuals, by no decent American or anyone else is Mr. ROHRABACHER. Mr. Chairman, and large the vast majority of those in- going to turn the other way as young is all the debate passed for the time pe- dividuals, perhaps 90 percent of those girls or any young person is exploited riod that will be available to discuss individuals are living better than they and a contract is not honored, or somewhat the gentleman from California would if they would not have jobs. one is being forced into a life style like [Mr. MILLER] had been proposing? That is why they came to the Northern the gentleman is suggesting. The CHAIRMAN. Would the gen- Marianas. But what I am saying here is the rea- tleman from California [Mr. My good friend, the gentleman from son the Northern Marianas have been ROHRABACHER] restate his point of in- California [Mr. GEORGE MILLER], I do targeted, unlike New York City, which quiry? not know if he would prefer to have we have heard about just from our last Mr. ROHRABACHER. On the Miller these people unemployed in the Phil- speaker before I got up, is because the amendment, is all time passed when ippines or unemployed in the various Northern Marianas, unlike other island anyone can debate the subject matter countries they come from, or if he possessions, are taking a free enter- of the amendment offered by the gen- would rather have them working and prise approach to development. It is in- tleman from California [Mr. MILLER]? going back after 2 years with several creasing the standard of living of their The CHAIRMAN. There was no de- thousand dollars in their pockets. people. Even the guest workers are bet- bate. The gentleman did not offer the Mr. Chairman, I have as much objec- ter off than if they had no job at all. amendment. tion as my good friend, the gentleman The CHAIRMAN. The time of the Mr. ROHRABACHER. At this point, from California [Mr. MILLER] does to gentleman from California [Mr. before we move on to another subject, people who break their contracts with ROHRABACHER] has expired. is it permissible for this gentleman to guest workers. That was a problem in (On request of Mr. HALL of Texas, and strike the last word? the Northern Marianas. That is no by unanimous consent, Mr. The CHAIRMAN. It certainly is. longer a major problem, because the ROHRABACHER was allowed to proceed Mr. ROHRABACHER. Mr. Chairman, people and the government of the for 2 additional minutes.) I move to strike the last word. Northern Marianas have committed Mr. HALL of Texas. Mr. Chairman, Mr. Chairman, I will not take the en- themselves to solving that problem, will the gentleman yield? tire 5 minutes. Let me just note, there and preventing the poorest of the poor Mr. ROHRABACHER. I yield to the is a philosophical difference between people who come in as guest workers gentleman from Texas. some of the people who have been ex- from being exploited to the point that b 1945 pressing what I would consider the their contracts are not being honored. worst possible picture, painting the I went there. I talked to many, many Mr. HALL of Texas. Mr. Chairman, I worst possible picture of the Northern guest workers. I went to various fac- do not always agree with the gen- Marianas Islands, and those of us who tories. I talked also to the law enforce- tleman from California [Mr. MILLER] look at the Northern Marianas Islands ment agencies that are there, who said on issues, but I have high regard and and compare them to other such areas yes, there was a problem 5 years ago, high respect for him. We seem to be in of the world and see a totally different but now we are forcing these employers agreement today that more resources picture. to honor their contracts. Thus, these and efforts have got to be committed Yes, if we painted a picture of the contract laborers are living better than to the law enforcement in the Com- United States as a developing country they would if they were stuck in China monwealth of Northern Mariana Is- 25 or let us say 50 to 75 years ago, peo- or the Philippines. lands. ple would say the United States is a I will tell the Members, the people of It is my strong recommendation that horrible place as compared to the Unit- the Northern Marianas, their standard additional funds be transferred to the ed States today. But the fact is that of living is going up, not down. That is appropriate category for use in adding the United States as compared to other compared to all these other island pos- an additional Assistant District Attor- countries in the world 75 years ago was sessions of the United States which are ney. That is what they tell me they a pretty good place. The Northern Mar- relying on handouts from the American need. Going over there and staying 4 or iana Islands as compared to other areas people, and those island economies are 5 days does not make me an authority. of similar development, other islands, on the way down. So the Northern Mar- I did not find the things that have especially even island territories of the ianas has found something successful. been related here. But I know the gen- United States of America, is a pretty Mr. MILLER of California. Mr. Chair- tleman from California [Mr. MILLER] is good place. They have had a great deal man, will the gentleman yield? an honorable man who knows how to of reform, free enterprise reform, in the Mr. ROHRABACHER. I yield to the detect these things. I hope he will go last 5 years that has totally turned gentleman from California. with the gentleman from Alaska [Mr. around their economy. Mr. MILLER of California. Mr. Chair- YOUNG] early next year. I realize that there are people on the man, I appreciate the gentleman yield- As I understand, the committee of ju- other side of the aisle who believe that ing. We do not want to belabor the risdiction should be the Committee on government should regulate economic point. The chairman wants to move on. Resources. It is my understanding that activity to improve the standard of liv- Hopefully we will have other opportu- the gentleman from Alaska [Mr. ing of the people of a given area. I do nities to debate this. YOUNG] is going to lead a delegation not think that works. What has hap- The gentleman mentioned people there in January. I strongly suggest pened in the Northern Marianas, when from the Philippines. Let me just say, that the gentleman from California September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7801

[Mr. MILLER], who is a member of that cant numbers of incarcerated criminal available to the Immigration and Natu- committee, join the chairman in that aliens would greatly benefit if they ralization Service shall be available to pay group. were given similar latitude in the use any employee overtime pay in an amount in Hopefully, he will be persuaded, as I of their VOI grant award funds. excess of $30,000 during the calendar year beginning January 1, 1998: Provided further, was, that there are many, many more In conference, I urge the gentleman That uniforms may be purchased without re- people that are much better off because from Kentucky [Mr. ROGERS], the gard to the general purchase price limitation of the fact that they get an oppor- chairman, to work for the House- for the current fiscal year: Provided further, tunity to leave the poverty of the Phil- passed level of $600 million. However, if That not to exceed $5,000 shall be available ippines and part of China and part of during negotiations that level is re- for official reception and representation ex- other areas, come there and work 2 duced, would the chairman be willing penses: Provided further, That none of the years, go back very wealthy. And they to work with us to provide some addi- funds provided in this or any other Act shall have long lines to do that. And, of tional flexibilities to States like ours be used for the continued operation of the San Clemente and Temecula checkpoints un- course, it is not perfect. with high criminal alien incarceration less the checkpoints are open and traffic is If there are any of the things that the populations in the use of their VOI being checked on a continuous 24-hour basis: gentleman from California [Mr. MIL- grant award funds? Provided further, That not to exceed 32 per- LER] has related going on there, none of Mr. ROGERS. Mr. Chairman, will the manent positions and 32 full-time equivalent us on this floor condone it. We just gentleman yield? workyears and $3,101,000 shall be expended need to get the hard, cold facts out on Mr. BRADY. I yield to the gentleman for the Office of Legislative Affairs and Pub- the floor. from Kentucky. lic Affairs: Provided further, That the latter Mr. ROHRABACHER. Mr. Chairman, Mr. ROGERS. Mr. Chairman, I am two aforementioned offices shall not be aug- not only do we not condone it, I would mented by personnel details, temporary very sympathetic to the needs of Texas transfers of personnel on either a reimburs- applaud the gentleman from California and other States that have the highest able or non-reimbursable basis or any other [Mr. MILLER] that we should, as a coun- criminal alien incarceration popu- type of formal or informal transfer or reim- try, make sure that we take the steps lations and believe that the additional bursement of personnel or funds on either a necessary to stop that. $100 million the House provides for in temporary or long-term basis: Provided fur- But to condemn, basically to throw the program will alleviate most of the ther, That, during fiscal year 1998 and each the baby out with the bath water and problems that my colleagues are en- fiscal year thereafter, none of the funds ap- say this is part and parcel of this free- countering. propriated or otherwise made available to enterprise revolution that they have the Immigration and Naturalization Service I recognize the need for those af- may be used to accept, process, or forward to going on in the Northern Marianas is fected States to have greater flexibil- the Federal Bureau of Investigation any FD– just an inaccurate picturing of what is ity in using their staff reimburse- 258 fingerprint card, for the purpose of con- going on in the lives of most people in ments. If we are not able to provide ducting criminal background checks for any the Northern Marianas. them this additional funding, I will benefit under the Immigration and National- I met with a lot of the reformers work with my colleague and others to ity Act, which has been prepared by, or re- there from the churches who have been find a solution. ceived from, any individual or entity other active in trying to correct the prob- Mr. BRADY. I thank the gentleman than an office of the Immigration and Natu- lems that the gentleman from Califor- ralization Service or State or local law en- from Kentucky [Mr. ROGERS], the forcement agency and beginning on March 1, nia [Mr. MILLER] brought up, and they chairman, for his leadership and assist- 1998 and each fiscal year thereafter only an admitted to me that in the last 5 years ance. office of the Immigration and Naturalization things have gotten dramatically better The CHAIRMAN: Are there further Service may accept, process or forward FD– because the decent people of the North- amendments to the bill through page 258 fingerprint cards to the Federal Bureau ern Marianas, who, after all, in any 18, line 10? of Investigation for any of these applications area are decent people, have made a If not, the Clerk will read. which require an interview: Provided further, commitment to make those changes. The Clerk read as follows: That, during fiscal year 1998 and each fiscal Mr. BRADY. Mr. Chairman, I move year thereafter, none of the funds appro- IMMIGRATION AND NATURALIZATION SERVICE to strike the last word. priated or otherwise made available to the Mr. Chairman, I would like to enter SALARIES AND EXPENSES Immigration and Naturalization Service For expenses, not otherwise provided for, shall be used to complete adjudication of an into a brief colloquy with the distin- application for naturalization unless the Im- guished gentleman from Kentucky [Mr. necessary for the administration and enforcement of the laws relating to immigra- migration and Naturalization Service has re- ROGERS], chairman of the House Appro- tion, naturalization, and alien registration, ceived confirmation from the Federal Bureau priations Subcommittee on Commerce, including not to exceed $50,000 to meet un- of Investigation that a full criminal back- Justice, State, and Judiciary. foreseen emergencies of a confidential char- ground check has been completed, except for First, I want to thank the chairman acter, to be expended under the direction of, those exempted by regulation as of January for his work in providing $600 million and to be accounted for solely under the cer- 1, 1997: Provided further, That the number of in total funding for the Senate Crimi- tificate of, the Attorney General; purchase positions filled through non-career appoint- for police type use (not to exceed 2,904, of ment at the Immigration and Naturalization nal Alien Assistance Program. This is Service, for which funding is provided in this $100 million more than the Fiscal Year which 1,711 are for replacement only), without regard to the general purchase price lim- Act or is otherwise made available to the Im- 1997 level and the Fiscal Year 1998 level itation for the current fiscal year, and hire migration and Naturalization Service, shall requested by the President and re- of passenger motor vehicles; acquisition, not exceed four permanent positions and four cently passed by the Senate. lease, maintenance and operation of aircraft; full-time equivalent workyears: Provided fur- When this bill goes to conference, I research related to immigration enforce- ther, That notwithstanding any other provi- urge the gentleman from Kentucky ment; and for the care and housing of Fed- sion of law, during fiscal year 1998, the At- torney General is authorized and directed to [Mr. ROGERS] to fight for the House- eral detainees held in the joint Immigration and Naturalization Service and United impose disciplinary action, including termi- passed level. As the chairman is aware, nation of employment, pursuant to policies language was included in the 1997 Com- States Marshals Service’s Buffalo Detention Facility; $1,609,441,000; of which not to exceed and procedures applicable to employees of merce, Justice, State appropriations $400,000 for research shall remain available the Federal Bureau of Investigation, for any bill that allowed California to use its until expended; of which not to exceed employee of the Immigration and Natu- Violent Offender Incarceration and its $10,000,000 shall be available for costs associ- ralization Service who violates policies and Truth-In-Sentencing incentive grant ated with the training program for basic offi- procedures set forth by the Department of awards to offset the cost of incarcerat- cer training, and $5,000,000 is for payments or Justice relative to the granting of citizen- ing criminal aliens. Such language is advances arising out of contractual or reim- ship or who willfully deceives the Congress or Department Leadership on any matter. again included in the House commit- bursable agreements with State and local tee-passed fiscal year 1998 appropria- law enforcement agencies while engaged in f cooperative activities related to immigra- tions bill. AMENDMENT OFFERED BY MR. WEYGAND tion; and of which not to exceed $5,000,000 is Mr. WEYGAND. Mr. Chairman, I Mr. Chairman, I believe that Texas, to fund or reimburse other Federal agencies the State with the second largest for the costs associated with the care, main- offer an amendment. criminal alien incarceration popu- tenance, and repatriation of smuggled illegal The Clerk read as follows lation, and other States with signifi- aliens: Provided, That none of the funds Amendment offered by Mr. WEYGAND: H7802 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Page 20, line 10, strike ‘‘during fiscal year provide DFS services to the INS, it pro- posedly, which would then submit that 1998’’ and insert ‘‘beginning June 1, 1998’’. vides such things as classes in citizen- fingerprint to the INS, the FBI for Page 20, line 21, strike ‘‘March’’ and insert ship, English as a second language, job checking to see if someone did have a ‘‘June’’. training programs to many people who criminal record. Mr. WEYGAND. Mr. Chairman, I came here in the United States not Now, who did they get to take the would like to first of all begin by having any skills whatsoever, com- fingerprints? Let me just read my col- thanking the gentleman from West puter classes and translation classes. It leagues a couple of them here. This is Virginia [Mr. MOLLOHAN], our ranking is a community-based organization in L.A. and these are the people, now member, and the gentleman from Ken- which provides services for those try- bear in mind, that are submitting the tucky [Mr. ROGERS], chairman of the ing to assimilate into our country and proof as to whether or not one can be- committee, for their indulgence and to become active and fruitful partici- come an American citizen with all the their assistance and their advice on pants in the United States. rights and privileges thereunto and ap- this amendment. Before being certified as DFS’s, these pertaining. After a lot of discussions, Mr. Chair- services are required by regulation to They can go to Pookies’ Parcel Post man, I will eventually withdraw the undergo training and must adhere to and get their fingerprints made. How amendment. But what I would like to the strictest requirements to maintain about Harbour Liquors? How about talk about is the key part of my their status. Unfortunately, those that Freeman’s Hallmark Store. Or they amendment deals with the transition have been bad DFS’s in all parts of this with regard to designated could go to Fast Photo. I am not say- country have not been really overseen ing these are bad places. I am just say- fingerprinting services. Because of the quickly enough and fervently enough concerns over quality and veracity of ing I have got a question. New Land by the INS. Travel and Tours. Fred’s One Hour the prints being given to the INS for That is unfortunate, because there background checks at the FBI, this bill Photo. King Kong One Hour Photo. are some very good DFS’s and there They can go to Sam’s Electronics and halts the ability of INS to accept are some very bad. Unfortunately, we prints from various outside sources get their fingerprints made to check it are going to be throwing all of these out to see if they were a criminal sup- after March 1 of next year. DFS’s out as of October 1. I have In addition, though, the committee posedly. They can go to Quick Sale Re- talked to the chairman and to the very aptly put into the bill $22.3 mil- alty to get their fingerprints made. Or ranking member. I can fully under- lion to be spent on a new electronic how about J.L. Investment and Traffic stand their position. It is a very com- fingerprinting system which will scan School, Mr. Chairman? Or they might plex and difficult situation. But I the fingerprints of applicants and elec- go to Lindy’s Mexican Products or even would hope in the future we can look tronically transfer them to the FBI for go to Lulu’s Professional Services and background check, a very welcome and at valuable institutions like the Inter- get their fingerprints made. I will not needed addition to the INS and natu- national Institute as being a backup comment any further on that. ralization process, very important for a for the INS when in fact they need However, Mr. Chairman, I think all number of reasons. First of all, it them. of us can unanimously agree that the Mr. Chairman, I will withdraw my would be more accurate. Secondly, it process of fingerprint taking for the would be more speedy. amendment at this time and I would purpose of becoming an American citi- Our concern, though, Mr. Chairman ask that I would join with my col- zen has to be tightened up. And the bill was the transition between what is league, the gentleman from North does that. Our bill does away with presently in place right now to the new Carolina [Mr. WATT] in an amendment places like Pookies’ Parcel Post where system. Currently, the bill will man- that will provide some additional ex- we get our fingerprints made for Amer- date that INS will take over all of tension of the transition with regard to ican citizenship. those services as of March 1. In the in- the fingerprinting services. It is okay to go there for whatever Mr. Chairman, I ask unanimous con- terim, there will be a 5-month transi- one goes to Pookies’ Parcel Post for, sent to withdraw the amendment. tion in which State and local law en- except for fingerprints for American The CHAIRMAN. Is there objection forcement agencies will be able to pro- citizenship. We abolish that practice. to the request of the gentleman from vide these fingerprints to the INS. We make the INS do it in their shop or Rhode Island? But it will eliminate from this point a law enforcement agency in due forward any opportunity for DFS’s or There was no objection. Mr. ROGERS. Mr. Chairman, I move course in time. And we are giving them designated fingerprinting services, the money to get the fingerprint ma- which are nonprofit or for-profit agen- to strike the last word. I will not take the full time. However, since the gen- chine so this can be done in the proper cies to provide this service. And as the way under proper supervision. chairman has aptly pointed out, and tleman has brought up this subject, it requires me to say a couple of words Number two, as I have said before, we correctly so, there have been many make it a violation of the law anymore problems with many of the for-profit about the problem at INS. One of the problems at INS last year, in waiving the criminal check. Any- and even not-for-profit DFS’s. more it becomes law, not just policy of We have had a problem with people when we discovered that INS had the department in requiring a criminal being naturalized that should never granted naturalization of citizenship to check. It is not right for any agency of have been naturalized. But, quite a million-three, which is four times the the United States Government to be frankly, there have been some very annual historic amount, we then dis- good DFS’s that are providing valuable covered that they had waived the pol- authorized to grant American citizen- service to the INS. icy, the then policy of the department ship to someone who is a criminal, a In my district in Rhode Island, the on requiring an FBI criminal check be- felon, who has come to this country in INS branch office in Providence has fore a person becomes a citizen. We had violation of their laws, not to mention found no problems with the four facili- always done that in every case. ours, and become an American citizen. ties that provide these fingerprinting Last year, for whatever reason, be- I commend the gentleman for his services. In my State there are nine fore the election the administration concern about the issue, and we will be local law enforcement agencies that as- waived that, did not require it. Now we dealing with it in a subsequent amend- sist these 4 facilities. The three that have discovered tens of thousands of ment that is coming up shortly. are most used are the International In- people were naturalized who were fel- AMENDMENT OFFERED BY MR. WATT OF NORTH stitute, the Catholic Social Service, ons, criminals, walking the streets of CAROLINA and a community-based organization our country. We found out also that on Mr. WATT of North Carolina. Mr. called Progresso Latino. These have those that they did require a back- Chairman, I offer an amendment. been providing very good and impor- ground check, including a fingerprint, The Clerk read as follows: tant services to our people in our dis- that INS had contracted out the Amendment offered by Mr. WATT of North trict. fingerprinting process. So that one Carolina: An example, International Institute, could go to any one of 3,000 different Page 20, line 21, strike ‘‘March’’ and insert located in Providence, not only does it places to get fingerprints made, sup- ‘‘June’’. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7803 b 2000 uralization process since no applica- unallocated balances from fiscal year Mr. WATT of North Carolina. Mr. tions could be processed without fin- 1997 for police recruitment grants au- Chairman, I want to start by thanking gerprints. thorized in the 1994 crime bill. The pro- the chairman of the committee and the Mr. ROGERS. Mr. Chairman, will the gram was inspired by the efforts of St. ranking member for their cooperation gentleman yield? Paul’s Community Baptist Church in in getting to what I believe is an agree- Mr. WATT of North Carolina. I yield East New York. The purpose is to im- ment on this amendment. It is my un- to the gentleman from Kentucky. prove community policing by recruit- derstanding that they are prepared to Mr. ROGERS. Mr. Chairman, the gen- ing residents of inner-city neighbor- accept it. tleman’s amendment would give INS hoods to serve as police officers in Let me start by first of all agreeing until June 1, 1998 to transition to a their communities. with the chairman of the committee fingerprinting system that would re- Mr. ROGERS. Mr. Chairman, will the about what he just said. I do that be- quire most fingerprints be taken at gentleman yield? cause I sincerely do agree with him. INS offices, as we have discussed. I be- Mr. SCHUMER. I yield to the gen- What we need to put in context, how- lieve the amendment seeks to ensure tleman from Kentucky. ever, is that Pookies’ Parcel Post and an orderly transition, and I share that Mr. ROGERS. Mr. Chairman, the gen- Lulu’s and Anita’s are all private en- goal. We have met with INS about this tleman has consulted with us on this terprises in this country. This is one of as well. The INS will be ready to imple- amendment. We have examined it, be- those times when this notion that we ment the new system on June 1. They lieve it is meritorious, and are pre- should privatize everything that the will not be ready on March 1. In light pared to accept the amendment. Federal Government is doing basically of that, I am prepared to accept the The CHAIRMAN. The question is on went awry. This program, the DFS pro- amendment and would urge its adop- the amendment offered by the gen- gram, has been in existence for 15 tion. tleman from New York [Mr. SCHUMER]. years. It was put in during the Reagan Mr. WATT of North Carolina. I thank The amendment was agreed to. administration. And now what we have the gentleman for accepting the The CHAIRMAN. The Clerk will read. found is that there are certain things amendment. The Clerk read as follows: that private enterprise cannot do as Mr. WEYGAND. Mr. Chairman, I VIOLENT CRIME REDUCTION PROGRAMS well as the Federal Government. move to strike the last word. I want to For activities authorized by sections So on that, I have to agree with the compliment the gentleman from North 130002, 130005, 130006, 130007, and 190001(b) of chairman of the committee. It prob- Carolina [Mr. WATT]. I think the the Violent Crime Control and Law Enforce- ably never should have been done in amendment is really necessary. In ment Act of 1994 (Public Law 103–322), as amended, and section 813 of the the first place. This is too serious a light of what the chairman just said, Antiterrorism and Effective Death Penalty proposition to give out to just any- the extension is really necessary for Act of 1996 (Public Law 104–132), $690,957,000, body. Now, maybe there are some pri- INS to make that transition. It also to remain available until expended, which vate enterprises out there who can do gives us 3 more months to evaluate will be derived from the Violent Crime Re- it, but we certainly should not have how they are doing and, if necessary, duction Trust Fund. just done it carte blanche. even come back and look at that again. CONSTRUCTION My amendment does not address that I wholeheartedly support it, and I join For planning, construction, renovation, issue. It addresses another issue. Be- him in cosponsoring this amendment. equipping, and maintenance of buildings and ginning March 1 of 1998, applicants for The CHAIRMAN. The question is on facilities necessary for the administration benefits which require an INS inter- the amendment offered by the gen- and enforcement of the laws relating to im- view, such as naturalization, will be re- tleman from North Carolina [Mr. migration, naturalization, and alien reg- quired to have their fingerprints taken istration, not otherwise provided for, WATT]. $70,959,000, to remain available until ex- at the INS. No other fingerprints will The amendment was agreed to. pended. be accepted, not even those taken by AMENDMENT OFFERED BY MR. SCHUMER FEDERAL PRISON SYSTEM State and local law enforcement agen- Mr. SCHUMER. Mr. Chairman, I ask SALARIES AND EXPENSES cies. The rationale for this change, as unanimous consent to offer an amend- the chairman has amply indicated, is For expenses necessary for the administra- ment that is on page 33 at this point. tion, operation, and maintenance of Federal that the INS intends to implement a The CHAIRMAN. Is there objection penal and correctional institutions, includ- new system where fingerprints will be to the request of the gentleman from ing purchase (not to exceed 834, of which 599 scanned electronically and transferred New York? are for replacement only) and hire of law en- directly to the FBI for processing. There was no objection. forcement and passenger motor vehicles, and I support this change in the The CHAIRMAN. The Clerk will re- for the provision of technical assistance and fingerprinting process. I believe the port the amendment. advice on corrections related issues to foreign governments, $2,869,642,000: Provided, INS should use technology more effec- The Clerk read as follows: tively and believe the system proposed That the Attorney General may transfer to Amendment offered by Mr. SCHUMER: will be more efficient than current the Health Resources and Services Adminis- Page 33, line 20, strike ‘‘$35,000,000’’ and all tration such amounts as may be necessary ones, and the current system is the that follows through the comma on line 21 for direct expenditures by that Administra- DFS system, which the chairman has and insert the following; ‘‘$34,000,000 shall be tion for medical relief for inmates of Federal just talked about. used for a law enforcement technology pro- penal and correctional institutions: Provided Because of the problems associated gram, ‘‘$1,000,000 shall be used for police re- further, That the Director of the Federal with DFS’s, my amendment does not cruitment programs authorized under sub- Prison System (FPS), where necessary, may extend the DFS program; however, it title H of title III of the 1994 Act,’’. enter into contracts with a fiscal agent/fiscal would extend the March 1, 1998 deadline Mr. SCHUMER (during the reading). intermediary claims processor to determine to give the INS adequate time to tran- Mr. Chairman, I ask unanimous con- the amounts payable to persons who, on be- sition to an electronic fingerprinting sent that the amendment be considered half of the FPS, furnish health services to individuals committed to the custody of the as read and printed in the RECORD. system. What we would do is move that FPS: Provided further, That uniforms may be deadline from March 1 of 1998 back to The CHAIRMAN. Is there objection purchased without regard to the general pur- June 1 of 1998. to the request of the gentleman from chase price limitation for the current fiscal The INS has not purchased all of the New York? year: Provided further, That not to exceed equipment yet. There is a concern that There was no objection. $6,000 shall be available for official reception it will not be able to implement the Mr. SCHUMER. Mr. Chairman, I first and representation expenses: Provided fur- new system fully before the March 1 want to thank the gentleman from ther, That not to exceed $90,000,000 for the ac- deadline. If this deadline stays in Kentucky and the gentleman from tivation of new facilities shall remain avail- place, and the INS does not shift to an West Virginia not only for helping put able until September 30, 1999: Provided further, That of the amounts provided for Con- electronic system, the net result would this amendment together, but allowing tract Confinement, not to exceed $20,000,000 be a tremendous fingerprinting back- this unanimous-consent request. It is a shall remain available until expended to log, and that backlog would translate simple and noncontroversial amend- make payments in advance for grants, con- into a de facto moratorium on the nat- ment. It would dedicate $1 million of tracts and reimbursable agreements, and H7804 CONGRESSIONAL RECORD — HOUSE September 24, 1997 other expenses authorized by section 501(c) of OFFICE OF JUSTICE PROGRAMS That $20,000,000 of this amount shall be for the Refugee Education Assistance Act of JUSTICE ASSISTANCE Boys and Girls Clubs in public housing facili- 1980, as amended, for the care and security in ties and other areas in cooperation with For grants, contracts, cooperative agree- the United States of Cuban and Haitian en- State and local law enforcement: Provided ments, and other assistance authorized by trants: Provided further, That notwithstand- further, That funds may also be used to de- title I of the Omnibus Crime Control and ing section 4(d) of the Service Contract Act fray the costs of indemnification insurance Safe Streets Act of 1968, as amended, and the of 1965 (41 U.S.C. 353(d)), FPS may enter into for law enforcement officers; of which Missing Children’s Assistance Act, as amend- contracts and other agreements with private $45,000,000 shall be for grants to upgrade ed, including salaries and expenses in con- entities for periods of not to exceed 3 years criminal records, as authorized by section nection therewith, and with the Victims of and 7 additional option years for the confine- 106(b) of the Brady Handgun Violence Pre- Crime Act of 1984, as amended, and sections ment of Federal prisoners. vention Act of 1993, as amended, and section 819 and 821 of the Antiterrorism and Effec- 4(b) of the National Child Protection Act of VIOLENT CRIME REDUCTION PROGRAMS tive Death Penalty Act of 1996, $162,500,000, 1993; of which $13,500,000 shall be available as For substance abuse treatment in Federal to remain available until expended, as au- authorized by section 1001 of title I of the prisons as authorized by section 32001(e) of thorized by section 1001 of title I of the Om- 1968 Act, to carry out the provisions of sub- the Violent Crime Control and Law Enforce- nibus Crime Control and Safe Streets Act, as part 1, part E of title I of the 1968 Act not- ment Act of 1994 (Public Law 103–322), as amended by Public Law 102–534 (106 Stat. withstanding section 511 of said Act, for the amended, $26,135,000, to remain available 3524); of which $25,000,000 is for the National Edward Byrne Memorial State and Local until expended, which shall be derived from Sexual Offender Registry. Law Enforcement Assistance Programs; of the Violent Crime Reduction Trust Fund. STATE AND LOCAL LAW ENFORCEMENT which $420,000,000 shall be for the State BUILDINGS AND FACILITIES ASSISTANCE Criminal Alien Assistance Program, as au- For planning, acquisition of sites and con- For grants, contracts, cooperative agree- thorized by section 242(j) of the Immigration struction of new facilities; leasing the Okla- ments, and other assistance authorized by and Nationality Act, as amended; of which homa City Airport Trust Facility; purchase part E of title I of the Omnibus Crime Con- $722,500,000 shall be for Violent Offender In- and acquisition of facilities and remodeling, trol and Safe Streets Act of 1968, as amend- carceration and Truth in Sentencing Incen- and equipping of such facilities for penal and ed, for State and Local Narcotics Control tive Grants pursuant to subtitle A of title II correctional use, including all necessary ex- and Justice Assistance Improvements, not- of the 1994 Act, of which $180,000,000 shall be penses incident thereto, by contract or force withstanding the provisions of section 511 of available for payments to States for incar- account; and constructing, remodeling, and said Act, $538,000,000, to remain available ceration of criminal aliens, and of which equipping necessary buildings and facilities until expended, as authorized by section 1001 $25,000,000 shall be available for the Coopera- at existing penal and correctional institu- of title I of said Act, as amended by Public tive Agreement Program: Provided further, tions, including all necessary expenses inci- Law 102–534 (106 Stat. 3524), of which That funds made available for Violent Of- dent thereto, by contract or force account; $46,500,000 shall be available to carry out the fender Incarceration and Truth in Sentenc- ing Incentive Grants to the State of Califor- $255,133,000, to remain available until ex- provisions of chapter A of subpart 2 of part E nia may, at the discretion of the recipient, pended, of which not to exceed $14,074,000 of title I of said Act, for discretionary grants be used for payments for the incarceration of shall be available to construct areas for in- under the Edward Byrne Memorial State and criminal aliens; of which $7,000,000 shall be mate work programs: Provided, That labor of Local Law Enforcement Assistance Pro- for the Court Appointed Special Advocate United States prisoners may be used for grams. work performed under this appropriation: Program, as authorized by section 218 of the Provided further, That not to exceed 10 per- Mr. ROGERS (during the reading). 1990 Act; of which $2,000,000 shall be for Child cent of the funds appropriated to ‘‘Buildings Mr. Chairman, I ask unanimous con- Abuse Training Programs for Judicial Per- and Facilities’’ in this Act or any other Act sent that the text of the bill through sonnel and Practitioners, as authorized by may be transferred to ‘‘Salaries and Ex- page 27, line 16, be considered as read, section 224 of the 1990 Act; of which $160,000,000 shall be for Grants to Combat Vi- penses’’, Federal Prison System, upon notifi- printed in the RECORD, and open to olence Against Women, to States, units of cation by the Attorney General to the Com- amendment at any point. mittees on Appropriations of the House of local government, and Indian tribal govern- The CHAIRMAN. Is there objection ments, as authorized by section 1001(a)(18) of Representatives and the Senate in compli- to the request of the gentleman from ance with provisions set forth in section 605 the 1968 Act: Provided further, That, of these of this Act: Provided further, That, of the Kentucky? funds, $7,000,000 shall be provided to the Na- total amount appropriated, not to exceed There was no objection. tional Institute of Justice for research and $2,300,000 shall be available for the renova- The CHAIRMAN. Are there amend- evaluation of violence against women and tion and construction of United States Mar- ments to that portion of the bill? $853,000 shall be provided to the Office of the shals Service prisoner-holding facilities. If not, the Clerk will read. United States Attorney for the District of Columbia for domestic violence programs in FEDERAL PRISON INDUSTRIES, INCORPORATED The Clerk read as follows: D.C. Superior Court; of which $115,750,000 The Federal Prison Industries, Incor- VIOLENT CRIME REDUCTION PROGRAMS, STATE shall be for Grants to Encourage Arrest Poli- porated, is hereby authorized to make such AND LOCAL LAW ENFORCEMENT ASSISTANCE cies to States, units of local government, expenditures, within the limits of funds and For assistance (including amounts for ad- and Indian tribal governments, as authorized borrowing authority available, and in accord ministrative costs for management and ad- by section 1001(a)(19) of the 1968 Act, includ- with the law, and to make such contracts ministration, which amounts shall be trans- ing $56,750,000 which shall be used exclusively and commitments, without regard to fiscal ferred to and merged with the ‘‘Justice As- for the purpose of strengthening civil and year limitations as provided by section 9104 sistance’’ account) authorized by the Violent criminal legal assistance programs for vic- of title 31, United States Code, as may be Crime Control and Law Enforcement Act of tims of domestic violence; of which necessary in carrying out the program set 1994 (Public Law 103–322), as amended (‘‘the $15,000,000 shall be for Rural Domestic Vio- forth in the budget for the current fiscal 1994 Act’’); the Omnibus Crime Control and lence and Child Abuse Enforcement Assist- year for such corporation, including pur- Safe Streets Act of 1968, as amended (‘‘the ance Grants, as authorized by section 40295 of chase of (not to exceed five for replacement 1968 Act’’); and the Victims of Child Abuse the 1994 Act; of which $2,000,000 shall be for only) and hire of passenger motor vehicles. Act of 1990, as amended (‘‘the 1990 Act’’); training programs to assist probation and LIMITATION ON ADMINISTRATIVE EXPENSES, $2,437,150,000, to remain available until ex- parole officers who work with released sex FEDERAL PRISON INDUSTRIES, INCORPORATED pended, which shall be derived from the Vio- offenders, as authorized by section 40152(c) of Not to exceed $3,490,000 of the funds of the lent Crime Reduction Trust Fund; of which the 1994 Act; of which $1,000,000 shall be for corporation shall be available for its admin- $523,000,000 shall be for Local Law Enforce- grants for televised testimony, as authorized istrative expenses, and for services as au- ment Block Grants, pursuant to H.R. 728 as by section 1001(a)(7) of the 1968 Act; of which thorized by 5 U.S.C. 3109, to be computed on passed by the House of Representatives on $2,750,000 shall be for national stalker and an accrual basis to be determined in accord- February 14, 1995, except that for purposes of domestic violence reduction, as authorized ance with the corporation’s current pre- this Act, the Commonwealth of Puerto Rico by section 40603 of the 1994 Act; of which scribed accounting system, and such shall be considered a ‘‘unit of local govern- $63,000,000 shall be for grants for residential amounts shall be exclusive of depreciation, ment’’ as well as a ‘‘State’’, for the purposes substance abuse treatment for State pris- payment of claims, and expenditures which set forth in paragraphs (A), (B), (D), (F), and oners, as authorized by section 1001(a)(17) of the said accounting system requires to be (I) of section 101(a)(2) of H.R. 728 and for es- the 1968 Act; of which $10,000,000 shall be for capitalized or charged to cost of commod- tablishing crime prevention programs in- grants to States and units of local govern- ities acquired or produced, including selling volving cooperation between community ment for projects to improve DNA analysis, and shipping expenses, and expenses in con- residents and law enforcement personnel in as authorized by section 1001(a)(22) of the nection with acquisition, construction, oper- order to control, detect, or investigate crime 1968 Act; of which $900,000 shall be for the ation, maintenance, improvement, protec- or the prosecution of criminals: Provided, Missing Alzheimer’s Disease Patient Alert tion, or disposition of facilities and other That no funds provided under this heading Program, as authorized by section 240001(c) property belonging to the corporation or in may be used as matching funds for any other of the 1994 Act; of which $750,000 shall be for which it has an interest. Federal grant program: Provided further, Motor Vehicle Theft Prevention Programs, September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7805 as authorized by section 220002(h) of the 1994 State were to triple the average time ceration rate actually exceeds 3,000 per Act; of which $30,000,000 shall be for Drug served so that everyone serves 10 years 100,000. So it is not a question of put- Courts, as authorized by title V of the 1994 and were able to triple their prison ting too few people in jail, and this Act; of which $1,000,000 shall be for Law En- budget, the worst criminals would still amendment does not suggest that we forcement Family Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; serve exactly what they serve today, incarcerate any less than we already of which $300,000,000 shall be for Juvenile Ac- the 10 years, and the taxpayer will do. It just says that if you are going to countability Block Grants to become avail- have been bilked of billions of dollars. spend new money, we ought to use the able only upon enactment of an authoriza- Mr. Chairman, furthermore the money to encourage States to adopt tion for this program; and of which $2,000,000 States are already spending tens of bil- crime reduction strategies which have shall be for public awareness programs ad- lions of dollars on prison construction. been actually shown to reduce crime. dressing marketing scams aimed at senior The Federal money, less than half a The CHAIRMAN. The time of the citizens, as authorized by section 250005(3) of billion dollars, cannot possibly make gentleman from Virginia [Mr. SCOTT] the 1994 Act: Provided further, That funds any measurable difference either in the made available in fiscal year 1998 under sub- has expired. part 1 of part E of title I of the 1968 Act may number of prison beds to be built or in (By unanimous consent, Mr. SCOTT be obligated for programs to assist States in the reduction in crime. But if that was allowed to proceed for 1 additional the litigation processing of death penalty money is spent in prevention, we can minute.) Federal habeas corpus petitions and for drug make a difference. Mr. SCOTT. Mr. Chairman, the half testing initiatives: Provided further, That if a This amendment assures that at billion dollars in truth-in-sentencing unit of local government uses any of the least some of the money will be used to prison funding will not have a measur- funds made available under this title to in- encourage States to adopt crime reduc- able effect in the crime rate because crease the number of law enforcement offi- tion approaches that actually will re- cers, the unit of local government will States are already spending tens of bil- achieve a net gain in the number of law en- duce crime. Of the approximately $250 lions of dollars in prison construction, forcement officers who perform nonadminis- million, $80 million would go to in- but this amendment will make the trative public safety service. creasing funds for building and running huge increases in proven crime preven- AMENDMENT NO. 53 OFFERED BY MR. SCOTT boys’ and girls’ clubs in public housing tion initiatives possible. I urge my col- Mr. SCOTT. Mr. Chairman, I offer an and other sites for at-risk youth. Boys’ leagues to support this amendment to amendment. and girls’ clubs have been shown ensure that at least half of the money The CHAIRMAN. The Clerk will des- through study and research to be cost- slated to be wasted on a few new prison ignate the amendment. effective ways of reducing crime for beds will be redirected to productive The text of the amendment is as fol- both at-risk youth when they are use in actually reducing crime. lows: young and when they become adults. Mr. ROGERS. Mr. Chairman, I rise in Amendment No. 53 offered by Mr. SCOTT: Another $40 million would go to opposition to the amendment. Page 29, line 10, insert after the amount grants to combat violence against Mr. Chairman, this would take ‘‘(reduced by $258,750,000)’’ and insert as fol- women. $13 million would go to court- $258,750,000 from the State prison grant, lows: page 28, line 17, after the amount insert appointed special advocates to help cutting in half the resources to build ‘‘(increased by $80,000,000)’’; page 29, line 20, troubled youth in the criminal justice and expand much needed prison space. after the amount insert ‘‘(increased by system, and $8 million for the child $13,000,000)’’ and on line 22, after the amount The gentleman’s amendment is an at- insert ‘‘(increased by $8,000,000)’’ and on line abuse training programs funded in the tack on an important crime policy that 25 after the amount insert ‘‘(increased by bill. All of those are aimed at child has been passed by the Congress, the $40,000,000)’’; page 31, line 1, after the amount abuse reduction. It is well documented policy that requires persons who com- insert ‘‘(increased by $37,000,000)’’ and on line that reducing family violence and child mit crimes be held accountable by 21 after the amount insert ‘‘(increased by abuse will reduce crime. serving prison time that fits the crime. $76,750,000)’’ and on line 13 after the amount The amendment also provides $37 The gentleman has offered amend- insert ‘‘(increase by $4,000,000)’’. million for residential drug treatment ments the last 2 years that would do Mr. SCOTT. Mr. Chairman, this for prisoners before they are released nothing more than undo this policy. amendment would transfer one half of and approximately $75 million for drug The point he is trying to make is that the funds in the truth-in-sentencing courts. Both prison drug treatment and prisons do not work. prison grant program, approximately drug courts have been shown to signifi- b $250 million, to crime prevention, drug cantly reduce crime. The drug court 2015 treatment and family resource service program has been studied and com- But his attempts have failed because programs that are inadequately funded pared to other persons who are sent to it is recognized that crime is reduced in the bill. jail, and a year after completion of ei- when violent criminals stay locked up Mr. Chairman, the so-called truth-in- ther the drug court or the prison sen- and off the streets. We are seeing the sentencing approach to crime reduc- tence, they have found that those com- fruits of that policy today as crime tion is actually half-truth-in-sentenc- pleting the drug court program had an rates are dropping, as more criminals ing. The proponents will tell you that 11 percent recidivism rate, while those are locked up. no one gets out early. That is the half who were sent to prison had a 68-per- Before Congress passed the Violent truth. The whole truth is that no one is cent recidivism rate. Moreover, those Offender Truth In Sentencing law, vio- held longer either. When States adopt completing the drug court program had lent offenders were serving only about truth-in-sentencing schemes, the first a cost of about $1,000, while those com- 43 percent of their sentences. That thing they do is to reduce the length of pleting prison were in prison at a cost means in 1994, murderers with an aver- the total sentence and then direct that of $15,000 to $30,000. These funds would age sentence of 16 years were released the defendant serve all of the reduced therefore not only reduce crime, but after serving only 71⁄2 years. Rapists sentence. also save money. sentenced to 9 years were released after I am not aware of any State that has The amendment also adds $4 million just 5. been able to afford to abolish parole to the fund which supports law enforce- This program is the only source of without reducing the time served by ment families. funding to help the States build pris- the worst criminals. For example, Mr. Mr. Chairman, we do not have a prob- ons. Last year 48 States received fund- Chairman, in a 10-year sentence with lem putting people in jail in this coun- ing through this program. With this parole, the average defendant will try. The United States trades places money States built prisons, jails, juve- serve about 31⁄2 years. The lowest risk with Russia year to year as the world’s nile facilities, and developed tougher prisoners will get out as early as 2 greatest incarcerator. This year Russia sentencing policies, policies that as- years. But the worst criminals will is ahead with 690 prisoners per 100,000, sure offenders serve at least 85 percent serve all 10 years. With truth-in-sen- and the United States is a close second of the sentence they receive. They de- tencing, everyone will serve the exact at 600 per 100,000, whereas the inter- serve the support of Congress to insure same average 31⁄2 years. The less dan- national average is only about 100 pris- that adequate bed space is available to gerous will serve more time; the most oners per 100,000 population. In some of maintain those kinds of policies. An es- dangerous will serve less time. If the our inner-city communities, the incar- timated 9,000 new prison beds will be H7806 CONGRESSIONAL RECORD — HOUSE September 24, 1997 built with last year’s prison funding, grams probably could be consolidated, put away for long periods of time. They and we can expect 9,600 more offenders but I support many of them. I think should be put away. They are really to be taken off the streets of our coun- they are very good and fine. But to worst of the worst, should have the key try as a result. take away over half the money or at thrown away, they should be locked in While the gentleman’s amendment least half the money in the truth in prison and just throw that key away. would increase funding for other im- sentencing prison program to add to That is the objective. portant crime programs, this bill al- this $4 billion that we are already Now again nobody is going to argue ready provides substantial increases spending on prevention just does not that we should not have some of these for the programs that he has men- make any sense. programs that the gentleman from Vir- tioned. For example, we already pro- The truth in sentencing grant pro- ginia wants to shift this money to. We vide a $109 million increase for Vio- gram was established in 1995. It has already do have those programs. We lence Against Women Act programs. worked well since that time. What it should adequately fund those pro- That is $57 million more than the has done, and what came through the grams. But we should not do so at the President asked us and a 44-percent in- committee I serve on as chairman of expense of a program designed to pro- crease over current year. We already the Subcommittee on Crime and mem- tect the American public from the very more than double the State prison drug ber of the Committee on the Judiciary, worst violent criminals in this coun- treatment program by fully funding what it is designed to do is to provide try, from those of the repeat violent the President’s request of $63 million. incentives to States to take the most felons. We need to have violent felons He would also earmark an additional violent repeat offenders and lock them serving at least 85 percent of their sen- $80 million of funds from the local law up for at least 85 percent of their sentences so that when some judge gives enforcement block grant for Boys and tences. the sentence that says they are going Girls Clubs, which the bill already pro- As we began years ago talking about to get 20 years, they are going to serve vides a $20 million boost for. This this, prisoners who committed these almost 20 years or very close to it, not would take away much needed funds violent crimes were only serving about out in a couple, 3 years as has been all from the block grant for locally driven a third of their sentences, then we got too often the case. If somebody gets 40 crime priorities such as law enforce- up to about 40 percent. Now, thanks to years in prison, they ought to be serv- ment personnel, overtime, technology the fact that we have these truth in ing pretty close to 40 years, 35 years or for our law enforcement people and sentencing grants, we will be giving something like that. They should not equipment, safety measures around money to States to build more prisons be back out on the street again when schools and drugs courts. if they will, in turn, agree to incarcer- they have served 8 or 10 years. The Mr. Chairman, crime is down across ate their violent prisoners or felons for American justice system will not work this country because we have provided at least 85 percent of their sentence. until that happens. a full arsenal of anticrime measures, We now have half the States who have So I urge the defeat of this amend- more police with the tools and equip- adopted this, and we have States on av- ment. We need to have the moneys ment they need, more prison space to erage throughout this country with going for the purposes they are in- make sure that criminals are held ac- violent prisoners serving at least 50 tended in the underlying bill and the countable for their crimes, and quality percent of their sentences. appropriations, the $500 million, to prevention programs designed to re- Now we need to get that up more. We build more prisons for those States duce risks. We cannot afford to lose the need to get more than 25 of the 50 that are willing to adopt the rule of ground that we have gained against States doing this. And if we put out the truth in sentencing that requires that crime in the last few years. $500 million in this bill that is there those who commit these violate crimes Last year, Mr. Chairman, on this today as an incentive to the States and serve at least 85 percent of their sen- amendment or one similar to it, 326 say, ‘‘Look,’’ to those other 25 States, tences and use other money to do the Members, a majority of both parties, ‘‘you can join with those 25 that have prevention programs. voted to support the State prison grant already adopted this policy and get Mr. WATT of North Carolina. Mr. program and to defeat the gentleman’s money to build more prisons as you Chairman, I move to strike the req- amendment which would have gutted need it,’’ I think more States will do uisite number of words. the program. Three hundred twenty-six that, and I think we will rise from half Mr. Chairman, I yield to the gen- Members voted ‘‘no’’ on this amend- the States, 25 up to 30, 40, maybe all 50 tleman from Virginia [Mr. SCOTT]. ment last year; I want to better that States who adopt the rule that says Mr. SCOTT. Mr. Chairman, I thank record at least by one. that if one commits a violent felony, the gentleman for yielding. I urge defeat of the gentleman’s especially if they are a repeat violent I would just like to point out that amendment. felon, they are going to serve at least one thing the proponents often leave Mr. MCCOLLUM. Mr. Chairman, I 85 percent of their sentence. out when they talk about 85 percent of move to strike the last word. Now why is that important? It is im- the time is that the time given is less. I rise to oppose this amendment portant because, first of all, violent fel- For example, in Virginia we abolished which I know that the gentleman from ons who go back out on the street parole and adopted the rhetoric of Virginia is offering in all good con- again are the ones committing most truth in sentencing. A 10-year sentence science. He and I served together on other violent felonies. The crime rate where some got out in a year and a the Committee on the Judiciary for a in many of our States, especially the half, some got out in 10 years, the aver- long time, and I know his views and I violent rate, is down, primarily be- age is 21⁄2, we doubled the average time know they are sincere. But as the cause these violent felons that are the served to 5 years. But the most heinous chairman of this committee has said so repeat ones are not getting back on the criminals, those that could never make eloquently, there is a lot of money in streets again to commit those crimes parole, were getting out in half the this bill already for prevention pro- again, so they are being incapacitated. time they would have served. They will grams, the specific ones the gentleman And in addition to that, by having serve all 5 years, which is half the time wants to shift money from the prison people serve pretty much their full sen- they would have been able to serve if truth in sentencing program to. tences, by having really truth in sen- they had been, if the parole board had But overall in the entire system for tencing across this Nation, we are been able to deny the parole to the delinquent and at-risk youth we have sending a deterrent message. We are most dangerous, most heinous crimi- over $4 billion, that is with a B, $4 bil- saying to the criminal population and nals. When one says 85 percent, one lion currently being spent, and even the would-be criminals, ‘‘You do the ought to say 85 percent of what, and more would be appropriated through crime, you do the time.’’ And it is a the cost of getting up to half where the this appropriations cycle. There are powerful message. Criminals do pay at- most dangerous criminals that get out over 120 individual programs for these tention to such things, and in many in half the time, Virginia is in the delinquent and at risk youths in 13 dif- cases they are deterred. But where process of spending $2 billion to do ferent agencies of the Federal Govern- they are not deterred, and of course that. This amount of money that we ment. I think that many of those pro- many are not unfortunately, they are are talking about nationally is less September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7807 than a billion dollars, much less than a is building public confidence and act- The CHAIRMAN. The Clerk will des- billion dollars. Virginia alone spent $2 ing as a deterrent, and this grant pro- ignate the amendment. billion, and the most dangerous crimi- gram to the States is working with The text of the amendment is as fol- nals will be getting out in half the them as well. It is not the time to re- lows: time. treat from this very important pro- Amendment No. 55 offered by Ms. WATERS: Mr. WATT of North Carolina. Mr. gram. One-half the States, as already Page 29, line 10, after the dollar amount, Chairman, reclaiming my time, I want has been pointed out, are participating insert ‘‘(decreased by $30,000,000)’’. in this program, receiving funding, Page 31, line 12, after the dollar amount, to commend my colleague from Vir- insert ‘‘(increased by $30,000,000)’’. ginia [Mr. SCOTT] for bringing forward moving toward truth in sentencing Ms. WATERS. Mr. Chairman, I offer this amendment and rise in support of laws. this amendment to change the funding the amendment. There is no doubt that b 2030 of the Drug Courts Program from $30 to the popular political rhetoric and prob- Violent crime is down. We cannot $60 million, a program which has al- ably the vote, as the chairman of the chop one-half of the funds to this im- ready proven to be a tremendous suc- committee has indicated, will be in portant program and expect it to be ef- cess in reducing recidivism rates and favor of incarcerating more and more fective; $258 million to be cut off would encouraging rehabilitation for non- people. render this program useless. It would violent first time drug offenders. The truth of the matter, however, is be a shift in our Federal priorities and What are Drug Courts? What do they that every single study including stud- would send the wrong signal to the do? Drug Courts programs interview ies by the Rand Corp., a very conserv- criminals. and assess selected nonviolent drug of- ative group, indicate that they are just Let me ask, why is Truth in Sentenc- fenders and match qualified candidates wrong in terms of what is effective in ing important? I believe it is important with the appropriate level of treat- reducing crime. And we have studied not simply because it perhaps increases ment, whether it is in an outpatient or those things, we have brought them to punishment, but Truth in Sentencing residential program or narcotics anon- the attention of the chairman of the is important because it restores public ymous or alcoholics anonymous meet- Subcommittee on Crime of the Com- confidence in our criminal justice sys- ings. All participants undergo manda- mittee on the Judiciary, and notwith- tem. As someone said, when we create tory drug testing throughout their standing that we keep devoting more a system in which death does not mean treatment. and more and more money to the con- death, life does not mean life, and a Drug Court programs also coordinate struction of prisons and prison beds, term of 10 years means 18 months with the drug addiction programs with other when if we just took a step back and time off for good behavior, it is under- rehabilitation programs, including vo- looked at what actually works to re- standable that the public is cynical and cational training and job placement duce the incidence of crime in this mistrustful of that system. We are re- services, so that a successful graduate country and did not yield to the temp- versing that trend State by State with of the program is prepared to contrib- tation to just do what is politically Truth in Sentencing laws. ute to society. popular and politically expedient, we So it is important to build public Successful Drug Court programs em- would find that what the gentleman confidence. phasize rehabilitation for one time, from Virginia [Mr. SCOTT] is saying is Second, it is important as a deter- nonviolent drug offenders, and as a re- absolutely correct and we should sup- rent. Criminals right now do not want sult reduce the need for new prison port the gentleman’s amendment. to go to Federal court. If they have a construction and the attendant costs. I will not belabor the point. I know preference, they would rather go to The Drug Courts Program was funded where the body is going to go on this many State courts because they know at $30 million in fiscal year 1997. The because it is a lot more popular to beat there is more flexibility, they know the President requested $75 million for the oneself on the chest and say one is sentences do not mean what they say. Drug Courts Program, an increase of being hard on crime, but we have a leg- So the tough sentencing guidelines do $45 million. Unfortunately, the com- islative responsibility here to try to do provide a deterrent effect. mittee chose to fund the Drug Courts something that is effective, not just In 1992, the Department of Justice re- Program at last year’s level of $30 mil- ported that convicted violent offenders politically popular. lion. Mr. HUTCHINSON. Mr. Chairman, I only served 60 percent. Only 60 percent At the same time, the amount pro- move to strike the requisite number of of them are sentenced to prison. That posed for State prison grants is $517.5 words. has changed. Since 1993, the murder million, which is $30 million more than rate has dropped 23 percent, rape has Mr. Chairman, I rise in opposition to provided in fiscal year 1997. This decreased 12 percent, and robbery has the Scott amendment, and I want to amendment would simply maintain the decreased 21 percent. So there has been recognize that my friend from Virginia current funding to the State prison an effective deterrent toward violent is offering this amendment in good grant program at the same level as last crime. We must maintain down that faith and certainly well-intended, but I year. The amendment would shift the path. disagree on the policy statement re- Let us not take a step in the wrong proposed $30 million increase for the flected in this amendment. direction. Let us not retreat. Let us State prison grant program to the One of the problems that I see in our stick with the program that works. For Drug Courts Program. Federal anticrime efforts and law en- this reason, I would urge my colleagues Preliminary data has shown that forcement efforts in this country is a to oppose the Scott amendment. Drug Courts have saved the taxpayers lack of commitment and a lack of con- The CHAIRMAN. The question is on money by spending less than $2,500 an- sistency in our programs. If we reflect the amendment offered by the gen- nually per offender. The Drug Courts back in the drug war that we initiated tleman from Virginia [Mr. SCOTT]. Program saves the $20,000 to $50,000 an- in the 1980’s, we had soaring drug rates, The question was taken; and the nual cost of incarcerating drug using we put in massive and substantial Fed- Chairman announced that the noes ap- offenders. Successful Drug Court pro- eral efforts in this, and yet we saw in peared to have it. grams reduced the need to build more 1992 those efforts starting to decline. Mr. SCOTT. Mr. Chairman, I demand prison cells with the capital cost of up We changed our programs. We were a recorded vote. to $80,000 per sell. starting to make progress with teen ex- The CHAIRMAN. Pursuant to House Drug Courts have already been shown perimentation with drugs, we started Resolution 239, further proceedings on to work, even though they are rel- to make progress in other areas of our the amendment offered by the gen- atively recent. The American Univer- drug war, and yet we stopped the sub- tleman from Virginia [Mr. SCOTT] will sity Drug Court Clearinghouse studied stantial effort and the interdiction and be postponed. the effect of Drug Court programs and other programs, and this saw the trend Are there further amendments to found over 70 percent of the 30,000 of- go back up again. this section? fenders placed in Drug Court programs We have to have consistency in our AMENDMENT NO. 55 OFFERED BY MS. WATERS in the past seven years either success- Federal programs, and now our Federal Ms. WATERS. Mr. Chairman, I offer fully completed or are currently en- truth in sentencing law is working, it Amendment No. 55. rolled in Drug Court programs. That H7808 CONGRESSIONAL RECORD — HOUSE September 24, 1997 means 70 percent of all of those offend- statement, positively saying they are a tleman from Arkansas pointed out a ers are turning their lives around and benefit in every community. As a mat- few minutes ago in discussing Truth in contributing to society as productive ter of fact, it is a very inconclusive re- Sentencing grants, we need to be con- citizens. port. sistent. We need to continue to keep Society gains, nonviolent first time That is why historically I have per- our promises and say look, to those 25 drug offenders contribute, and we tar- sonally opposed setting aside specific states, you knew you were going to get get our focus of incarceration on the money for Drug Courts at the Federal money when you changed your laws to really serious violent habitual offend- level and saying here is a pot of money, go to this Truth in Sentencing concept, ers. Drug Courts not only save tax- if you establish a Drug Court, take it. to up the length of time somebody who payer money on new prison construc- Instead, I much prefer the method we commits a felony has to serve to 85 per- tion, they free up jail space for these have done with most prevention pro- cent of their sentence. Now we will violent and habitual offenders. Drug grams now in the last couple of years give you some money. You have been Courts are an appropriate response to and is the case in this bill, and that is expecting that to come along. the crisis in our courts and judicial to set aside a specific large sum of But we cannot afford to be pulling system where we have been pursuing a money, in this case $500 million, $1 bil- any away from them as we have more one-size-fits-all approach to the epi- lion was authorized, but $500 million states come on line who are willing to demic of drugs. has been appropriated the last couple buy into the program. We do not want The American Bar Association Jour- of years and is in this bill, as block to diminish the amount of money the nal described Los Angeles’s successful grants to the cities and the counties of states are getting who are already Drug Court Program, which handles de- this country to spend fighting crime as committing themselves and are build- fendants from my district in south- they see fit. ing these new prisons. We want them central Los Angeles. Drug Courts de- If a city wants to set up a Drug to be able to finish building those pris- fendants in Los Angeles get 12 to 14 Court, they can use some of that $500 ons, the ones that are already commit- months of treatment, including drug million and set up a Drug Court. If ted, and be able to bring on line some tests five times a week for at least the they prefer and do not believe that is more. first 6 months. A defendant must test the most effective thing for their com- That is why the gentleman has very clean for 6 straight months before munity, they can buy a new police car. slightly plussed up the $500 million or graduation. Defendants who are ex- If they would rather have midnight so, and the gentlewoman would take pelled from the program must face basketball, they can choose to do that. away that little bit that he has added their original charges, like any other It is the local community’s choice how to the Truth in Sentencing grants and defendant. But the success rate in Los to spend the money. Maybe they need move it over to the Drug Courts area. Angeles is nearly 45 percent. In fact, of more police officers, they could even Again, I would say Drug Courts in the court’s 120 graduates since 1995, spend the money for that. some communities are fine, I see noth- less than 10 percent have been re- But to set aside even more money ing wrong with them, although the re- arrested on any felony charge. That is than this bill does, the bill sets aside ports are inconclusive about them. But compared to a 70 percent recidivism $30 million in addition to the block I think that we ought to leave it at the rate for most drug offenders. grants, and any of the money in the present funding level for targeted Drug We need to use our dollars well. We block grants could be used for Drug Courts, $30 million, and then any city have been overincarcerating those first Courts, it already sets aside $30 million or county in this country that wants to time, nonviolent offenders that can be separate and apart and in addition to use some of their block grant moneys, rehabilitated instead of targeting the that specifically for Drug Courts, to $500 million spread out all over the drug kingpins who have been shipping take more money and take it out of the country, lots of money going out to drugs into our communities and using Truth in Sentencing grant program for these communities, any of them that murder and corruption to protect their this purpose, is not a good public pol- want to use them for Drug Courts, narco profits. icy and not a good thing to do, in my think that that is a better idea than The Congressional Black Caucus has judgment. spending their crime fighting money on made the fight against drugs our No. 1 I would point out that Truth in Sen- something else, and it may well be, can priority. tencing is already underfunded, and I do so. Mr. Chairman, we have had a lot of commend the gentleman from Ken- Therefore, I urge the defeat of this rhetoric about dealing with the prob- tucky, I know all the problems he has amendment the gentlewoman offered. lem of drugs in our society, a lot of in funding these programs, that he has Ms. WATERS. Mr. Chairman, will the public relation efforts, a lot of just say increased it slightly, a little bit above gentleman yield? no. And when we have the opportunity $500 million this year, but the $30 mil- Mr. MCCOLLUM. I yield to the gen- to really do something about drugs, I lion the gentlewoman points out is tlewoman from California. wonder what we are thinking when, in only a drop in the bucket, in the short- Ms. WATERS. Mr. Chairman, would fact, we do not do something like in- age we have in this program. the gentleman agree that the informa- crease the funding for Drug Courts, We had authorized $1 billion for tion that is available about the Drug who have shown, who have proven, that Truth in Sentencing prison grants for Courts show the success rate that I in- they can turn these drug traffickers the next several years. We have not dicated in my presentation to the around, these first time offenders been able to fund them but at half that House? around. rate. The little inching up that the Mr. MCCOLLUM. Mr. Chairman, re- Mr. Chairman, I urge my colleagues gentleman from Kentucky and his col- claiming my time, I would say the gen- to support this very common sense leagues on the appropriations sub- tlewoman’s presentation was relying amendment and expand the very suc- committee have been able to do is not on studies that are not the GAO study cessful Drug Courts programs nation- adequate. I referred to, and they, as far as I wide. We need to be providing enough know, are accurate to the degree they Mr. MCCOLLUM. Mr. Chairman, I money in the Truth in Sentencing are there. move to strike the last word. grants to the states that are willing to But the General Accounting Office, Mr. Chairman, I rise to oppose the change their laws to get those other 25 that reports to Congress when we re- gentlewoman’s amendment. I know states to change their laws, to make quest it, has reported the effectiveness that lots of people think the Drug sure that those who commit repeat vio- of Drug Courts as inconclusive, they do Courts are wonderful, and in some com- lent felonies serve at least 85 percent of not have enough data, do not have munities they are, I am quite sure of their sentences, instead of the 50 per- enough success stories. that. The General Accounting Office, cent or in some cases the third they do I would submit to the gentlewoman, however, in a study within the last now, and to fund adequately those and I would give her the benefit of the year, says that the validity and the states that have already bought into doubt, and say this Member would like usefulness of Drug Courts is not some- the program, there are some 25 states to believe and does believe Drug Courts thing they can make a conclusive that are already there, and as the gen- generally are effective. But that does September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7809 not mean we should put more money duces the impact on our communities, time served, Charles Manson, of course, specifically targeted to them. There is the courts, and the criminal justice will serve less time, double the average plenty of money available for them. If system, and drug courts are cost-effec- time served, they only promise ap- they are successful as I hope they are tive. proximately 3 percent reduction in and the gentlewoman believes, then the Mr. Chairman, this is a very worthy crime. I think arguments could poke block grant program will fully fund amendment. The States will not need holes in the 3 percent, but if we give them. the additional $30 million for prisons if them the benefit of the doubt, we are Mr. ROGERS. Mr. Chairman, I move we put it into drug courts, but more spending billions of dollars for vir- to strike the requisite number of words importantly, Mr. Chairman, many who tually no measurable reduction in and rise in opposition to the amend- have nowhere to turn and who depend crime. ment. on us to provide the help and the treat- Mr. Chairman, there is a more cost- b 2045 ment they need will be given the effective way of dealing with crime, chance that they deserve for a better and the drug court program is cer- Mr. Chairman, I rise in opposition to life. tainly one of those strategies. It uses this amendment which would reduce Mr. Chairman, I urge my colleagues the criminal justice system as a ham- the State prison grant funding by $30 to support this amendment. mer to make sure the defendants are million. I have already stated the rea- Ms. WATERS. Mr. Chairman, will the serious about drug rehabilitation. The son why we should not do that in the gentlewoman yield? money can be used not just for the previous amendment. Ms. CHRISTIAN-GREEN. I yield to court system, but also for services, be- The money would be used to increase the gentlewoman from California. cause many courts have no local serv- funding for drug courts, which is an- Ms. WATERS. Mr. Chairman, is the ices to which they can refer the defend- other important crime program. I am gentlewoman aware of the arguments ants. So the money can be used to es- here saying that I agree that drug that have been made by some of our tablish meaningful rehabilitation. courts work, and that is the reason friends on the other side of the aisle Mr. Chairman, drug rehabilitation why we have already included funding who have said over and over again, we has been studied over and over again. for them in the bill. The gentle- cannot stop the use of drugs through The gentleman from Florida has indi- woman’s amendment is not necessary. interdiction, that we must decrease the cated one study that he said was incon- In addition to the $30 million already demand, and while that argument has clusive, but the study in California provided in the bill for the drug court been made, we find that there is not a showed that there was so much crime program specifically, the gentlewoman willingness to do what it takes to de- reduction and reduced health care ex- from California [Ms. WATERS] should be crease the demand. penses that the State saved $7 for every aware that local communities can also These drug courts are proven to be dollar they put into drug rehabilita- use funding from the local law enforce- successful, and I appreciate the fact tion. ment block grant for that purpose. that the gentlewoman who chairs this Mr. Chairman, we have a win/win Last year, in fact, localities chose to subcommittee agrees with me. If, in possibility here. We cannot only reduce use $15 million of that money for drug fact, they are successful; if, in fact, we expenses, but also, we can reduce courts. have the documentation to prove that crime. We have to have the political We include $523 million for the local they are successful; if, in fact, we are courage to do it. I would hope that we law enforcement block grant, which decreasing demand, are we not through would accept the amendment offered the President’s request would have these drug courts doing what those on by the gentlewoman from California eliminated. Localities with choose to the other side of the aisle have indi- [Ms. WATERS]. use any amount of that money for drug cated we must do? Is that not the gen- Mr. WATT of North Carolina. Mr. courts, and I would encourage them to tlewoman’s understanding about what Chairman, I move to strike the req- do that, because I agree with the gen- they have been saying in terms of de- uisite number of words. tlewoman that they are very effective. creasing the demand? Mr. Chairman, I rise in support of the At any rate, Mr. Chairman, I urge my Ms. CHRISTIAN-GREEN. Mr. Chair- amendment to transfer funds to the colleagues to reject this amendment, man, yes, I am aware. Also, it was drug courts. because the prison grant program is ab- pointed out in one of the studies that The statistics indicate that 56 per- solutely working. out of 30,000 convicted criminals who cent of the people in our Federal pris- Ms. CHRISTIAN-GREEN. Mr. Chair- went into drug courts, 70 percent, they ons are in there on direct drug charges man, I move to strike the requisite have a 70 percent success rate. Seventy for possession or sale or distribution. number of words. I rise to support the percent of those people over a 7-year When we add to that 56 percent figure amendment submitted by my esteemed period have not returned to crime or to the people who are in there because chairwoman, the gentlewoman from drugs. That is a figure that we cannot they robbed somebody or broke into California [Ms. WATERS]. argue with. It works, and we should somebody’s house or mugged somebody Mr. Chairman, we heard earlier about support this amendment. or stole something because they had a the $200 million increase in the funding Ms. WATERS. I thank the gentle- drug habit that they were trying to for drug programs, but Mr. Chairman, woman. support, the figure goes up over 80 per- almost all of that money is for inter- Mr. SCOTT. Mr. Chairman, I move to cent. diction. This amendment addresses the strike the requisite number of words. So, if we could get some effective needs of thousands in our community Mr. Chairman, we have heard about way of dealing with that 56 percent who are ill with the disease of drug ad- the need to get tough on crime and who are in there for direct drug diction. People, even when they seek have people serve 85 percent of their charges, if we could treat them, if we help, are turned away, less than 30 per- time. They keep leaving out the fact could deal with them more intensively; cent being able to receive needed treat- that the time to be served is going to many of them are first-time users or ment, and who crowd our jails. be less. As I indicated, in Virginia, a 10- sellers, first-time charged people. If we Mr. Chairman, drug courts have been year sentence where Charles Manson could attack that problem, we would proven to provide a deterrent to drug- would have served all 10 years has been attack the robberies, the break-ins, the related crime, and we know that up to converted; where others may have got- muggings, the thefts that result be- 85 percent of all criminal defendants ten out early, Charles Manson would cause people are strung out on drugs. are arrested under the influence or have served 10 years. Now, he will get Now, what is the most effective tool charged with crimes committed to sup- out in half the time, but he will serve in our whole system for dealing with port their substance abuse illness. all 5 years. those charged with drug offenses, espe- Drug courts allow us to coordinate Mr. Chairman, the cost of that, to cially first-time, minor offenses? It is rather than duplicate programs, thus have Charles Manson serve as much as drug courts, because drug courts, in increasing the effectiveness of the half of his time, will cost Virginia drug courts they go and they deal in- funds and the programs that are avail- about $2 billion. Even the supporters, tensively with the problem that is able. They reduce recidivism, which re- after you have doubled the average causing people to be in the court in the H7810 CONGRESSIONAL RECORD — HOUSE September 24, 1997 first place. That is why they have been $40,000,000, which shall be obligated by July AMENDMENT OFFERED BY MS. JACKSON-LEE OF shown to be effective. 1, 1998, for intergovernmental agreements, TEXAS Right in North Carolina, my home including grants, cooperative agreements, Ms. JACKSON-LEE of Texas. Mr. State, they have already determined and contracts, with State and local law en- Chairman, I offer an amendment. forcement agencies engaged in the investiga- The Clerk read as follows: that that is one of the most effective tion and prosecution of violent crimes and ways to deal with drug charges and to drug offenses in ‘‘Weed and Seed’’ designated Amendment offered by Ms. JACKSON-LEE of deal with the consequences that come communities, and for either reimbursements Texas: thereafter from drug charges. They put or transfers to appropriation accounts of the On Page 34, line 13 insert after $225,922,000 these people on intensive probation. Department of Justice and other Federal the following: ‘‘(increased by $750,000)’’. They try to deal with their home situa- agencies which shall be specified by the At- Ms. JACKSON-LEE of Texas. Mr. tion. They try to find them jobs. They torney General to execute the ‘‘Weed and Chairman, let me first acknowledge try to keep them reporting over and Seed’’ program strategy: Provided, That the Chairman, Mr. ROGERS, of this funds designated by Congress through lan- committee and the ranking member, over to the courts, and they try to pro- guage for other Department of Justice appro- vide some kind of treatment for the priation accounts for ‘‘Weed and Seed’’ pro- Mr. MOLLOHAN, for their cooperative problem, rather than just putting them gram activities shall be managed and exe- spirit in this very, very challenging in jail, keeping them there for a while, cuted by the Attorney General through the problem. putting them back out on the street; Executive Office for Weed and Seed: Provided I would like to read the following to they go right back to the drug habit further, That the Attorney General may di- my Colleagues that in 1996 the Federal that they had, and then they are back rect the use of other Department of Justice Bureau of Investigation announced for the second time. They go to jail funds and personnel in support of ‘‘Weed and that it executed search warrants in 20 Seed’’ program activities only after the At- cities as part of an ongoing nationwide again, serve some time, go back out on torney General notifies the Committees on the street, still with the same habit, Appropriations of the House of Representa- investigation into the use of computer and then the next thing we know they tives and the Senate in accordance with sec- on-line services and the Internet to are back in court for the third time. tion 605 of this Act. lure minors into illicit sexual relation- There is no more effective program COMMUNITY ORIENTED POLICING SERVICES ships and to distribute child pornography using computers. to deal with drug offenses, especially in VIOLENT CRIME REDUCTION PROGRAMS This amendment would allow the De- the earlier cycles, the first-time of- For activities authorized by the Violent fenses, second-time offenses, than drug Crime Control and Law Enforcement Act of partment of Justice to enter into a courts, because they recognize the 1994, Public Law 103–322 (‘‘the 1994 Act’’) (in- contract with the National Research source of the problem. And if we are cluding administrative costs), $1,400,000,000, Council of the National Academy of not going to take responsibility to get to remain available until expended, which Sciences to conduct a study of com- to the source of the problem, we are shall be derived from the Violent Crime Re- puter-based technologies and other ap- never going to deal with the problem of duction Trust Fund, for Public Safety and proaches that could help to restrict the drugs in this country. We cannot deal Community Policing Grants pursuant to availability to children of porno- title I of the 1994 Act: Provided, That not to graphic images through electronic with it. We cannot put enough people exceed 186 permanent positions and 186 full- in jail to jail our way out of this prob- time equivalent workyears and $20,553,000 media, including the Internet and on- lem. We cannot interdict enough at shall be expended for program management line services. somebody else’s borders to deal with and administration: Provided further, That of Additionally, this amendment could our problems unless we attack the the unobligated balances available in this provide for the identification of illegal problem at the source, which is de- program, $100,000,000 shall be used for inno- pornographic images with the goal of mand. We are not going to get to the vative community policing programs, of criminally prosecuting those purveyors source of the problem; we are not going which $35,000,000 shall be used for a law en- of such pornographic images to chil- forcement technology program, $35,000,000 dren. to solve the problem; we are not going shall be used for policing initiatives in drug to improve the problem. ‘‘hot spots’’, and $30,000,000 shall be used for The estimated cost of this study is So, my colleagues, let us just try to policing initiatives to combat methamphet- $750,000. This amendment would in- do what makes sense. Sure, it makes amine trafficking. crease funds in Sec. I, the Department political sense. It is politically expedi- In addition, for programs of Police Corps of Justice part of H.R. 2267. ent to put more money in prisons, but education, training and service as set forth b 2100 imprisoning a first-time drug user in sections 200101–200113 of the Violent Crime rather than dealing with them at the Control and Law Enforcement Act of 1994 Mr. Chairman, as I yield to the gen- source of their problem in a drug court (Public Law 103–322), $20,000,000, to remain tleman, let me simply say that this available until expended, which shall be de- makes no sense. It is not cost-effective also does not impact on my commit- rived from the Violent Crime Reduction ment to Internet and telecommunicat- to do it that way. Trust Fund. I simply urge my colleagues to con- ing technologies, and it also gives the JUVENILE JUSTICE PROGRAMS sider seriously the gentlewoman’s Justice Department or would give For grants, contracts, cooperative agree- them the time to do this study. amendment and support it. ments, and other assistance authorized by The CHAIRMAN. The question is on Mr. ROGERS. Mr. Chairman, will the the Juvenile Justice and Delinquency Pre- gentlewoman yield? the amendment offered by the gentle- vention Act of 1974, as amended, including woman from California [Ms. WATERS]. salaries and expenses in connection there- Ms. JACKSON-LEE of Texas. I yield The question was taken; and the with to be transferred and merged with the to the gentleman from Kentucky. Chairman announced that the noes ap- appropriations for Justice Assistance, Mr. ROGERS. Mr. Chairman, I think peared to have it. $225,922,000, to remain available until ex- the gentlewoman has brought up a Ms. WATERS. Mr. Chairman, I depended: Provided, That these funds shall be very, very salient point. Her amend- mand a recorded vote. available for obligation and expenditure ment is well-deserved. I am prepared to upon enactment of reauthorization legisla- The CHAIRMAN. Pursuant to House accept it. tion for the Juvenile Justice and Delin- Ms. JACKSON-LEE of Texas. Mr. Resolution 239, further proceedings on quency Prevention Act of 1974 (H.R. 1818 or the amendment offered by the gentle- comparable legislation). Chairman, I thank the gentleman for woman from California [Ms. WATERS] In addition, for grants, contracts, coopera- his kindness. will be postponed. tive agreements, and other assistance, I simply want to acknowledge that as Are there further amendments to the $5,000,000 to remain available until expended, the Justice Department proceeds to do bill through page 32, line 6? for developing, testing, and demonstrating this study, I would encourage the If not, the Clerk will read. programs designed to reduce drug use among chairman and the ranking member to juveniles. The Clerk read as follows: be of further assistance. I do not think In addition, for grants, contracts, coopera- any Member would want to vote to WEED AND SEED PROGRAM FUND tive agreements, and other assistance au- For necessary expenses, including sala- thorized by the Victims of Child Abuse Act have children have access to pornog- ries and related expenses of the Executive of 1990, as amended, $7,000,000, to remain raphy. This legislation is for the chil- Office for Weed and Seed, to implement available until expended, as authorized by dren. Let us get pornography off the ‘‘Weed and Seed’’ program activities, section 214B of such Act. Internet. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7811 Mr. Chairman, I am offering an amendment Director Freeh went on to say that ``The venile arrests will be made. The growth to add $750,000 to the juvenile justice pro- safety of children demands aggressive en- in juvenile homicides and homicides in- grams to the Commerce, Justice, State appro- forcement of the law.'' I say that the safety of volving juvenile offenders has sur- priations bill before the House today because children demands the aggressive research passed that among adults. It is a very our law enforcement community needs our prescribed by this amendment to provide the important concept. The number of ju- help in order to better protect our Nation's chil- aggressive enforcement of the law using the venile homicides committed by juve- dren. I cannot imagine any Member of this best methods available. niles has now exceeded the number of body will speak against this amendment and The work that the FBI is engaged in is com- homicides that have been charged on in support of the purveyors of pornography, mendable, but they could use additional re- adults. but I would hope that this amendment can be sources that could be identified by the re- Between 1982 and 1992 juvenile arrests considered by the full House on its own mer- search authorized by this amendment. They have increased 117 percent, which is an- its. For this reason, I am offering this amend- currently are not using image identification to other statistic reflecting the growing ment to prevent children from being subjected locate or block the access of children to the rise in juvenile crime. to pornography on the Internet to the Com- pornographic images. Why we should do this. More statis- merce, Justice, State appropriations bill. We must and should act to direct through tics. Juvenile arrests for aggravated This amendment would direct that the De- this amendment the work that the Department assault, a 129-percent increase; juvenile partment of Justice enter into a contract with of Justice should be engaged to protect our arrests for murder, a 145-percent in- the National Research Council of the National Nation's children. Any delay can mean that crease; juvenile arrests for forcible Academy of Sciences to conduct a study of countless lives could be lost or interrupted by rape, predicted to increase 66 percent. computer-based technologies and other ap- the predators of children which have been We have good solutions for these prob- proaches that could help to restrict the avail- known to use the Internet to lure their victims lems. The juvenile justice block grant ability to children of pornographic images away from the safety of their families. system has many programs that are through electronic media including the Internet I ask that my colleagues allow the inclusion not funded adequately. and online services. Additionally, this amend- of this amendment in the Commerce, Justice, Where do we get the money from? We ment would provide for the identification of ille- State appropriations because this issue should take the money to support the juvenile gal pornographic images with the goal of not and cannot wait. justice block grant, $74 million, from criminally prosecuting those purveyors of such PARLIAMENTARY INQUIRY the Advanced Technology Program, a pornographic images to children. The goal of Ms. JACKSON-LEE of Texas. Par- program that has had some good, a pro- this study is to understand the technological liamentary inquiry, Mr. Chairman. gram that today has $444 million in the capabilities currently available for identifying The CHAIRMAN. The gentlewoman pipeline that is not spent, money that digitized pornographic images stored on a will state it. has not been spent, and we are going to computer, network, or other computer commu- Ms. JACKSON-LEE of Texas. I just send another $200 million-plus down nication mediums by the use of software or want to be clear about the acceptance that pipeline. other computer technologies. of the amendment, Mr. Chairman. Do Mr. Chairman, that may not be a The funding for this amendment would we need to call for a vote? good enough reason to oppose it. Then come from funds otherwise appropriated The CHAIRMAN. The Chair will put there is a reason to oppose it based on therefore revenue neutral to the Department of the question. the people who have been getting the Justice, which should not exceed $750,000. I Are there further remarks? grants. International Business Ma- would like to ask that you join me in support If not, the question is on the amend- chines, known as Big Blue, has received of this amendment to help eliminate the grow- ment offered by the gentlewoman from $111,279,000; General Motors, $82,134,000; ing threat of pornographic images that our Texas [Ms. JACKSON-LEE]. General Electric, $75 million; Ford, $66 children who use the technology must face. The amendment was agreed to. million; Sun Microsystems, $50 million, We can act today to help all of our Nation's The CHAIRMAN. Are there further whose chief executive officer says they children have a safer future. This amendment would address the capa- amendments? do not want this program. They do not bilities of present-day, computer-based control AMENDMENT NO. 35 OFFERED BY MR. COBURN believe that this is a program for es- technologies for controlling electronic trans- Mr. COBURN. Mr. Chairman, I offer tablished corporations. Mr. Chairman, why is it important? mission of pornographic images, and our abil- amendment No. 35. Because those very corporations that I ity to impose technological restrictions on ac- The CHAIRMAN. The Clerk will des- cess of these images by children. It will also ignate the amendment. just listed, here are their earnings last address research needed to develop com- The text of the amendment is as fol- year in net profit. International Busi- puter-based control technologies to the point lows: ness Machines earned $5.4 billion. Why of practical utility for controlling the electronic Amendment No. 35 offered by Mr. COBURN: should we give them $50 million to do transmission of pornographic images. The re- Page 34, line 13, after dollar amount, insert research when we cannot take care of search that is conducted as a result of this the following: ‘‘(increased by $74,100,000)’’. the youth in our country? Page 49, line 9, after the dollar amount, in- General Motors earned $4.9 billion amendment would look at the inherent limita- sert the following: ‘‘(reduced by $74,100,000)’’. tions of computer-based control technologies net profit. Why should we give them Mr. COBURN. Mr. Chairman, this for controlling electronic transmission of porno- $50 million to do research when they graphic images. amendment is fairly straightforward. will do the research with their own The estimated cost of $750,000, in funding It is controversial to those who are re- profits? Why should we give money to for this amendment would come from already ceiving a subsidy from the Federal General Electric, who earned $7.3 bil- appropriated funds. I would like to ask my col- Government. It is not controversial in lion last year, and we cannot take care leagues to join me in support of this amend- any other way. of the juvenile justice programs and ment. The purpose of this amendment is to problems in our country? On December 1996, the Federal Bureau of further fund juvenile justice block Mr. Chairman, this is a contrast Investigation announced that it executed grants. It is to make an additional im- about choices. It is a choice about search warrants in 20 cities as part of an on- pact for the youth in our country. whether the wealthiest corporations we going nationwide investigation into the use of There are very alarming statistics that are going to subsidize for R&D, or we computer online services and the Internet to we need to deal with in terms of our are going to take care of the disadvan- lure minors into illicit sexual relationships and young people. We have heard some of taged youth we just got through hear- to distribute child pornography using comput- those tonight. But one of the things ing about, where we do not have ers. that the statistics do bear out is that enough money for the drug court pro- FBI Director Louis J. Freeh said, that the the intervention programs that we grams, where we do not have enough ``searches are a continuation of a highly suc- have across the board are underfunded. money for the Challenge programs? cessful investigation which has resulted in The statistics also bear out that the Finally, I want to stop and discuss many convictions * * *. These cases have al- intervention programs we have are for a minute one of the programs that ready revealed the ease and frequency with being successful. The FBI estimates works, one of the programs that has which criminals have used modern technology that juvenile violent crimes will double been highly successful throughout this to cause grave harm to children.'' by the year 2010. More than 260,000 ju- country called the Challenge program. H7812 CONGRESSIONAL RECORD — HOUSE September 24, 1997 The Challenge Program, there is one of sities, and the Federal Government to would not happen. Partnership pro- them in Oklahoma. What it has done is look at systems change. grams like ATP help bridge the gap be- taken young adults, juveniles, who The dollars that have come in to us tween the lab bench and the market- have been in trouble with the law and have gone to the universities. It is not place, and help spawn new innovations have given them an opportunity to be characterized accurately to say that in industries. self-sufficient, to win. we are talking about a million dollars The CHAIRMAN. The time of the That program has been trimmed. going to corporations that would oth- gentlewoman from Michigan [Ms. That program has been cut. We are now erwise be provided in research by the STABENOW] has expired. raising money at the local levels to corporation. These are long-term, high- (By unanimous consent, Ms. support Thunderbird Academy in er-risk kinds of projects that involve STABENOW was allowed to proceed for 2 Pryor, OK, an academy that has had an the importance of industries working additional minutes.) impact now in over 500 young people’s together. Ms. STABENOW. Mr. Chairman, if I lives, who would be in prison but now In a project report that was just put might just summarize, we are compet- are paying taxes, are supporting our in- together regarding the Two Millimeter ing as a country with other countries frastructure, are actually participating program in Michigan, and we have hot today. In those other countries, they as viable members of our society. off the press a very important report are operating as a team: business, We have a choice to make. We are about this, they indicate that there are labor, universities, researchers, govern- going to hear, this is a good program, numerous problems with a particular ment, all together, focusing on long- that many things came about through business trying to do this on their own; term developments, and technologies this program. I do not deny that, that in this case, our automobile industry so they can compete against America. some positive research and benefits coming together to provide more qual- If we are not as wise as developing came. But when we have corporations ity in order to be able to compete opportunities for teams to come to- like Ford Motor, who made $4.4 billion internationally. gether, we will lose the competitive this last year, getting $1 million from They indicate that the problem ad- race for new jobs. ATP is a very small the taxpayer to fund their research, or dressed by the Two Millimeter project program authorized by the Committee research they would not otherwise is a systems problem requiring a high on Science at continuation levels that fund, we have to ask ourselves a ques- level of coordination among a number allows us to continue the ability to tion, are our youth worth it? Are we of quite different organizations. The compete in a global marketplace. going to put corporate profits ahead of problem at issue could not be solved by It is not about corporate subsidies. It our youth? I do not think this body these individual organizations acting is about the ability for government and wants to do that. alone. universities, researchers, and busi- Ms. STABENOW. Mr. Chairman, I Forming large, complex research nesses, to work together to do those move to strike the last word. joint ventures to address a systems kinds of things that will allow us to Mr. Chairman, first I would commend problem is a daunting effort. The ATP continue to be innovative as a country. the subcommittee chair and the rank- provided the impetus for companies to It is a very important investment in ing member for the good work in put- overcome coordination barriers. People jobs. ting together this budget bill, and for that normally compete, GM versus INTERNATIONAL BUSINESS the fact that in this budget we have an Chrysler, all of our companies that MACHINES CORPORATION, increase in juvenile crime and preven- normally are competing against each Washington, DC, September 23, 1997. tion dollars of nearly three times what other, come together with the Federal Hon. TOM A. COBURN, has been in the fiscal year 1997 bill, and Government serving as a neutral Cannon House Office Building, U.S. House of Representatives, Washington, DC. $157 million more than the President’s ground to allow them to organize, to DEAR REPRESENTATIVE COBURN: Your Dear request. look at long-term higher risk research Colleague letter of September 18, 1997 about I would commend my colleagues for that will allow us to create jobs. the Advanced Technology Program (ATP) is understanding what the maker of the This is about creating jobs. I would inaccurate. It misrepresents IBM’s participa- amendment has eloquently talked like to share with the Members some tion in the ATP and seriously about in terms of our juvenile justice portions of a letter that IBM has sub- mischaracterizes the program. needs. I would join with the gentleman mitted in opposition to information Your assertion that IBM has received in expressing a desire to have these $111,279,738 in R&D grants is wrong. Since that was and continues to be shared re- 1992, IBM has participated in seven ATP dollars go for the intended purpose garding IBM. I will read just a portion projects, of which two were IBM projects and that he has spoken about. of it. This was written to the maker of five were joint ventures. Government fund- But I would rise to oppose his amend- the amendment. ing totaled less than $4 million over three ment, because this really is a false ‘‘Your Dear Colleague letter of Sep- years in the single company projects. As the choice that he has presented to us. We tember 18, 1997, about the ATP is inac- ATP requires, this was matched by IBM’s do have additional important dollars curate. It misrepresents IBM’s partici- own investment. In the joint venture for juvenile justice in this bill, which I pation in the ATP and seriously projects, IBM was only one of over 40 organi- support and would continue to support. mischaracterizes the program. zations, including large and small companies and universities, which participated. Govern- But we also have the opportunity as a ‘‘Your assertion that IBM has re- ment investment in those projects was ap- country to move ahead and be competi- ceived $111,279,738 in R&D grants is proximately $40 million over five years. tive with other countries in creating wrong,’’ is wrong. ‘‘Since 1992 IBM has Again, the federal funding was matched by jobs for the future through technology. participated in seven ATP projects, of the project participants. Unfortunately, there has been a tre- which two were IBM projects and five The ATP enables organizations to share mendous amount of misinformation were joint ventures.’’ costs, risks, and technology expertise in about the Advanced Technology Pro- They go on to explain that in the precompetitive R&D. By pooling resources, gram. Just in the short term since I joint ventures, they have been one of it allows projects to be pursued that otherwise would lie dormant. Partnership pro- have been here as a Member in Janu- over 40 organizations working together grams like ATP help bridge the gap between ary, I know that this was also debated with dollars going to universities to the lab bench and the marketplace and help last session and voted down, and that create partnerships. spawn new innovations and industries. ATP there was a tremendous amount of mis- They indicate that ATP enables orga- works through rigorous, open competition. It information at that time. nizations to share costs, risks, and is accessible to all businesses. All costs are This program, which has been ex- technology expertise in precompetitive at least matched by the participants. Fur- tremely successful in Michigan, is R&D, not what the corporations would ther, ATP provides a ready mechanism for about partnering, and the Federal Gov- be doing in the short term, but the large and small companies to work together. ernment coming together with indus- Many small businesses are suppliers to large precompetitive high-risk research & companies. Cooperative research programs tries, like the automobile industry in development that looks long-term at like ATP strengthen them measurably. Michigan, to form a partnership be- creating jobs. Smaller companies frequently state that tween large automobile companies, in By pooling resources, it allows they want to work with larger ones. Through our case, small business, our univer- projects to be pursued that otherwise these relationships, they gain access to September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7813 skills, technology, funding, and potential ing well over $100 million in fiscal year justice programs should be given the customers available in no other way. 1998. And while these mortgages are priority in this Congress, we have in In today’s world, having the best tech- not liabilities for the Federal Govern- fact in this bill made them a priority. nology or the best research is not sufficient for a country or company. Success depends ment, they do represent commitments If the purpose of the gentleman from upon speed—the time it takes to start new made by NIST to these research Oklahoma [Mr. COBURN] is to ensure technological solutions. ATP partnerships projects. that this program is funded robustly, create connections and enable faster tech- Terminating ATP would break let me assure him that the committee nology introduction. The United States can- NIST’s commitments to its existing did it for him. not ignore the international context of tech- ATP partners. It would be like giving a In fact, the bill before us today pro- nology research and development. The na- 4-year scholarship to a student and vides $237.9 million for this line item, tion cannot stand still while foreign infra- then terminating it without cause structures develop and improve. an increase of $55 million over the I respectfully request that you reconsider after his or her freshman year. funds provided in fiscal year 1997 and your position and your justification for The House-passed authorization for $7.5 million above the administration’s eliminating the Advanced Technology Pro- NIST already reforms ATP. The bill in- budget request for fiscal year 1998. Let gram and that you share these facts with cludes language to reform the grant me repeat. We have funded juvenile your colleagues. process by requiring that grants can justice delinquency programs very Sincerely, only go to projects that cannot proceed robustly. CHRISTOPHER G. CAINE. in a timely manner without Federal as- On the one hand, we funded juvenile Mrs. MORELLA. Mr. Chairman, I sistance. move to strike the requisite number of The bill also increases the match re- justice very robustly. We appreciate words. quirements for ATP grant recipients to the interest of the gentleman from Mr. Chairman, I strongly oppose the 60 percent for joint ventures and non- Oklahoma [Mr. COBURN] in juvenile jus- amendment offered by the gentleman small business single applicants. Fi- tice programs. But taking it from the from Oklahoma [Mr. COBURN] to the nally, the bill reduces ATP spending to ATP Program, if my colleague does Commerce-Justice-State appropria- $150 million in fiscal year 1999. And want to increase juvenile justice, is not tions bill. It would transfer $74 million through these reforms, the House is the right place to take it. from the $185 million provided in the moving ATP in the right direction. I would like to summarize my rea- bill for the National Institute of Stand- So with the reforms, the obligations, sons for supporting this important ards and Technology’s Advanced Tech- the fact that we are stressing partner- ATP initiative. ATP is paramount to nology Program in fiscal year 1998 to ships, we are talking about public-pri- our Nation’s global competitiveness. the Department of Justice’s juvenile vate partnerships that are so critically We are entering an era where global justice and delinquency prevention important, that is what this bill does. competitiveness is the way we really program. It has been very well-crafted. So with are going to compete in the world. Funding this program does nothing b 2115 the passage of H.R. 1274, the House took strong positive steps to reform more than put us on a level playing While we all support programs to re- ATP. I really do not think we should field with our major competitors. duce juvenile crimes, and I am on reverse this course now. Right now, Mr. Chairman, the United record as supporting them, H.R. 2267 al- Mr. COBURN. Mr. Chairman, will the States ranks 28th, 28th behind all of ready includes $538 million for juvenile gentleman yield? our major global competitors in the crime prevention, almost three times Mrs. MORELLA. I yield to the gen- percentage of government R&D in- the amount appropriated last year. I tleman from Oklahoma. vested in civilian technologies. While commend the chairman of the commit- Mr. COBURN. Mr. Chairman, is it not we sit here debating an amendment tee for so doing. true that in the report language com- that would cripple the ATP Program, This amendment, of course, that has ing out of the committee of the gentle- across the oceans, our competitors, been offered is not an effort to fund ju- woman from Maryland [Mrs. MORELLA] Japan, England, Germany, Australia, venile justice, but merely simply an at- that, in fact, what was said was ‘‘In an and Portugal, are investing heavily in tempt to kill the advance technology era of scarce Federal research and de- similar initiatives. program. The appropriations bill al- velopment dollars, funding ATP is sim- Japan is spending about $9 billion a ready mirrors the House-passed author- ply a low priority’’? That’s No. 1. year on precompetitive technology de- ization for ATP, H.R. 1274, the NIST No. 2, what was also said is that velopment, and the European Commu- authorization bill, which came from ‘‘ATP can function for 2 years without nity is funding advanced technology re- my Subcommittee on Technology of receiving 1 additional dollar from the search to the tune of $5.5 billion annu- the Committee on Science, and it Federal Government.’’ ally. passed the House on April 24 of this So why do we not just take this year Second, ATP funds precompetitive, year. and not fund the $74 million and give it generic technology developments That bill funded ATP at $185 million to juvenile justice? It is not going to which would not otherwise be under- in fiscal year 1998, and that level is have an impact in terms of funding be- taken by private industry. The ATP is identical to the funding level in this cause the money is not in the pipeline. not corporate welfare and it is not appropriation bill. So it has been au- Why not do that? thorized and appropriated. The appro- Mrs. MORELLA. Mr. Chairman, re- about picking winners and losers. The priated and authorized level for ATP claiming my time, because we have ATP is also not about product develop- already represents a cut to ATP of $40 made commitments. We have compa- ment. It is about funding the research million from the fiscal year 1997 appro- nies working with the Federal Govern- and development efforts behind high- priated level of $225 million. The total ment in conjunction with each other. risk technologies. is $90 million below the administra- We have reformed the ATP Program. While the Government provides a tion’s request for fiscal year 1998 and We have reduced the ATP. It is a pro- catalyst, industry conceives, manages, the administration requested $275 mil- gram that needs to continue beyond and executes ATP projects. ATP funds lion. that. risky, precompetitive technologies So significant cuts have already been The chairman of the committee has that have the potential for a big payoff made and funding ATP at $10 million in already given us a significant increase for our Nation’s economy as we com- fiscal year 1998 would amount to the to juvenile justice programs. So I think pete with those competitors that are U.S. Government turning its back on this public-private partnership needs to investing so very heavily in similar its obligations. The problem is that continue. We are monitoring it so very, programs. ATP funds long-term, 5-year research very closely. Third, ATP was conceived as a bipar- grants. The funding for the remaining Mr. MOLLOHAN. Mr. Chairman, I tisan initiative. Although the ATP years of these 5-year grants is termed a move to strike the requisite number of Program has become a political issue ‘‘mortgage.’’ words. over the last several years, it did not According to the administration, Mr. Chairman, while I too would be start out that way. It did not start out ATP is likely to have mortgages total- the first person to admit that juvenile that way. It had bipartisan beginnings. H7814 CONGRESSIONAL RECORD — HOUSE September 24, 1997 ATP was started under President Rea- true, what is the point of the gen- have ongoing money or money for gan’s administration and was author- tleman? present projects, we would have no ized by former Republican Congress- Mr. COBURN. Mr. Chairman, if the money for future projects. man Don Ritter. gentleman would continue to yield, the The reason why it is important that In fact, D. Allan Bromly, President point is that we have a larger problem I rise and discuss this is because just a Bush’s science advisor, had the follow- with juvenile justice and children and few minutes ago, I rose and received ing to say about the ATP Program: ‘‘In adolescents in this country where we the support of the chairman and passed the Bush administration, we made a are not addressing it. No matter what an amendment that dealt with tech- start toward more effective use of our we have increased it, we have programs nology. That was where the Justice De- technology strengths as, for example, out there that are not going to be fund- partment could enter into $750,000 con- in the successful advanced technology ed, like the Challenge Program. tract for 24-month period with the Na- program.’’ Mr. MOLLOHAN. Mr. Chairman, re- tional Research Council of the Na- It is important to note that while the claiming my time, that is obviously tional Academy of Sciences to conduct Clinton administration feels strongly the question in debate here, ‘‘Where is a study of computer-based technologies about the merits of the ATP, the issues our priority? Do we want to eliminate and other approaches that could help and concerns raised by my Republican a program that is extremely important restrict the availability to children of colleagues have not fallen on deaf ears. for our competiveness position as we pornographic images through elec- In fact, in response to Republican con- move forward with this internation- tronic media, including Internet and cerns, the Commerce Department re- alization of our global economy, or not, on-line services, as well as identifica- cently completed an extensive review and do we believe that this program tion of illegal pornographic images of the ATP Program. contributes to that?’’ with the goal of prosecution. To allow for broad public input, the I do. On a bipartisan basis, adminis- I would never want that to be Technology Administration solicited trations have. And I hope that the thought and conceived as being against public comment over a period of 30 body’s majority does. an ATP Program that promotes the days. The Commerce Department re- Mr. ROGERS. Mr. Chairman, I ask workings of those research entities to ceived 80 responses to this notice pre- unanimous consent to proceed for 1 provide jobs for individuals moving dominantly from individual firms and minute. into the 21st century. professional trade associations. Based The CHAIRMAN. Is there objection on this review, Secretary Daley has de- to the request of the gentleman from b 2130 cided to make several important Kentucky? Although the gentleman’s intent is of changes to the operation and policies There was no objection. high level and of great sense of com- of ATP, changes that will result in a The CHAIRMAN. The gentleman mitment to the concerns dealing with stronger, more viable program. from Kentucky is recognized for 1 juvenile crime, we already are moving For example, he plans to shift the minute. in that direction. I applaud the leader- Mr. ROGERS. Mr. Chairman, we have priorities of the program by putting ship for increasing the amount in the one other amendment that is pending more emphasis on joint ventures and bill. I would hope we would get more that is going to take some time. We are small- and medium-sized single appli- dollars, but I certainly think this is under a time constraint as it is, and we cants and less emphasis on individual the wrong way. are on the verge of that time con- applications filed by large companies. Mr. Chairman, I rise to speak in opposition Additionally, the Secretary plans to straint. Can we conclude debate on this fairly to the Coburn amendment which would trans- increase the cost-share requirement for fer $74 million from the National Institute of large, single-applicant companies, I soon? I think we all know how we are going to vote anyway. Can we conclude Standards and Technology's Advanced Tech- think addressing legitimate concerns nology Program in fiscal year 1998 to the De- that have come from the other side. this right away, Mr. Chairman? The CHAIRMAN. The Chair would partment of Justice's Juvenile Justice and De- It is a strong program. It is getting linquency Prevention Program. stronger. I urge my colleagues in this hope that the gentleman’s words will be taken by Members on the floor. Currently, legislation provides $225.9 million competitive international environment for juvenile justice programs. However this ob- not to support the amendment of the Ms. JACKSON-LEE of Texas. Mr. Chairman, I move to strike the req- ligation of funds is dependent upon enactment gentleman. of authorization legislation. At this point the The CHAIRMAN. The time of the uisite number of words. fate of the reauthorization bills is uncertain. gentleman from West Virginia [Mr. Mr. Chairman, I rise because I am on Technology fuels the rapid growth in our MOLLOHAN] has expired. both the Committee on the Judiciary Nation's economy. Every dollar invested (On request of Mr. COBURN, and by and Committee on Science, and I ap- through the Advanced Technology Program is unanimous consent, Mr. MOLLOHAN was preciate the leadership of the gen- allowed to proceed for 1 additional tleman on this issue of juvenile preven- returned through jobs, business expansion, minute.) tion or juvenile crime prevention. We and economic growth. Mr. MOLLOHAN. Mr. Chairman, I have worked on it for a very long pe- The Advanced Technology Program is not yield to the gentleman from Oklahoma riod of time and very long hours. corporate welfare for large companies. The [Mr. COBURN]. I would have wished and encouraged Advanced Technology Program is a competi- Mr. COBURN. Mr. Chairman, I want the gentleman to have supported and tive, peer reviewed, cost-shared program po- to ask a couple questions. been with the gentleman from Virginia tentially high-payoff enabling technologies that It is true that new moneys for the [Mr. SCOTT], who was here on the floor otherwise would not be pursued because of ATP Program are for new grants, not earlier who had a similar piece of legis- technical risks and other obstacles that dis- for grants in the pipeline; is that cor- lation, an amendment that would have courage private investment. rect? answered the question that the gen- In the city of Houston, SI Diamond Tech- Mr. MOLLOHAN. Mr. Chairman, re- tleman is now raising about the con- nology, Inc., Applied Training Resources, claiming my time, there is money here cern of juvenile crime prevention. But Stress Engineering Services, Inc., and for new grants. let me acknowledge that his concern is Genometrix, Inc. are a few of the firms which Mr. COBURN. Mr. Chairman, if the important but his juxtaposing is not have been assisted by this important program. gentleman would yield further, it is for the correct way to do it. Currently, there are 2,200 proposals submit- new grants. So any of the programs As a member of the Committee on ted by industry with over 700 of which 280 that are presently funded by ATP and Science, let me say to my colleagues projects were funded. Less than 4 percent of are forward funded in such a manner that since the inception of the ATP the proposals receive Advance Technology will not be affected whatsoever by any Program, 47 percent of all awarded Program funds. decrease in the amount of ATP funds projects have been led by small compa- The Advance Technology Program has through this appropriation; is that nies, particularly these ATP projects committed $970 million and industry has put true? usually associated with universities. up more than $1 billion in cost sharing. Mr. MOLLOHAN. Mr. Chairman, re- In addition, even though the gen- Nearly halfÐ46 percentÐof the projects are claiming my time, if that would be tleman has mentioned that we would led by small business who have also received September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7815 about half the Advanced Technology Program AMENDMENT NO. 32 OFFERED BY MS. NORTON erything for these women, for their funding. Ms. NORTON. Mr. Chairman, I offer food, for their shelter, for their clothes. There are more than 100 universities in- an amendment. So if there is to be a choice, and here volved in 157 Advanced Technology Program The CHAIRMAN. The Clerk will des- the choice is most necessary, it can projects. ignate the amendment. only come from Federal funds. The Advanced Technology Program is an The text of the amendment is as fol- Providing an exception here is akin efficient and effective way to assist tech- lows: to the exception we provide for rape. nology's transition to the marketplace. Amendment No. 32 offered by Ms. NORTON: There is no other way. These are I urge my colleagues to vote against this In title I, under the heading ‘‘General Pro- women who, if they desire, and only if amendment. visions—Department of Justice’’, strike sec- they desire, an abortion, should be tion 103. Mr. BROWN of California. Mr. Chair- most granted that desire, given their man, will the gentlewoman yield? Mr. ROGERS. Mr. Chairman, I ask particular history. Ms. JACKSON-LEE of Texas. I yield unanimous consent that all debate on Moreover, there has been experience to the gentleman from California. this amendment and all amendments in 1993, when this body lifted the re- (Mr. BROWN of California asked and thereto close in 20 minutes, and that strictions on abortions for women in was given permission to revise and ex- the time be equally divided between prison, the Bureau of Prisons handled tend his remarks.) the gentlewoman from the District of the matter with great sensitivity, no Mr. BROWN of California. Mr. Chair- Columbia [Ms. NORTON] and the gen- complaints about it. There was medi- man, I will just point out that this pro- tleman from Illinois [Mr. HYDE]. cal, religious and social counseling. gram was created in the 1988 trade bill. The CHAIRMAN. Is there objection There was written documentation that It was title X, as I recall, the contribu- to the request of the gentleman from that counseling had taken place. Em- tion of the Committee on Science, and Kentucky? ployees who had a moral or religious this program had been studied in the There was no objection. Ms. NORTON. Mr. Chairman, I yield objection had that objection recog- Committee on Science for several years myself such time as I may consume. nized. before that as a way of approaching the I recognize that there is an objection Mr. Chairman, I offer this amendment decreasing competitiveness of Amer- of many to abortion. We have recog- to offer the option of abortion to those nized some exceptions, very rare, to ican industry in world trade. I hope that may be at once most in need of it our admonition against abortion. Sure- that the gentleman will keep that in and least likely to have access to this ly if there are to be exceptions, this mind. choice. I offer this amendment for the The CHAIRMAN. The question is on should be one. damned and the desperate. the amendment offered by the gen- Mr. Chairman, I reserve the balance In the United States 60 percent of of my time. tleman from Oklahoma [Mr. COBURN]. pregnancies are unintended. Imagine The question was taken; and the Mr. HYDE. Mr. Chairman, I yield 5 what that figure is for women in pris- Chairman announced that the noes ap- minutes to the distinguished gen- on. I ask for an exception to the ban on peared to have it. tleman from New Jersey [Mr. SMITH]. Federal funds in order that those funds Mr. COBURN. Mr. Chairman, I de- Mr. SMITH of New Jersey. I thank be available for women in prison be- mand a recorded vote. the gentleman for yielding me this The CHAIRMAN. Pursuant to House cause they do not even have the option time. Resolution 239, further proceedings on of other poor women. They cannot bor- Mr. Chairman, I first of all want to the amendment offered by the gen- row, they cannot use State or Federal thank the gentleman from Kentucky funds as some women who live in such tleman from Oklahoma [Mr. COBURN] [Mr. ROGERS] for again renewing cur- will be postponed. localities can. They are in Federal cus- rent law to prohibit taxpayer funding The Clerk will read. tody. It would be barbaric to force such for abortion on demand in Federal pris- The Clerk read as follows: women to bear children against their ons. And so I rise in very strong opposi- will behind bars. PUBLIC SAFETY OFFICERS BENEFITS tion to the Norton amendment which The number of women in Federal To remain available until expended, for would strip this prolife provision out of payments authorized by part L of title I of prisons has grown astronomically. the bill and thus authorize public fund- the Omnibus Crime Control and Safe Streets There was 75 percent growth in the last ing for abortion on demand. Act of 1968 (42 U.S.C. 3796), as amended, such decade. The annual growth rate is con- It is worth noting that in 1995, the sums as are necessary, as authorized by sec- siderably greater than for State pris- House considered this issue and voted tion 6093 of Public Law 100–690 (102 Stat. ons. There is twice the growth rate for 281–146 to defeat the Norton amend- 4339–4340); and $2,000,000 for the Federal Law these women as for men. The rate of in- ment, and I urge a ‘‘no’’ vote again Enforcement Education Assistance Program, fection for HIV and AIDS exceeds the today. as authorized by section 1212 of said Act. rate of infection for men in prison. Mr. Chairman, it is about time that GENERAL PROVISIONS—DEPARTMENT OF Five percent of these women enter pris- we face the fact that abortion is vio- JUSTICE on pregnant. lence against children. It is hard SEC. 101. In addition to amounts otherwise Who are these women? We have the enough that this child abuse is legal made available in this title for official recep- figures for women in State prisons. and that each and every day boys and tion and representation expenses, a total of girls are slaughtered by the abortion- not to exceed $45,000 from funds appropriated They are roughly comparable to Fed- to the Department of Justice in this title eral figures. Forty percent have been ists, but do not force us to pay for it. shall be available to the Attorney General sexually abused. Half committed the Abortion methods are violent acts. It is for official reception and representation ex- offense under the influence of alcohol violence against children. Abortion penses in accordance with distributions, pro- or drugs. More than half used drugs the methods are not designed to heal, but cedures, and regulations established by the month before committing the offense. to kill. Abortion treats pregnancy like Attorney General. Forty percent use drugs daily. Fifty- a disease to be vanquished and turns SEC. 102. Authorities contained in the De- eight percent use alcohol, 20 percent babies into objects, expendable, throw- partment of Justice Appropriation Author- aways, so much junk. ization Act, Fiscal Year 1980 (Public Law 96– every day. 132, 93 Stat. 1040 (1979)), as amended, shall re- Who are the children of these in- It has been pointed out that many main in effect until the termination date of mates? They are five times as likely to women are incarcerated because of this Act or until the effective date of a De- be imprisoned as other children. Half of drug offenses. The logic of that argu- partment of Justice Appropriation Author- the children in the juvenile justice sys- ment is that the children of these ization Act, whichever is earlier. tem have a parent in prison. The racial women are somehow better off dead. SEC. 103. None of the funds appropriated by implications are awesome. Blacks, re- All I can say is that is a very cynical this title shall be available to pay for an gardless of sex, are six times more like- view. Since when is being a victim of abortion, except where the life of the mother drug abuse a capital offense? Should would be endangered if the fetus were carried ly to go to prison than whites. Black to term, or in the case of rape: Provided, women have nearly the same chance as children be brutally killed for the That should this prohibition be declared un- white men of going to prison. crimes of their parents or because they constitutional by a court of competent juris- Why Federal funds? Federal funds, might have been injured by those diction, this section shall be null and void. because Federal funds must pay for ev- crimes? Of course not. H7816 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Mr. Chairman, in our culture, abor- Ms. NORTON. Mr. Chairman, I yield 2 of this issue, the fact remains that tionists sport white coats and a paper- minutes to the gentlewoman from Cali- abortion is still a legal health care op- thin facade of respectability, but the fornia [Ms. WATERS]. tion for women in this country and has gut-wrenching reality is that abortion- Ms. WATERS. Mr. Chairman, I think been for over 20 years now. ists dismember and poison babies for it is about time that we stop the use of I urge my colleagues to vote ‘‘yes’’ profit. They inject highly concentrated inflammatory language around this on this amendment. Women in prison salt water and other poisons into the very personal issue. I think it is time deserve to have access to needed health baby that lead to a very slow and pain- that we talk about this issue at least care services, and they deserve to have ful death for those children. Abortion- in ways that we can respect everybody choice. ists routinely dismember children. that is involved. I think it is time that Ms. NORTON. Mr. Chairman, I yield They cut off their heads. They cut off we talk about what real violence is. such time as she may consume to the their arms and legs. That is the re- Real violence is a woman who has to do gentlewoman from Maryland [Mrs. ality. People can smirk and smile and time in the Federal prison who comes MORELLA]. think that that is not what happens, in drug-addicted, HIV-infected, preg- (Mrs. Morella asked and was given but that is what happens in an abor- nant, the 6 percent of them who come permission to revise and extend her re- tion. in that way and who say, I don’t be- marks.) A few days ago, Dr. Nathanson lieve I have the right to force the kind Mrs. MORELLA. Mr. Chairman, I rise showed a film of a suction abortion. He of violence on this child that I am con- in favor of the amendment offered by is a former abortionist who did thou- fronted with for this child. I believe it the gentlewoman from the District of sands of them. He showed this film, a is time that these women have some Columbia, a Member with great com- laparoscopy caught on videotape, a choice. passion for these poor women who are baby being dismembered literally limb We talk about how much we love so often the victims of domestic vio- by limb. That is the ugly reality that these children, but what happens to lence, incest, and other problems, who so often is sanitized by the rhetoric of them? What happens to these children need our help. choice. Abortion, Mr. Chairman, is vio- that are born unwanted, to HIV-in- Ms. NORTON. Mr. Chairman, I yield 1 lence against children. fected women, to drug-infected women? minute to the gentlewoman from Texas [Ms. JACKSON-LEE]. A few days ago, the world noted, Mr. What happens to these children? We do Ms. JACKSON-LEE of Texas. Mr. Chairman, and many of us mourned, not know what happens to them. They Chairman, I thank the gentlewoman the passing of a woman of very deep go out somewhere, into maybe foster from the District of Columbia for her compassion and love, Mother Teresa. I care. These are the children that are outstanding work on behalf of the Dis- think many also remember that at the doomed to poverty, doomed to the in- trict of Columbia. 1994 National Prayer Breakfast, Mother ability to have a decent life. And so that is not our choice. It is the choice I want to say that we love children, Teresa addressed thousands of people we love life. It is tragic that we have to who were assembled, including Presi- of the woman who finds herself in this unfortunate predicament. I would ask look to this tragedy of life when we dent Bill Clinton and Vice President find women in prison who have unfor- GORE. Few could listen to Mother Te- for support for the Norton amendment and I would not be influenced by the tunately been in desperate situations, resa and not be moved to believe that and we have to realize that 6 percent of in this small, frail, humble woman kind of language that does not really speak to the issue but simply inflames them come in pregnant when they there stood a very powerful messenger enter prison, abused and certainly suf- to directly speak to a President and on this issue. Ms. NORTON. Mr. Chairman, I yield 2 fering from physical or sexual abuse. Nation that had lost its moral com- Almost half of these women in the Fed- pass. minutes to the gentlewoman from the Virgin Islands [Ms. CHRISTIAN-GREEN]. eral penitentiary system are under the Mother Teresa said, and I quote, influence of drugs or alcohol. They b ‘‘Please don’t kill the child. I want the 2145 have limited prenatal care, isolation child,’’ she went on to say. ‘‘We are Ms. CHRISTIAN-GREEN. Mr. Chair- from family and friends, and the great fighting abortion with adoption, by man, I rise in support of this amend- tragedy of having this infant, if to care of the mother and adoption of the ment. term, to be lost to them forever, but, baby.’’ Mother Teresa further stated, Mr. Chairman, this is a part of a more importantly, incapable of taking and I quote, ‘‘The greatest destroyer of much larger problem, that of increas- care of them. peace today is abortion, because it is a ing numbers of women in prison and Abortion is legal. The right to life war against the child, a direct killing their need for medical and other care. and the right to choice are things that of an innocent child.’’ She then urged All too often these women are ignored. are not mutually exclusive. We want to all Americans and diplomats who were But beyond that, Mr. Chairman, I give life again to these women who assembled to more fully understand the think about the plight of the women I have been battered and abused. It is linkage of abortion with other forms of visited within our correctional facility unfair to deny them the simple medical violence. She said, and I quote, ‘‘Any at home a few months ago, and I re- procedure that would allow them as country that accepts abortion is not member my good friend and classmate well the rights of any woman who is in teaching people to love, but to use vio- Angela. I recall her incarceration and this United States of America. They lence to get what they want. This is the many visits I made to her to make are poor; they must not be abandoned. why the greatest destroyer of peace sure that her many medical needs were Mr. HYDE. Mr. Chairman, how much and love is abortion.’’ met. What about the increasing num- time do I have remaining? Mr. Chairman, the children of incar- ber of women in our prisons who do not The CHAIRMAN. The gentleman cerated women are of no less value have a doctor for a friend? from Illinois has 5 minutes remaining. than any other children. No child any- It is primarily for this reason why I Mr. HYDE. Mr. Chairman, I yield 30 where at any time, including unborn find the language of this bill before us seconds to the gentleman from New kids, is a throwaway. Being unwanted today banning the use of Federal funds Jersey [Mr. SMITH]. does not make you less human. It does for abortion services for women in pris- Mr. SMITH of New Jersey. Mr. Chair- not allow others to turn you into an on so troubling. Many female pris- man, just to respond briefly to the gen- object that could be killed with poison oners, as has been said, enter prison tlewoman from California, she talked shots or by dismemberment of your suffering from a myriad of physical and about being doomed to poverty, and of body. The children of the incarcerated psychological ailments, and many are course we all need to fight against pov- women are precious, and they deserve pregnant before they enter prison. erty and do whatever we can. But it our love and respect; again, not dis- I know, Mr. Chairman, that the issue seems to me that when we doom an un- memberment and poison shots. I urge of abortion is one that has deep reli- born child to a horrific killing of chem- Members of this body to vote ‘‘no’’ for gious and philosophical implications, ical poisoning or dismemberment of taxpayer funding for abortion, to vote and it also deeply divides many Ameri- that child, no matter how that is sani- ‘‘no’’ on the Norton amendment. cans. Notwithstanding the complexity tized by the pro-abortion crowd, that is September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7817 a very, very sleazy, terrible thing; and Mother Theresa said the great trag- There was no objection. that is not inflammatory, that is the edy is to say there is not room for one The text of the remainder of title I is truth. Read some of the text books and more little baby. as follows: the descriptions given by the abortion- Think of the baby. I will think of the SEC. 104. None of the funds appropriated ists themselves. That is just a simple woman, I will pray for the woman, I under this title shall be used to require any fact of what happens. will work to make conditions amelio- person to perform, or facilitate in any way Let us not hide from the reality and rated for them. Will my colleagues the performance of, any abortion. SEC. 105. Nothing in the preceding section the truth of what abortion is. please think of the little child for a Mr. HYDE. Mr. Chairman, I yield my- shall remove the obligation of the Director second? A second? of the Bureau of Prisons to provide escort self the balance of my time. Mr. Chairman, I yield back the bal- services necessary for a female inmate to re- The CHAIRMAN. The gentleman is ance of my time. ceive such service outside the Federal facil- recognized for 41⁄2 minutes. The CHAIRMAN. The gentlewoman ity: Provided, That nothing in this section in (Mr. HYDE asked and was given per- from the District of Columbia [Ms. any way diminishes the effect of section 104 mission to revise and extend his re- NORTON] is recognized for the balance intended to address the philosophical beliefs marks.) of individual employees of the Bureau of of the time, which is 11⁄2 minutes. Mr. HYDE. Mr. Chairman, some Ms. NORTON. Mr. Chairman, the Prisons. years ago there was a great defense SEC. 106. Notwithstanding any other provi- gentleman who just spoke eloquently sion of law, not to exceed $10,000,000 of the lawyer who worked out of Chicago. His of the unwanted powerless child who name was Charles Darrow, and he was funds made available in this Act may be used would be taken just a few blocks from to establish and publicize a program under known as attorney for the dammed be- this very Chamber, I beg to differ. Chil- which publicly-advertised, extraordinary re- cause he represented people who com- dren whose parents have not been near wards may be paid, which shall not be submitted serious crimes, capital crimes, prisons cannot be taken. We find no ject to spending limitations contained in Loeb and Leopold, and he was very suc- homes for them; and the children of in- sections 3059 and 3072 of title 18, United cessful in helping them escape the pen- States Code: Provided, That any reward of carcerated parents are more dammed alties of the law. If I were practicing $100,000 or more, up to a maximum of than those whose parents have not law and I could pick my clients, I $2,000,000, may not be made without the per- been incarcerated. The figures tell the would choose to represent the unborn sonal approval of the President or the Attor- story of what happens to foster chil- ney General and such approval may not be child of a woman who is in prison. I dren and children in prison, and the delegated. cannot think of a more humiliating, SEC. 107. Not to exceed 5 percent of any ap- more humble circumstance, more pow- figures do not lie. Now Mother Theresa might have taken them, but there are propriation made available for the current erless, more unwanted, more fiscal year for the Department of Justice in unthought about, more inconvenient not other takers out here. this Act, including those derived from the than a poor tiny little child. The gentleman would be the first to Violent Crime Reduction Trust Fund, may We did not hear much about the come to the floor if Planned Parent- be transferred between such appropriations, child. We heard about the women, and hood came forward to try to pay for but no such appropriation, except as other- God knows the woman is suffering and abortions for these children, to try to wise specifically provided, shall be increased has had the cards dealt to her from the deny them funds to pay for abortions by more than 10 percent by any such transfers: Provided, That any transfer pursuant to bottom of the deck, and needs and de- for these women. We are talking about voluntary abortions here, as always. I this section shall be treated as a reprogram- serves and must have our compassion, ming of funds under section 605 of this Act but for God’s sake, 10 seconds for the would prefer if there were a mechanism and shall not be available for obligation ex- little tiny child made in the image and for these women to have their children cept in compliance with the procedures set likeness for God. adopted, assuming there were people forth in that section. Forgive me, but I believe that little who would, in fact, adopt them. There SEC. 108. Section 524(c)(8)(E) of title 28, child is precious, has an immortal soul, are not people who will adopt a home- United States Code, is amended by striking has a destiny, and give that little child less child on the street today, and ev- ‘‘1996’’ and inserting ‘‘1997 and thereafter’’. erybody knows that. SEC. 109. (a) Section 1402(d)(2) of the Vic- a chance. Love that little child. There tims of Crime Act of 1984, (42 U.S.C. 10601(d)), ought not to be a deficit of compassion The notion of violence raised here in is amended— and of love, not a failure of imagina- this context is an amazing one indeed. (1) by striking paragraph (1); and tion. Think about that little tiny pow- What would of course be violent is (2) in paragraph (2), by striking ‘‘the next’’ erless human life that cannot vote, forced childbirth. That is what would and inserting ‘‘The first’’. cannot rise up in the streets, cannot be left here. All of the inflammatory (b) Any unobligated sums hitherto avail- escape, depends on the care and the debate about abortion has not reduced able to the judicial branch pursuant to the concern of those around. support for abortion in this country. It paragraph repealed by section (a) shall be deemed to be deposits into the Crime Vic- Now all this amendment does is is legal for women in society; it should tims Fund as of the effective date hereof and strike the part of the bill that says no be legal and accessible for women in may be used by the Director of the Office for Federal money to pay for abortions for jail. Victims of Crime to improve services for the people who are incarcerated in prison. The CHAIRMAN. All time has ex- benefit of crime victims, including the proc- That is all. It does not deny an abor- pired. essing and tracking of criminal monetary tion. God help us, if the woman wants The question is on the amendment penalties and related litigation activities, in to exterminate her unborn child, fine, offered by the gentlewoman from the the federal criminal justice system. the law does not forbid her, and the District of Columbia [Ms. NORTON]. The CHAIRMAN. Are their amend- prison will escort her to private prem- The question was taken; and the ments to that portion of title 1? ises; and if it is a question of money, Chairman announced that the noes ap- If not, the Clerk will read. let Planned Parenthood, which gets peared to have it. The Clerk read as follows: millions of dollars, pay for the exter- Ms. NORTON. Mr. Chairman, I de- TITLE II—DEPARTMENT OF COMMERCE mination, the killing, not of that little mand a recorded vote. AND RELATED AGENCIES clump of cells, not of the products of The CHAIRMAN. Pursuant to House TRADE AND INFRASTRUCTURE DEVELOPMENT conception, but that tiny little living, Resolution 239, further proceedings on RELATED AGENCIES breathing infant that, given a chance the amendment offered by the gentle- OFFICE OF THE UNITED STATES TRADE at life, might well be a human being woman from the District of Columbia REPRESENTATIVE who could save our country or compose [Ms. NORTON] will be postponed. SALARIES AND EXPENSES music or just be a decent citizen. Mr. ROGERS. Mr. Chairman, I ask For necessary expenses of the Office of the Do not be so pessimistic. There are unanimous consent that the remainder United States Trade Representative, includ- places that will take these children of title I be considered as read, printed ing the hire of passenger motor vehicles and the employment of experts and consultants within walking distance of this build- in the RECORD and open to amendment as authorized by 5 U.S.C. 3109, $21,700,000, of ing. Saint Coletta’s. There are care and at any point. which $2,500,000 shall remain available until counseling centers all over this coun- The CHAIRMAN. Is there objection expended: Provided, That not to exceed try. Birthright, they will take that lit- to the request of the gentleman from $98,000 shall be available for official recep- tle child. Kentucky? tion and representation expenses. H7818 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Mr. ROGERS. Mr. Chairman, I move Mr. HASTERT. Mr. Speaker, I yield Whereas Libya arms, trains and harbors that the committee do now rise. myself such time as I may consume. terrorists; The motion was agreed to. Mr. Speaker, I am very pleased to Whereas Libya was involved in the 1985 ter- Accordingly, the Committee rose; present this resolution on behalf of its rorist attacks on airports in Rome and Vi- and the Speaker pro tempore (Mr. enna that left 20 men, women and children, author, the distinguished gentleman including 5 American citizens, dead; HUTCHINSON) having assumed the chair, from Nebraska [Mr. BEREUTER] and the Whereas Libya is responsible for the deaths Mr. HASTINGS of Washington, Chairman distinguished chairman of the Commit- of two American soldiers in a 1986 terrorist of the Committee of the Whole House tee on International Relations, the bombing in Berlin; on the State of the Union, reported gentleman from New York [Mr. GIL- Whereas Libya is responsible for the deaths that that Committee, having had under MAN]. of 270 men, women and children, including consideration the bill (H.R. 2267), mak- Mr. Speaker, September 26 will mark 189 Americans, in the terrorist bombing of ing appropriations for the Departments the 52d anniversary of the conference Pan Am flight 103 in 1988; of Commerce, Justice, and State, the that established the post-war Austrian Whereas the Security Council of the Unit- ed Nations has imposed sanctions on Libya Judiciary, and related agencies for the government. House Resolution 217 rec- in response to its responsibility for the fiscal year ending September 30, 1998, ognizes the pivotal role played by the bombings of both Pan Am flight 103 and UTA and for other purposes, had come to no United States in the establishment of a flight 772; and resolution thereon. free and democratic Austria. It is par- Whereas those sanctions were put into ef- f ticularly fitting that the gentleman fect in the United States in 1986 by imposing RECOGNIZING IMPORTANT CON- from Nebraska [Mr. BEREUTER] be the of Treasury Department regulations, the violation of which may be punishable by a civil TRIBUTIONS MADE BY AMERI- author of this resolution as the only Austrian American currently serving penalty and by criminal penalties including CANS OF AUSTRIAN HERITAGE fine or imprisonment, and which among in the House. Mr. HASTERT. Mr. Speaker, I ask other things bar United States persons from Mr. BEREUTER. Mr. Speaker, as the author unanimous consent that the Commit- engaging in transactions relating to trans- of House Resolution 217, together with the tee on International Relations be dis- portation to and from Libya and from deal- distinguished chairman of the Committee on charged from further consideration of ing in any property in which the government International Relations, this Member urges of Libya has any interest; the resolution (H. Res. 217) recognizing support for this simple and straightforward Whereas Libyan leader Moammar Ghadafi the important contributions made by celebration of warm and cordial relations be- has called terrorist attacks that have left in- Americans of Austrian heritage, and tween Americans and the people of Austria. nocent men, women and children dead and ask for its immediate consideration. September 26 will mark the 52d anniversary wounded ‘‘heroic operations’’; The Clerk read the title of the resolu- Whereas Congress has gone on record in its of the conference that established the post- tion. opposition to the Libyan government, pass- The SPEAKER pro tempore. Is there war Austrian Government. Recognizing the ing laws that condemn Libya for supporting objection to the request of the gen- pivotal role played by the United States in the terrorism, list Libya among the countries tleman from Illinois? establishment of a free and democratic Aus- denied direct or indirect United States as- There was no objection. tria, the Government of Austria has declared sistance, authorize the President to prohibit The Clerk read the resolution, as fol- September 26, 1997, to be Austrian-American imports and exports to Libya, and ban investment in the Libyan oil industry; lows: Day. All around the United States, our State legislatures have followed suit, declaring Sep- Whereas Libya is dedicated to destroying H. RES. 217 the Middle East peace process; Whereas the United States and the Repub- tember 26 to be Austrian-American Day. Whereas the Department of State has relic of Austria have enjoyed close and friendly Because of the rules of this body, we are ported that Representative Earl Hilliard relations since the inception of the Republic not permitted to consider commemorative res- traveled to Libya in August without author- of Austria; olutions, or declare specific honorary days. ization of or approval from the Department Whereas 1997 marks the 50th anniversary of However, this body can certainly join with the of State; the Marshall Plan which was critically im- Government of Austria and the many State Whereas Representative Earl Hilliard has portant to the reconstruction of the Repub- legislatures to note the long and positive his- refused to confirm or deny whether he trav- lic of Austria and to the establishment of eled to Libya or offer an explanation for his friendly ties between the Republic of Austria tory of Austrian-American relations. That is precisely what this House Resolution 217 travel to Libya; and the United States; Whereas if Representative Hilliard did Whereas on September 26, 1945, a con- does. travel to Libya, his actions would be in di- ference of representatives of the nine Fed- Mr. Speaker, as perhaps the only Austrian- rect violation of United States policy toward eral states of the Republic of Austria was American presently to be serving in the Libya; held in Vienna that laid the foundation for House, this Member would urge adoption of Whereas this episode raises questions of the provisional Austrian Government and House Resolution 217. propriety regarding travel to Libya, Rep- the early elections in November 1945; and Mr. HASTERT. Mr. Speaker, I yield resentative Hilliard should explain his rea- Whereas a number of States have already sons for traveling to Libya and his activities proclaimed September 26, 1997, as ‘‘Austrian- back the balance of my time. The SPEAKER pro tempore. Without while there; American Day’’: Now, therefore, be it Whereas the Committee should inquire of Resolved, That the House of Representa- objection, the resolution is agreed to. Representative Earl Hilliard what individ- tives— There was no objection. (1) declares that the warm and cordial rela- A motion to reconsider was laid on ual, organization, government agency or tions between the people of the United other entity paid for his travel to and from the table. Libya and his expenses while in Libya; States and the Republic of Austria should f grow stronger; and Whereas Representative Hilliard has not (2) acknowledges the important contribu- ANNOUNCEMENT OF INTENTION TO disclosed whether he engaged in any trans- tions to the United States by Americans of OFFER RESOLUTION RAISING actions relating to his travel to and from Austrian heritage. QUESTION OF PRIVILEGES OF Libya, or in other transactions while in Libya; GENERAL LEAVE THE HOUSE Whereas these circumstances warrant an Mr. HASTERT. Mr. Speaker, I ask Mr. BACHUS. Mr. Speaker, pursuant immediate affirmation by the House of its unanimous consent that all Members to clause 2 (a)(1) of rule IX, I hereby unequivocal opposition to travel to Libya by may have 5 legislative days within give notice of my intention to offer a its members and to terrorism and the terror- which to revise and extend their re- resolution which raises a question of ist agenda pursued by the Libyan govern- marks on the subject of this resolution. privileges of the House. ment of Moammar Ghadafi; and The SPEAKER pro tempore. Is there The form of the resolution is as fol- Whereas Representative Earl Hilliard has conducted himself in a manner which is in- objection to the request of the gen- lows: tleman from Illinois? consistent with the dignity of the House and RESOLUTION DIRECTING THE COMMITTEE ON is not conduct appropriate to the House and There was no objection. STANDARDS OF OFFICIAL CONDUCT TO UNDER- The SPEAKER pro tempore. The gen- its members: Now, therefore, be it TAKE AN APPROPRIATE INVESTIGATION OF THE Resolved, That the House Committee on tleman from Illinois [Mr. HASTERT] is CIRCUMSTANCES SURROUNDING REPRESENTA- Standards of Official Conduct undertake an recognized for 1 hour. TIVE HILLIARD’S TRAVEL TO LIBYA immediate and thorough investigation of the (Mr. HASTERT asked and was given Whereas Libya is an unapologetic terrorist circumstances surrounding Representative permission to revise and extend his restate that openly supports, promotes and in- Earl Hilliard’s travel to Libya and report marks.) spires terrorists, back to the House. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7819 b 2200 the vast growth of women-owned firms women-owned firms, first in employ- The SPEAKER pro tempore (Mr. and the contrasting poor rate of pro- ment and first in sales. This unprece- HUTCHINSON). Under rule IX, a resolu- curement to these firms. dented growth of women-owned firms is tion offered from the floor by a Mem- With the procurement rate to happening in the 37th District of Cali- women-owned firms at less than 2 per- ber other than the majority leader or fornia, Mr. Speaker, which is my dis- cent, the need to explore the problems minority leader as a question of the trict, generating $105 billion in the Los women business owners are experienc- privileges of the House has immediate Angeles-Long Beach metropolitan ing in trying to obtain Federal con- precedence only at a time or place des- areas. tracts and to develop concrete solu- ignated by the Chair in the legislative This area ranks second out of the top tions to these problems has never been schedule within two legislative days of 50 metropolitan areas in the number, greater. employment and sales of women-owned its being properly noticed. Over the past decade, this country The Chair will announce the Chair’s firms. That sounds promising. Maybe. has experienced an explosion in the But, the rate of procurement for all designation at a later time. The Chair’s growth of women-owned businesses. determination as to whether the reso- women-owned businesses remains a The statistics speak for themselves. meager 1.8 percent, far below the 5 per- lution constitutes a question of privi- Between 1987 and 1996, the number of lege will be made at the time descent goal which was established in 1994 firms owned by women grew by 78 per- by Congress. ignated by the Chair for consideration cent, which is almost twice the rate of of the resolution. Mr. Speaker, we cannot allow this increase in the number of all U.S. discrepancy to continue. It is only PARLIAMENTARY INQUIRY firms, which is 47 percent. Sales in- hurting the strength of this Nation’s Mr. BACHUS. Mr. Speaker, I have a creased by 236 percent, nearly $2.3 tril- economy. We are not utilizing this hid- parliamentary inquiry. lion, and employment increased by 183 den resource within the business com- The SPEAKER pro tempore. The gen- percent. munity. tleman will state his parliamentary in- In the same time period, the number When the Government continues to quiry. of minority women-owned businesses contract with the same large compa- Mr. BACHUS. Mr. Speaker, presum- increased by 153 percent, which is three nies, America’s taxpayers lose money, ing that the interpretation is that this times the rate of overall business because when various agencies select resolution is an appropriate privileged growth in the United States, the rate their bid without real competition, it resolution, would that mean that the of employment by minority firms grew is highly unlikely that that bid is in- resolution will have to be considered by 276 percent, and revenues rose by 318 deed the least expensive, more effective within the next two days, meaning ei- percent. way of getting the job done. ther tomorrow or Friday? Between 1987 and 1996, the number of Mr. Speaker, tonight I speak for mil- The SPEAKER pro tempore. Under Hispanic women-owned firms grew 206 lions of women business owners rule IX, the Speaker will designate a percent, the number of Asian, Amer- throughout the country. I ask that we time on one of the next two legislative ican Indian and Alaska native women- recognize that tomorrow will be an his- days to address the matter. At the des- owned firms increased by 138 percent, toric day for women as we continue to ignated time, the gentleman will be and the number of African-American grapple with the notion of women busi- able to offer the resolution. The Chair women-owned firms increased by 135 ness owners and the lack of procure- cannot say how the House may con- percent. ment and meeting the goals Congress sider it. There are now approximately 8 million women-owned firms, providing has established. f jobs for 15.5 million people and generat- SPECIAL ORDERS ing nearly $1.4 trillion in sales. Women- f The SPEAKER pro tempore. Under owned businesses now employ 35 per- The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- cent more people in the United States previous order of the House, the gen- than the Fortune 500 companies em- uary 7, 1997, and under a previous order tleman from Illinois [Mr. EWING] is rec- ploy worldwide. of the House, the following Members ognized for 5 minutes. Between 1987 and 1996, the industries [Mr. EWING addressed the House. His will be recognized for 5 minutes each. with the fastest rate of growth for Mr. DAVIS of Illinois. remarks will appear hereafter in the women-owned businesses were in non- Extension of Remarks.] Ms. MILLENDER-MCDONALD. Mr. traditional fields. Women-owned firms Speaker, I ask unanimous consent to grew by 171 percent in construction, by f claim the time of the gentleman from 157 percent in wholesale trade, by 140 Illinois (Mr. Davis). percent in transportation-communica- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Is there tions, by 130 percent in agriculture, previous order of the House, the gentle- objection to the request of the gentle- and by 112 percent in manufacturing. woman from New York [Mrs. MALONEY] woman from California? In the same period, the same phe- is recognized for 5 minutes. There was no objection. nomenon of women-owned businesses [Mrs. MALONEY addressed the f growing at the fastest rate in nontradi- House. Her remarks will appear here- WOMEN OWNED BUSINESSES IN tional fields were even more astound- after in the Extension of Remarks.] AMERICA ing among minority women-owned businesses. These firms grew by 319 f The SPEAKER pro tempore. Under a percent in construction, by 276 percent The SPEAKER pro tempore. Under a previous order of the House, the gentle- in wholesale trades, and by 253 percent previous order of the House, the gen- woman from California [Ms. in transportation-communications and tleman from Wisconsin [Mr. NEUMANN] MILLENDER-MCDONALD] is recognized public utilities. is recognized for 5 minutes. for 5 minutes. Although the number of women- [Mr. NEUMANN addressed the House. Ms. MILLENDER-MCDONALD. Mr. owned firms has grown in every State His remarks will appear hereafter in Speaker, I am proud to announce that over the past several months, they the Extension of Remarks.] tomorrow will be an historic day for have exploded in the State that I rep- women business owners. For the first resent. In California, from 1987 to 1996 f time, women business owners from a the number of women-owned firms has range of professions will convene on grown by 78 percent, employment has The SPEAKER pro tempore. Under a Capitol Hill to share their stories with increased by 255 percent and sales have previous order of the House, the gentle- Members of the Congressional Caucus grown by 313 percent. Women-owned woman from Michigan [Ms. KIL- on Women’s Issues. My colleague, the businesses now account for more than PATRICK] is recognized for 5 minutes. gentlewoman from New York [Ms. one-third of all firms in California. [Ms. KILPATRICK addressed the KELLY], and I will cochair this unprece- As a result, California ranks first out House. Her remarks will appear here- dented bipartisan forum, addressing of the 50 States in the number of after in the Extension of Remarks.] H7820 CONGRESSIONAL RECORD — HOUSE September 24, 1997 The SPEAKER pro tempore. Under a across St. Croix converged on the fort ancestors. I invite all Americans to previous order of the House, the gen- under the leadership of Moses Gottlieb, join us in observance of this proud mo- tleman from Washington [Mr. who was called General Buddhoe. Their ment in American and Virgin Island METCALF] is recognized for 5 minutes. threat was to burn the island unless history. [Mr. METCALF addressed the House. immediate freedom was obtained. f His remarks will appear hereafter in In response to reports of the uprising, The SPEAKER pro tempore. Under a the Extension of Remarks.] Danish Governor Peter Von Scholten previous order of the House, the gen- rushed from the town of Christiansted f tleman from Illinois [Mr. RUSH] is rec- to confront the angry men and women ognized for 5 minutes. The SPEAKER pro tempore. Under a who had assembled and who had estab- previous order of the House, the gentle- [Mr. RUSH addressed the House. His lished a 4 p.m. deadline for his declara- remarks will appear hereafter in the woman from Georgia [Ms. MCKINNEY] is tion of emancipation. recognized for 5 minutes. Extensions of Remarks.] Surrounded and outnumbered during f [Ms. MCKINNEY addressed the his ride down King Street on his way to House. Her remarks will appear here- Fort Frederick, and encouraged by his CAMPAIGN FINANCE REFORM after in the Extension of Remarks.] mulatto mistress, Anna Haggaard, the The SPEAKER pro tempore. Under a f Governor issued his famous proclama- previous order of the House, the gen- tion: ‘‘All unfree in the Danish West tleman from Arkansas [Mr. SNYDER] is b 2015 Indies are from this day free.’’ He later recognized for 5 minutes. The SPEAKER pro tempore (Mr. repeated his statement from the ram- Mr. SNYDER. Mr. Speaker, once HUTCHINSON). Under a previous order of parts of Fort Christiansvern. again, my thanks to the staff here who the House, the gentleman from Florida Although the revolt ended with little are working late, as several of us have [Mr. DIAZ-BALART] is recognized for 5 loss of property or life due mostly to an opportunity to discuss these impor- minutes. the efforts of General Buddhoe, its key tant issues. Mr. Chairman, it is my opinion and [Mr. DIAZ-BALART addressed the players paid a high price. General the opinion of a great many Americans House. His remarks will appear here- Buddhoe himself was arrested and sent that while we live in the greatest de- after in the Extensions of Remarks.] away on a Danish man-o-war never to be heard from again. Governor Von mocracy in the history of the world, f Scholten returned to Denmark where our democracy and the way we cur- The SPEAKER pro tempore. Under a he was tried and found guilty of ex- rently conduct our business has some previous order of the House, the gentle- ceeding his authority and dereliction of major problems. Specifically, how do woman from the District of Columbia duty. we do our campaigns? How do we elect [Ms. NORTON] is recognized for 5 min- Mr. Speaker, the events of July 3d, our officials to come to Washington utes. 1848 are considered the second act of and do the people’s business? [Ms. NORTON addressed the House. self-determination by Virgin Islanders, Now, what is the specific problem? I Her remarks will appear hereafter in the first being the uprising in St. John will show my colleagues what the spe- the Extensions of Remarks.] in 1733, which brought that island cific problem is. This is going to be a f under African rule for 6 months. difficult number for me to read, be- The SPEAKER pro tempore. Under a So July 3d of each year is designated cause I do not know what this number previous order of the House, the gen- Emancipation Day, and commemorates is. I recognize $999,999. I can go one step further, $999,999,999. I can keep tleman from California [Mr. BILBRAY] this most important and significant is recognized for 5 minutes. event in our history. going to $999,999,999,999, and on and so. Mr. Speaker, it is also a significant The reality is, whatever number this [Mr. BILBRAY addressed the House. event in the history of our great Na- is, it is now legal for this amount of His remarks will appear hereafter in tion, because it was the first such proc- money to be donated to a political the Extensions of Remarks.] lamation on what would later become party, to a national political party. So f American soil, coming 15 years before if a person who had this kind of wealth President Abraham Lincoln would wrote out a check to the Republican COMMEMORATING THE ANNIVER- issue his famous Emancipation Procla- Party or the Democratic Party, it is SARY OF EMANCIPATION OF AF- mation freeing slaves in the Confed- completely legal to make this kind of RICANS HELD IN SLAVERY IN erate States during the Civil War. donation and it not be disclosed where THE DANISH WEST INDIES—THE There is irony as well as fate in the the money came from. UNITED STATES VIRGIN IS- fact that Emancipation Day precedes Well, many of us in this House, many LANDS the 4th of July, the day when America of us in America, think that is the The SPEAKER pro tempore. Under a celebrates its independence. These twin wrong way to finance campaigns, and previous order of the House, the gentle- days of celebration bind Virgin Island- on January 11, 1995, the President and woman from the Virgin Islands [Ms. ers and all Americans to an eternal the Speaker of the House, in a very fa- CHRISTIAN-GREEN] is recognized for 5 commitment to human freedom. mous garden shot, shook hands and minutes. We of this generation are heirs to committed themselves to campaign fi- Ms. CHRISTIAN-GREEN. Mr. Speak- Valley Forge and Frederiksted and the nance reform. Since that time, we have er, this evening I rise to bring to the great tradition of sacrifice and suffer- not seen much action. attention of my colleagues and fellow ing in the cause of freedom. Future The President is firmly committed to Americans that July 3, 1998 will be the generations must bless and cherish the signing meaningful campaign finance 150th anniversary of the emancipation memory of General George Washington reform, and as someone from Arkansas of Africans held in slavery in the Dan- and General Buddhoe and keep the fires who was in the State Senate and ish West Indies, now the United States of freedom burning. worked with then Governor Clinton Virgin Islands, the district which I rep- To recognize this great event, the when he was in Arkansas, I know of his resent in the 105th Congress. Governor of the Virgin Islands has is- commitment to campaign finance re- Mr. Chairman, there are few mo- sued a proclamation calling for a form and ethics reform. He had an ex- ments in human history as dramatic month-long celebration beginning June perience when he was in Arkansas of and inspiring as those that took place 1, 1998 to July 5, 1998, culminating in a calling a special session of the legisla- in the town of Frederiksted in St. week-long observance from June 29, ture in order to get ethics reform for Croix on the 2d and 3d of July, 1848. 1998 to July 5, 1998. lobbyists’ disclosure, having that effort The story is one of courage and deter- Mr. Speaker, in recognition of this I thwarted in the State legislature in the mination on the part of a people to live will shortly introduce a resolution in committee vote when that was the sole free and risk death in the process. the House and seek the support of my purpose of calling the session; and he Historians tell us that at the sound colleagues in recognizing the 150th an- took the issue to the States and initi- of the conchshell, the unfree from niversary of the emancipation of my ated that to get signatures working in September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7821 conjunction with organizations like Mr. Speaker, my first issue has to do the past has taken 5 hours and given Common Cause and others, got the sig- with a trip that I took this past week- those surgeons the real-time capability natures, took it to the vote of the peo- end to South Africa. It was a very dif- of looking at that child’s brain image ple, and in 1990, it passed. The Presi- ficult weekend. I left Washington on in 3 seconds. dent is committed to cleaning up the Thursday and flew 22 hours to Durban, We want to give that same speed and problems in our democracy. South Africa, and returned Monday to capability of using data in the health If the President is committed to it, be able to be here for votes on Tuesday. care field to every medical institution then where is the problem? I see the The reason I went to Africa, Mr. in our region, but we want to do more problem, Mr. Chairman, as being the Speaker, and to Durban, was because than that, Mr. Speaker. In fact, we leadership in this House; specifically, the African Association of Physio- have two initiatives underway in the the Republican leadership that will not logical Sciences and the South African region, one of which is to market the let us bring this type of legislation to Physiological Society invited me to de- health care services of the four-State the floor. Since we have convened in liver the keynote speech at the con- region worldwide, and to market the January, we have had approximately 85 ference representing those health care Delaware Valley four-State health care bills filed, but we have had no hearings professionals throughout the African network as the world’s health care re- on any bill, we have had, obviously, no nations as they assembled for their an- source center. We want to establish not bills passed, and so we find ourselves as nual conference, and in the case of the just this fast supercomputing capabil- we are talking now about winding other organization, their biannual con- ity within the four States, but we have down this first year, this first session ference. already agreed with the Shanghai Gov- of this Congress, making no progress The purpose of the session was to ernment to establish a direct satellite on campaign finance reform, and I convey what is happening in the tech- linkage to Shanghai as they are in the think that is a mistake. I think it is nology area relative to this country process of now developing smart capa- wrong, and I think the American peo- and how it could assist Africa with the bility there. And also we want to estab- ple want something different. terrible problems they have with their lish that same capability for the Afri- My own preference in all of these medical care delivery. I was asked to can continent, and specifically to the bills is the Hutchinson–Allen bill, this give the keynote speech because of a African health care system. is the gentleman from Arkansas [Mr. major initiative that we are involved Now, I am going to Africa, and I HUTCHINSON] and the gentleman from in in the Philadelphia area, including would ask unanimous consent, Mr. Maine [Mr. ALLEN]. And it is the fresh- the States of Pennsylvania, New Jer- Speaker, to enter into the RECORD the man, bipartisan bill, Mr. HUTCHINSON sey, Delaware, and Maryland, to create letters of invitation that I received being a Republican, Mr. ALLEN a Demo- the first smart region in America, and from the African medical leadership. crat, that has seriously looked at the in fact, in the world. problems and has tried to do the do- AFRICAN ASSOCIATION Over the past 2 years we have worked OF PHYSIOLOGICAL SCIENCES, able, and what it specifically does is on a project that is known as HUBS, ban the soft money, to do away with Lexington, KY, July 12, 1997. which stands for hospitals, universities Hon. Dr. CURT WELDON, the potential of these huge, huge and businesses and schools, to link all U.S. Congress, checks, the kinds of several-hundred- of these institutions through an ag- Washington, DC. thousand-dollar, even million-dollar gressive, large, fiberoptic network into The African Association of Physiological checks that sometimes come into po- one major supercomputing center, as Sciences (AAPS) was founded in 1989 in Hel- litical parties. well as 14 satellite sub-HUB centers sinki, Finland, by the African delegates to No one likes raising money. I do not the XXX Congress of the International Union throughout the four-State region, and of Physiological Sciences (IUPS), the most know of any politician that likes rais- in doing so to be able to provide the ing money. My own feeling is that rais- important and prestigious international or- storage and capability of high-speed ing money makes you weird. Raising ganization of this all important field in the transportation of data so that our medical science profession. money just does weird things to elected health care institutions, our schools, AAPS is a non-governmental, non-profit officials. But for parties to raise those our colleges, can, in fact, provide bet- making organization that aims to unite the huge donations makes our democracy ter use of the Internet and information entire African scientific communities, espe- weird. It distorts the system, it disillu- for our citizens. cially those involved in active research into sions the citizens, and we have to do In fact, one example in the health and/or teaching of human or animal physiology in Africa. The Association primary ob- something better. care area of what the benefit of this So, Mr. Speaker, let me finally say, I jective is to advance physiological sciences, kind of an instrument will be is best do not want to see a check someday bring it to cutting edge that has been left be- evidenced by the example of what the come in made out to a political party hind in global human scientific discoveries for $1 billion. I do not want to see University of Pennsylvania has been in the last 5 centuries. It is our earnest hope that through this, we will bring medical checks come in to a political party for able to do just within the last 2 years in terms of our HUBS project. The Uni- sciences practice in the African continent to $500 million. We need to step forward. the way it should be practiced in the 20th The Republican leadership needs to let versity of Pennsylvania has been, in fact, the primary processor for the im- century and the 21st century! this body consider campaign finance AAPS held his first scientific congress in reform legislation, needs to let us vote aging data collected from an MRI unit Nairobi, Kenya in 1992 with the participation on it, needs to let us debate on it, by the Children’s hospital in Philadel- of 800 scientists from 40 countries, nearly all needs to let us move ahead with what phia so that when a child would under- from Africa. the American people want: clean elec- go brain surgery, the imaging data Due to our active pursue of excellence, and tions and a much-improved system of from the MRI unit would be processed our inclusive policy of welcoming all sci- by the computers at Penn, which are entists of the world, especially those from electing public officials. the African continent, AAPS was admitted f very sophisticated, high-speed computers. In spite of their speed, it would as a regional member by IUPS in 1993 and TRIP TO SOUTH AFRICA presently has over 2000 members from every normally take the Penn computers 5 country in Africa. We are very proud to say The SPEAKER pro tempore. Under hours to process the imaging data so that this makes it the largest and probably the Speaker’s announced policy of Jan- that the surgeon could have a look at most significant scientific association in Af- uary 7, 1997, the gentleman from Penn- that child’s brain prior to surgery. rica. sylvania [Mr. WELDON] is recognized for Partly because of the effort that we The second congress will be held in Dur- 60 minutes as the designee of the ma- started and the fact that Penn’s lab is ban, South Africa, September 21–24, 1997. It jority leader. now connected to the fat pipe super- will be the honor of not only our large con- Mr. WELDON of Pennsylvania. Mr. computing center in Illinois, Chicago, gress, but by extrapolation the entire sci- and in San Diego, we can now process entific community of Africa if you, as the Speaker, I, too, want to thank the staff technological, educational and international for bearing with me as I attempt to ad- that same data for a child’s brain sur- relations champion in the United States dress two key issues that I think are gery procedure in 3 seconds. So we have Congress, could bestow us the honor of ac- extremely important to this country. I taken, because of the speed and the ca- cepting our invitation to deliver the keynote hope not to take the entire hour. pability, the processing of data that in address at this congress. H7822 CONGRESSIONAL RECORD — HOUSE September 24, 1997 I have been informed by Professor K.J.R. Ladybrand, South Africa, July 16, 1997. logical societies to become the patron Abaidoo, Director-General AFRET and Ad- Hon. Dr. CURT WELDON, of what is called AFRET. viser to the Government of Lesotho on U.S. Congress, Health, that upon hearing the possibility of Washington, DC. b 2230 having you as the keynote speaker, the Vice YOUR EXCELLENCY, It would be an under- AFRET is a newly emerging tech- President of the Republic of South Africa, statement to assert that your reputation as nology linkage between the major a champion of the Sciences, Technology, the Honorable Thabo Mbeki, has agreed to health care teaching institutions in serve as your host while you are in the coun- Education and International Relations have try. They are also trying to arrange a meet- permeated every corner of the globe. Those each of the major African nations. So ing between you and your entourage to meet of us, who have keenly followed your tre- in going to Africa on Saturday, prior to with His Excellency Nelson Mandela. mendous career and endeavours feel a cer- giving the keynote speech at the con- For your information, subsequent AAPS tain definable closeness with you even ference of the medical professionals of congresses will be held as follows: though we are thousands of kilometers away Africa, I sat down and in fact helped 2000—Nigeria. from your immediate constituency. It is in work out what is going to be a formal 2004—Sudan. these regards that we feel this extraordinary process that hopefully will get funded honour to be associated with you in this Af- 2008—South Africa. which will provide the first technology 2012—Tanzania. rican endeavour, whose ultimate objective is to strengthen Medical Education and Health linkage between every one of the 92 The idea of setting up an African Regional teaching hospitals in every nation in Training Center for the Basic Medical Care delivery in the African Region. We would be greatly honoured if your Ex- Africa. Sciences (AFRET) was conceived at the cellency would consider becoming the Pa- AAPS meeting in Nairobi, as an attempt to In addition, we will move to establish tron of AFRET. Your association with this address the major concerns for the African a linkage through the satellite sys- worthy continental cause would unquestion- medical education system. tems, so we in fact can provide the ably be an invaluable boost in our efforts to AFRET is a regional resource sharing fa- same kind of capability being used in stimulate African Heads of State to these cility established to support the basic medi- enormous responsibilities that they are un- our medical centers to help the medical science teaching needs of African medical doubtedly capable of. cal centers in Africa reach out to all of schools. It’s major objective is the training His Excellency, Mr. Thabo Mbeki, Vice- the people who in many cases are suf- of suitably qualified Africans in the dis- President of the Republic of South Africa fering under very severe limitations ciplines of anatomy, biochemistry, biostatis- has been alerted of your participation in the tics, epidemiology, microbiology, phar- relative to their health care system. AFRET and AAPS Congresses in Durban In forming this initiative called macology, and physiology. (September 19–25) and requested that he host It is a regional support program designed AFRET, I took along with me, Mr. your presence in the country. Arrangements Speaker, on the trip three major re- to strengthen the basic medical sciences and are being made to ensure that you will also the quality of medical training, to meet cur- have the opportunity to meet the President, gional leaders who are involved as cut- rent and projected basic medical science Mr. Nelson Mandela. Your vibrant voice in ting edge leaders in health care initia- teaching needs of African medical schools. the cause of African health development will tives worldwide: the assistant dean of The AFRET congress in Durban, Septem- certainly echo throughout the continent and the College of Graduate Studies at ber 19–21, 1997, will focus on how to effec- muster the kind of financial support needed Thomas Jefferson University, Dr. tively begin the activities of the center. to realise the noble aspirations of AFRET. Leonard Rosenfeld; the associate dean The Center will embark on the following May I ask your Excellency to commu- for international affairs at the Medical activities: nicate with me in this regard at your con- 1. Network teaching of basic medical venience but timely enough for specific ar- School of the University of Pennsylva- science across the region to support the im- rangements to be concluded. nia, Dr. Donald Silberberg; and the vice mediate teaching needs of all African medi- Yours sincerely, provost for education at Allegheny cal schools. Prof. K.J.R. ABAIDOO, University for the Health Sciences, Dr. 2. Graduate academic programs (MSc/Ph.D) Adviser on Health (Government of Gerald Kelleher. to be carried out in designated centers of ex- Lesotho), These three doctors, traveling with cellence in the region. Director-General, AFRET. me to Africa, represent over 75 of the 3. Specially designed programs for short- Nation’s finest medical institutions, term fellows and scholars. MEMORANDUM and involving themselves in the meet- 4. Workshops and seminars. To: Douglas D. Ritter, Chief of Staff, Con- ings that I chaired, they made solid 5. Evaluation, research and development gressman Curt Weldon. activities as they relate to basic medical From: Leonard M. Rosenfeld, Ph.D., Assist- commitments from their institutions sciences. ant Dean, College of Graduate Studies. to involve themselves in the develop- 6. Consultation and technical support to Date: 5 September 1997. ment of this new AFRET system. In African medical school. Re: Visit to African Regional Training Cen- fact, all three of them have been named 7. Publication of learning resources and ter, African Association for Physio- to the 21-member advisory council that materials. logical Science, Durban, South Africa. would oversee the development of the 8. Maintenance of a resource library. The delegation of representatives of re- AFRET system. 9. Promotion of staff development and in- gional academic health centers which will In fact, Mr. Speaker, in working with service training. accompany Congressman Weldon on his trip to South Africa includes: the African medical leadership in de- Dear Honorable Curt Weldon, as medical ciding who would be the 21 members of practitioners, educators and scientists for Leonard M. Rosenfeld, Ph.D., Assistant Africa, our journey is a very long, and indeed Dean, College of Graduate Studies, Thomas the council, we have tapped some of very arduous one. Even so, the longest jour- Jefferson University. the finest health care leaders, not just ney will always begin with a first step. We Donald Silberberg, M.D., Associate Dean in the U.S., and six of the council mem- see AAPS and the AFRET initiative as steps for International Affairs, Medical School, bers will be from the States, not just aimed at propelling the continent forward in University of Pennsylvania. three from the Philadelphia institu- Health care delivery. Gerald J. Kelliher, Ph.D., Vice Provost for Education, Allegheny University for the tions, but also representatives of the We hope that you, with your worldwide University of Michigan, Oklahoma reputation as one of the most farsighted Health Sciences. Our backgrounds cover the range of basic State University, and Duke Univer- leaders of the most industrialized and hu- medical science. I am a physiologist; mane nation of the world that you will allow sity’s health care systems, but also re- Silberberg a neurobiologist; Kelliher a phar- your reputation and gesture to assist us in spected medical leaders from Finland, macologist. this exciting trip for Africa into the new mil- from Germany, from Sudan, Nigeria, lennium. This will also be consistent with Not only was I to give the keynote Ghana, and from a number of other in- your efforts to make available healthcare speech about technology linkages to stitutions throughout the African con- system from your region to the large number the American health care system, tinent. of citizens of the global village. We want to namely the HUBS project that we are These 21 council members represent have a share in your vision, as we see it as working on, as well as all of the medi- all of the regions of Africa, and are the only way to forge ahead. cal breakthroughs that we are involved helping us to put into place both the Sincerely, KAYODE ADENIYI, Ph.D., in, telemedicine, distance learning, vir- bylaws and the working documents rel- Professor of Physiology, tual surgery and so forth, but also, Mr. ative to this AFRET system. University of Jos, Nigeria, Speaker, I was there at the request of We estimate the cost of bringing Secretary General, AAPS. the two leaders of the African physio- AFRET into reality is approximately September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7823 $600,000 over the first 3 years. That is a become the network location where we haps confirm what has been alleged in very modest amount of money when we can have a downlink capability that the American media, that Israeli intel- talk about the benefits it will provide would ultimately reach all 92 medical ligence is actually seeing documents the people of Africa who are suffering institutions throughout Africa, and that prove that actual agreements so much in terms of a lack of proper eventually become the high-capability have been signed between the Russian medical care. technology center for the continent of space agency and the Iranian agency It will allow us to train their doctors, Africa and for South Africa itself. building the medium-range missiles. to help train their nurses, to do ‘‘train Mr. Speaker, I would ask our col- Why is that so significant and impor- the trainer’’ sessions, to provide tech- leagues to become briefed on this ini- tant to us? It is important to us be- nical resources for every one of the 92 tiative, to lend their support to this cause we are the country pouring sig- institutions that are involved in medi- very worthwhile effort, so we can bene- nificant amounts of dollars into the cal and health care education in each fit both the people of the African con- Mir Space Station program which is of the African nations. It will also tinent and the individual nations in Af- overseen by the Russian space agency, allow us to send post-docs over to Afri- rica, but also benefit our health care meaning American tax dollars are ca to do their training, to provide capa- systems that are looking to establish going into the Mir space program, bilities through distance learning and new linkages around the world. overseen by the agency that is also in- telemedicine that the African health Mr. Speaker, the second issue that I volved in contractual relationships care community would not have access want to talk about this evening is one with Iranian firms building medium- to. that I have addressed many times on range missiles. In fact, the Chair of this council is the floor of this body, and one which I The problem with that is, Mr. Speak- the dean of the medical school in think is certainly troubling to me as er, in effect, American taxpayers may Zimbabwe. His name is Dr. Mufanda. an elected official and as someone who in fact be subsidizing illegal treaty vio- He in fact is going to be leading this ef- works on issues involving the former lation actions involving Russia with fort, which is largely under the control Soviet States. This issue has to deal Iran. That is totally unacceptable. of the African health care system lead- with two major news stories that have In fact, Mr. Speaker, at last week’s ers. dominated the national media for the hearing in the Committee on Science I Mr. Speaker, I am excited about this past several weeks, and which have raised the issue publicly that in 1993 opportunity because it provides several raised very troubling concerns among the administration witness before our opportunities for us. Obviously, it is both Members of Congress and the ad- committee, in discussing our involve- helping Africa to empower its own ministration and peace-loving people ment in the Mir program, said on the health care system to meet the needs around the world. record that what would guide our in- of its citizens, which are largely going First of all, Mr. Speaker, signifi- volvement in the Mir program would be unmet, into the 21st century, and to cantly spread throughout the news of Russia’s adherence to the Missile Tech- help accomplish that we are establish- this country in our cities and even over nology Control Regime, better known ing a network of parliamentarians and in foreign countries, especially in Is- as the MTCR. ministerial leaders from each of the Af- rael, has been the information that has So here we have the administration rican nations to work with us to pro- linked Iran’s missile technology devel- testifying in 1993 that we will cooper- vide the solid support for this AFRET opment program with Russia. In fact, ate with Russia in this joint project, network. We are also networking with there have been reports that have been but only if Russia complies with the all of the professional medical societies widely reported that the Russians have Missile Technology Control Regime. In in Africa to get their support. been actively working directly with fact, Mr. Speaker, the facts are that In addition, we are identifying as we Iran to help them develop a modifica- since 1993 Russia has violated the speak the major American contractors, tion of their SS4 missile. MTCR seven times. Seven specific the pharmaceutical companies who are Why this is so significant, Mr. Speak- times transfers of technology that are today doing business in Africa so they er, is the fact that if in fact Iran devel- covered by that treaty have left Rus- can help us establish this system and ops this capability, which we have sia, and those violations have not in this network. every reason to believe they are doing fact been called by this administration. The benefit to America is also sig- right now, within the next 2 to 3 years No sanctions have been imposed, no ac- nificant. Not only will we be doing sig- Iran would then have the capability of tions have been taken, as are required nificant amounts of work to assist the a medium-range missile, a medium- by that treaty. My point is, Mr. Speak- African people to improve the quality range sophisticated missile unlike the er, what good is a treaty if we are not of their health care and their health Scuds that Iraq used in Desert Storm, going to enforce it? care education, but Mr. Speaker, we that would be capable of hitting any So here we have Iranian-Russian co- will also be opening new doors and new part of Israel, any part of the Middle operation on the SS4 program. That opportunities for the American health East; in fact, any part of a 1,200 mile has received a lot of attention. In fact, care system. Many of our institutions radius around Iran. This would be a the people in Israel, and Binyamin have been suffering dramatically be- missile that would be capable of carry- Netanyahu himself has spoken on this cause of the cutbacks in State and Fed- ing a chemical, a biological, a conven- issue repeatedly, are extremely con- eral funding. Many of them are having tional weapon, or a nuclear weapon. cerned because of what this new di- to close their doors. In speaking to In addition to those nations, many of lemma presents to the people of Israel many of these leaders, I have told them whom are our allies and friends, it and the people around Iran who in fact they have to find ways to grow their would also be capable of being pin- could be hit by these missiles. markets. The way to grow the market pointed onto American troops who are The second news story, Mr. Speaker, for the American health care system is today involved in various operations in that has received a lot of attention, in to provide health care consultation and those nations within the range of the fact, that was the subject of a ‘‘60 Min- services not just to people in America, Iranian missiles. utes’’ story 2 weeks ago, was the issue but to people around the world. This What is so troubling, Mr. Speaker, is of a conversation that I had with Gen- outreach effort to Africa is an example the fact that Iran has not developed eral Lebed in Moscow in May of this of how we can do that in a cooperative this capability on their own. In fact, year. way. the evidence is that Iran has developed Mr. Speaker, I met with General Mr. Speaker, I am excited about what this capability with the strong, direct Lebed twice this year. The first time occurred this past weekend. The pros- cooperation of Russia. was in January in Washington for 2 pects I think are outstanding. We also In addition to providing the direct hours. The second time was in Moscow met with the government leadership of cooperation of Russia, we have evi- in the office of his campaign organiza- Pretoria, in fact proposing to them dence, in fact, Mr. Speaker, that we are tion, again for 2 hours, at the end of that Pretoria and Johannesburg, which now trying to investigate thoroughly, May. are already looking at high-speed high- in fact, I was at a closed CIA briefing On that trip, Mr. Speaker, I had six capable telecommunications, that they today on this, that would in fact per- of our colleagues. We were meeting H7824 CONGRESSIONAL RECORD — HOUSE September 24, 1997 with General Lebed without the media, in fact provide the same effectiveness situation in Russia is such that Rus- without any reporters in, a very low- as seven artillery battalions. sia’s leadership know where they are key, informal way to get his assess- b 2245 and have full control of all the ones ment on the ability of Russia to con- that were built. trol its nuclear stockpile, and to also It could destroy a major portion of Now that is extremely troubling, Mr. give us his insights as to whether or one of our cities in this country. It Speaker. Because if that is the case, not there was in fact any problem with could kill tens if not hundreds of thou- that means the black market has been the control of Russia’s strategic mate- sands of people wherever in fact it was or could be right now and have been rials, and what the status of Russia’s activated. looking for the ability to buy one of military in fact is at this point in time. Now, do we know that Russia in fact these devices, pay the right price, and As we all know, General Lebed is one or the Soviet Union in fact built these use it for a terrorist act. of the most respected generals who has devices? Absolutely, without question. Now these are the two major stories served in the Soviet military. He was a Do we know and do we have the assur- that have been dominating our news command officer, actually, in helping ance that the current leadership of relative to our concerns with Russia to solve the Chechen uprising, and who Russia knows where they are? We do over the past several weeks. Now, all of in fact was Boris Yeltsin’s point person not. We do not have the assurance to a sudden, Mr. Speaker, the administra- on defense for a period of time. know that Russia in fact has a full action has said they are shocked. The In meeting with General Lebed, he counting for these nuclear devices. President says he is shocked that Rus- went through a number of issues with General Lebed has said to me and he sia would be cooperating with Iran on us, giving us his feelings about the has said publicly in ‘‘60 Minutes’’ that developing the SS–4 medium-range level of control of Russia over their nu- he thinks that Russia does not have missile. clear arms, their nuclear devices, as control of these devices. Now, as we ex- The administration has said it is con- well as the status of the conventional pected, the immediate response from cerned that Russia may, in fact, have and strategic military forces. the Russian Government and from suitcase size nuclear devices that they All of what General Lebed discussed President Yeltsin and from may not know where they are; even with us I wrote up into our trip report, Chernomyrdin and the other leaders in they said that they believe that Russia which became public record about a Russia and the military command op- knows where they are. They cannot month after the trip ended, and which eration was, ‘‘That is not true. General verify that, but they believe it. was picked up by the producer of ‘‘60 Lebed does not know what he is talk- My point today, Mr. Speaker, is, why Minutes.’’ In August I was called by ing about. He never had the ability to is the administration shocked? Why are they shocked, when for the past 4 the producer of ‘‘60 Minutes’’ and asked know where these nuclear devices or 5 years we have repeatedly on this if I would repeat what General Lebed would be located. He never would in floor, in the House Committee on Na- told me in that interview that we had fact have been able to find out whether tional Security and in every possible in May. or not Russia had these under control. The subject of the ‘‘60 Minutes’’ piece Therefore, he is not an authority to be opportunity cited example after exam- then became the fact that General able to speak on these devices.’’ ple of where this administration has ig- Lebed said that one of his responsibil- Mr. Speaker, after going through a nored violations of arms control agreements, ignored them, where we know ities as Boris Yeltsin’s chief defense significant amount of briefings by our the Russians and the Chinese and other policy analyst and adviser was to ac- intelligence communities, after having countries have in fact violated the mis- count for 132 suitcase-sized nuclear de- talked to a number of people who are sile technology control regime, have vices, nuclear bombs, that were built aware of this issue, I say that I am not violated other arms control agree- by the Soviet Union to be used in the convinced. In fact, Mr. Speaker, I can ments, and we have not followed up ac- case of an attack on that country, or to assure our colleagues tonight that we tion to go deal with that. are not confident that Russia has con- be used to bomb cities or to cause ter- Why, then, is this administration trol of these nuclear devices, nor are rorism in areas where the Soviet Union shocked? In fact, my feeling is, Mr. felt they had to take action because we sure that Russia has control of its Speaker, that the administration is the they were being threatened, or because strategic arsenal. And I will get into reason why we have the growing prob- something was perhaps leading to an some of these items in a moment. lem today of the lack of security as to armed conflict. In fact, Mr. Speaker, since the article where Russia’s nuclear devices and General Lebed said his responsibility and the ‘‘60 Minutes’’ piece and other strategic arms are. The administra- was to account for these devices, and in articles ran on the subject of the nu- tion’s lack of strong and solid and con- fact, of the 132, he could only account clear suitcases, another prominent sistent enforcement of arms control for 48. Mr. Speaker, that is a very trou- Russian, Alexei Yablokov, who is one agreements, which they maintain are bling statement. That is not the only of the most outspoken Russian leaders the basis of our bilateral relationship, troubling statement that General in Moscow today, who himself was on is the very reason why Russia today is Lebed gave to us, but it certainly is a Boris Yeltsin’s staff, who was a key en- transferring technology, seeing nuclear troubling one. In fact, he was saying vironmental advisor to Boris Yeltsin, devices being sold or attempted to be that the Soviet Union built 132 suit- who has been very critical of the Min- sold, missile material being stolen, at- case-sized nuclear bombs, each with a istry of Atomic Energy, wrote an arti- tempts to buy long-range rockets, and capability of one kiloton, and yet could cle in one of the leading Russian jour- in fact seeing Russia in a state today only account for 48. He had no idea nals just last week where he in fact that could in fact pose a threat for where the others are, as he said to us said that he thinks General Lebed was peace-loving people everywhere. when we asked him that question. correct, that in fact Russia produced I want to get into some of the spe- What is the capability of one of these these devices. cific examples that would lead me to suitcase devices? By the way, we have Mr. Yablokov, who I know person- believe that this administration should very complete descriptions of them ally, who I had testified before my not have to wonder why and should not which appeared in the Russian media committee 2 years ago here in Wash- act surprised that Russia has been in an article in 1995 describing these ington on the issue of Russian nuclear working with Iran, that in fact loose nuclear suitcases in great detail. A tac- waste and how we could assist Russia nuclear suitcases in fact could be out tical nuclear weapon with a yield of 1 in that problem, Mr. Yablokov has said there. Let us talk about arms control kiloton, which is equivalent to 2.2 mil- also that these devices were also under violations. lion pounds of TNT, could kill as effec- the control of what used to be the KGB, Mr. Speaker, December 1995, front tively as seven artillery battalions. the Russian security forces. page story in the Washington Post. The One suitcase-sized bomb automatically So we have General Lebed and now front page story in the Washington being able to discharge itself through Mr. Yablokov and others saying pub- Post in December 1995, the headlines the mechanism that is in the bomb it- licly that Russia built these devices screamed, ‘‘Jordanian and Israeli intel- self, activated by two individuals who and, in fact, they as Russians do not ligence intercepts accelerometers and knew how to operate the device, could believe that the command and control gyroscopes going from Russia to Iraq.’’ September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7825 I was in Moscow in January 1996. I missile under the guise of a ‘‘space launch As you know, in September 1993 we con- met with Ambassador Pickering, who vehicle.’’ cluded a Memorandum of Understanding was our ambassador at that time, at If nonproliferation agreements are to have with Russia on the control of missile equip- his office at the embassy; and I said, any meaning, they must be aggressively en- ment and technology. We also successfully forced through careful monitoring and the worked with Russia to meet the require- ‘‘Mr. Ambassador, what was the reac- application of sanctions for violations. I be- ments for Russian membership in the 28-nation of Russia when you asked them lieve that the Russian shipment of missile tion Missile Technology Control Regime. about the Washington Post story about components deserves a forceful response I agree with you that for our nonprolifera- the accelerometers and gyroscopes that from the United States, and I am deeply tion agreements to have meaning, they must the Israeli and Jordanian intelligence troubled by the U.S. government’s apparent be fully enforced. For this reason, we have people found going from Russia to inaction in this regard. I would appreciate made clear to the Russian Government our deep concern about the shipment of missile Iraq?’’ Ambassador Pickering said, answers to the following questions in that regard: guidance components interdicted in Jordan ‘‘Congressman, I have not asked them 1. Has the United States demanded from on its way to Iraq. We fully expect Russian yet.’’ I said, ‘‘Mr. Ambassador, why the Russian government a detailed expla- authorities to investigate this case and pro- haven’t you asked them? nation of the attempted shipment of gyro- vide us the details of their investigation as Accelerometers and gyroscopes are scopes and accelerometers to Iraq? If so, well as take steps to preclude similar inci- very sophisticated, very expensive de- when did this occur and through what chan- dents in the future. vices that are small that provide the nels? If not, why not? As this case points out, Russia needs to 2. Has the Russian government responded, continue to strengthen its new export con- guidance systems for long-range mis- trol system. That is why, with the support of siles. So that if Iran or Iraq could in and what was the substance of the response? Does the Administration find it credible? Congress, we are providing export control as- fact develop a medium- to long-range 3. Do you believe that this shipment oc- sistance to the Russian Government. I be- missile, having Russian guidance sys- curred with or without the knowledge of the lieve that our continued engagement with tems would allow those missiles to be Russian government, and what does your an- Russia on export control issues is the key to very accurate. So I would think it swer imply about Russia’s willingness or long-term improvement on their part. I appreciate hearing your views on this im- ability to advance the U.S. nonproliferation would be logical that we would ask portant issue. agenda? Russia why were these devices going Sincerely, from your country to Iraq when that is 4. Why have sanctions not been imposed on Russia as a result of this attempted transfer BILL CLINTON. a violation of the missile technology of MTCR-prohibited missile components? Mr. Speaker, the President’s response control regime? You are not allowed to What does the failure to impose sanctions, as was, basically, Congressman, thank transfer those types of devices. They required by U.S. law, say about the Adminis- you for your interest. We are as con- are covered by the treaty.’’ Ambas- tration’s commitment to ensure the viability cerned as you are about these sador Pickering said, ‘‘That has got to of the MTCR regime? Why wouldn’t this set accelerometers and gyroscopes. But come from Washington.’’ a dangerous precedent for other that might Russia has not yet had time to fully in- So I came back to Washington, Mr. seek to circumvent or violate MTCR guide- vestigate this situation. We will not lines? Speaker. On January 30, I wrote this take any action until we are sure that letter to the President. 5. Russia’s ascension to the MTCR regime as a full member imposes certain obligations we know what happened here. But we I include the letter for the RECORD, on it that this incident demonstrates Russia guarantee you we will follow through. Mr. Speaker. is unwilling or unable to fulfill. What does That was in April, Mr. Speaker. Here CONGRESS OF THE UNITED STATES, the Administration intend to do to ensure we are, a year and a half later, and we HOUSE OF REPRESENTATIVES, full Russian compliance with its MTCR obli- have not taken any action under the Washington, DC, January 30, 1996. gations in the future? Without acting firmly requirements of the MTCR. We did not President WILLIAM CLINTON, now in response to the attempted component The White House, Washington, DC. impose any sanctions. And, in fact, transfer to Iraq, why should Russia believe there has been little talk about the DEAR MR. PRESIDENT: I am writing to ex- that similar transfers will carry severe con- press my concern about the recent at- sequences in the future? accelerometers and gyroscopes up until tempted shipment of Russia missile compo- 6. Please provide the dates and topic con- the news media started focusing on the nents to Iraq. While this shipment, which in- sidered by the Missile Trade Analysis Group Iran SS–4 cooperation. cluded gyroscopes and accelerometers de- since the Russian shipment was reported. Last Thursday, in the Committee on signed for use in long-range missiles, was 7. Please list and describe all instances Science, I held up in the committee a intercepted in Jordan, it raises serious ques- which raised U.S. concerns regarding compli- Russian accelerometer and a Russian tions about the Russian government’s will- ance with the MTCR, all instances since 1987 gyroscope. In fact, we have, Mr. Speak- ingness or ability to halt proliferation. in which the U.S. government considered im- Reports of this shipment, in contravention er, 180 of these devices. These were not posing sanctions on a ‘‘foreign government transferred once. We know of at least of the Missile Technology Control Reime or entity,’’ whether sanctions were in fact (MTCR), surfaced publicly in December, sev- imposed and against whom; how long those three times that someone in Russia eral months after Russia was admitted as a sanctions remained in effect, and the reason transferred the most sophisticated full member of the MTCR regime. Whether why there were lifted. guidance systems available today that the Russian government sanctioned the ship- Thank you for responding to these serious were taken from an SS–18 missile, ment or not, the events which transpired un- issues. which were the missiles in the Russian derscore the fact that Russia is at best un- Sincerely, able or at worst unwilling to fulfill its MTCR submarines that were aimed at Amer- CURT WELDON, ican cities, clipped those devices in obligations. Member of Congress. Recently, I travelled to Russia and met perfectly good condition, and shipped with members of the Duma, defense advisors The letter asked President Clinton them to Iraq. to President Yeltsin and officials of ‘‘What is the story, Mr. President? We intercepted one shipment with Rosvooruzheniye, the main Russian state What are we going to do about the the help of the Jordanians and Israelis. arms export company. Russian government accelerometers and gyroscopes going The other devices were found in the Ti- officials with whom I raised the issue denied to Iraq.’’ gris River Basin where Iraq threw them all knowledge of this highly reported inci- Well, the President finally answered because they knew we know they had dent. Rosvooruzheniye officials were aware me on April 3. them. We know of at least three times of the attempted transfer, but denied any in- Mr. Speaker, I include the Presi- volvement. I also met with Ambassador this technology transfer occurred, and Pickering, who indicated that the United dent’s letter for the RECORD, his answer we suspect there were more. States neither sought nor received any infor- to me. All of a sudden, the administration is mation or explanation from the Russian gov- THE WHITE HOUSE, concerned that Russia may be cooper- ernment about the attempted transfer. Washington, DC, April 3, 1996. ating with Iran on the SS–4 tech- This recent incident is not the first time Hon. CURT WELDON, nology? Where was there concern 2 that Russia has transferred missile tech- House of Representatives, Washington, DC. years ago, Mr. Speaker, when I raised nology to non-MTCR states. In 1993, Russia DEAR REPRESENTATIVE WELDON: Thank you sold an associated production technology for for your letter regarding the recent interdic- the issue in Moscow and with the cryogenic rocket engines to India. Recently, tion of Russian missile guidance components President on the accelerometer and the Russia transferred missile components to destined for Iraq. gyroscope transfer? Brazil. To this very day, Russian continues Gaining Russian restraint on missile sales Let us go beyond that, Mr. Speaker. to aggressively market a variant of its SS–25 is a major objective of this Administration. Let us, for the record, put into the H7826 CONGRESSIONAL RECORD — HOUSE September 24, 1997

RECORD seven specific violations of the What about the Russian rocket build- November 1995 reported in the Wash- missile technology control regime. Let er who says it is still lending India ington Post in December 1995. No sanc- us talk about the shipment of North space launch integration technology, tion, Mr. Speaker. Korea Scud launchers from Russia to that is in 1994, despite the MTCR and And now we have the sale of a 1,250- Syria. That was in August 1993. What Russia’s July 1993 pledge not to give mile-range missile production tech- was the action on the MTCR as a viola- India missile production assistance? No nology to Iran in 1996 and 1997. Again tion? None, no action taken. response, Mr. Speaker. No sanctions. no response accept a lot of hyperbole What about the Washington Post re- and the comment that the vice presi- What about the sale to China of mo- porting in June of 1995 that Russia was dent just concluded serious meetings bile multiple warhead high accuracy helping Brazil build a large rocket? with Chernomyrdin, but no sanctions. solid and liquid missile technology to Violation of the MTCR. You cannot do What about the sale to Armenia of 8 modernize its strategic rocket forces? that. No response. No sanction. Scud-B missile launchers with 22 to 32 That was also in 1993. It is a violation How about the shipping of the guid- missiles through late 1996. of the MTCR. What was the response? ance sets to Iraq, as I just explained, Mr. Speaker, I enter these violations Nothing, nada, no sanctions. which Jordan and Israel intercepted in into the RECORD. RECKLESS RUSSIAN ROCKET EXPORTS

White House action taken to enforce U.S. Russian missile misdeed Administration assessment missile technology sanctions law

Air ships North Korean Scud launchers to Syria (8/93) ...... Tel erector launcher units may have been mistaken by Russians to be trucks ...... None. Sells China mobile, multiple-war-head, high-accuracy solid and liquid missile technology to Russia made these transfers as an MICR adherent and so is legally exempt from US sanc- None. modernize its aging strategic rocket forces (1993). tions. Acting against Bejing would jeopardize U.S.-China relations. Russian rocket builder says it’s still lending India space launch integration tech (6/94) de- Shown evidence of Russia’s continued missile assistance to India and warned it could jeop- None. spite MTCR & Russia’s 7/93 pledge not to give India missile production assistance. ardize $100s of millions in U.S.-Russian space cooperation, White House tells House Space Committee Chairman (9/94) CIA will look into the matter. Washington Post reports Russia has been helping Brazil build a large rocket (6/8/95) ...... Waived U.S. missile sanctions against Brazil and Russia (citing US national security inter- None. est), admitted both into the MICR because of their creation of a ‘‘sound’’ systems of nonproliferation export controls. Ships intercontinental-range ballistic missile guidance sets to Iraq. Jordan interdicts ship- Shipment of gyroscopes was an ‘‘aberrational’’ action. Russia efforts to find who was re- None. ment (11/95). sponsible are inconclusive. Sells Iran 1,250-mile range missile production technology (96–97) ...... Administration official is quoted in Los Angeles Times explaining that the transfer may have None. been ‘beyond the control of the government’ (2/12/97). Sells Armenia 8 Scud-B missile launchers with 24-32 missiles (through late 1996) ...... Administration officials claim that there may have been no ‘‘transfer’’ since the Scud sys- None. tems were in Armenia under Soviet control prior to the sale. Russian officials claim that they were only able to confirm these sales recently.

Mr. Speaker, the point is simple: The support the cooperative threat reduc- Boris Yeltsin and I work to see Boris administration should not show its tion program. I support the cooperative Yeltsin succeed. But let me repeat the shock. The administration should not space station program through Mir. quote that President Clinton has used say they do not understand what is Every possible opportunity, Mr. Speak- 140 times across this country over the going on. The reason why technology is er, I have been there. past 4 years. In fact, Mr. Speaker, he leaving Russia is because this adminis- But Mr. Speaker, we cannot in fact used it three times standing in this tration has not enforced our arms con- cooperate with Russia and want them room at the podium behind me. He trol agreements. We have put our head to succeed and then expect to put our looked the American people in the eye in the sand. How can we have a bilat- heads in the sand when they have vio- through the camera in front of me, the eral relationship based on arms control lations occurring in front of us and same camera I am looking at. Mr. agreements if we are not going to en- think that Russia will respect us. Rus- Speaker, this is what he said: ‘‘Amer- force them? sian people and Russian leaders respect ica can sleep well tonight, because for It is not a case of embarrassing Boris strength and they respect consistency. the first time in 50 years, there are no Yeltsin. As I have said on this floor And we have given them neither. long-range Russian ICBMs pointed at perhaps 50 times, I want Yeltsin to suc- When the violations occur, we turn America’s children.’’ ceed. I spent as much time in dealing our backs. We say we do not have One hundred forty times the Presi- with Russia as any Member of this in- enough information or we say that dent has used that same phrase in his stitution. I chair the new Dumas-Con- Russia has excused itself and said they speeches. For those who want to see, in gress Study Group, which I formed are sorry, it will not happen again. past months I have placed all 140 times with the Speaker of our Congress, the Imagine the signal we send to rogues in the CONGRESSIONAL RECORD. He said gentleman from Georgia [Mr. GINGRICH] and Mafia types in Russia today who it three times in State of the Union and the gentleman from Missouri [Mr. see seven straight times where they are speeches. He said it on college cam- GEPHARDT] coordinating with us, with caught transferring technology and puses, international groups and na- the deputy speaker of the Russian par- America does nothing. tional groups. He said it in Washington liament, Mr. Shokin. I chair that. What kind of signal is that sending, State, in California, in Texas, in Penn- I formed the FSU American Energy Mr. Speaker? It is sending a signal to sylvania, in Florida, in Ohio and in Caucus six years ago to work on help- Russia that we are just not going to Maine, in Illinois and in Indiana. And ing Russia develop its energy recall them on these violations. We have he said it even after last year on the sources, and I still stay involved with done the wrong thing. This administra- defense bill, we asked the President to that, bringing billions of dollars into tion should not be surprised at the certify that to us. The Defense Depart- Russia for their economy. I work on technology cooperation with Iran. ment wrote back to us and said, we the environmental issues with Russia b cannot certify that because Russia will through programs called GLOBE and 2300 not allow us to have access to their ACOPS on ocean protection. I have They should not be surprised that targeting practices, just as we will not fought for and put funding into the de- Russia cannot guarantee us control of allow them to have access to ours. fense bill to help Russia clean up its their nuclear assets. nuclear waste, to help Russia with its There is a second reason why the ad- Furthermore, Mr. Speaker, even if we environmental problems relative to ministration, I think, has failed in this could verify that statement, you can both nuclear and non-nuclear sources area, Mr. Speaker. That is the fact that retarget an offensive ICBM in under 30 of pollutants. this administration and this President seconds. But here we have a President I was in Russia twice this year pro- has used the bully pulpit to create the going around the country, 140 times posing with CHARLES TAYLOR a new ini- impression in America that Russia is saying, ‘‘Sleep well tonight, America, tiative to create a housing incentive no longer a threat. there are no longer missiles pointed at program modeled after our Freddie I am not one of those who wants to you. You’re safe.’’ Mac and Fannie Mae to help middle-in- re-create the Cold War. I do not think So many of our colleagues who become Russians own their own homes. I Russia is the evil empire. In fact I hope lieve what the Commander in Chief September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7827 says, he should know, he is the Com- These comments are taken from a the documentation, all the film footage mander in Chief, and the American book coming out tomorrow called One of that briefing was shredded. people then become complacent and Point Safe that documents in detail This book, Mr. Speaker, documents think Russia is not a problem. We have every issue I have raised on this floor the entire story. This book will be out solved that problem. The Cold War is for the past 4 and 5 years about the tomorrow. I am not the author. I am over. problems of lack of control, and the not involved in any part of the market- Mr. Speaker, as I said a few moments lack of adequate monitoring of Rus- ing of it, except I have over the past 2 ago, I do not believe Russia is an evil sia’s strategic and nuclear materials years helped these two writers identify empire, but I could make the case very and arsenal. the proper people to talk to to see easily that Russia is more destabilized Mr. Speaker, it is not the right thing whether or not they could verify the today than it has been at any time in to tell the American people that there facts that were given to me. the last 50 years. In fact, there is more is no reason to worry. That is just as I had our committee do a preliminary of a chance of an accidental launch wrong as a conservative Republican investigation of Jay Stewart’s allega- today from a Russian ICBM than at standing up on the floor and recreating tions, and they came back and said, any time during the Cold War. Let me the evil empire. They are both ex- well, DOE has circled the wagons, and back that up with some examples. tremes. The problem, Mr. Speaker, is under Hazel O’Leary’s leadership they January 1995. The Norwegians are one of those two people happens to be have all got their same story down, going to launch a weather rocket to the President of the United States, who that Jay Stewart really was not re- sample the upper atmosphere for now expresses shock that we would find moved for that reason, and it is really weather conditions. As is normally that Russia is cooperating with Iran on not true. done, Norway notified Russia, ‘‘Be pre- the SS–4 missile program; expresses In our investigation, we found at pared between a certain period of time, concern that Russia may have nuclear least two other individuals who veri- we’re going to launch a weather rock- suitcases that they cannot account for. fied everything Jay Stewart said. Nei- et. Don’t think anything of it. It is just What else am I concerned about, Mr. ther of them work for the Department to sample the weather.’’ Speaker, besides the violations of the of Energy. They were at labs, our en- The day came. Norway launched the missile control regimes and the bully ergy labs in other parts of the country. rocket. Because Russia is so paranoid pulpit creating a wrong impression in One of those individuals, Jessica Stern, about the status of their conventional this country? I am concerned about de- is in this book. She corroborates also military, their radar picked up that liberate distortions of intelligence what Jay Stewart said. rocket launch, their system went into data. Three years ago I had a senior So now we have a third dimension, play, their nuclear response capability American intelligence officer come Mr. Speaker. We have a deliberate ef- was activated, and Russia came within into my office, ask to meet with me, I fort on the part of certain people in 10 minutes of activating an all-out re- had never met the man before. He said: this administration to distort intel- sponse to a weather rocket from Nor- Congressman WELDON, I want to talk ligence data that would allow this way. Boris Yeltsin has publicly said on to you. I have been a career intel- country to understand more about the record that the black box that he ligence officer in the service of this what was happening in Russia in re- controls with what are called the country for, I think, 18 years. He gard to controlling their nuclear mate- chegets that control the activation of a showed me the highest award that you rials. And what was the administra- response or an attack were activated, can get in the Intelligence Community tion’s response? It was to destroy the which meant that for a period of min- that he had received from our govern- data, rip up the records, shred the doc- utes, Boris Yeltsin, General Kalash- ment. He said, I have to tell you a uments, shred the film footage and nikov, the commander of the general story. I am coming to you because you deny there is a problem. staff, and the defense minister, Pavel work issues involving Russia, and be- Nothing could be worse for the secu- Grachev, the three of them had the cause you are concerned about the pro- rity of this country, Mr. Speaker. In ability to launch a response because liferation of missiles, and because you my opinion, our investigation coupled they were mistaken initially and work the issue of missile defense tech- with what is in this book requires a thought that that Norwegian rocket nology. congressional investigation that is not going up for weather sampling was an He said, my job at the intelligence politicized; that, in fact, gets to the attack by the U.S. or some other Na- agency for the Department of Energy heart of what this administration now tion. Within 10 minutes of an all-out has been to run a program called Rus- rails about, their concern and surprise nuclear response. sian fission. The Russian fission pro- and their shock at the fact that Russia The President though says, ‘‘Don’t gram, which was highly classified, was would be cooperating with Iran on de- worry. There’s no more missiles point- designed to monitor the ability for veloping the SS–4. Forget the ed at America’s kids.’’ The fact is, Mr. Russia to control fissile material in accelerometers and gyroscopes going Speaker, the situation in Russia today their nuclear stockpile. This individ- to Iraq, forget the instability of nu- is unstable. The situation in Russia ual, whose name is Jay Stewart, and I clear devices as outlined by General today is, in fact, troubling. We do not can say it publicly because this book Lebed. Forget about the problems asso- need to paint Russia into a corner, but now documents this story, this individ- ciated with the Norwegian rocket we do not need to mislead the Amer- ual ran the Russian fission program. launch. Forget about the morale prob- ican people or the Russian people as This individual was asked to go over lems in the military. Forget about all well. and brief the head of NATO, Manfred the other violations of the MTCR, but Major problems with the troops, Mr. Worner, on the troubling conclusions all of a sudden we are shocked. Speaker. Let me cite from a book that he was coming to 3 and 4 years ago I am not shocked, Mr. Speaker. And is going to come out tomorrow that I about the lack of control of Russia’s I am not here to stand here and blame am going to mention in a moment nuclear stockpile. Manfred Worner ca- the leadership of the Russian Govern- about the status of the Russian mili- bled back in a secret cable to the State ment. I am here to say the reason why tary. Department saying this briefing should these things are occurring is because Forty-three percent of the draftees are be given to every country in NATO. this administration has a policy that found to be suffering from some form of men- What did the administration do? The does not make sense. This administra- tal illness. At a desolate far eastern military administration, through the Depart- tion does not have the backbone to en- base at Komsomolsk-na-Amure, not far from ment of Energy, deliberately took force arms control agreements that it where another Russian military leader died apart the Russian fission program. maintains are the basis of our bilateral from hunger, two soldiers recently blew They took Jay Stewart’s job away. relationship. This administration does themselves up while trying to extract pre- They eliminated the Russian fission not want us to put into play systems to cious metals from the warhead of an air defense missile they had stolen from the am- program. In fact, Mr. Speaker, there defend our people and our troops even munition dump. Others take the easy way was a briefing that was held on the sta- when we have technology being trans- out. Currently half the noncombat deaths in tus of the ability of Russia to control ferred that threatens our troops. And the military are due to suicide. its nuclear stockpile 3 years ago. All of now all of a sudden they are shocked. H7828 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Here we are still cooperating and helping Russia stabilize itself. But the the Minister of Natural Resources, putting money into the Mir program policy of this administration has not Orlov, and the Deputy Minister of De- when the agency in Russia running the worked. Now the President, as he has fense Kakoshin and the No. 2 general in Mir program has signed contracts with recently done in Helsinki, wants to re- the command, Staff General Manilow, the same Iranian agency developing inforce the ABM treaty, a treaty based and I told each of them, ‘‘If you want components of their medium-range on mutually assured destruction, a me to continue to work Russian Amer- missile. treaty that was designed for the 1960s ican issues, I need to know something Something is wrong, Mr. Speaker, and 1970s when you had two super- about Yamantau Mountain.’’ and something is terribly wrong in powers, each with long-range missiles, Each of them said, ‘‘We know of this terms of our lack of enforcement and the Soviet Union and America, that no project, but we cannot talk about it. our lack of dealing honestly with this longer is relevant today because mutu- You have to go to President Yeltsin.’’ I problem that faces this Nation and peo- ally assured deterrence does not work asked them to assist me. I wrote a 3- ple around the world who are con- when you have China and North Korea page letter in Russian to President cerned about nuclear material, who are and India and Pakistan and Iran and Yeltsin in July, and I have yet to re- concerned about technology that could Iraq developing long-range missile ca- ceive a response. President Clinton be used against our troops, our allies pabilities. They are not signatories to supposedly raised the Yamantau Moun- and our people, and we just cannot the ABM treaty, but this administra- tain issue with Yeltsin a year ago at an brush it aside and say that all of a sud- tion, instead of reflecting a new atti- international summit, and to this day den we are concerned and we are going tude toward Russia, considering what we have no new information on to do something about it. is happening in China and North Korea Yamantau Mountain. With the most recent revelation and Iraq and Iran, wants to reinforce Mr. Speaker, our relationship with about the Iranian cooperation, the the ABM treaty. Russia is a very simple one. Yes, we President called back to work the re- need to help stabilize them, yes, we b 2315 tired U.S. Ambassador to India, Am- need to work together with them ag- bassador Wisner. Ambassador Wisner’s The administration, Mr. Speaker, gressively, but most important, we assignment was to go to Moscow and to continues to go down the wrong path need Russia to understand that we are meet with the individual who runs the and I pledge, Mr. Speaker, that as long here to work with them to make sure Russian space agency, Koptev. as I am in this body I am going to call they have control of the strategic Ambassador Wisner asked to brief me it the way I see it. I am going to be weapons, their nuclear technology and last week before he went to Moscow. vocal on these concerns that I have ex- that when they allow or deliberately He came in and we chatted for an hour. pressed, and I am going to continue to violate arms control agreements, they He said, Congressman, I assure you I pursue this administration, I am going have to pay the price. am going to go over to Russia, meet to work with it in helping to build a And so I say, Mr. Speaker, as we dis- with Koptev and tell him this is not ac- strong Russia, as I have been, I am cuss these issues it is critical for this ceptable. going to support it when it asks for Nation to understand what has been Mr. Speaker, I am glad the Ambas- money to help in the case, but not un- going on, and I also want to encourage sador is doing that, and I am happy the less we get more cooperation in send- each of our colleagues to read this administration is responding, but I ing a signal to Russia that they got to book, the most recent Steven Spielberg think it is a little bit too late. I think be more open with us. movie, ‘‘Peacemaker,’’ the fictional that the policy of not enforcing agree- One other issue, Mr. Speaker. We movie is partially based on this book ments and not being consistent has found out that Russia for the past 18 which is factual. This book in detail now caused a feeling in Russia, espe- years has been working on a project in highlights all of the issues I have been cially with the problems of the Mafia the Ural Mountains. This project is in raising on the floor of this institution being involved in a lot of the oper- a mountain called Yamantau. The for the last 4 years, and it names ations there, as General Lebed said. project has basically been mining, an names, it names locations. I do not Former senior Russian commanders, operation that has built a facility down know how they got their data because General Lebed told us that the most inside of this mountain the size of the much of what is in here was classified. But it is here in black and white. They capable generals and admirals in the city of Washington, D.C. Our experts are respected journalists. In fact Leslie Soviet Navy had been forced out of the estimated it could withstand a direct Cockburn, who was a co-author with military, and when they were forced nuclear hit. We do not know what it is her husband Andrew, was a producer out, they were not given housing to for. We have asked the Russians; they for ABC TV up until she resigned that live in. Many of them have not even have not given any response except in position this year. They are capable, been paid their pensions. These are 1991 the general who runs the project, intelligent, articulate people who have Russia’s most capable military leaders. General Zyuganov, said it was a project finally documented all of the evidence And General Lebed, who himself was for ore mining. In 1992 he said it was a that highlights the facts relative to one of those leaders, when asked what facility to store food and shelter. In this administration’s position in terms are they doing today, they are involved 1993 and 1994 the intelligence officer for of Russia and our relationship mili- in rogue operations. They are selling that region said it was a state secret and they had no responsibility to tell tarily and strategically. the very equipment that they were re- Mr. Speaker, I thank the staff again us what it was. sponsible for maintaining and control- for bearing with me in this special If we are going to rely on trust and if ling as military leaders. order. Do we know that to be true? Abso- we are going to follow this administra- lutely. In fact, we know, and it is in tion’s stated policy of building trust f the record, and it is in this book that based on agreements, then we need to LEAVE OF ABSENCE we now have evidence that a $1 billion know what happens in Yamantau By unanimous consent, leave of ab- sale of Russian military equipment Mountain. When the Russian military sence was granted to: took place that the Kremlin did not cannot be paid their pensions, when Mr. GIBBONS (at the request of Mr. even know about. $1 billion of Russian they cannot be given housing, how can ARMEY), for today after 6 p.m. and for military hardware, not nuclear, mili- Russia continue to spend billions of the balance of the week, on account of tary hardware was being sold by a Rus- dollars on a mountain in the middle of attending a funeral. sian official without the Kremlin even the Urals with a city of 65,000 people Mr. HUNTER (at the request of Mr. aware that the sale was taking place. that is closed, working on this project ARMEY), for today, on account of a And all of a sudden we are surprised? day in and day out. We know it is death in the family. Mr. Speaker, I rise tonight because of there, our aerial surveillance has seen Mr. SCHIFF (at the request of Mr. my concern at this administration not shots of what is going on, and yet Rus- ARMEY), for today through October 3, listening to what we have said for the sia will not talk about it. on account of medical reasons. past 5 years. We are not about backing I raised this issue in May with the Mr. MCHALE (at the request of Mr. Russia into a corner. We are about Minister of Atomic Energy, Mikhaylov, GEPHARDT), for today after 3 p.m., on September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7829

account of a funeral service for a dis- Mr. STUMP. Exposed Animals [Docket No. 97–061–1] re- trict employee. Mr. PACKARD. ceived September 24, 1997, pursuant to 5 f Mr. GOODLING. U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. Mr. BILIRAKIS. SPECIAL ORDERS GRANTED 5163. A letter from the Secretary of Edu- Mr. CALVERT. cation, transmitting Final Regulations— By unanimous consent, permission to Mr. ROGAN. Federal Perkins Loan Program, Federal address the House, following the legis- (The following Members (at the re- Work-Study Program, and Federal Supple- lative program and any special orders quest of Mr. WELDON of Pennsylvania) mental Educational Opportunity Grant Pro- heretofore entered, was granted to: and to include extraneous matter:) gram, pursuant to 20 U.S.C. 1232(f); to the (The following Members (at the re- Mr. GOSS. Committee on Education and the Workforce. 5164. A letter from the Assistant General quest of Mr. SNYDER) to revise and ex- Mr. MCKEON. tend their remarks and include extra- Counsel for Regulations, Department of Edu- Mr. LANTOS. cation, transmitting the Department’s re- neous material:) Mrs. TAUSCHER. port on the final regulations for the Federal Mr. DAVIS of Illinois, for 5 minutes, Ms. BROWN of Florida. Perkins Loan Program, Federal Work-Study today. f Program, and Federal Supplemental Edu- Ms. MILLENDER-MCDONALD, for 5 min- cational Opportunity Grant Program, pursu- utes, today. ENROLLED BILLS SIGNED ant to 5 U.S.C. 801(a)(1)(B); to the Committee on Education and the Workforce. Mrs. MALONEY of New York, for 5 Mr. THOMAS, from the Committee minutes, today. 5165. A letter from the Director, Office of on House Oversight, reported that that Regulatory Management and Information, Ms. KILPATRICK, for 5 minutes, today. committee had examined and found Environmental Protection Agency, transmit- Ms. MCKINNEY, for 5 minutes, today. truly enrolled a bill of the House of the ting the Agency’s final rule—Approval and Ms. NORTON, for 5 minutes, today. following title, which was thereupon Promulgation of Air Quality Implementa- Ms. CHRISTIAN-GREEN, for 5 minutes, signed by the Speaker: tion Plans; Pennsylvania, General Conform- today. ity Rule [PA105–4066a; FRL–5897–8] received H.R. 111. An act to provide for the convey- Mr. RUSH, for 5 minutes, today. September 23, 1997, pursuant to 5 U.S.C. ance of a parcel of unused agricultural land 801(a)(1)(A); to the Committee on Commerce. Mr. SNYDER, for 5 minutes, today. in Dos Palos, California, to the Dos Palos Ag (The following Members (at the re- 5166. A letter from the Director, Office of Boosters for use as a farm school. Regulatory Management and Information, quest of Mr. WELDON of Pennsylvania) f Environmental Protection Agency, transmit- to revise and extend their remarks and ting the Agency’s final rule—Approval and include extraneous material:) BILL PRESENTED TO THE Promulgation of Air Quality Implementa- Mr. SHAYS, for 5 minutes each day, PRESIDENT tion Plans, New Mexico; Recodification of, on September 30 and October 1. Mr. THOMAS, from the Committee and Revisions to, the Air Quality Control Mr. NEUMANN, for 5 minutes, today. Regulations [NM–31–1–7310a; FRL–5893–6] re- on House Oversight, reported that that Mr. METCALF, for 5 minutes, today. ceived September 23, 1997, pursuant to 5 committee did on this day present to Mr. DIAZ-BALART, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on the President, for his approval, a bill of today. Commerce. the House of the following title: 5167. A letter from the Director, Office of Mr. HILL, for 5 minutes, on Septem- Regulatory Management and Information, ber 25. H.R. 680. An act to amend the Federal Property and Administrative Services Act of Environmental Protection Agency, transmit- Mr. BILBRAY, for 5 minutes, today. 1949 to authorize the transfer of surplus per- ting the Agency’s final rule—Approval and f sonal property to States for donation to non- Promulgation of Implementation Plan; Michigan [MI51–01–7259; FRL–5898–2] received EXTENSION OF REMARKS profit providers of necessaries to impoverished families and individuals, and to au- September 23, 1997, pursuant to 5 U.S.C. By unanimous consent, permission to thorize the transfer of surplus real property 801(a)(1)(A); to the Committee on Commerce. revise and extend remarks was granted to States, political subdivisions and instru- 5168. A letter from the AMD—Performace mentalities of States, and nonprofit organi- Evaluation and Records Management, Fed- to: eral Communications Commission, transmit- (The following Members (at the re- zations for providing housing or housing assistance for low-income individuals or fami- ting the Commission’s final rule—Closed quest of Mr. SNYDER) and to include ex- lies. Captioning and Video Description of Video traneous matter:) Programming; Implementation of Section Mr. POSHARD. f 305 of the Telecommunications Act of 1996; Video Programming Accessibility [MM Mr. SERRANO. ADJOURNMENT Mr. HAMILTON. Docket No. 95–176] received September 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. MURTHA. Mr. WELDON of Pennsylvania. Mr. Committee on Commerce. Mr. NEAL of Massachusetts. Speaker, I move that the House do now adjourn. 5169. A letter from the Director, Regula- Mr. BARCIA. tions Policy and Management Staff, Office of Mr. SCHUMER. The motion was agreed to; accord- Policy, Food and Drug Administration, Mr. LANTOS. ingly (at 11 o’clock and 21 minutes transmitting the Administration’s final Mr. CLYBURN. p.m.), the House adjourned until to- rule—Investigational Device Exemptions; Mr. KUCINICH. morrow, Thursday, September 25, 1997, Treatment Use [Docket No. 96N–0299] re- Mr. KILDEE. at 10 a.m. ceived September 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. VISCLOSKY. f Commerce. Mr. PASTOR. EXECUTIVE COMMUNICATIONS, 5170. A letter from the Director, Defense Mr. STARK. ETC. Security Assistance Agency, transmitting Mrs. MALONEY of New York. the Department of the Navy’s proposed lease Mr. SANDERS. Under clause 2 of rule XXIV, execu- of defense articles to Korea (Transmittal No. Mr. MENENDEZ. tive communications were taken from 25–97), pursuant to 22 U.S.C. 2796a(a); to the Mr. SHERMAN. the Speaker’s table and referred as fol- Committee on International Relations. lows: 5171. A letter from the Acting Assistant Mr. DOOLEY of California. Secretary for Fish and Wildlife and Parks, Mr. OLVER. 5161. A letter from the Administrator, Ag- Department of the Interior, transmitting the Mr. CAPPS. ricultural Marketing Service, transmitting Department’s ‘‘Major’’ final rule—Migratory (The following Members (at the re- the Service’s final rule—Kiwifruit Grown in Bird Hunting: Migratory Bird Hunting Regu- quest of Mr. WELDON) and to include California; Relaxation in Pack Requirements lations on Certain Federal Indian Reserva- extraneous matter:) [Docket No. FV97–920–2 FR] received Septem- tions and Ceded Lands for the 1997–98 Late Mr. CRANE. ber 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Season (RIN: 1018–AE14) received September to the Committee on Agriculture. 24, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. WELDON. 5162. A letter from the Congressional Re- the Committee on Resources. Mrs. CHENOWETH. view Coordinator, Animal and Plant Health 5172. A letter from the Assistant Commis- Mr. BOEHNER. Inspection Service, transmitting the Serv- sioner (Examination), Internal Revenue Mr. WELLER. ice’s final rule—Expenses Associated With Service, transmitting the Service’s final Mr. GILMAN. Transporting and Disposing of Tuberculosis- rule—Petroleum Industry Coordinated Issue: H7830 CONGRESSIONAL RECORD — HOUSE September 24, 1997 Capitalization of Delay Rentals—received assistance programs under title IV of that ADDITIONAL SPONSORS September 23, 1997, pursuant to 5 U.S.C. Act; to the Committee on Education and the 801(a)(1)(A); to the Committee on Ways and Workforce. Under clause 4 of rule XXII, sponsors Means. By Mr. STUMP: were added to public bills and resolu- 5173. A letter from the Chief, Regulations H.R. 2537. A bill to amend title 10, United tions as follows: Unit, Internal Revenue Service, transmitting States Code, to revise the rules relating to H.R. 165: Mr. CAPPS. the Service’s final rule—Work Opportunity the court-ordered apportionment of the re- H.R. 211: Mr. FRANK of Massachusetts. Tax Credit and Welfare-to-Work Tax Credit tired pay of members of the Armed Forces to H.R. 404: Mr. DAN SCHAEFER of Colorado. [Notice 97–54] received September 23, 1997, former spouses, and for other purposes; to H.R. 492: Mr. SHAYS. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on National Security, and in H.R. 551: Mr. SANDERS. mittee on Ways and Means. addition to the Committee on Ways and H.R. 586: Mr. LAHOOD. 5174. A letter from the Assistant Commis- Means, for a period to be subsequently deter- H.R. 594: Mr. NADLER, Mr. CHABOT, Mr. sioner (Examination), Internal Revenue mined by the Speaker, in each case for con- BLUMENAUER, and Mr. DOYLE. Service, transmitting the Service’s final sideration of such provisions as fall within H.R. 619: Mr. FOX of Pennsylvania, Ms. rule—Utilities Industry Coordinated Issue: the jurisdiction of the committee concerned. HOOLEY of Oregon, Mr. BLUMENAUER, Mr. Department of Energy Decontamination and By Mr. REDMOND: CONYERS, and Mr. LATOURETTE. Decommissioning Fund—received September H.R. 2538. A bill to establish a Presidential H.R. 716: Mr. LIVINGSTON. 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to commission to determine the validity of cer- H.R. 755: Mr. SOUDER. the Committee on Ways and Means. tain land claims arising out of the Treaty of H.R. 789: Mr. ROEMER, Mr. HEFLEY, Mr. f Guadalupe-Hidalgo of 1848 involving the de- BLAGOJEVICH, Mr. MCNULTY, and Mr. MINGE. scendants of persons who were Mexican citi- H.R. 802: Mr. COX of California. REPORTS OF COMMITTEES ON zens at the time of the Treaty; to the Com- H.R. 815: Mr. UPTON, Mr. TAYLOR of North PUBLIC BILLS AND RESOLUTIONS mittee on Resources. Carolina, Mr. VENTO, Mr. DELAHUNT, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. ROY- Under clause 2 of rule XIII, reports of By Mr. BEREUTER: H.R. 2539. A bill to prohibit the use of Unit- BAL-ALLARD, and Mr. Lantos. committees were delivered to the Clerk ed States funds to provide for the participa- H.R. 857: Mr. SESSIONS and Mr. MICA. for printing and reference to the proper tion of certain Chinese officials in inter- H.R. 965: Mr. PICKERING. calendar, as follows: national conferences, exchanges, programs, H.R. 978: Mr. KILDEE and Mr. DELAHUNT. H.R. 986: Mr. COLLINS, Mr. SESSIONS, Mr. Mr. GOSS: Committee on Rules. House and activities, and for other purposes; to the HASTERT, and Mr. HILLEARY. Resolution 242. Resolution waiving points of Committee on International Relations. H.R. 991: Mr. KENNEDY of Rhode Island and order against the conference report to ac- By Ms. MILLENDER-MCDONALD (for Mrs. LOWEY. company the bill (H.R. 2266) making appro- herself, Mr. FILNER, Ms. CHRISTIAN- H.R. 993: Mr. PAXON. priations for the Department of Defense for GREEN, Mrs. MEEK of Florida, Mr. H.R. 1025: Ms. ESHOO, Mrs. MALONEY of New the fiscal year ending September 30, 1998, and UNDERWOOD, Mr. DELLUMS, Mr. CLAY, York, and Mr. MINGE. for other purposes (Rept. 105–267). Referred Mrs. MINK of Hawaii, Mr. MCGOVERN, H.R. 1036: Mr. BLILEY and Mr. SNOWBARGER. to the House Calendar. Mr. FROST, Mr. YATES, and Mr. DAVIS H.R. 1054: Mr. CHABOT, Mr. COBURN, Mr. Mr. HASTINGS of Washington: Committee of Virginia): HORN, Mr. KENNEDY of Massachusetts, Mr. on Rules. House Resolution 243. Resolution H.R. 2540. A bill to amend the Immigration FOLEY, Mr. BLUMENAUER, Mr. ADAM SMITH of providing for consideration of the bill (H.R. and Nationality Act to facilitate the immi- Washington, Mr. MCINTOSH, Mr. UNDERWOOD, 901) to preserve the sovereignty of the United gration to the United States of certain aliens Mr. NETHERCUTT, and Ms. WOOLSEY. born in the Philippines or Japan who were States over public lands and acquired lands H.R. 1060: Mr. BERRY. fathered by United States citizens; to the owned by the Untied States, and to preserve H.R. 1075: Mr. COYNE, Mrs. MCCARTHY of Committee on the Judiciary. State sovereignty and private property New York, Ms. FURSE, and Mr. FATTAH. rights in non-Federal lands surrounding By Mrs. MORELLA (for herself and Mr. H.R. 1108: Ms. EDDIE BERNICE JOHNSON of those public lands and acquired lands (Rept. DAVIS of Virginia): Texas. 105–268). Referred to the House Calendar. H.R. 2541. A bill to amend title 5, United H.R. 1126: Ms. DEGETTE. f States Code, to extend the authority under H.R. 1173: Mr. SUNUNU, Mr. YOUNG of Alas- which comparability allowances may be paid ka, and Mr. MILLER of California. PUBLIC BILLS AND RESOLUTIONS to Government physicians, and for other pur- H.R. 1232: Mr. SANDLIN and Mr. INGLIS of Under clause 5 of rule X and clause 4 poses; to the Committee on Government Re- South Carolina. form and Oversight. H.R. 1270: Mrs. NORTHUP. of rule XXII, public bills and resolu- By Ms. RIVERS: tions were introduced and severally re- H.R. 1411: Mr. CANNON and Mr. DOOLEY of H.R. 2542. A bill to prevent Members of California. ferred, as follows: Congress from receiving any automatic pay H.R. 1493: Mr. FOLEY and Mr. VISCLOSKY. By Mr. SMITH of Texas: adjustment which might otherwise take ef- H.R. 1507: Mr. NEY and Mr. HYDE. H.R. 2533. A bill to amend the Illegal Immi- fect in 1998; to the Committee on House H.R. 1531: Mr. LEVIN and Mr. OWENS. gration Reform and Immigrant Responsibil- Oversight, and in addition to the Committee H.R. 1534: Mr. BOYD, Mr. GILMAN, Mr. PE- ity Act of 1996 and the Immigration and Na- on Government Reform and Oversight, for a TERSON of Pennsylvania, Mr. SISISKY, Mr. tionality Act to clarify eligibility for relief period to be subsequently determined by the GREEN, Mr. SUNUNU, Mr. OXLEY, Mr. KASICH, from removal and deportation for certain Speaker, in each case for consideration of Mr. ISTOOK, Mr. LEWIS of Kentucky, Mr. aliens; to the Committee on the Judiciary. such provisions as fall within the jurisdic- LEACH, Mrs. JOHNSON of Connecticut, Mr. By Mr. COMBEST (for himself, Mr. tion of the committee concerned. PORTER, Mr. LARGENT, Mr. OBERSTAR, Mr. DOOLEY of California, Mr. SMITH of By Mr. STARK (for himself, Mr. DEL- CRANE, and Mr. MURTHA. Oregon, and Mr. STENHOLM): LUMS, and Mr. MILLER of California): H.R. 1624: Ms. DELAURO, Mr. STRICKLAND, H.R. 2534. A bill to reform, extend, and re- H.R. 2543. A bill to amend titles XVIII and Mr. GEJDENSON, Mr. KENNEDY of Massachu- peal certain agricultural research, extension, XIX of the Social Security Act to require setts, Mr. MCNULTY, Mr. DELLUMS, Mr. KIL- and education programs, and for other pur- hospitals, skilled nursing facilities, home DEE. poses; to the Committee on Agriculture. health agencies, hospice programs, clinical H.R. 1704: Mr. GANSKE. By Mr. MCKEON (for himself, Mr. laboratories, and ambulance services to fund H.R. 1719: Mr. WICKER. GOODLING, Mr. BOEHNER, Mrs. ROU- annual financial and compliance audits as a H.R. 1754: Mr. PETRI. KEMA, Mr. BARRETT of Nebraska, Mr. condition of participation under the Medi- H.R. 1786: Mr. MORAN of Virginia, Mr. RIGGS, Mr. GRAHAM, Mr. MCINTOSH, care and Medicaid programs; to the Commit- BLAGOJEVICH, Mr. NEAL of Massachusetts, Mr. NORWOOD, Mr. HOEKSTRA, Mr. tee on Commerce, and in addition to the Mr. KUCINICH, Ms. SLAUGHTER, Mr. ENGEL, SAM JOHNSON, Mr. GREENWOOD, Mr. Committee on Ways and Means, for a period Mr. KENNEDY of Massachusetts, Ms. PETERSON of Pennsylvania, and Mr. to be subsequently determined by the Speak- VELAZQUEZ, and Mr. GUTIERREZ. UPTON): er, in each case for consideration of such pro- H.R. 1814: Mr. ROTHMAN. H.R. 2535. A bill to amend the Higher Edu- visions as fall within the jurisdiction of the H.R. 1836: Mr. GREENWOOD and Mr. KAN- cation Act of 1965 to allow the consolidation committee concerned. JORSKI. of student loans under the Federal Family By Mr. FALEOMAVAEGA: H.R. 1881: Mr. PALLONE. Loan Program and the Direct Loan Program; H. Con. Res. 157. Concurrent resolution ex- H.R. 2020: Mr. Reyes, Ms. RIVERS, Mr. COOK, to the Committee on Education and the pressing the sense of the Congress regarding Mr. BROWN of Ohio, Mr. HALL of Ohio, Mr. Workforce. the effects of global warming-induced cli- LEACH, Mr. EHLERS, Mr. YATES, and Mr. By Mr. MCKEON (for himself and Mr. mate disruption on the Pacific nations that HYDE. KILDEE): are allies of the United States and the re- H.R. 2038; Mr. HASTINGS of Washington, Mr. H.R. 2536. A bill to amend the Higher Edu- sulting threat to the global interests of the CRAPO, and Mr. FOLEY. cation Act of 1965 with respect to improving United States; to the Committee on Inter- H.R. 2100: Mr. COOKSEY. the administration of the student financial national Relations. H.R. 2128: Mr. COOKSEY. September 24, 1997 CONGRESSIONAL RECORD — HOUSE H7831

H.R. 2172: Mr. BARRETT of Wisconsin. or install live fingerprint scanners in Immi- A76553658. H.R. 2273: Mr. GORDON, Mr. ANDREWS, Mr. gration and Naturalization Service field of- A76553679. ALLEN, Mr. CONDIT, Mr. GOODE, Mrs. fices or card scanners at Immigration and A76553678. MORELLA, and Mr. CLEMENT. Naturalization Service centers unless the A76553681. H.R. 2367: Mrs. CHENOWETH and Mr. Immigration and Naturalization Service re- A76553654. CLYBURN. funds, not later than 6 months after the date A74553078. H.R. 2409: Mr. WOLF and Mr. EVANS. of the enactment of this Act, all fees paid to A74553079. H.R. 2424: Mr. KLUG, Mr. QUINN, and Mr. the Immigration and Naturalization Service A74553077. STUPAK. for designated fingerprinting service certifi- A76553683. H.R. 2451: Mr. KENNEDY of Massachusetts. cation under 8 C.F.R. § 103.2(e). A76553674. H.R. 2456: Mr. BATEMAN, Mr. RADANOVICH, H.R. 2267 A76553652. Mr. WHITFIELD, Mr. BALLENGER, and Mr. OFFERED BY MS. LOFGREN A76553692. SHAW. A76553649. AMENDMENT NO. 59: Page 49, line 19, after H.R. 2476: Mr. DELLUMS, Mr. DEFAZIO, Mr. A76553673. the dollar amount insert ‘‘(reduced by OBERSTAR, Mr. FILNER, and Mr. EVANS. A76183163. $26,100,000)’’ H.R. 2480: Mr. COOK and Mr. FOLEY. A76183162. Page 49, line 21, after the dollar amount in- H.R. 2481: Mr. BONIOR, Mr. BALDACCI, Mr. A76553653. sert ‘‘(reduced by $26,100,000)’’ BARCIA of Michigan, Mr. HOUGHTON, Mr. A76553686. Page 50, line 13, after the dollar amount in- METCALF, Mr. PETERSON of Minnesota, Mr. A76553688. sert ‘‘(increased by $4,900,000)’’ SANDERS, Mr. HINCHEY, Mr. MCHUGH, and Mr. A76553664. Page 50, line 23, after the dollar amount in- STUPAK. A76553871. sert ‘‘(increased by $4,900,000)’’ H.R. 2488: Mr. PALLONE and Mr. GREEN- A76553888. WOOD. Page 51, line 11, after the second dollar amount insert ‘‘(increased by $4,900,000)’’ A76553684. H.R. 2493: Mr. GOODLATTE. A76553887. H.R. 2502: Mr. CLEMENT. Page 51, line 13, after the dollar amount insert ‘‘(increased by $4,900,000)’’ A76553657. H.R. 2523: Mr. BEREUTER. A76553672. H. Con. Res. 13: Mrs. CHENOWETH and Mr. Page 51, line 18, after the dollar amount insert ‘‘(increased by $4,900,000)’’ A76553685. BRADY. A76553655. H. Con. Res. 80: Ms. BROWN of Florida. H.R. 2267 A76553688. H. Res. 190: Mr. SMITH of Michigan. OFFERED BY MRS. LOWEY A76553667. f AMENDMENT NO. 60: On page 51, line 16, A76553682. A76553680. AMENDMENTS after the dollar amount insert ‘‘(increased by $1,000,000)’’. A74553085. Under clause 6 of rule XXIII, pro- On page 51, line 23, after the dollar amount A74553076. posed amendments were submitted as insert ‘‘(reduced by $1,000,000)’’; A76553690. follows: H.R. 2267 A76553691. A76553698. H.R. 2267 OFFERED BY: MS. VELA´ ZQUEZ H.R. 2267 OFFERED BY: MR. FOX OF PENNSYLVANIA AMENDMENT NO. 61: Page 117, after line 2, OFFERED BY: MS. WATERS AMENDMENT NO. 57: Page 117, after line 2, insert the following: insert the following new section: SEC. 627. (a) IN GENERAL.—None of the AMENDMENT NO. 62: Page 38, after line 11, SEC. 617. None of the funds appropriated or funds appropriated to carry out this Act insert the following: otherwise made available by this Act may be shall be used to deport or remove from the SEC. 110. Considering the increased need for obligated or expended, directly or indirectly, United States any alien who was provided by resources to wage a full scale counter-nar- to make any payment to, provide any finan- the Immigration and Naturalization Service cotics attack in the Caribbean basin, the cial assistance to, or enter into any contract one of the following identification numbers: Drug Enforcement Administration shall allo- with, the Palestine Broadcasting Corpora- A76553660. cate 5 of the additional agents provided in tion, any affiliate or successor agency of A76553650. this title to assess the impact of the recent such corporation, or any journalist employed A76553651. decision of the World Trade Organization to by or representing such corporation. A76553661. discontinue the special relationship of Carib- A76553858. bean countries to the European Union on H.R. 2267 A76553862. trade and the erosion of the ability of Carib- OFFERED BY: MR. KLECZKA A76553863. bean countries to be independent and on in- AMENDMENT NO. 58: Page 117, after line 2, A76553876. creased drug trafficking in the region. The insert the following: A76553877. Drug Enforcement Administration shall re- SEC. 617. None of the funds appropriated to A76553665. port the results of such assessment to Con- carry out this Act may be used to purchase A76553659. gress not later than September 25, 1998. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, SEPTEMBER 24, 1997 No. 129 Senate The Senate met at 12 noon, and was that debate time may be yielded back. Mr. President, in a few hours we will called to order by the President pro Therefore, Senators can expect a roll- be voting on the final passage of the tempore [Mr. THURMOND]. call vote on passage of S. 830 between FDA Modernization and Accountability 3:45 and 4 o’clock this afternoon. Act. PRAYER Following that vote, the Senate may I am so pleased that this day has fi- The Chaplain, Dr. Lloyd John begin consideration of the D.C. appro- nally arrived. I thank the chairman of Ogilvie, offered the following prayer: priations bill. Additional rollcall votes the Labor Committee, Mr. JEFFORDS, Thank You, dear God, for the anchor may occur throughout the day as the for all of his incredible patience, per- of hope in You that we have for the Senate considers the last of the appro- sistence, dedication, and attention to storms of life. When we lower our an- priations bills. The Senate may also really lead the mission to move FDA chor, we know it will hold solid in the consider any of the available appro- into the 21st century. I thank him for his heartfelt devotion to accomplishing bedrock of Your faithfulness in spite of priations conference reports. this mission and for never giving up. I the billows of adversity and blasts of I thank my colleagues for their at- also want to thank his staff for their conflict. We are able to ride out the tention. hard work and for the bipartisan, non- storms of difficulty and discourage- f partisan way in which they worked. ment because we know You will sus- FOOD AND DRUG ADMINISTRATION Let me also acknowledge the tremen- tain us. We share the psalmist’s con- MODERNIZATION AND ACCOUNT- dous contribution of the ranking mem- fidence, ‘‘I wait for the Lord, my soul ABILITY ACT OF 1997 ber, Senator KENNEDY. There is no waits, and in His word I do hope.’’— The PRESIDING OFFICER (Mr. doubt that this is a better bill and FDA Psalm 130:5. SMITH of Oregon). Under the previous will be in better shape because of his Our hope is not in the supposed reli- order, the Senate will now resume con- efforts. ability of people, the presumed predict- sideration of S. 830, which the clerk Mr. President, I have worked on FDA ability of circumstances, nor the imag- will report. reform for a number of years. When I ined security of human power. Our The legislative clerk read as follows: was a Member of the House of Rep- hope is in Your grace and truth. We A bill (S. 830) to amend the Federal Food, resentatives, we embarked, on a bipar- know You will never leave us nor for- Drug and Cosmetic Act and the Public tisan basis, to ensure consumer protec- sake us. Health Service Act to improve the regulation, to prevent dumping of drugs that Keep us anchored today so we won’t tion of foods, drugs, devices and biological did not meet our standards into Third drift from our commitment to serving products, and for other purposes. World countries. You. We claim Your destiny for our The Senate resumed consideration of Then coming to the Senate, I joined life. And throughout this day, may we the bill. with my colleague from Massachusetts, feel the tug of the anchor and know The PRESIDING OFFICER. Under Senator KENNEDY, and with the Sen- that we are indeed secure. In the name the previous order, there will now be 4 ator from Utah, Mr. HATCH, in fash- of our Lord and Saviour. Amen. hours of debate to be equally divided ioning something called the Prescrip- f between the chairman and the ranking tion Drug User Fee Act, otherwise member. nicknamed PDUFA. What PDUFA did RECOGNITION OF THE ACTING Mr. JEFFORDS. Mr. President, this is provide, through a user fee mecha- MAJORITY LEADER is, hopefully, the final moments of de- nism, the ability to hire 600 more peo- The PRESIDENT pro tempore. The bate on the FDA reform bill. There is ple at FDA to analyze the safety and able acting majority leader, the senior no Senator who has been of more help efficacy of pharmaceuticals to move Senator from Vermont, is recognized. and assistance, not only to the com- them to the marketplace. Mr. JEFFORDS. Thank you, Mr. mittee but to her constituents, than Because of PDUFA and the great leg- President. the Senator from Maryland. Thus, I am islative idea of Kennedy-Hatch, FDA f pleased that the one who will be open- was able to hire more people to exam- ing the debate today is that Senator. ine products that were being presented SCHEDULE So I yield her such time as she may for evaluation and get them to clinical Mr. JEFFORDS. Mr. President, today consume; and may she consume a lot of practice more quickly. the Senate is resuming consideration time. The leadership of Kennedy-Hatch on of S. 830, the FDA reform legislation. The PRESIDING OFFICER. The Sen- PDUFA has not only stood the test of Under the consent agreement, there ator from Maryland is recognized. time, but it has shown that we can ex- will be 4 hours of debate prior to a vote Ms. MIKULSKI. Mr. President, thank pedite the drug approval process while on final passage of the bill. Some of you. maintaining safety and efficacy.

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

S9811

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9812 CONGRESSIONAL RECORD — SENATE September 24, 1997 But while PDUFA made a huge dif- vices is that they are translingual, ponent of this bill. Biotechnology is ference, it became clear that PDUFA they are transcultural. When you need one of the fastest growing industries in was not enough. More staff operating a new drug and it is approved by FDA, our country. In my own State of Mary- in an outdated regulatory framework whether you live in Baltimore or land, there are 143 of these companies. without a clear legislative framework whether you live in London or whether They are working on everything from was deficient. you live in Bangladesh, you need it. If AIDS to Alzheimer’s to Parkinson’s That is when we began to consult you then use a medical device, you disease, to breast and ovarian cancer, with experts in the field of public know if it is safe in Maryland, it will as well as new immunizations for chil- health, particularly those involved in be safe in Moscow or Malaysia. This is dren. drugs and biologics on where we needed why this will offer us a whole new op- These are absolutely vital areas of to go. While we were considering this, portunity in exports. endeavor. We want to be able to help the world of science was changing. We I am really proud of FDA. I am proud them develop these new areas, go were experiencing a tremendous revo- of all the people who work at FDA, and through a submission at FDA to make lution in biology. We went from basic under very Spartan resources. Why? sure they are safe, and get new prod- discoveries in science, particularly in Because it is known as the gold stand- ucts out there doing their job of im- the field of chemistry and physics, to a ard around the world for product approving people’s health. whole new explosion in biology and ge- proval. We want to maintain that high The job of FDA is to make sure that netics and biologic materials. We also standard, and at the same time we safe and effective products get to our went from a smokestack economy to a want to make sure that the FDA is patients. Our job, as Members of Con- cyberspace economy in which the very ready to enter the 21st century. gress, is to fund scientific research tools of information technology could This legislation will be the bridge to through NIH and other Federal labora- enable us to improve our productivity. the future, maintaining the evaluation tories and extramural research at great It became clear that we needed an of safety and efficacy with the new institutions like the University of FDA with a new legislative framework tools to be able to participate in a 21st Maryland and Johns Hopkins and at and a new culture and a continued century science environment and a 21st the same time to provide FDA the reg- commitment to the traditional values century economy. This bill sets up a ulatory and legislative framework to of safety and efficacy. This is when we new legislative and regulatory frame- evaluate new products to make them began to put together what we called work which reflects the latest sci- available to doctors and to patients. the sensible center on FDA reform. One entific advancements. That framework That is why I am fighting for this. often hears about partisan bickering. continues the FDA’s strong mission to There have been many issues raised in One often hears about prickly relation- public health and safety, but it sets a this debate. Some have been very ro- ships between the two parties. But I new goal for FDA—enhancing public bust. Some have even been prickly. But tell you, thanks to the leadership of health by not impeding innovation or I tell you, I want to absolutely say that Senator Kassebaum, who initially product liability through unnecessary I am on the side of FDA. I am abso- chaired this initiative, we, Republicans red tape that only delays approval. lutely on the side of safety. I am abso- and Democrats, worked together be- There is an urgency about reauthor- lutely on the side of efficacy. I believe cause we never wanted to play politics izing PDUFA. Its authority expires at this is what this bill does. the end of this month. PDUFA has en- with the lives of the American people. This legislation should not be a bat- abled FDA to hire 600 new reviewers, What we wanted to do is to make sure tle of wills, it should not be a battle and to cut review times from 29 to 17 the American medical community and over this line item or that line item. It months over the last 5 years. If we fail the world medical community had the should be really a battle over what is to act now, it means the people who best clinical tools at their disposal to the best way to make sure the Amer- have been working on behalf of the help save lives. ican people have from their physicians We saw the reform of FDA accom- American people and the world will get and other clinical practitioners the plishing two important policy goals— RIF notices. We cannot let them down, best devices and products to be able to saving lives and at the same time gen- because we do not want them to let the save their lives. erating jobs in our own American econ- American people or the world down. We omy in the fields of pharmaceuticals, risk losing talented employees and Mr. President, my dear father died of biologics, and medical devices. slowing down the approval process. Alzheimer’s. He was in the final stages Senator Kassebaum took important Delay will hurt dedicated employees, when I became a U.S. Senator. He was so ill that he could not come to that steps forward. Senator JEFFORDS as- but more importantly it will hurt pa- sumed that mantle and brought us to tients. Patients benefit the most from marvelous night in my life when I won this point today. this legislation. Safe and effective new the general election and knew I would What will this bill do? Why is it so medical tools will be helping patients be the first Democratic woman ever important? It gives, first of all, a clear live longer lives or get better quicker. elected in her own right. I spoke to my statement on what is the mission and We are not just extending PDUFA. father that election night, via TV be- purpose of FDA—to save lives with We are improving it. Currently, cause he could not be there, to thank pharmaceutical and biologic products PDUFA only addresses something him for what he did for me and my sis- and to maintain the safety of our food called the review phase of the approval ters. With Alzheimer’s, I watched my supply. This bill does not deal with the process. Our bill extends PDUFA to father die one brain cell at a time. It food safety issue, but it sure does focus streamline the early drug development did not matter that I was a U.S. Sen- on those things that normally would phase as well. ator, it did not matter that I was help- take place in clinical practice. What does this mean? New innova- ing fund research at NIH, my father Why is it so important? It stream- tions. We are going to be able to allow was dying. lines the regulatory process, it reau- for electronic submissions. We want to My father was a modest man. He thorizes that very highly successful improve productivity. Instead of car- didn’t want a fancy tombstone or a lot PDUFA, to make sure we have ade- loads of paper, stacks and stacks of of other things, but I vowed, I prom- quate staff, and it creates an FDA that material not being able to be utilized ised, in my heart of hearts I would do rewards significant science while pro- in an efficient way being deposited at all I could to find a cure for Alz- tecting public health. FDA, companies will be able to make heimer’s. I would do all I could for It means that new lifesaving drugs those electronic submissions. This re- those people who have Alzheimer’s or and devices will get into clinical prac- duces not only paperwork but actually other forms of dementia or other mind tice more quickly. It will enable us to provides a more agile way for scientific diseases. While I did that, I promised produce products that we can sell reviewers to get through the data in a also that I would do all I could to make around the world saving lives and gen- way that improves efficiency while sure those tools moved to the clinical erating jobs. they are analyzing efficacy. practice as fast as they could. What is so great about pharma- Updating the approval process for Every one of us has faced some type ceuticals, biologics, and medical de- biotechnology is another critical com- of tragedy in our lives where we look

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9813 to the American medical, pharma- I must say I join with Senator JEF- We had an 89–5 cloture vote on Sep- ceutical, biological, and device commu- FORDS in saying that no one on the tember 5; a 94–4 cloture vote on Sep- nities to help us. I have done that so committee has been as tireless in pur- tember 17; and yesterday, a 98–2 vote in many times. I am grateful to the med- suit of FDA reform as the Senator from favor of the bill. At some point, people ical communities in the United States Maryland. As a tireless advocate for should be willing to say enough is of America. FDA, she has brought great knowledge enough. It was inappropriate to delay When my own mother had one of her and understanding to achieve the goals this bill as much as it has been de- last horrible heart attacks that was that she has outlined here and I think layed. rapidly leading to a stroke there was a all of us pay tribute to her. This is about people’s lives. The ca- new drug that was so sophisticated I want to thank her, as well, for com- pacity to get these drugs out, to get that if it was administered quickly menting positively on the work of the these devices out, to give people the could help her avoid having a stroke. It people at the agency. There are many ability to use these various pharma- required informed consent, because individuals at FDA who could, at the ceutical treatments and various device even though it was approved it was so drop of a hat, go to the private sector treatments which are in many in- dramatic in the way it thins the blood, and other areas and be better off finan- stances going to save lives and in al- almost to a hemophilia level, that you cially. But who, because of their com- most all instances going to improve needed consent on the scene. mitment to the public, are trying to do lives, is critical. I have a situation in New Hampshire. I heard all of the medical pros and a job they believe in and are willing to An attorney named John Hanson wrote cons of that. I was advised by a great serve the public. to me about a friend of his who, regret- clinician at Mercy Hospital and I gave Ms. MIKULSKI. I thank the Senators tably, has ALS, or Lou Gehrig’s dis- that approval because my mother was from Massachusetts and Vermont for ease. This is a horrible disease. It is a not conscious and not able to do that. their very kind comments. disease that eats away at your capac- And guess what? That new drug ap- I also thank you for the cooperation ity as an individual to function. Al- proved by FDA, developed in San Fran- of your staff, and wish to acknowledge though your mind stays sharp, the rest cisco, got my mother through her crit- the role of Lynne Lawrence and Ro- of your body fails. Every day that goes ical medical crisis with the hands-on berta Haeberle. by is a critical day to this individual, care of the Sisters of Mercy at Mercy But let’s get FDA the right staff that every day that goes by. Hospital. My mother did not have a they need. Now, the FDA had a product before it Mr. JEFFORDS. Mr. President, be- stroke because we avoided the clotting called myotropin which is waiting for with the help of this new dramatic fore yielding to the Senator from New approval. The people who have ALS are drug. Hampshire I would like to say he has very interested in getting this drug, I give praise and thanksgiving to God spent as much or more time than any- but they can’t get it because the FDA for that and the ingenuity of the Amer- one on this legislation and has had the has taken the position that it is not ican medical community that enabled very difficult chore of working in this yet available on the market. my mother to stay with us 100 more very controversial area of uniformity. Why is that? It is because of this long days so she could be back at home, It is so essential that this Nation have lead time of bureaucratic activity that have conversations with us, her grand- uniformity so that when they buy a is the wrap-up period for the approval children, and so she could, even in her product they can know with the assur- of drugs. Regrettably, as a result of final days, continue a telephone min- ance of the FDA that the product they that long lead time, which can be years istry that she had. She was a member are getting is one that will be safe and and years and years, many people are of a parish group called the Cheer Up helpful. Many, many hours the Senator unable to get these drugs which are so Club where other shut-ins called each has spent working on this issue, as well important to them. In a case like ALS, other. Let me tell you, the best ‘‘Cheer as the bill generally. I praise and thank of course, it really is the individual Up Club’’ I can belong to is right here him. who should have some option in being in the U.S. Senate when we pass FDA Mr. GREGG. I thank the chairman of able to choose whether or not to use a reform to make sure that when a phy- the committee. drug. That individual has a pretty sician works with a patient or a family Mr. JEFFORDS. I yield such time as stark choice before them—die as a re- they are cheered because they have the Senator from New Hampshire de- sult of the disease you have; or maybe these new tools. sires. have a chance of surviving as a result Mr. President, I thank you for the The PRESIDING OFFICER (Mr. ROB- of taking a drug which maybe has not time given to me to speak today. If I ERTS). The Senator from New Hamp- had years of review but has only had a seem a little emotional, you bet. I love shire. few years of review. my family, as so many of us do, and Mr. GREGG. I wish to join with oth- So the issue is how do we get the this is why I so rely upon the American ers in stating my admiration for the FDA to approve these drugs, approve medical community and FDA to make chairman’s efforts here in getting this these devices in a prompter manner, in sure that the best pharmaceutical, bio- bill forward. He understates his role if a manner which doesn’t give up any of logical, and medical devices are avail- he thinks somebody has worked harder the need for making sure that the able to the American people and also to than he. He is clearly the person who drugs are safe and that they work, the people of the world. has put the most time in this and de- making sure that the devices are safe I look forward to voting for final pas- veloped an excellent bill. and that they work, but does give up sage and having a conference report to That is the point. The bill reported the bureaucracy which has for so long bring back. out of the committee came out of the and so often stifled a prompt review Mr. JEFFORDS. I thank the Senator committee with a huge vote, 14–4, a process. from Maryland for a most eloquent and very definitive statement by the com- So this bill which the Senator from moving personalized statement, as well mittee which has a fair number of ex- Vermont has brought forward today as her efforts that have gone on to im- perts, one of whom you just heard, Sen- really does attempt to overcome what prove the FDA for all of us. ator MIKULSKI from Maryland, on var- you might call the culture of overcau- Mr. KENNEDY. Mr. President, I also ious parts of this bill, a fair number of tiousness which has become, regret- join in expressing great appreciation to experts who understand the importance tably, the culture of the FDA. It is an the Senator from Maryland in terms of of bringing the FDA into the 21st cen- attempt to say to the FDA in a very the FDA reform. tury. definitive way, listen, we understand She speaks very eloquently, passion- Why is it important? I think the the importance of what you do, we un- ately, and emotionally about the fam- statement has been made over and over derstand that you are sincere and com- ily’s personal experience with the again here in the last few days, but I mitted individuals. But we also under- breakthroughs of modern medicine and think it needs to be made again. The stand there is another part of this for- what it can mean to those afflicted by fact is this involves people’s lives. We mula that is called getting the drugs to the scourge of so many of these dis- have spent a lot of time on this bill and the patients, getting the devices to the eases. we have had a lot of votes on this bill. patients.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9814 CONGRESSIONAL RECORD — SENATE September 24, 1997 So, let’s start working as a team to disease or problem they have. So let’s It is quite clear from the evidence get these things out quickly. To ac- get on with doing the business of the that we are able to advance on the complish that, a number of proposals Senate and pass this bill. floor of the Senate, both the cor- were put forward to make the FDA Mr. JEFFORDS. Mr. President, I respondence we received from doctors work more effectively and make the want to take a moment to thank the about marketing practices and a pro- drugs and devices which are distributed Senator from New Hampshire again for motional videotape, that this device across this country more understand- the incredible amount of work he has was being promoted for an entirely dif- able in their usage and also more read- done, and I hope we heed his advice. ferent purpose than the one U.S. Sur- ily available when they work. I yield the floor. gical listed on the label it submitted to We have heard a lot of discussion, of Mr. KENNEDY. Mr. President, I yield FDA. Due to this maneuvering, we did course, about section 404. I note that as much time as he needs to the Sen- not have the proper kind of safety in- the Senator from Massachusetts has ator from New Mexico. formation available to the principal another group of lists up there on sec- The PRESIDING OFFICER. The Sen- agency of Government that is charged tion 404 of people involved in this issue. ator from New Mexico is recognized. with protecting the safety and health One thing that has been mentioned is Mr. BINGAMAN. Mr. President, I of the American people. that this new section 404 may in some thank the Senator from Massachusetts I cannot understand why we, by way way be tied into the fen/phen issue. and I wish to speak as in morning busi- of this legislation, are denying that Well, it is not. Section 404 is a device ness for up to 10 minutes. Federal agency the opportunity to ade- The PRESIDING OFFICER. Without section. It is not a drug section and quately protect the American people. objection, it is so ordered. does not apply to drugs or drug manu- And it isn’t just me, 35 other Members (The remarks of Mr. BINGAMAN per- of the Senate, more than a third of the facturers. Using that as an example, taining to the introduction of S. 1210 which just recently occurred, is truly a Senate, indicated a similar position are located in today’s RECORD under with their votes yesterday. Virtually red herring. The purpose of section 404 ‘‘Statements on Introduced Bills and all of the consumer groups are with us obviously is to try and get these de- Joint Resolutions.’’) vices out in a more prompt and effi- Mr. KENNEDY. Mr. President, we are as well. cient manner. moving on in the consideration of FDA I have illustrated on this chart some Now this language was put together reform. I would like to review where we of the organizations that are working after a lot of work and a lot of negotia- are, where we have come from, and to protect patients, that listen to pation, a lot of discussion, with all the where I believe we ought to go on this tients, and that understand the need of different parties involved. I know the important issue that is intimately tied patients, and that stand with us on this Senator from Vermont was actively in- to the public health and safety of the issue. They are virtually unanimous in volved, the Senator from Indiana was American people. their concern about this particular pro- aggressively involved. My sense is that I would just like to remind our col- vision. everybody who had a legitimate con- leagues and others about the impor- I have in my hand articles about the cern about section 404 had a fair hear- tance of this agency. We will be debat- FDA which have been published over ing before the committee, and the coming about section 404 of the FDA legis- the period of the last 2 days. This is an mittee decided that the compromise lation that is before us. It might sound agency that is on the cutting edge of language which was put in the bill— like a small, narrow provision in a many health-related issues. It is and believe me, it was compromise lan- complicated piece of legislation, but its charged with many different respon- guage—on section 404 was the most ef- implications are profound in terms of sibilities that have enormous impacts fective and appropriate way to go. The potential impacts on the health and on the lives and well-being of American committee decided it by a 14–4 vote. safety of millions of American people. people. I hope this Congress and this Senate Senator REED, myself, and others Here we have on September 22 a specifically would give considerable re- have attempted to make the case that major article: ‘‘Doctors want approval spect to the efforts that were made at we are unnecessarily risking the health to inject themselves with live virus’’— the committee level on this specific of the American people. We are doing HIV. This will be a decision the group issue. I do think in this instance the this because we are effectively permit- will seek approval. From whom? From Senator from Massachusetts is just ting false and misleading information the FDA. plain wrong. His position is not con- to be placed on the labels of medical Here is another—‘‘FDA sets rules on sistent, in my opinion, because he has devices that are submitted to the FDA supplemental labels.’’ The FDA pub- brought in debate over drugs with the for review. We are doing this and at the lished final rules yesterday aimed at medical device issue, but more impor- same time, tying the hands of the FDA making***manufacturers put more tantly, it is not the position which was to look behind those labels and into information on labels. adopted by a vast majority of the mem- the real purpose of the medical device. Why are they doing that? To protect bers of the committee, because we un- We are creating a loophole that will the American public. They have re- derstood the importance as a majority allow companies to submit their prod- sponsibilities for that. in the committee, 14 people who voted ucts under a protocol they know will FDA acts to get more women in drug stud- for this, of getting out some major re- allow for quick approval, but whose ies. That is very appropriate and very important to do. form in the FDA laws which would clear intention is to market the device FDA moved [yesterday] to force drug com- allow for a prompter approval process for uses that are different from those panies to stop excluding young women from without giving up any of the issues of they listed when they went through the studies of promising new medicines out of safety or effectiveness of the drugs or approval process. fear they will get pregnant, curbing the re- the devices that are being involved Over the last few days, we have research. here. viewed the most prominent example of And, again: I congratulate the Senator from this issue when we talked about the bi- FDA told the drug companies to include Vermont again for moving forward. It opsy needle of U.S. Surgical Co. We dis- women in all stages of drug tests. appears we may actually be getting to cussed how they were able to get ap- Then it goes on about the importance the end of the day on this bill relative proval for the device by telling FDA of having women represented in drug to passage. I hope we would not see any that it was substantially equivalent to trials so we can understand how they more of this delay tactic as we move a device they already had on the mar- will affect women. That can’t be down the road because every day that ket. But, in reality, the biopsy needle learned from studying the effects on gets delayed potentially costs a life, that was on the market excised an men because of the metabolic and and certainly causes people who need amount of tissue that was less than the other differences between men and these drugs, need these devices, a tre- size of the lead in a pencil, and the new women. mendous amount of anxiety on top of a device they submitted to FDA removes Here is another example of FDA situation which in almost every in- a piece of tumor that is 50 times larger looking out after public health issues, stance is already filled with extraor- than would be removed with the exist- and the impact of pharmaceuticals on dinary anxiety because of the type of ing needle biopsy device. our population.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9815 On September 23 here is the long gle patient advocacy group that has If it does its job well, the FDA can story in the New York Times. been advanced by those that are op- speed medical miracles from the lab Thirty-seven years later, a second chance posed to our position here during the bench to the patient’s bedside. And if for thalidomide. Officials at the agency an- course of this debate. Not one. Why? the agency does its job poorly, it can nounced today they intend to approve tha- Because they cannot find any. Why? expose millions of Americans to unsafe lidomide for use in leprosy patients, as long Because this provision is a direct or ineffective medical products and as the New Jersey . . . company seeking threat to the health and safety of the jeopardize the safety of our food. market approval adheres to conditions, in- The record of the FDA in moving cluding elaborate restrictions intended to American consumers. And virtually keep the drugs away from women who might every group that has studied it, that these various medical devices through be pregnant. has reviewed it, understands that. the process and moving them from the Here is the FDA looking after what? That is where we are. We want to let manufacturer onto the market is im- Looking after a possible cure for lep- the American people know the impor- proving. We have seen significant and rosy and making sure that women who tance of the FDA. Let them know how dramatic improvement over the period are expecting are protected from tha- it is out there trying to provide protec- of the last 3 years. In the premarket lidomide. tion for the American people. That is notification process known as 510(k), What is the role of the agency? Look- what we believe should be the case on which about 95 percent of all the med- ing after the women and children— the provisions that we have been dis- ical devices come through, the median looking at trying to find some cure for cussing here, with section 404. review times have dropped from 199 Because of the Senate vote yesterday leprosy. days to 93 to 85 days, meeting the What is another role of the FDA? tabling the Reed amendment, the FDA standard of 95 percent of all of those Trying to make sure that all members reform bill still includes the provision submitted. That is extraordinary of our population are included in the that seriously threatens the public progress. And for the more com- review of various pharmaceuticals. health—the provision that must be re- plicated, newer devices, the break- Here is a story on E. coli bacteria. moved before this legislation becomes through kinds of devices, which ac- We remember the stories across the law. This provision encourages device count for only 5 percent of submis- country a little over a year ago and the manufacturers to lie to the FDA and sions, review times have been reduced dangers that were posed in terms of the forces FDA to approve medical devices to about 40 percent of the time between health of the American people. This that have not been adequately tested 1993 and 1996. has no direct connection with the issue to assure that they are safe and effec- This is the record. That is why there surrounding FDA reform except that tive. Weeks ago, the Secretary of HHS is within the medical device industry, it, too, comes against a background of identified this provision as one that general support for the steps taken by years of determination, —the ‘‘meat in- would lead her to recommend a veto if the agency. dustry and anti-regulatory forces to it were not removed. Despite what Here is the Medical Device and Diag- block long overdue improvements in some of my colleagues say, this is not nostic Industry magazine of this year. the way the Government monitors the a new issue. The Secretary identified it With improvements in FDA product review meat safety.’’ last June, identified it again in July, performance, despite a more challenging do- Here is an example of an editorial ad- and identified it again in September as mestic market, device companies are more one of the administration’s principal optimistic than ever. Company executives vising us to be cautious in our rush to report a substantial improvement in FDA regulatory reform. Let’s not override concerns. It is virtually the only technological performance, particularly in 510(k) product safety. approval times. That is what this editorial is about— issue that remains to be resolved on this bill. Every major public health and This is the Medical Device and Diag- the same message we are delivering nostic Industry magazine commenting today—in our rush to reach these consumer organization that has taken a position on this provision strongly on the performance of the FDA in thoughtful and important reforms, terms of its approval ratings. let’s not override safety. opposes it. While the Reed amendment was de- This year’s survey of medical device manu- This editorial involved a different feated yesterday, I anticipate the bill facturers marks the highest business climate issue—E. coli and meat products. It itself will be adopted by the Senate ratings ever. may be E. coli today, but it may be an today. This is not the end of the story. Here we have the industry magazine unsafe medical device tomorrow. talking about how effective the FDA is Again, on the 23d, FDA. The approval There are many procedural steps that in moving these devices through the of thalidomide, lawsuits filed against must be taken before the bill becomes process expeditiously. And now, even the fen/phen, and many other articles. law, including action by the House, with this information, we are under- The FDA published a rule on the 23d— reconciliation of the bills passed by the mining the ability of that agency to from the Washington Post: House and Senate, and the signature of the President. There will be many provide adequate protections for public Final rules aimed at making supplemental health and safety. manufacturers put more information on the more opportunities for debate before labels. The rules restrict the use of the term this bill can even go to conference. I (Mr. COATS assumed the chair.) ‘‘high potency,’’ requiring products such as believe that in the end the public inter- Mr. KENNEDY. If the agency was not vitamins, minerals, herbs, and amino acids est will prevail. doing a good job, if we were seeing to be labeled as dietary supplements and la- I intend to discuss this provision dur- these bureaucratic delays denying pa- beled also to provide information about serving the course of today’s debate on the tients products, at least there would be ing size. bill. I would like to begin by reviewing an arguable position. But what we are What is the agency doing in each of the reasons we embarked on an FDA talking about here is the industry’s these cases that made the newspapers reform bill in the first place and how own assessment about the effectiveness over the past few days? Protecting the much we have been able to improve the of the agency. They are pointing out American public. In each and every ex- original bill. how hopeful and optimistic they are ample that we have cited FDA is trying As I mentioned earlier, there are few about the recent performance of the to protect the American public on a more important agencies of the Fed- agency in quickly approving devices. wide variety of issues. eral Government than the Food and Not only have they made progress in We are talking today about doing the Drug Administration. The FDA is removing them expeditiously, but now a same thing with regard to medical de- sponsible for assuring that the Nation’s number of the medical manufacturers vices, protecting the public from false food supply is pure and healthy. The want to diminish the existing power of and misleading labels. That is the FDA provides a guarantee that the the FDA to assure proper safety. The issue. It is not the only issue, but the drugs and devices we rely on to cure or American people must ask why. We do Senator from Massachusetts, the Sen- treat diseases are safe and effective. It not have the kind of problems that we ator from Rhode Island, for the patient wasn’t always that way. Medical device had years ago with the Dalkon shield advocacy and consumer groups, it’s the legislation was adopted in the mid- and the Shiley heart valve. We do not primary issue. There hasn’t been a sin- 1970’s. have the kinds of problems that we had

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9816 CONGRESSIONAL RECORD — SENATE September 24, 1997 with earlier medical device tragedies. able to look at that medical device So today the FDA is unequaled in the What we have now is an excellent that may meet the safety standard sub- world for its record in getting new record of safety and effectiveness with stantial equivalence but it clearly in- drugs to market quickly, without sac- devices, and it is against that back- tended to be used and marketed for an- rificing patient protection. In fact, last ground we find some in the medical de- other purpose. A purpose for which year average review times in the vice industry want to make it even safety and effectiveness data have not United States were twice as fast as in more profitable for themselves, and to been gathered or evaluated. Europe. Fifteen new drugs were ap- do so at the risk of the public. Let’s get back to the fundamentals. proved in both the European Union and Continuing along with the survey: The main purpose of the FDA reform the United States. In 80 percent of the The overall results of the survey indicate bill was to reauthorize the Prescription cases, the United States approved the widespread satisfaction with the medical de- Drug User Fee Act of 1992 known as new drugs either first or at the same vice business climate. A substantial major- PDUFA. PDUFA is one of the most ef- time as the European Union. More ity of the survey respondents characterized fective regulatory reform programs companies chose the United States for business conditions for the device industry ever enacted. Under PDUFA, the phar- the introduction of breakthrough drugs as good to excellent. One important cause of maceutical industry pays the user fees than any other country. this year’s improved outlook is perceived im- that cover part of the cost of FDA’s That is the current record. In addi- provement in relationships with the FDA. drug approval and regulatory function to speeding the review times, the The declining complaints about the agency tions. And with these additional re- FDA has taken far-reaching steps to mirror the increase in positive business out- looks. Much of this improvement is no doubt sources the FDA has been able to hire reduce unnecessary burdens on indus- due to the dramatic decrease in the last 2 additional personnel so that drugs can try and modernize its regulatory proc- years of 510(k) product approval times which be reviewed more promptly. As impor- esses. More needs to be done, but these the FDA has made a lead focus of its internal tant as these additional resources steps have added up to a quiet revolu- reforms. were, equally important were the spe- tion in the way FDA fulfills its critical Ray Larkin, President and CEO, Nelcor, cific performance targets for speedier mission. When the prescription drug Purett & Bennett, Pleasanton, CA, under- drug review negotiated between the in- user fee was originally passed, the de- lines the extent of the improvement of the dustry and the FDA as part of the vice industry refused to agree to the FDA: ‘‘As critical as I may have been a year PDUFA agreement. user fees that would give the FDA addi- ago, I think they have made significant improvements in the product approval and the This is where the industry, working tional resources and performance compliance side. The whole regulatory envi- with the agency, said, well, if we give standards that have contributed so ronment is improving.’’ support for this and it becomes law and much to the agency’s outstanding This is what industry itself is saying they get the additional resources to record on drugs and biologics. But even about the FDA. This is not just those hire the personnel, can we reach these in the device area, the recent FDA of us who are opposed to this particular target timeframes for approval, and achievements have been impressive. provision. This is the industry itself. the agency agreed to that. And we had I think it is fair to say that following How many times have we heard, ‘‘If it extraordinary accountability. We found passage of PDUFA, the primary pri- a 90 to 95 percent compliance with is not broke, why fix it.’’ And here we ority of the FDA was to implement those goals. The industry establishing that commitment and contract with have the wide approval by the regu- the support for the PDUFA fee resulted the pharmaceutical industry. And I do lated industry itself. And yet some in important and dramatic progress think that the agency gave that a here in this body want to deride this made. The combination of performance higher priority than it did moving progress and put the American public targets, additional resources, and the ahead in terms of the medical devices. at risk by denying the agency the abil- leadership of Dr. Kessler, the former I think that is probably a fair criti- ity to review important information FDA Commissioner, has created a regu- cism. But once PDUFA had been effec- about safety and effectiveness when latory revolution at the FDA. tuated, the priorities shifted to the the information on the label is false Listening to some of the speeches we medical device industry. and misleading. have heard during the course of this de- I remember the debate on PDUFA And here is Medical Economics of bate, you would think the FDA was a quite clearly. I welcomed the oppor- this year. regulatory dinosaur mired in the past, tunity to join with my colleague, Sen- The demand for devices has created a cumbersome and bureaucratic, impos- ator HATCH, and others in the adoption worldwide market of $120 billion including ing unnecessary and costly regulatory of PDUFA, and I remember the efforts $50 billion in the U.S. burdens on industry and denying pa- we made in the area of the medical de- That’s growing by 8 percent annu- tients speedy access to lifesaving vice industry to do exactly the same ally. drugs. thing. But we were unable to get the A healthy industry, thank goodness, That is a myth that those who want device industry to agree to that. I because I think all of us know the im- to destroy the FDA in the interest of think it is unfortunate. Any fair eval- portance of these medical devices when an extreme ideological agenda or in the uation in terms of the FDA in looking they are safe and effective. But we interest of higher profits and at the ex- over the period of the time since the have to make sure they are safe and ef- pense of the patients, would love you passage of the PDUFA, the changes in fective. We do not want to compromise to believe. It is not true. The FDA’s the way that the agency worked in ad- the current superb safety record. regulatory record is the envy of the vancing and accelerating the consider- An extensive study was conducted by world, and it sets the gold standard for ation of pharmaceuticals and biologics the Medical Device Diagnostic Indus- protection of patient health and safety. would understand that they get the pri- try magazine this year that showed Over the last few years, in partner- ority. It has been only in recent years that the executive rating of device in- ship with Congress and the administra- that the device industry has received dustry business is at an all-time high— tion, the FDA has responded to grow- attention, with the results which I 58 percent favorable, 11 percent unfa- ing criticisms of delays in approving mentioned just a few moments ago. vorable. ‘‘Expectations of the medical new products by taking impressive The so-called 510(k) application de- device business conditions.’’ The best steps to improve its performance. The vices, which are approved on the basis that it has been in any time in recent Prescription Drug User Fee Act of 1992 of substantial equivalence to a device years. All the measures indicating that was one of the most effective regu- already on the market, account for 95 the medical device industry is doing latory reform programs ever enacted. percent of the device submissions. The well, that the public is being served, The bill established a new partnership FDA has virtually eliminated its back- safety is being addressed. between the industry and the agency. log. Last year it reviewed 94 percent of Even with regulatory protections for The industry agreed to provide the ad- these devices within the statutory safety, the speed with which these de- ditional resources. The agency agreed timeframe compared to 40 percent just vices are being approved has been im- to a measurable performance standard 4 years ago—dramatic improvement. proved, nonetheless we are being asked to speed the review of products, and And we haven’t compromised safety in to alter those conditions. We are being every goal set by the legislation has the process. Why are we now attempt- asked to handcuff the FDA from being not only been met but been exceeded. ing to undermine the health and the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9817 safety of the American public? Why are We had a long debate about how we Among the provisions that we all agree on we risking it? were going to reduce the number of are those that set forth the Agency’s mis- Mr. President, even in the area of days: 180, 360, 120, or 90 days—for the sion, codify reforms to the regulations of class III devices, which is where most approval on these various issues. That biotechnology products, provide expedited problems remain, the FDA has im- authority for the adoption of third party per- was taking our eye off the ball. What is formance standards for device review and for proved its performance substantially. important is development time. In our the classification of devices, and streamline According to a study by the GAO, me- own review of FDA, what makes the submission requirements for manufacturing dian review times dropped 60 percent most difference reducing total approval changes and marketing applications for between 1991 and 1996. A recent survey time is reducing development time. drugs and biologics. of device industry executives reported The agency has been doing really ex- I must emphasize that these provisions that the business climate for the indus- cellent work. In addition to PDUFA, represent very significant reform, on which try is the best in a 5-year history of the there are a number of other provisions all parties have worked hard to reach consensus, and which I hope will not be jeopard- survey. The sponsor of the survey at- changing the way the agency does busi- tributes the favorable response in large ized by insistence on other provisions on ness, particularly in the area of med- which we have not reached agreement. measure to the improvements at FDA ical devices. As originally introduced, Unfortunately, the Chairman’s substitute and concludes: the bill included many extreme provi- to S. 830, also includes a number of provi- The agency has not only reduced the prod- sions that posed significant threats to sions which as drafted do not reflect con- uct approval delays that slowed new product public health. It was important that sensus and about which I have very signifi- introductions, but, perhaps more impor- these provisions be modified before the cant concerns. Also, the current version is tantly, has also greatly reduced both execu- legislation could be allowed to move not ‘‘balanced’’ in that it does not take ad- tives’ and investors’ uncertainty about the vantage of significant opportunities to forward. I compliment Senator JEF- timeliness of future product introductions. strengthen current law so FDA can more ef- That is the conclusion of the General FORDS and the other members of the fectively protect the public health. The most Accounting Office. That is not the con- committee, Republicans and Demo- significant of the non-consensus provisions, clusion of those of us who are trying to crats alike, on their willingness to summarized on the enclosed list, would un- say look, the system is working, the compromise on these unacceptable pro- dermine the public health protections that devices that are getting into the FDA posals over the months we worked on the American people now enjoy, by: (1) low- are being approved in record time, they the bill. I would like to review a num- ering the review standard for marketing approval; (2) allowing distribution of experi- are getting out to benefit the people ber of these provisions for the Members of the Senate so they understand the mental therapies without adequate safe- and we have a solid safety record. guards to assure patient safety or comple- We are being asked here to walk changes this legislation makes and the tion of research on efficacy; (3) allowing away from that safety record. We are pitfalls that have been avoided. These health claims for foods and economic claims being asked here, for the first time compromises must not be undone as for drugs and biologic products without ade- since we passed serious medical device the bill moves further through the leg- quate scientific proof; (4) requiring third legislation 25 years ago, to take steps islative process. I am proud the party review even for devices that require backward in the area of protecting the progress that has been made. We have clinical data; and (5) burdening the Agency American public. reached constructive compromises on with extensive new regulatory requirements In a recent FDA report, the agency more than 20 items. that will detract resources from critical Agency functions without commensurate en- sets new targets for even quicker re- I have here the letter that was sent hancement of the public health. Another sig- view of the class III devices while still to the chairman by the Secretary of nificant nonconsensus item is the set of ad- giving assurances that we are going to Health and Human Services in June, justment provisions in sections 703 and 704, continue to protect the public. The June 11, as the committee was consid- which together require significant increases agency is doing a good job now. It will ering the FDA reform. In this, the Sec- in FDA’s appropriations levels over FY 1998 be doing an even better job in the fu- retary mentions, ‘‘Unfortunately, the through 2002 (almost $100 million above the ture. There is no justification for Chairman’s substitute to S. 830, also FY 1998 Budget with levels rising thereafter). weakening the FDA power to protect includes a number of provisions which We recognize that the ability of the FDA to the public—not based on the myth that commit to specific performance goals under as drafted do not reflect consensus and PDUFA depends on the resources it will have it is denying patients prompt access to about which I have very significant available. We would support a user fee pro- needed new products. concerns.’’ posal that is consistent with our FY 1998 If you listened to this debate for the I will not take the time of the Senate Budget proposal, but we are concerned that past days, the other side’s description now to review those. But basically they the proposal to collect user fees in this legis- of the FDA may have been accurate 5 include some 20 different provisions. I lation imposes additional pressure on the years ago or 10 years ago, but does not ask unanimous consent to have those fixed level of the discretionary resources agreed to under the Bipartisan Budget reflect where the FDA is today. And printed in the RECORD. that is not just my opinion, but it is Agreement. There being no objection, the letter We note the inclusion of the provision on what we hear from the General Ac- was ordered to be printed in the counting Office, and what we have the pediatric labeling in the most recent version RECORD, as follows: of the Committee mark. We believe it should industry itself saying. be revised to assure a more appropriate sys- The most important aspect of this SECRETARY OF HEALTH AND HUMAN SERVICES, tem for testing drugs for pediatric use before bill is the reauthorization of PDUFA. Washington, DC, June 11, 1997. they are prescribed for children. The new PDUFA program was nego- Hon. JAMES M. JEFFORDS, I want to commend you and members of tiated between the FDA and the indus- Chairman, Committee on Labor and Human Re- the Committee on both sides of the aisle on try. It expands existing programs by sources, the progress we have made together to de- setting additional performance stand- U.S. Senate, Washington, DC. velop a package of sensible, consensus re- ards and puts special emphasis on ex- DEAR SENATOR JEFFORDS: For the past sev- form provisions that are ready for consider- panding early cooperation between the eral months the Administration has been ation with reauthorization of the Prescrip- FDA and industry so the drug develop- working with the Senate Labor and Human tion Drug User Fee Act (PDUFA). We are in- Resources Committee on legislation to im- terested and prepared to continue working ment process, not just the regulatory prove the performance and accountability of with the Committee to reach consensus on process, can be stepped up. The agency the Food and Drug Administration (FDA or additional issues—and have proposed accept- has been creative in anticipating the the Agency), while preserving and enhancing able alternative approaches to many of the possibility of major new drug break- the Agency’s ability to protect and promote objectionable provisions. My concern is the throughs. They have been working the public health. I appreciate the efforts time for reauthorization of PDUFA is run- with the industry in new ways to help that you, Senator Kennedy, and the other ning perilously short. As I indicated in my shape and formulate the way the indus- members of the Committee have made in recent letter to you, I am concerned that the try effects its application so it can be this regard and believe that considerable inclusion of non-consensus issues in the progress has been made toward these goals. Committee’s bill will result in a protracted approved in more expeditious manner. The Food and Drug Administration Mod- and contentious debate. This would not serve This is because we are not just inter- ernization and Accountability Act of 1997, S. our mutual goal of timely reauthorization of ested in drug approvals but also devel- 830, includes approximately 20 provisions PDUFA and passage of constructive, con- opment times. that represent significant consensus reforms. sensus bipartisan FDA reform.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9818 CONGRESSIONAL RECORD — SENATE September 24, 1997 A copy of this letter is also being sent to ering new drugs. The basic concerns Human Services, the people who are the ranking Minority member, Senator Ken- the administration had on features of charged with protecting the American nedy, and the other members of the Senate the third-party review, the approval people. We worked out the 19 of the 20. Labor and Human Resources Committee. standard for some of the drug and bio- Everyone gave a little, took a little, Sincerely, DONNA E. SHALALA. logic devices, limits that were put on but 19 of those 20 have been worked Enclosure. the FDA to evaluate some of the clin- out. Not this particular provision. It S. 830 (CHAIRMAN’S SUBSTITUTE) ical outcomes for devices, and the took time to work out those com- A. Major Concerns: lower approval standards that were in- promises. I think the time spent was cluded in some radio-pharmaceuticals. well worth it. This is a much better bill 1. Cumulative Regulatory Burdens/No Pro- visions to Promote Public Health.—Many They had some concerns about the than would have come out of that com- new regulatory burdens are being imposed on health claims for foods and expanded mittee or on the floor in June or July FDA (list enclosed) and little that can be ad- access to investigational therapies, or August, or even the early part of vanced as promoting public health. which allow drug or devices companies September. 2. Third Party Review of Devices (Sec. to sell investigational products for any What were those steps that we took? 204).—Expansion of FDA’s existing pilot serious disease without FDA approval First of all, we preserved the States’ project for review of medical devices (in- and without appropriate protections oversight of the safety of cosmetics. cludes devices that require clinical data) by for clinical investigators. The device This compromise assures that the organizations accredited by FDA. 3. Approval Standard for Drugs/Biologics/ modification allowed the companies to States will be able to continue to regu- Devices (Secs. 404/409/609/610/611/619).—Effec- make manufacturing changes that af- late the safety of cosmetics. The Gregg tiveness standard for drugs and biologics fected devices’ safety and effectiveness proposal in the underlying bill would needs further clarification; for supplements without ever notifying the FDA; the have barred the States from any regu- (applications for new uses) lowers standard health economic claims that would lation whatsoever of cosmetics, even such that they might not ever require a allow industry to discuss health eco- though the FDA has neither the au- single investigation; limits FDA authority nomic claims given to managed care thority nor the staff to regulate these to evaluate clinical outcomes for devices; organizations under a low evidentiary products. The compromise allowed the and lowers approval standard for radiopharmaceuticals, including PET drugs. standard and without FDA review. States to continue their regulation un- 4. Health Claims For Foods (Sec. 617).— There was pediatric labeling, and the less a specific inconsistent regulation Health claims not approved by the FDA but whole question on the humanitarian has been issued by the FDA in a par- consisting of information published by au- use of devices and collaborative deter- ticular area. We went through that de- thoritative government scientific bodies minations. There were also some con- bate. We found the examples, particu- (e.g., NAS or NCI) would be permitted for use cerns about off-label use of drugs, drug larly with regard to the State of Cali- by companies in the labeling of food prod- compounding. fornia, how they were able to protect ucts, even if it is very preliminary. If you look at the improvements in their consumers. In some cases there 5. Expanded Access to Investigational the bill and the compromises worked Therapies (Sec. 102).—Would allow drug and were carcinogens in the products and device companies to sell an investigational out here, 19 of the 20 have been worked the manufacturing company changed product for any serious disease or condition out to the satisfaction of HHS and the the formula and were able to get right without FDA approval and without appro- FDA. There may be some groups that back out there and produce the product priate protections for clinical investigations. do not feel that certain provisions are and have record sales. 6. Device Modifications (Sec. 601).—Would worked out adequately. But I am pre- The toluene that was in lipstick, allow companies to make manufacturing pared to defend those compromises. which is related to another carcinogen changes that affect a device’s safety and ef- There is only one that remains. That is that was related to some birth defects fectiveness without FDA agreement. 7. Health Economic Claims (Sec. 612).— the provision that we are addressing with children was altered and changed. Would allow industry to discuss health eco- here. Whether we are going to permit We have had important studies that nomic claims given to managed care organi- false and misleading labeling on a par- have been done up in Seattle, WA, at zations under a lower evidentiary standard ticular product and deny the FDA the the University of Washington and and without FDA review, even if the claim right to look behind that label in order other medical centers, about some of compared the safety or efficacy of two drugs. to protect the safety of the families of the potential dangers of use of talcum 8. Pediatric Labeling.—Would provide an America. There were 19 accepted, only powder on small infants and its rela- incentive of six months of market exclu- one remains—but it is an important tionship to ovarian cancer. sivity to encourage pharmaceutical compa- These were studies, scientific studies nies to conduct necessary clinical trials for one. FDA approval of their products for children; Why is it, if we are able to work out that were done by the States, that are doesn’t assure that necessary labeling for 19 of the 20, can’t work out this one? directly related to protecting health children will be included; and might under- The Senator from Rhode Island offered and safety. The FDA does not provide cut FDA’s ability to use other means such as an excellent amendment yesterday for that kind of protection. Nonethe- regulations. saying, ‘‘OK, we will go along with the less, there was an effort to preempt B. Other Significant Concerns: existing language that is in the bill. States from protecting health and safe- 1. Expanded Humanitarian Use of Devices But we will also add the language that ty. We were able to defeat that. I think (Sec. 103). nothing in the label will be false and that was important. I believe the con- 2. Device Collaborative Determinations/Re- misleading.’’ False and misleading; sumers in those States think so. view (Secs. 301/302). that was defeated. Those Member who Second, the safeguard for off-label 3. Limitations on Initial Classification De- voted against it, I expect, will have to use of drugs. This important com- terminations (Sec. 407). 4. Evaluation of Automatic Class III Des- explain to their constituents why they promise will allow companies to cir- ignation (Sec. 604). would resist an amendment that said culate reputable journal articles about 5. PMS (Sec. 606). we should not permit the medical man- off-label use of drugs but will ulti- C. Currently In The Bill—No Language Pro- ufacturer to submit something false mately enhance the public’s health and vided Yet: and misleading. safety because the FDA will be given 1. Off-Label Use of Drugs (floor amendment Members are saying that this has the opportunity to review, comment expected). been a long process that has taken a on, and approve articles which the 2. Drug Compounding (amendment ex- good deal of time. This measure was companies circulate. The compromise pected). considered in the last Congress and also requires the companies to under- Mr. KENNEDY. They are listed here. now again in this Congress. We could take studies on the safety of their There are 20 items, major concerns have acted on these measures. We drugs for the specific off-label use and about the cumulative aspect of the reg- could have acted before June 11 and not submit applications to the FDA for ap- ulatory burdens, the various kinds of dealt with any of the outstanding proval for their drugs for these uses advisory committees, the advisory health and safety issues. But the fact within 3 years. That was not in the leg- committees and the regulatory burdens of the matter is, we took the time, we islation prior to this compromise. We that would have added to the com- listened to the arguments of the FDA saw the steps that were taken to meet plexity, and even the process of consid- and the Department of Health and the safety standards.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9819 Currently, companies are circulating really wonder if they have any hope at But during this same period of time, articles without reviewing them for all in trying to get some of the modern the United States has been the most off-label use, without seeking review or kinds of breakthrough drugs innovative nation in the world, par- approval by the FDA, and without con- We have accepted the Snowe-Fein- ticularly in the arena of medical re- ducting the studies which would lead stein piece of legislation that will give search. I think back to my dad, who is to an ultimate FDA approval or dis- individuals who have a particular life- 86 years of age, who practiced medicine approval of the drug. threatening illness or sickness the op- for 55 years. I remember when I was a We wanted to make sure that the portunity to tap into the NIH database very young boy traveling with him as companies were going to conduct the to find out what clinical trials are tak- he would make house calls, and now to safety standards for the use of those ing place. This is a very, very impor- think how much things have changed particular drugs. We were able to work tant additional provision, and I com- over that period of time in terms of that out. Again, to protect the Amer- mend our Senators who are not on the antibiotics, antiviral agents, vaccines, ican public. committee but who have been inter- treatments for diseases that when I Expanding access to drugs for pa- ested and involved in this. That is was a child were devastating to large tients and fast track approval. The fast very, very important. populations. You look at hepatitis B, track approval—this is one of the most Mr. President, another area that we chicken pox, polio, many forms of can- important new initiatives in the legis- reviewed is the streamlining of the cer, the list goes on of what we can lation—will provide the same stream- FDA procedures. The concern initially treat today. lined availability for drug treatments was in the areas of contracting out of We have developed important new for patients with any life-threatening various functions of the FDA. We talk surgical procedures. As a surgeon who disease now available to patients with about not only timeliness but also has been in the medical field for the cancer or AIDS. It is a major break- about the importance of preserving past 20 years, I have had the real privi- through for patients who have life- quality. We have to make sure that we lege to watch fields unfold that were are not only interested in timeliness, threatening diseases. nonexistent even when I was in medical but we are also concerned about the We were moving through the meas- school. I think of certain types of tis- ures in the bill and pointing out in quality. We have also, in this streamlining of sue transplants, lung transplants, June of last year that the Secretary of which I was doing routinely before HHS identified 20 major areas that we the FDA procedures, worked out how we were going to try to review third- coming to the Senate, that 15 years ago ought to review and work through in were not done at all. trying to accommodate some of the party review. That was worked out in a way which I think has virtual broad I think of the new medical device im- health and safety concerns. plants like little stents we can now Effectively, we have resolved 19 of support. It permits 70 percent of all the devices that would be eligible to be replace in the coronary arteries which those. The only unresolved matter, ac- feed the heart, which were nonexistent cording to the letter from the HHS, is viewed. But in the areas that are the very significant higher level of class 10 years ago; the artificial joints, the the provision on section 404. hips, the knees. What I was trying to do is to point II—a limited number of class II and out a number of these areas where we class III will remain outside of that Thanks to the new biomedical drugs have made important progress and to particular protocol so that we will and products, we have new protocols mention the safety provisions that had have a chance to review the results of for treating everything from AIDS, been worked out and included in a bi- the research that will be done. We have where we demonstrated tremendous partisan way. accelerated the time for that review, so success in the last year, to the treat- I was mentioning the expanded ac- the information will come back in ment of other diseases like cystic fi- cess to drugs for patients on the fast- quicker and we will be able to evaluate brosis. track approval. We have had more than the results of that particular process. However, in recent decades the FDA, 17 different pharmaceuticals or drugs Mr. FRIST addressed the Chair. which has never had in writing a clear The PRESIDING OFFICER (Mr. that have been identified for fast-track mission statement to guide its hand, THOMAS). The Senator from Tennessee. procedure. We are taking what has has become too bureaucratic, too top Mr. FRIST. It is a real pleasure for heavy, with excessive regulation. I say been the practice of the FDA and actu- me to take a few moments and reflect ally demonstrating by legislation, the this again out of tremendous respect on my interpretation of where we are for the FDA, having seen firsthand the importance of this particular proce- today and the significance of the bill dure. We are trying to make the tremendous successes of that agency. that is before us. To address this problem the FDA, to progress available to all those that It was 1938, not that long ago, that its credit, has been very aggressive in have life-threatening diseases by giv- Congress passed the Food, Drug and undertaking a number of reforms inter- ing authority to those researchers who Cosmetic Act. And at that time the believe the opportunities for fast- primary mission was defined fairly nally that have reduced the regulatory tracking these various pharma- clearly to be to protect the public burden on industry and have improved ceuticals will benefit the American health by safeguarding Americans from patient access to new therapies. public. unsafe and ineffective products. However, it is clear that much, much That has been successful for AIDS Over the past 60 years, the FDA has more needs to be done. In the past, and cancer, and now we are encour- truly done an excellent job on the medical discoveries typically reached aging its use for other life-threatenting whole in fulfilling this mission to the patient in a relatively short period conditions. make sure that food is safe and whole- of time. Again, when my father first We have also expanded access for some and that drugs and medical de- started the practice of medicine, it drugs under investigation for patients vices are safe and effective for treating took an average of anywhere from 7 to who have no other alternative. So an disabilities and the diseases that have 8 years for a new drug, a new pharma- individual who might not otherwise plagued us over the years. ceutical agent to pass through the en- qualify for various clinical trial proto- You can look back and cite numer- tire discovery and approval process. cols can get access to a drug if they ous, numerous examples that recall the Now, although in certain areas there have no other alternative. If this is the FDA’s important role, their vigilance has been tremendous improvement, it last gasp, the last hope that they will in protecting the American public from takes anywhere from 10 to 15 years to be able to have access to some of the unsafe drugs. Think back to Thalido- go through that discovery process and modalities that might not have been mide. We think back to the FDA’s through that approval or disapproval particularly identified for this par- quick response to the Tylenol tam- process. Everybody agrees that is too ticular illness or sickness but their pering case as evidence of the effective- long. Everybody agrees that you can medical professionals believe they ness that that very important Govern- have the same or improved standards if should have access, and we are moving ment entity plays that affects each of we streamline, if we coordinate, if we in that direction. I think that gives a our lives in ways that many of us do modernize the Food and Drug Adminis- degree of hope to many of those who not realize. tration.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9820 CONGRESSIONAL RECORD — SENATE September 24, 1997 That is what this bill is about, not a Thus, we need a structure to address DODD, and MIKULSKI and my other col- lowering of standards, not putting de- these great breakthroughs, this great leagues on the Labor Committee, Sen- vices or pharmaceutical agents out on innovation, that is up to date, that is ator KENNEDY, all for their tireless ef- the market that have not gone through modernized, that is well organized, forts and commitment to modernizing that eye of the needle of disciplined, that is disciplined, that is coordinated. the FDA. very high standards that we all expect That is what this bill achieves. With But to the American people I hope we of the Food and Drug Administration. the explosive growth in technology, the have sent a signal that we can accom- Unfortunately, up-to-the-minute ad- FDA needs to better use the consider- plish a very good bill, yes, a first step, vances in medical science, advances able genius and talent of non-Govern- but a very good bill in updating an or- that are occurring at increasing speed, ment scientists and researchers. ganization, in updating a Federal agen- are not making it to our marketplace There is always a great fear when we cy which will affect the lives of every as quickly as they should. Many times approach this issue of so-called con- American in a positive way. these advances are going overseas. tracting out because people can paint I do urge my colleagues later today Too often you see that a drug that is the picture that only Government peo- to support this bill. But I also ask that in this long pipeline, and we know it is ple, only Government scientists have we all view this legislation and discus- a potential benefit, all of a sudden the ethics, have the honesty, have the sion as an ongoing commitment to im- moves overseas. It moves overseas for integrity to be able to make decisions, prove the agency, not just a one-shot trials, for ultimate approval too often. to be able to look at clinical data and change in the agency, which we will Many times the manufacturing of that say what is best, what is dangerous, put aside and come look at again in 10 drug or of that device also follows it what is a benefit to the patient. years, but realize this needs to be an overseas. That is just not right. We have many ongoing process with continued over- I think the FDA regulatory structure good people in the private sector. In sight. simply has not kept pace with the truth, because science is moving so fast The Prescription Drug User Fee Act, rapid rate at which scientific discovery and is so complicated, so intricate, it is commonly known as PDUFA, has been is being made. In too many cases, almost absurd for us to expect that we commented upon today. It has been one which I personally hear among inves- can hire in the Federal Government all of the great successes in the relation- tigators in the academic community of the research scientists necessary to ship between the FDA, industry, and and the private sector, the FDA has be- be able to conduct studies, look at the American people. This bill is much come a barrier, a barrier instead of a studies, interpret data from the stud- more than just a reauthorization of partner, to innovation and to access to ies. Almost by necessity, because of the PDUFA. It is also about improving the medical therapies. It is that concept of speed with which science is developing, FDA and fostering, better communica- dropping down the barrier and facili- we need to reach out and access many tion and partnering with the private tating that partnership with very high very, very good experts that are in the sector. standards that this bill achieves. private sector. I am a cosponsor of this bill because I mentioned U.S. biomedical research One of the greatest complaints I believe it is a needed step in the right moving overseas. The implications are against the FDA that I hear is a feeling direction. We need to continue the de- significant. It is very hard to put a that the FDA has not been willing to bate, to look at both short and long- price tag on this in the short term. But collaborate and partner with others in term investment of resources in order if we drive our very best biomedical the private sector, it might be indus- to move the agency forward in areas of science, our very best biomedical re- try, might by academia, it might be regulatory research, professional devel- search off our shores to other coun- the academies, it might be individual opment, collaboration between Govern- tries, over the long term it is to the scientists. People come in and say, ment, academia and the private sector. detriment of our health care, to our ‘‘You know, I sat down with the FDA,’’ I hope to continue working with my quality of life, and to our economy. but there is a real feeling of an adver- colleagues in a bipartisan manner to Our once almost impenetrable edge in sarial relationship rather than a colle- further improve FDA in the following a U.S. dominated market can be lost gial relationship. years. forever if we do not act responsibly We need to make fundamental The Senator from Massachusetts was now. changes in this regard at the FDA. We going through a number of the items in I find my fellow doctors often travel need to build upon the successes in pro- the bill and talking about the work on to Europe to train, to study, to see, not tecting the American public by reener- both sides of the aisle in pulling to- the general foundation of medical gizing the process. We need to revi- gether areas that were contentious ini- knowledge of which we have the best in talize the process of product approval, tially. I want to thank him formally, the world, evident by people from all speeding approval where appropriate, and his staff, for working together on over the world coming here to study meeting high standards, improving and what I consider a very important as- medicine, but for innovative, break- enhancing communication between the pect of this bill that has to do with dis- through therapies. Too often today the FDA and the public it serves, nur- semination of scientifically, peer-re- therapies, the technologies, the re- turing, not stifling, research and inno- viewed medical literature to my col- search is moving overseas, and, there- vation. And, yes, we need to draw upon leagues, to people in the health care fore, even my colleagues go overseas to the untapped scientific excellence out- profession, about the uses of drugs, learn something that they should be side the FDA, at all times remem- both on-label and off-label. learning right here in this country. bering that the FDA has the final say As a physician, I understand the need In the future, as medical science as to whether or not to accept the con- for this up-to-date sharing of more in- moves away from the contemporary clusions from that partnering with out- formation than is currently allowed practice of just treating overt symp- side individuals and agencies. today. Off-label uses have been in the toms when somebody comes in with a The bill before us today, S. 830, the news recently, both in terms of phar- complaint, an organ failure, to a med- Food and Drug Administration Mod- maceuticals, and we have talked a lot ical field where we begin to fabricate ernization and Accountability Act of about it in terms of devices recently. organs, where we do transplants, where 1997, does represent a bipartisan effort, I think it is very confusing to the we diagnose and treat disease at the including significant input from the American people what off-label use of molecular level, at the genetic level, Food and Drug Administration aimed medicines is. In truth, about 90-percent playing off the tremendous success we at making the FDA more efficient. The of all cancer therapies are off-label have seen in the human genome bill was passed out of the Labor Com- today. So if you have cancer, there is a project, a project that I might add as mittee on June 18 with a bipartisan 90 percent chance you will be receiving an aside is coming in under budget and vote, again, 14–4. On September 23, the off-label medicine. When we say off- much quicker than we would have ever Senate overwhelmingly approved the label, it doesn’t mean the medicines anticipated even 6 years ago, the possi- substitute amendment by Senator JEF- are bad. Sometimes it means those are bilities for new drugs, new devices, new FORDS. the most effective, and in cancer ther- methods of patient treatment are vir- I want to take this opportunity to apy, it does mean they are the most ef- tually limitless. commend Senators JEFFORDS, COATS, fective, up-to-date modern therapy to

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9821 have if you want your cancer treated. says is not treatable, it is incurable. of these areas in this bill, which has The American Medical Association has Where do you turn today? Nobody kind of gotten lost in the dialog, espe- estimated between 40 and 60 percent of knows. There is no central repository, cially in the off-label use which has all prescriptions are for off-label uses, no database for sharing information of been a very contentious issue. But I and up around 50 to 60 percent for the where the most up-to-date clinical think the resolution which you and pediatric population, which means if trials exist. There will be after this bill Senator MACK, working with Senator your child is sick today medical ther- is passed. KENNEDY, myself and others have come apy is likely to be off-label. This bill will also expand the fast- up with is a tremendous step forward Why? It only makes sense. The FDA track drug approval process for new in preventing such things that have oc- can’t study every use for every drug in drugs intended for the treatment of se- curred in fen/phen and things like that, every combination of drug available. It rious or life-threatening conditions. It and making sure we exchange knowl- is impossible to do today. puts a focus right on those conditions edge and that we work together to im- I want to acknowledge the tremen- that we know people are dying from prove what can be improved. dous work by Senator MACK on this every day. Let’s focus in that par- I deeply appreciate the comments of particular provision during the last few ticular area, make sure we get poten- the Senator and all the work the Sen- years. I have had the opportunity to tial drugs to market if they are safe, ator has put into this bill. Your exper- work with him over the last 21⁄2 years sooner than the 15 years that we are tise and your knowledge has been a re- on this specific provision of dissemina- averaging over the last decade from be- ward to us and has given us confidence tion of information. I want to thank ginning to the initial discovery to final that we have done the right thing. You Senators DODD, WYDEN, and BOXER, and placement on the market. The bill have done a fantastic job and it is deep- Senator KENNEDY for his work in nego- itself will provide access to investiga- ly appreciated. I yield the floor. tiating with us in order to allow the in- tional therapies for patients who have I see the Senator from Delaware on clusion of this important provision no other alternative but to try an un- the floor. I would be glad to yield to which will be to the benefit of all approved investigational product. him for the time that he might take. Americans in S. 830. Consumers will also benefit from this The PRESIDING OFFICER (Mr. The bill before the Senate today will bill. The Senator from New Hampshire GREGG). The Senator from Delaware is help meet the need for increased access talked earlier this morning about na- recognized. to scientific and technical expertise tional uniformity. It is critically im- Mr. BIDEN. I thank my colleague. that is currently lacking at the FDA. I portant. We have not talked much With the permission of the Chair and touched upon this. It is that whole con- about that in terms of food and drugs my colleagues, I will take about 12 cept of interagency collaboration with over the last several days. The uni- minutes, if I may. Federal agencies and with the private formity aspect of over-the-counter Mr. President, the purpose of this sector. We will see more collaboration drugs, the uniformity there will have a FDA reform bill we are considering with the National Institutes of Health, huge impact. Again, touching people in today is obviously to streamline the more collaboration with the Centers all sorts of ways. It will keep prices process for approving drugs so that for Disease Control, the National Acad- down, it will provide the consumer they are available to people who need emy of Sciences. with a unified and consistent informa- them more quickly. I support the bill The bill allows the FDA to contract tion for self-medication. and I look forward to its becoming law. with outside reviewers and expand its Another benefit to consumers, if the But, Mr. President, I rise today to current third-party medical device re- health claim information for food, pub- speak to several amendments and sev- view pilot program which has been lished by the NIH or the CDC, Centers eral points that were, quite frankly, very successful to date. Everyone for Disease Control, or other Govern- made nongermane as a consequence of agrees that it has been successful, ment, well-respected scientific bodies, the cloture vote, so I will pursue this which in turn will help conserve FDA will be allowed to appear on food label- at another date. I rise today to discuss resources, so that those resources can ing, giving the consumer accurate in- the problem of drugs that do not get to be used in other areas. Because the formation, educating the consumer, the market, even though we need them FDA always retains the final authority empowering the consumer when they desperately, because there are insuffi- to approve or disapprove new drugs or make their dietary choices. cient financial incentives for pharma- medical devices reviewed by outside ex- In closing, Mr. President, this bill is ceutical companies to develop these perts, the FDA always has the final au- a good bill that will benefit all Ameri- drugs that we need to get to the mar- thority, and it will not impede nor cans now and into the future. Medical ket. In particular, I am speaking about weaken the FDA’s ability to safeguard science, moving at skyrocketing speed, medicines to treat addiction to illegal the public health. To help alleviate the offers promise of not just longer, but drugs like cocaine and heroin, so-called confusion and frustration that many healthier lives, a higher quality of life. pharmacotherapies—that is, drugs that feel today in working with the FDA, In the not-too-distant future, medical would be able to be developed and used the bill codifies evidence requirements science and medical technology will to combat addiction to cocaine and for new drug and medical device appli- not just thwart the assaults of infec- heroin and other scheduled drugs. cation submissions, it improves com- tious agents, but will eliminate many Since 1989, when I first offered a communication between the agency and in- of the ailments of modern life. prehensive report, which—I don’t know dustry. After almost 60 years, the FDA The FDA must facilitate, not com- whether I am going to burden the will be held and made accountable by plicate, that endeavor. We need a new RECORD with it, but I will point it out giving it a specific mission statement model for a new century. It is time to to my colleagues. It was a report enti- and requiring the FDA to develop a update the FDA. This bill accomplishes tled ‘‘Pharmacotherapy: A Strategy for plan of action to meet its requirements that reform, that modernization. It the 1990s.’’ Since that time, I have ar- under law. will give a starting point for a model gued that a key component of our na- Again, we talk a lot about the spe- that will facilitate, not stifle, the med- tional drug strategy should be the de- cific provisions of the bill. The bill as a ical progress of mankind. velopment of these pharmacotherapies whole, once it is passed, will be of ben- I yield the floor. that would act as antigens or antago- efit to every American, to every con- Mr. JEFFORDS. Mr. President, I nists to the effects of the illegal drugs sumer, to every patient. Thanks to the would like to express my sincere appre- being purchased on the streets. bipartisan efforts of Senators SNOWE, ciation to Senator FRIST, especially for These medicines are critical for turn- FEINSTEIN, and DODD, individuals with his most recent discussion. ing around addicts, particularly ad- serious life-threatening disease will be We have been concentrating on one dicts who are difficult to treat with able to access new clinical trial data- small part of this bill—small in the traditional methods. Getting these ad- bases providing expedited access to in- sense of the number of pages or words dicts off of drugs is one of the most im- vestigational therapies. relative to the rest of the bill, and by portant efforts we can undertake to re- Imagine yourself being in a situation outlining and expressing the tremen- duce the harm done to our Nation by of having a disease which somebody dous advancements we made in many the drug epidemic—because these

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9822 CONGRESSIONAL RECORD — SENATE September 24, 1997 treatment-resistant addicts commit treat drug addictions which are at var- medical community says there are so such a large percentage of the drug-re- ious stages of research and develop- many promising avenues we could go lated crime, we would, if we could find ment. By the way, I commend to my down? It would be different if the Na- some of the answers, significantly im- colleagues the report put out by the In- tional Academy of Sciences and re- pact on and increase the safety of all stitute of Medicine called the ‘‘Devel- searchers and experts said, ‘‘You know, Americans. opment of Medications for the Treat- there isn’t any promise here, there is In my 1989 report, I posed the ques- ment of Opiate and Cocaine Addic- nothing we should bother to do, there tion: ‘‘If drug use is an epidemic, are tion.’’ is nothing we can do. This is like try- we doing enough to find a medical Now, of the eight promising medi- ing to be able to go warp speed in our ‘cure’ for this disease?’’ The obvious cines that are out there, one is LAAM, Challenger.’’ Well, that would be one answer, as the report concludes, is, no, a treatment for heroin addiction, the thing. But that is not the case. That is we are not. If, for example, everyone first new medicine since methadone not the case. who was victimized by a drug addict was approved in the early 1970’s. Others Currently, the program I have re- who has knocked them on the head or are Naloxone, Naltrexone, Imipramine, ferred to at the National Institute of hurt them or robbed them or burglar- Desipramine, Carbamazepine, Drug Abuse receives about $67 million. ized their home, and everyone who is Burprenorphine, and Diltiazem. These Increasing that level by 50 percent over addicted to drugs had a rare disease in- are all medicines identified by the var- the next 5 years is the very least we stead of the victims of drug addiction, ious studies—in this case, by the Insti- should be doing in light of the savings or of being addicted to drugs, we would tute of Medicine—that in fact have in crime reduction, reduction in health have a multibillion dollar national promising capacity to deal with either care costs, and other expenses that campaign to find a medical cure for it, blocking the effect of the drug when it would be eliminated or diminished if as we rightfully are attempting to do is ingested by an addict or someone at- we could effectively treat drug addic- with AIDS, breast cancer, or cancer tempting to use it for the first time, or tion with medicine. generally. But there is precious little it has the effect of causing that person Yet, despite the progress being made going on, although there is a lot of po- to be sick and not wanting to take the by Government and university re- tential in the area of developing medi- drug again. Not a silver bullet that searchers, the Federal Government cines, drugs, to combat drug addiction. cures everything, but every single drug cannot solve this problem by itself, Based on my report, I offered legisla- expert I have spoken with indicates even if the amendment I proposed were tion with Senators KENNEDY, MOY- that if these could be developed, they not out of order or were accepted. NIHAN, and others, enacted into law in would be significant tools in aiding in Private industry has not aggressively 1992, which created the Medications De- the recovery of addiction and pre- developed pharmacotherapies for a va- velopment Program of the National In- venting addiction. riety of reasons, including a small cus- The National Academy of Sciences stitute of Drug Abuse and commis- tomer base, difficulties in distributing study also outlined the key steps we sioned a major study by the National medicines to the targeted population, have to take to fully realize the prom- Academy of Science on and fear of being associated with the ise of pharmacotherapeutic research. pharmacotherapies. notion of substance abuse. This study highlighted the promise of Yet, almost a decade after my original There are two major, major drug the medical research that I referred to. report, almost a decade after Senators companies in my State—Zeneca and Du In fact, in recent years, there have KENNEDY, MOYNIHAN, myself and others Pont Merck. They have a number of been a number of promising advances moved to change the law in 1992, de- brilliant researchers. I have visited that give hope that effective medicines spite promising research, despite the their laboratories. could be developed if we dedicated a tremendously important gains that sufficient amount of energy and re- such medicines would mean for our na- They say to me what every other sources. tional effort against a drug epidemic, drug company says. ‘‘OK. BIDEN, how One example of this promising re- despite the fact that it’s clear what many addicted drug people are there in search is the recent development of a steps we have to take to speed and en- all America?’’ I believe the number is compound that appears to immunize courage the research in this area, de- estimated at 5.6 million people. Let’s laboratory animals against the effects spite all this, we are still not doing say we spend $200 million, $300 million, of cocaine. Let me say that again. enough to encourage the development $500 million, or $700 million developing There is a compound that has been de- of medicines to treat drug addiction. it. They say, ‘‘Say we go out and spend veloped in a laboratory that appears— That is why I have come to the floor all this money. And let’s say we come it hasn’t gone through clinical trials— today, Mr. President—to discuss three up with a cure or a silver bullet. How to be able to immunize laboratory ani- amendments I had offered to the FDA do we get that to the 5.6 million people mals against the effects of cocaine. The reform bill. These amendments sought who need it? They don’t have the compound works like a vaccine by to take three different approaches to money to buy it. Are you going to stimulating the immune system to de- addressing our critical need to develop guarantee us that you will buy it? Are velop an antibody that blocks cocaine pharmacotherapies to deal with our you going to guarantee us they will from entering the brain. drug epidemic. take it? What are you going to do? Our Now, this is pure conjecture on my First, I believe we should reauthorize return on investment is de minimis. We part. Let’s assume that that was able the Medications Development Program will lose money in all probability, even to be developed and it worked for of the National Institute of Drug Abuse if we come up with a silver bullet,’’ human beings. What an incredible im- and increase its funding to $100 million which they are not suggesting they pact it would have on the United by the year 2002. I might add, every will. States of America. What an incredible time we identify serious and pernicious Conversely, if they come up with a impact it would have not only on the diseases like breast cancer, prostate silver bullet for prostate cancer, or a addicts, but on those of us who are vic- cancer, or AIDS, what do we do? We all silver bullet for breast cancer, the tims of the addicts. I want to remind immediately know that if we spend world would beat a path to their door everybody that over 60 percent of all more money on research, we will at- to buy it. That is one of the reasons the violent crime committed in Amer- tract more brilliant women and men they don’t want to get into the game, ica is committed by people who are ad- into the field to find the answer be- even though they acknowledge that dicted. At the moment they are com- cause they have funding to do their re- these are promising opportunities. mitting the crime, they are high, they search, and we increase exponentially Second, none of these companies, or are on a drug or a substance. Just the prospects that we will find a cure anyone I named—Lilly, Squibb, any of think what a difference that would or find something to mitigate against them—wants to be known as the com- make. the ravages of the disease. But not all pany that deals with drug addiction. It Now, there are at least eight new people instinctively reach that conclu- is bad public relations. medicines with promising potential, sion. Why don’t we reach that conclu- So for these and many other reasons, beyond the one that I mentioned, to sion about drug addiction when the private industry has not really gotten

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9823 into the fray. We need to create finan- The key reason the Government this legislation as soon as possible. cial incentives to encourage pharma- must not only reward companies with a And, I put my colleagues on notice ceutical companies to develop and mar- bounty for developing medicines, but that I will be back to offer these ket these treatments. And we need to also purchase the patent rights is due amendments on the next appropriate develop a new partnership between pri- to the stigma problem identified by the legislation. vate industry and the public sector in National Academy of Sciences report. In closing, I would observe that order to encourage the active mar- This stigma problem is the legitimate America’s drug epidemic is reduced keting and distribution of new medi- concern of companies that they not be each and every time a drug abuser cines so they are accessible to all ad- identified as the drug addicts company. quits his or her habit. Fewer drug addicts who need treatment. I would also note, that if a company dicts mean fewer crimes, fewer hospital My amendments sought to create does want to market and distribute the admissions, fewer drug-addicted babies these incentives in two ways. medicine, they do not have to sell the and fewer neglected children. The bene- First, I believe we must provide addi- patent to the Government. But if they fits to our country of developing new tional patent protections for compa- don’t want to they can sell the patent treatment options such as pharm- nies that develop drugs to treat sub- to Government, and we market it. acotherapies are manifold. stances abuse. Under my bill, The purchase price for the patent Each dollar we spend on advancing pharmacotherapies could be designated rights is established by law: $100 mil- options in this area can save us 10 or 20 ‘‘Orphan Drugs’’ and qualify for an ex- lion for a drug to treat cocaine addic- times as much in years to come. The clusive 7-year patent. tion and $50 million for a drug to treat question should not be—‘‘can we afford These extraordinary patent rights heroin addiction, figures recommended to pursue a pharmacotherapy strat- would increase the market value or by the Tufts University Center on Drug egy?’’ But rather, ‘‘can we afford not pharmacotherapies—providing a finan- Development. to?’’ cial reward for companies that invest So the way it works. You develop a I urge my colleagues to join me in in the search to cure drug addiction. patent. You don’t want to be distrib- promoting an important, and poten- This provision was contained in a bill uting it because you don’t want to be tially ground breaking, approach to ad- introduced by Senator KENNEDY and known as that company. The Federal dressing one of our Nation’s most seri- me which passed the Senate in 1990, but Government would pay you $100 mil- ous domestic challenges. the provision was dropped in con- lion for the patent after it has dem- A lot of the scientific community ference. It was also contained in the onstrated that it works, and it was ef- says that there are great promising pharmacotherapy bill I introduced last fectively done, and we would be the one medicines out there but which the year and the youth violence bill I in- engaged in the business of doing it. We companies will not move on for the troduced this year. can pay all of this money to buy cops, In addition, I proposed an amend- reasons I have stated. We should be we can pay all of this money for pris- doing all that we can for our own safe- ment which would provide a substan- ons, and pay all of these other moneys tial monetary reward for companies ty’s sake. for other things. It is a reasonable ex- I thank my colleagues. I yield the that develop medicines to treat drug penditure for taxpayer dollars, in my addition and shift responsibility for floor. view, to deal with the problem and Mr. JEFFORDS addressed the Chair. marketing and distributing such drugs scourge of drug addiction. The PRESIDING OFFICER. The Sen- to the Government—a ‘‘Biden Bounty’’ Once the Government has purchased ator from Vermont. as some have called it. the patent rights, then the Govern- Mr. JEFFORDS. Mr. President, I This approach would create a finan- ment would contract out the produc- cial incentive for drug companies to in- yield to the distinguished Senator from tion of the drug and distribute it to the Ohio who has worked tirelessly on this vest in research and development but existing clinics, hospitals, State and enable them to avoid any stigma asso- bill as well as the bill we reported out local governments, and other entities of committee by unanimous agreement ciated with distributing medicine to qualified to operate drug treatment relative to the work force improve- substance abusers. programs. ment. So I yield to him 6 minutes. To qualify for the award, a pharma- This is not a radically different proc- The PRESIDING OFFICER. The Sen- ceutical company would have to dem- ess from how our military procurement ator from Ohio. onstrate that the new medicine meets works: The Pentagon specifies what strict guidelines—developed by the Na- they want a fighter plane to be capable PRIVILEGE OF THE FLOOR tional Academy of Sciences—that the of—how fast, its stealth capabilities, Mr. DEWINE. Mr. President, let me medicine effectively treats cocaine or what kind of weapons, et cetera; then first make a unanimous-consent re- heroin addition. the powers of the private sector are un- quest that my congressional fellow, At a minimum, the guidelines will released because the Government will Jan Burrus, be granted floor privileges quire the producer of the drug to con- buy the best plane which meets the during the duration of this debate. duct a controlled, long-term perform- specifications. The PRESIDING OFFICER. Without ance test which demonstrates that: Pa- If my colleagues doubt that any such objection, it is so ordered. tients—addicts—will actually take the medicine could ever be developed, fine. Mr. DEWINE. Mr. President, I wish to medicine; addicts will continue taking If you are right, the Government will make some comments about one par- the medicine for as long as it takes to never spend the money. ticular element of this year’s FDA re- cure the addition; a significant per- But, if I am right—just imagine the form bill—one that I believe is espe- centage of those who receive treatment promise—in terms of reduced drug cially important and valuable. refrained from using cocaine or heroin abuse; reduced crime; and reduced I want to thank Chairman JEFFORDS for at least 3 years; and the medicine health care costs. and my colleagues for including in this has a reasonable cost. The bottom line is that—this joint bill a revised version of the Better So, it is real simple—if a medicine public/private endeavor I seek will har- Pharmaceutical for Children Act (S. meets the National Academy of ness the most important engine of in- 713). Senator DODD and I introduced Science test and it is approved by the novation the world knows—the private this bill earlier this year because an Food and Drug Administration, then sector. overwhelming majority of pharma- the Government will purchase the pat- The three pharmacotherapy amend- ceuticals currently on the market have ent rights for the drug from the comments I offered were directly related to not been tested for safety or effective- pany that developed it. the purpose of the FDA reform bill and ness in children. So this bounty that would be made I hoped they would be accepted. None- In fact, Mr. President, a shocking 80 available to them is literally a reward. theless, I understand that for proce- percent of the drugs that are on the A reward, not unlike if I were a billion- dural reasons, my amendments were market today have never been tested aire and say, ‘‘I will give any company out of order and could not be offered for children. $100 million if they found the cure for for a vote. We need to provide our young people cancer, or for any cancer.’’ It is the Still, I urge the Labor Committee to with prescription drugs that have been same notion. hold hearings on the topic and consider studied for their effects on children’s

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9824 CONGRESSIONAL RECORD — SENATE September 24, 1997 bodies and appropriately labeled with The reform bill makes commonsense Through the continued use of a spe- doses suitable for young ages. Too changes that will help patients get ac- cific referral statement, persons who many children today are taking adult- cess to new medical technologies. At may find themselves at risk from po- size drugs because we don’t have a the same time, Mr. President, it main- tentially harmful levels of some nutri- comprehensive strategy to test drugs tains assurances that products are safe ents would be reminded where to find to determine appropriate dosages for and that they are effective. detailed nutrition information. My pro- children. Again, I applaud Chairman JEFFORDS posal simply removes the requirement Children deserve better than this. for this bill. I look forward to its for a generic referral statement whose Children deserve he same assurance speedy passage. purpose is now fulfilled by active con- adults have—that the drugs they take Mr. JEFFORDS. Mr. President, I sumer use of the Nutrition Facts panel. thank the Senator for his excellent are safe and effective. My second proposal addresses a keen comments and praise him again for his Section 618 of the FDA reform bill in- concern for American consumers work. cludes a modified version of the bill today—food safety. The much pub- Senator DODD and I have worked so Mr. President, the goal of this legislation is to ensure a strong and effi- licized outbreaks of E. Coli 0157:H7, hard on. It provides an additional 6 cyclospora, and salmonella have cap- months of market exclusivity to drug cient FDA. The modernization and revitalization tured the attention and apprehension manufacturers who complete requested of Americans, particularly parents, or required pediatric studies on drugs provision included in S. 830 makes for a better FDA—not a weaker one, as some who are concerned about the inad- that are useful for children. This exclu- vertent exposure to food pathogens. sivity will act as financial incentive have suggested. Like many of my colleagues, I have for manufacturers to do research on Since the 1960’s, food irradiation has had the opportunity to meet with in- their products for young patients. presented a safe, simple, and inexpen- dustry groups here in Washington, and As our legislation with incentives sive process to kill harmful pathogens with consumers, patients, and physi- came close to final passage, the FDA in many foods. Today, this approved cians—both here and at my home in proposed a rule to mandate pediatric food safety technology promises to re- Vermont. All of these interested par- studies. The rule was proposed last duce the incidence of many food borne ties have made important points about month and would require pediatric illnesses which threaten the health of how to modernize the agency while en- studies for most new drugs and for millions of Americans, especially the suring that its stellar standards for many drugs that are already on the very young and the very old. public safety remain as strong as ever. market. The food irradiation process is quite Though the large industries regulated When the administration released its straightforward. Food is exposed to a by FDA are by and large not present in new regulation, I applauded their deci- carefully measured amount of intense Vermont, all of us use their products. sion to join Senator DODD and myself radiant energy which kills parasites The people and the patient advocates in trying to fix this problem. I offered and micro-organisms. Food irradiation in Vermont have told me that more to work with them in a bipartisan way is not a cure-all, but it can be an im- needs to be done to ensure their timely portant food safety tool. Broader use of to combine the proposals for the ben- access to the best therapies available. FDA-approved irradiation promises a efit of the Nation’s children. The legis- I believe we have accomplished that lation before us today does just that, with this bill. significant step forward in improving and in essence combines our bill along Mr. President, I yield the floor. our Nation’s food safety. Dr. Michael T. Osterholm of the Minnesota Depart- with the administration’s proposal. FOOD LABELING REFORMS ment of Health eloquently sets forth We have adapted the legislation that Mr. MCCONNELL. Mr. President, I the argument in favor of food irradia- Senator DODD and I originally intro- want to thank Senator JEFFORDS and tion’s use in his May 1997 editorial in duced so that it will work with the Senator KENNEDY for the inclusion of FDA’s regulation. To ensure that we do my two amendments in S. 830. My the New England Journal of Medicine. the best that we can for children, we amendments address specific food la- I ask that the text of his editorial be have combined the two approaches to beling reforms that benefit both con- printed in the RECORD after my state- this problem: the financial incentives sumers and the food and agriculture in- ment from the better pharmaceuticals for dustry. The PRESIDING OFFICER. Without children bill and the mandates from First, the Nutrition Labeling and objection, it is so ordered. the proposed FDA rule. Education Act of 1990 [NLEA] requires (See exhibit 1.) We’re now moving in the right direc- that any nutrient content claim on a Mr. MCCONNELL. In addition to the tion. This combined approach may not food label be accompanied by a referral FDA, the World Health Organization, yet be perfect, but we can still work on statement—‘‘See Back Panel for Nutri- the American Medical Association, and it. I have extended an invitation to all tion Information.’’ The original intent the U.S. Department of Agriculture interested parties to continue to work of this provision was to help educate agree that food irradiation presents no toward a better compromise between consumers about the presence and loca- health risk, and have endorsed irradia- now and conference. The most impor- tion of nutrition information on food tion as a method to prevent food borne tant thing is to get it right. I think products. Based on the NLEA’s success, diseases. Today, more than 35 countries this compromise between a market- today few consumers even notice this based approach and mandates goes a generic referral statement because have approved irradiation as a safe long way toward that. most individuals immediately look to food treatment technology. Time is of the essence in ensuring the mandatory Nutrition Facts panel Despite their well-documented food that children and their doctors have to obtain nutrition information. safety benefits, few irradiated foods are the information they need to safely My proposal seeks to improve the ef- marketed in the United States. Why? and effectively use pharmaceuticals. fectiveness of this consumer notice by Because the current labeling require- Providing market incentives to manu- requiring a referral statement only in ments render the foods virtually un- facturers will help speed this process those instances where the FDA identi- marketable. FDA regulations require along. fies that a food contains a nutrient at that irradiated foods prominently and In closing, Mr. President, I would a level that could increase the risk of a conspicuously bear the international like to again congratulate Chairman health condition for vulnerable per- radura symbol and the phrase ‘‘treated JEFFORDS for the tremendous job that sons. with irradiation’’ or ‘‘treated by irra- he has done over a long period of time For example, if a food label states diation.’’ Clearly, public notice of irra- in bringing this bill to the floor. This is that the product is low in fat, but the diation is necessary for informed con- a good FDA reform bill. The ‘‘Better FDA finds that the sodium content sumer choice. However, the degree of Pharmaceuticals for Children’’ section could prove harmful to persons with prominence for the current irradiation is only one of many creative, practical high blood pressure, the referral state- labeling creates a false impression steps this bill makes and takes in the ment would state—‘‘See Nutrition In- among many consumers that the irra- right direction. formation Panel for Sodium Content.’’ diation statement is a warning. This

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9825 unintended labeling result must be cor- EXHIBIT 1 portant cause of diarrheal disease in birds. rected. Targeted improvements in the [From the New England Journal of Medicine, Consumption of berries by birds is a major labeling will provide consumers with May 29, 1997] cause of crop loss and results in frequent contamination of the berries. The use of clearer information on irradiation’s ap- CYCLOSPORIASIS AND RASPBERRIES—LESSONS high-quality water for irrigation and pes- proved use and provide a simple means FOR THE FUTURE ticide spraying and other good management to further food safety in our Nation. (By Michael T. Osterholm) practices will not solve the problem of C. My amendment simply requires irra- One hundred years ago, Osler observed that cayetanensis contamination if birds play a major part in that contamination. A similar diated foods to bear an appropriate dis- to know syphilis was to know clinical medicine. Today, to know and appreciate the outbreak of cyclosporiasis in Florida during closure requirement and specifies that many clinical, microbiologic, and public the spring of 1995 was only later recognized the FDA-approved disclosure need not health aspects of the outbreak of as likely to be associated with Guatemalan be more prominent than the ingredient cyclosporiasis associated with raspberries raspberries. Yet no outbreaks were docu- statement. The intent of my amend- that Herwaldt and colleagues describe in this mented in association with the fall harvest issue of the Journal 1 is to know foodborne and shipment of Guatemalan raspberries in ment is for the FDA to revise its irra- 1995 or 1996. The season migration of wild diation disclosure requirement to as- disease in the modern world. The investigation conducted by Herwaldt et al. illustrates birds in Guatemala needs to be evaluated as sure that consumers do not misinter- the changing epidemiologic characteristics a possible explanation for the patterns seen with berry shipments and outbreaks of dis- pret this disclosure as a warning. of foodborne disease in this country. ease in the United States. One test of this Two of the key factors that have contrib- Clearly, the FDA should have the au- hypothesis will be whether there is another uted to these changes are the substantial al- thority to require appropriate disclo- outbreak of cyclosporiasis associated with terations in the American diet over the past sure of food irradiation. However, the this year’s spring shipment of raspberries two decades and the globalization of the food from Guatemala. use of a disclosure design that discour- 2 supply. Although the promotion of a ‘‘heart- I believe that one of the unfortunate les- ages the utilization of this govern- healthy’’ diet (high consumption of fruits sons of the outbreak in the spring of 1996 ment-approved technology com- and vegetables and low consumption of fat) came from public announcement of the ap- promises efforts by the FDA and food may be improving cardiovascular health, it parent association between a product and an processors to improve food safety in has led to a new range of problems for the illness without sufficient epidemiologic evi- gastrointestinal tract. Infectious-disease our Nation. dence. The implications of this lesson reach specialists frequently remind persons trav- far into the future. When an outbreak oc- Mr. President, two dozen well-known eling to developing countries to reduce the curs, public health agencies are often under and well-respected food and agriculture risk of traveler’s diarrhea by eating only pressure to act quickly. The public has come groups—such as the American Farm foods that can be boiled or peeled. Yet sea- not only to expect a quick response but also sonally, up to 70 percent of selected fruits to demand it. The Texas Department of Bureau Federation, the National and vegetables consumed in this country Health and the Houston Department of Cattlemen’s Beef Association, and the come from developing countries. One does Health and Human Services investigated a Institute of Food Technologists—have not need to leave home to contract traveler’s cluster of cases of cyclosporiasis among 20 endorsed this targeted change as a diarrhea caused by an exotic agent. Al- participants at a May 9, 1996, conference in means of promoting greater use of irra- though produce from U.S. growers is also a Houston. On June 8, these agencies issued a diation as a food safety tool. I ask that source of pathogens, fruits and vegetables press release summarizing the results of from developing countries are cause for addi- their epidemiologic investigation. In that the text of their letter of support be tional concern. Many developing countries announcement, they concluded that the con- printed in the RECORD at the conclu- are just entering the global produce market. sumption of fresh California strawberries sion of my remarks. The first raspberry vine was planted in Gua- was associated with the illness. The need to warn the public is legitimate, but it must be The PRESIDING OFFICER. Without temala in 1987, yet approximately 20 percent of all fresh raspberries sold in May 1996 in weighted carefully against the possibility of objection, it is so ordered. the United States came from Guatemala. being wrong, which will result in economic (See exhibit 2.) Emerging or reemerging infectious agents loss for the falsely accused industry, as well are another factor associated with the as weaken the confidence of both industry Mr. MCCONNELL. I want to empha- changing epidemiologic characteristics of and the public in future public health warn- size that even with this amendment foodborne disease. Cyclospora cavetanensis is ings. Confusion about the actual cause of FDA would retain full authority to reg- such an agent. When an emerging foodborne this outbreak persisted for more than six ulate all aspects of irradiation on food, agent is first recognized, there are typically weeks, until additional epidemilogic studies including products on which it can be many unanswered questions about the epi- conducted by state and local public health agencies, the Centers for Disease Control and used, what dose can be used, and the demiologic characteristics of the infection and its prevention. Furthermore, clinicians Prevention, and health officials in Canada content and placement of irradiation need to be aware of the clinical presen- concluded that raspberries from Guatemala labeling. Under my amendment, the tations associated with new agents. For ex- were the source of the outbreak.5 FDA can still use the current radura ample, a patient presenting with a diarrheal We need to establish well-defined criteria symbol and the disclosure statement. illness of five or more days’ duration, severe for evaluating the quality of epidemiologic fatigue, and loss of appetite should be evalu- data from investigations of outbreaks, par- No information would be hidden from ticularly when the etiologic agent is not consumers. In the same manner that ated for cyclosporiasis regardless of whether the patient has traveled to a foreign country readily isolated from the implicated food the FDA alerts purchasers to the pres- or consumed contaminated water. Clinical product. Furthermore, when a widely distrib- ence of allergens, the FDA has the abil- laboratories now need to be proficient at per- uted product is implicated in an outbreak, ity to inform consumers of the use of forming routine examinations for a wide va- we must ensure that before public announce- food irradiation. I also want to empha- riety of emerging agents. Moreover, public ments are made, all available epidemiologic and microbiologic evidence and information size that this modest labeling improve- health officials need to be aware of the importance of initiating and maintaining popu- on product distribution are reviewed quickly ment does not diminish the need for and that the conclusion is supported by fed- lation-based surveillance for these types of eral, state, and local experts in foodborne the FDA, USDA, the food industry, and agents. Today, the resources for conducting disease. consumer groups to work together to surveillance are severely limited at the state improve the public’s understanding of On January 25, 1997, President Bill Clinton and local levels. announced an important new initiative to how food irradiation works and its po- A serious problem posed by new agents improve the safety of the nation’s food sup- tential benefits to public health. such as C. cayetanensis is our lack of under- ply, including improvements in our ability standing of their biology. Herwaldt et al. em- Mr. President, I believe that the in- to detect foodborne outbreaks and coordina- phasize the potential role of contaminated tion of the local, state, and federal re- clusion of these amendments in S. 830 water. However, there appears to have been sponses. However, we already have the demonstrates the U.S. Senate’s inter- only limited consideration of the role that means of virtually eliminating the problem est in food safety and effective label- birds or other animals may have had in con- of cyclosporiasis associated with fruit and ing. Again, I greatly appreciate the taminating the berries. Recent evidence sug- vegetable consumption—namely, irradiation. gests that eimeria, a recognized coccidial consideration that the chairman and The use of ionizing radiation for food pas- parasite in birds, may be very similar to C. teurization has been extensively evaluated ranking member of the Senate Com- 3, 4 cayetanensis, if not the same agent. and is supported by the World Health Organi- mittee on Labor and Human Resources Eimeria has long been recognized as an im- zation, the Food and Agriculture Organiza- have given to these targeted food label- tion, the International Atomic Energy Agen- ing reforms. Footnotes at end of article. cy, and various other international agencies,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9826 CONGRESSIONAL RECORD — SENATE September 24, 1997 scientists, and government officials.6 Irra- would provide for labeling policies that en- The environmental issues. The origi- diation provides the greatest likelihood of courage the use of FDA-approved food safety nal bill would have eliminated all the substantially reducing bacterial and para- and agricultural production technologies. environmental impact statements from Sincerely, sitic causes of foodborne disease associated FDA applications. I didn’t think that with numerous foods, including fresh fruits American Farm Bureau Federation, and vegetables. However, the food industry American Feed Industry Association, was what we were doing when we were remains reluctant to use this technique out American Meat Institute, Animal extending PDUFA. We made adjust- of fear of incurring the wrath of activist Health Institute, Apple Processors As- ments and changes on that to ensure groups that wrongly proclaim that irradia- sociation, Chocolate Manufacturers As- that those environmental impact state- tion is unsafe or seriously compromises the sociation, Florida Fruit And Vegetable ments will be preserved. quality of the food product. The time has Association, Food Distributors Inter- The strengthening of the safety pro- come to use irradiation; we must not let any national, Institute of Food Tech- tections of the various medical devices. group use arguments without a scientific nologists, Millers’ National Federation, FDA will still require device manufac- National Cattlemen’s Beef Association, basis to keep such an important technique turers to file supplemental applica- from the marketplace. This may be the most National Confectioners’ Association, crucial lesson to be learned from the story of National Fisheries Institute, National tions when they are making changes cyclosporiasis and imported raspberries. Food Processors Association, National that affect safety and effectiveness of FOOTNOTE REFERENCES Meat Association, National Pork Pro- the devices, but we have made efforts ducers Council, National Turkey Fed- 1 Herwaldt BL, Ackers M–L, Cyclospora to streamline that provision. eration, Northwest Horticulture Asso- Working Group. An outbreak in 1996 of The tracking of various devices after ciation, Produce Marketing Associa- cyclosporiasis associated with imported approval. Under the initial bill, there tion, U.S. Chamber of Commerce, raspberries. N Engl J Med 1997; 336:1548–56. was a termination of tracking of med- United Egg Producers, United Egg As- 2 Hedberg CW, MacDonald KL, Osterholm ical devices. We had a good debate on sociation, United Fresh Fruit & Vege- MT. Changing epidemiology of food-borne table Association, and Western Grow- this. I thought the Senator from Illi- disease: a Minnesota perspective. Clin Intect ers Association. nois [Mr. DURBIN] made a strong case Dis 1994;13: 671–82. for continuing postmarketing surveil- 3 Relman DA, Schmidt TM, Gajadhar A, et Mr. KENNEDY addressed the Chair. al. Molecular phviogenetic analysis of The PRESIDING OFFICER. The Sen- lance of medical devices. We have now Cylospora, the human intestinal pathogen, ator from Massachusetts. compromised and said that we permit suggests that it is closely related to Eimeria Mr. KENNEDY. Mr. President, how the FDA to make the judgment. We species. J Infect Dis 1996;173:440–5. much time remains? have found that a principal reason for 4 Garcia-Lopez HL, Rodriguez-Tovar LE, The PRESIDING OFFICER. The Sen- postmarketing surveillance was a safe- Medina-De la Garza CE, Identification of ator from Massachusetts has 30 min- ty factor, a belief that if you track the Cyclospora in poultry. Emerg Intect Dis utes. various medical devices and are able to 1996;2:356–7. Mr. KENNEDY. Mr. President, I yield get information that shows that those 5 Update: outbreaks of Cyclospora myself 20 minutes. medical devices may pose a danger to cayetanensis infection—United States and Mr. President, I will just review Canada, 1996. MMWR Morb Mortal Wkly Rep the people, you should be able to notify 1996;45:611–2. quickly the work that was done by the others who might have used a similar 6 Monk JD, Beuchat LR, Doyle MP. Irradia- committee. kind of device to give those individuals tion inactivation of foodborne microorga- As I outlined earlier, there were 20 protections as well. nisms. J Food Prot 1995;58:197–208. major proposals that were made by the Initially it was thought that by hav- Secretary in June. We have addressed ing that kind of review, you could ad- EXHIBIT 2 19 of those. The one remaining proposal vance these medical devices because JUNE 10, 1997. we have not addressed is the one that you are going to have a pretty good Hon. MITCH MCCONNELL, brought about the Reed-Kennedy evaluation of those medical devices as Committee on Labor and Human Resources, amendment which was defeated yester- U.S. Senate, Russell Senate Office Building, they affect people by having tracking day, and the one which virtually all of mechanisms rather than just attempt- Washington, DC. the consumer groups feel ought to be DEAR SENATOR MCCONNELL: We are writing ing to evaluate safety and effectiveness altered and changed before we get to to advise you of our enthusiastic support for prior to the time that the medical de- final resolution and passage of this leg- an amendment you may offer to FDA Reform vices are actually utilized. So it was an legislation regarding labeling of food prod- islation. I reviewed some of the other provi- attempt to speed up the process that ucts under the Federal Food, Drug, and Cos- the tracking provisions were put into metic Act. We understand that your amend- sions and the changes that were made effect initially. Now they are enor- ment is intended to remove labeling impedi- as a result of bipartisan efforts, which ments that discourage consumer acceptance I think are important and significant mously important because if we find of irradiation as a technology designed to improvements, and also provide addi- out that people do have adverse im- strengthen food safety and expand the avail- tional kinds of protection. pacts from these medical devices—and ability of safe and affordable food products. I mentioned the fast tracking of the we have tracking mechanisms—we can Irradiation is a simple and inexpensive protect not only those individuals but process used since the 1950s to kill harmful various products, and the ability of individuals who do not have expanded ac- also others who might have the same pathogens in many foods, but is rarely used kind of device implanted in them. today because of FDA’s label disclosure re- cess to drugs still under investigation quirements. Irradiated food products must for patients who have no alternatives, We worked out a compromise, and I prominently bear the international ‘‘radura’’ the inclusions of the Snowe-Feinstein think the public interest is protected. symbol and the phrase ‘‘treated with radi- bill that will help to expand opportuni- It would not have been if we had not ation’’ or ‘‘treated by irradiation.’’ These ties by using the NIH database, and worked it out. bold labeling requirements more prominent some of the streamlining of the FDA The tightening of the process for than required warning statements, render procedures. FDA approval of medical devices. We the foods virtually unmarketable. Again, we I will mention just a final few. have 180 days for these devices. What understand that your amendment would re- One concerned the improved con- we are saying is at the end of 100 days quire irradiated foods to bear an appropriate the FDA indicates the deficiencies in disclosure requirement, but specifies that sultation between manufacturers and the disclosure need not be more prominent the FDA. Prior to this provision, if those devices but still has 180 days to than the ingredient statement. In this way, there were any changes being imple- be able to make a final judgment. But concerned Americans may be assured that mented by manufacturers with these it does give an earlier indication to the food that has been irradiated will be marked medical devices, they had to be medical device manufacturer about the as such but the prominence of disclosure will cleared. potential problems that they are going not be so bold as to create the false impres- We have changed that so that manu- to face. sion that the irradiation statement is a facturers can make adjustments and Recordkeeping by distributors of de- warning. Broader use of irradiation and changes that are not going to affect vices. In the initial bill, they wiped out other pathogen-reducing technologies prom- all of that information. So if there was ises a significant step forward in further im- issues of safety in order to make their proving food safety. production more efficient. But we also an adverse impact from the medical de- We enthusiastically support your irradia- have some protections for safety in- vice, the distributors would not have tion prominence-of-disclosure amendment. It cluded in there. collected the information and the FDA

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9827 would not know about it. What we have country. How in so many different was designed to excise a piece of tissue done is maintained that the distribu- ways it impacts and affects our lives 50 times as large as previous biopsy in- tors have to keep the information and how they have taken action in struments—the size of a piece of hot which they have with regard to adverse each and every one of those cir- dog as compared to the size of the tip impacts from devices. They do not have cumstances to protect the public of a lead pencil. It was clearly designed to report it to the FDA, but they have health. I have gone through in detail to be used to excise small tumors, not to keep it. And then if there is some about how the medical device industry just to perform a biopsy. But the ma- kind of indication about adverse im- is prospering. They have a more posi- chine was not tested to see whether it pact, the FDA will be able to pursue it. tive attitude than they have ever had. was safe and effective for this purpose. It saves a good deal of paperwork. And, Now what they are going to do is re- The company was, in effect, proposing it still adequately protects the public. strict the protection of the public to subject women with breast cancer to We have made many changes in a bi- health with this particular provision, surgery with a machine that might partisan effort to improve and and it is wrong. The issue is clear. Will have been less effective in treating strengthen the bill. We have safety medical devices be approved on the their illness than existing therapies. It standards for drugs to ensure that the basis of false and misleading labels? All placed the company’s profits first and alternative use of a drug is going to we needed was to add the words ‘‘false the patient’s needs last. meet high safety standards. That is an and misleading‘’ to the bill. This bill Because FDA initially relied on U.S. improvement. would have gone through unanimously. Surgical’s false and misleading label, Health care economic information. But we were defeated on the amend- the device was subjected only to an en- When pharmaceuticals are given or ment that would have prohibited false gineering review and was cleared for sold to health care organizations, there or misleading labels. When our col- use on February 1, 1996. Had the prod- is going to be complete information leagues go back home and they are uct been honestly labeled, FDA would given in terms of alternative treat- asked in their town halls, why were have reviewed it using a multidisci- ments for individuals, and this is a you for permitting medical device com- plinary team and required the company very important element. panies to submit false information? I to present genuine clinical data in sup- Health claims for food products. In hope they have a good answer, because port of the application. the initial proposal, this legislation I cannot think of one, not when the in- On March 29, 1996, the FDA obtained which was to extend the PDUFA to en- dustry is making the progress it is a copy of a promotional videotape that sure faster consideration of pharma- making and is having record sales, and U.S. Surgical was distributing to phy- ceutical drugs, was effectively going to safety is still being protected. sicians to try to sell their product. eliminate any FDA rule on health Will dangerous medical devices that We have a copy of it right here, Mr. claims for food products. There was an have not been tested for safety and ef- President, and the videotape clearly example where the industry was lean- fectiveness be foisted on the American describes the device as appropriate for ing on us again in order to undermine people? surgically removing small lumps of the kind of information that would be Will unscrupulous companies like cancerous tissues. Let me quote some given to consumers on these various U.S. Surgical Corp. be rewarded for de- extracts from this slick production. food products, the health claims. ceiving the FDA? U.S. Surgical is entering a new millennium I was around here in the late 1980’s Will there be a higher value placed on in breast surgery by combining advanced when we passed the legislation with re- the profits of the powerful than the stereotactic technology with minimally gard to food labeling to make sure that health of the American people? invasive surgery. the consumer was going to have the Section 404 of the FDA bill requires Unlike needle biopsies where small sam- the FDA to approve a medical device ples of the lesion are removed for patholog- right information as to the health as- ical analysis, the ABBI system removes the sets a particular food might provide, based on the use identified on the label entire specimen. and our committee wanted to effec- submitted by the manufacturer, even if If the specimen proves to be cancerous but tively eliminate those advances. We that label is false or misleading. It pre- pathology reports the entire margin is clear, were able to maintain them. I think vents the FDA from requiring the man- it is up to the clinical judgment of the sur- that was important. Those are some of ufacturers show that their product is geon to decide to remove additional tissue or the items. And in each and every in- safe and effective for the purpose for if the procedure can be considered complete. The ABBI system— stance, the public health was enhanced, which it will be really used as opposed with the exception of one—404. There is to the purpose falsely claimed on the Which is the needle I referred to— the record. I could have taken more label. It stands 20 years of progress to- allows surgeons to provide the benefits of a ward safer and more effective medical minimally invasive technique to breast sur- time and gone into greater detail. And gery. . .. Benefits to the patient include: Re- there can be no review of any of those devices on its head. duced physical and emotional trauma as a 19 that would bring one to a different Nothing better shows the need for woman undergoes only one versus two proce- conclusion except for the one that we the Reed-Kennedy amendment than the dures. are talking about here. That is the recent history on the Advanced Breast Minimally invasive breast surgery. A new only one that was brought out in the Biopsy Instrumentation system device standard of patient care offered only by June 11 letter by the Secretary of HHS developed and marketed by the U.S. United States Surgical Corp. that said you have to address it be- Surgical Corp. This attempt to mislead Here is their advertisement: ‘‘The cause of the compelling need to protect the FDA and foist an untested machine latest technique is minimally invasive the public. on women with breast cancer shows breast biopsy.’’ That is the one that every consumer why it is critical that section 404 not And here is the language included in group has said, why don’t you address be passed in its current form. the videotape that says minimal that the way you did the other 19? You The U.S. Surgical Corp. submitted invasive breast surgery. And we heard worked out bipartisan agreements on their new machine to FDA for approval out on the floor, well, U.S. Surgical all of the other 19 proposals and en- based on a label claim that it was to be Corp. did not have anything to do with hanced the public protection. Why used for biopsy of breast tissue sus- promoting this. ‘‘A new standard of pa- can’t you do it on this one? pected of being malignant. This is a tient care offered by the United States Well, we have been unable to. But we common procedure used in mammo- Surgical Corp.’’ still hear from some of our colleagues grams or other diagnostic techniques It is clear that this company has de- about what a long process this has to identify suspicious looking areas of signed this machine for breast surgery, been, that we could have passed this in the breast that may indicate malig- not just biopsy, and is promoting it for June, you would not have passed it nant tumors. If the biopsy of a small this use despite the false and mis- without those health protections. I piece of the suspicious material indi- leading label submitted to the FDA. think that we protected the public cates a malignancy, surgery would nor- Here is what a distinguished physi- with the one exception—and that mally follow to remove the cancerous cian, Dr. Monica Morrow, professor of stands out. tissue. surgery at Northwestern University, We have gone over the FDA’s impact But U.S. Surgical’s label claim was had to say about the company’s ma- on the lives of the consumers of this false. One of the models of the machine chine:

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9828 CONGRESSIONAL RECORD — SENATE September 24, 1997 I am writing to express my feelings regard- record of profiteering at public expense onstrates that the device is safe and ef- ing the importance of the FDA’s mandate to is a disgraceful attempt to avoid re- fective as a legally marketed device, evaluate ‘‘behind the label’’ uses of devices sponsibility for its unacceptable behav- and does not raise different questions and drugs. The need for such evaluation is clearly ex- ior. It claimed it had not produced the of safety and efficacy that the predi- emplified by the marketing strategy for the video—even though the video carries cate product.’’ U.S. Surgical breast biopsy device (ABBI). the company log and it is impossible to What their argument ignores is the This device was approved for use as a diag- watch it without it being clear that the first part of the test—the intended use nostic instrument. However, the company company paid for it, produced it, and test. Today, the FDA can look at the video clearly depicts the use of the device for wrote the script. device and say, from the technical definitive breast cancer therapy. It claimed that it had not distributed characteristics of the product, that it No clinical trials using the accepted tech- the video, even though there is no rea- is obvious that it has been redesigned niques for comparing cancer treatments have been conducted to validate this claim, and son to produce a promotional video ex- so that it is primarily for a different without such trials, the device could poten- cept to distribute it, and even though use than the older device. But under tially pose a significant risk to patients. In Dr. Morrow has written that the video the amendment, they would be barred addition, other claims regarding improved was delivered to her office by a com- from doing this. They would be forced cosmetic outcome and patient acceptance pany representative trying to convince to accept the manufacturer’s word as are similarly unsubstantiated. The indica- her to buy the U.S. Surgical machine. to the intended use of the device—even tions for the uses of devices and drugs should And, according to the Associated press, if that label were false and misleading, be determined by appropriate clinical and a company spokesman said that ‘‘the even if the manufacturer was lying. scientific data, and not by their appeal as marketing gimmicks. label * * * makes clear that the biopsy That is what happened with U.S. Sur- This video was dropped off in my office by divice is ‘to be used only for diagnostic gical and the biopsy machine that was a company representative as part of an effort breast biopsy and is not a therapeutic really designed to treat breast cancer. to interest me in purchasing this equipment. device.’ ’’ But as the history of this ma- Under the current law, FDA could re- When the FDA became aware that chine makes clear, that clear dis- quire that U.S. Surgical show their de- the company was promoting the device claimer is only on the label because vice was safe and effective for treating for this unauthorized purpose, it also the FDA stepped in and stopped the breast cancer. Under the amendment, became aware that it had made a mis- company from its illegal promotional they could not. take in clearing a device that was efforts. This is not just my opinion. It is the clearly designed for a purpose not stat- If section 404 is passed in its current reason that the administration has sin- ed on the label—tumor removal—with- form, the FDA will be handcuffed in its gled out this provision as possible out adequate clinical testing. The FDA efforts to protect the public against grounds for a veto. It is the reason it is then acted to require the company to untested and potentially harmful— opposed by a broad coalition of con- include a strong cautionary label that even fatal—devices. Under current law, sumer and public health groups. It is the device was only to be used for tis- the FDA is able to require that the obvious that the only reason that the sue sampling, not tumor excision. And company develop data to show that the proponents of this provision are not it required it to submit clinical data on new device was safe and effective for willing to compromise is that they its use for the original claimed purpose removing tumors—the real use in- want to hamstring the FDA for the of biopsy. Based on this revised label tended by the company, not the false benefit of the industry. How else can and the new clinical data, the FDA re- and misleading use submitted on their they possible justify requiring FDA to cleared the machine for breast biopsy proposed label. When the FDA made a evaluate a device based on a false and on September 24, 1996. mistake and inappropriately cleared misleading label. And it further required the company the device, it had the authority to go If allowed to stand, this provision to conduct studies on the safety and ef- back to the company and warn that it will give unscrupulous companies a li- fectiveness of the machine for tumor would revoke their approval unless cense to lie to the FDA. It will penalize removal, studies which are ongoing. adequate warnings were placed on the ethical companies who are truthful and Evidently the company sees its po- label and necessary clinical testing was do the necessary testing to prove that tential now, and now is doing the stud- performed. their products are safe and effective. ies which it didn’t do before on the re- But under section 404 of the FDA re- Most of all, it will put the health of moval of the breast. Now they are form bill, the FDA would be forced to America people at risk so that a greedy doing it, after the FDA caught them approve the new device without such few may profit. promoting this device for that purpose. evidence. Unscrupulous companies will The issue goes far beyond products to We have listened out here, ‘‘This is not only be allowed but encouraged to excise breast cancer. If applies to la- just another machine. This is just an- submit misleading labels, because they sers to treat prostate disease, stents to other biopsy machine.’’ And we find will gain a competitive advantage over place in carotid arteries, imaging sys- the clearest example of a case where it companies that play by the rules. tems to detect breast cancer, and a gets approved for one purpose, it is pro- American women do not want to die host of other treatment for dread dis- moted and used for another purpose. from breast cancer because companies eases. When it is caught by the FDA, they did are allowed to sell devices that may be A few days ago, the public was made submit additional clinical information unsafe and ineffective. No Senator aware of the tragedy that resulted for the removal of breast—and they are would want their own wife or mother from the use of diet drugs in ways that doing it now. They didn’t say, Tumor or daughter to be subjected to such an had not been approved by the FDA as removal? We never thought we were untested device, solely because a safe and effective. This so-called off- going to use it for tumor removal. Why greedy company wanted higher profits. label use of fenphen may well have is the FDA suggesting that we had ever Supporters of this measure claim caused serious and irreversible heart intended to use it for that, but, OK, that FDA will still have the power to damage in tens of thousands of women there is an idea, we will go out and require that dangerous devices be who thought the drugs were safe. conduct the clinical studies. shown to be safe and effective before The legislation before us would actu- Let’s be realistic here, they had in- they are sold. They point to the lan- ally encourage the use of off-label, un- tended to use it for an alternative use. guage of the statute that says a device approved uses of medical devices. It They promoted it for an alternative approved as substantially equivalent can fairly be called the fen-phen device use. And they never supplied the FDA must meet two tests. First, it must provision. with the safety information on that al- have the same intended use as the It is shocking that this shameful pro- ternative use. predecessor device. Second, ‘‘the infor- vision has been so cavalierly included How much time do I have remaining? mation submitted that the device is in this bill. It is incomprehensible that The PRESIDING OFFICER. The Sen- substantially equivalent to the predi- reputable device manufactures are not ator has 10 minutes. cate device contains information, in- prepared to support a compromise that Mr. KENNEDY. Mr. President, U.S. cluding clinical information if deemed allows the FDA to look behind labels Surgical’s public response to this sorry necessary by the Secretary, that dem- that are false or misleading.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9829 Medical devices can heal, but they In another example of a human and lic against dangerous devices and can also main and kill. The history of public health tragedy involving a med- greater vigilance on the part of the medical devices is full of stories of un- ical device, the firm Telectronics mar- agency. But this bill steps backward by necessary death and suffering. keted a pacemaker wire for use in the forcing the FDA to try to protect the But thanks to the authority the FDA heart. public with one hand tied behind its now has, there are also many stories of Twenty-five thousand of these pace- back. lives saved by the vigilance of the makers were marketed, beginning in This bill actually forces the FDA to FDA. What is incomprehensive about 1994, before it was discovered that the approve devices based on false and mis- the bill before us is that it would take wire could break, cause damage to the leading labels. backward—in the direction of less pro- wall of the heart, or even destroy the Under the provision, the FDA cannot tection of public health rather than aorta. look behind the manufacturer’s pro- more. The whole history of device regu- Another device disaster is toxic posed use to demand appropriate safety lation has been to provide the public shock syndrome from superabsorbent and effectiveness data, even if it is ob- greater protections. tampons. Most women would not think vious that the device has been designed Two decades ago, the Dalkon shield that a tampon could kill them or a for an altogether different use than the disaster led to the passage of a law giv- change as minor as increasing the ab- manufacturer claims. I have already ing the FDA greater authority over sorbency of the material used could discussed the dangers of a breast can- medical devices. At the time, this birth have life-threatening consequences. cer biopsy needle that would have been control device went on the market, the About 5 percent of toxic shock syn- used to treat breast cancer without FDA has no authority to require manu- drome cases are fatal. As a result of adequate evidence that it was effective. facturers to show that devices are safe this problem FDA began requiring test- There are many other examples of the and effective before they are sold. In ing of the absorbency of all types of kind of dangerous devices that could be 1974, an FDA advisory committee rec- tampons. Women deserve protection. foisted on the American public, if the ommended that the Dalkon shield be FDA should be strengthened, not crip- provision of the bill allowing false and taken off the market—after almost 3 pled. misleading labels is allowed to stand. million women had used it. The case of artificial jaw joints—re- Surgical lasers are increasingly used The device was found to cause septic ferred to as TMJ devices—are another for general cutting, in place of tradi- abortions and pelvic inflammatory dis- tragedy that devastated tens of thou- tional instruments such as scalpels. In ease. Hundreds of women had become sands of patients, mostly women. a recent case, a manufacturer called sterile, and many required These devices were implanted to assist Trimedyne adapted the laser in a way hysterectomies. According to the man- patients with arthritic degeneration of that indicated it was clearly intended ufacturer’s own estimates, 90,000 the jaw joint, most with relatively for prostate surgery. But it submitted women in the United States alone were mild discomfort. But the impact of the an application to the FDA saying that injured. The manufacturer, A.H. Rob- new joints, sold by a company called the laser was only intended for general bins, refused to halt distribution of the Vitek, was catastrophic. The new cutting. The label was clearly false, device, even though the FDA requested joints often disintegrated, leaving the and the FDA was able to require ade- it, while the issue was reviewed by the victims disfigured and in constant, se- quate safety data before the product advisory committee. The Shiley heart valve disaster was vere pain. To make matters worse, was allowed on the market. But under so serious that it led to the enactment Vitek refused to notify surgeons of the this bill, the FDA would be forced to of further legislation. This mechanical problems with the joints, and FDA had approve the product, without requiring heart valve was approved in 1979. It was to get a court order to stop distribu- evidence that the device is safe and ef- developed by the Shiley Co. the Shiley tion of the product. Similar problems fective for prostate surgery. Co. was subsequently sold to Pfizer, were experienced with Dow Corning sil- Prostate surgery is a very common which continued marketing the value. icone jaw implants. procedure affecting tens of thousands, It was taken off the market in 1986 be- In yet another example, the FDA was if not hundreds of thousands of older cause of its high-breakage rate. able to block a device that involved a men. By that time, as many as 30,000 of plastic lens implanted in the eye to Failed surgery can result in perma- these devices had been implanted in treat nearsightedness. The device was nent incontinence and other dev- heart patients in the United States. widely marketed in France, but the astating side effects. Do we really want One hundred and ninety-five valves FDA refused to approve it for use in surgical tools to be used to treat this broke and 130 patients died. Thousands the United States. Long-term use of common illness that may not be safe of other patients who had the defective the device was later shown to cause and effective? If this legislation passes valves in their hearts had to make an damage to the cornea, with possible unchanged, that is exactly the risk impossible choice—between undergoing blindness. that large numbers of patients needing a new operation to remove the device, The angioplasty catheter marketed prostate surgery could face. or living with the knowledge that they by the Bard Corp. turned out to be a A further example involves digital had a dangerous device in their heart dangerous device that the company mammography, an imaging technology that could rupture and kill them at sold with a reckless disregard for both that is becoming an alternative to con- any moment. Depositions taken from the law and public health. The device ventional film mammography. The new company employees indicated that was modified several times by the cor- device is approved for better diagnostic cracks in defective valves may have poration without telling the FDA in imaging of a potentially cancerous been concealed from customers. advance, as required by the law. The lump in the breast that has already Before the defective valve was with- company was prosecuted and pleaded been detected. But it is not known drawn, the manufacturer had tried to guilty to 391 counts in the indictment, whether the new machine can be used introduce a new version with a 70 de- including mail fraud and lying to the effectively in screening for breast can- gree tilt instead of the 60 degree tilt Government. cer when there are no symptoms. approved by the FDA. Thirty-three cases of breakage oc- Under this bill, if a manufacturer The increased tilt was intended to curred in a 2-month period, leading to seeks approval for a digital mammog- improve blood flow and reduce the risk serious cardiac damage, emergency raphy machine that is clearly designed of clotting. The FDA’s review found coronary bypass surgery, and even for breast cancer screening, not just for that the greater tilt increased the like- death. diagnosis, the FDA would be prohibited lihood of metal fatigue and valve Devices as simple as patient re- from requiring data to show that the breakage, and the new version was not straints used in nursing homes and machine is effective for screening. Does approved for use in the United States. hospitals have been implicated in 231 the Senate really want to support leg- Four thousand of the new devices were injuries, including 128 deaths. islation that could result in women implanted in Europe. The failure rate The list goes on and on. dying needlessly from undetected was six times higher than for the ear- These tragedies resulted in expanded breast cancer? That is what this device lier valve—causing at least 150 deaths. powers for the FDA to protect the pub- provision could cause.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9830 CONGRESSIONAL RECORD — SENATE September 24, 1997 Another example involves the large try. There is no justification—none without reviewing them for off-label number of patients who have suffered whatever—for Congress to force the use without seeking review or approval serious fractures and who benefit from FDA to approve devices with false or by the FDA and are also never con- orthopedic implants that help the bro- misleading labels. And there is cer- ducting the studies which would lead ken bones to heal. In some cases, these tainly no justification for giving a to ultimate FDA approval or dis- implants are designed to be removed competitive advantage to unscrupulous approval of the drug. after the healing is complete. In other companies who will exploit this gaping Third, expanding access to drugs for cases, to avoid further surgery or to loophole in the law. patients and fast track approval: strengthen the bone, the implants are Companies that hope to benefit by Fast track approval. This is one of left in place. weakening the FDA are powerful and the most important new initiatives in Under this legislation, a manufac- profitable. They believe they have the the legislation. Fast track approval turer of plates and screws approved for votes to push this disgraceful provision will provide the same streamlined short-term use could modify them in a through the U.S. Senate. Today, they availability for drug treatments for pa- way that clearly shows they are in- probably do have the votes. tients with any life-threatening disease tended for long-term use. The FDA But if the American people truly un- now available only to patients with would be prohibited by this bill from derstand what is at stake, I do not be- cancer or AIDS. looking behind the false and deceptive lieve they will permit this dangerous Expanded access to drugs still under label and requiring the manufacturer provision to become law. When the investigation for patients who have no to show that the device will not degen- vote comes on Tuesday, we will see other alternatives. The compromise erate or weaken the bone during long- how many Senators are willing to combines protections for patients with term use. stand with the American people—and expanded access to new investigational Pedicle screws are a clear example of how many are willing to vote in favor therapies, without exposing patients to just such behavior by manufacturers. of false and misleading labeling. unreasonable risks. Originally designed to hold long bones The legislation we are considering Providing access for patients to information about clinical trials for seri- in place after a fracture, they were has many constructive elements. But it ous or life-threatening diseases. This modified by the manufacturer so that does not deserve to go forward unless compromise will assure that patients they could be used to make the spine this disgraceful provision is removed. suffering from serious or life-threat- more rigid, with the goal of reducing False or misleading labels should have ening diseases will have available to painful back problems. But the many no place in approval of medical devices. them information about ongoing clin- manufacturers of these screws did not Unscrupulous manufacturers do not de- ical trials relating to these diseases. serve a free ride at the expense of pub- present safety and effectiveness data to Fourth, streamlining FDA proce- lic health. the FDA for this new use. dures. In order to expedite some prod- I intend to continue to fight to mod- The result: the screws sometimes uct reviews, the compromise authorizes ify this provision so that public health broke and sometimes caused spinal the Secretary to contract out to third- can be protected, and I believe that we fractures. Reoperation rates ranged party reviewers when it will improve will ultimately be able to reach a com- from 14 to 52 percent—and patients suf- timeliness, but not when it will reduce promise that will not sacrifice the pub- fered permanent pain and disability. quality. For medical devices, the com- lic interest to the profits of greedy This is exactly the kind of unethical promise establishes in law an already behavior by manufacturers that this manufacturers. We have been success- existing pilot program for reviewing bill encourages. ful in assuring that every other objec- devices by outside third parties. The Other examples in the way that this tionable provision of this bill has been compromise limits the review only to provision could allow unsafe and inef- modified so that the public health is low-risk class I devices and specifically fective devices abound. A stent de- protected. This provision must be excludes higher risk devices that are signed to open the bile duct for gall- changed as well. life-sustaining or if the device was not stones could be modified in a way that Here are some significant advances in shown to be appropriate could cause clearly was designed to make it a the FDA bill and compromises worked substantial impairment to human treatment for blockages of the carotid out on S. 830 since the committee health. The FDA will not have to ex- artery. Without adequate testing, it markup on June 18. pend resources on unnecessary reports First, preserving State oversight of could put patients at risk of stroke or which may be duplicative of other re- death. But under this bill, the FDA safety of cosmetics. This compromise ports already required to be filed by would be prohibited from looking be- assured that the States will be able to the agency. hind the label to the actual intended continue to regulate the safety of cos- Fifth, improved consultation between use of the device. metic products. The Gregg proposal in manufacturers and FDA. The com- Still another example involves con- the underlying bill would have barred promise increases the requirements on tact lenses, which can be approved for States from any regulation whatsoever the FDA to consult with device manu- either short- or long-term wear. Ex- of cosmetics, even though the FDA has facturers and specifically to work to- tended wear contact lenses can be left neither the authority nor the staff to ward achieving agreement on what set in the eye overnight, and sometimes regulate these products. The com- of data needs to be provided by the de- are worn for weeks. Under this bill, a promise allows States to continue their vice manufacturer before approval can manufacturer could take contact regulation unless a specific incon- be granted. In addition, the device lenses approved for short-term wear, sistent regulation has been issued by manufacturers are required to supply and modify them in a way clearly in- the FDA in a particular area. progress reports to the FDA, and in tended for long-term wear. The FDA Second, safeguards for off-label use of particular, report significant defi- would have to approve the modified drugs. This important compromise will ciencies in the device which have de- lenses based on the false and mis- allow companies to circulate reputable veloped during the review period. leading label for short-term use. journal articles about off-label use of Sixth, environmental issues. The Unsuspecting patients could suffer cor- drugs but will ultimately enhance the original bill would have eliminated en- neal ulcers and even blindness. public health and safety because the vironmental impact statements from The vast majority of medical device FDA will be given the opportunity to FDA applications. The compromise en- manufacturers meet high-ethical review, comment on, and approve arti- sures that the bill does not undermine standards. Most devices are fully tested cles which the companies will cir- environmental protections provided by and evaluated by the FDA before they culate. The compromise also requires the Environmental Protection Act. are marketed. companies to undertake studies on the Seventh, strengthening safety pro- But as many examples make clear, if safety of their drugs for the specific tections of medical devices: the FDA does not have adequate au- off-label use and submit applications to Safety and effectiveness of devices. thority to protect innocent patients, the FDA for approval of their drugs for The FDA will still require device man- the result can be unnecessary death these uses within 3 years. Currently, ufacturers to file supplemental applica- and injury to patients across the coun- companies are circulating articles tions when they are making changes to

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9831 their manufacturing procedures which the Senator from Indiana, who has the health and safety of Americans. may affect the safety and effectiveness been somewhat involved in this issue. I There is no one on this floor, as Sen- of the devices. am sure he may have a few things to ator DODD said yesterday, who does not Tracking of devices after approval. say. want to maintain a vital FDA, with the The compromise ensures that FDA can Take as long as you like. authority to review drugs and to re- require surveillance of products after Mr. COATS. Mr. President, I thank view devices and to make sure, to the they have been approved for as long as the Senator from Vermont. I have been best of their ability, that those drugs needed to protect the public health. listening carefully to the words of the and devices promote the health and Tightening up the process for FDA Senator from Massachusetts. I have promote the safety of Americans. approval of medical devices. The FDA clearly come to the conclusion the only They will not always be perfect, as will now be required to accept the clas- remaining problem with the entire 215- we have learned in this discussion. sification made by the manufacturer page bill is section 404. We have had They make mistakes. Sometimes poli- unless questions are raised within a considerable debate about that yester- ticians lean on them to approve things specific period of time. The com- day and today. The Senator said this is that should not be approved and they promise also tightens up timeframes the last remaining piece. The Senator approve them only to find out later within which the FDA must make a correctly pointed out, of the 20 items that they should not have approved final decision on a device application. that he was interested in, 19 have been them. Maybe they should not be sub- Recordkeeping by distributors of de- resolved. That is an awfully good bat- ject to that political pressure. They vices. The compromise requires limited ting average, 19 out of 20. Yet the Sen- should not. None of us, whether we are recordkeeping by device distributors so ator says the bill cannot go forward for or against a particular drug or de- that patients using devices will be until the last one is resolved. vice, should be involved in the sci- readily identifiable if there is a health We had a debate on this. The Senator entific process of approving or not ap- problem. passionately presented his case, but it proving a drug. But we can involve our- Eighth, other issues: was not persuasive. Mr. President, 65 selves in requiring that the FDA do Safety standards for drugs. Supple- Members of the Senate did not agree what is necessary to avoid the bureau- mental applications for drug approvals with the Senator from Massachusetts. cratic delays, avoid the inefficiencies, need to meet the same safety standards We had the vote. That issue has been and make itself a more efficient admin- as the original application. dispensed with. I know the Senator is istration. I will talk about that in just Health care economic information. upset that his view did not prevail, but a moment. Only valid and supportable health eco- it did not prevail, despite lengthy and But let me talk about the other side nomic claims may be made by drug passionate argument to the contrary. of this issue. Let me talk about the pa- manufacturers. But, putting that aside, I hope we can tients and the consumers, the Ameri- Health claims for food products. This take the Senator at his word, that this cans whose health and safety and compromise assures that the Nutrition is the only part of the bill that remains whose lives have been jeopardized or Labeling Act is not undercut or weak- of concern to him. I have word the FDA lost because of inefficient FDA bureau- ened, and that any health claims by lobbyists are currently trying to work cratic delays. We talk about those who food manufacturers have to be substan- the House to undo the negotiations, have been impacted by drugs that have tiated. some of the negotiations on some of been approved, in some people’s view, Mr. President, we want to be able to those 19 items. I trust the Senator, too quickly. What about those whose give the FDA the authority, when it is having acknowledged that those have health and safety has been impaired clearly indicated as a result of the been negotiated fairly and addressed, and who have died because the drugs technological changes in that medical would support us in maintaining the have not been approved quickly device that an alternative use is in- language that is in the Senate bill enough? A very prestigious institution, tended, to look in behind the proposal when this bill goes to conference, and the Hudson Institution, has done a and examine the safety data that not encourage any kind of modification seminal study on that issue and put would indicate that device is going to of that or weakening down of that out a report in November of 1995 titled, be safe, for the American public to be agreed-upon compromise. ‘‘The Human Cost of Regulation. The protected. I assume that means section 406 is Case of Medical Devices and the FDA.’’ That is the issue. We have had too satisfactory and there is nothing more I hope my colleagues will read this to many medical device tragedies in this we need to do with it, based on the understand the other side of the issue, country. It has not been that long ago, Senator’s remarks. I am pleased we can the rest of the story. I will just quote whether it is the Dalkon shield or the go forward on that basis. briefly from it. Shiley heart valve, or even the adjust- I also heard the Senator say that ba- When policymakers weigh the costs and ments in absorption level in tampons sically everything is fine at FDA, that benefits of our current policies governing the that produced toxic shock and resulted this revolution that has taken place production of new medical technologies, per- in the deaths of women—there have under Dr. Kessler solved the problem, sons who die from the absence of a device been too many medical device trage- admitting there were problems before that should have been available should count dies. We have been able to avoid them but we really don’t need to do anything as much as the victims of a defective device. in recent times. The industry is doing more. To quote him, he said, ‘‘If it We have heard a lot here about vic- well. We are having new breakthrough ain’t broke, don’t fix it.’’ FDA is im- tims of defective devices, but we have technologies. proving as we speak. Everything is not heard very much about victims of We have reviewed 19 of the 20 key ele- going fine at FDA. devices that have been unnecessarily ments that have been raised by those The reason why we are here is that delayed that could have saved patients’ who have been most concerned about everything is not going fine at FDA. It lives, that could have improved their the safety and security of the Amer- has not for 20 years. We have been at- safety. ican people. We have addressed them tempting to reform the process at FDA Mr. KENNEDY. Will the Senator and advanced the public’s interest in for the past 20 years and there are yield just for a question? protecting the health of the American some reasons for that. It is not fine be- Mr. COATS. I will be happy to yield people with the exception of this provi- cause there clearly have been delays to the Senator for a question. sion. that have resulted in impaired health Mr. KENNEDY. What is the date of It would be wrong and a major mis- and safety of Americans. that particular study? I did refer to re- take to permit this legislation to be You know, there are two edges to cent studies. I was just interested in passed without making that change. this sword. There are two sides to this the date. I reserve the remainder of my time. issue. One side is making sure that we Mr. COATS. November 1995. I will The PRESIDING OFFICER. Who have a Food and Drug Administration quote further: yields time? that follows careful procedures before Although these improvements are cer- Mr. JEFFORDS. Mr. President, I approving drugs and devices, because tainly laudable, they are not worth the yield such time as he may consume to clearly that is in the best interests of human costs of the FDA’s approval system.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9832 CONGRESSIONAL RECORD — SENATE September 24, 1997 Rather than protecting public safety, in FDA bureaucracy and inefficiency in in approving drugs and approving de- some cases the FDA’s system for approving approving a lifesaving medical device. vices that save the lives and improve medical devices actually endangers lives. Let’s assume that only 25 percent of the health of Americans. Let me cite some examples: Coronary that delay was due to FDA. We are still To respond to a question from a stents. Coronary stents are simply a talking about 1,570 lives. That is the Member of Congress, to make the wire mesh tube that holds the artery other side of the story. statement that, ‘‘The only way we can open to facilitate the flow of blood to I could go on and on. The omnicarbon improve is if you put pressure on us,’’ the heart muscle. During angioplasty, heart valve, the left ventricular assist probably explains the sudden rash of which nearly 400,000 Americans a year device, the heart transplant proce- approvals that have come out of FDA. undergo, before the coronary stent was dures, all of these, just dealing with Why? Because we have a reform bill in developed 15 percent of patients under- the heart—delays because of FDA inef- the process. They have gotten the mes- going that operation had a blood vessel ficiency. sage. They have gotten the message collapse and had to go into emergency That is why the committee has been that Congress will no longer tolerate bypass surgery, which placed them at so insistent on moving forward with re- this delay. greater risk, and a lot of lives were form. That is why the committee has They heard it not just from Repub- lost. The coronary stent, however, be- said, no, everything is not fine at FDA. licans, not just from people who so- came an alternative method of treat- Yes, we appreciate the fact that they called represent the device industry or ment for most of these patients and re- are doing a little bit better since they the pharmaceutical industry or the duced dramatically the amount of col- taxed the pharmaceutical industry to business side, they have heard it from lapsed blood vessels and dramatically provide the funds to hire the research- Republicans and Democrats, liberals the lives that were lost. ers to expedite the approval of drugs. and conservatives, people on both sides You would think that, given the im- But they have not done better with de- of the aisle. portance of this technological break- vices. How did we possibly get out of that through, the FDA would have given ex- The statements that the Senator has Committee on Labor and Human Re- peditious handling to the application made were wrong. We have not had im- sources, probably as divided philo- for approval of the stent. Sadly, for provement in the way that devices are sophically as any committee in the thousands of Americans who died when handled. High-risk and novel device re- U.S. Senate, how did we possibly get 14 they could have benefited from this view times in 1995 increased from 348 out of 18 votes? We got it because lib- stent, this was not the case. It took 9 days to 773 days; if you count the days erals, Democrats, Republicans, con- months for the device’s developers to in FDA hands, 247 to 606. That is on av- servatives, all came to the same con- obtain permission from the FDA to erage. clusion. The conclusion was: FDA even begin preliminary phase I clinical I could go over example after exam- needs reform, and it needs it now. trials. These trials took another year. ple. In fact, in the budget this year, in We have delayed several weeks here, Then the manufacturer conducted responding to that, FDA said we are and even months here, simply trying to phase II trials for 9 months, and based actually going to slow down, we are ac- get this thing through the Congress. on those results requested immediate tually going to have to slow down re- We have had two filibusters. We have permission to begin the final phase III view times with respect to device sub- had untold procedural tricks and gim- trials. missions. The agency itself predicted micks, all perfectly within the rules The FDA rejected this request. The that they would complete 6 percent but designed to delay the process. We manufacturer appealed and then again fewer reviews but review them 20 per- have had one objection after another. requested permission to begin phase III cent slower. Part of that is our fault. It was not that long ago when the trials. Three more months and the We are not giving them the resources Senator from Massachusetts was down FDA came back and said no, you can’t that they need to speed up the process. on the floor saying, ‘‘If we can just fix start. In the meantime, the manufac- But there is another part of this this cosmetic’’—he had his pictures up turer had repeated a whole series of story that we have not heard from the with problems with the cosmetic and phase II trials again. Finally, 7 months Senator from Massachusetts. That is food industry. ‘‘That doesn’t go to the later, the manufacturer completed the the testimony of the then-Commis- heart of the problem; the FDA’s drugs first segment of phase III after the sioner of FDA, Dr. David Kessler. The and devices, that part is fine. That part FDA finally granted permission, and on Senator this morning said that under is settled. We just have to fix the cos- and on it went for another 15 months. the revolution that is taking place metic part.’’ And so we said, ‘‘OK. We’ll Four months later the FDA’s advi- under the leadership of Dr. Kessler, ev- fix it.’’ And Senator GREGG negotiated sory panel of medical experts said OK, erything now is just hunky-dory. a compromise with the Senator from we will issue the order granting ap- Well, we had Dr. Kessler before our Massachusetts and the Senators from proval—excuse me. They recommended committee. Dr. Kessler did not say ev- California, and others, and we elimi- the order to grant approval. It then erything was hunky-dory. Dr. Kessler nated that concern. took the FDA 12 months to comply did not say everything was fine. In All of a sudden, when we were told with their medical experts’ request to fact, Dr. Kessler pretty much threw up that that is all we needed to do to order the approval of the stent. his hands and said, ‘‘I can’t control the move this forward, all of a sudden a The Hudson Institute estimated the agency. I can’t administer this agen- new issue comes popping up, not one number of lives lost, and it is an esti- cy.’’ In an astounding statement to that was offered by amendment in the mate. But, based on a very thorough Members of Congress, he said, ‘‘It’s committee. If it was the primary, the study, and it is all documented here in only under pressure from the Congress No. 1 priority of the President and the this report, they estimated that the lag that we have been able to expedite and Secretary of Health and Human Serv- time attributable to the FDA cost move things here.’’ He said, ‘‘I’m at a ices, you would have thought the Sen- Americans 2,888 lives. That is the other loss to do this, but you keep the pres- ator from Massachusetts or someone side of the story. sure on.’’ would have offered an amendment in We hear about mistakes, and, yes, Well, if we listen to the Senator from committee. But no, it was then the mistakes are made. We are all humans Massachusetts, we would take the pres- next thing to delay the bill, the next after all. We hear about mistakes, and sure off. Then they probably would re- cause celeb, the next throw down the the Senator from Massachusetts has vert to the same old ways. It is a bu- gauntlet, the next draw down the line detailed and had his charts up about reaucracy that has not been adminis- in the sand, the next ‘‘we can’t move individual patients who have been in- tered well under the previous Commis- forward,’’ the next ‘‘this bill is totally jured, or had their health jeopardized sioner. Let us hope the current acting worthless without a fix here.’’ Fix 19 through FDA approval of a product and Commissioner or the new Commis- out of 20. Actually it was 34. The Sen- then the fact that product was not ev- sioner can do a lot better job than the ator miscounted. Since markup—14–4— erything that it was billed to be. But previous Commissioner. The previous since markup, 30 sections of this 60-sec- we have not heard anything said about Commissioner seemed more intent on tion bill have been altered. And 34 pro- the 2,888 patients who died because of pursuing a political agenda than he did visions—as I hold this here in my

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9833 hand—of negotiations trying to get the people at risk. The Hudson study cer- printed in the RECORD so it is not so Senator to allow us to move forward tainly points that out. What does that voluminous. But it is available in my with this bill. mean? It does not mean that we should office for anybody to review it. The Wall Street Journal today in an have no FDA reform. It does not mean There being no objection, the mate- op-ed piece calls this a timid bill. It we should necessarily have the FDA re- rial was ordered to be printed in the has been watered down. It has been wa- form I think we should have. But it RECORD, as follows: tered down substantially. A lot of us means we should have FDA reform. It [Excerpts from the Hudson Briefing Paper, would have liked to have gone a lot far- means we ought to move forward with- Nov. 1995] ther than we have been able to go with out an ill-conceived attempt to destroy THE HUMAN COSTS OF REGULATION: THE CASE this bill. We had provisions which the whole bill. OF MEDICAL DEVICES AND THE FDA would allow outside help for the agen- I do not think the opposition here (By David C. Murray) cy, third-party accreditation. Only has been designed to make this a better * * * * * over the strenuous objections and re- bill. I think the opposition—and I GIANTURCO-ROUBIN CORONARY STENTS sistance of the Senator from Massachu- think it has been made clear with the setts were we able to move forward Senator’s statement this morning that The development of coronary stents has revolutionized the treatment of certain with that. everything is fine at FDA, hunky-dory, Yet, the FDA had its own pilot pro- heart conditions related to a severe blockage it is not broke, it does not need to be in or collapse of a coronary artery, the vessel gram going on that. This is the medical fixed, it is improving as we speak, with device equivalent of the PDUFA, of the that carries blood to the heart muscle. A revolutionary changes under Dr. sent is basically a wire mesh tube. The sur- user fee. Let us get some outside help Kessler. I do not think anybody be- geon places the stent over an uninflated bal- from accredited agencies that FDA cer- lieves that. Well, maybe two people. loon on the tip of a long guide wire, inserts tifies, not that DAN COATS selects, not We had a vote yesterday 98 to 2. Sixty- it into the body through a major blood ves- that some device company selects, but five people voted for the so-called pro- sel, and snakes it through the blood vessels that FDA selects. We gave FDA the au- into a coronary artery. Next, he anchors the thority to go out and find scientific vision that the Senator said would ab- stent inside the artery by inflating the bal- laboratories and testing laboratories solutely kill the bill. And then 33 more loon. Then he deflates the balloon, leaving that met their standards and, under joined with those 65 in voting for the the stent in place to hold the artery open their standards, would be able to assist bill, even though the Senator’s point and facilitate the flow of blood to the heart them in the process of speeding up the did not prevail. muscle. During the next few weeks, the lin- ing of the artery grows over the stent, an- review time of devices. Then we built So 98 to 2 is a pretty good indication that there is a solid belief here for re- choring it permanently in place. in all kinds of—all kinds of—FDA au- Several other interventional techniques, thority to select the companies, to form and the solid need for reform. I just hope now we do not have to go including angioplasty, can treat blockages of make sure that there was no conflict of a coronary artery. During angioplasty, the interest, to oversee the process, to through this same tortuous delay proc- surgeon inserts an angioplasty balloon into withdraw it at any time, to have a ess in the House of Representatives the coronary artery and expands the balloon final veto over the approved product. where the hard work that has been ac- next to the blockage, thereby compressing Those are just some of them. I have complished here is undermined by the blockage into the artery wall and allow- five pages in this bill here of accredited those foes of any change in FDA, the ing blood to flow freely through the artery. During angioplasty, the coronary artery party participation, restrictions that status quo people. ‘‘Everything’s fine. Let us just keep it as it is. Let’s just may collapse, preventing the flow of blood to go to FDA to make sure that process is the heart muscle. This occurs in 2 to 4 per- valid, to make sure it has integrity, to keep denying Americans the health and cent of the 400,000 such operations performed make sure it is not a loophole. safety improvements. Let’s keep deny- in the U.S. each year. Unless the flow of Here we are trying to do something ing them an efficient FDA.’’ blood is restored, the patient suffers a heart that helps FDA, that helps speed the Anybody who can stand up and de- attack. Before the development of stents, the approval of devices that can save lives fend efficiency and the effectiveness of surgeon could restore the flow of blood to and improve health. We give FDA all this Government-run monopoly has not the heart in about half of all patients by per- kinds of authority, and we still have to had very much experience with the pri- forming an emergency coronary artery bypass graft (CABG) surgery. This operation negotiate as if this was going to de- vate sector. All we are trying to do here is—not strip FDA’s authority; was quite risky, resulting in the death of ap- stroy FDA. Every latest thing we saw, proximately 15 percent of patients under- and then something else comes up. there is a public function for that. We going the bypass operation. ‘‘This is going to destroy FDA.’’ FDA are trying to give them some help in The coronary stent, however, became an retains plenty of authority here, but it accomplishing what I think, what 98 of alternative method of treatment for most of gets some help in the reform business us at least believes needs to be accom- these patients. In fact, at hospitals that and gets a strong message from Con- plished. evaluated the stent during clinical trials, gress to ‘‘get your act together, get a I am glad I do not have to vent my only 8 percent of the patients suffering from spleen any more than I already have on abrupt closure of the artery needed to have Commissioner that knows how to ad- the bypass surgery. Of those that did require minister as well as how to politic.’’ this because we are nearing final disposition of this in the Senate. It goes the bypass surgery, only 5 percent died. At I am more exercised than I usually the time the clinical studies were done, the get on this legislation. We have all to the House. We will have a conten- late 1980s and early 1990s, there were approxi- tried to be patient as we have worked tious conference. I think those who do mately 350,000 angioplasties done per year in through this process. But more than not want FDA reform will continue to the U.S. Based on these numbers, it is esti- one person on this Senate floor can get resist this. As I said yesterday, the mated that roughly 1,300 Americans died indignant and upset when people’s safe- clock is ticking. If we want funds to each year from abrupt closure before the ty and health and lives are in jeopardy. provide for the expedited review of stent was available. Had the stent been ap- And there is more than one way that drugs, we have to complete this very proved for use at that time, it is estimated shortly. September 30 is the date on that only 70 Americans would have died per people’s safety, health and lives are in year from abrupt closure, resulting in rough- jeopardy. Delay of this bill, obfusca- which it runs out. ly 1230 lives being saved per year. tion, resistance also jeopardize people’s We are not going to go forward with Given the importance of this technological health and safety and lives. To suggest PDUFA funds, appropriations or reau- breakthrough, one would assume that the that those of us who do not agree that thorization unless it includes the re- FDA would have given expeditious handling the Senator’s 20th item that he wants forms that are in this bill. I think that to the application for approval of the stent. compliance with is something that is has been made clear. And I think 98 Sadly for the thousands of Americans who going to destroy FDA, undermine the people made that clear yesterday. died when they could have benefited from entire device section of FDA, put I will tell you what. I am reluctant the stent, this was not the case. It took nine to put this whole Hudson study in. It is months for the device’s developers to obtain Americans at risk of their health and permission from the FDA to begin prelimi- safety and maybe even their lives, I do several pages. It would be at consider- nary, or Phase I, clinical trials. These trials not think that is a responsible charge. able cost to the taxpayers. I ask unani- took another year. The manufacturer then I think the obvious answer to that is, mous consent that excerpts, some por- conducted Phase II trials for nine months delay puts just as many, if not more, tions, of the Hudson briefing paper be and, based upon the results of these trials,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9834 CONGRESSIONAL RECORD — SENATE September 24, 1997 requested immediate permission to begin the FDA regulatory delay. The estimates vary The clinical evidence in favor of final Phase III trials. according to whether the FDA is assumed to endocardial leads over epicardial leads is ex- The FDA rejected this request. The manu- be 25 percent, 50 percent, 75 percent, or 100 tremely strong. A clinical study carried out facturer appealed and again requested per- percent responsible for the delay at each at 125 participating hospital centers dem- mission to begin Phase III trials. After three phase of the approval process. The lags in onstrated that 4.2 percent of patients receiv- more months, the FDA said no. In the mean- clinical trials in the table are the time in ex- ing the epicardial leads died within 30 days time, the manufacturer had begun a second cess of 60 days that it took a manufacturer following surgery, and only 0.8 percent of pa- set of Phase II trials. The manufacturer ap- to obtain FDA permission to proceed to the tients receiving the endocardial leads died pealed again, and after another three phase in question. The table estimates FDA during the same period. Two years after sur- months, the FDA finally granted permission responsibility for the 11-month lag between gery, 87.6 percent of the patients receiving for the Phase III trials to begin. Seven European and FDA approval at 100 percent endocardial leads were alive, but only 81.9 months later, the manufacturer had com- for all scenarios. percent of patients with epicardial leads pleted the first segment of the Phase III trial It seems reasonable to estimate that be- were still alive. The medical characteristics and requested permission to expand it. After tween 1570 and 2888 lives were lost in the U.S. of patients in both groups were similar. another seven months, the FDA granted this due to the regulatory lags imposed by the Other studies have also demonstrated the su- request; this trial was completed in another FDA for this device. It is readily evident periority of endocardial leads, exhibiting a 15 months. Four months later, the FDA’s ad- that delay does have a heavy price. differential in survival rates of about 4 per- visory panel of medical experts rec- IMPLANTABLE CARDIOVERTER-DEFIBRILLATORS cent. ommended approval of the device, but the As mentioned earlier, implantable- The fourth generation of implantable FDA did not issue the actual order granting defibrillators have saved the lives of tens of defibrillators is much smaller than the preapproval until another 12 months had passed. thousands of Americans, many of whom vious three. These can be implanted in the At last, on May 28, 1993, more than six and a would have survived only a short time had chest, under the pectoral muscle, much like half years after the initial application to they not received the implant. The U.S. first a conventional pacemaker. This greatly re- begin the clinical trials, the FDA approved approved implantiable defibrillators for use duces the length of the leads required and re- the device for use in the U.S. in 1986; CPI, then a subsidiary of Eli Lilly sults in a smaller incision. The devices can Obtaining approval in Europe was quite an- and Company, first brought them to market. send out a more efficient type of energy other matter. Belgium first approved the de- The original defibrillators were so large that wave that allows the use of endocardial leads vice in June 1992, after only a few months of they could not be implanted in the chest; in- in nearly all patients. This new wave, which review. Several other European countries stead the surgeon placed them inside the pa- is biphasic, achieves the same results as the quickly followed suit. On the face of it, there tient’s abdomen. To connect the defibrillator formerly used monophasic waves, but at sub- appears to be only an eleven-month lag be- to the patient’s heart, the patient needed a stantially lower energy levels and with fewer tween the European and FDA approval dates, thoracotomy, which involves cracking the electrodes. The gains in efficiency allow but the whole approval process in Belgium sternum and opening the chest. The surgeon near-universal use of endocardial leads. An- took only a few months, compared with two then embedded a wire or lead from the other result of the enhancement in efficiency years for the formal review of the data by defibrillator into the chest and grafted it is that the device needs far less testing while the FDA and four and a half years for the onto the heart. Needless to say, this was the patient is on the operating table. This clinical trials. quite a traumatic procedure for the patient leads to a reduction in the time the patient One could argue that the European ap- and resulted in substantial operative mor- is in surgery and should decrease several proval process was a ‘‘free rider’’ on the clin- tality. The early defibrillators certainly other complications. Operative mortality with this fourth-gen- ical trials the FDA mandated, thus making saved many, many more lives than they eration device again fell, this time to less this comparison unfair. The Europeans did claimed; however, they were only able to de- than 0.5 percent. The smaller device is also use much of the clinical data generated for liver one type of energy shock to the pa- said to be much more comfortable for the pa- the FDA approval process, but the Europeans tient’s heart. The high-energy shock that tient than the bulkier devices previously im- have a streamlined process for facilitating these devices delivered was effective in some planted in the abdomen. Fourth-generation clinical trials, with the go-ahead generally patients, but not all. granted in fewer than 60 days. It is unlikely A second generation of implantable- defibrillators were first approved for use in that it would have taken nine months just to defibrillators was approved for use in Europe Europe in October 1993 and in the U.S. in get the clinical trials under way in Europe, in 1988 and in the U.S. in 1991. These devices March 1995. It is evident that during the last several as it did in the U.S., just as it is unlikely could deliver both high- and low-energy years European consumers have had earlier that the manufacturer would have encoun- shocks to the patient’s heart and the physi- access to the latest model of implantable tered so many delays in expanding the clin- cian could program them to maximize effec- defibrillators than American consumers. In ical trials. Indeed, manufacturers who move tiveness. fact, American consumers were one full prod- their clinical trials to Europe cite regu- The third generation of implantable uct cycle behind their European counter- latory flexibility in designing and con- defibrillators was approved for use in Europe parts for most of the past five years. Given ducting clinical trials as their primary rea- in 1991 and in the U.S. in 1993. These were the improvements in patient survival for son. multiprogrammable. The physician could each generation of the device, this is hardly Given the complexity of the situation, it is tailor the type of shock the defibrillator a trivial issue. It is estimated that in the worthwhile to create a range of estimates for would deliver, according to the patient’s early 1990s roughly 13,200 Americans received the human costs of the FDA’s regulatory needs, even after the device was implanted, defibrillators each year, and that the figure delays in approving the coronary stent. At through the use of an electronic wand. The reached 20,000 by the mid-1990s. an absolute minimum, the delay in approval defibrillator also had an internal memory Because of the regulatory lags outlined time between Belgium and the U.S. was 11 that kept a record of the number times it earlier, it can be estimated that 1,206 Ameri- months. Using the estimated loss of 1,230 had discharged, as well as several key statis- cans died who, statistics indicate, would not lives per year, the minimum human cost of tics concerning the nature of the shock it have died if the same device that was avail- the 11-month delay is approximately 1,128 had delivered. The physician could access able in Europe had been available in the U.S. lives (11/12 times 1,230). This estimate, how- this information with the wand. The The two-year regulatory lags in approving ever, does not include the delays associated defibrillator could also pace the patient’s endocardial leads led to 1,056 of these deaths, with the FDA’s design and oversight of the heartbeat; it incorporated recent advance- and the 18-month regulatory lag in the ap- clinical trials. ments in pacing technology that allowed the proval of fourth-generation defibrillators device to correct for both slow- and rapid- was responsible for the remaining 150 deaths. TABLE 1.—ESTIMATED NUMBER OF LIVES LOST DUE TO beating problems. Once again, the price of inefficient regula- REGULATORY DELAY IN APPROVING THE CORONARY STENT The physician used either epicardial or tion carried a heavy human cost for Amer- endocardial leads to attach third-generation ican heart patients. Percent of Lag Attributable to defibrillators to the heart. He grafted epi- Time lag the FDA cardial leads onto the heart muscle by means Mr. COATS. Let me yield the floor, Regulatory Phase (months) because I do not think I will speak 25% 50% 75% 100% of screw-in or stab-tab electrodes. This type of lead required a thoractomy, or open chest again, but not before commending the Investigational Device Applica- procedure. Endocardial leads, on the other chairman of the committee, who has tion ...... 7 182 365 547 718 Begin Phase III trials ...... 5 130 260 391 521 had, could be threaded through the patient’s persisted with the patience here that is Expand Phase III trials ...... 5 130 260 391 521 blood vessels to the heart. Because these remarkable. He has persisted because Clinical Subtotal ...... 17 442 885 1,329 1,760 leads stay inside the blood vessels, there is Approval Lag ...... 11 1,128 1,128 1,128 1,128 he believes that this is an important no reason to open the chest. Endocardial thing to move forward on, that this Total ...... 27 1,570 2,013 2,457 2,888 leads were not originally approved for use with third-generation defibrillators in the issue is important to the health and Taking these delays into account substan- U.S., but became available in December 1993. safety and lives of Americans. I appre- tially increases the human costs attributable Endocardial leads were first widely available ciate his effort and work and his co- to the U.S. system. Table 1 provides varying in Europe in late 1991, two years before they operation and his standing tall with us estimates of the number of lives lost due to were widely available in the U.S. even though it has not been easy.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9835 So I thank the chairman, The Sen- turing supplement, then the Secretary would substantially equivalent to a predicate de- ator from Vermont, and, in view of have 105 days to review the supplement from vice. The Committee also believes that sec- that, yield the floor. the day of its receipt by the Secretary. The tion 604 may permit the Secretary to avoid Mr. JEFFORDS addressed the Chair. Committee expects that the Secretary com- time and resource consuming substantial monly will permit manufacturing changes equivalence determinations that rely on re- The PRESIDING OFFICER (Ms. COL- through the 30 day notice procedure after mote predicates. The committee does not in- LINS). The Senator from Vermont. gaining experience with the procedures out- tend that this provision will alter the Act’s Mr. JEFFORDS. Madam President, I lined by this subsection and with the per- substantial equivalence provisions or the want to thank the Senator from Indi- formance of regulated persons. Important to Secretary’s longstanding approach to the ana for bringing to the awareness of the Committee’s consideration in advancing 510(k) classification process. my colleagues what the other side of this approach to manufacturing changes was In sum, insofar as special controls are ref- the story is with respect to the famous the Secretary’s recent implementation of erenced in section 604, the committee in- 404 provision relative to devices. pre-production design controls which require tends to clearly communicate that any special control is enforceable to the extent en- I only add, as I would point out, there consideration of manufacturing specifications in the overall design evaluation of a de- forcement authority specifically addressing are some 6,000 devices approved each vice. such controls exists in the Act. Special con- year, and during the period of the last SECTION 604—AUTOMATIC CLASS III DESIGNATION trols that are voluntary, for example stand- 5 years around 30,000, of which there ards recognized by FDA under section 205 or Section 604 includes a process that permits agency guidance documents, may not be re- were only 5 or 6 that were found to the Secretary to classify devices based on quired to demonstrate substantial equiva- have had problems after approval. So I the Act’s risk-based classification criteria lence or, more generally, compliance with want to try to get the dimensions of when a device is found to be not substan- any requirements under the Act; however, this problem which has really domi- tially equivalent to a predicate devise. Spe- alternate means of achieving compliance cifically, thirty days after receipt of a not nated our time. must be demonstrated by regulated persons. I thank the Senator from Indiana. substantially equivalent determination, the SECTION 612—HEALTH CARE ECONOMIC Madam President, I ask unanimous person receiving the Secretary’s classifica- INFORMATION consent that the statement of the man- tion order may request that the Secretary make a risk based classification determina- The purpose of section 612 is to make it agers be printed in the RECORD. tion for the person’s device, if the type of de- possible for drug companies to provide infor- There being no objection, the mate- vice had not been previously classified. The mation about the economic consequences of rial was ordered to be printed in the manufacturer should provide information to the use of their products to parties that are RECORD, as follows: assist the Secretary in making the risk- charged with making medical product selec- STATEMENT OF THE MANAGERS based classification. The Secretary will then tion decisions for managed care or similar After the mark-up of S. 830, supporters of determine the device’s classification based organizations. Such parties include for- the bill, the minority, and the FDA were on the classification definitions in section mulary committees, drug information cen- able to come to agreement on several provi- 513(a)(1) and any material provided for the ters, and other multidisciplinary committees sions, previously the subject of disagree- Secretary’s review. These classification defi- within health care organizations that review ment, on the basis of new legislative history. nitions have been used by the Secretary to scientific studies and technology assess- Other new provisions were agreed to which classify or reclassify over a thousand types ments and recommend drug acquisition and require accompanying legislative history. of devices. treatment guidelines. The provision is lim- The following substitutes for the language in Within 60 days of the above request, the ited to analyses provided to such entities be- the committee report for S. 830, which shall Secretary must make a classification deter- cause such entities are constituted to con- not be considered part of the legislative his- mination, placing the device into one of sider this type of information through a de- tory of this bill on the topics discussed three statutory device classes. If the device liberative process and are expected to have below. is placed into classes I or II, it may be com- the appropriate range of expertise to inter- mercially distributed immediately. Of pret health care economic information pre- SECTION 601—MINOR MODIFICATIONS course, like any device, devices classified sented to them to inform their decision- The Committee changed section 601 only as into class I or II under section 604 will be making process, and to distinguish facts that section relates to manufacturing subject to all provisions of the Act. However, from assumptions. This limitation is impor- changes, and this statement only supplants if the device is placed in class III, its status tant because it will ensure that the informa- prior legislative history to the extent such will remain unchanged from its not substan- tion is presented only to parties who have es- history describes and explains manufac- tially equivalent designation; that is, the de- tablished procedures and skills to interpret turing changes to approved PMA devices cov- vice will be classified into class III and will the methods and limitations of economic ered by the markup version of 601(c). Section require an approved premarket application studies. The provision is NOT intended to 601 now better reflects the Committee’s de- under section 515 before marketing. permit manufacturers to provide such health sire to ensure a workable means of expe- Once a device is classified into class I or II care economic information to medical prac- diting the clearance of significant manufac- under section 604, it becomes a predicate for titioners who are making individual patient turing changes. The provision permits manu- future premarket notification submissions. prescribing decisions nor is it intended to facturers to submit a notice to FDA describ- Persons who file reports under section 510(k) permit the provision of such information in ing manufacturing changes, summarizing may demonstrate the substantial equiva- the context of medical education. data and information supporting the lence of newer devices to these predicates in Health care economic information is de- changes, and asserting that the changes were the same manner as under current law. fined as an analysis that identifies, meas- made in accordance with current good manu- The Committee realizes that ‘‘special con- ures, or compares the economic con- facturing practices. Before commercially dis- trols’’ can be controls or a variety of consequences of the use of the drug to the use of tributing a device subject to such manufac- trols that will assist in providing a reason- another drug or another health care inter- turing changes, the manufacturer must wait able assurance of device safety and effective- vention or no intervention. Incorporated 30 days from the date of the Secretary’s re- ness. When conducting a classification re- into economic consequences are the costs of ceipt of the notice. If within the 30 day pe- view under this section, the Secretary may health outcomes. Data about health out- riod the manufacturer receives from the Sec- classify a device into class II even when spe- comes associated with the use of drug, other retary a written statement that the notice is cial controls do not yet exist. treatments, or no treatment are therefore inadequate, the device may not be distrib- Importantly, the fact that a device is sub- incorporated into the economic analysis. uted until sufficient information is added to ject to a special control under this section This provision limits such incorporation to the notice to make it adequate within the does not mean that enforcement authority health outcomes that are directly related to meaning of the notice requirements of this over such controls in other parts of the Act the approved use of the drug and are based subsection. become ineffective. For example, postmarket on competent and reliable scientific evi- The Secretary will also have the option of surveillance and labeling can be special con- dence. The provision presumes that the cur- requesting PMA supplements for the manu- trols. Nonetheless, postmarket surveillance rent standard practice of including full dis- facturing changes identified in notices. If is still enforceable as a misbranding under closure of all assumptions and health out- such a request is made, the Secretary will section 502(t) and specified labeling instruc- comes used in the economic analysis will have 135 days from the date of receipt of the tions remain enforceable under either sec- continue. manufacturing supplement to approve or tion 502(a) or 502(f)(1) as misbrandings, de- The type of health care economic informa- deny it. However, to the extent that a notice pending on the labeling control at issue. tion that can be provided pursuant to this satisfies the content requirements for a man- The Committee included section 604 to section is that which is directly related to an ufacturing supplement, the time used by the avoid the needless expenditure of the Sec- approved labeled indication. To illustrate Secretary for reviewing the notice will be de- retary’s resources that would occur if lower this point, economic claims based on pre- ducted from the 135 day review period. For risk devices were subjected to premarket ap- venting disease progression would ordinarily example, if the Secretary used 30 days to re- proval reviews under section 515 because not be considered to be directly related to an view a notice and requested a PMA manufac- such devices were unique and found to be not approved indication for the treatment of

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9836 CONGRESSIONAL RECORD — SENATE September 24, 1997 symptoms of a disease, for a drug for which needed could be affected by other pertinent teration and misbranding sections of the Act the use in prevention of disease progression factors. (Secs. 501(b) and 502 respectively). USP es- has not been approved. For example, rheu- Under FDA’s current postmarketing re- tablishes standards for marketed drugs in matoid arthritis drugs are approved for the porting regulations, health care economic the U.S. It first provided standards for PET treatment of symptoms and not for the pre- information as defined in this section must pharmaceuticals in 1988. During these years, vention of deformity. Therefore, economic be submitted to FDA at the time it is ini- USP standards have served to standardize claims based in part on an assumption of tially provided to a formulary committee or and help assure the quality of these items prevention of deformity would not be consid- other similar entity. In addition, pursuant to and protect the public health. USP estab- ered directly related to the approved indica- this provision, FDA will have access, upon lishes standards or drugs through a rigorous tions for these drugs. request, to any data or other information re- peer reviewed process, and the FDA provides Similarly, economic claims based on pro- lated to the substantiation of the health care input and comment to USP as part of this longing patient survival would not be consid- economic information. Such information is process. ered directly related and would not, there- evaluated by the Secretary to determine if Section 619(a)(1) amends the FDCA to add fore, be permitted under this subsection, for the health care economic information meets a definition of a ‘‘compounded positron emis- agents approved for the symptomatic treat- the requirements of this section. This con- sion tomography drug’’ to mean a PET drug ment of heart failure, but not approved for sists of, for example, health outcome data, and associated software and hardware which prolonging survival in heart failure patients. health resource utilization data and other has been compounded in accordance with This provision also is NOT intended to pro- information related to the economic con- state law by or on the order of a practitioner vide manufacturers a path for promoting off sequences of the use of the drug. It would not licensed in that State or in a federal facility label indications or claiming clinical advan- include, for example, confidential corporate in accordance with the law of the State in tages of one drug over another when such financial data, including confidential pricing which it is located. claims do not satisfy FDA’s evidentiary data. Section 619(b)(1) amends the FDCA to pro- standards for such claims. SECTION 617—HEALTH CLAIMS vide that a compounded PET drug is adulter- However, the provision would permit Section 617 of the bill amends section ated, and thus subject to regulatory and/or health care economic information that in- 403(r)(3) of the Act to authorize a health legal action by FDA, if it is compounded, cludes reasonable assumptions about health claim based upon a published authoritative processed, packed, or held other than in ac- care economic consequences derived from, statement of an authoritative body of the cordance with the PET compounding stand- but not explicitly cited in, the approved indi- United States. Such a claim would be lawful ards and the official monographs of the USP. cation that is supported by competent and Section 619(b)(2) provides that the amend- if it meets the requirements of clause (C), in- reliable scientific evidence. The nature of ment effected by section 619(b)(1) shall cease cluding the requirement that the Secretary the evidence needed will depend on how to be effective four years after the date of be notified 120 days prior to a claim appear- closely related the assumptions are to the enactment of this act, or two years after the ing on a food in interstate commerce. It is approved indication and to the health sig- adoption by FDA of the requirements speci- expected that the Secretary will ensure that nificance of the assumptions. For example, fied in section 619(c), which occurs later. modeling the resource savings from tight all relevant offices of the Department give Section 619(c)(1) requires that, no later control of blood sugar in Type 1 diabetes sufficient priority to evaluating the informa- than two years after the enactment of this with insulin therapy could include costs sav- tion in the notice submitted under clause (C) act, FDA shall establish appropriate proce- ings associated with the prevention of ret- so that only accurate and appropriate claims dures for the approval of PET drugs pursuant inopathy (an eye disease) and nephropathy appear on food labels. Specifically, the Com- to section 505 of the FDCA and appropriate (kidney disease) based on well-controlled mittee expects that where the Secretary de- current good manufacturing practice stand- study(ies) that demonstrate that control of termines that a claim should be modified or ards for such drugs. In both instances, the blood sugar levels with insulin leads to a re- prohibited under clause (D), a regulation can Committee intends that FDA shall take due duction of such consequences. Because pre- be drafted by the Food and Drug Administra- account of any relevant differences between vention of retinopathy and nephropathy tion within 100 days, and that the remaining non-profit institutions that compound PET could not simply be assumed to be a result of 20 days will be adequate for other necessary drugs for their own patients and commercial blood sugar control, these prevention claims reviews, including review within FDA and manufacturers of such drugs. FDA is di- would have to be shown by well-controlled within the Department. The Committee also rected to consult with patient advocacy study(ies) before inclusion as health care expects that the Office of Management and groups, professional associations, manufac- outcome assumptions. Budget will either waive its review of a regu- turers and physicians and scientists licensed In contrast, economic claims that model, lation promulgated under clause (D) or com- to make and/or use PET drugs prior to estab- based on observational studies in a popu- plete that review expeditiously. In the event lishing the procedures and requirements con- lation of women, the economic consequences that FDA must consult with the authori- templated by this provision. of prevention of fractures due to osteoporosis tative body whose statement forms the basis Section 619(c)(2) provides that FDA shall would be permitted for drugs already ap- of the claim, the Committee expects that the not require the submission of a new drug approved for prevention of fractures due to authoritative body will give the highest pri- plication for an abbreviated new drug appli- osteoporosis. This is possible because obser- ority to that consultation to facilitate, with- cation pursuant to section 505 of the FDCA vational data may be considered competent in the 120 day notification period, the resolu- for PET drugs which meet the appropriate and reliable for making an assumption about tion of any outstanding differences. USP standards referenced by section 619(b)(1) the secondary consequences of an SECTION 619—POSITRON EMISSION TOMOGRAPHY for a period of four years after the enact- osteoporotic fracture once the primary pre- The Committee intends in section 619 to ment of this act, or for two years after the vention has been established. Similarly, the require FDA to develop a framework for the establishment of the procedures and require- long-term economic consequences of the pre- regulation of radiotracers used in positron ments under section 619(c)(1), whichever oc- vention of meningitis by haemophilus be in- emission tomography (PET) scans based on curs later. The Committee intends that FDA fluenza vaccine could be modeled using popu- the unique characteristics of PET and taking shall use up to two years of the four year pe- lation-based data once the primary preven- into account, where appropriate, the dif- riod to consult with the groups mentioned tion claim is established. ferences between the limited quantities of above and to formulate its procedures and The standard of competent and reliable sci- PET radiotracers compounded by not for requirements. Thereafter, the Committee in- entific evidence (49 Fed. Reg. 30999—August profit institutions, such as academic medical tends that a period of one year be allowed to 2, 1984) supporting health care economic in- centers, and the larger quantities that may prepare and submit any necessary applica- formation provided under this subsection be produced by commercial PET centers. tions. Finally, FDA is given one year to re- takes into account the current scientific The Committee has established a period of view and act upon the applications. The standards for assessing the various types of four years as a reasonable time period in Committee would expect that FDA would data and analyses that underlie such infor- which appropriate new regulatory procedures take no action against an applicant if, at the mation. Thus, the nature of the evidence re- will be developed by FDA and any necessary end of the four year period, the agency has quired to support various components of applications submitted by PET centers. neither approved nor issued a not approvable health care economic analyses depends on Until the expiration of that four year period, letter in response to an application filed which component of the analysis is involved. the Committee intends to require that PET within one year after the agency’s proce- For example, the methods for establishing radiotracers meet the standards set by the dures for PET drugs have been promulgated. the economic costs and consequences used to United States Pharmacopoeia (USP) for safe- Section 619(d) requires the revocation of construct the health care economic informa- ty, efficacy and compounding, and that the certain Federal Register notices which an- tion would be assessed using standards wide- FDA or state agencies will enforce the stand- nounced a rule inconsistent with this legisla- ly accepted by economics experts. The meth- ards set by the USP. In addition, makers and tion. ods used in establishing the clinical outcome users of PET radiotracers will continue to be PET is an imaging technique that produces assumptions used to construct the health subject to the requirements of the various a computerized image (scan) using small care economic analysis would be evaluated state boards of medicine and pharmacy quantities of a radioactive tracer to measure using standards widely accepted by experts which they are currently required to meet. biochemical activity in the body. It has been familiar with evaluating the merits of clin- USP standards are recognized in the Food, demonstrated to be an effective method of ical assessments. In addition, the evidence Drug, and Cosmetic Act (FDCA) in the adul- separating benign from malignant lesions,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9837 staging the degree of metastasis, deter- communication, a warning of any kind. Such volved in an NDA or final monograph, along mining therapeutic effectiveness and identi- a requirement might relate to a warning on with the requirements of other applicable fying early recurrence of disease in several the label, in labeling, through posters or ad- FDA regulations assures that all appropriate types of cancer, including lung, breast, vertising, in letters or other mailing, or in regulatory requirements including those in- colorectal, head and neck. In addition, PET any other form of public notification. Simi- volving safety, effectiveness, manufacturing, has a high degree of accuracy in identifying larly, the provision applies to all forms of re- packaging, and labeling, are all in place for early signs of coronary artery disease and in quired warnings, not just those formally des- OTC drug products. For that reason, no other assessing whether cardiac tissue is alive fol- ignated as a ‘‘warning.’’ It includes any state requirements will be permitted. lowing a heart attack. In more than one mil- statement, vignette, or other representation Thus, generally (unless another final fed- lion uses of PET tracers in Europe and one which indicates, directly or by implication, eral regulation applies) a state can require a million in the United States, the Committee that the drug presents or may present a haz- warning for a drug that is not subject to an is unaware of any reported instance of an ad- ard to health or safety. For public health NDA or a final monograph, because FDA has verse reaction to PET radiotracers. PET reasons, any warning of any kind, in any not yet had an opportunity to conduct a full radiopharmaceuticals have been used in pa- type of public communication, should be uni- review of all potential warnings applicable tients in the United States for over 30 years. form throughout the country. to the drug. Once FDA approves an NDA or Recent research and advances in imaging The reference to ‘‘a warning of any kind’’ promulgates a final OTC drug monograph for technology have enhanced the clinical im- is intended to make clear that a state re- the drug, however, no state may thereafter portance of PET. quirement is preempted if it relates to a require any form of warning on any subject, PET radiotracers are unique among radio- warning, regardless of whether the state re- through any form of public communication, pharmaceuticals because of their short half- quirement is described as a ‘‘warning.’’ For unless it is identical with whatever warning lives, ranging from 30 seconds to 110 minutes. example, if the substance of a state require- is required by FDA. Additional or different Therefore, most PET radiotracers are made ment is to mandate a warning, it would be warnings would thereafter be precluded. using a cyclotron which is at or near the subject to preemption even if it were called SECTION 811—INFORMATION EXCHANGE PET site, and most are made up on an indi- a ‘‘notification’’ or ‘‘information’’ require- Incentives for Research vidual dose basis upon the prescription of a ment. It is the Committee’s belief that section licensed physician. At present, there are 70 It should be noted that the provision would 771 will provide health care practitioners im- PET centers in the United States, almost all not prevent the states from undertaking uni- portant scientific information about uses of which are part of academic medical cen- lateral action to issue their own public that are not included in the approved label- ters. PET technology and its applications statements in the form of health department ing of drugs, biologics, and devices. We rec- were developed in large part with almost $2 releases, public service announcements, or ognize, however, that our goal should also be billion in federal research funds. Yet, while public education campaigns to alert state to ensure that these new uses get onto the PET is widely used in Europe, its benefits consumers about its concerns about an OTC product label. That is why we have incor- have not been widely available to American drug. porated strong incentives to conduct the re- patients, mainly because of lack of reim- Exceptions search needed to get those uses on the label. bursement and inappropriate and costly reg- Subsection (d) deals with the situation Pursuant to subsection (a)(3)(A), a manufac- ulations promulgated by FDA. where a drug is neither subject to a new drug Under current FDA requirements, PET turer who seeks to disseminate information application (NDA) or a final OTC drug mono- centers which compound PET radiopharma- about a new use must either certify that it graph, and therefore has not been the subject ceuticals on an individual dose basis would will file a supplemental application for the of a full review by FDA of all applicable reg- be required to meet FDA’s Current Good new use (if the studies have already been ulatory requirements. Until that FDA review Manufacturing Practices (CGMP) and to file completed) or must submit a proposed pro- occurs, national uniformity only applies NDA’s and ANDA’s for each type of PET tocol and schedule for conducting the nec- where a state requirement relates to the tracer and for each indication for which the essary studies and a certification that a sup- same subject as a federal regulation or the tracer might be used. This is the same type plemental application will be filed. If the same subject as a federal statutory amend- of regulation which the FDA applies to large studies are completed at the time dissemina- ment made on or after the date of enact- pharmaceutical manufacturers. tion begins, a supplemental application must ment, but is different from, or in addition to Academic medical centers are facing un- be filed within 6 months from the date of the that specific federal requirement. Where precedented cost pressures. Without regu- initial dissemination. If the manufacturer there is no such specific federal requirement latory relief and expanded reimbursement, commits to conduct the studies, a supple- and the drug is not subject to an NDA or a particularly from the Medicare program, mental application must be filed within 3 final monograph, the state remains free to many PET centers are likely to close, and years, unless the Secretary determines that impose its own requirement. the benefits of PET will be unavailable to more time is needed to complete the studies Thus, a state generally can impose a re- the taxpayers who funded their development. and submit a supplemental application. The quirement on the content or labeling of a For example, the University of California at Secretary may grant an extension of the product not the subject of a final mono- Los Angeles estimated that FDA’s new PET three year period if the manufacturer has graph. But a state cannot establish a dif- regulations would cost the University at acted with due diligence to conduct the stud- ferent requirement (warning or otherwise) least $300,000 for a single application for a ies in a timely manner, but such extension for a drug not subject to a final monograph single use of a PET radiotracer. may not exceed two years. where a final federal regulation on the sub- The Committee intends that adoption of Although our goal is to ensure that the reject is in place. For example, alcohol con- this section will permit FDA to establish a search is done to get new uses on the product taining OTC drug products intended for in- regulatory framework for PET drugs that label, we also recognize that there may be gestion (whether or not the subject of a final will enable PET centers to continue to make limited circumstances when it is appropriate monograph) must meet the requirements of a this valuable technology available to pa- to exempt a manufacturer from the require- final federal regulation which specifies max- tients at reasonable cost and assure that the ment to file a supplemental application. imum permissible concentrations of alcohol. public health will be protected. The Com- Subsection (a)(3)(C) provides that a manufac- A state could not issue a different regulation mittee also expects that the Health Care Fi- turer may file a request for an exemption on that subject even if the state regulation nancing Administration will, until four from the requirement if such manufacturer applied only to products not subject to a years after the enactment date, consider can demonstrate (I) that due to the size of final monograph. A similar situation is pre- PET drugs which meet USP standards under the patient population or lack of potential sented by FDA’s proposed regulation requir- the provisions of this section to be approved benefit to the sponsor, the cost of obtaining ing massive and in-depth changes in labeling by FDA for purposes of Medicare reimburse- clinical information and submitting a sup- format for OTC drugs. That proposal applies ment. plemental application is economically pro- to all OTC drugs whether or not they are hibitive, or (ii) it would be unethical to con- SECTION 807—NATIONAL UNIFORMITY subject to a final monograph and therefore duct the studies necessary to obtain ade- Warnings when final would preempt any different or quate evidence for approval of a supple- New Section 761 provides for national uni- additional state requirements. mental application. formity for OTC drugs for human use. Under Once FDA has conducted its full review in In making the determination of whether to this section state and local governments the form of an NDA or final OTC drug mono- grant an exemption pursuant to subsection may not in general have requirements for graph, the FDA regulatory program will (a)(3)(C), the Secretary may consider, among OTC drugs that are different from or in addi- have a general preemptive effect for drugs other things, the following factors, if rel- tion, or otherwise not identical with, a re- subject to an NDA or final monograph, no evant, whether: quirement under this Act, the Poison Pre- state may enact any additional or different (1) the new use meets the requirements of vention Packaging Act of 1970 or the Fair requirement that is of the type imposed by section 186(t)(2)(B) of the Social Security Packaging and Labeling Act. the three designated federal statutes. States Act; Section 761(c)(2) makes it clear that the may enforce identical provisions, but not re- (2) a medical specialty society that is rep- scope of national uniformity extends to any quirements that are in addition to, different resented in or recognized by the Council of state requirement upon a manufacturer or from, or otherwise not identical with the fed- Medical Specialty Societies (or is a sub- distributor to mandate, by any method of eral requirements. The full FDA review in- specialty of such society) or is recognized by

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9838 CONGRESSIONAL RECORD — SENATE September 24, 1997 the American Osteopathic Association, has significant scientific information to the Mr. JEFFORDS. I thank the Senator found that the new use is consistent with health care providers. from Maryland for raising this very im- sound medical practice; New Information portant point. As with the 1992 law, I (3) the new use is described in a rec- This section offers a safeguard to assure intend that the FDA’s performance ommendation or medical practice guidelines the health care provider community that a of a Federal health agency, including the Na- goals that have been worked out be- disseminated journal article or textbook tween FDA and industry in the PDUFA tional Institutes of Health, the Agency for which discusses an off label use will trigger Health Care Policy and Research, and the an update requirement in the event that the reauthorization be covered in a sepa- Centers for Disease Control and Prevention Secretary determines that there is a risk rate letter. The letter will be sent by of the Department of Health and Human that the drug may not be effective or may Secretary Shalala to Chairman BLILEY Services; present a significant risk to public health. and me, as well as the distinguished (4) the new use is described in one of three The new information submitted by the man- ranking members of the House Com- compendia: The U.S. Pharmacopeia—Drug ufacturer will be in a form prescribed by the merce Committee, Mr. DINGELL, and Information; the American Medical Associa- Secretary in regulations. The Committee tion Drug Evaluations; or the American Hos- our committee, Mr. KENNEDY. notes that manufacturers are already legally This letter is referenced in the find- pital Association Formulary Service Drug required by section 314.81 of volume 21 of the Information; Code of Federal Regulations to submit an- ings section of the user fees provisions (5) the new use involves a combination of nual reports to the Secretary. As opposed to of the bill. It will spell out in detail the products of more than one sponsor of a new the comprehensive data required under sec- performance goals that FDA has agreed drug application, a biological license appli- tion 314.81, this requirement is limited to to meet for each of the 5 years of the cation, a device premarket notification, or a data on safety and efficacy. The Committee reauthorized user fee law. device premarket approval application; and assumes that this requirement will not be I consider the provisions that will be (6) the patent status of the product. burdensome, rather tailored to meet the pub- in the Secretary’s letter and attach- Subsection (a)(3)(D) requires manufactur- lic health responsibilities to be exercised by ers who commit to conduct studies to obtain the Secretary. In addition, after the Sec- ment to be as mandatory as if they evidence on new uses to provide the Sec- retary makes a finding under this provision were in the statute itself. I expect the retary with periodic reports that describe the Secretary is required to consult with the FDA will treat them as such just as it the status of the studies. The reports re- manufacturer before determining what cor- has with the provisions in the 1992 let- quired by this provision are not intended to rective actions are commensurate with the ter. be burdensome. In many cases it would be public health need of the affected health care Ms. MIKULSKI. Mr. Chairman, I sufficient for manufacturers to provide brief provider community and what is in the best agree completely with what you just updates on the status of the studies. In gen- interests of potentially affected patients. stated. The provisions that have been eral, the purpose of this provision is to keep Rule of Construction negotiated between FDA and industry the Secretary apprised of how patient enroll- Subsection (d) provides that nothing in ment is proceeding, any significant problems and set forth in the sideletter from the section 771 shall be construed as prohibiting Secretary are a key part of PDUFA. that could affect the manufacturers’ ability a manufacturer from disseminating informa- to complete the studies, and expected com- tion in response to an unsolicited request These provisions cover electronic sub- pletion dates. from a health care practitioner. The Com- missions, meeting management goals, Additional Information mittee has an interest in ensuring that cur- clinical holds, major dispute resolu- The principal policy considerations that rent agency policies that encourage sci- tion, special protocol question assess- underlie this provision are the facilitation of entific exchange are not being modified by ment and agreement, and additional greater access to timely and accurate infor- section 771. At the same time, insofar as the procedures, such as action letters. mation to health care providers. Coupled Secretary may currently have authority in Not only should these performance with this goal is a recognition that the FDA other sections of the statute to restrict a manufacturer’s dissemination of information goals be considered fully binding on the has a responsibility to protect the public agency, they should be considered as health. Thus, the discretionary authority of in response to an unsolicited request from a the Secretary to offer objective statements health care practitioner, nothing in section minimum, not maximum commit- on the proposed dissemination and to require 771 is intended to change or limit that au- ments. If the agency can do better, it the manufacturer to disseminate additional thority. should. I know that FDA will do its information to achieve objectivity and bal- Establishment of List of Articles and Text- best to exceed the performance goals ance is preserved. books Disseminated and List of Providers and other matters spelled out in the It is important to recognize that it has That Received Articles and Reference letter, just as it has exceeded its com- been the long held view of Congress that the Textbooks mitments in the 1992 PDUFA letter. FDA cannot, and should not, regulate the In order to effectively implement the au- EFFECTIVE AND AGGRESSIVE OVERSIGHT OF THE practice of medicine. Thus, the FDA has no thority of the Secretary to require correc- FDA authority or jurisdiction to regulate how tive actions be taken by the manufacturer, physicians prescribe approved drugs. This the regulations promulgated by the Sec- Mr. JEFFORDS. I yield to the Sen- means that physician prescribing of off label retary may include record keeping require- ator from Washington, a member of the uses of approved products is not within the ments to make sure that such corrective ac- Senate Labor and Human Resources jurisdiction of the FDA. In this case, because tions are effective. These record keeping pro- Committee for purposes of engaging in the physician is receiving information from visions should be tailored to meet the under- a colloquy. a drug sponsor (whose conduct is within the lying purpose of the provision requiring cor- Mrs. MURRAY. As a new member of jurisdiction of the FDA) the FDA has a role rective action. For example, in the case of the Senate Labor and Human Re- new information under Section 771 that re- to play with respect to assuring balanced sources Committee I have spent the and objectivity necessary to fulfill its statu- quires an update of a disseminated article, it tory mission. Because health care providers may be appropriate to require the publica- last 8 months coming up to speed on retain responsibility of making treatment tion of an advertisement in the journal of a the FDA, reform proposals and the im- decisions with respect to individual patients, specific medical specialty society; or, in pact of these proposals. I have met the FDA’s role with respect to individual other cases, a ‘‘Dear Doctor’’ letter may be with groups representing all sides on treatment decisions based on peer reviewed appropriate. It should not be necessary for these issues—from the biotech industry articles and textbooks is advisory. In that manufacturers to keep a list of all providers to groups representing patients. I have advisory capacity the FDA will take steps to who receive information disseminated under tried to keep an open mind and work to this section, if the company is willing to no- make sure that the amount of information find acceptable solutions to the many given to the provider is useful, useable, and tify by letter or advertisement a larger in compliance with this section. This re- group of health care providers in order to im- problems pointed out by industry and quirement should not be read as requiring plement a corrective action. the patient groups. There appears to be the FDA to comment on each and every pro- PDUFA SIDELETTER a general mistrust among all inter- posed dissemination, rather this authority Ms. MIKULSKI. Madam President, I ested parties. As a result each side is will likely be used in the limited cir- would like to have the chairman’s un- concerned about going too far—indus- cumstances in which balance can not be fully derstanding of the letter to be sub- try is concerned about burdensome and met by the options listed above of appending mitted by the Secretary of Health and unnecessary regulation by FDA and other journal articles or data or analyses. the patients are concerned about effec- The intent is that the statement be limited Human Services concerning the per- to objective and scientific information and formance goals of the FDA in connec- tive regulation of the industry. It ap- not present an opportunity to editorialize tion with the reauthorization of the pears that this general mistrust is independently-derived scientific informa- Prescription Drug User Fee Act of 1997, based on past experiences and each side tion. The statement is intended to provide PDUFA. can give numerous examples.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9839 My objective was to revitalize the er one. Like you I have had the oppor- Senator JEFFORDS, the distinguished FDA to give it the regulatory flexi- tunity to meet with industry groups chairman of the Labor and Resources bility to effectively regulate the phar- here in Washington and with con- Committee, and Senator HUTCHINSON, maceutical and medical device indus- sumers, patients, and physicians both the distinguished Senator from Arkan- try without jeopardizing timely ap- here and at home in Vermont. All of sas, regarding a provision in S. 830 per- proval of safe and effective lifesaving these interested parties have made im- taining to the practice of pharmacy drugs and devices. At the same time, I portant points about how to modernize compounding. am well aware of the prominent public the agency while ensuring that its stel- Mr. JEFFORDS. I would be pleased health role played by the FDA—it is lar standard for public safety remain as to enter into such a colloquy with the after all, a public health agency, not a strong as ever. Though Vermont distinguished Senators from Massachu- drug or device manufacturer. My sup- doesn’t have any of these large indus- setts and Arkansas. port for real reforms by no means says tries regulated by the FDA, all of us Mr. KENNEDY. First, I want to com- that I did not support an aggressive use their products. The people and the mend my colleagues and their staffs for public health agency role for the FDA. patient advocates of Vermont have told Several weeks ago, I met directly me that more needs to be done to en- their efforts in the difficult task of with several biotech companies in the sure their timely access to the best drawing the line between drug manu- State of Washington. As I sat at the therapies available. I believe we have facturing and pharmacy compounding. table listening to their concerns I was accomplished that with this bill. Ordinary pharmacy compounding has struck by the amount of experience at I think that the Senator from Wash- been traditionally regulated by the the table and level of integrity that ington would agree that it’s important States, but drug manufacturing, even many of the companies are known for. to put aside once and for all that con- when conducted by State-licensed I am proud to represent these compa- sumers, patients, and physicians uni- pharmacists, is regulated under Fed- nies that are on the cutting edge of versally oppose this measure. Vermont eral law. Under current law, the Fed- medical technology and have contrib- patient groups and their members—and eral Food, Drug, and Cosmetic Act spe- uted significantly to improving health I’m sure you have heard from your con- cifically exempts from the inspection care for all Americans. I knew that stituents—have told me that they sup- and registration provisions of the act those companies would not market a port this effort to modernize the FDA. pharmacies that compound drugs for dangerous, life threatening drug or de- The Vermont Epilepsy Association, the sale in the regular course of dispensing vice; that none of these companies de- Vermont Medical Society, the Vermont or selling drugs at retail. However, liberately act to falsify clinical data or Association for the Deaf, the Vermont FDA and the courts that have ad- Board of Pharmacy, the Vermont Alli- would refuse to complete clinical dressed the matter interpret the act as ance for the Mentally Ill, and the Epi- trials. I knew that these companies not providing any general exemption lepsy Foundation of Vermont have all were more concerned with getting their from the new drug, adulteration, and urged passage of the measure. At the lifesaving technologies to patients misbranding provisions for drugs com- national level we have heard from in- than simply making a profit. They pounded by pharmacists. It is my un- numerable groups that support S. 830 know the value of one’s reputation and derstanding that section 809 of S. 830 and urge its passage. For example, the are truly proud of the lifesaving work would bring the legal status of National Health Council—which in- they have done. Sadly, however, not all compounding in line with FDA’s long- cludes the Arthritis Foundation, the standing enforcement policy of regu- companies have the same commitment National Multiple Sclerosis Society, to the patient’s health and are allow- lating only drug manufacturing, not and the Leukemia Society among its ordinary pharmacy compounding. This ing stockholders, not scientists, to over 100 member organizations—took make decisions. Because of this, I am legislation would, as I understand it, out a full-page advertisement in the exempt drugs compounded in phar- asking for the Chairman’s commitment Roll Call newspaper urging that the that the Senate Labor and Human Re- macies from the new drug, and certain Senate move forward with this legisla- other, provisions of the act, but the ex- sources Committee will retain a strong tion. and aggressive oversight role. emption would not create a loophole I agree with my colleague from that would allow unregulated drug We are making some sweeping and Washington and you can be assured some may argue dramatic changes in manufacturing to occur under the that if problems do arise, I would act guise of pharmacy compounding. the way the FDA operates. We need to quickly to address any threat to the be sure that these changes are positive public health. Simply because we are Mr. HUTCHINSON. As the sponsor of and that FDA has the resources and authorizing PDUFA for 5 years does the amendment that became section ability to remain an effective public not mean that we cannot change other 809 of S. 830, I concur with the distin- health agency. If we detect future prob- sections of the Food, Drug and Cos- guished ranking minority member of lems or conflicts, I need your commit- metic Act. It could also turn out that the Labor and Human Resources Com- ment and support for swift and thor- some of these reforms, like expanded mittee that this legislation would enough hearings. I need to know that we third party review for medical devices, sure patient access to individualized will continue to monitor the FDA, and will become such a success that the drug therapy, and prevent unnecessary if legislative revisions are necessary to FDA will want to extend the program FDA regulation of health professional protect the public health, we will act beyond the pilot phase. practice. This legislation would exempt with great speed. There is probably no Effective and aggressive oversight is pharmacy compounding from several other Member more hopeful that some one of the most important tools of the regulatory requirements but would not of these reforms will means that pa- Labor and Human Resources Com- exempt drug manufacturing from the tients get access to safe and effective mittee for making sure that the FDA act’s requirements. The legislation also drugs and devices sooner, but I also can keep pace with the rapid changes sets forth a number of conditions that know that we cannot forget the past. in medical technology and still be a would have to be met in order to qual- There are certainly many examples of public health agency that is the envy ify for the exemption from the act’s re- situations where the public health was of the world. I thank the Senator for quirements. I would note that the con- put into jeopardy by unscrupulous her commitment to working toward ditions established by section 809 pharmaceutical and medical device real reforms that strengthen the FDA should be used by the State boards of manufacturers. I need your assurances and the contributions she has made in pharmacy and medicine for proper reg- that if problems arise we will act to ad- crafting this bipartisan measure. ulation of pharmacy compounding in dress any potential threat to the public Mrs. MURRAY. I thank the Chair- addition to State-specific regulations. health. man for his support and commitment When a State board determines that Mr. JEFFORDS. I share the Sen- to a strong FDA and am grateful for certain compounding activities are ator’s goal of ensuring a strong FDA his leadership on this legislation. outside the parameters established in and believe the modernization and re- PHARMACY COMPOUNDING section 809, that State board should vitalization provisions included in S. Mr. KENNEDY. Madam President, I refer the practitioners in question to 830 make for a better FDA, not a weak- would like to engage my colleagues, the FDA for review.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9840 CONGRESSIONAL RECORD — SENATE September 24, 1997 Mr. KENNEDY. I thank the distin- Leonard’s doctor prescribed the drug launching of new products in this coun- guished Senator from Arkansas for de- regiment of 3TC, AZT, and Crixivan, try, as opposed to Europe, and ensures scribing the reasons why this section is which is also known as a triple cock- that the United States maintains its so important to patients and to the tail. A key drug in this mixture is the technical and scientific leadership in health professions. I want to especially protease inhibitor, Crixivan. Through health disciplines. commend his staff for working with PDUFA, Crixivan was made available As stewards of this generation, we mine to develop this legislation that to consumers within 3 months of its must move to strike the balance be- exempts from Federal law the activi- submission to the FDA. Shortly there- tween protecting the public health, fos- ties that are appropriately regulated after, Leonard began taking Crixivan. tering global trade under multilateral by the States. Thanks to the ‘‘triple cocktail,’’ the agreements, ensuring swift access to It is my understanding that some of virus is now below detectable levels. new health technology for Americans, the conditions are intended to ensure Although this is not a cure, it does pro- and strengthening the U.S. technical that the volume of compounding does vide Leonard hope—a more long-term and scientific leadership. S. 830 is a not approach that ordinarily associ- hope for the future. very good effort to balance those some- ated with drug manufacturing. Other Leonard is a member of the Gov- times competing goals. conditions appear to be intended to en- ernor’s task force on HIV/AIDS. He is First, the bill reauthorizes the Pre- sure that the compounded drugs that the only member who has HIV. As a scription Drug User Fee Act [PDUFA] qualify for the exemption have appro- member of the Task Force, he advo- for an additional 5 years. PDUFA has priate assurances of quality and safety cates for the rights of those who are been one the most successful pieces of since these compounded drugs would HIV infected—as well as those in the governmental reform legislation. Dur- not be subject to the more comprehen- community who are affected. ing the 5 years since we first passed sive regulatory requirements that Leonard has written, called, and even PDUFA, the average approval time for apply to manufactured drug products. traveled to my office in Washington, pharmaceutical products has dropped Mr. JEFFORDS. I believe the Sen- DC two times this year to urge my sup- ator is correct in his understanding. over 40 percent. There is still more port for this bill. Leonard provides tes- room for improvement. Many product Mr. DOMENICI. Madam President, I timonial for the importance of FDA re- rise in support of S. 830, the FDA Mod- reviews remain cumbersome, and appli- form, and especially PDUFA. cants at times do not have a clear indi- ernization Act. This bill provides com- Fortunately, patients afflicted with cation of the type of information nec- prehensive—and long overdue reform to AIDS as well as other life threatening essary for FDA review. the FDA. diseases have a ‘‘Leonard’’ advocating The primary focus of S. 830 is to for them. There are many other S. 830 also makes considerable streamline and strengthen the FDA’s Leonards both silent and vocal all progress in expediting patients access review and approval of lifesaving drugs across the country who will benefit to important new therapies and poten- and medical devices. One important from this bill. It is on their behalf that tially life-saving experimental treat- mechanism for doing this is the Pre- I urge my colleagues to support S. 830. ments. Just a few months ago, one of scription Drug User Fee Act [PDUFA]. Ms. MOSELEY-BRAUN. Madam my constituents encountered consider- PDUFA authorizes the FDA to use fees President, I support S. 830, the Food able bureaucratic red-tape in her effort collected from prescription drug manu- and Drug Administration Moderniza- to access a potentially life-saving facturers to expedite the FDA’s review tion and Accountability Act of 1997. I treatment for Hodgkin’s disease. Only of drugs. The fees collected go to hiring also want to commend Senators JEF- after countless appeals by my office new employees to increase the FDA’s FORDS and KENNEDY for their hard work and hundreds of my constituents did resources for reviewing new drugs. on this legislation, and the com- the FDA acquiesce. The troubling part With all of the advances in science promises that will ultimately improve of this incident was that the FDA had and medicine, we must ensure the swift the FDA and improve the public’s ac- approved the same treatment for other review of new drugs for life-threatening cess to cutting edge medical tech- patients several years prior. This is not diseases. When there are backlogs and to say that the people who work at the delays in drug approval, American lives nology. Despite recent improvements, I am FDA were not following their current can be lost. For example: guidelines. They were probably fol- The 7-year delay in the FDA’s even- concerned that the length of time and amount of paperwork required for FDA lowing the guidelines to the letter. But tual approval of beta blocker heart the spirit of the FDA’s mission was ut- medicines cost the lives of 119,000 approval of new products may still be excessive. For many companies desir- terly lost in the process. S. 830 makes Americans; and the much needed reforms. The FDA’s 31⁄2-year delay in approving to market new products, applica- ing the new drug Interleukin-2 (IL–2) tion to the FDA is a formidable obsta- Along the same lines, the bill also es- cost 25,000 Americans to die of kidney cle. In some cases, the length and com- tablishes a national registry of clinical cancer, even though the drug already plexity of the process can deter compa- trials. The primary impediment to pa- had been approved for use in nine other nies from even applying. This is a par- tients access to potentially life-saving countries. ticularly troubling prospect given the treatment is not the FDA but actually This bill is good because it will give increasing globalization of markets for a lack of knowledge about ongoing re- Americans access to lifesaving medica- health care products and food. search. A national database, which pation, without needless delay. The FDA cannot continue to protect tients can access, will greatly assist I would like to share with you the the public health through its tradi- people across the Nation who are story of one man from my home State tional methods. Most industrialized searching for hope for their illnesses. of New Mexico who would benefit from and emerging nations participate in This important reform is long overdue this bill. multilateral trade agreements that and absolutely necessary to continue Leonard Alderete is 39 years old and aim to reduce trade barriers. These providing Americans the best in med- has lived in Albuquerque, NM all of his agreements will continue to bring pres- ical treatment and technology. life. In 1987, Leonard was diagnosed sure on the FDA to harmonize its regu- Finally, the bill strikes an appro- HIV positive. Five years later, Leonard latory policies with other international priate balance between protecting the sought medical intervention because safety and performance standards. The public interests and allowing manufac- his condition worsened and he feared policies that have made the United turers to share important off-label use his life would end. Leonard began tak- States the ‘‘gold standard’’ in public information with providers. It would ing the standard AZT. In 1996, health protection must be reformed to have been a grave mistake to either Leonard’s health again took a down- function properly in this global econ- prevent the distribution of off-label use turn. Blood tests revealed that the omy. This does not mean that we can- information or not allow the FDA to virus had spread at an alarming rate not continue to be the gold standard. It play a vital role in ensuring the ade- through his system. In order to slow simply means that market forces will quacy of information being distributed the spread of the virus, Leonard needed bring pressure on the FDA to imple- by manufacturers. I know that a lot of an aggressive treatment. ment policies that encourage the work went into the compromise

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9841 reached regarding off-label usage infor- Mr. MCCONNELL. Madam President, use of investigational products, how- mation and the agreement greatly ben- in 1906, Congress approved the first na- ever, only a limited number of patients efits the American public. tional statute to prevent the sale of have benefited from these opportuni- I would like to congratulate the ar- adulterated and misbranded food and ties. This bill will enable any patient chitects of legislation including pa- drugs. Since then, the FDA’s responsi- with a seriously debilitating or imme- tient and industry groups who worked bility to protect the health and safety diately life-threatening condition to so hard to achieve balance. Patients of American consumers from unsafe gain access to an investigational drug groups are to be especially congratu- products has expanded to cover over or device if the request is made by a li- lated for their steadfast pursuit of this one-third of the products sold in our censed physician and the product’s use reform. Just 2 weeks ago, I met with Nation. meets the FDA’s standards for ex- some of my constituents who have While medical research and techno- panded access. S. 830 also improves pa- multiple sclerosis and amyotrophic lat- logical developments have revolution- tient access to new therapies through a eral sclerosis—also known as Lou ized our Nation’s capacity to advance new fast-track drug approval process. Gehrig’s disease. Their message was the public health, the FDA’s adherence Third, the bill addresses key defi- loud and clear—pass FDA reform now. to bureaucratic and inefficient prac- ciencies in the assessment of pharma- This is a resounding message that I tices threatens to undermine the po- ceutical effects on children. Currently, cannot ignore. tential benefit of these hard-earned in- there is no systematic means for test- Madam President, it is equally im- novations. In the 1950’s, it took a new ing drug safety and efficacy for pedi- portant to say that this legislation is drug or medical device approximately 8 atric use. S. 830 will allow the Sec- not meant as an attack on the efforts years or less to achieve FDA approval. retary to request pediatric clinical of the women and men who work at Today, the average time for approval trials for new drug applications and FDA. I have great respect for the role runs between 12 to 15 years. Over the provide an extra 6 months of market that the agency and its employees play course of 20 years, the FDA’s product exclusivity to manufacturers who vol- in protecting consumers from unsafe approval system has undergone careful untarily meet conditions under the and ineffective healthcare, food, and study by Congress, investigational trial program. cosmetic products. The FDA has taken committees, and the FDA itself, and Fourth, this measure will improve a number of steps over the last several the availability of health care econom- years to streamline administrative each has identified key areas of reform ics information for medical providers, functions and work better with indus- that would enhance FDA performance. This week, the U.S. Senate considers and create data bases about on-going try and consumers to facilitate the vital legislation to ensure that the research and clinical trials for new life- availability of cutting edge medical FDA can successfully fulfill its core saving therapies for patients. Access to technology. The success that FDA has mission to protect public health and clear, concise information will help achieved in reducing the time to re- safety through priority management, both health care professionals and pa- view new drugs and get potentially life- timely review of product applications, tients identify the best course of med- saving therapies on the market is laudable. The reviewers at FDA should take and effective use of expert resources. S. ical treatment available. Fifth, S. 830 contains a series of re- pride in these accomplishments. This 830, the Food and Drug Administration forms to assure that the FDA utilizes legislation simply builds on those re- Modernization and Accountability Act, the scientific expertise of qualified forms. reflects the fundamental recommenda- My support for S. 830 should not be tion of the Advisory Committee on the Federal agencies, like the National In- construed as a complete endorsement Food and Drug Administration that stitutes of Health, and accredited out- of the bill. This is not a perfect piece of the FDA ‘‘should be guided by the prin- side organizations in order to improve legislation. There are features that pa- ciple that expeditious approval of use- the timeliness and quality of product tient advocates, industry, and regu- ful and safe new products enhances the reviews. The bill also contains reforms lators simply do not support. Senator health of the American people.’’ The to ensure that the application process KENNEDY has done a good job of high- Advisory Committee noted that prod- for new products is governed by con- lighting some of the issues and there uct approval ‘‘can be as important as sistent and equitable regulatory re- have been a number of amendments ac- preventing the marketing of harmful quirements in the areas of product cepted that further improve the bill. or ineffective products, . . . especially classification, review, and approval. I am particularly concerned that the . . . for people with life-threatening ill- Sixth, this measure reaffirms the bill does not adequately address food nesses and for diseases for which alter- FDA’s accountability for the perform- safety, which will certainly emerge as native therapies have not been ap- ance of its Federal obligations. As a a major public health issue. Most of proved.’’ In other words, antiquated member of the Senate Appropriations the recent criticism of the FDA has fo- procedures that promote unnecessary Subcommittee for Agriculture, I have cused on the biologics and medical delays in the review of new products repeatedly questioned the FDA regard- technology areas. Regulation of im- and therapies fail to promote the pub- ing its failure to prioritize resources ported food products will probably be lic health. for the fulfillment of its statutory re- the pressing issue of the next millen- In recent weeks, misinformation requirements. In response to these con- nium. As more imported agricultural garding the purpose and application of cerns, S. 830 requires the FDA to de- products find their way to American S. 830 reforms has been disseminated. velop a clear plan outlining how it will tables, there will be more pressure As a supporter of S. 830 and a member comply with its obligations under Fed- upon FDA to act to prevent tainted of the Senate Committee on Labor and eral statute, and report to Congress an- products from getting to the market. Human Resources, I want to clarify the nually on the plan’s implementation. Nonetheless, reform is absolutely objectives of this important legislative In addition, the FDA must streamline necessary and S. 830 is a good start in initiative. and update procedures for product re- that direction. This bill represents a First, this bill clearly sets forth the view and inspection so its resources are full year of work by stakeholders FDA’s mission to protect the public applied cost effectively. aimed at reaching compromise legisla- health by ensuring products meet ap- Seventh, S. 830 contains targeted re- tion. The bill does not contain the dra- propriate regulatory standards, and to forms for food regulation. The bill sim- conian hammer provisions that made act promptly and efficiently in its re- plifies the approval process for indirect many of us reluctant to support FDA view of clinical research and other in- food contact substances. It provides a reform last year. I am happy to have a formation relevant to the marketing of more reasonable standard for the use of bill that I can support and that I truly approved products. bona fide health claims based on the believe moves the country in the right Second, S. 830 responds to increasing authoritative recommendations of direction. S. 830 is good for patients, public concern on the lack of access to qualified scientific bodies, such as the good for the industry, and good for the investigational products for patients National Institutes of Health and the Nation’s global competitiveness. I hope suffering from serious or life-threat- Centers for Disease Control and Pre- that my colleagues will join me in sup- ening diseases. The FDA has estab- vention. While food reforms take on a porting this important legislation. lished programs for the compassionate minor role in this bill, I look forward

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9842 CONGRESSIONAL RECORD — SENATE September 24, 1997 to working with my fellow members on tion of the Prescription Drug User Fee I look forward to working with my legislation that will more thoroughly Act, often referred to as PDUFA. colleagues to resolve the issue of the address the regulatory concerns of the PDUFA established an important part- FDA’s authority in the device approval food industry. nership between the agency and the in- process. And when this issue is re- Finally, S. 830 reauthorizes the Pre- dustry, and has successfully stream- solved, I am prepared to vote in favor scription Drug User Fee Act. In 1992, lined the drug approval process. of this bill. the FDA and pharmaceutical industry I am pleased that S. 830 will provide Mrs. BOXER. Madam President, I agreed to the collection of additive expedited access to investigational want to begin my remarks by acknowl- user fees to pay for the additional staff therapies. This provision builds on cur- edging the tremendous amount of work needed to rectify delays in the review rent FDA programs related to AIDS both Senator JEFFORDS and Senator of new drug applications. This reau- and cancer drugs. Another important KENNEDY have put into this bill. I know thorization proposal seeks to build element will allow designation of some there are a few issues where there is upon those successes through new per- drugs as fast track drugs, thus facili- still disagreement. I also realize that formance goals and equipment mod- tating development and expediting ap- some of my colleagues may be offering ernization plans. PDUFA serves as a proval of new drugs for the treatment amendments which they believe will clear example that the FDA can work of serious or life-threatening condi- strengthen the bill. with regulated industry and consumers tions. The bill will also require the On balance, however, I believe this is to advance the public health through Secretary of the Department of Health a good bill that will have a very posi- priority management and efficient use and Human Services to establish a tive impact on helping to streamline of resources. database on the status of clinical trials and expedite some of the FDA review Madam President, S. 830 has been relating to the treatment, detection, processes; and thus, help patients get formed brick by brick from inclusive, and prevention of serious or life-threat- access to new and promising treat- bipartisan negotiations by representa- ening diseases and conditions. Patients ments and devices in a safe, efficient, tives of the FDA, the Clinton adminis- have long deserved access to such in- and expeditious manner. There is no tration, the U.S. Senate, industry, and formation, and I am pleased that this agency within the Federal Government consumer groups. The purpose of this bill provides it. which has as direct or significant an bill is not to weaken the FDA’s ability S. 830 is the result of ongoing nego- impact on the American people as the to defend the public health, but rather tiations both prior to and subsequent Food and Drug Administration. to enhance its capacity to fulfill this to the markup of the legislation. The FDA is responsible for ensuring statutory obligation. Whether the issue Through this process, a number of pro- the foods that we eat are safe, whole- is food safety or a breakthrough med- visions that seriously threatened pub- some, sanitary, and properly labeled, ical treatment, our Nation’s research- lic health and safety were dropped or that the drugs that we take, and that ers will only be successful if the FDA is otherwise resolved. I am particularly we give our pets, are safe and effective prepared to effectively respond to the pleased that improvements made since and that there is a reasonable assur- quickening pace of scientific discovery. the markup include important protec- ance that the medical devices which we S. 830 lays this essential foundation for tions to the third party review process. use are safe and effective. I believe the the FDA’s future, and I urge my col- Important changes have also been FDA has done, and continues to do, a leagues to join in its approval. made to provisions regarding health tremendous job in carrying out this Mr. REED. Madam President, I rise claims for food products, health care mission—it is internationally recog- today to address S. 830, the Food and economic claims and a number of other nized as the gold standard for the ap- Drug Administration Modernization provisions in the original legislation. proval of medical products. and Accountability Act of 1997. This is Yet, there was one important change The most important aspect of any an important bill with serious implica- that was not made to S. 830. Yesterday, FDA reform bill must be public safety. tions for the health of the American along with Senators KENNEDY, BINGA- We have the safest food, drugs, and people. MAN, and DURBIN, I offered an amend- medical devices of any country in the The FDA is responsible for assuring ment that would make a change on de- world; and nothing we do should ever that the Nation’s food supply is pure vice labeling claims—an issue that has undermine this—period. and healthy as well as providing a been identified by the Secretary of I also believe, however, that rapid guarantee that drugs and medical de- HHS as worthy of a recommendation to technological advancements being vices are safe and effective. The FDA the President to veto this bill. Al- made by biotechnology companies, and has an immense impact on the lives of though our amendment did not prevail, others, necessitate, and allow for, an all Americans. Few government agen- I am still hopeful that this issue can be expeditious product review and ap- cies provide this kind of important pro- resolved as the bill continues through proval process. Obviously, this product tection for the American people. In- the legislative process. review and approval process must si- deed, the FDA’s mandate requires it to In effect, the bill limits the FDA’s multaneously assure safety and effi- regulate over one-third of our Nation’s current authority to ask device manu- cacy. Again, safety and efficacy should products. Daily, the FDA faces the facturers for safety data. It prohibits not be compromised. delicate balance between ensuring that the FDA from considering how a new Let me share with my colleagues an patients have swift access to new drugs device could be used if the manufac- example of the technological advances and devices, while guaranteeing that turer has not included that use in the being made by the biotechnology in- those new products are safe and effec- proposed labeling application. As a dustry. Affymax, a biotechnology com- tive. general matter, the FDA does not con- pany located in my home State of Cali- S. 830 contains many positive ele- sider uses that the manufacturer has fornia, has developed a technology to ments. It reauthorizes the important not included in its proposed labeling speed-up the analysis of drug and bio- Prescription Drug User Fee Act, one of materials. However, there are in- logical compounds. the most effective regulatory reforms stances when the label does not tell the Affymax is a leader in the emerging ever enacted. S. 830 also includes a whole story. It is these instances— field of combinatorial chemistry. number of provisions that will improve when the label is false or misleading— Combinatorial chemistry functions by and sensibly streamline the regulation that our amendment addressed. creating large numbers of diverse com- of prescription drugs, biologic prod- I am disappointed that we were not pounds to test against different disease ucts, and medical devices. I believe able to resolve this one issue, because targets. Affymax combines chem- that these important reforms to the the rest of the bill is worthy of sup- istries, sophisticated software and in- operation of the Food and Drug Admin- port. However, I am unable to support novative molecular biology techniques istration will increase its efficiency this bill today because the device label- to rapidly analyze and synthesize these and speed the delivery of important ing issue remains unresolved. This potentially useful drug and biological new medical treatments to patients. matter is too important to the health compounds. One of the most important elements and safety of Americans to vote for S. I know about this process because I of this legislation is the reauthoriza- 830 at this time. had the pleasure of seeing it when I

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9843 toured Affymax’s laboratories last communication and collaboration be- no treatment or cure. There are 3,000 to year. Affymax has greatly accelerated tween the FDA and device manufactur- 4,000 genetic diseases alone. Cancer the pace of drug discoveries by devel- ers. It is important that device manu- kills half a million Americans per year. oping high technology automated ma- facturers and FDA examiners, early on Diabetes afflicts 15 million Americans chines which can synthesize and screen in the review process, clearly establish a year, half of whom do not even know 10,000 compounds in just one week. The the type of scientific evidence that will they have it. Fifteen thousand Amer- same testing, previously done in test be necessary to demonstrate device ef- ican children die every year. And, for tubes and petri dishes, used to take fectiveness. Not only will this provi- children, the rates of asthma, bron- about 5 years. sion help bring about increased clarity chitis, sinusitis, heart murmurs, epi- These are the kinds of advancements and certainty in the review process, it lepsy, and anemia are on the rise. We which I believe make it necessary for will also help speed safe and effective put our faith in the medical industry the FDA to streamline its process, in devices to market. I believe this is es- and Government to find cures and those areas which can be streamlined, pecially important given the rapid therapies. Americans want an FDA so that patients may get safe and effec- technological advancements being that brings safe and effective drugs to tive products as expeditiously as pos- made in this area. market as quickly as possible to allevi- sible. There are literally hundreds of Finally, I want to thank Senators ate suffering, pain, and disease and to thousands of patients around the coun- GREGG and JEFFORDS for working with prevent death. try waiting for the next new and prom- me to ensure that California’s propo- The bulk of the bill before us today, ising drug therapy and/or device to be sition 65 will not be preempted by the a bill to accelerate the approval of pre- approved. uniformity provisions of this bill. Cali- scription drugs, biologics, and devices, There are, of course, other very im- fornia’s proposition 65 was passed by is an important bill to the Nation and portant aspects of this bill. Not the California voters in 1986 and requires especially to my State. It is a good bill, least of which is the reauthorization of that persons who expose others to cer- except for section 807, ‘‘National Uni- the Prescription Drug User Fee Act— tain levels of carcinogens or reproduc- formity’’, provisions that could inter- commonly referred to as PDUFA. tive toxins give a clear and reasonable fere with California’s efforts to protect PDUFA is generally considered the warning. the public health laws. most successful piece of FDA reform Proposition 65 has successfully re- CALIFORNIA’S ROLE legislation in recent history. It enables duced toxic contaminants in a number California is the Nation’s premier the FDA to collect user fees from phar- of consumer products sold in California medical technology base, public and maceutical and biotechnology compa- and it has even led the FDA to adopt private. Many of the Nation’s leading nies. Those fees are used to pay the sal- more stringent standards for some con- drug, biotech, and device companies aries of hundreds of additional product sumer products. For example, propo- collaborate with the State’s nine aca- reviewers and to fund product review. sition 65 has been used successfully to demic medical centers and conduct As a result, the FDA is able to speed-up reduce toxic contaminants in ceramic some of the world’s leading health re- its drug approval process and to more dishware and in lead-foil wine bottle search. The UC system has spawned 30 expeditiously get new and promising caps. Notably, the FDA followed the Nobel laureates. Forty percent of Cali- drug therapies, and medical devices, to lead of California in both those in- fornia’s biotech companies were start- those that need them. By all measures, PDUFA has been stances. In fact, the FDA has adopted a ed by UC scientists. The Nation’s largest concentration of enormously successful. One measure of standard completely barring the use of health care technology companies is in that success is the assertion by all par- lead-foil wine bottle caps pursuant to California who employ 165,000 people. ties involved—the FDA, patients, pre- California’s agreement with the wine California’s 900 health care technology scription drug manufacturers, con- industry to convert to tin or plastic sumer groups, and policymakers—that bottle caps. So I am very pleased that companies are producing leading edge the program has worked. Certainly any the FDA reform bill now being debated products, for example, the first new program that receives the unanimous will exempt California’s proposition 65. therapy for cystic fibrosis in 30 years, support of industry, consumer groups, As I stated at the outset, I believe, Genentech; technology that enables the FDA, and policymakers must be ex- on balance, this is a good bill and will doctors to do heart surgery without tremely beneficial and should continue be beneficial in helping to get safe and opening the chest cavity, Heartport; a to be supported. effective drugs and devices to the cancer drug that is genetically engi- This bill has other constructive ele- American people in a more expeditious neered and stimulates the bone marrow ments as well. For example, the bill al- manner. to produce important white blood cells, lows for expedited access to investiga- Mrs. FEINSTEIN. Madam President, Amgen; and linear accelerators for tional drug therapies and for the ex- S. 830, the bill before us today, will im- treating cancer, Varian, and intra- panded humanitarian use of devices. prove the tools used by the Federal ocular eye lenses, Allergan. The bill also provides an incentive for Food and Drug Administration to bring California produces 19 percent of all drug manufacturers to conduct studies more, safe and effective drugs, bio- U.S. medical instruments, 20 percent of which support the safety and effective- logics and medical devices to the all diagnostic materials, and 13 percent ness of pediatric drugs and it provides American people more quickly. of all biologics. There are 915 drugs, for expanded collaboration and commu- FDA is one of our Government’s most biologics, and devices under develop- nication between the FDA and device important agencies because FDA ap- ment in my State. manufacturers. proves life-saving medicines and de- So the bill before us is important to The pediatric drug provision in this vices and FDA protects us from unsafe both the human health and the eco- bill is especially important inasmuch and ineffective medicines and devices. nomic health of the Nation and of Cali- as the overwhelming number of drugs Thanks to FDA, products like defective fornia. on the market today are not tested for heart pacemakers, dangerous intra- KEY PROVISIONS safety and effectiveness on children. It uterine devices, and overheating infant The bill includes several improve- is important, therefore, that we pro- incubators are not sold. ments over current law that will bring vide drug manufacturers an incentive FDA’s 2,100 scientists and 7,000 other more drugs, medical devices, and to test their products on children. employees monitor about $1 trillion biotech products to people more quick- I believe this provision, which gives worth of products each year, inspect ly: drug manufacturers an additional 6 over 15,000 facilities a year, and exam- 1. Extends User Fees: Extends for 5 months of market exclusivity, is a rea- ine about 80,000 product samples. FDA years the Prescription Drug User Fee sonable and appropriate incentive, and finds about 3,000 products a year unfit Act to accelerate drug and biologics will be a first step toward getting more for consumers and detains 30,000 im- approvals. The prescription drug user drugs labeled for pediatric use. A very ports a year at ports of entry. fees, enacted in 1992, have enabled FDA important and significant goal. HOPE FOR CURES FOR DISEASES to hire 600 additional drug reviewers I am also excited about the provision Millions of Americans have serious, and FDA has cut drug approval times in this bill which allows for expanded debilitating illnesses for which there is almost in half, from 29.2 months in 1992

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9844 CONGRESSIONAL RECORD — SENATE September 24, 1997 to 15.5 months in 1996, according to the PREEMPTING CALIFORNIA’S PUBLIC HEALTH acted in 1986 on a 63 to 37 percent vote drug industry. This means that pa- LAWS which requires anyone exposing some- tients have had access to drugs almost California has a long history of regu- one to chemicals known to cause can- a year sooner. These include a new lating nonprescription drugs and cos- cer or birth defects to give a warning. class of drugs for asthma; a new treat- metics and has led the Nation in many Attorney General Lungren wrote on ment for multiple sclerosis; five new instances in protecting the public in July 14 to Senator JEFFORDS, ‘‘S. 830 cancer drugs; the first new insulin these areas. For example, in 1981, Cali- [as reported from the Labor Com- product in 14 years; and three new fornia adopted a requirement that non- mittee] would, in the absence of spe- antiviral medicines for AIDS, including prescription drugs carry a label warn- cific FDA exemption, appear to prevent two protease inhibitors. ing pregnant or nursing women to con- the State of California from enforcing This bill reflects the agreement of sult with their physician or pharmacist both the Sherman Food, Drug and Cos- the drug and biotech industries to pay prior to using a drug. In the following metic Law as well as Proposition 65, a over $500 million in new user fees over year, FDA adopted the California restate ‘Right to Know’ statute, passed the next 5 years, which could bring to quirement. by the voters of California in 1986. * * * the public 1,000 medicines now in the But section 807 of the bill, titled ‘‘Na- We therefore respectfully urge you to pipeline. These renewed user fees could tional Uniformity,’’ restricts States’ seek modification of your bill to ad- help FDA cut drug approval times even actions by prohibiting States from es- dress this issue.’’ more, an additional 10 to 16 months. tablishing or continuing, for non- Proposition 65 has provided impor- 2. Clinical Trials Database (the Fein- prescription drugs, any requirement tant protections to the public and has stein-Snowe bill): Requires NIH to es- that is ‘‘different from or in addition to prompted manufacturers to reformu- tablish a database, including a 1–800 or that is otherwise not identical with’’ late products. Because of this law, for number, for patients and medical pro- a Federal requirement. For cosmetics, example, manufacturers removed tol- viders to obtain information on clin- Section 807 prohibits states from estab- uene from nail polish, lead from ant- ical trials on serious and life-threat- lishing or continuing requirements for acids, and calcium supplements and ening diseases. This provision incor- packaging and labeling that are ‘‘dif- leadfoil from wine bottles. I am pleased porates S. 87, a bill I introduced with ferent from or in addition to or that is that the Senate agreed with my re- otherwise not identical with’’ a Federal quest to explicitly exempt proposition Senator SNOWE, last August, was suggested by one of my constituents in a requirement. 65, preserving this important California California Attorney General Lun- hearing of the Senate Cancer Coalition, law, and I thank my colleagues for gren, in a July 14 letter, cites the Sher- which I co-chair. Facilitating access to their support. man Food, Drug, and Cosmetic Law as I believe it is wrong to preempt Cali- information can help patients and their an example. He argues, ‘‘* * * we are fornia’s progressive drug and cosmetic doctors learn about research underway concerned that this provision may be laws. The citizens of my State have and can expand the pool of research construed to preempt States from im- chosen to safeguard the public health participants. posing any requirements on cosmetics through a strong State law and I have 4. Pediatric Drugs: Provides 6 months or over-the-counter drugs, and could worked to protect our State’s laws in of additional market exclusivity of a therefore prevent the State of Cali- this bill. drug when the manufacturer, at the re- fornia from enforcing significant laws CONCLUSION quest of the FDA, conducts pediatric dealing with the health and safety of By extending prescription drug user studies to support pediatric labeling its citizens in the absence of a specific fees, we can give FDA some of the re- for a drug. FDA exemption.’’ sources it needs to bring products to According to the American Academy The California Department of Health the public and alleviate human suf- of Pediatrics, only 20 percent of drugs Services has also raised concerns about fering. I hope that this bill can move have been tested and proven to be safe the preemption language, concern quickly to enactment so that the pub- and effective for use in infants and about the bill’s impact on their ability lic will have a strong FDA. children. This creates serious problems to protect the public health. I believe Mr. WELLSTONE. Madam President, for pediatricians who must prescribe in allowing States to enact stronger I take this opportunity to thank my with inadequate information or deny laws to protect the health of citizens colleagues for all of the hard work that children important therapies. In a July and introduced an amendment on Sep- they have done on S. 830, the FDA Mod- 24 letter to me, they give the example tember 15 to allow California’s laws to ernization and Improvement Act of of asthma and say that in most chil- stand. 1997. Senator JEFFORDS has provided dren it manifests itself by age five, but I appreciate the colloquy of my col- his leadership in bringing this legisla- there is only one asthma drug labeled league and the bill manager, Senator tion forward, and my other colleagues for children under age five. JEFFORDS, that clarifies the extent of have worked to negotiate agreement on 5. Accelerating Approvals: The bill preemption intended by the authors of provisions where there was concern. I includes a number of provisions de- the bill. Senator JEFFORDS clarified would like to thank Senator COATS, signed to modernize, streamline, and that it is not the intent of this bill to who was true to his word that he would accelerate the drug and device ap- prohibit the state from issuing public work with us to come to an agreement proval process. For example, it allows statements to warn the public about on third party issues, and Senator products manufactured at a small or public health dangers. He said that it is GREGG, who worked to reach a com- pilot facility to demonstrate safety and not the intent of the bill to preempt promise on the national uniformity efficacy prior to scaling up to full man- State enforcement authority such as provision. ufacturing, unless FDA determines California’s power to embargo products It is my belief that we can provide that a full-scale facility is necessary to and to license and annually inspect fa- medical products to consumers in a ensure safety and effectiveness. cilities. On advertising, he stated that more timely manner through many of For biotech products, it establishes it is not the intent of the bill to affect the provisions in this bill, while retain- one license, rather than the current State laws that prohibit false and mising significant consumer protections. two, covering both the biologics or leading advertising or to prohibit un- Many of the provisions in S. 830 will product license and the plant’s manu- substantiated claims for nonprescrip- take a significant step toward address- facturing processes license . For med- tion drugs. My office will remain in ing Americans’ concerns with the FDA. ical devices it requires FDA to meet communication with the State to de- The legislation would improve the pre- with manufacturers to establish the termine if problems develop and work dictability, timeliness and focus of the type of scientific data needed to dem- with Senators JEFFORDS and KENNEDY regulatory process for medical prod- onstrate efficacy of the device and it in this regard. ucts. The legislation would also im- requires FDA and the applicant to The bill does include, at my request, prove communication and collabora- meet to evaluate the status of an appli- an explicit protection—an exemption tion between the FDA and the regu- cation 100 days after submitting appli- from preemption—for California’s lated industries. I strongly endorse the cations. ‘‘Proposition 65,’’ a ballot initiative en- view that these objectives can be met

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9845 and unnecessary regulatory burdens of legislation. It is clearly important their states under S. 830. They particularly can be minimized without compro- that we reauthorize and improve criticize the exemption procedure in S. 830. mising the quality of the reviews. PDUFA, and that we work to bring safe The exemption provision enables a state to My colleagues and I have worked petition FDA to depart from the single uni- and effective medical therapies to the form national standard for an OTC drug. The very hard on bringing forward needed public in a timely manner. Again, I preparation and submission of an exemption reform proposals with respect to the would like to thank my colleagues, es- petition will not be a very burdensome or ex- review and approval of medical devices. pecially Senator JEFFORDS and Senator pensive process, and FDA can be expected to We have negotiated many of the origi- KENNEDY and their staff members for rule on such petitions promptly. Moreover, nal provisions in the bill to the point all of their efforts on this bill. I would the three requirements for exemption from that we have reached agreement on also like to thank the consumer groups uniformity for a state are logical. If the public interest represented by the state proposal them, and can join together in sup- for their input, and the administration porting them. We have taken into con- is already protected, there is no need for a for its assistance in the negotiations state exemption to protect it. As interstate sideration the comments and concerns process. I trust that the conferees will products, OTC drugs could not and should of consumers and industry in order to keep the importance of this bill in not violate other applicable federal laws. present a bill that will improve the remind as they negotiate to bring the The prohibition against unduly burdening view and approval processes. final legislation to the floor for pas- interstate commerce simply requires a sen- As you know, I have always been and sible balancing of competing interests. sage. will continue to be a strong consumer The authors also claim that states would Mr. JEFFORDS. I ask unanimous advocate. I think that S. 830 provides be prohibited from taking action on their consent that a letter from the Non- many things for consumers and will own even where there are compelling local prescription Drug Manufacturers Asso- conditions. They argue that states are ex- help to bring them medical therapies ciation to Senator LOTT be printed in pected to address compelling local condi- that are safe and effective in a more tions and that the Constitution already pro- timely fashion. This is especially true the RECORD. There being no objection, the mate- hibits state laws that unduly burden state with respect to devices. This is the part commerce. Therefore, they argue that the of the bill on which I have focused the rial was ordered to be printed in the preemption provision of S. 830 is unneeded, bulk of my attention, and I do think RECORD, as follows: and that states should not be required to pe- that a large number of concerns that I NONPRESCRIPTION DRUG tition FDA for exemptions from preemption. The authors’ premises are flawed. States and some of my colleagues, in par- MANUFACTURERS ASSOCIATION, Washington, DC, September 15, 1997. are not limited to laws that address ‘‘com- ticular Senator KENNEDY, had have Hon. TRENT LOTT pelling’’ local conditions. They have broad been addressed. U.S. Senate, Washington, DC. police powers to enact laws that deal with There has been a great deal of discus- DEAR SENATOR LOTT: In a letter to you any legitimate issue. Moreover, they can sion and debate about section 404 of the dated September 4, the National Governors’ pass laws that affect not just local condi- bill, which deals with labeling for in- Association (NGA), National Conference of tions but regional and national ones as well. tended use of devices. This issue is State Legislatures (NCSL) and Association When analyzed under the ‘‘dormant’’ Com- highly technical, but it is clear that all of State and Territorial Health Officials merce Clause, state laws enjoy a presump- of us have the same goals in mind: (ASTHO) stated their opposition to the nation of validity, and they will not be invali- tional uniformity provision (§ 761) in S. 830, dated unless they impose burdens on inter- First, to provide a degree of consist- state commerce that are clearly excessive in ency in the way devices are reviewed the Prescription Drug User Fee Act (PDUFA) and FDA modernization legislation. Unfortu- comparison to their benefits. This is a very by individual reviewers, so that review- nately, their letter contained several incor- different test from the one embodied in the ers do not try to second guess an hon- rect and misleading statements concerning national uniformity provision of S. 830 for est manufacturer with respect to the nonprescription, over-the-counter (OTC) OTC drugs. intended use of a device, and second, to medicines and the application of the na- A state law that does address a compelling prevent the very few companies who tional uniformity provision. In order to set local condition and does not unduly burden the record straight on this important issue, interstate commerce would be eligible for might try to avoid presenting the FDA FDA consideration of an exemption petition. I offer the following comments. with adequate data about safety and ef- Many state laws, however, will not meet fectiveness from having their devices 1. NATIONAL UNIFORMITY FOR OTC DRUGS WILL such a test and therefore should not be per- classified and brought to market under PROTECT THE PUBLIC HEALTH AND SAFETY mitted to stand. The only way to distinguish the 510(k) process. I do not believe that One national, uniform system of regulation one type of law from the other is to establish the provision in this bill prohibits the for OTC drugs protects the interests of all an exemption petition procedure. The peti- FDA from exercising its authority to American consumers. There is simply no dif- tion process would not be expected to be bur- not find a device substantially equiva- ference in the safety, effectiveness, and prop- densome, as described above. er labeling of OTC drugs from one state to Apart from the exemption procedure from lent to its predicate device when there another. An OTC drug that is safe, effective, preemption in S. 830, states would retain full are technological differences that raise and properly labeled for a consumer in Lou- authority to take action in emergency and new issues of safety and effectiveness. isiana is safe, effective, and properly labeled (non-emergency) situations involving OTC But obviously, there are differences of for a consumer in Massachusetts, and vice drugs as follows: First, the bill would not af- opinion with respect to this provision. versa. fect the right of a state to take action imme- Since we all agree on the goals that we Allowing states to establish a patchwork diately, without consultation with FDA, to are trying to achieve, I think that of different requirements for OTC drugs deal with an authentic local emergency in- makes no sense. It would even be detri- volving a nonprescription drug, such as out- there must be a way of clarifying the break of an abuse problem. If there is a true authority of the FDA in a way that is mental, resulting, for example, in confusion as consumers are confronted with different local emergency, as the authors acknowl- satisfactory to everyone. labels for the very same OTC drug obtained edge, the state could take immediate action The Reed-Kennedy amendment of- in different states. Moreover, non-uniform to place a nonprescription drug on prescrip- fered one option, but this option is not laws for OTCs would drive up consumer ex- tion status until the problem abates: And as the appropriate one. Several other sug- pense through the costs of different and in- noted below, some states have done that in gestions for language to clarify this consistent state requirements for testing, la- the case of ephedrine-containing OTC drug have been offered, but none capture beling, and packaging, and through disrup- products. Second, the bill would prevent the states what we are all trying to do. Rather tion of the distribution for products required to meet as many as 50 disparate state sys- from undertaking unilateral action, again than reiterate all of the arguments without consultation with the FDA, to issue that were stated in the debate over the tems. The authors assert that there is no evi- their own public statements in the form of past several days, I will ask that my dence that shows a need to preempt state health department releases, public service colleagues who are appointed as con- laws regulating OTC drugs. Attachment A announcements, or other public education ferees work together to ensure that lists several examples of state proposals, campaigns to alert state consumers about its this provision is worded to make clear which, if enacted, would have disrupted na- concerns about an OTC drug. The bill would simply prevent the states from imposing 50 that it will penalize anyone who tries tional uniformity. different notification requirements on the to get around the law, but will not pe- 2. IMPORTANT STATE INTERESTS WOULD BE OTC maker, whether in labeling, packaging nalize those who are complying with FULLY PROTECTED UNDER S. 830 or other form of public communication, the intent of Congress and the law. The authors mistakenly say that states which would disrupt the longstanding na- Madam President, as I have said be- would be prevented from effectively address- tional system of review and marketing for fore, I think this is an important piece ing compelling OTC drug problems unique to nonprescription drugs.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9846 CONGRESSIONAL RECORD — SENATE September 24, 1997 Third, the bill would not prevent the states would be preempted by the national provi- states? Most OTC drugs are relatively small from utilizing their enforcement authority sion of S. 830, because they are not laws enu- products, and thus have very limited label to take immediate action against an OTC merated in the section 807 of the bill (Sec. space. drug that was adulterated, misbranded, or 761(a)(1)(B)). OTC drug labels contain much FDA re- otherwise out of compliance with laws that 6. ALL OTC DRUGS ARE SUBJECT TO THE SAME quired information essential to their safe are the same as federal laws. EXACTING FDA SAFETY, EFFECTIVENESS AND and proper use; therefore state-by-state pro- Fourth, as recognized by the authors, the LABELING REQUIREMENTS posals requiring additional label information states can also require an OTC drug to be The authors make an unfounded and obscure FDA-mandated warnings. Such pro- dispensed only by prescription. alarmist assertion that as more medications posals must be viewed in the context of the 3. STATES CAN PETITION FOR ADOPTION OF are switched from prescription to OTC sta- available label space. FDA makes these judg- THEIR IDEAS AS THE NATIONAL UNIFORM tus, consumers, especially the elderly and ments recognizing the need for judicious use STANDARD youth, are placed at greater risk. All non- of scarce label space. Examples of these The authors comment that FDA lacks ade- prescription drugs, whether brought to mar- state-by-state proposed requirements in- quate resources to act and states must be ket by being switched from prescription sta- clude: permitted to provide ‘‘important protec- tus, or marketed as OTC drugs from the out- Conflicting proposed legislation in various tions’’ FDA is unable to provide. This is spe- set, are subject to the same high and exact- states that would require—(1) the word ‘‘poi- cious. FDA has not failed to act in any case ing standards for safety, effectiveness, and son’’ along with antidote, (2) a ‘‘Mr. Yuk’’ in the OTC area where action was otherwise labeling. Indeed, nonprescription drugs are symbol affixed to the label, (3) a special poi- warranted, on the basis of resources. FDA required to have an especially wide margin son warning including a dark green back- regulation of OTC drugs under the OTC Re- of safety precisely because they are intended ground, and (4) a black ‘‘X’’—each of these view, for example, is unrivaled in the world to be purchased and used by consumers with- different state proposals seek to address the as the most comprehensive system of safety, out the intervention of a doctor. same problem of childhood poisonings; label disclaimers that the elderly should disregard effectiveness, and labeling review of its kind 7. NATIONAL UNIFORMITY IS SUPPORTED BY label dosages and consult a physician before ever undertaken. Similarly, FDA is cur- MANY STATE AND NATIONAL ORGANIZATIONS taking any OTC drug, despite an absence of rently embarked upon a mammoth program AND SEVERAL FORMER FDA COMMISSIONERS to completely overhaul and standardize the any scientific evidence that drug absorption Support for national uniformity of OTC or metabolism is connected to turning 65 format and content of all OTC drug labels. medicines is widespread and continues to The authors’ argument also ignores the years old; label disclosure that a certain grow. Over 90 organizations including the product was tested on animals in its develop- fundamental policy embodied in the national American Medical Association, National uniformity provision—that FDA is a na- ment, even though the FDA may require ani- Consumers League, United Seniors Health mal testing of the drug prior to its use in hu- tional expert agency that should set national Cooperative, as well as several state phar- standards. The states remain laboratories of mans; label warnings that a product is un- macy, medical and retail organizations are suitable for disposal on land or in water; one good ideas, which FDA can adopt as national in favor of one, uniform system of regulation standards or allow to take effect locally if state’s attempt to require extensive label for these important products. In addition, cautions on fluoride-containing toothpastes they qualify for an exemption. But there is four former FDA Commissioners support this no constitutional or policy reason to prefer that fluoride is an enzymatic and proto- provision. (See Attachment B.) plasmic poison 15 times more poisonous than 50 mini-FDAs over a singly national one. Thank you for considering our views on The bill would preserve the states right to arsenic; and initiatives or legislation in ten this important subject. We urge you to con- states that would have required special label petition the FDA to adopt a state proposal tinue your support for national uniformity as the uniform national standard for OTC warnings that certain ingredients may be for OTC medicines. carcinogens, even where the FDA has re- drugs. If a state believes it has an innovative Sincerely, idea for protection of the nation’s OTC drug viewed the drug and determined that it is JAMES D. COPE. safe and effective at the levels that the in- consumers as a whole that is superior to pro- President. tection provided by FDA, it can petition gredient is used in that product. These states Attachments: (A) Examples of State Pro- would reject the FDA’s careful risk/benefit FDA to adopt the idea as the national stand- posals That Would Disrupt National Uni- ard. That way, potential improvements in analysis of medications in favor of scaring formity; (B) Organizations Supporting Na- consumers even where only trace quantities the OTC regulatory system can be evaluated tional Uniformity. by all interested parties against the back- of the substance are present. ground of the overall FDA regulatory pro- ATTACHMENT A One can easily understand the confusion to gram for OTC drugs. If FDA concludes that EXAMPLES OF STATE PROPOSALS THAT WOULD consumers that would result if these warn- the state’s proposal is the right one, then it DISRUPT NATIONAL UNIFORMITY ings showed up on products in one state but can adopt it as the national standard. The authors state that there is no evidence not on the same identical product destined for another state. If any of the above ideas 4. STATES WOULD NOT BE PREEMPTED IN REGU- that there is a need for pre-exemption of are good ones, they should be considered by LATION OF DIETARY SUPPLEMENTS OR OTHER state laws that seek to regulate OTC drug FDA; receive comments from the public, the KINDS OF FOODS packaging and labeling. That quite simply is states, and the industry; and if they are de- The authors mistakenly assume that die- not true!. Here are just a few examples of state proposals that would, if enacted, dis- termined to be sound public policy, they tary supplement state regulation and other should be made national requirements. health food regulation would be affected by rupt national uniformity. First, in 1993 alone, three states proposed There is absolutely a need for national uni- preemption. Neither dietary supplements nor to require bittering agents in certain OTC formity to prevent such state proposals from foods of any kind, including dietary supple- medicines sold in those states to deter child- disrupting commerce and confusing con- ments or health foods containing ephedrine, hood poisonings and overdoses. These state sumers. would be covered by the OTC drug preemp- bills received consideration despite the fed- tion provision of S. 830. Thus, none of the ATTACHMENT B eral CPSC’s rejection of bittering agents state laws cited by the authors in Louisiana, ORGANIZATIONS SUPPORTING NATIONAL under the Poison Prevention Packaging Act New York, Michigan, Maryland, Vermont, UNIFORMITY in favor of child resistant packaging and Washington, or Minnesota, would be pre- consumer education to address the problem. American Association of Colleges of Phar- empted by S. 830 because there is no preemp- Second, in the 1990s, at least fifteen state macy; American Beauty Association; Amer- tion of food laws. legislatures have considered legislation to ican Medical Association; American Society 5. STATES WOULD NOT BE PREEMPTED FROM require ‘‘environmentally-friendly pack- of Health-System Pharmacists; Area Agen- REGULATING OTC DRUGS OTHER THAN WITH aging’’ of OTC drugs, that would mandate cies on Aging Association of Michigan; Ari- RESPECT TO THE FEDERAL LAWS GOVERNING certain recycled content levels and plastic zona Retailers Association; Associated Food OTCS THAT ARE SPECIFICALLY ENUMERATED resins. These proposals would have conflicted Dealers of Michigan; Association of Com- IN S. 830 with FDA’s safety requirements that certain merce and Industry of New Mexico; Cali- With respect to ephedrine-containing OTC drugs be packaged only in ‘‘virgin’’ materials fornia Arthritis Foundation Council; Cali- drug products, contrary to the authors’ to prevent adulteration of the drugs. In some fornia Chapters of the National Association statements, no state has imposed any label- cases, these various proposals would conflict of Pediatric Nurse Associates & Practi- ing or packing restrictions on these products with each other as well. tioners; California Coalition of Hispanic Or- different from or beyond those imposed by Third, numerous states have proposed to ganizations; Central Ohio Retail Grocers As- the FDA. Some states have taken action on require certain language and label warnings sociation; Chain Drug Marketing Associa- some OTC ephedrine products to place cer- on OTC drugs that add additional, incon- tion, Inc.; Citizens for the ‘‘Right to Know’’; tain products on a controlled substance sistent and confusing precautions to these and Congress of California Seniors. schedule, to place ephedrine on prescription labels, in addition to the lengthy and com- Congress of California Seniors—Los Ange- status, to limit access to adults, and to pro- prehensive labeling requirements imposed by les; Connecticut State Medical Society; Flor- hibit possession of large quantities of the the FDA. Where would this extra room on ida Medical Association; Food Marketing In- drug with intent to make methamphet- OTC labels come from to accommodate all stitute; Generic Pharmaceutical Industry amine. None of these state laws or actions the suggestions that would be imposed by 50 Association; Giant Food, Inc.; Gulf Coast

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9847 Grocers Association (Texas); Health Advo- Madam President, I suggest the ab- Finance Committee. The House Parlia- cacy Services (California); Independent Cos- sence of a quorum. mentarian made the very same ruling metic Manufacturers & Distributors, Inc.; In- The PRESIDING OFFICER. The when he referred the House companion diana Manufacturers Association; Indiana clerk will call the roll. to S. 326 to the House Natural Re- Retail Council; Industry and Commerce As- sociation of South Dakota; Interamerican The bill clerk proceeded to call the sources Committee rather than the College of Physicians and Surgeons; Iowa Re- roll. Ways and Means Committee. tail Federal, Inc.; and Maryland Association Mr. JEFFORDS. Madam President, I I find it perplexing that anybody of Chain Drug Stores. ask unanimous consent that the order could argue that the amendment that Maryland Retailers Association; Medical for the quorum call be rescinded. Senator GREGG and I offered to the In- Society of the State of New York; Medical The PRESIDING OFFICER. Without terior appropriations bill could pos- Society of Virginia; Michigan Chamber of objection, it is so ordered. sibly constitute a tax. However, even if Commerce; Michigan Distributors and Vend- that were the case, it ought to be noted ers Association, Inc.; Michigan State Med- Mr. JEFFORDS. Madam President, I ical Society; Minnesota Chamber of Com- yield 6 minutes to the Senator from that the Interior appropriations bill merce; Minnesota Grocers Association; Min- Arkansas. originated in the House of Representa- nesota Retail Merchants Association; Mis- f tives in accordance with the origina- sissippi Wholesale Distributors Association; tion clause of the Constitution. It does Missouri Grocers Association; Missouri Re- CONSTITUTIONALITY OF MINING not matter that the amendment was tailers Association; Missouri State Medical AMENDMENT offered in the Senate as long as the bill Association; National Association of Chain Mr. BUMPERS. Madam President, I originated in the House. In Flint v. Drug Stores; and National Association of rise today because I believe the Senate Stone Tracy Company, 220 U.S. 107 (1911), Manufacturers. National Coalition of Hispanic Health and set a terrible precedent last Thursday the Supreme Court ruled that legisla- Human Services; National Community Phar- when it voted to uphold a point of tion which created the tax on corpora- macists Association; National Consumers order that was made against an amend- tions complied with the origination League; National Council on the Aging; Na- ment that Senator GREGG and I offered clause even though the corporate tax tional Hispanic Council on Aging; National to H.R. 2107, the Interior appropria- was proposed by the Senate as a sub- Retail Federation; National Wholesale Drug- tions bill. This amendment proposed to stitute to an inheritance tax that was gists’ Association; New Hampshire Medical collect the royalty from hardrock min- included in the bill as reported by the Society; New Mexico Pharmaceutical Asso- ciation; Nonprescription Drug Manufacturers ing operations on public land and a rec- House. Association; North Carolina Retail Mer- lamation fee from hardrock mining op- The fact that H.R. 2107 was reported chants Association; Ohio Council of Retail erations on land that was patented pur- by the Appropriations Committee rath- Merchants; Ohio Grocers Association; Ohio suant to the 1872 mining law. The reer than the Finance Committee is not Wholesale Druggists Association; and Penn- ceipts collected from the royalty and relevant. The Senate has in the past sylvania Association of Chain Drug Stores, reclamation fee would have been depos- added an amendment which modified Inc. ited in a trust fund to be used to re- the Tax Code to an appropriations bill. Philadelphia Association of Retail Drug- For example, in 1982 the Senate added gists; Philadelphia College of Pharmacy; Re- claim abandoned hardrock mines in the tail Merchants Association of New Hamp- West. a provision to the supplemental appro- shire; Retailers Association of Massachu- Opponents of my amendment, in an priations bill which limited the avail- setts; Robbie Vierra-Lambert Spinal Cord attempt to prevent Senators from ability of certain tax deductions for Organization for Regaining Excellence; Safe- going on record in support of an effort Members of Congress. ty & Health Council of New Hampshire; to make the mining industry help pay Madam President, Senate rules do Safeway, Inc.; Senior Medication Awareness for the environmental disasters it has not permit the Parliamentarian to rule & Training Coalition, Sickle Cell Disease As- created, raised a point of order arguing when a point of order is made against sociation of America, Inc.; South Dakota an amendment on constitutional Pharmacists Association; Tennessee Associa- that the reclamation fee constituted a tion of Business; Tennessee Grocers Associa- tax proposed by the Senate and thus grounds. If the Parliamentarian had tion; Texas Association of Business & Cham- the amendment violated the origina- been able to rule, the point of order bers of Commerce; Texas Food Industry As- tion clause of the Constitution; that is, would not have even been made and the sociation; and The 60 Plus Association. that all revenue measures must origi- decision would not have been close. In- United Seniors Association; United Seniors nate in the House. Unfortunately, the stead, the point of order was made with Health Cooperative; United States Hispanic Senate voted to uphold the point of the knowledge that Senators would be Chamber of Commerce; Ukrop’s; Vermont order even though the amendment was able to defeat the Bumpers-Gregg Board of Pharmacy; Vermont Chamber of amendment without actually going on Commerce; Vermont Grocers Association; not even close to being unconstitu- Vermont Medical Society; Virginia Chamber tional. record in support of allowing mining of Commerce; Virginia Manufacturers Asso- The Supreme Court has held on nu- companies to continue acquiring bil- ciation; Virginia Pharmacists Association; merous occasions that while a tax pro- lions of dollars worth of minerals from Virginia Retail Merchants Association; vision may not originate in the Senate, the taxpayers of this country without Washington Retailers Association’s Retail a governmental fee can. ‘‘A statute compensation and leaving those same Pharmacy Council; Washington State Med- that creates a particular governmental taxpayers with environmental disas- ical Association; White House Conference on ters to clean up. Small Business, New Jersey Delegation; Wis- program and that raises revenue to support that program, as opposed to a Mr. President, I yield the floor. consin Grocers Association, Inc.; and Wis- Mr. JEFFORDS. Mr. President, I sug- consin Manufacturers and Commerce. statute that raises revenue to support government generally, it is not a ‘bill gest the absence of a quorum. FORMER FDA COMMISSIONERS SUPPORTING The PRESIDING OFFICER (Mr. NATIONAL UNIFORMITY for raising revenue’ within the mean- DEWINE). The clerk will call the roll. ing of the origination clause.’’ That is Charles C. Edwards, M.D.; Arthur Hull The bill clerk proceeded to call the Hayes, Jr., M.D.; Donald Kennedy, Ph.D.; and confirmed in United States versus roll. Herbert Ley, Jr., M.D. Munoz-Florez. My amendment would Mr. JEFFORDS. Madam President, have imposed a royalty and a fee in f we are nearing the end of the debate. I order to directly fund the reclamation FOOD AND DRUG ADMINISTRATION have no more requests for time that I of abandoned hardrock mines. It was MODERNIZATION AND ACCOUNT- am aware of. So I will make some com- not intended to raise revenues for the ABILITY ACT OF 1997 ments and then go into a quorum call. Treasury. The Senate continued with the con- But I want to alert Senators that if I In fact, Madam President, the Parlia- sideration of the bill. do not have a request within the next mentarian has already ruled that the Mr. KENNEDY. Mr. President, I ask 10 minutes, it is my intention to yield reclamation fee provision does not con- unanimous consent that the order for back the remainder of my time, assum- stitute a tax when the Parliamentarian the quorum call be rescinded. ing the minority would do the same referred S. 326, which includes the very The PRESIDING OFFICER. Without thing, so that we can expedite the proc- same reclamation fee proposal that I objection, it is so ordered. ess and the movement of legislation had, to the Senate Energy and Natural Mr. KENNEDY. How much time re- through the Senate. Resources Committee rather than the mains, Mr. President?

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9848 CONGRESSIONAL RECORD — SENATE September 24, 1997 The PRESIDING OFFICER. The Sen- EXECUTIVE OFFICE OF THE PRESI- I ask unanimous consent that it be in ator from Massachusetts has 7 min- DENT, OFFICE OF MANAGEMENT order to consider amendment No. 1184, AND BUDGET, utes. as modified, with changes that are at Washington, DC, September 24, 1997. the desk; further, that the amendment Mr. KENNEDY. Mr. President, I yield STATEMENT OF ADMINISTRATION POLICY be agreed to, and the motion to recon- myself 3 minutes. (This statement has been coordinated by sider be laid upon the table. Just a short while ago, we heard OMB with the concerned agencies.) I’m sorry, Mr. President, I withdraw some comments on the floor about how S. 830—FDA MODERNIZATION AND that request at this moment. ACCOUNTABILITY ACT OF 1997 this whole process has taken a long pe- The PRESIDING OFFICER. It is (Senator Jeffords (R) VT) riod of time. It has taken a period of withdrawn. The Administration applauds the Senate Mr. JEFFORDS. Mr. President, first time. But I think one can see from any for its bipartisan effort to improve S. 830 of all, I thank the ranking member for fair review of the history of the legisla- since it was reported by the Senate Com- his help on this bill. We agree on 19 out mittee on Labor and Human Resources, and tion that very substantial progress has of 20 provisions. His steadfast and ar- been made in making this a better bill. appreciates the Senate’s responsiveness to concerns that have been raised. Because of ticulate objection to the 20th, relative As I pointed out earlier in the debate, the importance of obtaining a five-year ex- to section 404, has been done sincerely of the 20 major health safety issues tension of the Prescription Drug User Fee and very well done on that issue. I be- identified by the administration, 19 Act (PDUFA), the Administration has no ob- lieve that we have a good bill, but we have been addressed, not only in our jection to passage of the bill by the Senate remain open to suggestions, as always, committee markup, but also in the neat this time. However, the Administration as to how the bill can be improved. I finds that the provisions identified below are am extremely pleased that the Senate gotiations that we had prior to the unacceptable and as the legislative process time of the legislation coming to the continues, will work to ensure that our re- has overwhelmingly approved S. 830 yesterday. I believe this is an impor- floor. There is the one remaining item, maining concerns are resolved. tant step forward for ensuring a which deals with safety and medical In general, this legislation represents a significant step toward accomplishing our stronger and more efficient FDA. devices. It is extremely important. We mutual goal of assuring the agency’s opti- Throughout this process, we have had have given focus to this issue because mum performance while protecting the the benefit of input from all interested it deserves the focus that we have health of the American public. The Adminis- parties on how best to modernize the given it. tration, however, continues to have two Agency, while ensuring that its stellar major concerns with the bill. Mr. President, I have in my hand the First, section 404 of the bill would lower standard for public safety remains as statement of the administration pol- the review standard for marketing approval strong as ever. I am extremely proud of the strong support of this legislation icy. It indicates that it has two major by precluding the Food and Drug Adminis- tration (FDA) from reviewing new medical expressed by the health community. concerns with the bill. One is the tech- devices for uses other than those for which For instance, the National Health nical provision with regard to the the manufacturer says they are intended. Council, a coalition of over 100 health budget agreement and how they are Second, the PDUFA trigger as proposed in S. and patient organizations, has urged going to allocate to PDUFA, which is a 830 undercuts the bipartisan budget agree- the Senate to move forward with this technical issue. But the other issue ment (BBA) by requiring budget increases for FDA not envisioned by the BBA, and legislation. We have also received sup- mentioned by the administration is would interfere with HHS’ ability to allocate port from physician groups, including this particular provision: resources appropriately throughout the De- the American Medical Association and partment. the American Academy of Pediatrics. First, section 404 of the bill would lower In order to be able to support the final bill, We must remember that drugs and the review standard for marketing approval the Administration will continue to work medical devices delayed at the FDA are by precluding the FDA from reviewing med- with the House of Representatives and in often lives lost. When cardiac ical devices for uses other than those for conference to resolve these and other identi- defibrillators were first developed in fied issues. which the manufacturer says they are in- the late 1980’s, they brought new hope tended. Mr. KENNEDY. We hope that we can and opportunity to many of the 350,000 The administration indicates, as they be convincing as this legislation goes Americans who would otherwise suffer forward. We have not been convincing did in the letter in September, as they sudden cardiac death each year. here on the floor. We hope provisions But the first version of this tech- did in June, that this particular provi- can be accepted that will make 404 ac- sion is dangerous in terms of the con- nology required opening the chest and ceptable in terms of the public health separating the ribs to apply this tech- sumers in this country. issues. I want to express my sincere ap- nology to the heart. This procedure We have reviewed, over the course of preciation to the chairman of the com- carried a 4.2 percent mortality rate. the debate, the dangerous situations mittee, Senator JEFFORDS, who has Improvements to this defibrillator that have been the result of medical been a chairman’s chair. He is strong technology were widely available in device disasters. We are committed to in his belief. He is a fighter for the Europe two years before patients could things that he champions. He has been avoiding that kind of disaster in the fu- benefit in this country. The new tech- willing to accommodate differing nology did not require cracking the pa- ture. We have a good safety record at views. He protects his strong posture the present time, but we are endan- tients chest, but only a small incision and positions on his own views, and I to allow the technology to be threaded gering that record with section 404. We respect that. I thank the other Mem- through a vein into the heart. noted that virtually every consumer bers of this body for their courtesy dur- During this unnecessary 2-year delay, group supports changing section 404. It ing the course of what I know has been it is estimated that 1,056 Americans is enormously important. It goes to the a continuing discussion and debate on died from complications related to the fundamental question of providing a very important measure. I thank all more invasive technique. Delay does FDA with the power and authority to of our Members for their courtesy and cost lives. pursue the protections of the American consideration as we move toward a And far from allowing dangerous health in the area of medical devices. vote on this legislation. I thank my products on the market as Senator chairman. KENNEDY has alleged, section 404 of this Mr. President, I ask unanimous con- At the time when the Senator from bill keeps intact FDA’s authority to in- sent that the statement of the adminis- Vermont is prepared to yield back his vestigate technological issues which tration policy supporting our position time, I will be prepared to do so like- raise new safety and effectiveness ques- regarding 404 be printed in the RECORD. wise and move to our vote. tions, does not limit FDA’s enforce- There being no objection, the mate- UNANIMOUS-CONSENT REQUEST ment authority, and does not touch rial was ordered to be printed in the Mr. JEFFORDS. Mr. President, first, FDA’s regulations which require that I have a unanimous-consent request, medical device applications be truthful RECORD, as follows: which has been cleared on both sides. and not omit any material facts.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9849 Section 404 does quite appropriately The amendment (No. 1184), as modi- with the Secretary regarding the regulation keep FDA out of regulating the prac- fied, was agreed to, as follows: of drugs that are compounded in the State tice of medicine. That is important and Strike section 809 and insert the following: and are distributed outside of the State, that provides for appropriate investigation by the we should fight to protect the intent of SEC. 809. APPLICATION OF FEDERAL LAW TO THE State agency of complaints relating to com- this provision. PRACTICE OF PHARMACY COMPOUNDING. pounded products distributed outside of the Patients will also benefit from other State. provisions of the bill including the reg- Section 503 (21 U.S.C. 353) is amended by adding at the end the following: ‘‘(2)(A) The Secretary shall, after consulta- istry of clinical trials, fast-track ap- ‘‘(h)(1) Sections 501(a)(2)(B), 502(f)(1), 502(l), tion with the National Association of Boards proval for drugs treating life-threat- 505, and 507 shall not apply to a drug product of Pharmacy, develop a standard memo- ening diseases, expanded access to in- if— randum of understanding for use by States in vestigational therapies, and the incen- ‘‘(A) the drug product is compounded for complying with paragraph (1)(B)(vi). tives established to investigate pedi- an identified individual patient, based on a ‘‘(B) Paragraph (1)(B)(vi) shall not apply to atric uses of drugs. medical need for a compounded product— a licensed pharmacist or licensed physician, ‘‘(i) by a licensed pharmacist in a State li- who does not distribute inordinate amounts I want to thank the patient, con- of compounded products outside of the State, sumer, and physician groups, and all censed pharmacy or a Federal facility, or a licensed physician, on the prescription order until— the others we have worked with, for ‘‘(i) the date that is 180 days after the de- their commitment to working toward of a licensed physician or other licensed practitioner authorized by State law to pre- velopment of the standard memorandum of real reforms that strengthen the FDA scribe drugs; or understanding; or and the contributions they have made ‘‘(ii) by a licensed pharmacist or licensed ‘‘(ii) the date on which the State agency in crafting this bipartisan measure. physician in limited quantities, prior to the enters into a memorandum of understanding Mr. President, how much time do I receipt of a valid prescription order for the under paragraph (1)(B)(vi), whichever occurs first. have left? identified individual patient, and is com- ‘‘(3) The Secretary, after consultation with pounded based on a history of the licensed The PRESIDING OFFICER. The Sen- the United States Pharmacopeia Convention pharmacist or licensed physician receiving ator from Vermont has 9 minutes re- Incorporated, shall promulgate regulations valid prescription orders for the maining. limiting compounding under paragraph compounding of the drug product that have Mr. JEFFORDS. I yield 2 minutes to (1)(B)(i)(I)(bb) to drug substances that are been generated solely within an established the Senator from Florida. components of drug products approved by relationship between the licensed phar- The PRESIDING OFFICER. The Sen- the Secretary and to other drug substances macist, or licensed physician, and— ator from Florida is recognized. as the Secretary may identify. Mr. MACK. Mr. President, I thank ‘‘(I) the individual patient for whom the ‘‘(4) The provisions of paragraph (1) shall prescription order will be provided; or Senator JEFFORDS for yielding. not apply— ‘‘(II) the physician or other licensed practi- ‘‘(A) to compounded positron emission to- First of all, I want to commend him tioner who will write such prescription for a tremendous amount of work. This mography drugs as defined in section 201(ii); order; and or is an incredibly complicated piece of ‘‘(B) the licensed pharmacist or licensed ‘‘(B) to radiopharmaceuticals. legislation. It has involved a lot of dif- physician— ‘‘(5) In this subsection, the term ‘com- ferent interest groups in some issues ‘‘(i) compounds the drug product using pound’ does not include to mix, reconstitute, that have become very charged. bulk drug substances— or perform another similar act, in accord- So I again want to thank the Senator ‘‘(I) that— ance with directions contained in approved from Vermont for his willingness to ‘‘(aa) comply with the standards of an ap- drug labeling provided by a drug manufac- plicable United States Pharmacopeia or Na- work with Senator FRIST and I as we turer and other drug manufacturer direc- tional Formulary monograph; or tions consistent with that labeling.’’. worked on the so-called off-label issue. ‘‘(bb) in a case in which such a monograph I also want to express my apprecia- does not exist, are drug substances that are Mr. JEFFORDS. Mr. President, I ask tion to Senator KENNEDY. He had some covered by regulations issued by the Sec- unanimous consent that Senator ABRA- deep concerns about the legislation, retary under paragraph (3); HAM be added as a cosponsor of S. 830. and as a result of extensive discussions ‘‘(II) that are manufactured by an estab- The PRESIDING OFFICER. Without we were able to find a compromise. I lishment that is registered under section 510 objection, it is so ordered. think it was one of the reasons that (including a foreign establishment that is Mr. JEFFORDS. Mr. President, if the this bill was able to move forward. registered under section 510(i)); and minority is ready and will yield all re- ‘‘(III) that are accompanied by valid cer- So I thank Senator JEFFORDS and maining time, I will yield mine. tificates of analysis for each bulk drug sub- It is my understanding the minority Senator KENNEDY. And I also want to stance; put in a comment with respect to Mark ‘‘(ii) compounds the drug product using in- will yield this time. I yield the remain- Smith, my staffer who has worked on gredients (other than bulk drug substances) der of my time. this issue for more than some 21⁄2 years. that comply with the standards of an appli- The PRESIDING OFFICER. Without Again, I thank Senator JEFFORDS for cable United States Pharmacopeia or Na- objection, the minority time is yielded. what he has done. tional Formulary monograph and the United Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. I thank the Senator States Pharmacopeia chapter on pharmacy unanimous consent that the adminis- for his comments, and I want to praise compounding; tration policy that was received as a him for his efforts with respect to off- ‘‘(iii) only advertises or promotes the message be printed in the RECORD. compounding service provided by the li- label. This is an incredibly important I thank them for bringing it to our censed pharmacist or licensed physician and attention at this time. amendment that Senator MACK and does not advertise or promote the Senator FRIST have worked out with compounding of any particular drug, class of There being no objection, the mate- the FDA and the minority. That is drug, or type of drug; rial was ordered to be printed in the going to give a great deal of assistance ‘‘(iv) does not compound a drug product RECORD, as follows: to people in this country who are in that appears on a list published by the Sec- EXECUTIVE OFFICE OF THE PRESI- need of help in straightening out a rel- retary in the Federal Register of drug prod- DENT, OFFICE OF MANAGEMENT, atively difficult area with such precise- ucts that have been withdrawn or removed AND BUDGET, from the market because such drug products ness. The Senator from Florida did a Washington, DC, September 24, 1997. or components of such drug products have STATEMENT OF ADMINISTRATION POLICY good job. been found to be unsafe or not effective; (THIS STATEMENT HAS BEEN COORDINATED BY AMENDMENT NO. 1184, AS MODIFIED ‘‘(v) does not compound a drug product OMB WITH THE CONCERNED AGENCIES.) Mr. President, I ask unanimous con- that is identified by the Secretary in regula- sent that it be in order to consider tion as presenting demonstrable difficulties S. 830—FDA Modernization and Accountability Act of 1997 amendment No. 1184, as modified, with for compounding that reasonably dem- changes that are at the desk; further, onstrate an adverse effect on the safety or (Sen. Jeffords (R) VT) that the amendment be agreed to, and effectiveness of that drug product; and The Administration applauds the Senate ‘‘(vi) does not distribute compounded drugs for its bipartisan effort to improve S. 830 the motion to reconsider be laid upon outside of the State in which the drugs are since it was reported by the Senate Com- the table. compounded, unless the principal State mittee on Labor and Human Resources, and The PRESIDING OFFICER. Is there agency of jurisdiction that regulates the appreciates the Senate’s responsiveness to objection? Without objection, it is so practice of pharmacy in such State has en- concerns that have been raised. Because of ordered. tered into a memorandum of understanding the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9850 CONGRESSIONAL RECORD — SENATE September 24, 1997 importance of obtaining a five-year exten- Murray Sarbanes Thomas Sec. 608. Pilot and small-scale manufacture. sion of the Prescription Drug User Fee Act Nickles Sessions Thompson Sec. 609. Requirements for radiopharma- (PDUFA), the Administration has no objec- Reid Shelby Thurmond ceuticals. Robb Smith (NH) Torricelli Sec. 610. Modernization of regulation of bio- tion to passage of the bill by the Senate at Roberts Smith (OR) this time. However, the Administration finds Warner logical products. Rockefeller Snowe Wellstone that the provisions identified below are un- Sec. 611. Approval of supplemental applica- Roth Specter Wyden acceptable and as the legislative process con- Santorum Stevens tions for approved products. tinues, will work to ensure that our remain- Sec. 612. Health care economic information. NAYS—2 ing concerns are resolved. Sec. 613. Expediting study and approval of In general, this legislation represents a Kennedy Reed fast track drugs. significant step toward accomplishing our The bill (S. 830), as amended, was Sec. 614. Manufacturing changes for drugs and biologics. mutual goal of assuring the agency’s opti- passed, as follows: mum performance while protecting the Sec. 615. Data requirements for drugs and health of the American public. The Adminis- S. 830 biologics. tration, however, continues to have two Be it enacted by the Senate and House of Rep- Sec. 616. Food contact substances. major concerns with the bill. resentatives of the United States of America in Sec. 617. Health claims for food products. First, section 404 of the bill would lower Congress assembled, Sec. 618. Pediatric studies marketing exclu- the review standard for marketing approval SECTION 1. SHORT TITLE. sivity. Sec. 619. Positron emission tomography. by precluding the Food and Drug Adminis- This Act may be cited as the ‘‘Food and Sec. 620. Disclosure. tration (FDA) from reviewing new medical Drug Administration Modernization and Ac- Sec. 621. Referral statements relating to devices for uses other than those for which countability Act of 1997’’. food nutrients. the manufacturer says they are intended. SEC. 2. TABLE OF CONTENTS. TITLE VII—FEES RELATING TO DRUGS Second, the PDUFA trigger as proposed in S. The table of contents for this Act is as fol- 830 undercuts the bipartisan budget agree- lows: Sec. 701. Short title. ment (BBA) by requiring budget increases Sec. 702. Findings. Sec. 1. Short title. for FDA not envisioned by the BBA, and Sec. 703. Definitions. Sec. 2. Table of contents. would interfere with HHS’ ability to allocate Sec. 704. Authority to assess and use drug Sec. 3. References. resources appropriately throughout the De- fees. partment. TITLE I—IMPROVING PATIENT ACCESS Sec. 705. Annual reports. In order to be able to support the final bill, Sec. 101. Mission of the Food and Drug Ad- Sec. 706. Effective date. the Administration will continue to work ministration. Sec. 707. Termination of effectiveness. with the House of Representatives and in Sec. 102. Expanded access to investigational TITLE VIII—MISCELLANEOUS conference to resolve these and other identi- therapies. Sec. 801. Registration of foreign establish- fied issues. Sec. 103. Expanded humanitarian use of de- ments. Mr. JEFFORDS. Mr. President, I ask vices. Sec. 802. Elimination of certain labeling re- for the yeas and nays. TITLE II—INCREASING ACCESS TO quirements. EXPERTISE AND RESOURCES Sec. 803. Clarification of seizure authority. The PRESIDING OFFICER. Is there a Sec. 804. Intramural research training award sufficient second? Sec. 201. Interagency collaboration. Sec. 202. Sense of the committee regarding program. There is a sufficient second. mutual recognition agreements Sec. 805. Device samples. Sec. 806. Interstate commerce. The yeas and nays were ordered. and global harmonization ef- Sec. 807. National uniformity for non- The PRESIDING OFFICER. The forts. prescription drugs and cos- question is on the engrossment and Sec. 203. Contracts for expert review. metics. Sec. 204. Accredited-party reviews. third reading of the bill. Sec. 808. Information program on clinical Sec. 205. Device performance standards. The bill was ordered to be engrossed trials for serious or life-threat- for a third reading, and was read the TITLE III—IMPROVING COLLABORATION ening diseases. third time. AND COMMUNICATION Sec. 809. Application of Federal law to the The PRESIDING OFFICER. The bill Sec. 301. Collaborative determinations of de- practice of pharmacy having been read the third time, the vice data requirements. compounding. question is, Shall it pass? On this ques- Sec. 302. Collaborative review process. Sec. 810. Reports of postmarketing approval studies. tion, the yeas and nays have been or- TITLE IV—IMPROVING CERTAINTY AND CLARITY OF RULES Sec. 811. Information exchange. dered, and the clerk will call the roll. Sec. 812. Reauthorization of clinical phar- The assistant legislative clerk called Sec. 401. Policy statements. macology program. the roll. Sec. 402. Product classification. Sec. 813. Monograph for sunburn products. Sec. 403. Use of data relating to premarket Sec. 814. Safety report disclaimers. The PRESIDING OFFICER (Mr. approval. SANTORUM). Are there any other Sen- Sec. 404. Consideration of labeling claims for SEC. 3. REFERENCES. ators in the Chamber who desire to product review. Except as otherwise expressly provided, vote? Sec. 405. Certainty of review timeframes. wherever in this Act an amendment or repeal The result was announced—yeas 98, Sec. 406. Limitations on initial classifica- is expressed in terms of an amendment to, or repeal of, a section or other provision, the nays 2, as follows: tion determinations. Sec. 407. Clarification with respect to a gen- reference shall be considered to be made to a [Rollcall Vote No. 256 Leg.] eral use and specific use of a de- section or other provision of the Federal YEAS—98 vice. Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). Abraham D’Amato Hutchinson Sec. 408. Clarification of the number of re- Akaka Daschle Hutchison quired clinical investigations TITLE I—IMPROVING PATIENT ACCESS Allard DeWine Inhofe for approval. SEC. 101. MISSION OF THE FOOD AND DRUG AD- Ashcroft Dodd Inouye Sec. 409. Prohibited acts. MINISTRATION. Baucus Domenici Jeffords Bennett Dorgan Johnson TITLE V—IMPROVING ACCOUNTABILITY Section 903 (21 U.S.C. 393) is amended— (1) by redesignating subsections (b) and (c) Biden Durbin Kempthorne Sec. 501. Agency plan for statutory compli- as subsections (c) and (d), respectively; and Bingaman Enzi Kerrey ance and annual report. Bond Faircloth Kerry (2) by inserting after subsection (a) the fol- Boxer Feingold Kohl TITLE VI—BETTER ALLOCATION OF lowing: Breaux Feinstein Kyl RESOURCES BY SETTING PRIORITIES ‘‘(b) MISSION.— Brownback Ford Landrieu Sec. 601. Minor modifications. ‘‘(1) IN GENERAL.—The Secretary, acting Bryan Frist Lautenberg Bumpers Glenn Leahy Sec. 602. Environmental impact review. through the Commissioner, and in consulta- Burns Gorton Levin Sec. 603. Exemption of certain classes of de- tion, as determined appropriate by the Sec- Byrd Graham Lieberman vices from premarket notifica- retary, with experts in science, medicine, Campbell Gramm Lott tion requirement. and public health, and in cooperation with Chafee Grams Lugar Sec. 604. Evaluation of automatic class III consumers, users, manufacturers, importers, Cleland Grassley Mack designation. packers, distributors, and retailers of regu- Coats Gregg McCain Sec. 605. Secretary’s discretion to track de- lated products, shall protect the public Cochran Hagel McConnell Collins Harkin Mikulski vices. health by taking actions that help ensure Conrad Hatch Moseley-Braun Sec. 606. Secretary’s discretion to conduct that— Coverdell Helms Moynihan postmarket surveillance. ‘‘(A) foods are safe, wholesome, sanitary, Craig Hollings Murkowski Sec. 607. Reporting. and properly labeled;

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9851 ‘‘(B) human and veterinary drugs, includ- device to be made available for expanded ac- (A) in subparagraph (B), by inserting after ing biologics, are safe and effective; cess under a treatment investigational new ‘‘(2)(A)’’ the following: ‘‘, unless a physician ‘‘(C) there is reasonable assurance of safety drug application or investigational device determines that waiting for such an approval and effectiveness of devices intended for exemption (as the terms are described in reg- from an institutional review committee will human use; ulations prescribed by the Secretary) if the cause harm or death to a patient, and makes ‘‘(D) cosmetics are safe; and Secretary determines that— a good faith effort to obtain the approval, ‘‘(E) public health and safety are protected ‘‘(1) under the treatment investigational and does not receive a timely response from from electronic product radiation. new drug application or investigational dean institutional review committee on the re- ‘‘(2) SPECIAL RULES.—The Secretary, acting vice exemption, the investigational drug or quest of the physician for approval to use the through the Commissioner, shall promptly investigational device is intended for use in device for such treatment or diagnosis’’; and and efficiently review clinical research and the diagnosis, monitoring, or treatment of a (B) by adding at the end the following flush take appropriate action on the marketing of serious or immediately life-threatening dis- sentences: regulated products in a manner that does not ease or condition; ‘‘In a case in which a physician described in unduly impede innovation or product avail- ‘‘(2) there is no comparable or satisfactory subparagraph (B) uses a device without an ability. The Secretary, acting through the alternative therapy available to diagnose, approval from an institutional review com- Commissioner, shall participate with other monitor, or treat that stage of disease or mittee, the physician shall, after the use of countries to reduce the burden of regulation, condition in the population of patients to the device, notify the chairperson of the in- to harmonize regulatory requirements, and which the investigational drug or investiga- stitutional review committee of such use. to achieve appropriate reciprocal arrange- tional device is intended to be administered; Such notification shall include the identi- ments with other countries.’’. ‘‘(3)(A) the investigational drug or inves- fication of the patient involved, the date on SEC. 102. EXPANDED ACCESS TO INVESTIGA- tigational device is under investigation in a which the device was used, and the reason TIONAL THERAPIES. controlled clinical trial for the use described for the use.’’; and Chapter V (21 U.S.C. 351 et seq.) is amended in paragraph (1) under an effective investiga- (3) by striking paragraph (5) and inserting by adding at the end the following: tional new drug application or investiga- the following: ‘‘Subchapter D—Unapproved Therapies and tional device exemption; and ‘‘(5) The Secretary may require a person Diagnostics ‘‘(B) all clinical trials necessary for ap- granted an exemption under paragraph (2) to proval of that use of the investigational drug ‘‘SEC. 551. EXPANDED ACCESS TO UNAPPROVED demonstrate continued compliance with the THERAPIES AND DIAGNOSTICS. or investigational device have been com- requirements of this subsection if the Sec- pleted; ‘‘(a) EMERGENCY SITUATIONS.—The Sec- retary believes such demonstration to be retary may, under appropriate conditions de- ‘‘(4) the sponsor of the controlled clinical necessary to protect the public health or if termined by the Secretary, authorize the trials is actively pursuing marketing ap- the Secretary has reason to believe that the shipment of investigational drugs (including proval of the investigational drug or inves- criteria for the exemption are no longer investigational biological products), or in- tigational device for the use described in met.’’. vestigational devices, (as defined in regula- paragraph (1) with due diligence; TITLE II—INCREASING ACCESS TO tions prescribed by the Secretary) for the di- ‘‘(5) the provision of the investigational EXPERTISE AND RESOURCES agnosis, monitoring, or treatment of a seri- drug or investigational device will not interfere with the enrollment of patients in ongo- SEC. 201. INTERAGENCY COLLABORATION. ous disease or condition in emergency situa- Section 903(b) (21 U.S.C. 393(b)), as added by ing clinical investigations under section tions. section 101(2), is amended by adding at the 505(i) or 520(g); ‘‘(b) INDIVIDUAL PATIENT ACCESS TO INVES- end the following: ‘‘(6) in the case of serious diseases, there is TIGATIONAL PRODUCTS INTENDED FOR SERIOUS ‘‘(3) INTERAGENCY COLLABORATION.—The sufficient evidence of safety and effective- DISEASES.—Any person, acting through a Secretary shall implement programs and ness to support the use described in para- physician licensed in accordance with State policies that will foster collaboration be- graph (1); and law, may request from a manufacturer or tween the Administration, the National In- ‘‘(7) in the case of immediately life-threat- distributor, and any manufacturer or dis- stitutes of Health, and other science-based ening diseases, the available scientific evi- tributor may provide to such physician after Federal agencies, to enhance the scientific dence, taken as a whole, provides a reason- compliance with the provisions of this sub- and technical expertise available to the Sec- able basis to conclude that the product may section, an investigational drug (including retary in the conduct of the duties of the be effective for its intended use and would an investigational biological product), or in- Secretary with respect to the development, not expose patients to an unreasonable and vestigational device, (as defined in regula- clinical investigation, evaluation, and significant risk of illness or injury. tions prescribed by the Secretary) for the di- postmarket monitoring of emerging medical agnosis, monitoring, or treatment of a seri- A protocol submitted under this subsection therapies, including complementary thera- ous disease or condition if— shall be subject to the provisions of section pies, and advances in nutrition and food ‘‘(1) the licensed physician determines that 505(i) or 520(g) and regulations promulgated science.’’. under section 505(i) or 520(g). The Secretary the person has no comparable or satisfactory SEC. 202. SENSE OF THE COMMITTEE REGARDING alternative therapy available to diagnose, may inform national, State, and local med- MUTUAL RECOGNITION AGREE- monitor, or treat the disease or condition in- ical associations and societies, voluntary MENTS AND GLOBAL HARMONI- volved, and that the risk to the person from health associations, and other appropriate ZATION EFFORTS. the investigational drug or investigational persons about the availability of an inves- It is the sense of the Committee on Labor device is not greater than the risk from the tigational drug or investigational device and Human Resources of the Senate that— disease or condition; under expanded access protocols submitted (1) the Secretary of Health and Human ‘‘(2) the Secretary determines that there is under this subsection. The information pro- Services should support the Office of the sufficient evidence of safety and effective- vided by the Secretary, in accordance with United States Trade Representative, in con- ness to support the use of the investigational the preceding sentence, shall be of the same sultation with the Secretary of Commerce, drug or investigational device in the case de- type of information that is required by sec- in efforts to move toward the acceptance of scribed in paragraph (1); tion 402(j)(3). mutual recognition agreements relating to ‘‘(3) the Secretary determines that provi- ‘‘(d) TERMINATION.—The Secretary may, at the regulation of drugs, biological products, sion of the investigational drug or investiga- any time, with respect to a person, manufac- devices, foods, food additives, and color additional device will not interfere with the ini- turer, or distributor described in this sec- tives, and the regulation of good manufac- tiation, conduct, or completion of clinical tion, terminate expanded access provided turing practices, between the European investigations to support marketing ap- under this section for an investigational Union and the United States; proval; and drug (including an investigational biological (2) the Secretary of Health and Human ‘‘(4) the product sponsor, or clinical inves- product) or investigational device if the re- Services should regularly participate in tigator, of the investigational drug or inves- quirements under this section are no longer meetings with representatives of other for- tigational device submits to the Secretary a met.’’. eign governments to discuss and reach agree- clinical protocol consistent with the provi- SEC. 103. EXPANDED HUMANITARIAN USE OF DE- ment on methods and approaches to har- sions of section 505(i) or 520(g) and any regu- VICES. monize regulatory requirements; and lations promulgated under section 505(i) or Section 520(m) (21 U.S.C. 360j(m)) is amend- (3) the Office of International Relations of 520(g) describing the use of investigational ed— the Department of Health and Human Serv- drugs or investigational devices in a single (1) in paragraph (2), by adding at the end ices (as established under section 803 of the patient or a small group of patients. the following flush sentences: Federal Food, Drug, and Cosmetic Act (21 ‘‘(c) TREATMENT INDS/IDES.—Upon submis- ‘‘The request shall be in the form of an appli- U.S.C. 383)) should have the responsibility of sion by a product sponsor or a physician of a cation submitted to the Secretary. Not later ensuring that the process of harmonizing protocol intended to provide widespread ac- than 75 days after the date of the receipt of international regulatory requirements is cess to an investigational product for eligi- the application, the Secretary shall issue an continuous. ble patients, the Secretary shall permit an order approving or denying the applica- SEC. 203. CONTRACTS FOR EXPERT REVIEW. investigational drug (including an investigation.’’; Chapter IX (21 U.S.C. 391 et seq.) is amend- tional biological product) or investigational (2) in paragraph (4)— ed by adding at the end the following:

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9852 CONGRESSIONAL RECORD — SENATE September 24, 1997

‘‘SEC. 906. CONTRACTS FOR EXPERT REVIEW. erly trained, knowledgeable about handling ‘‘(2) CONTENTS.—The report by the inde- ‘‘(a) IN GENERAL.— confidential documents and information, and pendent research organization described in ‘‘(1) AUTHORITY.—The Secretary may enter free of conflicts of interest. The Secretary paragraph (1) shall identify the benefits or into a contract with any organization or any shall publish the methods of accreditation in detriments to public and patient health of individual (who is not an employee of the De- the Federal Register on the adoption of the using accredited entities and individuals to partment) with expertise in a relevant dis- methods. conduct such reviews, and shall summarize cipline, to review, evaluate, and make rec- ‘‘(c) WITHDRAWAL OF ACCREDITATION.—The all relevant data, including data on the re- ommendations to the Secretary on part or Secretary may suspend or withdraw the ac- view of accredited entities and individuals all of any application or submission (includ- creditation of any entity or individual ac- (including data on the review times, rec- ing a petition, notification, and any other credited under this section, after providing ommendations, and compensation of the en- similar form of request) made under this Act notice and an opportunity for an informal tities and individuals), and data on the re- for the approval or classification of an arti- hearing, if such entity or individual acts in view of the Secretary (including data on the cle or made under section 351(a) of the Public a manner that is substantially not in compli- review times, changes, and reasons for Health Service Act (42 U.S.C. 262(a)) with re- ance with the requirements established by changes of the Secretary).’’. spect to a biological product. Any such con- the Secretary under subsection (b), including (b) RECORDKEEPING.—Section 704 (21 U.S.C. tract shall be subject to the requirements of the failure to avoid conflicts of interest, the 374) is amended by adding at the end the fol- section 708 relating to the confidentiality of failure to protect confidentiality of informa- lowing: information. tion, or the failure to competently review ‘‘(f)(1) A person accredited under section ‘‘(2) INCREASED EFFICIENCY AND EXPERTISE premarket submissions for devices. 523 to review reports made under section THROUGH CONTRACTS.—The Secretary shall ‘‘(d) SELECTION AND COMPENSATION.—A per- 510(k) and make recommendations of initial use the authority granted in paragraph (1) son who intends to make a report described classifications of devices to the Secretary whenever the Secretary determines that a in subsection (a) to the Secretary shall have shall maintain records documenting the contract described in paragraph (1) will im- the option to select an accredited entity or training qualifications of the person and the prove the timeliness or quality of the review individual to review such report. Upon the employees of the person, the procedures used of an application or submission described in request by a person to have a report re- by the person for handling confidential infor- paragraph (1), unless using such authority viewed by an accredited entity or individual, mation, the compensation arrangements would reduce the quality, or unduly increase the Secretary shall identify for the person no made by the person in accordance with sec- the cost, of such review. Such improvement less than 2 accredited entities or individuals tion 523(d), and the procedures used by the may include providing the Secretary in- from whom the selection may be made. Com- person to identify and avoid conflicts of increased scientific or technical expertise that pensation for an accredited entity or indi- terest. Upon the request of an officer or emis necessary to review or evaluate new thera- vidual shall be determined by agreement be- ployee designated by the Secretary, the per- pies and technologies. tween the accredited entity or individual and son shall permit the officer or employee, at ‘‘(b) REVIEW OF EXPERT REVIEW.— the person who engages the services of the all reasonable times, to have access to, to ‘‘(1) IN GENERAL.—Subject to paragraph (2), accredited entity or individual and shall be copy, and to verify, the records. ‘‘(2) Within 15 days after the receipt of a the official of the Food and Drug Adminis- paid by the person who engages such serv- written request from the Secretary to a per- tration responsible for any matter for which ices. son accredited under section 523 for copies of expert review is used pursuant to subsection ‘‘(e) REVIEW BY SECRETARY.— records described in paragraph (1), the person (a) shall review the recommendations of the ‘‘(1) IN GENERAL.—The Secretary shall re- shall produce the copies of the records at the organization or individual who conducted quire an accredited entity or individual, place designated by the Secretary.’’. the expert review and shall make a final de- upon making a recommendation under this cision regarding the matter within 60 days section with respect to an initial classifica- SEC. 205. DEVICE PERFORMANCE STANDARDS. (a) ALTERNATIVE PROCEDURE.—Section 514 after receiving the recommendations. tion of a device, to notify the Secretary in writing of the reasons for such recommenda- (21 U.S.C. 360d) is amended by adding at the ‘‘(2) LIMITATION.—A final decision under end the following: paragraph (1) shall be made within the appli- tion. cable prescribed time period for review of the ‘‘(2) TIME PERIOD FOR REVIEW.—Not later ‘‘Recognition of a Standard matter as set forth in this Act or in the Pub- than 30 days after the date on which the Sec- ‘‘(c)(1)(A) In addition to establishing per- lic Health Service Act (42 U.S.C. 201 et seq.). retary is notified under paragraph (1) by an formance standards under this section, the accredited entity or individual with respect ‘‘(3) AUTHORITY OF SECRETARY.—Notwith- Secretary may, by publication in the Federal standing subsection (a), the Secretary shall to a recommendation of an initial classifica- Register, recognize all or part of a perform- retain full authority to make determinations tion of a device, the Secretary shall make a ance standard established by a nationally or with respect to the approval or disapproval determination with respect to the initial internationally recognized standard develop- of an article under this Act, the approval or classification. ment organization for which a person may disapproval of a biologics license with re- ‘‘(3) SPECIAL RULE.—The Secretary may submit a declaration of conformity in order spect to a biological product under section change the initial classification under sec- to meet premarket submission requirements 351(a) of the Public Health Service Act, or tion 513(f)(1) that is recommended by the ac- or other requirements under this Act to the classification of an article as a device credited entity or individual under this sec- which such standards are applicable. under section 513(f)(1).’’. tion, and in such case shall notify in writing ‘‘(B) If a person elects to use a performance the person making the report described in standard recognized by the Secretary under SEC. 204. ACCREDITED-PARTY REVIEWS. subsection (a) of the detailed reasons for the subparagraph (A) to meet the requirements (a) IN GENERAL.—Subchapter A of chapter change. described in subparagraph (A), the person V (21 U.S.C. 351 et seq.) is amended by adding ‘‘(f) DURATION.—The authority provided by shall provide a declaration of conformity to at the end the following: this section terminates— the Secretary that certifies that the device ‘‘SEC. 523. ACCREDITED-PARTY PARTICIPATION. ‘‘(1) 5 years after the date on which the is in conformity with such standard. A per- ‘‘(a) ACCREDITATION.—Not later than 1 year Secretary notifies Congress that at least 2 son may elect to use data, or information, after the date of enactment of this section, persons accredited under subsection (b) are other than data required by a standard rec- the Secretary shall accredit entities or indi- available to review at least 60 percent of the ognized under subparagraph (A) to fulfill or viduals who are not employees of the Federal submissions under section 510(k); or satisfy any requirement under this Act. Government to review reports made to the ‘‘(2) 4 years after the date on which the ‘‘(2) The Secretary may withdraw such rec- Secretary under section 510(k) for devices Secretary notifies Congress that at least 35 ognition of a performance standard through and make recommendations to the Secretary percent of the devices that are subject to republication of a notice in the Federal Reg- regarding the initial classification of such view under subsection (a), and that were the ister that the Secretary will no longer recog- devices under section 513(f)(1), except that subject of final action by the Secretary in nize the standard, if the Secretary deter- this paragraph shall not apply to a report the fiscal year preceding the date of such no- mines that the standard is no longer appro- made to the Secretary under section 510(k) tification, were reviewed by the Secretary priate for meeting the requirements under for a device that is— under subsection (e), this Act. ‘‘(1) for a use in supporting or sustaining whichever occurs first. ‘‘(3)(A) Subject to subparagraph (B), the human life; ‘‘(g) REPORT.— Secretary shall accept a declaration of con- ‘‘(2) for implantation in the human body ‘‘(1) IN GENERAL.—Not later than 1 year formity that a device is in conformity with for more than 1 year; or after the date of enactment of this section, a standard recognized under paragraph (1) ‘‘(3) for a use that is of substantial impor- the Secretary shall contract with an inde- unless the Secretary finds— tance in preventing the impairment of pendent research organization to prepare and ‘‘(i) that the data or information sub- human health. submit to the Secretary a written report ex- mitted to support such declaration does not ‘‘(b) ACCREDITATION.—Within 180 days after amining the use of accredited entities and demonstrate that the device is in conformity the date of enactment of this section, the individuals to conduct reviews under this with the standard identified in the declara- Secretary shall adopt methods of accredita- section. The Secretary shall submit the re- tion of conformity; or tion that ensure that entities or individuals port to Congress not later than 6 months ‘‘(ii) that the standard identified in the who conduct reviews and make recommenda- prior to the conclusion of the applicable pe- declaration of conformity is not applicable tions under this section are qualified, prop- riod described in subsection (f). to the particular device under review.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9853 ‘‘(B) The Secretary may request, at any (3) by inserting after paragraph (1) the fol- nent of the Food and Drug Administration time, the data or information relied on by lowing: that will regulate the article and may not be the person to make a declaration of con- ‘‘(2)(A)(i) The Secretary shall, upon the modified by the Secretary except with the formity with respect to a standard recog- written request of an applicant, meet with written consent of the person or for public nized under paragraph (1). the applicant, not later than 100 days after health reasons.’’. ‘‘(C) A person relying on a declaration of the receipt of an application from the appli- SEC. 403. USE OF DATA RELATING TO PRE- conformity with respect to a standard recog- cant that has been filed as complete under MARKET APPROVAL. nized under paragraph (1) shall maintain the subsection (c), to discuss the review status of (a) IN GENERAL.—Section 520(h)(4) (21 data and information demonstrating con- the application. U.S.C. 360j(h)(4)) is amended to read as fol- formity of the device to the standard for a ‘‘(ii) If the application does not appear in a lows: period of 2 years after the date of the classi- form that would require an approval under ‘‘(4)(A) Any information contained in an fication or approval of the device by the Sec- this subsection, the Secretary shall in writ- application for premarket approval filed retary or a period equal to the expected de- ing, and prior to the meeting, provide to the with the Secretary pursuant to section 515(c) sign life of the device, whichever is longer.’’. applicant a description of any deficiencies in (including information from clinical and pre- (b) SECTION 301.—Section 301 (21 U.S.C. 331) the application identified by the Secretary clinical tests or studies that demonstrate is amended by adding at the end the fol- based on an interim review of the entire ap- the safety and effectiveness of a device, but lowing: plication and identify the information that excluding descriptions of methods of manu- ‘‘(x) The falsification of a declaration of is required to correct those deficiencies. facture and product composition) shall be conformity submitted under subsection (c) of ‘‘(iii) The Secretary and the applicant available, 6 years after the application has section 514 or the failure or refusal to pro- may, by mutual consent, establish a dif- been approved by the Secretary, for use by vide data or information requested by the ferent schedule for a meeting required under the Secretary in— Secretary under section 514(c)(3).’’. this paragraph. ‘‘(i) approving another device; (c) SECTION 501.—Section 501(e) (21 U.S.C. ‘‘(B) The Secretary shall notify the appli- ‘‘(ii) determining whether a product devel- 351(e)) is amended— cant immediately of any deficiency identi- opment protocol has been completed, under (1) by striking ‘‘(e)’’ and inserting ‘‘(e)(1)’’; fied in the application that was not described section 515 for another device; and as a deficiency in the written description ‘‘(iii) establishing a performance standard (2) by inserting at the end the following: provided by the Secretary under subpara- or special control under this Act; or ‘‘(2) If it is declared to be, purports to be, graph (A).’’. or is represented as, a device that is in con- ‘‘(iv) classifying or reclassifying another TITLE IV—IMPROVING CERTAINTY AND device under section 513 and subsection (l)(2). formity with any performance standard rec- CLARITY OF RULES ognized under section 514(c) unless such de- ‘‘(B) The publicly available detailed sum- vice is in all respects in conformity with SEC. 401. POLICY STATEMENTS. maries of information respecting the safety such standard.’’. Section 701(a) (21 U.S.C. 371(a)) is amend- and effectiveness of devices required by para- ed— graph (1)(A) shall be available for use by the TITLE III—IMPROVING COLLABORATION (1) by striking ‘‘(a) The’’ and inserting Secretary as the evidentiary basis for the AND COMMUNICATION ‘‘(a)(1) The’’; and agency actions described in subparagraph SEC. 301. COLLABORATIVE DETERMINATIONS OF (2) by adding at the end the following: (A).’’. DEVICE DATA REQUIREMENTS. ‘‘(2) Not later than February 27, 1999, the (b) CONFORMING AMENDMENT.—Section Section 513(a)(3) (21 U.S.C. 360c(a)(3)) is Secretary, after evaluating the effectiveness 517(a) (21 U.S.C. 360g(a)) is amended— amended by adding at the end the following: of the Good Guidance Practices document (1) in paragraph (8), by adding ‘‘or’’ at the ‘‘(C)(i)(I) The Secretary, upon the written published in the Federal Register at 62 Fed. end; request of any person intending to submit an Reg. 8961, shall promulgate a regulation (2) in paragraph (9), by striking ‘‘, or’’ and application under section 515, shall meet specifying the policies and procedures of the inserting a comma; and with such person to determine the type of Food and Drug Administration for the devel- (3) by striking paragraph (10). valid scientific evidence (within the meaning opment, issuance, and use of guidance docu- SEC. 404. CONSIDERATION OF LABELING CLAIMS of subparagraphs (A) and (B)) that will be ments.’’. necessary to demonstrate the effectiveness FOR PRODUCT REVIEW. SEC. 402. PRODUCT CLASSIFICATION. of a device for the conditions of use proposed (a) PREMARKET APPROVAL.—Section Chapter VII (21 U.S.C. 371 et seq.) is amend- by such person, to support an approval of an 515(d)(1)(A) (21 U.S.C. 360e(d)(1)(A)) is amended by adding at the end the following: application. The written request shall ined by adding at the end the following flush clude a detailed description of the device, a ‘‘Subchapter D—Classification of Products sentences: detailed description of the proposed condi- and Environmental Impact Reviews ‘‘In making the determination whether to tions of use of the device, a proposed plan for ‘‘SEC. 741. CLASSIFICATION OF PRODUCTS. approve or deny the application, the Sec- determining whether there is a reasonable ‘‘(a) REQUEST.—A person who submits an retary shall rely on the conditions of use in- assurance of effectiveness, and, if available, application or submission (including a peti- cluded in the proposed labeling as the basis information regarding the expected perform- tion, notification, and any other similar for determining whether or not there is a ance from the device. Within 30 days after form of request) under this Act, may submit reasonable assurance of safety and effective- such meeting, the Secretary shall specify in a request to the Secretary respecting the ness, if the proposed labeling is neither false writing the type of valid scientific evidence classification of an article as a drug, biologi- nor misleading. In determining whether or that will provide a reasonable assurance that cal product, device, or a combination prod- not such labeling is false or misleading, the a device is effective under the conditions of uct subject to section 503(g) or respecting the Secretary shall fairly evaluate all material use proposed by such person. component of the Food and Drug Adminis- facts pertinent to the proposed labeling.’’. ‘‘(II) Any clinical data, including 1 or more tration that will regulate the article. In sub- (b) PREMARKET NOTIFICATION.—Section well-controlled investigations, specified in mitting the request, the person shall rec- 513(i)(1) (21 U.S.C. 360c(i)(1)) is amended by writing by the Secretary for demonstrating a ommend a classification for the article, or a adding at the end the following: reasonable assurance of device effectiveness component to regulate the article, as appro- ‘‘(C) Whenever the Secretary requests in- shall be specified as a result of a determina- priate. formation to demonstrate that the devices tion by the Secretary— ‘‘(b) STATEMENT.—Not later than 60 days with differing technological characteristics ‘‘(aa) that such data are necessary to es- after the receipt of the request described in are substantially equivalent, the Secretary tablish device effectiveness; and subsection (a), the Secretary shall determine shall only request information that is nec- ‘‘(bb) that no other less burdensome means the classification of the article or the com- essary to make a substantial equivalence de- of evaluating device effectiveness is avail- ponent of the Food and Drug Administration termination. In making such a request, the able that would have a reasonable likelihood that will regulate the article and shall pro- Secretary shall consider the least burden- of resulting in an approval. vide to the person a written statement that some means of demonstrating substantial ‘‘(ii) The determination of the Secretary identifies the classification of the article or equivalence and shall request information with respect to the specification of valid sci- the component of the Food and Drug Admin- accordingly. entific evidence under clause (i) shall be istration that will regulate the article and ‘‘(D) The determination of the Secretary binding upon the Secretary, unless such de- the reasons for such determination. The Sec- under this subsection and section 513(f)(1) termination by the Secretary could be con- retary may not modify such statement ex- with respect to the intended use of a device trary to the public health.’’. cept with the written consent of the person shall be based on the intended use included SEC. 302. COLLABORATIVE REVIEW PROCESS. or for public health reasons. in the proposed labeling of the device sub- Section 515(d) (21 U.S.C. 360e(d)) is amend- ‘‘(c) INACTION OF SECRETARY.—If the Sec- mitted in a report under section 510(k).’’. ed— retary does not provide the statement within (c) RULE OF CONSTRUCTION.—Nothing in the (1) in paragraph (1)(A), by striking ‘‘para- the 60-day period described in subsection (b), amendments made by subsections (a) and (b) graph (2) of this subsection’’ each place it ap- the recommendation made by the person shall be construed to alter any authority of pears and inserting ‘‘paragraph (4)’’; under subsection (a) shall be considered to be the Secretary of Health and Human Services (2) by redesignating paragraphs (2) and (3) a final determination by the Secretary of the to regulate any tobacco product, or any addi- as paragraphs (4) and (5), respectively; and classification of the article or the compo- tive or ingredient of a tobacco product.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9854 CONGRESSIONAL RECORD — SENATE September 24, 1997 SEC. 405. CERTAINTY OF REVIEW TIMEFRAMES. pliance with each of the obligations of the ‘‘(vi) the occurrence of any approvable ac- (a) CLARIFICATION ON THE 90-DAY TIME- Secretary under this Act and other relevant tion; and FRAME FOR PREMARKET NOTIFICATION RE- statutes. The Secretary shall biannually re- ‘‘(vii) the approval or clearance of any ap- VIEWS.—Section 510(k) (21 U.S.C. 360) is view the plan and shall revise the plan as plication or submission described in clause amended by adding at the end the following necessary, in consultation with such persons. (iii). flush sentence: ‘‘(B) OBJECTIVES OF AGENCY PLAN.—The ‘‘(C) SPECIAL RULE.—If the Secretary pro- ‘‘The Secretary shall review the report re- plan required by subparagraph (A) shall es- vides information in a report required by quired by this subsection and make a deter- tablish objectives, and mechanisms to be section 705 of the Food and Drug Administra- mination under section 513(f)(1) not later used by the Secretary, acting through the tion Modernization and Accountability Act than 90 days after receiving the report.’’. Commissioner, including objectives and of 1997 or a report required by the amend- (b) ONE-CYCLE REVIEW.—Section 515(d) (21 mechanisms that— ments made by the Government Performance U.S.C. 360e(d)), as amended by section 302, is ‘‘(i) minimize deaths of, and harm to, per- and Results Act of 1993 and that information amended by inserting after paragraph (2) the sons who use or may use an article regulated is required by this paragraph, the report following: under this Act; shall be deemed to satisfy the requirements ‘‘(3) Except as provided in paragraph (1), ‘‘(ii) maximize the clarity of, and the of this paragraph relating to that informa- the period for the review of an application by availability of information about, the proc- tion.’’. ess for review of applications and submis- the Secretary under this subsection shall be TITLE VI—BETTER ALLOCATION OF sions (including petitions, notifications, and not more than 180 days. Such period may not RESOURCES BY SETTING PRIORITIES be restarted or extended even if the applica- any other similar forms of request) made SEC. 601. MINOR MODIFICATIONS. tion is amended. The Secretary is not re- under this Act, including information for po- (a) ACTION ON INVESTIGATIONAL DEVICE EX- quired to review a major amendment to an tential consumers and patients concerning EMPTIONS.—Section 520(g) (21 U.S.C. 360j(g)) application, unless the amendment is made new products; is amended by adding at the end the fol- in response to a request by the Secretary for ‘‘(iii) implement all inspection and lowing: information.’’. postmarket monitoring provisions of this Act by July 1, 1999; ‘‘(6)(A) The Secretary shall, not later than SEC. 406. LIMITATIONS ON INITIAL CLASSIFICA- ‘‘(iv) ensure access to the scientific and 120 days after the date of enactment of this TION DETERMINATIONS. paragraph, by regulation modify parts 812 Section 510 (21 U.S.C. 360) is amended by technical expertise necessary to ensure compliance by the Secretary with the statutory and 813 of title 21, Code of Federal Regula- adding at the end the following: tions to update the procedures and condi- ‘‘(m) The Secretary may not withhold a de- obligations described in subparagraph (A); tions under which a device intended for termination of the initial classification of a ‘‘(v) establish a schedule to bring the Ad- human use may, upon application by the device under section 513(f)(1) because of a ministration into full compliance by July 1, sponsor of the device, be granted an exemp- failure to comply with any provision of this 1999, with the time periods specified in this Act for the review of all applications and tion from the requirements of this Act. Act that is unrelated to a substantial ‘‘(B) The regulation shall permit develop- equivalence decision, including a failure to submissions described in clause (ii) and submitted after the date of enactment of this mental changes in a device (including manu- comply with the requirements relating to facturing changes) in response to informa- good manufacturing practices under section paragraph; and ‘‘(vi) reduce backlogs in the review of all tion collected during an investigation with- 520(f).’’. applications and submissions described in out requiring an additional approval of an SEC. 407. CLARIFICATION WITH RESPECT TO A clause (ii) for any article with the objective application for an investigational device ex- GENERAL USE AND SPECIFIC USE OF emption or the approval of a supplement to A DEVICE. of eliminating all backlogs in the review of such application, if the sponsor of the inves- Not later than 270 days after the date of the applications and submissions by January tigation determines, based on credible infor- enactment of this section, the Secretary of 1, 2000. mation, prior to making any such changes, Health and Human Services shall promulgate ‘‘(5) ANNUAL REPORT.— ‘‘(A) CONTENTS.—The Secretary shall pre- that the changes— a final regulation specifying the general pare and publish in the Federal Register and ‘‘(i) do not affect the scientific soundness principles that the Secretary of Health and solicit public comment on an annual report of an investigational plan submitted under Human Services will consider in determining that— paragraph (3)(A) or the rights, safety, or wel- when a specific intended use of a device is ‘‘(i) provides detailed statistical informa- fare of the human subjects involved in the not reasonably included within a general use tion on the performance of the Secretary investigation; and of such device for purposes of a determina- under the plan described in paragraph (4); ‘‘(ii) do not constitute a significant change tion of substantial equivalence under section ‘‘(ii) compares such performance of the in design, or a significant change in basic 513(f)(1) of the Federal Food, Drug, and Cos- Secretary with the objectives of the plan and principles of operation, of the device.’’. metic Act (21 U.S.C. 360c(f)(1)). with the statutory obligations of the Sec- (b) ACTION ON APPLICATION.—Section SEC. 408. CLARIFICATION OF THE NUMBER OF retary; 515(d)(1)(B) (21 U.S.C. 360e(d)(1)(B)) is amend- REQUIRED CLINICAL INVESTIGA- ‘‘(iii) analyzes any failure of the Secretary ed by adding at the end the following: TIONS FOR APPROVAL. to achieve any objective of the plan or to ‘‘(iii) The Secretary shall accept and re- (a) DEVICE CLASSES.—Section 513(a)(3)(A) meet any statutory obligation; view data and any other information from (21 U.S.C. 360c(a)(3)(A)) is amended by strik- ‘‘(iv) identifies any regulatory policy that investigations conducted under the author- ing ‘‘clinical investigations’’ and inserting has a significant impact on compliance with ity of regulations required by section 520(g), ‘‘1 or more clinical investigations’’. any objective of the plan or any statutory to make a determination of whether there is (b) NEW DRUGS.—Section 505(d) (21 U.S.C. obligation; and 355(d)) is amended by adding at the end the a reasonable assurance of safety and effec- ‘‘(v) sets forth any proposed revision to following: ‘‘Substantial evidence may, as ap- tiveness of a device subject to a pending ap- any such regulatory policy, or objective of propriate, consist of data from 1 adequate plication under this section if— the plan that has not been met. and well-controlled clinical investigation ‘‘(I) the data or information is derived ‘‘(B) STATISTICAL INFORMATION.—The sta- and confirmatory evidence (obtained prior to from investigations of an earlier version of tistical information described in subpara- or after such investigation), if the Secretary the device, the device has been modified dur- graph (A)(i) shall include a full statistical determines, based on relevant science, that ing or after the investigations (but prior to presentation relating to all applications and such data and evidence are sufficient to es- submission of an application under sub- submissions (including petitions, notifica- tablish effectiveness.’’. section (c)) and such a modification of the tions, and any other similar forms of re- device does not constitute a significant SEC. 409. PROHIBITED ACTS. quest) made under this Act and approved or change in the design or in the basic prin- Section 301(l) (21 U.S.C. 331(l)) is repealed. subject to final action by the Secretary dur- ciples of operation of the device that would TITLE V—IMPROVING ACCOUNTABILITY ing the year covered by the report. In pre- invalidate the data or information; or SEC. 501. AGENCY PLAN FOR STATUTORY COM- paring the statistical presentation, the Sec- ‘‘(II) the data or information relates to a PLIANCE AND ANNUAL REPORT. retary shall take into account the date of— device approved under this section, is avail- Section 903(b) (21 U.S.C. 393(b)), as amended ‘‘(i) the submission of any investigational able for use under this Act, and is relevant by section 201, is further amended by adding application; to the design and intended use of the device at the end the following: ‘‘(ii) the application of any clinical hold; for which the application is pending.’’. ‘‘(4) AGENCY PLAN FOR STATUTORY COMPLI- ‘‘(iii) the submission of any application or (c) ACTION ON SUPPLEMENTS.—Section ANCE.— submission (including a petition, notifica- 515(d) (21 U.S.C. 360e(d)), as amended by sec- ‘‘(A) IN GENERAL.—Not later than 180 days tion, and any other similar form of request) tion 302, is further amended by adding at the after the date of enactment of this para- made under this Act for approval or clear- end the following: graph, the Secretary, after consultation with ance; ‘‘(6)(A)(i) A supplemental application shall relevant experts, health care professionals, ‘‘(iv) the acceptance for filing of any appli- be required for any change to a device sub- representatives of patient and consumer ad- cation or submission described in clause (iii) ject to an approved application under this vocacy groups, and the regulated industry, for approval or clearance; subsection that affects safety or effective- shall develop and publish in the Federal Reg- ‘‘(v) the occurrence of any unapprovable ness, unless such change is a modification in ister a plan bringing the Secretary into com- action; a manufacturing procedure or method of

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9855 manufacturing and the holder of the ap- (k) to provide reasonable assurance of safety tient’s name, address, social security num- proved application submits a written notice and effectiveness. Each type of class II de- ber, or other identifying information for the to the Secretary that describes in detail the vice identified by the Secretary not to re- purpose of tracking.’’. change, summarizes the data or information quire the notification shall be exempt from (b) PUBLICATION OF CERTAIN DEVICES.—Not supporting the change, and informs the Sec- the requirement to provide notification later than 180 days after the date of enact- retary that the change has been made under under subsection (k) as of the date of the ment of this Act, the Secretary of Health the requirements of section 520(f). publication of the list in the Federal Reg- and Human Services shall develop and pub- ‘‘(ii) The holder of an approved application ister. lish in the Federal Register a list that iden- who submits a notice under clause (i) with ‘‘(2) Beginning on the date that is 1 day tifies each type of device subject to tracking respect to a manufacturing change of a de- after the date of the publication of a list under section 519(e)(1) of the Federal Food, vice may distribute the device 30 days after under this subsection, the Secretary may ex- Drug, and Cosmetic Act (21 U.S.C. 360i(e)(1)). the date on which the Secretary receives the empt a class II device from the notification Each device not identified by the Secretary notice, unless the Secretary within such 30- requirement of subsection (k), upon the Sec- of Health and Human Services under this day period notifies the holder that the notice retary’s own initiative or a petition of an in- subsection or designated by the Secretary is not adequate and describes such further terested person, if the Secretary determines under section 519(e)(2) shall be deemed to be information or action that is required for ac- that such notification is not necessary to as- exempt from the mandatory tracking re- ceptance of such change. If the Secretary no- sure the safety and effectiveness of the de- quirement under section 519 of such Act. The tifies the holder that a premarket approval vice. The Secretary shall publish in the Fed- Secretary of Health and Human Services supplement is required, the Secretary shall eral Register notice of the intent of the Sec- shall have authority to modify the list of de- review the supplement within 135 days after retary to exempt the device, or of the peti- vices exempted from the mandatory tracking the receipt of the supplement. The time used tion, and provide a 30-day period for public requirements. by the Secretary to review the notice of the comment. Within 120 days after the issuance SEC. 606. SECRETARY’S DISCRETION TO CON- manufacturing change shall be deducted of the notice in the Federal Register, the DUCT POSTMARKET SURVEILLANCE. from the 135-day review period if the notice Secretary shall publish an order in the Fed- (a) IN GENERAL.—Section 522 (21 U.S.C. meets appropriate content requirements for eral Register that sets forth the final deter- 360l) is amended by striking ‘‘SEC. 522.’’ and premarket approval supplements. mination of the Secretary regarding the ex- all that follows through ‘‘(2) DISCRETIONARY ‘‘(B)(i) Subject to clause (ii), in reviewing a emption of the device that was the subject of SURVEILLANCE.—The’’ and inserting the fol- supplement to an approved application, for the notice.’’. lowing: an incremental change to the design of a de- SEC. 604. EVALUATION OF AUTOMATIC CLASS III ‘‘SEC. 522. (a) DISCRETIONARY SURVEIL- vice that affects safety or effectiveness, the DESIGNATION. LANCE.—The’’. Secretary shall approve such supplement if— Section 513(f) (21 U.S.C. 360c(f)) is amend- (b) SURVEILLANCE APPROVAL.—Section ‘‘(I) nonclinical data demonstrate that the ed— 522(b) (21 U.S.C. 360l(b)) is amended to read as design modification creates the intended ad- (1) in paragraph (1)— follows: ditional capacity, function, or performance (A) in subparagraph (B), by striking ‘‘para- ‘‘(b) SURVEILLANCE APPROVAL.— of the device; and graph (2)’’ and inserting ‘‘paragraph (3)’’; and ‘‘(1) IN GENERAL.—Each manufacturer that ‘‘(II) clinical data from the approved appli- (B) in the last sentence, by striking ‘‘para- receives notice from the Secretary that the cation and any supplement to the approved graph (2)’’ and inserting ‘‘paragraph (2) or manufacturer is required to conduct surveil- application provide a reasonable assurance (3)’’; lance of a device under subsection (a) shall, of safety and effectiveness for the changed (2) by redesignating paragraphs (2) and (3) not later than 30 days after receiving the no- device. as paragraphs (3) and (4), respectively; and tice, submit for the approval of the Sec- ‘‘(ii) The Secretary may require, when nec- (3) by inserting after paragraph (1) the fol- retary, a plan for the required surveillance. essary, additional clinical data to evaluate lowing: ‘‘(2) DETERMINATION.—Not later than 60 the design modification of the device to pro- ‘‘(2)(A) Any person who submits a report days after the receipt of the plan, the Sec- vide a reasonable assurance of safety and ef- under section 510(k) for a type of device that retary shall determine if a person proposed fectiveness.’’. has not been previously classified under this in the plan to conduct the surveillance has SEC. 602. ENVIRONMENTAL IMPACT REVIEW. Act, and that is classified into class III under sufficient qualifications and experience to Chapter VII (21 U.S.C. 371 et seq.), as paragraph (1), may request, within 30 days conduct the surveillance and if the plan will amended by section 402, is further amended after receiving written notice of such a clas- result in the collection of useful data that by adding at the end the following: sification, the Secretary to classify the de- can reveal unforeseen adverse events or ‘‘SEC. 742. ENVIRONMENTAL IMPACT REVIEW. vice under the criteria set forth in subpara- other information necessary to protect the ‘‘Notwithstanding any other provision of graphs (A) through (C) subsection (a)(1). The public health and to provide safety and effec- law, an environmental impact statement person may, in the request, recommend to tiveness information for the device. prepared in accordance with the regulations the Secretary a classification for the device. ‘‘(3) LIMITATION ON PLAN APPROVAL.—The published in part 25 of title 21, Code of Fed- Any such request shall describe the device Secretary may not approve the plan until eral Regulations (as in effect on August 31, and provide detailed information and reasons the plan has been reviewed by a qualified sci- 1997) in connection with an action carried for the recommended classification. entific and technical review committee es- out under (or a recommendation or report re- ‘‘(B)(i) Not later than 60 days after the tablished by the Secretary.’’. lating to) this Act, shall be considered to date of the submission of the request under SEC. 607. REPORTING. meet the requirements for a detailed state- subparagraph (A) for classification of a de- (a) REPORTS.—Section 519 (21 U.S.C. 360i) is ment under section 102(2)(C) of the National vice under the criteria set forth in subpara- amended— Environmental Policy Act of 1969 (42 U.S.C. graphs (A) through (C) of subsection (a)(1), (1) in subsection (a)— 4332(2)(C)).’’. the Secretary shall by written order classify (A) in the first sentence by striking ‘‘make SEC. 603. EXEMPTION OF CERTAIN CLASSES OF the device. Such classification shall be the such reports, and provide such information,’’ DEVICES FROM PREMARKET NOTIFI- initial classification of the device for pur- and inserting ‘‘and each such manufacturer CATION REQUIREMENT. poses of paragraph (1) and any device classi- or importer shall make such reports, provide (a) CLASS I AND CLASS II DEVICES.—Section fied under this paragraph shall be a predicate such information, and submit such samples 510(k) (21 U.S.C. 360(k)) is amended by strik- device for determining substantial equiva- and components of devices (as required by ing ‘‘intended for human use’’ and inserting lence under paragraph (1). paragraph (10)),’’; ‘‘intended for human use (except a device ‘‘(ii) A device that remains in class III (B) in paragraph (8), by striking ‘‘; and’’ that is classified into class I under section under this subparagraph shall be deemed to and inserting a semicolon; and 513 or 520 unless the Secretary determines be adulterated within the meaning of section (C) by striking paragraph (9) and inserting such device is intended for a use that is of 501(f)(1)(B) until approved under section 515 the following: substantial importance in preventing im- or exempted from such approval under sec- ‘‘(9) shall require distributors to keep pairment of human health or such device tion 520(g). records and make such records available to presents a potential unreasonable risk of ill- ‘‘(C) Within 30 days after the issuance of an the Secretary upon request; and’’; ness or injury, or a device that is classified order classifying a device under this para- (2) by striking subsection (d); and into class II under section 513 or 520 and is graph, the Secretary shall publish a notice in (3) in subsection (f), by striking ‘‘, im- exempt from the requirements of this sub- the Federal Register announcing such classi- porter, or distributor’’ each place it appears section under subsection (l))’’. fication.’’. and inserting ‘‘or importer’’. (b) PUBLICATION OF EXEMPTION.—Section SEC. 605. SECRETARY’S DISCRETION TO TRACK (b) REGISTRATION.—Section 510(g) (21 U.S.C. 510 (21 U.S.C. 360) is amended by inserting DEVICES. 360(g)) is amended— after subsection (k) the following: (a) RELEASE OF INFORMATION.—Section (1) by redesignating paragraph (4) as para- ‘‘(l)(1) Not later than 30 days after the date 519(e) (21 U.S.C. 360i(e)) is amended by adding graph (5); of enactment of this subsection, the Sec- at the end the following flush sentence: (2) by inserting after paragraph (3), the fol- retary shall publish in the Federal Register ‘‘Any patient receiving a device subject to lowing: a list of each type of class II device that does tracking under this section may refuse to re- ‘‘(4) any distributor who acts as a whole- not require a notification under subsection lease, or refuse permission to release, the pa- sale distributor of devices, and who does not

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9856 CONGRESSIONAL RECORD — SENATE September 24, 1997 manufacture, repackage, process, or relabel (2) any nonradioactive reagent kit or nu- rivative of arsphenamine (or any other tri- a device; or’’; and clide generator that is intended to be used in valent organic arsenic compound), applicable (3) by adding at the end the following flush the preparation of any such article. to the prevention, treatment, or cure of a sentence: SEC. 610. MODERNIZATION OF REGULATION OF disease or condition of human beings.’’. ‘‘In this subsection, the term ‘wholesale dis- BIOLOGICAL PRODUCTS. (e) CONFORMING AMENDMENT.—Section tributor’ means any person who distributes a (a) LICENSES.— 503(g)(4) (21 U.S.C. 353(g)(4)) is amended— device from the original place of manufac- (1) IN GENERAL.—Section 351(a) of the Pub- (1) in subparagraph (A)— ture to the person who makes the final deliv- lic Health Service (42 U.S.C. 262(a)) is amend- (A) by striking ‘‘section 351(a)’’ and insert- ery or sale of the device to the ultimate con- ed to read as follows: ing ‘‘section 351(i)’’; and sumer or user.’’. ‘‘(a)(1) Except as provided in paragraph (4), (B) by striking ‘‘262(a)’’ and inserting no person shall introduce or deliver for in- SEC. 608. PILOT AND SMALL-SCALE MANUFAC- ‘‘262(i)’’; and TURE. troduction into interstate commerce any bi- (2) in subparagraph (B)(iii), by striking ological product unless— (a) NEW DRUGS.—Section 505(c) (21 U.S.C. ‘‘product or establishment license under sub- 355(c)) is amended by adding at the end the ‘‘(A) a biologics license is in effect for the section (a) or (d)’’ and inserting ‘‘biologics li- following: biological product; and cense application under subsection (a)’’. ‘‘(4) A new drug manufactured in a pilot or ‘‘(B) each package of the biological product is plainly marked with— (f) SPECIAL RULE.—The Secretary of Health other small facility may be used to dem- and Human Services shall take measures to onstrate the safety and effectiveness of the ‘‘(i) the proper name of the biological product contained in the package; minimize differences in the review and ap- new drug and to obtain approval of the new proval of products required to have approved drug prior to scaling up to a larger facility, ‘‘(ii) the name, address, and applicable license number of the manufacturer of the bio- biologics license applications under section unless the Secretary determines that a full 351 of the Public Health Service Act (42 scale production facility is necessary to en- logical product; and ‘‘(iii) the expiration date of the biological U.S.C. 262) and products required to have ap- sure the safety or effectiveness of the new proved full new drug applications under sec- drug.’’. product. ‘‘(2)(A) The Secretary shall establish, by tion 505(b)(1) of the Federal Food, Drug, and (b) NEW ANIMAL DRUGS.—Section 512(c) (21 Cosmetic Act (21 U.S.C. 355(b)(1)). U.S.C. 360b(c)) is amended by adding at the regulation, requirements for the approval, end the following: suspension, and revocation of biologics li- SEC. 611. APPROVAL OF SUPPLEMENTAL APPLI- ‘‘(4) A new animal drug manufactured in a censes. CATIONS FOR APPROVED PROD- ‘‘(B) The Secretary shall approve a bio- UCTS. pilot or other small facility may be used to logics license application on the basis of a demonstrate the safety and effectiveness of (a) PERFORMANCE STANDARDS.—Not later demonstration that— the new drug and to obtain approval of the than 180 days after the date of enactment of ‘‘(i) the biological product that is the sub- new drug prior to scaling up to a larger facil- this section, the Secretary of Health and ject of the application is safe, pure, and po- ity, unless the Secretary determines that a Human Services shall publish in the Federal tent; and full scale production facility is necessary to Register performance standards for the ‘‘(ii) the facility in which the biological ensure the safety or effectiveness of the new prompt review of supplemental applications product is manufactured, processed, packed, drug.’’. submitted for approved articles under the or held meets standards designed to assure Federal Food, Drug, and Cosmetic Act (21 SEC. 609. REQUIREMENTS FOR RADIOPHARMA- that the biological product continues to be CEUTICALS. U.S.C. 321 et seq.). safe, pure, and potent. (b) GUIDANCE TO INDUSTRY.—Not later than (a) REQUIREMENTS.— ‘‘(3) A biologics license application shall be 180 days after the date of enactment of this (1) REGULATIONS.— approved only if the applicant (or other ap- section, the Secretary of Health and Human (A) PROPOSED REGULATIONS.—Not later propriate person) consents to the inspection Services shall issue final guidances to clarify than 180 days after the date of enactment of of the facility that is the subject of the ap- the requirements for, and facilitate the sub- this Act, the Secretary of Health and Human plication, in accordance with subsection (c). Services, after consultation with patient ad- ‘‘(4) The Secretary shall prescribe require- mission of data to support, the approval of vocacy groups, associations, physicians li- ments under which a biological product un- supplemental applications for the approved censed to use radiopharmaceuticals, and the dergoing investigation shall be exempt from articles described in subsection (a). The regulated industry, shall issue proposed reg- the requirements of paragraph (1).’’. guidances shall— (1) clarify circumstances in which pub- ulations governing the approval of radio- (2) ELIMINATION OF EXISTING LICENSE RE- lished matter may be the basis for approval pharmaceuticals designed for diagnosis and QUIREMENT.—Section 351(d) of the Public monitoring of diseases and conditions. The Health Service Act (42 U.S.C. 262(d)) is of a supplemental application; regulations shall provide that the determina- amended— (2) specify data requirements that will tion of the safety and effectiveness of such a (A) by striking ‘‘(d)(1)’’ and all that follows avoid duplication of previously submitted radiopharmaceutical under section 505 of the through ‘‘of this section.’’; data by recognizing the availability of data Federal Food, Drug, and Cosmetic Act (21 (B) in paragraph (2)— previously submitted in support of an origi- U.S.C. 355) or section 351 of the Public Health (i) by striking ‘‘(2)(A) Upon’’ and inserting nal application; and Service Act (42 U.S.C. 262) shall include (but ‘‘(d)(1) Upon;’’ and (3) define supplemental applications that not be limited to) consideration of the pro- (ii) by redesignating subparagraph (B) as are eligible for priority review. posed use of the radiopharmaceutical in the paragraph (2); and (c) RESPONSIBILITIES OF CENTERS.—The practice of medicine, the pharmacological (C) in paragraph (2) (as so redesignated by Secretary of Health and Human Services and toxicological activity of the radio- subparagraph (B)(ii))— shall designate an individual in each center pharmaceutical (including any carrier or (i) by striking ‘‘subparagraph (A)’’ and in- within the Food and Drug Administration ligand component of the radiopharma- serting ‘‘paragraph (1)’’; and (except the Center for Food Safety and Ap- ceutical), and the estimated absorbed radi- (ii) by striking ‘‘this subparagraph’’ each plied Nutrition) to be responsible for— ation dose of the radiopharmaceutical. place it appears and inserting ‘‘this para- (1) encouraging the prompt review of sup- (B) FINAL REGULATIONS.—Not later than 18 graph’’. plemental applications for approved articles; months after the date of enactment of this (b) LABELING.—Section 351(b) of the Public and Act, the Secretary shall promulgate final Health Service Act (42 U.S.C. 262(b)) is (2) working with sponsors to facilitate the regulations governing the approval of the amended to read as follows: development and submission of data to sup- radiopharmaceuticals. ‘‘(b) No person shall falsely label or mark port supplemental applications. (2) SPECIAL RULE.—In the case of a radio- any package or container of any biological (d) COLLABORATION.—The Secretary of pharmaceutical intended to be used for diag- product or alter any label or mark on the Health and Human Services shall implement nostic or monitoring purposes, the indica- package or container of the biological prod- programs and policies that will foster col- tions for which such radiopharmaceutical is uct so as to falsify the label or mark.’’. laboration between the Food and Drug Ad- approved for marketing may, in appropriate (c) INSPECTION.—Section 351(c) of the Pub- ministration, the National Institutes of cases, refer to manifestations of disease lic Health Service Act (42 U.S.C. 262(c)) is Health, professional medical and scientific (such as biochemical, physiological, ana- amended by striking ‘‘virus, serum,’’ and all societies, and other persons, to identify pub- tomic, or pathological processes) common that follows and inserting ‘‘biological prod- lished and unpublished studies that may sup- to, or present in, 1 or more disease states. uct.’’. port a supplemental application, and to en- (b) DEFINITION.—In this section, the term (d) DEFINITION; APPLICATION.—Section 351 courage sponsors to make supplemental ap- ‘‘radiopharmaceutical’’ means— of the Public Health Service Act (42 U.S.C. plications or conduct further research in (1) an article— 262) is amended by adding at the end the fol- support of a supplemental application based, (A) that is intended for use in the diagnosis lowing: in whole or in part, on such studies. or monitoring of a disease or a manifestation ‘‘(i) In this section, the term ‘biological of a disease in humans; and product’ means a virus, therapeutic serum, SEC. 612. HEALTH CARE ECONOMIC INFORMA- (B) that exhibits spontaneous disintegra- toxin, antitoxin, vaccine, blood, blood com- TION. tion of unstable nuclei with the emission of ponent or derivative, allergenic product, or (a) IN GENERAL.—Section 502(a) (21 U.S.C. nuclear particles or photons; or analogous product, or arsphenamine or de- 352(a)) is amended by adding at the end the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9857

following: ‘‘Health care economic informa- ‘‘(2) LIMITATION.—Approval of a fast track product, or a new animal drug may be made tion provided to a formulary committee, or drug under this subsection may be subject to in accordance with this section. other similar entity, in the course of the the requirements— ‘‘(b) CHANGES.— committee or the entity carrying out its re- ‘‘(A) that the sponsor conduct appropriate ‘‘(1) VALIDATION.—Before distributing a sponsibilities for the selection of drugs for post-approval studies to validate the surro- drug made after a change in the manufacture managed care or other similar organizations, gate endpoint or otherwise confirm the clin- of the drug from the manufacturing process shall not be considered to be false or mis- ical benefit of the drug; and established in the approved new drug appli- leading if the health care economic informa- ‘‘(B) that the sponsor submit copies of all cation under section 505, the approved new tion directly relates to an indication ap- promotional materials related to the fast animal drug application under section 512, or proved under section 505 or 507 or section track drug during the preapproval review pe- the license application under section 351 of 351(a) of the Public Health Service Act (42 riod and following approval, at least 30 days the Public Health Service Act, the applicant U.S.C. 262(a)) for such drug and is based on prior to dissemination of the materials for shall validate the effect of the change on the competent and reliable scientific evidence. such period of time as the Secretary deems identity, strength, quality, purity, and po- The requirements set forth in section 505(a), appropriate. tency of the drug as the identity, strength, 507, or section 351(a) of the Public Health ‘‘(3) EXPEDITED WITHDRAWAL OF AP- quality, purity, and potency may relate to Service Act (42 U.S.C. 262(a)) shall not apply PROVAL.—The Secretary may withdraw ap- the safety or effectiveness of the drug. to health care economic information pro- proval of a fast track drug using expedited ‘‘(2) REPORTS.—The applicant shall report vided to such a committee or entity in ac- procedures (as prescribed by the Secretary in the change described in paragraph (1) to the cordance with this paragraph. Information regulations) including a procedure that pro- Secretary and may distribute a drug made that is relevant to the substantiation of the vides an opportunity for an informal hear- after the change as follows: health care economic information presented ing, if— ‘‘(A) MAJOR MANUFACTURING CHANGES.— pursuant to this paragraph shall be made ‘‘(A) the sponsor fails to conduct any re- ‘‘(i) IN GENERAL.—Major manufacturing available to the Secretary upon request. In quired post-approval study of the fast track changes, which are of a type determined by this paragraph, the term ‘health care eco- drug with due diligence; the Secretary to have substantial potential nomic information’ means any analysis that ‘‘(B) a post-approval study of the fast track to adversely affect the identity, strength, identifies, measures, or compares the eco- drug fails to verify clinical benefit of the quality, purity, or potency of the drug as the nomic consequences, including the costs of fast track drug; identity, strength, quality, purity, and po- the represented health outcomes, of the use ‘‘(C) other evidence demonstrates that the tency may relate to the safety or effective- of a drug to the use of another drug, to an- fast track drug is not safe or effective under ness of a drug, shall be submitted to the Sec- other health care intervention, or to no conditions of use of the drug; or retary in a supplemental application and intervention.’’. ‘‘(D) the sponsor disseminates false or mis- drugs made after such changes may not be (b) STUDY AND REPORT.—The Comptroller leading promotional materials with respect distributed until the Secretary approves the General of the United States shall conduct a to the fast track drug. supplemental application. study of the implementation of the provi- ‘‘(c) REVIEW OF INCOMPLETE APPLICATIONS ‘‘(ii) DEFINITION.—In this subparagraph, sions added by the amendment made by sub- FOR APPROVAL OF A FAST TRACK DRUG.— the term ‘major manufacturing changes’ section (a). Not later than 4 years and 6 ‘‘(1) IN GENERAL.—If preliminary evalua- means— months after the date of enactment of this tion by the Secretary of clinical efficacy ‘‘(I) changes in the qualitative or quan- Act, the Comptroller General of the United data for a fast track drug under investiga- titative formulation of a drug or the speci- States shall prepare and submit to Congress tion shows evidence of effectiveness, the Sec- fications in the approved marketing applica- a report containing the findings of the study. retary shall evaluate for filing, and may tion for the drug (unless exempted by the SEC. 613. EXPEDITING STUDY AND APPROVAL OF commence review of, portions of an applica- Secretary from the requirements of this sub- FAST TRACK DRUGS. tion for the approval of the drug if the appli- paragraph); (a) IN GENERAL.—Chapter V (21 U.S.C. 351 cant provides a schedule for submission of ‘‘(II) changes that the Secretary deter- et seq.), as amended by section 102, is further information necessary to make the applica- mines by regulation or issuance of guidance amended by adding at the end the following: tion complete and any fee that may be re- require completion of an appropriate human ‘‘Subchapter E—Fast Track Drugs and quired under section 736. study demonstrating equivalence of the drug Reports of Post-Market Approval Studies ‘‘(2) EXCEPTION.—Any time period for re- to the drug manufactured before such ‘‘SEC. 561. FAST TRACK DRUGS. view of human drug applications that has changes; and ‘‘(a) DESIGNATION OF DRUG AS A FAST been agreed to by the Secretary and that has ‘‘(III) other changes that the Secretary de- TRACK DRUG.— been set forth in goals identified in letters of termines by regulation or issuance of guid- ‘‘(1) IN GENERAL.—The Secretary shall fa- the Secretary (relating to the use of fees col- ance have a substantial potential to ad- cilitate development, and expedite review lected under section 736 to expedite the drug versely affect the safety or effectiveness of and approval of new drugs and biological development process and the review of the drug. products that are intended for the treatment human drug applications) shall not apply to ‘‘(B) OTHER MANUFACTURING CHANGES.— of serious or life-threatening conditions and an application submitted under paragraph (1) ‘‘(i) IN GENERAL.—As determined by the that demonstrate the potential to address until the date on which the application is Secretary, manufacturing changes other unmet medical needs for such conditions. In complete. than major manufacturing changes shall— this Act, such products shall be known as ‘‘(d) AWARENESS EFFORTS.—The Secretary ‘‘(I) be made at any time and reported an- ‘fast track drugs’. shall— nually to the Secretary, with supporting ‘‘(2) REQUEST FOR DESIGNATION.—The spon- ‘‘(1) develop and widely disseminate to data; or sor of a drug (including a biological product) physicians, patient organizations, pharma- ‘‘(II) be reported to the Secretary in a sup- may request the Secretary to designate the ceutical and biotechnology companies, and plemental application. drug as a fast track drug. A request for the other appropriate persons a comprehensive ‘‘(ii) DISTRIBUTION OF THE DRUG.—In the designation may be made concurrently with, description of the provisions applicable to case of changes reported in accordance with or at any time after, submission of an appli- fast track drugs established under this sec- clause (i)(II)— cation for the investigation of the drug tion; and ‘‘(I) the applicant may distribute the drug under section 505(i) or section 351(a)(4) of the ‘‘(2) establish an ongoing program to en- 30 days after the Secretary receives the sup- Public Health Service Act. courage the development of surrogate plemental application unless the Secretary ‘‘(3) DESIGNATION.—Within 30 calendar days endpoints that are reasonably likely to pre- notifies the applicant within such 30-day pe- after the receipt of a request under para- dict clinical benefit for serious or life-threat- riod that prior approval of such supple- graph (2), the Secretary shall determine ening conditions for which there exist sig- mental application is required; whether the drug that is the subject of the nificant unmet medical needs.’’. ‘‘(II) the Secretary shall approve or dis- request meets the criteria described in para- (b) GUIDANCE.—Within 1 year after the date approve each such supplemental application; graph (1). If the Secretary finds that the of enactment of this Act, the Secretary of and drug meets the criteria, the Secretary shall Health and Human Services shall issue guid- ‘‘(III) the Secretary may determine types designate the drug as a fast track drug and ance for fast track drugs that describes the of manufacturing changes after which dis- shall take such actions as are appropriate to policies and procedures that pertain to sec- tribution of a drug may commence at the expedite the development and review of the tion 561 of the Federal Food, Drug, and Cos- time of submission of such supplemental ap- drug. metic Act. plication.’’. ‘‘(b) APPROVAL OF APPLICATION FOR A FAST SEC. 614. MANUFACTURING CHANGES FOR (b) EXISTING LAW.—The requirements of TRACK DRUG.— DRUGS AND BIOLOGICS. the Federal Food, Drug, and Cosmetic Act ‘‘(1) IN GENERAL.—The Secretary may ap- (a) IN GENERAL.—Chapter VII (21 U.S.C. 371 (21 U.S.C. 321 et seq.) and the Public Health prove an application for approval of a fast et seq.), as amended by section 602, is further Service Act (42 U.S.C. 201 et seq.) that are in track drug under section 505(b) or section 351 amended by adding at the end the following: effect on the date of enactment of this Act of the Public Health Service Act (21 U.S.C. ‘‘Subchapter E—Manufacturing Changes with respect to manufacturing changes shall 262) upon a determination that the drug has ‘‘SEC. 751. MANUFACTURING CHANGES. remain in effect— an effect on a surrogate endpoint that is rea- ‘‘(a) IN GENERAL.—A change in the manu- (1) for a period of 24 months after the date sonably likely to predict clinical benefit. facture of a new drug, including a biological of enactment of this Act; or

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9858 CONGRESSIONAL RECORD — SENATE September 24, 1997 (2) until the effective date of regulations after the date of receipt by the Secretary (3) in subsection (i), as so redesignated by promulgated by the Secretary of Health and and the food contact substance may be intro- paragraph (1), by adding at the end the fol- Human Services implementing section 751 of duced or delivered for introduction into lowing: ‘‘The Secretary shall by regulation the Federal Food, Drug, and Cosmetic Act, interstate commerce, unless the Secretary prescribe the procedure by which the Sec- whichever is sooner. makes a determination within the 120-day retary may deem a notification under sub- SEC. 615. DATA REQUIREMENTS FOR DRUGS AND period that, based on the data and informa- section (h) to no longer be effective.’’; and BIOLOGICS. tion before the Secretary, such use of the (4) in subsection (j), as so redesignated by Within 12 months after the date of enact- food contact substance has not been shown paragraph (1), by striking ‘‘subsections (b) to ment of this Act, the Secretary of the Health to be safe under the standard described in (h)’’ and inserting ‘‘subsections (b) to (i)’’. and Human Services, acting through the subsection (c)(3)(A), and informs the manu- (c) EFFECTIVE DATE.—Notifications under Commissioner of Food and Drugs, shall issue facturer or supplier of such determination. section 409(h) of the Federal Food, Drug, and guidance that describes when abbreviated ‘‘(B) A decision by the Secretary to object Cosmetic Act, as added by subsection (b), study reports may be submitted, in lieu of to a notification shall constitute final agen- may be submitted beginning 18 months after full reports, with a new drug application cy action subject to judicial review. the date of enactment of this Act. ‘‘(C) In this paragraph, the term ‘food con- under section 505 of the Federal Food, Drug, SEC. 617. HEALTH CLAIMS FOR FOOD PRODUCTS. tact substance’ means the substance that is and Cosmetic Act (21 U.S.C. 355) and with a Section 403(r)(3) (21 U.S.C. 343(r)(3)) is the subject of a notification submitted under biologics license application under section amended by adding at the end the following: paragraph (1), and does not include a similar 351 of the Public Health Service Act (42 ‘‘(C) Notwithstanding the provisions of or identical substance manufactured or pre- U.S.C. 262) for certain types of studies. Such clauses (A)(i) and (B), a claim of the type de- pared by a person other than the manufac- guidance shall describe the kinds of studies scribed in subparagraph (1)(B) that is not au- turer identified in the notification. for which abbreviated reports are appro- thorized by the Secretary in a regulation ‘‘(3)(A) The process in this subsection shall priate and the appropriate abbreviated re- promulgated in accordance with clause (B) be utilized for authorizing the marketing of port formats. shall be authorized and may be made if— a food contact substance except where the ‘‘(i) an authoritative scientific body of the SEC. 616. FOOD CONTACT SUBSTANCES. Secretary determines that submission and Federal Government with official responsi- (a) FOOD CONTACT SUBSTANCES.—Section review of a petition under subsection (b) is bility for public health protection or re- 409(a) (21 U.S.C. 348(a)) is amended— necessary to provide adequate assurance of search directly relating to human nutrition (1) in paragraph (1)— safety, or where the Secretary and any man- (such as the National Institutes of Health or (A) by striking ‘‘subsection (i)’’ and insert- ufacturer or supplier agree that such manu- the Centers for Disease Control and Preven- ing ‘‘subsection (j)’’; and facturer or supplier may submit a petition tion), the National Academy of Sciences, or (B) by striking at the end ‘‘or’’; under subsection (b). a subdivision of the scientific body or the (2) by striking the period at the end of ‘‘(B) The Secretary is authorized to pro- National Academy of Sciences, has published paragraph (2) and inserting ‘‘; or’’; mulgate regulations to identify the cir- an authoritative statement, which is cur- (3) by inserting after paragraph (2) the fol- cumstances in which a petition shall be filed rently in effect, about the relationship be- lowing: under subsection (b), and shall consider cri- tween a nutrient and a disease or health-re- ‘‘(3) in the case of a food additive as de- teria such as the probable consumption of lated condition to which the claim refers; fined in this Act that is a food contact sub- such food contact substance and potential ‘‘(ii) a person has submitted to the Sec- stance, there is— toxicity of the food contact substance in de- retary at least 120 days before the first intro- ‘‘(A) in effect, and such substance and the termining the circumstances in which a peti- duction of a food into interstate commerce a use of such substance are in conformity tion shall be filed under subsection (b). notice of the claim, including a concise de- with, a regulation issued under this section ‘‘(4) The Secretary shall keep confidential scription of the basis upon which such person prescribing the conditions under which such any information provided in a notification relied for determining that the requirements additive may be safely used; or under paragraph (1) for 120 days after receipt of subclause (i) have been satisfied; ‘‘(B) a notification submitted under sub- by the Secretary of the notification. After ‘‘(iii) the claim and the food for which the section (h) that is effective.’’; and the expiration of such 120 days, the informa- claim is made are in compliance with clause (4) by striking the matter following para- tion shall be available to any interested (A)(ii), and are otherwise in compliance with graph (3) (as added by paragraph (2)) and in- party except for any matter in the notifica- paragraph (a) and section 201(n); and serting the following flush sentence: tion that is a trade secret or confidential ‘‘(iv) the claim is stated in a manner so ‘‘While such a regulation relating to a food commercial information. that the claim is an accurate representation additive, or such a notification under sub- ‘‘(5)(A) Each person that submits a notifi- of the authoritative statement referred to in section (h) relating to a food additive that is cation regarding a food contact substance subclause (i) and so that the claim enables a food contact substance, is in effect, and has under this section shall be subject to the the public to comprehend the information not been revoked pursuant to subsection (i), payment of a reasonable fee. The fee shall be provided in the claim and to understand the a food shall not, by reason of bearing or con- based on the resources required to process relative significance of such information in taining such a food additive in accordance the notification including reasonable admin- the context of a total daily diet. istrative costs for such processing. with the regulation or notification, be con- For purposes of this paragraph, a statement sidered adulterated under section 402(a)(1).’’. ‘‘(B) The Secretary shall conduct a study of the costs of administering the notification shall be regarded as an authoritative state- (b) NOTIFICATION FOR FOOD CONTACT SUB- ment of such a scientific body described in STANCES.—Section 409 (21 U.S.C. 348), as program established under this section and, on the basis of the results of such study, subclause (i) only if the statement is pub- amended by subsection (a), is further amend- lished by the scientific body and shall not ined— shall, within 18 months after the date of enactment of the Food and Drug Administra- clude a statement of an employee of the sci- (1) by redesignating subsections (h) and (i), entific body made in the individual capacity as subsections (i) and (j), respectively; tion Modernization and Accountability Act of 1997, promulgate regulations establishing of the employee. (2) by inserting after subsection (g) the fol- ‘‘(D) A claim submitted under the require- lowing: the fee required by subparagraph (A). ‘‘(C) A notification submitted without the ments of clause (C), may be made until— ‘‘Notification Relating to a Food Contact appropriate fee is not complete and shall not ‘‘(i) such time as the Secretary issues an Substance become effective for the purposes of sub- interim final regulation— ‘‘(h)(1) Subject to such regulations as may section (a)(3) until the appropriate fee is ‘‘(I) under the standard in clause (B)(i), be promulgated under paragraph (3), a manu- paid. prohibiting or modifying the claim; or facturer or supplier of a food contact sub- ‘‘(D) Fees collected pursuant to this sub- ‘‘(II) finding that the requirements of stance may, at least 120 days prior to the in- section— clause (C) have not been met; or troduction or delivery for introduction into ‘‘(i) shall not be deposited as an offsetting ‘‘(ii) a district court of the United States interstate commerce of the food contact sub- collection to the appropriations for the De- in an enforcement proceeding under chapter stance, notify the Secretary of the identity partment of Health and Human Services; III has determined that the requirements of and intended use of the food contact sub- ‘‘(ii) shall be credited to the appropriate clause (C) have not been met. stance, and of the determination of the man- account of the Food and Drug Administra- Where the Secretary issues a regulation ufacturer or supplier that the intended use of tion; and under subclause (i), good cause shall be such food contact substance is safe under the ‘‘(iii) shall be available in accordance with deemed to exist for the purposes of sub- standard described in subsection (c)(3)(A). appropriation Acts until expended, without sections (b)(B) and (d)(3) of section 553 of The notification shall contain the informa- fiscal year limitation. title 5, United States Code. The Secretary tion that forms the basis of the determina- ‘‘(6) In this section, the term ‘food contact shall solicit comments in response to a regu- tion, the fee required under paragraph (5), substance’ means any substance intended for lation promulgated under subclause (i) and and all information required to be submitted use as a component of materials used in shall publish a response to such comments.’’. by regulations promulgated by the Sec- manufacturing, packing, packaging, trans- SEC. 618. PEDIATRIC STUDIES MARKETING EX- retary. porting, or holding food if such use is not in- CLUSIVITY. ‘‘(2)(A) A notification submitted under tended to have any technical effect in such (a) GENERAL AUTHORITY.—Chapter V of the paragraph (1) shall become effective 120 days food.’’; Federal Food, Drug, and Cosmetic Act (21

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9859 U.S.C. 351 et seq.) is amended by inserting to the request, and the studies are completed the reports accepted by the Secretary. Not after section 505 the following: within any such timeframe and the reports later than 90 days after the submission of the ‘‘SEC. 505A. PEDIATRIC STUDIES OF DRUGS. thereof submitted in accordance with sub- reports of the studies, the Secretary shall ac- ‘‘(a) MARKET EXCLUSIVITY FOR NEW section (d)(2) or completed within any such cept or reject such reports and so notify the DRUGS.—If, prior to approval of an applica- timeframe and the reports thereof accepted sponsor or holder. The Secretary’s only re- tion that is submitted under section in accordance with subsection (d)(3)— sponsibility in accepting or rejecting the re- 505(b)(1), the Secretary determines that in- ‘‘(1)(A) the period during which an applica- ports shall be to determine, within the 90 formation relating to the use of a drug in the tion may not be submitted under subsections days, whether the studies fairly respond to pediatric population may produce health (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 the written request, whether such studies benefits in that population, the Secretary shall be five years and six months rather have been conducted in accordance with makes a written request for pediatric studies than five years, and the references in sub- commonly accepted scientific principles and (which may include a timeframe for com- sections (c)(3)(D)(ii) and (j)(4)(D)(ii) of sec- protocols, and whether such studies have pleting such studies), and such studies are tion 505 to four years, to forty-eight months, been reported in accordance with the re- completed within any such timeframe and and to seven and one-half years shall be quirements of the Secretary for filing. the reports thereof submitted in accordance deemed to be four and one-half years, fifty- ‘‘(e) DELAY OF EFFECTIVE DATE FOR CER- with subsection (d)(2) or completed within four months, and eight years, respectively; TAIN APPLICATIONS; PERIOD OF MARKET EX- any such timeframe and the reports thereof or CLUSIVITY.—If the Secretary determines that are accepted in accordance with subsection ‘‘(B) the period of market exclusivity the acceptance or approval of an application (d)(3)— under subsections (c)(3)(D) (iii) and (iv) and under subsection (b)(2) or (j) of section 505 ‘‘(1)(A) the period during which an applica- (j)(4)(D) (iii) and (iv) of section 505 shall be for a drug may occur after submission of re- tion may not be submitted under subsections three years and six months rather than three ports of pediatric studies under this section, (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 years; and which were submitted prior to the expiration shall be five years and six months rather ‘‘(2)(A) if the drug is the subject of— of the patent (including any patent exten- than five years, and the references in sub- ‘‘(i) a listed patent for which a certifi- sion) or market exclusivity protection, but sections (c)(3)(D)(ii) and (j)(4)(D)(ii) of sec- cation has been submitted under subsection before the Secretary has determined whether tion 505 to four years, to forty-eight months, (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 the requirements of subsection (d) have been and to seven and one-half years shall be and for which pediatric studies were sub- satisfied, the Secretary shall delay the ac- deemed to be four and one-half years, fifty- mitted prior to the expiration of the patent ceptance or approval under subsection (b)(2) four months, and eight years, respectively; (including any patent extensions); or or (j), respectively, of section 505 until the or ‘‘(ii) a listed patent for which a determination under subsection (d) is made, ‘‘(B) the period of market exclusivity certification has been submitted under but such delay shall not exceed 90 days. In under subsections (c)(3)(D) (iii) and (iv) and subsection (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of the event that requirements of this section (j)(4)(D) (iii) and (iv) of section 505 shall be section 505, are satisfied, the applicable period of market three years and six months rather than three the period during which an application may exclusivity referred to in subsection (a) or years; and not be approved under subsection (c)(3) or (c) shall be deemed to have been running dur- ‘‘(2)(A) if the drug is the subject of— (j)(4)(B) of section 505 shall be extended by a ing the period of delay. ‘‘(i) a listed patent for which a certifi- period of six months after the date the pat- ‘‘(f) NOTICE OF DETERMINATIONS ON STUDIES cation has been submitted under subsection ent expires (including any patent exten- REQUIREMENT.—The Secretary shall publish (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 sions); or a notice of any determination that the re- and for which pediatric studies were sub- ‘‘(B) if the drug is the subject of a quirements of subsection (d) have been met mitted prior to the expiration of the patent listed patent for which a and that submissions and approvals under (including any patent extensions); or certification has been submitted under subsection (b)(2) or (j) of section 505 for a ‘‘(ii) a listed patent for which a certifi- subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of drug will be subject to the provisions of this cation has been submitted under subsection section 505, and in the patent infringement section. ‘‘(g) LIMITATION.—The holder of an ap- (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section litigation resulting from the certification proved application for a new drug that has 505, the court determines that the patent is valid already received six months of market exclu- and would be infringed, the period during the period during which an application may sivity under subsection (a) or (c) may, if oth- which an application may not be approved not be approved under subsection (c)(3) or erwise eligible, obtain six months of market under subsection (c)(3) or (j)(4)(B) of section (j)(4)(B) of section 505 shall be extended by a exclusivity under subsection (c)(1)(B) for a 505 shall be extended by a period of six period of six months after the date the pat- supplemental application, except that the months after the date the patent expires (in- ent expires (including any patent exten- holder is not eligible for exclusivity under sions); or cluding any patent extensions). ‘‘(d) CONDUCT OF PEDIATRIC STUDIES.— subsection (c)(2). ‘‘(B) if the drug is the subject of a ‘‘(h) STUDY AND REPORT.—The Secretary ‘‘(1) AGREEMENT FOR STUDIES.—The Sec- listed patent for which a certifi- shall conduct a study and report to Congress retary may, pursuant to a written request cation has been submitted under subsection not later than January 1, 2003 based on the for studies, after consultation with— (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, experience under the program. The study and ‘‘(A) the sponsor of an application for an and in the patent infringement litigation re- report shall examine all relevant issues, in- investigational new drug under section 505(i); sulting from the certification the court de- cluding— ‘‘(B) the sponsor of an application for a termines that the patent is valid and would ‘‘(1) the effectiveness of the program in im- drug under section 505(b)(1); or be infringed, the period during which an approving information about important pedi- ‘‘(C) the holder of an approved application plication may not be approved under sub- atric uses for approved drugs; for a drug under section 505(b)(1), section (c)(3) or (j)(4)(B) of section 505 shall ‘‘(2) the adequacy of the incentive provided be extended by a period of six months after agree with the sponsor or holder for the con- under this section; the date the patent expires (including any duct of pediatric studies for such drug. ‘‘(3) the economic impact of the program; patent extensions). ‘‘(2) WRITTEN PROTOCOLS TO MEET THE STUD- and ‘‘(b) SECRETARY TO DEVELOP LIST OF DRUGS IES REQUIREMENT.—If the sponsor or holder ‘‘(4) any suggestions for modification that FOR WHICH ADDITIONAL PEDIATRIC INFORMA- and the Secretary agree upon written proto- the Secretary deems appropriate. TION MAY BE BENEFICIAL.—Not later than 180 cols for the studies, the studies requirement ‘‘(i) TERMINATION OF MARKET EXCLUSIVITY days after the date of enactment of this sec- of subsection (a) or (c) is satisfied upon the EXTENSION AUTHORITY FOR NEW DRUGS.—Ex- tion, the Secretary, after consultation with completion of the studies and submission of cept as provided in section 618(b) of the Food experts in pediatric research (such as the the reports thereof in accordance with the and Drug Administration Modernization and American Academy of Pediatrics, the Pedi- original written request and the written Accountability Act of 1997, no period of mar- atric Pharmacology Research Unit Network, agreement referred to in paragraph (1). Not ket exclusivity shall be extended under sub- and the United States Pharmacopoeia) shall later than 60 days after the submission of the section (a) for a drug if— develop, prioritize, and publish an initial list report of the studies, the Secretary shall de- ‘‘(1) the extension would be based on stud- of approved drugs for which additional pedi- termine if such studies were or were not con- ies commenced after January 1, 2004; and atric information may produce health bene- ducted in accordance with the original writ- ‘‘(2) the application submitted for the drug fits in the pediatric population. The Sec- ten request and the written agreement and under section 505(b)(1) was not approved by retary shall annually update the list. reported in accordance with the require- January 1, 2004. ‘‘(c) MARKET EXCLUSIVITY FOR ALREADY- ments of the Secretary for filing and so no- ‘‘(j) DEFINITIONS.—In this section, the term MARKETED DRUGS.—If the Secretary makes a tify the sponsor or holder. ‘pediatric studies’ or ‘studies’ means at least written request for pediatric studies (which ‘‘(3) OTHER METHODS TO MEET THE STUDIES 1 clinical investigation (that, at the Sec- may include a timeframe for completing REQUIREMENT.—If the sponsor or holder and retary’s discretion, may include pharmaco- such studies) concerning a drug identified in the Secretary have not agreed in writing on kinetic studies) in pediatric age-groups in the list described in subsection (b) to the the protocols for the studies, the studies re- which a drug is anticipated to be used.’’. holder of an approved application under sec- quirement of subsection (a) or (c) is satisfied (b) MARKET EXCLUSIVITY UNDER OTHER AU- tion 505(b)(1) for the drug, the holder agrees when such studies have been completed and THORITY.—

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(1) THROUGH CALENDAR YEAR 2003.— accelerator, target material, electronic syn- stitute an exemption for a compounded (A) DETERMINATION.—If the Secretary re- thesizer, or other apparatus or computer pro- positron emission tomography drug from the quests or requires pediatric studies, prior to gram to be used in the preparation of such a requirements of regulations issued under sec- January 1, 2004, under Federal law other drug.’’. tion 505(i) of the Federal Food, Drug, and than section 505A of the Federal Food, Drug, (b) ADULTERATION.— Cosmetic Act (21 U.S.C. 355(i)) for such drugs. and Cosmetic Act (as added by subsection (1) IN GENERAL.—Section 501(a)(2) (21 U.S.C. (d) REVOCATION OF CERTAIN INCONSISTENT (a)), from the sponsor of an application, or 351(a)(2)) is amended by striking ‘‘; or (3)’’ DOCUMENTS.—Within 30 days after the date of the holder of an approved application, for a and inserting the following: ‘‘; or (C) if it is enactment of this Act, the Secretary of drug under section 505(b) of such Act (21 a compounded positron emission tomography Health and Human Services shall publish in U.S.C. 355(b)), the Secretary shall determine drug and the methods used in, or the facili- the Federal Register a notice terminating whether the studies meet the completeness, ties and controls used for, its compounding, the application of the following notices and timeliness, and other submission require- processing, packing, or holding do not con- rule, to the extent the notices and rule re- ments of the Federal law involved. form to or are not operated or administered late to compounded positron emission to- (B) MARKET EXCLUSIVITY.—If the Secretary in conformity with the positron emission tomography drugs: determines that the studies meet the re- mography compounding standards and the (1) A notice entitled ‘‘Regulation of quirements involved, the Secretary shall en- official monographs of the United States Positron Emission Tomographic Drug Prod- sure that the period of market exclusivity Pharmacopeia to assure that such drug ucts: Guidance; Public Workshop’’, published for the drug involved is extended for 6 meets the requirements of this Act as to in the Federal Register on February 27, 1995. months in accordance with the requirements safety and has the identity and strength, and (2) A notice entitled ‘‘Guidance for Indus- of subsection (a), (c), (e), and (g) (as appro- meets the quality and purity characteristics, try: Current Good Manufacturing Practices priate) of section 505A of such Act (as in ef- that it purports or is represented to possess; for Positron Emission Tomographic (PET) fect on the date of enactment of this Act.). or (3)’’. Drug Products; Availability’’, published in (2) CALENDAR YEAR 2004 AND SUBSEQUENT (2) SUNSET.—Section 501(a)(2)(C) of the the Federal Register on April 22, 1997. YEARS.— Federal Food, Drug, and Cosmetic Act (21 (3) A final rule entitled ‘‘Current Good (A) NEW DRUGS.—Effective January 1, 2004, U.S.C. 351(a)(2)(C)) shall not apply 4 years Manufacturing Practice for Finished Phar- if the Secretary requests or requires pedi- after the date of enactment of this Act or 2 maceuticals; Positron Emission Tomog- atric studies, under Federal law other than years after the date or which the Secretary raphy’’, published in the Federal Register on section 505A of the Federal Food, Drug, and of Health and Human Services establishes April 22, 1997. Cosmetic Act, from the sponsor of an appli- the requirements described in subsection (e) DEFINITION.—As used in this section, cation for a drug under section 505(b) of such (c)(1)(B), whichever is later. the term ‘‘compounded positron emission to- (c) REQUIREMENTS FOR REVIEW OF AP- Act, nothing in such law shall be construed mography drug’’ has the meaning given the PROVAL PROCEDURES AND CURRENT GOOD to permit or require the Secretary to ensure term in section 201 of the Federal Food, Drug MANUFACTURING PRACTICES FOR POSITRON that the period of market exclusivity for the and Cosmetic Act (21 U.S.C. 321). drug is extended. EMISSION TOMOGRAPHY.— SEC. 620. DISCLOSURE. (B) ALREADY MARKETED DRUGS.— (1) PROCEDURES AND REQUIREMENTS.— Chapter IV (21 U.S.C. 341 et seq.) is amend- (i) DETERMINATION.—Effective January 1, (A) IN GENERAL.—In order to take account ed by adding after section 403B the following: 2004, if the Secretary requests or requires pe- of the special characteristics of compounded diatric studies, under Federal law other than positron emission tomography drugs and the ‘‘DISCLOSURE section 505A of the Federal Food, Drug, and special techniques and processes required to ‘‘SEC. 403C. (a) No provision of section Cosmetic Act (as added by subsection (a)), produce these drugs, not later than 2 years 403(a), 201(n), or 409 shall be construed to re- from the holder of an approved application after the date of enactment of this Act, the quire on the label or labeling of a food a sep- for a drug under section 505(b) of such Act, Secretary of Health and Human Services arate radiation disclosure statement that is the Secretary shall determine whether the shall establish— more prominent than the declaration of in- studies meet the completeness, timeliness, (i) appropriate procedures for the approval gredients required by section 403(i)(2). and other submission requirements of the of compounded positron emission tomog- ‘‘(b) In this section, the term ‘radiation Federal law involved. raphy drugs pursuant to section 505 of the disclosure statement’ means a written state- (ii) MARKET EXCLUSIVITY.—If the Secretary Federal Food, Drug, and Cosmetic Act (21 ment that discloses that a food or a compo- determines that the studies meet the re- U.S.C. 355); and nent of the food has been intentionally sub- quirements involved, the Secretary shall en- (ii) appropriate current good manufac- ject to radiation.’’. sure that the period of market exclusivity turing practice requirements for such drugs. SEC. 621. REFERRAL STATEMENTS RELATING TO for the drug involved is extended for 6 (B) CONSIDERATIONS AND CONSULTATION.—In FOOD NUTRIENTS. months in accordance with the requirements establishing the procedures and require- Section 403(r)(2)(B) (21 U.S.C. 343(r)(2)(B)) is of subsection (a), (c), (e), and (g) (as appro- ments required by subparagraph (A), the Sec- amended to read as follows: priate) of section 505A of such Act (as in ef- retary of Health and Human Services shall ‘‘(B) If a claim described in subparagraph fect on the date of enactment of this Act.). take due account of any relevant differences (1)(A) is made with respect to a nutrient in (3) DEFINITIONS.—In this subsection: between not-for-profit institutions that com- a food, and the Secretary makes a deter- (A) DRUG.—The term ‘‘drug’’ has the mean- pound the drugs for their patients and com- mination that the food contains a nutrient ing given the term in section 201 of such Act. mercial manufacturers of the drugs. Prior to at a level that increases to persons in the (B) PEDIATRIC STUDIES.—The term ‘‘pedi- establishing the procedures and require- general population the risk of a disease or atric studies’’ has the meaning given the ments, the Secretary of Health and Human health-related condition that is diet related, term in section 505A of such Act. Services shall consult with patient advocacy then the label or labeling of such food shall (C) SECRETARY.—The term ‘‘Secretary’’ groups, professional associations, manufac- contain, prominently and in immediate prox- means the Secretary of Health and Human turers, and physicians and scientists licensed imity to such claim, the following state- Services. to make or use compounded positron emis- ment: ‘See nutrition information panel for SEC. 619. POSITRON EMISSION TOMOGRAPHY. sion tomography drugs. ll content.’ The blank shall identify the (a) REGULATION OF COMPOUNDED POSITRON (2) SUBMISSION OF NEW DRUG APPLICATIONS nutrient associated with the increased dis- EMISSION TOMOGRAPHY DRUGS UNDER THE AND ABBREVIATED NEW DRUG APPLICATIONS.— ease or health-related condition risk. In FEDERAL FOOD, DRUG, AND COSMETIC ACT.— (A) IN GENERAL.—Except as provided in making the determination described in this (1) DEFINITION.—Section 201 (21 U.S.C. 321) subparagraph (B), the Secretary of Health clause, the Secretary shall take into account is amended by adding at the end the fol- and Human Services shall not require the the significance of the food in the total daily lowing: submission of new drug applications or ab- diet.’’. ‘‘(ii) The term ‘compounded positron emis- breviated new drug applications under sub- TITLE VII—FEES RELATING TO DRUGS sion tomography drug’— section (b) or (j) of section 505 (21 U.S.C. 355), ‘‘(1) means a drug that— for compounded positron emission tomog- SEC. 701. SHORT TITLE. ‘‘(A) exhibits spontaneous disintegration of raphy drugs that are not adulterated drugs This title may be cited as the ‘‘Prescrip- unstable nuclei by the emission of positrons described in section 501(a)(2)(C) of the Fed- tion Drug User Fee Reauthorization Act of and is used for the purpose of providing dual eral Food, Drug, and Cosmetic Act (21 U.S.C. 1997’’. photon positron emission tomographic diag- 351(a)(2)(C)) (as amended by subsection (b)), SEC. 702. FINDINGS. nostic images; and for a period of 4 years after the date of enact- Congress finds that— ‘‘(B) has been compounded by or on the ment of this Act, or for 2 years after the date (1) prompt approval of safe and effective order of a practitioner who is licensed by a or which the Secretary establishes proce- new drugs and other therapies is critical to State to compound or order compounding for dures and requirements under paragraph (1), the improvement of the public health so that a drug described in subparagraph (A), and is whichever is later. patients may enjoy the benefits provided by compounded in accordance with that State’s (B) EXCEPTION.—Nothing in this Act shall these therapies to treat and prevent illness law, for a patient or for research, teaching, prohibit the voluntary submission of such and disease; or quality control; and applications or the review of such applica- (2) the public health will be served by mak- ‘‘(2) includes any nonradioactive reagent, tions by the Secretary of Health and Human ing additional funds available for the pur- reagent kit, ingredient, nuclide generator, Services. Nothing in this Act shall con- pose of augmenting the resources of the Food

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9861 and Drug Administration that are devoted to ‘‘(B) 1 plus the decimal expression of the shall be assessed an annual fee established in the process for review of human drug appli- total percentage increase for such fiscal year subsection (b) for each prescription drug es- cations; since fiscal year 1997 in basic pay under the tablishment listed in its approved human (3) the provisions added by the Prescrip- General Schedule in accordance with section drug application as an establishment that tion Drug User Fee Act of 1992 have been suc- 5332 of title 5, United States Code, as ad- manufactures the prescription drug product cessful in substantially reducing review justed by any locality-based comparability named in the application. The annual estab- times for human drug applications and payment pursuant to section 5304 of such lishment fee shall be assessed in each fiscal should be— title for Federal employees stationed in the year in which the prescription drug product (A) reauthorized for an additional 5 years, District of Columbia.’’; and named in the application is assessed a fee with certain technical improvements; and (C) by striking the second sentence; and under paragraph (3) unless the prescription (B) carried out by the Food and Drug Ad- (7) by adding at the end the following: drug establishment listed in the application ministration with new commitments to im- ‘‘(9) The term ‘affiliate’ means a business does not engage in the manufacture of the plement more ambitious and comprehensive entity that has a relationship with a second prescription drug product during the fiscal improvements in regulatory processes of the business entity if, directly or indirectly— year. The establishment fee shall be payable Food and Drug Administration; and ‘‘(A) 1 business entity controls, or has the on or before January 31 of each year. Each (4) the fees authorized by amendments power to control, the other business entity; such establishment shall be assessed only 1 made in this title will be dedicated toward or fee per establishment, notwithstanding the expediting the drug development process and ‘‘(B) a third party controls, or has power to number of prescription drug products manu- the review of human drug applications as set control both of the business entities.’’. factured at the establishment. In the event forth in the goals identified in appropriate an establishment is listed in a human drug SEC. 704. AUTHORITY TO ASSESS AND USE DRUG letters from the Secretary of Health and FEES. application by more than 1 applicant, the es- Human Services to the chairman of the Com- tablishment fee for the fiscal year shall be (a) TYPES OF FEES.—Section 736(a) (21 mittee on Commerce of the House of Rep- divided equally and assessed among the ap- U.S.C. 379h(a)) is amended— resentatives and the chairman of the Com- plicants whose prescription drug products (1) by striking ‘‘Beginning in fiscal year mittee on Labor and Human Resources of the are manufactured by the establishment dur- 1993’’ and inserting ‘‘Beginning in fiscal year Senate. ing the fiscal year and assessed product fees 1998’’; SEC. 703. DEFINITIONS. under paragraph (3). (2) in paragraph (1)— Section 735 (21 U.S.C. 379g) is amended— ‘‘(B) EXCEPTION.—If, during the fiscal year, (A) by striking subparagraph (B) and in- (1) in the second sentence of paragraph an applicant initiates or causes to be initi- serting the following: (1)— ated the manufacture of a prescription drug ‘‘(B) PAYMENT.—The fee required by sub- (A) by striking ‘‘Service Act, and’’ and in- product at an establishment listed in its paragraph (A) shall be due upon submission serting ‘‘Service Act,’’; and human drug application— (B) by striking ‘‘September 1, 1992.’’ and in- of the application or supplement.’’; ‘‘(i) that did not manufacture the product serting the following: ‘‘September 1, 1992, (B) in subparagraph (D)— in the previous fiscal year; and does not include an application for a licen- (i) in the subparagraph heading, by strik- ‘‘(ii) for which the full establishment fee sure of a biological product for further man- ing ‘‘NOT ACCEPTED’’ and inserting ‘‘RE- has been assessed in the fiscal year at a time ufacturing use only, and does not include an FUSED’’; before manufacture of the prescription drug application or supplement submitted by a (ii) by striking ‘‘50 percent’’ and inserting product was begun; ‘‘75 percent’’; State or Federal Government entity for a the applicant will not be assessed a share of (iii) by striking ‘‘subparagraph (B)(i)’’ and drug or biological product that is not distrib- the establishment fee for the fiscal year in inserting ‘‘subparagraph (B)’’; and uted commercially. Such term does include which manufacture of the product began.’’; (iv) by striking ‘‘not accepted’’ and insert- an application for licensure, as described in and ing ‘‘refused’’; and subparagraph (D), of a large volume biologi- (4) in paragraph (3)— (C) by adding at the end the following: cal product intended for single dose injection (A) in subparagraph (A)— ‘‘(E) EXCEPTION FOR DESIGNATED ORPHAN for intravenous use or infusion.’’; (i) in clause (i), by striking ‘‘is listed’’ and DRUG OR INDICATION.—A human drug applica- (2) in the second sentence of paragraph inserting ‘‘has been submitted for listing’’; (3)— tion for a prescription drug product that has and (A) by striking ‘‘Service Act, and’’ and in- been designated as a drug for a rare disease (ii) by striking ‘‘Such fee shall be payable’’ serting ‘‘Service Act,’’; and or condition pursuant to section 526 shall not and all that follows through ‘‘section 510.’’ (B) by striking ‘‘September 1, 1992.’’ and in- be subject to a fee under subparagraph (A), and inserting the following: ‘‘Such fee shall serting the following: ‘‘September 1, 1992, unless the human drug application includes be payable for the fiscal year in which the does not include a biological product that is indications for other than rare diseases or product is first submitted for listing under licensed for further manufacturing use only, conditions. A supplement proposing to in- section 510, or for relisting under section 510 and does not include a drug or biological clude a new indication for a rare disease or if the product has been withdrawn from list- product that is not distributed commercially condition in a human drug application shall ing and relisted. After such fee is paid for and is the subject of an application or sup- not be subject to a fee under subparagraph that fiscal year, such fee shall be payable on plement submitted by a State or Federal (A), provided that the drug has been des- or before January 31 of each year. Such fee Government entity. Such term does include ignated pursuant to section 526 as a drug for shall be paid only once for each product for a large volume biological product intended a rare disease or condition with regard to the a fiscal year in which the fee is payable.’’; for single dose injection for intravenous use indication proposed in such supplement. and or infusion.’’; ‘‘(F) EXCEPTION FOR SUPPLEMENTS FOR PEDI- (B) in subparagraph (B), by striking (3) in paragraph (4), by striking ‘‘without’’ ATRIC INDICATIONS.—A supplement to a ‘‘505(j).’’ and inserting the following: ‘‘505(j), and inserting ‘‘without substantial’’; human drug application for an indication for or under an abbreviated new drug applica- (4) by striking paragraph (5) and inserting use in pediatric populations shall not be as- tion pursuant to regulations in effect prior the following: sessed a fee under subparagraph (A). to the implementation of the Drug Price ‘‘(5) The term ‘prescription drug establish- ‘‘(G) REFUND OF FEE IF APPLICATION WITH- Competition and Patent Term Restoration ment’ means a foreign or domestic place of DRAWN.—If an application or supplement is Act of 1984, or is a product approved under an business which is at 1 general physical loca- withdrawn after the application or supple- application filed under section 507 that is ab- tion consisting of 1 or more buildings all of ment is filed, the Secretary may waive and breviated.’’. which are within 5 miles of each other, at refund the fee or a portion of the fee if no (b) FEE AMOUNTS.—Section 736(b) (21 U.S.C. which 1 or more prescription drug products substantial work was performed on the appli- 379h(b)) is amended to read as follows: are manufactured in final dosage forms.’’; cation or supplement after the application or ‘‘(b) FEE AMOUNTS.—Except as provided in (5) in paragraph (7)(A)— supplement was filed. The Secretary shall subsections (c), (d), (f), and (g), the fees re- (A) by striking ‘‘employees under con- have the sole discretion to waive and refund quired under subsection (a) shall be deter- tract’’ and all that follows through ‘‘Admin- a fee or a portion of the fee under this sub- mined and assessed as follows: istration,’’ and inserting ‘‘contractors of the paragraph. A determination by the Secretary ‘‘(1) APPLICATION AND SUPPLEMENT FEES.— Food and Drug Administration,’’; and concerning a waiver or refund under this ‘‘(A) FULL FEES.—The application fee under (B) by striking ‘‘and committees,’’ and in- paragraph shall not be reviewable.’’; subsection (a)(1)(A)(i) shall be $250,704 in fis- serting ‘‘and committees and to contracts (3) by striking paragraph (2) and inserting cal year 1998, $256,338 in each of fiscal years with such contractors,’’; the following: 1999 and 2000, $267,606 in fiscal year 2001, and (6) in paragraph (8)— ‘‘(2) PRESCRIPTION DRUG ESTABLISHMENT $258,451 in fiscal year 2002. (A) in subparagraph (A)— FEE.— ‘‘(B) OTHER FEES.—The fee under sub- (i) by striking ‘‘August of ’’ and inserting ‘‘(A) IN GENERAL.—Each person that— section (a)(1)(A)(ii) shall be $125,352 in fiscal ‘‘April of ’’; and ‘‘(i) is named as the applicant in a human year 1998, $128,169 in each of fiscal years 1999 (ii) by striking ‘‘August 1992’’ and inserting drug application; and and 2000, $133,803 in fiscal year 2001, and ‘‘April 1997’’; ‘‘(ii) after September 1, 1992, had pending $129,226 in fiscal year 2002. (B) by striking subparagraph (B) and in- before the Secretary a human drug applica- ‘‘(2) FEE REVENUES FOR ESTABLISHMENT serting the following: tion or supplement; FEES.—The total fee revenues to be collected

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in establishment fees under subsection (a)(2) the application fee for the first human drug (h) SPECIAL RULE FOR WAIVER, REFUNDS, shall be $35,600,000 in fiscal year 1998, application that a small business or its affil- AND EXCEPTIONS.—Any requests for waivers, $36,400,000 in each of fiscal years 1999 and iate submits to the Secretary for review. refunds, or exceptions for fees paid prior to 2000, $38,000,000 in fiscal year 2001, and After a small business or its affiliate is the date of enactment of this Act shall be $36,700,000 in fiscal year 2002. granted such a waiver, the small business or submitted in writing to the Secretary of ‘‘(3) TOTAL FEE REVENUES FOR PRODUCT its affiliate shall pay— Health and Human Services within 1 year FEES.—The total fee revenues to be collected ‘‘(i) application fees for all subsequent after the date of enactment of this Act. in product fees under subsection (a)(3) in a human drug applications submitted to the SEC. 705. ANNUAL REPORTS. fiscal year shall be equal to the total fee rev- Secretary for review in the same manner as (a) FIRST REPORT.—Beginning with fiscal enues collected in establishment fees under an entity that does not qualify as a small year 1998, not later than 60 days after the end subsection (a)(2) in that fiscal year.’’. business; and of each fiscal year during which fees are col- (c) INCREASES AND ADJUSTMENTS.—Section ‘‘(ii) all supplement fees for all supple- lected under part 2 of subchapter C of chap- 736(c) (21 U.S.C. 379h(c)) is amended— ments to human drug applications submitted ter VII of the Federal Food, Drug, and Cos- (1) in the subsection heading, by striking to the Secretary for review in the same man- metic Act (21 U.S.C. 379g et seq.), the Sec- ‘‘INCREASES AND’’; ner as an entity that does not qualify as a retary of Health and Human Services shall (2) in paragraph (1)— small business.’’. prepare and submit to the Committee on (A) by striking ‘‘(1) REVENUE’’ and all that (e) ASSESSMENT OF FEES.—Section 736(f)(1) Commerce of the House of Representatives follows through ‘‘increased by the Sec- (21 U.S.C. 379h(f)(1)) is amended— and the Committee on Labor and Human Re- retary’’ and inserting the following: ‘‘(1) IN- (1) by striking ‘‘fiscal year 1993’’ and in- sources of the Senate a report concerning FLATION ADJUSTMENT.—The fees and total fee serting ‘‘fiscal year 1997’’; and the progress of the Food and Drug Adminis- revenues established in subsection (b) shall (2) by striking ‘‘fiscal year 1992’’ and in- be adjusted by the Secretary’’; tration in achieving the goals identified in serting ‘‘fiscal year 1997 (excluding the the letter described in section 702(4) during (B) in subparagraph (A), by striking ‘‘in- amount of fees appropriated for such fiscal crease’’ and inserting ‘‘change’’; such fiscal year and the future plans of the year)’’. Food and Drug Administration for meeting (C) in subparagraph (B), by striking ‘‘in- (f) CREDITING AND AVAILABILITY OF FEES.— the goals. crease’’ and inserting ‘‘change’’; and Section 736(g) (21 U.S.C. 379h(g)) is amend- (b) SECOND REPORT.—Beginning with fiscal (D) by adding at the end the following ed— year 1998, not later than 120 days after the flush sentence: (1) in paragraph (1), by adding at the end end of each fiscal year during which fees are the following: ‘‘Such sums as may be nec- ‘‘The adjustment made each fiscal year by collected under the part described in sub- essary may be transferred from the Food and this subsection will be added on a com- section (a), the Secretary of Health and Drug Administration salaries and expenses pounded basis to the sum of all adjustments Human Services shall prepare and submit to made each fiscal year after fiscal year 1997 appropriation account without fiscal year the Committee on Commerce of the House of under this subsection.’’; limitation to such appropriation account for Representatives and the Committee on (3) in paragraph (2), by striking ‘‘October 1, salaries and expenses with such fiscal year Labor and Human Resources of the Senate a 1992,’’ and all that follows through ‘‘such limitation. The sums transferred shall be report on the implementation of the author- schedule.’’ and inserting the following: ‘‘Sep- available solely for the process for the re- ity for such fees during such fiscal year and tember 30, 1997, adjust the establishment and view of human drug applications within the the use, by the Food and Drug Administra- product fees described in subsection (b) for meaning of section 735(6).’’; tion, of the fees collected during such fiscal the fiscal year in which the adjustment oc- (2) in paragraph (2)— year for which the report is made. curs so that the revenues collected from each (A) in subparagraph (A), by striking of the categories of fees described in para- ‘‘Acts’’ and inserting ‘‘Acts, or otherwise SEC. 706. EFFECTIVE DATE. graphs (2) and (3) of subsection (b) shall be made available for obligation,’’; and The amendments made by this title shall set to be equal to the revenues collected (B) in subparagraph (B), by striking ‘‘over take effect October 1, 1997. from the category of application and supple- such costs for fiscal year 1992’’ and inserting SEC. 707. TERMINATION OF EFFECTIVENESS. ment fees described in paragraph (1) of sub- ‘‘over such costs, excluding costs paid from The amendments made by sections 703 and section (b).’’; and fees collected under this section, for fiscal 704 cease to be effective October 1, 2002 and (4) in paragraph (3), by striking ‘‘paragraph year 1997’’; and section 705 ceases to be effective 120 days (2)’’ and inserting ‘‘this subsection’’. (3) by striking paragraph (3) and inserting after such date. (d) FEE WAIVER OR REDUCTION.—Section the following: TITLE VIII—MISCELLANEOUS 736(d) (21 U.S.C. 379h(d)) is amended— ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (1) by redesignating paragraphs (1), (2), (3), SEC. 801. REGISTRATION OF FOREIGN ESTAB- There is authorized to be appropriated for LISHMENTS. and (4) as subparagraphs (A), (B), (C), and fees under this section— (D), respectively, and indenting appro- Section 510(i) (21 U.S.C. 360(i)) is amended ‘‘(A) $106,800,000 for fiscal year 1998; to read as follows: priately; ‘‘(B) $109,200,000 for fiscal year 1999; (2) by striking ‘‘The Secretary shall grant ‘‘(i)(1) Any establishment within any for- ‘‘(C) $109,200,000 for fiscal year 2000; eign country engaged in the manufacture, a’’ and all that follows through ‘‘finds that— ‘‘(D) $114,000,000 for fiscal year 2001; and ’’ and inserting the following: preparation, propagation, compounding, or ‘‘(E) $110,100,000 for fiscal year 2002, processing of a drug or a device that is im- ‘‘(1) IN GENERAL.—The Secretary shall as adjusted to reflect adjustments in the grant a waiver from or a reduction of 1 or ported or offered for import into the United total fee revenues made under this section States shall register with the Secretary the more fees assessed under subsection (a) and changes in the total amounts collected where the Secretary finds that—’’; name and place of business of the establish- by application, supplement, establishment, ment and the name of the United States (3) in subparagraph (C) (as so redesignated and product fees. by paragraph (1)), by striking ‘‘, or’’ and in- agent for the establishment. ‘‘(4) OFFSET.—Any amount of fees collected ‘‘(2) The establishment shall also provide serting a comma; for a fiscal year which exceeds the amount of (4) in subparagraph (D) (as so redesignated the information required by subsection (j). fees specified in appropriation Acts for such by paragraph (1)), by striking the period and ‘‘(3) The Secretary is authorized to enter fiscal year, shall be credited to the appro- inserting ‘‘, or’’; into cooperative arrangements with foreign priation account of the Food and Drug Ad- (5) by inserting after subparagraph (D) (as countries to ensure that adequate and effec- ministration as provided in paragraph (1), so redesignated by paragraph (1)) the fol- tive means are available for purposes of de- and shall be subtracted from the amount of lowing: termining, from time to time, whether drugs fees that would otherwise be authorized to be ‘‘(E) the applicant is a small business sub- or devices manufactured, prepared, propa- collected under appropriation Acts for a submitting its first human drug application to gated, compounded, or processed by an estab- sequent fiscal year.’’. lishment described in paragraph (1), if im- the Secretary for review.’’; and (g) REQUIREMENT FOR WRITTEN REQUESTS ported or offered for import into the United (6) by striking ‘‘In making the finding in FOR WAIVERS, REDUCTIONS, AND FEES.—Sec- paragraph (3),’’ and all that follows through tion 736 (21 U.S.C. 379h) is amended— States, shall be refused admission on any of ‘‘standard costs.’’ and inserting the fol- (1) by redesignating subsection (i) as sub- the grounds set forth in section 801(a).’’. lowing: section (j); and SEC. 802. ELIMINATION OF CERTAIN LABELING ‘‘(2) USE OF STANDARD COSTS.—In making (2) by inserting after subsection (h) the fol- REQUIREMENTS. the finding in paragraph (1)(C), the Secretary lowing: (a) PRESCRIPTION DRUGS.—Section 503(b)(4) may use standard costs. ‘‘(i) WRITTEN REQUESTS FOR WAIVERS, RE- (21 U.S.C. 353(b)(4)) is amended to read as fol- ‘‘(3) RULES RELATING TO SMALL BUSI- DUCTIONS, AND REFUNDS.—To qualify for con- lows: NESSES.— sideration for a waiver or reduction under ‘‘(4)(A) A drug that is subject to paragraph ‘‘(A) DEFINITION.—In paragraph (1)(E), the subsection (d), or for a refund, of any fee col- (1) shall be deemed to be misbranded if at term ‘small business’ means an entity that lected in accordance with subsection (a), a any time prior to dispensing the label of the has fewer than 500 employees, including em- person shall submit to the Secretary a writ- drug fails to bear, at a minimum, the symbol ployees of affiliates. ten request for such waiver, reduction, or re- ‘Rx only’. ‘‘(B) WAIVER OF APPLICATION FEE.—The fund not later than 180 days after such fee is ‘‘(B) A drug to which paragraph (1) does Secretary shall waive under paragraph (1)(E) due.’’. not apply shall be deemed to be misbranded

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9863 if at any time prior to dispensing the label of or serious injury, except that if the submis- same subject as, but is different from or in the drug bears the symbol described in sub- sion of such samples is impracticable or un- addition to, or that is otherwise not iden- paragraph (A).’’. duly burdensome, the requirement of this tical with— (b) MISBRANDED DRUG.—Section 502(d) (21 paragraph may be met by the submission of ‘‘(A) a regulation in effect with respect to U.S.C. 352(d)) is repealed. complete information concerning the loca- the drug pursuant to a statute described in (c) CONFORMING AMENDMENTS.— tion of 1 or more such devices readily avail- subsection (a)(2); or (1) Section 503(b)(1) (21 U.S.C. 353(b)(1)) is able for examination and testing.’’. ‘‘(B) any other requirement in effect with amended— SEC. 806. INTERSTATE COMMERCE. respect to the drug pursuant to an amend- (A) by striking subparagraph (A); and Section 709 (21 U.S.C. 379a) is amended by ment to such a statute made on or after the (B) by redesignating subparagraphs (B) and striking ‘‘a device’’ and inserting ‘‘a device, date of enactment of this section. (C) as subparagraphs (A) and (B), respec- food, drug, or cosmetic’’. ‘‘(2) STATE INITIATIVES.—This section shall not apply to a State public initiative enacted tively. SEC. 807. NATIONAL UNIFORMITY FOR NON- (2) Section 503(b)(3) (21 U.S.C. 353(b)(3)) is PRESCRIPTION DRUGS AND COS- prior to the date of enactment of this sec- amended by striking ‘‘section 502(d) and’’. METICS. tion. (3) Section 102(9)(A) of the Controlled Sub- (a) NONPRESCRIPTION DRUGS.—Chapter VII ‘‘(e) NO EFFECT ON PRODUCT LIABILITY stances Act (21 U.S.C. 802(9)(A)) is amended— (21 U.S.C. 371 et seq.), as amended by section LAW.—Nothing in this section shall be con- (A) in clause (i), by striking ‘‘(i)’’; and 614(a), is further amended by adding at the strued to modify or otherwise affect any ac- (B) by striking ‘‘(ii)’’ and all that follows. end the following: tion or the liability of any person under the product liability law of any State. SEC. 803. CLARIFICATION OF SEIZURE AUTHOR- ‘‘Subchapter F—National Uniformity for Non- ‘‘(f) STATE ENFORCEMENT AUTHORITY.— ITY. prescription Drugs and Preemption for La- Nothing in this section shall prevent a State Section 304(d)(1) (21 U.S.C. 334(d)(1)) is beling or Packaging of Cosmetics or political subdivision thereof from enforc- amended— ‘‘SEC. 761. NATIONAL UNIFORMITY FOR NON- ing, under any relevant civil or other en- (1) in the fifth sentence, by striking ‘‘para- PRESCRIPTION DRUGS. forcement authority, a requirement that is graphs (1) and (2) of section 801(e)’’ and in- ‘‘(a) IN GENERAL.—Except as provided in identical to a requirement of this Act.’’. serting ‘‘subparagraphs (A) and (B) of section subsection (b), (c)(1), (d), (e), or (f), no State (b) INSPECTIONS.—Section 704(a)(1) (21 801(e)(1)’’; and or political subdivision of a State may estab- U.S.C. 374(a)(1)) is amended by striking ‘‘pre- (2) by inserting after the fifth sentence the lish or continue in effect any requirement— scription drugs’’ each place it appears and following: ‘‘Any person seeking to export an ‘‘(1) that relates to the regulation of a drug inserting ‘‘prescription drugs, nonprescrip- imported article pursuant to any of the pro- that is not subject to the requirements of tion drugs intended for human use,’’. visions of this subsection shall establish that section 503(b)(1) or 503(f)(1)(A); and (c) MISBRANDING.—Paragraph (1) of section the article was intended for export at the ‘‘(2) that is different from or in addition to, 502(e) (21 U.S.C. 352(e)(1)) is amended to read time the article entered commerce.’’. or that is otherwise not identical with, a re- as follows: ‘‘(1)(A) If it is a drug, unless its label bears, SEC. 804. INTRAMURAL RESEARCH TRAINING quirement under this Act, the Poison Pre- to the exclusion of any other nonproprietary AWARD PROGRAM. vention Packaging Act of 1970 (15 U.S.C. 1471 name (except the applicable systematic Chapter IX (21 U.S.C. 391 et seq.), as et seq.), or the Fair Packaging and Labeling chemical name or the chemical formula)— amended by section 203, is further amended Act (15 U.S.C. 1451 et seq.). ‘‘(i) the established name (as defined in by adding at the end the following: ‘‘(b) EXEMPTION.— subparagraph (3)) of the drug, if there is such ‘‘SEC. 907. INTRAMURAL RESEARCH TRAINING ‘‘(1) IN GENERAL.—Upon application of a a name; AWARD PROGRAM. State or political subdivision thereof, the ‘‘(ii) the established name and quantity or, ‘‘(a) IN GENERAL.—The Secretary, acting Secretary may by regulation, after notice if deemed appropriate by the Secretary, the through the Commissioner of Food and and opportunity for written and oral presen- proportion of each active ingredient, includ- Drugs, may, directly or through grants, con- tation of views, exempt from subsection (a), ing the quantity, kind, and proportion of any tracts, or cooperative agreements, conduct under such conditions as may be prescribed and support intramural research training in alcohol, and also including whether active or in such regulation, a State or political sub- not the established name and quantity or if regulatory scientific programs by division requirement that— predoctoral and postdoctoral scientists and deemed appropriate by the Secretary, the ‘‘(A) protects an important public interest proportion of any bromides, ether, chloro- physicians, including support through the that would otherwise be unprotected, includ- use of fellowships. form, acetanilide, acetophenetidin, ing the health and safety of children; amidopyrine, antipyrine, atropine, hyoscine, ‘‘(b) LIMITATION ON PARTICIPATION.—A re- ‘‘(B) would not cause any drug to be in vio- cipient of a fellowship under subsection (a) hyoscyamine, arsenic, digitalis, digitalis lation of any applicable requirement or pro- glucosides, mercury, ouabain, strophanthin, may not be an employee of the Federal Gov- hibition under Federal law; and ernment. strychnine, thyroid, or any derivative or ‘‘(C) would not unduly burden interstate preparation of any such substances, con- ‘‘(c) SPECIAL RULE.—The Secretary, acting commerce. through the Commissioner of Food and tained therein: Provided, That the require- ‘‘(2) TIMELY ACTION.—The Secretary shall ment for stating the quantity of the active Drugs, may support the provision of assist- make a decision on the exemption of a State ance for fellowships described in subsection ingredients, other than the quantity of those or political subdivision requirement under specifically named in this paragraph, shall (a) through a Cooperative Research and De- paragraph (1) not later than 120 days after re- velopment Agreement.’’. not apply to nonprescription drugs not in- ceiving the application of the State or polit- tended for human use; and SEC. 805. DEVICE SAMPLES. ical subdivision under paragraph (1). ‘‘(iii) the established name of each inactive (a) RECALL AUTHORITY.— ‘‘(c) SCOPE.— ingredient listed in alphabetical order on the (1) IN GENERAL.—Section 518(e)(2) (21 U.S.C. ‘‘(1) IN GENERAL.—This section shall not outside container of the retail package and, 360h(e)(2)) is amended by adding at the end apply to— if deemed appropriate by the Secretary, on the following: ‘‘(A) any State or political subdivision re- the immediate container, as prescribed in ‘‘(C) If the Secretary issues an amended quirement that relates to the practice of regulation promulgated by the Secretary, order under subparagraph (A), the Secretary pharmacy; or but nothing in this clause shall be deemed to may require the person subject to the order ‘‘(B) any State or political subdivision re- require that any trade secret be divulged: to submit such samples of the device and of quirement that a drug be dispensed only Provided, That the requirements of this components of the device as the Secretary upon the prescription of a practitioner li- clause with respect to alphabetical order may reasonably require. If the submission of censed by law to administer such drug. shall apply only to nonprescription drugs such samples is impracticable or unduly bur- ‘‘(2) SAFETY OR EFFECTIVENESS.—For pur- that are not also cosmetics: and Provided fur- densome, the requirement of this subpara- poses of subsection (a), a requirement that ther, That this clause shall not apply to non- graph may be met by the submission of com- relates to the regulation of a drug shall be prescription drugs not intended for human plete information concerning the location of deemed to include any requirement relating use. 1 or more such devices readily available for to public information or any other form of ‘‘(B) For any prescription drug the estab- examination and testing.’’. public communication relating to a warning lished name of such drug or ingredient, as (2) TECHNICAL AMENDMENT.—Section of any kind for a drug. the case may be, on such label (and on any 518(e)(2)(A) (21 U.S.C. 360h(e)(2)(A)) is amend- ‘‘(d) EXCEPTIONS.— labeling on which a name for such drug or ined by striking ‘‘subparagraphs (B) and (C)’’ ‘‘(1) IN GENERAL.—In the case of a drug de- gredient is used) shall be printed promi- and inserting ‘‘subparagraph (B)’’. scribed in subsection (a)(1) that is not the nently and in type at least half as large as (b) RECORDS AND REPORTS ON DEVICES.— subject of an application approved under sec- that used thereon for any proprietary name Section 519(a) (21 U.S.C. 360i(a)) is amended tion 505 or 507 or a final regulation promul- or designation for such drug or ingredient: by inserting after paragraph (9) the fol- gated by the Secretary establishing condi- Provided, That to the extent that compliance lowing: tions under which the drug is generally rec- with the requirements of clause (A)(ii) or ‘‘(10) may reasonably require a manufac- ognized as safe and effective and not mis- (iii) or this clause of this subparagraph is im- turer or importer to submit samples of a de- branded, subsection (a) shall apply only with practicable, exemptions shall be established vice and of components of the device that respect to a requirement of a State or polit- by regulations promulgated by the Sec- may have caused or contributed to a death ical subdivision of a State that relates to the retary.’’.

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(d) COSMETICS.—Subchapter F of chapter disseminate the information described in scope of the registry requirements set forth VII, as amended by subsection (a), is further such subparagraph. The Secretary shall dis- in subsection (j) of section 402 of the Public amended by adding at the end the following: seminate such information through informa- Health Service Act; and ‘‘SEC. 762. PREEMPTION FOR LABELING OR PACK- tion systems, which shall include toll-free (B) the adverse impact, if any, on device AGING OF COSMETICS. telephone communications, available to indi- innovation and research in the United States ‘‘(a) IN GENERAL.—Except as provided in viduals with serious or life-threatening dis- if information relating to such device inves- subsection (b), (d), or (e), a State or political eases and conditions, to other members of tigation is required to be publicly disclosed. subdivision of a State shall not impose or the public, to health care providers, and to SEC. 809. APPLICATION OF FEDERAL LAW TO THE continue in effect any requirement for label- researchers. PRACTICE OF PHARMACY ing or packaging of a cosmetic that is dif- ‘‘(3) The data bank shall include the fol- COMPOUNDING. ferent from or in addition to, or that is oth- lowing: Section 503 (21 U.S.C. 353) is amended by erwise not identical with a requirement spe- ‘‘(A) A registry of clinical trials (whether adding at the end the following: cifically applicable to a particular cosmetic federally or privately funded) of experi- ‘‘(h)(1) Sections 501(a)(2)(B), 502(f)(1), 502(l), 505, and 507 shall not apply to a drug product or class of cosmetics under this Act, the Poi- mental treatments for serious or life-threat- if— son Prevention Packaging Act of 1970 (15 ening diseases and conditions under regula- ‘‘(A) the drug product is compounded for U.S.C. 1471 et seq.), or the Fair Packaging tions promulgated pursuant to sections 505 an identified individual patient, based on a and Labeling Act (15 U.S.C. 1451 et seq.). and 520 of the Federal Food, Drug, and Cos- medical need for a compounded product— ‘‘(b) EXEMPTION.—Upon application of a metic Act that provides a description of the ‘‘(i) by a licensed pharmacist in a State li- State or political subdivision thereof, the purpose of each experimental drug or bio- censed pharmacy or a Federal facility, or a Secretary may by regulation after notice logical protocol, either with the consent of licensed physician, on the prescription order and opportunity for written and oral presen- the protocol sponsor, or when a trial to test tation of views, exempt from subsection (a), of a licensed physician or other licensed efficacy begins. Information provided shall practitioner authorized by State law to pre- under such conditions as may be prescribed consist of eligibility criteria, a description of in such regulation, a State or political subscribe drugs; or the location of trial sites, and a point of con- ‘‘(ii) by a licensed pharmacist or licensed division requirement for labeling and pack- tact for those wanting to enroll in the trial, aging that— physician in limited quantities, prior to the and shall be in a form that can be readily un- ‘‘(1) protects an important public interest receipt of a valid prescription order for the derstood by members of the public. Such in- that would otherwise be unprotected; identified individual patient, and is com- formation must be forwarded to the data ‘‘(2) would not cause a cosmetic to be in pounded based on a history of the licensed bank by the sponsor of the trial not later violation of any applicable requirements or pharmacist or licensed physician receiving than 21 days after the approval by the Food prohibition under Federal law; and valid prescription orders for the and Drug Administration. ‘‘(3) would not unduly burden interstate compounding of the drug product that have ‘‘(B) Information pertaining to experi- commerce. been generated solely within an established mental treatments for serious or life-threat- ‘‘(c) SCOPE.—For purposes of subsection (a), relationship between the licensed phar- ening diseases and conditions that may be a reference to a State requirement that re- macist, or licensed physician, and— lates to the packaging or labeling of a cos- available— ‘‘(I) the individual patient for whom the metic means any specific requirement relat- ‘‘(i) under a treatment investigational new prescription order will be provided; or ing to the same aspect of such cosmetic as a drug application that has been submitted to ‘‘(II) the physician or other licensed practi- requirement specifically applicable to that the Food and Drug Administration pursuant tioner who will write such prescription particular cosmetic or class of cosmetics to part 312 of title 21, Code of Federal Regu- order; and under this Act for packaging or labeling, in- lations; or ‘‘(B) the licensed pharmacist or licensed cluding any State requirement relating to ‘‘(ii) as a Group C cancer drug. physician— public information or any other form of pub- The data bank may also include information ‘‘(i) compounds the drug product using lic communication. pertaining to the results of clinical trials of bulk drug substances— ‘‘(d) NO EFFECT ON PRODUCT LIABILITY such treatments, with the consent of the ‘‘(I) that— LAW.—Nothing in this section shall be con- sponsor, including information concerning ‘‘(aa) comply with the standards of an ap- strued to modify or otherwise affect any ac- potential toxicities or adverse effects associ- plicable United States Pharmacopeia or Na- tion or the liability of any person under the ated with the use or administration of such tional Formulary monograph; or product liability law of any State. experimental treatments. ‘‘(bb) in a case in which such a monograph ‘‘(e) STATE INITIATIVE.—This section shall ‘‘(4) The data bank shall not include infor- does not exist, are drug substances that are not apply to a State requirement adopted by mation relating to an investigation if the covered by regulations issued by the Sec- a State public initiative or referendum en- sponsor has provided a detailed certification retary under paragraph (3); acted prior to September 1, 1997.’’. to the Secretary that disclosure of such in- ‘‘(II) that are manufactured by an estab- SEC. 808. INFORMATION PROGRAM ON CLINICAL formation would substantially interfere with lishment that is registered under section 510 TRIALS FOR SERIOUS OR LIFE- the timely enrollment of subjects in the in- (including a foreign establishment that is THREATENING DISEASES. vestigation, unless the Secretary, after the registered under section 510(i)); and (a) IN GENERAL.—Section 402 of the Public receipt of the certification, provides the ‘‘(III) that are accompanied by valid cer- Health Service Act (42 U.S.C. 282) is amend- sponsor with a detailed written determina- tificates of analysis for each bulk drug sub- ed— tion that finds that such disclosure would stance; (1) by redesignating subsections (j) and (k) not substantially interfere with such enroll- ‘‘(ii) compounds the drug product using in- as subsections (k) and (l), respectively; and ment. gredients (other than bulk drug substances) (2) by inserting after subsection (i), the fol- ‘‘(5) For the purpose of carrying out this that comply with the standards of an appli- lowing: subsection, there are authorized to be appro- cable United States Pharmacopeia or Na- ‘‘(j)(1) The Secretary, acting through the priated such sums as may be necessary. Fees tional Formulary monograph and the United Director of the National Institutes of Health collected under section 736 of the Federal States Pharmacopeia chapter on pharmacy and subject to the availability of appropriations, shall establish, maintain, and operate Food, Drug, and Cosmetic Act (21 U.S.C. compounding; a program with respect to information on re- 379h) shall not be authorized or appropriated ‘‘(iii) only advertises or promotes the search relating to the treatment, detection, for use in carrying out this subsection.’’. compounding service provided by the li- and prevention of serious or life-threatening (b) COLLABORATION AND REPORT.— censed pharmacist or licensed physician and diseases and conditions. The program shall, (1) IN GENERAL.—The Secretary of Health does not advertise or promote the with respect to the agencies of the Depart- and Human Services, the Director of the Na- compounding of any particular drug, class of ment of Health and Human Services, be inte- tional Institutes of Health, and the Commis- drug, or type of drug; grated and coordinated, and, to the extent sioner of Food and Drugs shall collaborate to ‘‘(iv) does not compound a drug product practicable, coordinated with other data determine the feasibility of including device that appears on a list published by the Sec- banks containing similar information. investigations within the scope of the reg- retary in the Federal Register of drug prod- ‘‘(2)(A) After consultation with the Com- istry requirements set forth in subsection (j) ucts that have been withdrawn or removed missioner of Food and Drugs, the directors of of section 402 of the Public Health Service from the market because such drug products the appropriate agencies of the National In- Act. or components of such drug products have stitutes of Health (including the National Li- (2) REPORT.—Not later than 2 years after been found to be unsafe or not effective; brary of Medicine), and the Director of the the date of enactment of this section, the ‘‘(v) does not compound a drug product Centers for Disease Control and Prevention, Secretary of Health and Human Services that is identified by the Secretary in regula- the Secretary shall, in carrying out para- shall prepare and submit to the Committee tion as presenting demonstrable difficulties graph (1), establish a data bank of informa- on Labor and Human Resources of the Sen- for compounding that reasonably dem- tion on clinical trials for drugs, and ate and the Committee on Commerce of the onstrate an adverse effect on the safety or biologicals, for serious or life-threatening House of Representatives a report that shall effectiveness of that drug product; and diseases and conditions. consider, among other things— ‘‘(vi) does not distribute compounded drugs ‘‘(B) In carrying out subparagraph (A), the (A) the public health need, if any, for in- outside of the State in which the drugs are Secretary shall collect, catalog, store, and clusion of device investigations within the compounded, unless the principal State

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agency of jurisdiction that regulates the ‘‘(c) STATUS OF STUDIES AND REPORTS.—The would be considered to be scientifically practice of pharmacy in such State has en- Secretary shall annually develop and publish sound by experts qualified by scientific tered into a memorandum of understanding in the Federal Register a report that pro- training or experience to evaluate the safety with the Secretary regarding the regulation vides a status of the postmarketing studies— or effectiveness of the drug, biological prod- of drugs that are compounded in the State ‘‘(1) that sponsors have entered into agree- uct, or device that is the subject of such clin- and are distributed outside of the State, that ments to conduct; and ical investigation; and provides for appropriate investigation by the ‘‘(2) for which reports have been submitted ‘‘(B) is not false, not misleading, and would State agency of complaints relating to com- under subsection (a)(1).’’. not pose a significant risk to the public pounded products distributed outside of the (b) REPORT TO CONGRESSIONAL COMMIT- health. State. TEES.—Not later than October 1, 2001, the ‘‘(3) COMMITMENT TO FILE A SUPPLEMENTAL ‘‘(2)(A) The Secretary shall, after consulta- Secretary shall prepare and submit to the APPLICATION; INCENTIVES FOR RESEARCH.— tion with the National Association of Boards Committee on Labor and Human Resources ‘‘(A) IN GENERAL.—A manufacturer may of Pharmacy, develop a standard memo- of the Senate and the Committee on Com- disseminate information about a use not de- randum of understanding for use by States in merce of the House of Representatives a re- scribed in the approved labeling of a drug, bi- complying with paragraph (1)(B)(vi). port containing— ological product, or device pursuant to para- ‘‘(B) Paragraph (1)(B)(vi) shall not apply to (1) a summary of the reports submitted graph (1) only if— a licensed pharmacist or licensed physician, under section 562 of the Federal Food, Drug, ‘‘(i) the manufacturer has submitted to the who does not distribute inordinate amounts and Cosmetic Act; and Secretary a certification that the studies of compounded products outside of the State, (2) an evaluation of— needed to file a supplemental application for until— (A) the performance of the sponsors in ful- such use have been completed and such sup- ‘‘(i) the date that is 180 days after the de- filling the agreements with respect to the plement will be filed within 6 months after velopment of the standard memorandum of conduct of postmarketing studies described the date of the initial dissemination of infor- understanding; or in such section of such Act; mation under paragraph (1); or ‘‘(ii) the date on which the State agency (B) the timeliness of the Secretary’s review ‘‘(ii)(I) the manufacturer has submitted to enters into a memorandum of understanding of the postmarketing studies; and the Secretary a proposed protocol and sched- under paragraph (1)(B)(vi), (C) any legislative recommendations re- ule for conducting the studies needed to sub- whichever occurs first. specting postmarketing studies. mit a supplemental application for such use ‘‘(3) The Secretary, after consultation with SEC. 811. INFORMATION EXCHANGE. and has certified that the supplement will be the United States Pharmacopeia Convention submitted within 36 months after the date of (a) IN GENERAL.—Chapter VII (2 U.S.C. 371 Incorporated, shall promulgate regulations the initial dissemination of information limiting compounding under paragraph et seq.), as amended by section 807, is further amended by adding at the end the following: under paragraph (1); and (1)(B)(i)(I)(bb) to drug substances that are ‘‘(II) the Secretary has determined that components of drug products approved by ‘‘Subchapter G—Dissemination of Treatment the protocol for conducting such studies is the Secretary and to other drug substances Information adequate and that the schedule for com- as the Secretary may identify. ‘‘SEC. 771. DISSEMINATION OF TREATMENT IN- pleting such studies is reasonable. ‘‘(4) The provisions of paragraph (1) shall FORMATION ON DRUGS, BIOLOGICAL ‘‘(B) EXTENSION.— not apply— PRODUCTS, AND DEVICES. ‘‘(i) LONGER PERIOD OF TIME.—The Sec- ‘‘(A) to compounded positron emission to- ‘‘(a) DISSEMINATION OF TREATMENT INFOR- retary may grant a longer period of time for mography drugs as defined in section 201(ii); MATION.— a manufacturer to submit a supplemental ap- or ‘‘(1) IN GENERAL.—Notwithstanding sec- plication pursuant to subparagraph (A) if the ‘‘(B) to radiopharmaceuticals. tions 301(d), 502(f), 505, and 507 and section 351 Secretary determines that the studies need- ‘‘(5) In this subsection, the term ‘com- of the Public Health Service Act (42 U.S.C. ed to submit a supplemental application can- pound’ does not include to mix, reconstitute, 262), and subject to the requirements of para- not be completed and submitted within 36 or perform another similar act, in accord- graphs (2) through (6) and subsection (b), a months. ance with directions contained in approved manufacturer may disseminate to a health ‘‘(ii) EXTENSION OF 3-YEAR PERIOD.—The drug labeling provided by a drug manufac- care practitioner, a pharmacy benefit man- Secretary may extend the time within which turer and other drug manufacturer direc- ager, a health maintenance organization or a manufacturer must submit a supplemental tions consistent with that labeling.’’. other managed health care organization, or a application pursuant to subparagraph (A) if SEC. 810. REPORTS OF POSTMARKETING AP- health care insurer or governmental agency, PROVAL STUDIES. the manufacturer demonstrates that the written information concerning the safety, manufacturer has acted with due diligence to (a) IN GENERAL.—Chapter V (21 U.S.C. 351 effectiveness, or benefit (whether or not such et seq.), as amended by section 613(a), is fur- conduct the studies in a timely manner. information is contained in the official label- ther amended by adding at the end the fol- Such extension shall not exceed a period of ing) of a drug, biological product, or device lowing: 24 months. for which— ‘‘(C) EXEMPTIONS.—A manufacturer may ‘‘SEC. 562. REPORTS OF POSTMARKETING STUD- IES. ‘‘(A) an approval of an application filed file a request for an exemption from the re- ‘‘(a) SUBMISSION.— under section 505(b), 505(j), or 515, a clearance quirements set forth in subparagraph (A). ‘‘(1) IN GENERAL.—A sponsor of a drug that in accordance with section 510(k), an ap- Such request shall be submitted in the form has entered into an agreement with the Sec- proval in accordance with section 507, or a and manner prescribed by the Secretary and retary to conduct a postmarketing study of biologics license issued under section 351 of shall demonstrate that— a drug shall submit to the Secretary, within the Public Health Service Act, is in effect; ‘‘(i) due to the size of the patient popu- 1 year after the approval of such drug and and lation or the lack of potential benefit to the annually thereafter until the study is com- ‘‘(B) if the use is not described in the ap- sponsor, the cost of obtaining clinical infor- pleted or terminated, a report of the progress proved labeling of the product, the manufac- mation and submitting a supplemental appli- of the study or the reasons for the failure of turer has submitted to the Secretary a cer- cation is economically prohibitive; or the sponsor to conduct the study. The report tification that a supplemental application ‘‘(ii) it would be unethical to conduct the shall be submitted in such form as prescribed for that use will be submitted to the Sec- studies necessary to obtain adequate evi- by the Secretary in regulations issued by the retary pursuant to paragraph (3) or the man- dence for approval of a supplemental applica- Secretary. ufacturer has received an exemption under tion. ‘‘(2) AGREEMENTS PRIOR TO EFFECTIVE paragraph (3)(C). The Secretary shall act on a request for an DATE.—An agreement entered into between ‘‘(2) AUTHORIZED INFORMATION.—A manu- exemption under this subparagraph within 60 the Secretary and a sponsor of a drug, prior facturer may disseminate the written infor- days after the receipt of the request. If the to the date of enactment of this section, to mation under paragraph (1) only if the infor- Secretary fails to act within 60 days, the conduct a postmarketing study of a drug mation— manufacturer may begin to disseminate in- shall be subject to the requirements of para- ‘‘(A) is in the form of an unabridged— formation pursuant to paragraph (1) without graph (1). An initial report for such an agree- ‘‘(i) reprint or copy of a peer-reviewed arti- complying with subparagraph (A). If the Sec- ment shall be submitted within 6 months cle from a scientific or medical journal (as retary subsequently denies the request for an after the date of the issuance of the regula- defined in subsection (c)(5)) of a clinical in- exemption, the manufacturer either shall tions under paragraph (1). vestigation, with respect to a drug, biologi- cease dissemination or shall comply with the ‘‘(b) CONSIDERATION OF INFORMATION AS cal product or device, that would be consid- requirements of subparagraph (A) within 60 PUBLIC INFORMATION.—Any information per- ered to be scientifically sound by experts days after such denial. If the manufacturer taining to a report described in paragraph (1) qualified by scientific training or experience ceases dissemination pursuant to this sub- shall be considered to be public information to evaluate the safety or effectiveness of the paragraph solely on the basis that the manu- to the extent that the information is nec- drug, biological product, or device that is the facturer does not comply with subparagraph essary— subject of such clinical investigation; or (A), the Secretary may take appropriate cor- ‘‘(1) to identify the sponsor; and ‘‘(ii) reference textbook (as defined in sub- rective action, but may not order the manu- ‘‘(2) to establish the status of a study de- section (c)(4)) that includes information facturer to take corrective action. scribed in subsection (a) and the reasons, if about a clinical investigation with respect to ‘‘(D) REPORT.—A manufacturer who sub- any, for any failure to carry out the study. a drug, biological product, or device, that mits a certification to the Secretary under

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subparagraph (A) shall provide the Secretary ‘‘(6) CESSATION OF DISSEMINATION; CORREC- device means a use of a drug, biological prod- periodic reports that describe the status of TIVE ACTION.—The Secretary may order a uct, or device not included in the approved the studies being conducted to obtain ade- manufacturer to cease the dissemination of labeling of such drug, biological product, or quate evidence for approval of a supple- all information being disseminated pursuant device. mental application. to paragraph (1) if— ‘‘(4) REFERENCE TEXTBOOK.—The term ‘ref- ‘‘(4) INFORMATION ON NEW USES.— ‘‘(A) the Secretary finds that a supple- erence textbook’ means a reference publica- ‘‘(A) IN GENERAL.—If the information being mental application does not contain ade- tion that— disseminated under paragraph (1) meets the quate information for approval for the use ‘‘(A) has not been written, edited, ex- requirements of this section, a manufacturer that is the subject of the information; cerpted, or published specifically for, or at may disseminate information under para- ‘‘(B) the Secretary determines, after an in- the request of a manufacturer of a drug, bio- graph (1) concerning the new use of a drug, formal hearing, that the manufacturer is not logical product, or device; biological product, or device (described in acting with due diligence to complete the ‘‘(B) has not been edited or significantly paragraph (1)) 60 calendar days after the studies necessary to file a supplemental ap- influenced by a manufacturer of a drug, bio- manufacturer has submitted to the Sec- plication for the use that is the subject of logical product, or device; retary— the information being disseminated; or ‘‘(C) is not solely distributed through a ‘‘(i) a copy of the information; and ‘‘(C) the Secretary determines that the in- manufacturer of a drug, biological product, ‘‘(ii) any clinical trial information the formation being disseminated does not com- or device but is generally available in book- manufacturer has relating to the safety or ply with the requirements set forth in this stores or other distribution channels where efficacy of the new use, any reports of clin- section, after providing notice, an oppor- medical textbooks are sold; ical experience pertinent to the safety of the tunity for a meeting, and for minor viola- ‘‘(D) does not focus on any particular drug, new use, and a summary of such informa- tions of this section (if there has been sub- biological product, or device of a manufac- tion. stantial compliance with this section), an turer that disseminates information under opportunity to correct such information. If any of the information required to be pro- subsection (a), and does not have a primary vided under clause (ii) has already been pro- If the Secretary orders cessation of dissemi- focus on new uses of drugs, biological prod- vided to the Secretary, the manufacturer nation pursuant to this paragraph, the Sec- ucts, or devices that are marketed or under may meet the requirements of clause (ii) by retary may order the manufacturer to take investigation by a manufacturer supporting providing any such information obtained by appropriate corrective action. the dissemination of information; and the manufacturer since the manufacturer’s ‘‘(7) SPONSORED RESEARCH.—If a manufac- ‘‘(E) presents materials that are not false last submission to the Secretary and a sum- turer has sponsored research that results in or misleading. mary that identifies the information pre- information as described in paragraph (2)(A), ‘‘(5) SCIENTIFIC OR MEDICAL JOURNAL.—The viously provided. another manufacturer may not distribute term ‘scientific or medical journal’ means a the information under this section, unless ‘‘(B) ADDITIONAL INFORMATION.—If the Sec- scientific or medical publication— retary determines that the information sub- such manufacturer is required by the Sec- ‘‘(A) that is published by an organization— mitted by a manufacturer under subpara- retary to distribute the information. ‘‘(i) that has an editorial board; ‘‘(b) DISCLOSURE STATEMENT.—In order to graph (A)(i) with respect to a new use of a ‘‘(ii) that utilizes experts, who have dem- afford a full and fair evaluation of the infor- onstrated expertise in the subject of an arti- drug, biological product, or device fails to mation described in subsection (a), a manu- provide data, analyses, or other written mat- cle under review by the organization and facturer disseminating the information shall who are independent of the organization, to ter, that is objective and balanced, the Sec- include along with the information— retary may require the manufacturer to dis- review and objectively select, reject, or pro- ‘‘(1) a prominently displayed statement vide comments about proposed articles; and seminate along with the information de- that discloses— scribed in subparagraph (A)— ‘‘(iii) that has a publicly stated policy, to ‘‘(A) that the information concerns a use of which the organization adheres, of full dis- ‘‘(i) additional information with respect to a drug, biological product, or device or other the new use of the drug, biological product, closure of any conflict of interest or biases attribute of a drug, biological product, or de- for all authors or contributors involved with or device that— vice that has not been approved by the Food the journal or organization; ‘‘(I) is in the form of an article described in and Drug Administration; ‘‘(B) whose articles are peer-reviewed and paragraph (2)(A); and ‘‘(B) if applicable, that the information is published in accordance with the regular ‘‘(II) provides data, analyses, or other writ- being disseminated at the expense of the peer-review procedures of the organization; ten matter, that is scientifically sound; manufacturer; ‘‘(C) that is generally recognized to be of ‘‘(ii) additional objective and scientifically ‘‘(C) if applicable, the name of any authors national scope and reputation; sound information that pertains to the safe- of the information who are employees of, or ‘‘(D) that is indexed in the Index Medicus ty or efficacy of the use and is necessary to consultants to, or have received compensa- of the National Library of Medicine of the provide objectivity and balance, including tion from, the manufacturer, or who have a National Institutes of Health; any information that the manufacturer has significant financial interest in the manufac- submitted to the Secretary, or where appro- turer; ‘‘(E) that presents materials that are not priate, a summary of such information, or ‘‘(D) the official labeling for the drug, bio- false or misleading; and any other information that the Secretary logical product, or device and all updates ‘‘(F) that is not in the form of a special has authority to make available to the pub- with respect to the labeling; supplement that has been funded in whole or lic; ‘‘(E) if applicable, a statement that there in part by 1 or more manufacturers. ‘‘(iii) an objective statement prescribed by are products or treatments that have been ‘‘(d) CONSTRUCTION.—Nothing in this sec- the Secretary based on information de- approved for the use that is the subject of tion shall be construed as prohibiting a man- scribed in clause (i) or (ii), provided the man- the information being disseminated pursuant ufacturer from disseminating information in ufacturer has access to the data that forms to subsection (a)(1); and response to an unsolicited request from a the basis of such statement unless the Sec- ‘‘(F) the identification of any person that health care practitioner. retary is prohibited from making such data has provided funding for the conduct of a ‘‘(e) STUDIES AND REPORTS.— available to the manufacturer; and study relating to a new use of a drug, bio- ‘‘(1) GENERAL ACCOUNTING OFFICE.— ‘‘(iv) a statement that describes any pre- logical product, or device for which such in- ‘‘(A) IN GENERAL.—The Comptroller Gen- vious public announcements by the Sec- formation is being disseminated; and eral of the United States shall conduct a retary relevant to the new use. ‘‘(2) a bibliography of other articles from a study to determine the impact of this sec- ‘‘(5) NEW INFORMATION.—If a manufacturer scientific reference textbook or scientific or tion on the resources of the Department of that is disseminating information pursuant medical journal that have been previously Health and Human Services. to paragraph (1) becomes aware of new infor- published about the new use of a drug, bio- ‘‘(B) REPORT.—Not later than January 1, mation relating to the safety or efficacy of a logical product, or device covered by the in- 2002, the Comptroller General of the United new use of a drug, biological product, or de- formation disseminated (unless the informa- States shall prepare and submit to the Com- vice for which information was disseminated tion already includes such bibliography). mittee on Labor and Human Resources of the under paragraph (1), the manufacturer shall ‘‘(c) DEFINITIONS.—As used in this section: Senate and the Committee on Commerce of notify the Secretary with respect to the new ‘‘(1) HEALTH CARE PRACTITIONER.—The term the House of Representatives a report of the information. If the Secretary determines ‘health care practitioner’ means a medical results of the study. that the new information demonstrates that provider that is licensed to prescribe a drug ‘‘(2) DEPARTMENT OF HEALTH AND HUMAN a drug, biological product, or device may not or biological product, or to prescribe or use SERVICES.— be effective or may present a significant risk a device, for the treatment of a disease or ‘‘(A) IN GENERAL.—In order to assist Con- to public health, the Secretary shall, in con- other medical condition. gress in determining whether the provisions sultation with the manufacturer, take such ‘‘(2) MANUFACTURER.—The term ‘manufac- of this section should be extended beyond the appropriate action as the Secretary deter- turer’ includes a person who manufactures, termination date specified in section 811(e) mines necessary to ensure public health and distributes, or markets a drug, biological of the Food and Drug Administration Mod- safety. The Secretary may limit the types of product, or device. ernization and Accountability Act of 1997, new information that must be submitted ‘‘(3) NEW USE.—The term ‘new use’ used the Secretary of Health and Human Services under this paragraph. with respect to a drug, biological product, or shall, in accordance with subparagraph (B),

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9867 arrange for the conduct of a study of the sci- ‘‘SEC. 773. CONSTRUCTION. port or information), such report or informa- entific issues raised as a result of the enact- ‘‘(a) DISSEMINATION OF INFORMATION ON tion shall not be construed to necessarily re- ment of this section, including issues relat- DRUGS OR DEVICES NOT EVIDENCE OF IN- flect a conclusion by the entity or the Sec- ing to— TENDED USE.—Notwithstanding subsection retary that the report or information con- ‘‘(i) the effectiveness of this section with (a), (f), or (o) of section 502, or any other prostitutes an admission that the product in- respect to the provision of useful scientific vision of law, the dissemination of informa- volved caused or contributed to an adverse information to health care practitioners; tion relating to a new use of a drug or de- experience, or otherwise caused or contrib- ‘‘(ii) the quality of the information being vice, in accordance with section 771, shall uted to a death, serious injury, serious ill- disseminated pursuant to the provisions of not be construed by the Secretary as evi- ness, or malfunction. Such an entity need this section; dence of a new intended use of the drug or not admit, and may deny, that the report or ‘‘(iii) the quality and usefulness of the in- device that is different from the intended use information submitted by the entity con- formation provided, in accordance with this of the drug or device set forth in the official stitutes an admission that the product in- section, by the Secretary or by the manufac- labeling of the drug or device. Such dissemi- volved caused or contributed to an adverse turer at the request of the Secretary; and nation shall not be considered by the Sec- experience or caused or contributed to a ‘‘(iv) the impact of this section on research retary as labeling, adulteration, or mis- death, serious injury, serious illness, or mal- in the area of new uses, indications, or dos- branding of the drug or device. function.’’. ages, particularly the impact on pediatric in- ‘‘(b) PATENT PROTECTION.—Nothing in sec- Mr. JEFFORDS. Mr. President, I dications and rare diseases. tion 771 shall affect patent rights in any move to reconsider the vote. ‘‘(3) PROCEDURE FOR STUDY.— manner. Mr. COATS. I move to lay that mo- ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(c) AUTHORIZATION FOR DISSEMINATION OF tion on the table. quest the Institute of Medicine of the Na- ARTICLES AND FEES FOR REPRINTS OF ARTI- The motion to lay on the table was tional Academy of Sciences to conduct the CLES.—Nothing in section 771 shall be con- agreed to. study required by paragraph (2), and to pre- strued as prohibiting an entity that pub- Mr. JEFFORDS. Mr. President, I lishes a scientific journal (as defined in sec- pare and submit the report required by sub- thank my colleagues and I thank them paragraph (B), under an arrangement by tion 771(c)(5)) from requiring authorization which the actual expenses incurred by the from the entity to disseminate an article profusely for their vote, for their sup- Institute of Medicine in conducting the published by such entity and from charging port in the committee, and all the study and preparing the report will be paid fees for the purchase of reprints of published work that has gone into this. But, as by the Secretary. If the Institute of Medicine articles from such entity.’’. we all know, there are people who work is unwilling to conduct the study under such (b) PROHIBITED ACT.—Section 301 (21 U.S.C. behind the scenes, those who are prob- an arrangement, the Secretary shall enter 331), as amended by section 205(b), is further ably more responsible for this vote into a similar arrangement with another ap- amended by adding at the end the following: than we on the floor are. I just want to propriate nonprofit private group or associa- ‘‘(y) The dissemination of information pursuant to section 771 by a manufacturer who take a moment to thank the staff. tion under which the group or association In the office of Senate Legislative will conduct the study and prepare and sub- fails to comply with the requirements of mit the report. such section.’’. Counsel, Robin Bates, Elizabeth Al- ‘‘(B) REPORT.—Not later than September (c) REGULATIONS.—Not later than 1 year dridge, and Bill Baird worked tirelessly 30, 2005, the Institute of Medicine, the group, after the date of enactment of this Act, the to produce countless bill drafts and or association, as appropriate, shall prepare Secretary of Health and Human Services amendments. And how they came out and submit to the Committee on Labor and shall promulgate regulations to implement with them as expeditiously as they did, Human Resources of the Senate, the Com- the amendments made by this section. I’m not sure. mittee on Commerce of the House of Rep- (d) EFFECTIVE DATE.—The amendments The staff at CRS, especially Donna resentatives, and the Secretary a report of made by this section shall take effect 1 year Vogt, and at GAO, including Bernice the results of the study required by para- after the date of enactment of this Act, or upon the Secretary’s issuance of final regula- Steinhardt deserve thanks for their graph (2). The Secretary, after the receipt of willingness to provide essential infor- the report, shall make the report available tions pursuant to subsection (c), whichever to the public. is sooner. mation and documents on extremely ‘‘(4) AUTHORIZATION OF APPROPRIATION.— (e) TERMINATION OF EFFECTIVENESS.—The short notice. We must always remem- There are authorized to be appropriated such amendments made by this section cease to ber to appreciate these organizations sums as are necessary to carry out this sub- be effective September 30, 2006, or 7 years that provide so much assistance to the section. after the date on which the Secretary pro- Congress. mulgates the regulations described in sub- The staff to the members of the com- ‘‘SEC. 772. ESTABLISHMENT OF LIST OF ARTICLES section (c), whichever is later. AND TEXTBOOKS DISSEMINATED mittee contributed greatly to the suc- SEC. 812. REAUTHORIZATION OF CLINICAL PHAR- AND LIST OF PROVIDERS THAT RE- MACOLOGY PROGRAM. cess of this bill. In particular, Vince CEIVED ARTICLES AND REFERENCE Ventimiglia with Senator COATS’ staff TEXTBOOKS. Section 2 of Public Law 102–222 (105 Stat. 1677) is amended— worked closely with ours in a true ‘‘(a) IN GENERAL.—A manufacturer that (1) in subsection (a), by striking ‘‘a grant’’ partnership on all aspects of S. 830. disseminates information in the form of arti- and all that follows through ‘‘Such grant’’ In addition, Kimberly Spaulding with cles or reference textbooks under section 771 and inserting the following: ‘‘grants for a Senator GREGG, Sue Ramthun with shall prepare and submit to the Secretary bi- pilot program for the training of individuals Senator FRIST, Saira Sultan with Sen- annually— in clinical pharmacology at appropriate ator DEWINE, and Kate Lambrew-Hull ‘‘(1) a list containing the titles of the arti- medical schools. Such grants’’; and with Senator HUTCHINSON all played cles and reference textbooks relating to the (2) in subsection (b), by striking ‘‘to carry important roles in fashioning com- new use of drugs, biological products, and de- out this section’’ and inserting ‘‘, and for fis- vices that were disseminated by the manu- cal years 1998 through 2002 $3,000,000 for each promises on key provisions of this bill. facturer to a person described in section fiscal year, to carry out this section’’. Also, Mark Smith with Senator MACK’s 771(a)(1) for the 6-month period preceding the SEC. 813. MONOGRAPH FOR SUNBURN PROD- staff worked very hard to make the date on which the manufacturer submits the UCTS. agreement on off-label dissemination list to the Secretary; and Not later than 18 months after the date of of information possible. ‘‘(2) a list that identifies the categories of enactment of this Act, the Secretary of I would also like to thank the many providers (as described in section 771(a)(1)) Health and Human Services shall issue a staff of the administration who have that received the articles and reference text- final monograph for over-the-counter sun- worked on this legislation. books for the 6-month period described in burn products for prevention or treatment of In particular, I want to thank Bill paragraph (1). sunburn. Schultz, Diane Thompson, and Peggy ‘‘(b) RECORDS.—A manufacturer that dis- SEC. 814. SAFETY REPORT DISCLAIMERS. Dotzel, of the FDA. seminates information under section 771 Chapter IX (21 U.S.C. 391 et seq.), as Similarly, three staffers for members shall keep records that identify the recipi- amended by section 804, is further amended of the minority on the committee ents of articles and textbooks provided pur- by adding at the end the following: played pivotal roles even before com- suant to section 771. Such records are to be ‘‘SEC. 908. SAFETY REPORT DISCLAIMERS. mittee markup took place in making used by the manufacturer when, pursuant to ‘‘With respect to any entity that submits this bill a bipartisan success. section 771(a)(6), such manufacturer is re- or is required to submit a safety report or quired to take corrective action and shall be other information in connection with the Lynne Lawrence with Senator MI- made available to the Secretary, upon re- safety of a product (including a product KULSKI deserves special mention in rec- quest, for purposes of ensuring or taking cor- which is a food, drug, new drug, device, die- ognition of her hard work in the last rective action pursuant to paragraph (3), (5), tary supplement, or cosmetic) under this Act Congress on FDA reform and her will- or (6) of section 771(a). (and any release by the Secretary of that re- ingness to put her future career plans

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9868 CONGRESSIONAL RECORD — SENATE September 24, 1997 on hold to commit herself again to the Mr. KENNEDY. Mr. President, in unanimous consent they be allowed full long hard job of bringing this bill to typical fashion, Senator JEFFORDS has privilege of the floor during the consid- the floor this year. Jeanne Ireland with given great credit where credit is due, eration of S. 1156, the D.C. appropria- Senator DODD and Linda DeGutis, a fel- and as I mentioned just before, the tions bill. low with Senator WELLSTONE also pro- chairman of our committee really de- The list follows: vided invaluable assistance. serves credit for the passage of this Mary Beth Nethercutt; Jay Kimmitt; Of course I would like to thank the very important bill. I commend him. Terry Sauvain; Neyla Arnas;s Kate O’Malley; Labor and Human Resources Com- If I could, I will just take a moment David Landers; Liz Tankersley; Quinn Dodd; mittee majority and minority staffs of the Senate’s time, but I think it is and Jim Hyland. who did the most work on this. In par- important to mention on our side The PRESIDING OFFICER. Without ticular, I want to recognize Susan David Nexon and Diane Robertson, who objection, it is so ordered. Hattan who stayed on with the com- worked so closely with us; Jim Manly, Mr. FAIRCLOTH. Mr. President, I am mittee after Senator Kassebaum’s re- Debbie Kochevar, Meg Archdeacon, pleased to present the fiscal year 1998 tirement. Burt Cowgill, Susan Hammersten, Jon- District of Columbia appropriations She, and another Senator Kassebaum athan Halperin, and Danielle Drissel, bill to the Senate. This budget is the first I have had staffer, Jane Williams, who is now on Carrie Coberly and Addy Schmidt; the opportunity to present to the Sen- the staff of Representative FRED Bonnie Hogue on Senator REED’s staff ate since becoming the chairman of the UPTON, worked long hours last year to and Deborah Walker on Senator BINGA- District of Columbia Appropriations put FDA reform on the Senate agenda MAN’s staff; Sabrina Corlette with Sen- Subcommittee. This is essentially a and brought a bill to successful com- ator HARKIN and Anne-Marie Murphy clean bill, with no new policy riders. mittee markup in the last Congress— with Senator DURBIN. I am very pleased that this budget I would like to believe the staffs have we stand here today in large part due was reported favorably by the full Ap- been helpful to all of us and don’t work to their hard work. propriations Committee by a vote of 27 On the minority staff, I would like to so much in a partisan way as in a com- to 1. This is a bipartisan bill, and a bill thank Nick Littlefield and David mon spirit, to try to advance the com- that reflects the consensus of both the Nexon and two minority fellows Diane mon interests. That has been, cer- Financial Control Board established by Robertson and Debbie Kochever. Fi- tainly, true on this legislation. Congress and the city’s elected leader- nally, I would like to thank the major- I thank all of those, and the majority staff as well, for all of their courtesies ship. ity staff director Mark Powden, Jay This budget of $4.2 billion is a small- and for their cooperation. I think the Hawkins, and majority fellow Sean er budget than last year’s $5.1 billion record ought to show the dedication of, Donohue. budget for two reasons. I want to take a moment to elaborate really, an outstanding group of men First, the Federal Government is pro- on my comments regarding one of the and women who have really served the viding the city with fewer Federal dol- majority staff who has worked so dili- Senate very, very well. I thank the lars. This past July, Congress enacted gently on this measure—Jay Hawkins. chairman. landmark legislation restructuring the Mr. JEFFORDS. Mr. President, I Jay joined my staff in January—lit- city’s budget, transferring some city thank the ranking minority member erally hit the ground running—and I functions to the Federal Government, on my committee for his words. I com- don’t think he has stopped moving and in exchange, cutting the Federal mend him, also. We disagreed rather since. payment to the District. He has set a new standard of dedica- strongly on one issue here, but 19 out That legislation also added some im- tion for professional staff to find the of 20 we were together and worked to- portant management reforms at my best solution in a difficult and con- gether, and certainly that’s a pretty urging. I’ll have more to say about troversial policy arena. He has been sa- good average. these structural changes and manage- Mr. President, I suggest the absence luted by other Senators’ staffs, from ment reforms in a moment. both majority and minority offices, for of a quorum. Second, this is a smaller budget be- The PRESIDING OFFICER. The his willingness to include them in all cause it is the first balanced budget clerk will call the roll. aspects of this effort. submitted to the Congress by city offi- The legislative clerk proceeded to Mr. President, part of the job descrip- cials since 1993. That one proved very tion for Senate staff is to take abuse. call the roll. Mr. FAIRCLOTH. Mr. President, I unbalanced. This one will be balanced. Jay unfortunately received more than As many of my colleagues know, the ask unanimous consent that the order his share, but it said more about his law enacted by Congress in 1995 cre- for the quorum call be rescinded. critics than him. ating a Financial Control Board in- More recently—a little more than a The PRESIDING OFFICER. Without objection, it is so ordered. cluded a timetable requiring the city of month ago—Jay lost his mother to her Washington, DC to submit a balanced 4-year battle with cancer. My friend, f budget to Congress by next year. Senator HATCH, acknowledged on the DISTRICT OF COLUMBIA Fortunately, the Control Board and floor just yesterday this hardship Jay APPROPRIATIONS ACT, 1998 the D.C. Council managed to agree on faced and was eloquent in his praise for Mr. FAIRCLOTH. Mr. President, I enough spending cuts to submit a bal- both Jay and for his mother—Donna ask unanimous consent that the Sen- anced budget to Congress 1 year ahead Lotz Hawkins. Mrs. Hawkins was not ate now turn to consideration of Cal- of schedule. That is essentially the unfamiliar with challenge and adver- endar No. 155, S. 1156, the District of budget before the Senate today. sity. She was an experienced mountain Columbia appropriations bill. This balanced budget cuts roughly climber and conquered some of the The PRESIDING OFFICER. The $85 million from last year’s operating world’s most difficult mountains in the clerk will report. budget, not to mention a reduction of Alaska range, the Tetons, the Alps, and The legislative clerk read as follows: over $500 million in the direct Federal the Himalayas. She was a dedicated A bill (S. 1156) making appropriations for contribution to the city, from $712 mil- ocean swimmer and conquered the the government of the District of Columbia lion last year down to $190 million this white waters in Waikiki and Maui. and other activities chargeable in whole or year. It is clear to us who know Jay that in part against the revenues of said District Most agencies in the District of Co- he too has the spirit of taking on the for the fiscal year ending September 30, 1998, lumbia government have been cut. One task when faced with adversity and and for other purposes. exception is the police department, challenge. We know the source of that The PRESIDING OFFICER. Without which received a modest increase re- sense of commitment and we cannot objection, the Senate will proceed to flecting a citywide effort—and I might thank him enough for his efforts on the consideration of the bill. say a nationwide effort—to crack down this bill. The Senator from North Carolina. on crime within the city. I yield the floor. PRIVILEGE OF THE FLOOR Perhaps the most important point is The PRESIDING OFFICER. The Sen- Mr. FAIRCLOTH. Mr. President, I that both the Control Board and the ator from Massachusetts. send to the desk a list of staff. I ask D.C. Council have agreed to these cuts.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9869 The Control Board and the D.C. The Management Reform Act also FAIRCLOTH. I thank him for the hard Council worked together to craft a con- called for the immediate dismissal of work he has put into this bill. I thank sensus budget. That consensus has been the heads of nine major city agencies his staff, and I thank the staff on our incorporated into this bill. and called on the Mayor to either side. I think it is very fair to say they I do not think it is necessary for the nominate new officials or renominate worked beautifully together. U.S. Senate to revisit every spending the current officials to head each of the We do have basically a consensus bill decision that has been agreed upon by agencies, with each nomination subject here. There are a couple of provisions both the council and the control board, to the consent and approval of the Con- that I am sure Senator FAIRCLOTH isn’t especially since we have achieved a trol Board. In other words, a final deci- enamored with and I am sure there are balanced budget 1 year ahead of time. sion rests with the Control Board. a couple of provisions that this Senator Such decisions are long overdue even In order to preserve the checks and isn’t enamored with. I do believe in if it took some prodding from the Con- balances between the executive and the local control —that cities and counties gress to get. I think it is the responsi- legislative branches and the District of should be able to make their own poli- bility of the Senate to ratify those de- Columbia, section 133 of this appropria- cies in terms of how they spend their cisions once they have been made. tions bill makes clear that the D.C. own health funds, how they spend funds In addition to being the first bal- Council does have official responsi- that they raise. anced budget in several years, this bility for confirming the Mayor’s There are a couple of problems in budget pays for many of the structural nominations to head those agencies. this bill. But Senator FAIRCLOTH is cor- changes and management reforms, in- But then again, I reiterate, the final rect, there are no new riders here. The cluding the District of Columbia Revi- decision rests with the Control Board. problems that I have with this bill this talization Act, signed into law on Au- Some Members expressed concern to year were in this bill last year. So I gust 5, 1997. me that funding for the homeless may just hope that as we take up this last For example, the Revitalization Act be reduced by a consequence of this appropriations bill—this is the 13th transferred the city’s prison system, very tight budget. Section 146 of the one—that we will have a relatively the courts, and a huge unfunded pen- bill directs the District government to easy time of it. sion liability of $5 billion to the Fed- maintain homeless services at the I hope that any amendments that are eral Government. In exchange, the same level for fiscal year 1998 as the offered here will be noncontroversial amendments that both sides can agree Congress will no longer provide an an- level for fiscal year 1997. I think this to. Unfortunately, I am hearing that nual Federal payment of $660 million or can be accomplished in a manner that may not be the case, that this bill may a $52 million annual payment on the is consistent with the spending re- become the vehicle for some very con- pension liability. Instead, this bill pro- straints needed to maintain a balanced vides a one-time Federal contribution troversial amendments. budget. If that happens, so be it. Senator of $190 million as authorized by the Re- Perhaps no issue received more at- FAIRCLOTH and I will be on our feet, vitalization Act. Of that $190 million, tention in recent weeks than the in- and we will manage that in the best the bill directs that $30 million be ap- ability of the District’s public schools way we can with the cooperation of plied to pay down on the city’s debt. to open on time. It was a local and a colleagues. But I really do hope that The Revitalization Act has been national embarrassment. As the new Senators from both sides would refrain called a rescue plan for the District of chairman of the D.C. subcommittee, I from those kinds of amendments, be- Columbia. I feel strongly that any res- am going to make sure that such a cause this bill was a long time in com- cue plan must first rescue the city delay does not happen again. ing. This kind of consensus over the from terrible mismanagement, waste, Section 147 of this bill directs the District of Columbia was a long time in and unresponsive and irresponsible Control Board and General Becton, the coming. We put so much work into it, local government. CEO of the D.C. public schools, to re- particularly the chairman. I insisted that the rescue plan, and port to the House and Senate appro- I see that Congresswoman ELEANOR the majority leader with me insisted priations and authorizing committees HOLMES NORTON has joined us to sit in that the rescue plan include the Man- for the District of Columbia no later on this debate. There was a tremendous agement Reform Act of 1997 to begin than April 1, 1998, of any and all nec- amount of work on her part in getting the process of cleaning house in each of essary measures to ensure that the us to reach this consensus. the major city agencies. schools open on time in the fall of 1998. I have heard that it is possible we are The Management Reform Act author- Mr. President, I thank my colleagues going to have an amendment on vouch- ized the control board to hire profes- on the subcommittee, Senator BOXER, ers. I want to make the point right sional consultants to conduct a top-to- the ranking member, and Senator here as the minority ranking member bottom review of nine major city agen- HUTCHISON of Texas. that I have discussed this amendment cies to map out a plan for improving I also thank the chairman of the with my colleagues on this side. We are the quality of services. Committee on Appropriations, Senator not going to look kindly upon any This District of Columbia appropria- STEVENS, and our distinguished rank- amendment that would look at helping tions bill provides $8 million to pay for ing member, Senator BYRD, for their 2 to 3 percent of the children in Wash- the consultants to go into the various leadership and assistance on this bill. ington, DC, while leaving 97 to 98 per- city agencies. In summary, as I said, this is a con- cent of those children without any- The structural changes in the Revi- sensus bill and the first balanced budg- thing at all. talization Act provide the city with a et the District has seen in some time. Ms. MOSELEY-BRAUN. Will the Sen- one-time windfall of $200 million. I am This one truly is balanced. This bill ator yield for a question? pleased that the mayor, the council, funds the tough medicine of manage- Mrs. BOXER. I will yield in a mo- and the Control Board agreed that this ment reforms as well as restructuring ment so I do not lose this track. I will windfall should not be used for a spend- of courts and corrections enacted by absolutely yield. ing spree and that none of the funds the Congress and signed into law by I say to my colleagues who may or should go toward increasing the oper- the President. It is a good bill and it is may not be listening to the opening of ating costs of the city. a bipartisan bill. the debate, should we be faced with Of the $200 million available, $160 With that, Mr. President, I yield to that, we will have an alternative that million will be applied to pay down the our ranking member, my good friend, will help 100 percent of the children— city’s accumulated deficit. The remain- Senator BOXER. that will help 100 percent of the chil- ing $40 million will be used to make in- Mrs. BOXER addressed the Chair. dren. We are working on that because frastructure repairs and the manage- The PRESIDING OFFICER. The Sen- we are here talking about people’s ment changes and productivity im- ator from California. lives, not about philosophy of edu- provements suggested by the manage- Mrs. BOXER. Thank you very much, cation, not about trying somebody’s ment consultants. The infrastructure Mr. President. pet idea. We should not be doing that. of the city is in dire need of much im- I thank the chairman of the D.C. Ap- We should be in fact reaching out to all provement. propriations Subcommittee, Senator the children.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9870 CONGRESSIONAL RECORD — SENATE September 24, 1997 Again, I say to my colleagues, I could ought to be, in a classroom, but it just sions of the National Capital Revital- offer a number of amendments here seems to me to further displace all of ization and Self-Government Improve- that would be controversial. I do not those children because of a filibuster or ment Act of 1997, which was incor- really want to do that. I know other an argument around an experiment porated into the Balanced Budget Act colleagues could as well. I know that I with the District of Columbia schools of 1997, and enacted into law on August feel as strongly as any colleague on would be cruel to say the least, and 5, 1997. certain of these matters. But this is an certainly an unfortunate development. Subsequently, on August 14, 1997, the appropriations bill. This isn’t an au- So I commend my colleague for her President forwarded to Congress a se- thorization bill. This isn’t the edu- plea in the first instance that we not ries of budget amendments to imple- cation authorization bill where we can have this battle because there is so ment the provisions of the Revitaliza- debate, from morning till night, what much at stake, but also to put the tion Act. The bill fully funds the Presi- helps kids most—making sure that our question to her whether or not it is her dent’s revised budget and, in addition, public schools are the best in the world opinion that the District can afford to provides $8 million for management re- or taking a small segment of children delay further to wait for this appro- forms, $30 million for the full author- and saying, Well, if you draw the lucky priation to be finalized? ization of $190 million for the Federal straw, you can run away from a public Mrs. BOXER. I say to my friend, contribution and $5 million for a reim- school, instead of making that public clearly, all the work that the chairman bursement to the National Park Serv- school the greatest it could be. has done, along with Congresswoman ice for Park Police services. I have to say that I went to public NORTON, Senator HUTCHISON, myself, DISTRICT OF COLUMBIA FUNDS schools from kindergarten through col- all of our staffs, this has been hard. As In response to the Revitalization Act, lege. Some of the people who like me Senator FAIRCLOTH has said, we have a the District government, including the could say, Well, look what great things balanced budget submitted here. As a mayor and the city council, and the public schools can do, and some who do part of the agreement on the balanced control board, submitted to Congress a not, could say, You see, those public budget plan of 1997, signed into law, the consensus and balanced budget, incor- schools aren’t very good. But the bot- President forwarded to Congress a se- porating the changes made by the Re- tom line is, whatever you think of an ries of budget amendments to imple- vitalization Act. individual who did get that chance, we ment the Revitalization Act for Wash- The revised District budget for fiscal do know that we have the education in ington, DC. year 1998 is $4,693,637,000. The com- this country that we can give to our So we are moving along. It has not mittee adopted the consensus balanced children so they can be the future Sen- been easy. I think every Member of the budget without change. ators, they can be the future leaders of Senate—at least it is my feeling— GENERAL PROVISIONS the world. would like to see us turn this Capital Most of the general provisions in- When we lose that because we decide around. I think we have great pride in cluded in the bill have been included in we are going to abandon our children this Capital. We are very concerned previous years and restate existing because of some political theory, I about some of its problems. I think we law. think it is a sad state for us. So I am are on the road to addressing them. With regard to section 134, which re- very much hoping that we do not get So my colleague, in asking her ques- stricts the use of funds for abortions, into that debate. But if we do, as you tion, is implying that a delay would the bill states that no funds—Federal can see, we are prepared for it. send the wrong signal to Washington, or local—may be used for this purpose. I will be glad to yield to my friend DC, residents, would send the wrong As I said during committee markup, from Illinois. signal, frankly, to the whole country, I believe this provision to be an unwar- Ms. MOSELEY-BRAUN. Thank you. that we are backing off, and here they ranted intrusion in the affairs of the I actually was prepared to put a ques- go again, adding extraneous matters to District of Columbia and I may offer an tion to the Senator from California. a DC appropriations bill. amendment at the appropriate time to I want to commend the Senator for What I hear around is not very prom- allow the District of Columbia to use her stewardship and working with the ising. I hear that these controversial its own funds to pay for abortions for Senator from North Carolina on this amendments are coming. I make this poor women. issue because getting this appropria- plea to whoever might be listening to Another general provision prohibits tions passed for the District of Colum- this opening debate on both sides: That funds being used by the District to im- bia is not only important but long we refrain from controversial amend- plement its domestic partners law. overdue. It is unfortunate that the Dis- ments. This is the last bill we are get- Again, I believe this is an unwarranted trict winds up being a guinea pig of ting together here. We should move it and inappropriate intrusion by the sorts for every kind of experiment that forward, keep it free of this con- Federal Government into matters we have. troversy, move forward, do our busi- under local control. I just commend the Senator from ness, do our work and get on with the One general provision was included in California for the poignancy of her Senate’s business. the bill at my request. It would provide statement and her plea that amend- Mr. President, the fiscal year 1998 that the D.C. initiative homeless serv- ments not be brought to this bill that District of Columbia appropriations ices in the District of Columbia be would delay its passage. bill was reported by the Senate Appro- maintained in fiscal year 1998 at the It is kind of open knowledge that the priations Committee on September 9, fiscal year 1997 level. schools in the District of Columbia, 1997, by a vote of 26 to 1. I commend the My amendment prevents a reduction many of them, have been closed be- chairman of the subcommittee, Mr. in services to the homeless which had cause they were crumbling and falling FAIRCLOTH, for his efforts to produce a been recommended in the consensus down. The courts would not allow chil- bipartisan appropriations bill for the budget from the District. dren to attend schools in that kind of District of Columbia. While the bill Again, I commend the chairman of condition. And they have just recently contains a few provisions I do not sup- the subcommittee, Senator FAIRCLOTH, reopened. port, in most respects, I think we suc- for his efforts to produce a bipartisan In fact, we had working in my office ceeded in producing a consensus bill. bill. I would also like to express my two young high schoolers from the Dis- I will speak briefly about the three thanks to the Appropriations Com- trict of Columbia. Pursuant to a principal aspects of this bill: Federal mittee staff—Terry Sauvain of the project that Congresswoman ELEANOR funds in the bill; District of Columbia Democratic staff and Mary Beth HOLMES NORTON put together for all funds in the bill; and general provisions Nethercutt of the majority—for their the displaced children of the District, in the bill. assistance in helping us bring this bill we took two of them into our office as FEDERAL FUNDS to the floor today. interns while the schools were closed The bill includes $820 million in Finally, Mr. President, with respect down. budget authority in Federal funds for to amendments that may be offered to The schools have now reopened and the District of Columbia. These funds this bill, I hope my colleagues will re- those children are back where they are to be used to implement the provi- frain from proposing amendments that

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9871 are not germane to this measure. The is a series of technical amendments, on UNANIMOUS-CONSENT AGREEMENT—LEGISLA- new fiscal year begins in only a few behalf of myself and Senator BOXER, TIVE BRANCH APPROPRIATIONS CONFERENCE days, and the District of Columbia des- and I ask they be considered en bloc. REPORT perately needs to have its new budget The PRESIDING OFFICER. Without Mr. FAIRCLOTH. Mr. President, I in place. So I hope we can quickly pass objection, it is so ordered. ask unanimous consent at 5:45 p.m. to- a bill with broad bipartisan support The clerk will report. night the Senate proceed to the legisla- and send it to the President for signa- The legislative clerk read as follows: tive branch appropriation conference report and at that time a vote occur on ture. The Senator from North Carolina [Mr. adoption of the conference report. Mr. DOMENICI. Mr. President, the FAIRCLOTH], for himself and Mrs. BOXER, pro- pending measure is S. 1156, the fiscal poses an amendment numbered 1248. The PRESIDING OFFICER. Without year 1998 District of Columbia appro- objection, it is so ordered. Mr. FAIRCLOTH. Mr. President, I priations bill. Mr. FAIRCLOTH. I ask that it be in This appropriations bill provides Fed- ask unanimous consent reading of the order now to ask for the yeas and nays eral payments to the District of Co- amendment be dispensed with. on the conference report. lumbia totaling $820.0 million. The bill The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a provides $190 million for the Federal objection, it is so ordered. sufficient second? There is a sufficient contribution to the District of Colum- The amendment is as follows: second. bia, $169 million to operate the Dis- On page 2, strike all after the word ‘‘Au- The yeas and nays were ordered. thority’’ on line 11, to the end of line 12. trict’s correctional facilities for felons, AMENDMENT NO. 1249 $302 million to build new correctional On page 2, line 22, before the colon, insert: ‘‘, which shall be deposited into an escrow (Purpose: To provide scholarship assistance facilities to replace the Lorton facility, account held by the District of Columbia Fi- for District of Columbia elementary and $146 million to operate the District nancial Responsibility and Management As- secondary school students) Court System, $8 million to implement sistance Authority, which shall allocate the Mr. COATS. Mr. President, I send an management reform initiatives, and $5 funds to the Mayor at such intervals and in amendment to the desk and ask for its million to the National Park Service accordance with such terms and conditions immediate consideration. to support U.S. Park Police operations as it considers appropriate to implement the The PRESIDING OFFICER. The in the District. financial plan for the year’’. clerk will report. This appropriation is in addition to On page 4, line 4, strike ‘‘$116,000,000’’ and The legislative clerk read as follows: insert in lieu thereof ‘‘$103,000,000’’. the resources allocated to the District The Senator from Indiana [Mr. COATS], for On page 4, line 15, strike ‘‘$30,000,000’’ and by the Balanced Budget Act and the himself, Mr. LIEBERMAN, Mr. BROWNBACK, Mr. insert in lieu thereof ‘‘$43,000,000’’. ASHCROFT, Mr. COVERDELL and Mr. GREGG, Taxpayer Relief Act of 1997. Combined, On page 29, strike all after ‘‘the’’ on line 16, proposes an amendment numbered 1249. the two laws provide tax breaks and to the end of line 25, and insert: ‘‘District of mandatory spending worth $4.5 billion Columbia Financial Responsibility and Man- Mr. COATS. Mr. President, I ask over 10 years. Because the cost of tak- agement Assistance Authority (Authority). unanimous consent reading of the ing over the District’s $5.8-billion pen- Appropriations made by this Act for such amendment be dispensed with. sion liability is largely delayed until programs or functions are conditioned only The PRESIDING OFFICER. Without after this period, the total bailout is on the approval by the Authority of the re- objection, it is so ordered. worth substantially more to the Dis- quired reorganization plans.’’. (The text of the amendment is print- On page 33, strike all after ‘‘Financial’’ on trict. line 19, and insert: ‘‘Responsibility and Man- ed in today’s RECORD under ‘‘Amend- This appropriation bill is at the sub- agement’’. ments Submitted.’’) committee’s revised 302(b) allocation On page 41, strike all after ‘‘(B)’’ on line 24, Mr. COATS. Mr. President, I know for both budget authority and outlays. through ‘‘$129,946,000’’ on line 25, and insert: the Senator from Oregon is waiting to Mr. President, I ask unanimous con- ’’$4,811,906,000 (of which $118,269,000’’. bring forward an amendment and I will sent that a table displaying the Budget On page 42, line 16, after ‘‘Assistance,’’ in- not take but just a few minutes. We Committee scoring of the bill be print- sert: ‘‘Authority’’. have sent the amendment to the desk ed in the RECORD. On page 17, after the period on line 25, in- as the pending business. It will be desert: There being no objection, the mate- bated tomorrow. Senator LIEBERMAN rial was ordered to be printed in the CORRECTIONAL INDUSTRIES FUND and I are joining as cosponsors in offer- RECORD, as follows: For the Correctional Industries Fund, es- ing this amendment. I have a number tablished by the District of Columbia Correc- of Senators, I think on both sides of D.C. APPROPRIATIONS, 1998, SPENDING COMPARISONS— tional Industries Establishment Act, ap- the aisle, that wish to speak to it. SENATE-REPORTED BILL proved October 3, 1964 (78 Stat. 1000; Public There will be ample time for them to Law 88–622), $3,332,000 from other funds. [Fiscal year 1998, in millions of dollars] speak tomorrow on the amendments. Mrs. BOXER. Mr. President, this De- Non- Manda- They do not need to be concerned fense defense Crime tory Total amendment has been cleared, and I ask about rushing over here now. We did, for its immediate adoption. Senate-reported bill: however, want to have the amendment Budget authority ...... 820 ...... 820 Mr. FAIRCLOTH. This has been introduced so it is the pending business Outlays ...... 500 ...... 500 cleared. We urge adoption. Senate 302(b) allocation: when we begin tomorrow. Budget authority ...... 820 ...... 820 The PRESIDING OFFICER. The In brief summary, the amendment Outlays ...... 500 ...... 500 question is on agreeing to the amend- President’s request: provides opportunity scholarships for Budget authority ...... 777 ...... 777 ment. children in the District of Columbia in Outlays ...... 479 ...... 479 The amendment (No. 1248) was agreed House-passed bill: grades K through 12 whose family in- Budget authority ...... to. come is 185 percent or below the pov- Outlays ...... Senate-Reported bill com- Mr. FAIRCLOTH. Mr. President, we erty level. The scholarships can be used pared to: were expecting some other people to for tuition costs of public or private Senate 302(b) allocation: Budget authority ...... offer amendments and I assume they scholarships in the District of Colum- Outlays ...... are coming down. bia, and adjacent counties in Virginia President’s request: Budget authority ...... 43 ...... 43 In the meantime, I suggest the ab- and Maryland. Scholarships are avail- Outlays ...... 21 ...... 21 sence of a quorum. able for tutoring of students who at- House-passed bill: Budget authority ...... 820 ...... 820 The PRESIDING OFFICER. The tend public schools in the District. Outlays ...... 500 ...... 500 clerk will call the roll. The legislation creates a District of Note.—Details may not add to totals due to rounding. Totals adjusted for The bill clerk proceeded to call the Columbia Scholarship Commission, a consistency with current scorekeeping conventions. roll. seven-member private, nonprofit cor- AMENDMENT NO. 1248 Mr. FAIRCLOTH. Mr. President, I poration, to administer the scholarship (Purpose: Technical amendments on the part ask unanimous consent that the order program and certify institutions that of the managers of the bill) for the quorum call be rescinded. will be eligible to participate in the Mr. FAIRCLOTH. Mr. President, I The PRESIDING OFFICER. Without scholarship program. One board mem- send an amendment to the desk, which objection, it is so ordered. ber will be appointed by the mayor of

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9872 CONGRESSIONAL RECORD — SENATE September 24, 1997 Washington, DC, and the remaining six lumbia; it is to improve it. Our goal is cise an enormous amount of clout over are to be appointed by the President, to move from the status quo, which is a matter when time is short. three from the list of nominees pro- failing many, many students. We think Mr. President, the record is replete vided by the Speaker of the House of this is an opportunity to do that. We with statements of Members of this Representatives and three by a list of look forward to debating this issue. body who have indicated that there nominees provided by the majority I yield the floor. have been abuses of the hold, and that leader of the Senate, both in consulta- Mr. WYDEN addressed the Chair. this is a procedure that has completely tion with the minority. Members must The PRESIDING OFFICER. The Sen- gotten out of hand. Let me read from be residents of the District of Columbia ator from Oregon is recognized. the words of Senator JOHN GLENN dur- and may not be Federal Government Mr. FAIRCLOTH. Mr. President, if ing the final hours of the 101st Con- employees. the Senator from Oregon will yield, I gress. Senator GLENN said: Students whose family incomes are would like to ask for a time agreement I find it deplorable that, suddenly, anony- below the poverty line may receive a of 30 minutes for the discussion of the mously, a Senator or a combination of Sen- scholarship of up to $3,200. Students amendment Senator WYDEN has. Is ators on the Republican side can stand whose family incomes are above the that agreeable? against the strong desire of the President poverty line but below 185 percent of The PRESIDING OFFICER. The Sen- and the Office of Management and Budget for that level may receive the lesser of 75 ator from North Carolina is proposing this legislation. percent of the cost of tuition, and man- a 30-minute time agreement. Lest anyone think that this be a par- datory fees for and transportation to Mr. WYDEN. Mr. President, I need 30 tisan matter, Senator THURMOND said: attend an eligible institution, or $2,400. minutes on my side. I think abuse does arise out of that. Students receiving tutoring assistance Mr. FAIRCLOTH. Mr. President, I Senator HATCH said: are eligible for up to $500. Both of these ask unanimous consent that we have 30 We get victimized by holds, especially at figures are indexed for inflation. minutes on each side. the end of a session. If there are not sufficient funds avail- The PRESIDING OFFICER. Is there Senator LEAHY of Vermont, another able for all of the eligible applicants, objection to a 1-hour time limit equal- senior Member said: scholarships are to be awarded on a ly divided? There should not be any holds at all. random basis by a lottery selection. Without objection, it is so ordered. The lottery is required to the extent Mr. WYDEN. Mr. President, I ask He said we just should not have any practical to award an equal number of that the pending amendment be tempo- holds. tuition scholarships and scholarships rarily set aside. Well, I am not proposing anything for fees. In other words, there will be The PRESIDING OFFICER. Without like that. But I do think that every no skimming of the green, there will be objection, it is so ordered. Member of the U.S. Senate ought to be held publicly accountable. I think no biasing of the selection. If there are AMENDMENT NO. 1250 more scholarships than students, then, when one Member of the U.S. Senate (Purpose: To eliminate secret Senate moves to effectively block the consid- of course, every student would receive ‘‘holds’’) eration of a bill or a nomination, they a scholarship that requested one. It is Mr. WYDEN. Mr. President, I send an ought to make it clear to their con- on a voluntary basis. If there are more amendment to the desk and ask for its stituents that they are the individual students than scholarships, they will immediate consideration. blocking this matter. be awarded on a random basis. The The PRESIDING OFFICER. The Mr. President, as I have worked on amendment authorizes $7 million for clerk will report. this issue with Senator GRASSLEY, on a spending in fiscal 1998 out of the Fed- The bill clerk read as follows: eral contribution earmarked to repay bipartisan basis, for a year and a half, The Senator from Oregon [Mr. WYDEN], for I have found that very few Senators are the cumulative Federal fund deficit for himself and Mr. GRASSLEY, proposes an the District of Columbia. This total is amendment numbered 1250. aware of how extensive some of these $30 million. This $7 million earmark The amendment is as follows: abuses are until it happens to them. For example, I learned last year that, would leave $23 million remaining for At the appropriate place, insert: that specific purpose of deficit fund re- often, a member of the staff places a SEC. . ELIMINATING SECRET SENATE ‘‘HOLDS.’’ hold on a measure and the Senator duction. (a) STANDING ORDER.—It is a standing order I point out that that is above the of the Senate that a Senator who provides whose name in which the hold is placed amount recommended by the adminis- notice to leadership of his or her intention to isn’t even aware of it. So what you tration. The administration requested object to proceeding to a motion or matter have are secret holds, not just by some- a total Federal contribution for the shall disclose the objection (hold) in the Con- one with an election certificate, but by District of Columbia of $160 million, gressional Record not later than 2 session someone who doesn’t have an election and the bill before us, the D.C. Appro- days after the date of said notice. certificate at all—a member of the priations bill, contains $190 million. Mr. WYDEN. Mr. President, I offer staff. In summary, then, we are not taking this amendment today on behalf of my- So I believe that it is time to ensure a dollar or a penny away from the D.C. self and Senator GRASSLEY of Iowa. Mr. that the rights of Senators and the public schools. We are not taking any President, one of the most significant rights under the Senate rules afford money away from the current oper- personal powers of a U.S. Senator is substantial opportunities for Senators ating requirements of the District of the power to effectively block the con- to make sure that they are heard and, Columbia that we are funding. In fact, sideration of a bill or nomination from to represent their folks, are accom- we are adding $30 million for the pur- coming to the floor of the U.S. Senate. panied by responsibilities. I want to pose of reducing the general fund def- This power has become known as put- make it clear to each and every Sen- icit. Of that additional $30 million, we ting a ‘‘hold’’ on a measure or bill that ator that I, in no way, would limit the are earmarking $7 million for these op- a Senator opposes. It is a power that a right to filibuster. I would, in no way, portunity scholarships. U.S. Senator can exercise in secret. limit the right to ensure that they can In the interest of time, I will not con- The name of the Senator placing a hold speak at length on a motion to pro- tinue here. I will have much more to on Senate business is now held con- ceed. And, in fact, I am not even going say about this tomorrow. I am looking fidentially by party leadership. so far as to put any limits on the right forward to offering this amendment, This extraordinary power was once to place a hold on a measure or a mat- together with my counterpart, Senator used rarely by Senators, usually as a ter, other than that a U.S. Senator be LIEBERMAN. This is a bipartisan effort. matter of common courtesy. In the last public about what they are doing. We are hopeful that we can begin the 20 years, however, the hold has become As I have talked about it with my process of providing alternatives to a special tool for influence and lever- constituents, they raise serious ques- students and their parents, who do not age. It is especially valuable at this tions about whether one Member of the feel they are getting an adequate edu- time—at a time when we are moving U.S. Senate should be able to effec- cation. Our goal is not to undermine toward the end of the session—because tively block consideration of Senate the school system of the District of Co- it allows a Senator, secretly, to exer- business at all. So I think that the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9873 American people will consider this a sunshine, we all know, is the very best myself that you can do this, and, as very modest reform. I see no evidence disinfectant. It is an opportunity for Senator GRASSLEY has told me, it that citizens want this kind of infor- all Members of the U.S. Senate to have doesn’t hurt. For example, just a week mation held confidential, held secret. a chance to be part of the debate be- ago Senator SMITH and I felt strongly, So I want to make clear to my col- cause at least they will know who they on a bipartisan basis, about issues with leagues that what I am against is the are debating with. What is the most respect to a C–130 crash that carried secrecy. It is the secrecy that is wrong, ironic part of the use of the hold is Oregonians who were reservists. At not the question of whether a Senator that the Senate, in which every Mem- that time, because we were seeking an- wants to exercise their rights. ber takes pride, an institution to foster swers from the military and given the Let me also say that I think it is par- debate about important issues, doesn’t fact that the appointment of the new ticularly appropriate for the Senate to in many instances allow for a Member head of the Joint Chiefs of Staff was move now. I have discussed this, over of the U.S. Senate to even know who forthcoming, I put a hold on that nomi- the last 15 months, on a number of oc- they are debating with because one nation for a brief period of time. I casions with the majority leader, Sen- Member of the Senate has anony- made it clear on the floor and in other ator LOTT. Senator LOTT, to his credit, mously blocked the issue. So let me be forums that I was the Member of the has taken several steps to improve the clear with respect to what this legisla- Senate who did it. I published it in the procedures of the Senate and in dealing tion does. This applies to a Senator CONGRESSIONAL RECORD, just as my with the holds that I think are very who is digging in and making it clear amendment calls for. constructive. But what has not been that they object to a measure or a So, during that period, there was, done is there has been no change in the nomination. over a short few days, an effort to have Senate rules to deal with the issue that This is not an individual who perhaps a public discussion about this matter. I bring up today. A hold can still be needs to know when an amendment is There were also bipartisan discussions kept secret. A hold can still be kept coming up, or perhaps have an oppor- with Senator THURMOND and Senator confidential with the party leadership. tunity to come over to the Senate floor MCCAIN, and others were extremely So, in my view, Senator LOTT’s pro- to speak on a measure or matter. That helpful in the efforts that Senator posal and the proposal that he made on is not what is being discussed here. SMITH and I made on this matter. And January 27 of this year is a construc- What is being discussed here is making early the next week the hold that I tive one. It puts in place a number of sure that when there is a full court had, which was public, I lifted. The sensible changes, such as disallowing press to oppose a bill or a nomination needs of my constituents were ad- what are known as ‘‘block holds,’’ that that kind of opposition be brought dressed, and the American people saw a where a Senator would put a hold on a to light. good man—a good man—General block of bills. But it still keeps this We had some recent experience with Shelton, confirmed to head the Joint procedure and the use of one of the how influential polls can be. For exam- Chiefs of Staff. most extensive personal powers a U.S. ple, we saw that in the last Congress, So, Mr. President, what we have Senator has secret. So I hope that as to quote USA Today on the matter, ‘‘A done, Senator GRASSLEY and I, is we skulk of faceless Senators is using a se- the Senate considers this legislation— have practiced what we preach. We ries of parliamentary holds to dry and it is only one sentence long, it is don’t believe that it abridges our rights gulch legislation extending health in- not a complicated amendment; it is in any way. All we are saying is that surance to millions of Americans.’’ there is no reasonable place for pro- only one sentence long. I hope that the That wasn’t 20 years ago. That Senators will see this for what it is, tracted ongoing anonymous delay. wasn’t 30 years ago. That was an anon- That is what we think is wrong. There which is to bring sunlight to the debate ymous hold that was used to influence is no place, as the New York Times re- over the Senate’s rules. an important piece of health care legis- I will be speaking for a few additional cently said, for ‘‘the hold as currently lation in the last session of the U.S. minutes, Mr. President, but I under- practiced.’’ Congress. The fact is, Mr. President, So I am not suggesting today, Mr. stand that the chairman of the sub- that this procedure, which was once a committee has asked to make a change President and colleagues, that the hold matter of common courtesy, is now so be abolished. I am not suggesting that in the time for the vote that he had ar- widely used that it has become one of ranged earlier. I am happy to yield to the filibuster be changed in any way. I the most frequent ways to prevent any am not suggesting that on the motion him at this time. public disclosure of Senate business. to proceed there be any change. All I The PRESIDING OFFICER. The Sen- I hope that as we look to these last am saying is when a hold is put on a ator from North Carolina. few days of this session—I bring this to UNANIMOUS CONSENT AGREEMENT—LEGISLA- the floor now because I believe that the matter so that a Senator digs in to per- TIVE BRANCH APPROPRIATIONS CONFERENCE abuse of the hold is most likely during sonally effectively block the consider- REPORT these last few days of the session—that ation of a measure or a matter, that Mr. FAIRCLOTH. Mr. President, we take this opportunity to make the within 2 days of that time they notify speaking for the leader, I ask unani- U.S. Senate more open and more ac- party leadership that they are the indi- mous consent that the vote on the leg- countable. vidual seeking to prevent consider- islative branch appropriations con- Right now, if a Senator seeks to per- ation of that measure or matter on the ference report now occur at 6 o’clock sonally block a measure or matter, floor of the U.S. Senate, and that they today, rather than 5:45. there is no cost to them. They face no just put a little notice in the CONGRES- The PRESIDING OFFICER. Without disapproval because no one would know SIONAL RECORD. No big procedure, no objection, it is so ordered. who they were disapproving of. The hassle, just a notice, just a notice iden- The Senator from Oregon. fact is that this is a process and a tifying that Senator as the Senator AMENDMENT NO. 1250 power, an enormous power, held by the who has put a hold on a measure or Mr. WYDEN. Mr. President, this ef- U.S. Senate that is exercised in the matter. fort that Senator GRASSLEY and I have dark. It seems to me that it carries the Mr. President, my guess is that if my pursued for many months has been en- odor of back room deals, abuse of privi- amendment passes, there may be a va- dorsed by a number of groups that are lege, and a body that cares more about riety of ways that Senators may still seeking to try to make the U.S. Senate individual personal desires than those seek to vitiate the spirit of what Sen- more open in the way it conducts its of the American people. ator GRASSLEY and I are seeking to do. business. Common Cause, for example, This isn’t cutting off the right of any But I do think that passage of this is an organization that has sought to Member of the U.S. Senate. Every Sen- amendment will put the U.S. Senate on have public disclosure of this par- ator can still filibuster. Every Senator record. We will be on record for sun- ticular procedure. can still exercise their rights with re- shine. We will be on record as being op- What we are talking about here is if spect to a motion to proceed. It simply posed to secrecy, and especially we will a Member of the U.S. Senate is going says that it has to be done publicly. be taking steps so that at this time of to exercise this extraordinary, unilat- Let me also say that it has been the the session as the session moves into eral power, there should be sunshine; experience of Senator GRASSLEY and the last few weeks when history shows

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9874 CONGRESSIONAL RECORD — SENATE September 24, 1997 that you are most likely to have election certificate putting holds on Mr. JOHNSON addressed the Chair. abuses of the hold, we will have shown these matters as well. The PRESIDING OFFICER. The Sen- that we are willing to make changes The hold started out many years ago. ator from South Dakota is recognized. that hold the U.S. Senate and each I gather from historians that it is well Mr. JOHNSON. Mr. President, I ask Member here publicly accountable for over 100 years old. It started out as a unanimous consent that I may speak in their actions. matter of common courtesy. It was morning business for up to 10 minutes. Mr. President, none of us got here something that Senators did to accom- The PRESIDING OFFICER. Without easily. Like many other Senators, my modate each other to make sure that objection, it is so ordered. campaign and my election was some- an individual could be present to speak Mr. JOHNSON. I will not use the full thing of a trial by fire. No Member of on an amendment, to ensure that they 10 minutes. this body lacks fortitude. I think we would have an opportunity to be heard f can stand some extra added light. I if they had some sort of glitch in their HONORING THE LIVES OF AIRMEN think we can stand some extra added time schedule. That is not what this ANTHONY BEAT, CLAY CULVER, sunshine. I think that we can take the amendment addresses. That is not KIRK CAKERICE, AND GARY secrecy out of the hold procedure and what this amendment addresses at all. EVERETT still make sure that each and every This amendment is about ensuring that when a U.S. Senator uses all of Mr. JOHNSON. Mr. President, a B–1 Senator is able to exercise their rights bomber from Ellsworth Air Force Base and protect their constituents. their power, every bit of their power, to block a measure or a nomination, near Rapid City, SD, crashed last Fri- I believe that the passage of this day killing all four of the flight crew amendment, at a time when millions of and they exercise those extraordinary rights that each of us has, that it be members. All four men who lost their Americans are especially cynical and lives were highly decorated American skeptical about Government, will cause accompanied by a responsibility to the American people. That responsibility airmen receiving such awards as the citizens to say that the Senate is doing Meritorious Service Medal, the Air the right thing, and we will see con- to the American people is to tell them, tell your constituents, when you exer- Force Commendation Medal, the Hu- stituents have a bit more respect for manitarian Service Medal, the Combat cise this extraordinary power that you this body as a result of Senators being Readiness Medal, and the National De- are the one who did it. You are the one willing to be held publicly accountable. fense Service Medal. This amendment is not about getting who blocked a bill or a nomination. The four men were Col. Anthony rid of the hold. It is not about doing Let’s bring some sunshine here. I will tell leadership—let me say that Beat of the 28th Bomb Wing, vice com- anything to a hold other than saying mander. He was from Attica, OH, and is Senator DASCHLE and Senator LOTT that a Senator has to be publicly ac- survived by his wife, Delores Ann, and countable when that one Senator effec- have talked with me about this. Both of them have been very gracious. Sen- sons, James and Alan. Maj. Clay Culver tively moves to block the consider- was the 37th Bomb Squadron assistant ator DASCHLE indicated that he is in ation of a bill or a nomination. operations officer and weapons systems support of this. I believe that what I Mr. President, I have not been here officer. He was from Sulfur, LA, and is am proposing in this amendment com- as long as some, but I read the state- survived by his wife, Cynthia, his plements the useful changes that Sen- ments of Senators who have been here daughter, Ann, and son, Parker, all of ator LOTT, the majority leader, made for quite some time—Senator GLENN, Rapid City. Maj. Kirk Cakerice, the this January. who called it deplorable; Senator THUR- 37th Bomb Squadron assistant oper- The majority leader, Senator LOTT, MOND, who said that there has been an implemented a number of changes that ations officer and instructor pilot, was abuse; Senator HATCH, who said that I think are constructive, but they still from Eldora, IA, and is survived by his every Senator has been victimized by wife, Myra, son, Brett, and daughter, allow for the secrecy. They still allow it; and, Senator LEAHY, who went far Kendra, all of Rapid City. Capt. Gary for one Senator to effectively block far farther than anything I would be Everett was the 37th Bomb Systems talking about. He said there shouldn’t consideration of a measure or matter. I gather that the vote on this amend- weapons systems officer from Brook- be any holds at all. lyn, NY, and is survived by his parents, In fact, in my conversations with ment will be tomorrow. Mr. President, I ask unanimous con- Joseph and Dorthy Everett, of Glas- Senators, I have been told that some sent at this time to be able, prior to gow, KY, and several brothers and sis- Senators find this procedure so abhor- the vote tomorrow, to speak on this ters and fiance. rent that they will not exercise it at amendment again for up to 10 minutes, On Monday, over 1,500 friends, peers, all, and they are especially frustrated colleagues, and family mourned the to be able to ensure that Senators prior by their colleagues who do. loss of these four brave men in a me- to the vote—— So, in closing, Mr. President, let me The PRESIDING OFFICER. Is there morial service at Ellsworth Air Force go back to just how great the abuse is. objection? Base. At this time of tragedy, thoughts It is one thing if Chairman FAIR- Mr. FAIRCLOTH. There is objection. and prayers and the attention of people CLOTH or Senator BOXER or another The PRESIDING OFFICER. Objec- of the Black Hills region and the State Member of U.S. Senate puts a hold on tion is heard. of South Dakota and our Nation are a matter. All of the Senators are di- Mr. WYDEN. Mr. President, reclaim- with the families and friends of these rectly responsible to their constitu- ing the floor, will the Senator from four crewmen. ents. What I found is a lot of Senators North Carolina be open to a question at This tragic incident underscores how didn’t even know that a hold had been this time? quickly lives of even our bravest and placed on a bill in their name. Mr. FAIRCLOTH. Yes. most skilled military personnel can be One senior Member of the U.S. Sen- Mr. WYDEN. I am proposing that an lost. It is important that the legacy of ate came to me last session, and said, amendment be accepted by the Senate these four men live on as dedicated air- ‘‘I am for your bill. I think it is a good that would modestly change one of a men, proud parents, loving husbands, idea. We need some public disclosure of Senator’s most extensive powers, the grateful sons, and honorable men. Our these holds. And the reason I am for it power to secretly block a measure or loss reflects the fact that in peacetime, is a few minutes ago a Senator came up matter from coming to the Senate as well as during conflict, the men and to me and said, ‘Why do you have a floor. Does the Senator believe that it women of our military, our friends, our hold on my bill?’ And the person who is not appropriate to have 10 minutes spouses, our children, put their lives on was sympathetic to what I have been of discussion of it tomorrow before it the line each and every day to preserve trying to do said, ‘I don’t have a hold comes up? and protect our liberty as Americans. on your bill.’ ’’ It turned out that a Mr. FAIRCLOTH. It might be all Colonel Beat, Major Cakerice, Major staff person had done it in their name. right to have 10 minutes, but we will Culver, and Captain Everett were deco- So what we have is a situation where have to decide it tomorrow. I am not rated veterans and honorable men who not just are holds by Senators kept ready now to agree to it. approached their military service with anonymous and kept confidential, but The PRESIDING OFFICER. Objec- extraordinary dedication, commit- now we have staff that doesn’t have an tion is heard. ment, pride, and professionalism.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9875 In this time of tragedy, we must also Before we begin, I would like to state members of those committees have not acknowledge that our Nation is strong- for the record that the issue of pay for been able to get revenue estimates for er and our liberties more secure be- Members of Congress is not in this bill. their proposals. Without the revenue cause of the willingness of these patri- However, there were significant dif- estimates, it is almost impossible to go ots to commit their talent, their lead- ferences in the amount of funding in to the floor to offer an amendment to ership, and ultimately their lives to the House and Senate bills. The House a tax bill. the defense of our Nation. wanted to limit the growth of the legis- We have been assured by the House Colonel Beat, Major Cakerice, Major lative branch to the fiscal year 1997 that Congressman ARCHER—the current Culver, and Captain Everett were shin- level exclusive of Senate items. The chairman of the Joint Committee on ing examples of the quality, the exper- Senate had made a commitment to the Taxation is committed to working tise and the talents of the men and General Accounting Office—a commit- harder to provide to Senators and Rep- women who put on the uniforms of our ment which was made when Senator resentatives revenue estimates in a Armed Forces. MACK chaired this subcommittee and timely fashion. It is our intent to en- And so again, Mr. President, our oversaw a 25-percent reduction in GAO. sure that the Joint Committee on Tax- prayers are with the families of these This was a 25-percent reduction in ation assists all Members of Congress. four great American airmen. We know their budget and a 33-percent reduction Included in the statement of managers that every day of the week others em- in staff. I participated in the decision on page 26 of the conference report is bark on similar training experiences to reduce the agency, and I was also a language identifying the scope of the and similar endeavors. Lives are al- party to the Senate’s commitment to assistance we expect the Joint Com- ways at risk in times of peace as well stabilize the agency once it made the mittee to provide to Members. as in conflict in order to protect our reduction. Senator DORGAN shared my During the course of the next year, I liberties as Americans, including our desire to meet that commitment. would like to hear from my colleagues ability in this Senate to gather, to de- I want to thank Senator DORGAN for if they are finding the Joint Com- bate, to discuss policy issues affecting his hard work, and interest in the bill. mittee to be helpful. our Nation. It was only with his strong support In reaching this agreement, the Sen- So it is in the great effort of these that we were able to provide adequate ate came down $37 million in budget airmen, and others like them in all of funding—a $7 million increase in direct authority and the House went up $24 our branches of the military, that we appropriations plus and increase of $1.5 million. I am comfortable that the leg- owe great gratitude. All people in the million in offsetting receipts over the islative branch will be able to meet its State of South Dakota share the grief fiscal year 1997 level. oversight responsibilities with the but also the pride of these families in The Federal Government will spend funding provided in this agreement. Again, I would like to thank Senator the great contribution that these air- almost $1.7 trillion next year. The leg- DORGAN as the ranking member for his men have made to our Nation. islative branch has the responsibility hard work on reaching this agreement. I yield back my time. to oversee this budget and make sure In addition, I would like to thank Sen- The PRESIDING OFFICER. Who that taxpayer funds are being spent ator STEVEN, Senator CRAIG and Sen- yields time? wisely. GAO is responsible for identi- ator BOXER for their assistance on the Mr. FAIRCLOTH. Mr. President, I fying wasteful Federal spending and subcommittee as well as the following suggest the absence of a quorum. recommending ways in which we can staff: Christine Ciccone, Jim English, The PRESIDING OFFICER. The save billions of dollars. This past year clerk will call the roll. Mary Dewald, Mary Hawkins, Chuck GAO has identified $6 billion in meas- Turner, and Chip Yost, for their supe- The assistant legislative clerk pro- urable savings in the Federal Govern- ceeded to call the roll. rior work. ment. That does not include other sav- I thank my colleagues in advance for Mr. GORTON. Madam President, I ings which cannot be measured in dol- ask unanimous consent that the order their support of the conference report. lars—such as better organization, ways Mr. DORGAN. Madam President, I for the quorum call be rescinded. in which an agency can better serve The PRESIDING OFFICER (Ms. COL- rise in support of the conference agree- taxpayers, etc. For every $1 appro- ment to H.R. 2209, the fiscal year 1998 LINS). Without objection, it is so or- priated to GAO, they have identified dered. legislative branch appropriation bill. $50 savings. This is an agency which is The conference agreement provides a f worth the investment. total of $2.25 billion for fiscal year 1998 LEGISLATIVE BRANCH APPRO- Maintenance was another issue in for the Congress and other legislative PRIATIONS ACT, 1998—CON- this bill. I believe strongly in the need branch agencies. This represents a re- FERENCE REPORT to invest in maintenance. Saving a duction of $144 million from the budget small amount of money now on main- The PRESIDING OFFICER. The re- request. tenance will only result in higher costs port will be stated. All in all, this is a good conference The legislative clerk read as follows: in the future. agreement. I wish to take just a I learned in business that if you do minute to point out the level of fund- The committee of conference on the dis- not properly maintain your building agreeing votes of the two Houses on the ing agreed to by the conferees with re- amendments of the Senate to the bill (H.R. and equipment you will soon find your- spect to the General Accounting Office 2209) having met, after full and free con- self spending much more money to re- [GAO]. As Members are aware, an ference, have agreed to recommend and do place those items which have crumbled agreement was reached last Congress recommend to their respective Houses this or can no longer function. There are a between the GAO and appropriators to report, signed by all of the conferees. number of maintenance and security reduce the GAO’s budget by a total of The Senate proceeded to consider the items which the Senate identified as 25 percent over fiscal years 1996 and conference report. priorities such as, repairs to the Li- 1997. The GAO successfully imple- (The conference report is printed in brary of Congress roof, investment in mented a plan for this reduction, with- the House proceedings of the RECORD of the Capitol powerplant, and Capitol se- out having to be dragged kicking and September 18, 1997.) curity. screaming. Our commitment to them, Mr. BENNETT. Madam President, I Funding for the Joint Committee on in return, was to stabilize their funding am pleased to report that the House Taxation was also an issue. The Senate at that reduced level. Unfortunately, and Senate conferees reached an agree- conferees agreed at the strong urging for fiscal year 1998, the House rec- ment on funding for the legislative of the House conferees to split the dif- ommended an appropriation of only branch for the fiscal year 1998. The ference between the House and Senate $323.5 million for the GAO, a reduction agreement we reached provides for bills resulting in an increase of $91,500 of $37.9 million below their budget re- total spending of slightly under $2.5 over the Senate bill. For many years quest. The Senate bill, after thorough billion—an increase of 2 percent over now the Joint Committee on Taxation consideration and cooperation from the the fiscal year 1997 level and a decrease has operated as an extension of the Fi- GAO itself, found that an appropriation of 6 percent from the President’s budg- nance and Ways and Means commit- of $346.8 million would be sufficient to et. tees. Members of Congress who are not maintain GAO’s level of operations.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9876 CONGRESSIONAL RECORD — SENATE September 24, 1997 Madam President, this was the most improvements in the Capitol. Although $2,250 from the Library of Congress budget difficult issue in the conference. Chair- I can find nothing in the conference for official representational and reception man BENNETT joined me in urging the agrement that would ensure this is the expenses offor activities of the International House to come up substantially from case, I trust that none of the restored Copyright Institute. their level. Ultimately, the conferees funds will be used, for example, to Earmark of unlimited amount of GAO’s agreed to an appropriation of $339.5 study electromagnetic fields in the funds to finance an appropriate share of the million for fiscal year 1998, $7 million Russell Senate Office Building. expenses of: the Joint Financial Manage- ment Improvement Program, including the above the fiscal year 1997 appropriation Finally, I am disappointed that the conferees chose to specifically reverse salary of the Executive Director and secre- and $16 million above the House-passed tarial support; the National Intergovern- bill. While not providing GAO every the direction in the Senate report that mental Audit Forum or a Regional Intergov- last dollar that they would like to have would require the General Accounting ernmental Audit Forum, as determined by had, this level of funding comes very Office to place higher priority on Mem- the respective forum, including necessary close to fulfilling our commitment to bers’ requests for audits, studies, and travel expenses of non-Federal participants; the GAO. investigations. This has been a par- and the costs of the American Consortium on ticular matter of concern to me, and I International Public Administration, includ- I commend Senator BENNETT for his ing any expenses attributable to its member- fairness and the leadership he showed was pleased that the Senate Appropria- tions Committee chose to take the ini- ship in the International Institute of Admin- during our conference with the House. istrative Sciences. I also compliment the House conferees, tiative to establish the proper priority for the GAO’s work. particularly the House subcommittee REPORT LANGUAGE I am sure most of my colleagues chairman, Congressman WALSH, and have, at one time or another, been ad- $300,000 for improved lighting in the Senate his minority counterpart, Congressman vised that the GAO cannot complete Chamber. SERRANO, as well as their very capable work we have requested in a timely $100,000 to design a new subway from the staffs, Ed Lombard for the majority fashion. But I don’t know if my col- Russell Building to the Capitol Building. and Greg Dahlberg for the minority. leagues are aware that GAO does a $550,000 to modernize elevators in the Hart Madam President, I urge my col- great deal of work that is either self- Building. leagues to vote for this conference initiated or requested informally by Total Objectionable Provisions: $1.052 mil- agreement. staff members. And often this work is lion. Mr. MCCAIN. Madam President, as I placed ahead of work that is requested Mr. DOMENICI. Madam President, I said when this bill came before the by Members in the GAO’s assignment rise in support of the conference report Senate for consideration, this is, over- of staff and resources to complete the on H.R. 2209, the legislative branch ap- all, a good bill. It contains very few of work. I don’t believe most of my col- propriations bill for fiscal year 1998. the types of earmarks and set-asides leagues would think that is the proper for pork-barrel spending that are in- prioritization for an agency that works The bill, as reported, provides $2.25 cluded in most of the appropriations for the Congress. billion in new budget authority and $2 bills. Frankly, I can see no good reason billion in outlays for the Congress and Of course, I don’t believe I have ever why the conferees took the unusual other legislative branch agencies, in- had the pleasure of reading an appro- step of repudiating this very much- cluding the Library of Congress, the priations bill that is completedly de- needed directive. Unfortunately, how- General Accounting Office, and the void of earmarks, and this bill is no ex- ever, because this provision has been Government Printing Office, among ception. summarily reversed by the conferees, I others. When this bill came before the Sen- will have to consider other appropriate When outlays from prior year appro- ate, I applauded the Senate’s decision means to ensure that GAO’s priations and other adjustments are to eliminate or reduce funding for sev- prioritization of work reflects the taken into account, the bill totals $2.3 eral projects that did not appear to be needs of the Congress, not the GAO billion in budget authority and out- high-priority projects. The Senate cut itself. lays. The bill is under the subcommit- $50,000 for a study of electromagnetic Madam President, these are not tee’s 302(b) allocation by $36 million in fields in the Russell Senate Office major problems. The total of the pork- budget authority and $86 million in Building, reduced funding for elevator barrel provisions in this bill is only outlays. modernization in the Hart Building by slightly more than $1 million. However, again, I remind my colleagues that I want to commend the distinguished $200,000. Unfortunately, the Senate did chairman and ranking member of the include $100,000 for a new subway from every taxpayer dollar we waste reinforces the disdain of the American peo- Legislative Branch Subcommittee for the Russell Building to the Capitol. producing a bill that is substantially Because of these and other reduc- ple for the Congress and our way of doing business. within their 302(b) allocation. I am tions, the overall budget for Senate I ask unanimous consent that a list pleased that this bill continues to hold buildings was reduced by about $2 mil- of objectionable provisions be printed the line on congressional spending. lion. This conference agreement rein the RECORD. I ask unanimous consent to have stores the full $52 million originally There being no objection, the mate- proposed for the Senate. printed in the RECORD a table dis- rial was ordered to be printed in the playing the Budget Committee scoring My staff was told by the Appropria- RECORD. tions Subcommittee staff that this re- of H.R. 2209, as reported by the com- OBJECTIONABLE PROVISIONS IN THE CON- mittee of conference. I urge the Senate stored money will not be used for the FERENCE REPORT ON THE FY 1998 LEGISLA- to support this conference report. projects noted above that the Senate TIVE BRANCH APPROPRIATIONS BILL explicitly cut. Instead, $2 million will BILL LANGUAGE There being no objection, the table be transferred and used for mainte- $100,000 from the Library of Congress budg- was ordered to be printed in the nance and repair projects and security et for an International Copyright Institute. RECORD, as follows: H.R. 2209, LEGISLATIVE BRANCH APPROPRIATIONS, 1998 SPENDING COMPARISONS—CONFERENCE REPORT [Fiscal year 1998, in millions of dollars]

Defense Nondefense Crime Mandatory Total

Conference Report: Budget authority ...... 2,251 ...... 92 2,343 Outlays ...... 2,251 ...... 92 2,343 Senate 302(b) allocation: Budget authority ...... 2,287 ...... 92 2,379 Outlays ...... 2,337 ...... 92 2,429 President’s request: Budget authority ...... 2,386 ...... 92 2,478 Outlays ...... 2,352 ...... 92 2,444 House-passed bill: Budget authority ...... 2,261 ...... 92 2,353

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9877 H.R. 2209, LEGISLATIVE BRANCH APPROPRIATIONS, 1998 SPENDING COMPARISONS—CONFERENCE REPORT—Continued [Fiscal year 1998, in millions of dollars]

Defense Nondefense Crime Mandatory Total

Outlays ...... 2,262 ...... 92 2,354 Senate-passed bill: Budget authority ...... 2,286 ...... 92 2,378 Outlays ...... 2,269 ...... 92 2,361 CONFERENCE REPORT COMPARED TO: Senate 302(b) allocation: Budget authority ...... ¥36 ...... ¥36 Outlays ...... ¥86 ...... ¥86 President’s request: Budget authority ...... ¥135 ...... ¥135 Outlays ...... ¥101 ...... ¥101 House-passed bill: Budget authority ...... ¥10 ...... ¥10 Outlays ...... ¥11 ...... ¥11 Senate-passed bill: Budget authority ...... ¥35 ...... ¥35 Outlays ...... ¥18 ...... ¥18 Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

The PRESIDING OFFICER. The vided remaining, and following the ter has recently enhanced its capabilities by question now occurs on agreeing to the conclusion or yielding back of time, the additional of a nationally and inter- conference report. The yeas and nays the amendment be agreed to, and the nationally renowned cardiovascular surgeon have been ordered. The clerk will call motion to reconsider be laid upon the and a nationally known pediatric cardiolo- gist, the Committee strongly recommends the roll. table, all without further action or de- that the State health planning and develop- The legislative clerk called the roll. bate. ment agency approve the certificate of need The PRESIDING OFFICER. Are there Mr. WYDEN. Reserving the right to application for a nonprofit academic medical any other Senators in the Chamber de- object. center in the District of Columbia that has siring to vote? The PRESIDING OFFICER. The Sen- an approved lung transplant program. The result was announced—yeas 90, ator from Oregon is recognized. I am sure my colleagues are aware of nays 10, as follows: Mr. WYDEN. Madam President, I do the likely result of this type of lan- [Rollcall Vote No. 257 Leg.] not intend to object. I have had a guage in an Appropriations Committee YEAS—90 chance to discuss this with the major- report. Although not bound to do so, I ity leader who has been gracious in of- Abraham Feingold Lugar would expect that the State health Akaka Feinstein Mack fering me his time on this matter. planning and development agency will Ashcroft Ford McCain I ask only that the further discussion feel pressured to approve the applica- Baucus Frist McConnell of this amendment take place at a time Bennett Glenn Mikulski tion of this academic facility. Al- Biden Gorton Moseley-Braun when the majority leader could be on though that may not be an inappro- Bingaman Graham Moynihan the floor and he and I could discuss priate decision, I continue to believe it Bond Grams Murkowski this briefly. I believe the proposals he is inappropriate for Congress to direct Boxer Grassley Murray has made with respect to holds are con- Breaux Gregg Nickles these types of decisions on a case-by- Bryan Hagel Reed structive. This proposal goes one step case basis, rather than assessing the Bumpers Harkin Reid further, to have public disclosure of broader requirements for health facili- Byrd Hatch Robb holds. Campbell Helms Roberts ties in the District of Columbia. I Chafee Hollings Rockefeller I ask only that the majority leader, would hope the committee would see Cleland Hutchinson Roth at a time convenient with his schedule, fit to withdraw this near-directive and Cochran Hutchison Santorum be allowed to participate in that 20- allow the agency to make decisions Collins Inouye Sarbanes minute discussion so he and I could Conrad Jeffords Sessions based on the criteria it has developed Coverdell Johnson Smith (OR) briefly discuss that. for all such matters. Craig Kempthorne Snowe With that, I have no objection. Again, this bill is free of the types of D’Amato Kennedy Specter The PRESIDING OFFICER. Is there earmarks that we have seen in vir- Daschle Kerrey Stevens further objection? If not, without ob- DeWine Kerry Thomas tually every other appropriations Dodd Landrieu Thompson jection, it is so ordered. measure to come before the Senate this Domenici Lautenberg Thurmond Mr. MCCAIN. Madam President, I year. Dorgan Leahy Torricelli must applaud the actions of the chair- Durbin Levin Warner As the last appropriations measure Enzi Lieberman Wellstone man of the D.C. Appropriations Sub- to come before the Senate for debate, Faircloth Lott Wyden committee, Senator FAIRCLOTH, for his perhaps this is a welcome sign of restraint in putting together this bill. NAYS—10 things to come as we turn to the appro- The bill is the first step in imple- priations conference reports. Allard Gramm Shelby menting the National Capital Revital- Brownback Inhofe Smith (NH) Mr. FAIRCLOTH. Madam President, Burns Kohl ization and Self-Government Improve- I suggest the absence of a quorum. Coats Kyl ment Act that Congress passed this The PRESIDING OFFICER. The The conference report was agreed to. summer. This bill provides the funding clerk will call the roll. Mr. BENNETT. I move to reconsider necessary to carry out that act, and in- The legislative clerk proceeded to the vote and I move to lay it on the cludes several provisions that will en- call the roll. table. sure fiscal responsibility and adherence Mr. FAIRCLOTH. Mr. President, I The motion to lay on the table was to the act. ask unanimous consent that the order agreed to. In reviewing this bill, I have found for the quorum call be rescinded. only one section in the report language f The PRESIDING OFFICER. Without that causes some concern. On page 31 objection, it is so ordered. DISTRICT OF COLUMBIA of the report, the following language APPROPRIATIONS ACT, 1998 UNANIMOUS-CONSENT AGREEMENT—AMENDMENT appears: NO. 1249 The Senate continued with the con- The Committee is aware of the need for an Mr. FAIRCLOTH. Mr. President, on sideration of the bill. adult and pediatric heart transplant program behalf of the leader, I ask unanimous at a not-for-profit academic medical center AMENDMENT NO. 1250 consent that debate on amendment No. servicing this Nation’s Capital. The D.C. Mr. FAIRCLOTH. Madam President, metropolitan area is the only major metro- 1249 begin at 12 noon on Thursday and I ask unanimous consent when the Sen- politan area that does not have an academic the time between noon and 5 p.m. be ate resumes the Wyden amendment No. medical center with a heart transplant pro- equally divided in the usual form. I fur- 1250, there be 20 minutes equally di- gram. Since this not-for-profit medical cen- ther ask that at 5 p.m. the amendment

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9878 CONGRESSIONAL RECORD — SENATE September 24, 1997 be laid aside until Tuesday, September hundred seventy-two billion, four hun- MESSAGES FROM THE HOUSE 30, and a cloture vote occur on the dred thirty-four million, seventy-six At 12:02 p.m., a message from the amendment at 11 a.m. on Tuesday, Sep- thousand, nine hundred seventy-eight House of Representatives, delivered by tember 30, with the mandatory quorum dollars and eighty-one cents) during Mr. Hays, one of its reading clerks, an- under rule XXII being waived, and the the past 15 years. nounced that the House has passed the time between 10 a.m. and 11 a.m. on following bill, with an amendment, in f Tuesday be equally divided between which it requests the concurrence of Senators COATS and KENNEDY. I further MESSAGES FROM THE PRESIDENT the Senate: ask that no second-degree amendments S. 871. An act to establish the Oklahoma be in order to amendment No. 1249 Messages from the President of the City National Memorial as a unit of the Na- prior to the cloture vote. United States were communicated to tional Park System; to designate the Okla- The PRESIDING OFFICER. Without the Senate by Mr. Williams, one of his homa City Memorial Trust, and for other objection, it is so ordered. secretaries. purposes. CLOTURE MOTION EXECUTIVE MESSAGES REFERRED The message also announced that the Mr. FAIRCLOTH. Mr. President, I As in executive session the Presiding House has passed the following bill, send a cloture motion to the desk. Officer laid before the Senate messages with amendments, in which it requests The PRESIDING OFFICER. The clo- from the President of the United the concurrence of the Senate: ture motion having been presented States submitting a treaty and sundry S. 996. An act to provide for the authoriza- under rule XXII, the Chair directs the nominations which were referred to the tion of appropriations in each fiscal year for clerk to read the motion. appropriate committees. arbitration in United States district courts. The bill clerk read as follows: (The nominations received today are The message further announced that the House has passed the following bill, CLOTURE MOTION printed at the end of the Senate pro- without amendment: We, the undersigned Senators, in ac- ceedings.) cordance with the provisions of rule S. 1000. An act to designate the United f States courthouse at 500 State Avenue in XXII of the Standing Rules of the Sen- Kansas City, Kansas, as the ‘‘Robert J. Dole ate, hereby move to bring to a close de- REPORT OF THE NOTICE REL- United States Courthouse.’’ bate on the pending COATS amendment ATIVE TO THE CONTINUATION The message further announced that numbered 1249 to S. 1156: OF THE EMERGENCY WITH RE- the House agrees to the amendments of Senators Trent Lott, Dan Coats, Richard SPECT TO UNITA—MESSAGE Shelby, Mitch McConnell, Connie the Senate to the bill (H.R. 1420) to Mack, Lauch Faircloth, James Inhofe, FROM THE PRESIDENT—PM 68 amend the National Wildlife Refuge Alfonse D’Amato, Rod Grams, John The PRESIDING OFFICER laid be- System Administration Act of 1966 to Warner, Pat Roberts, Chuck Hagel, Ted fore the Senate the following message improve the management of the Na- Stevens, John McCain, Susan Collins, from the President of the United tional Wildlife Refuge System, and for and Sam Brownback. States, together with an accompanying other purposes. f report; which was referred to the Com- The message also announced that the House disagrees to the amendments of MORNING BUSINESS mittee on Banking, Housing, and Urban Affairs. the Senate to the bill (H.R. 2107) mak- Mr. FAIRCLOTH. Mr. President, on ing appropriations for the Department behalf of the leader, I ask unanimous To the Congress of the United States: of the Interior and related agencies for consent that there now be a period of Section 202(d) of the National Emer- the fiscal year ending September 30, morning business with Senators per- gencies Act (50 U.S.C. 1622(d)) provides 1998, and for other purposes, and agrees mitted to speak for up to 5 minutes for the automatic termination of a na- to the conference asked by the Senate each. tional emergency unless, prior to the on the disagreeing votes of the two The PRESIDING OFFICER. Without anniversary date of its declaration, the Houses thereon; and appoints Mr. REG- objection, it is so ordered. President publishes in the Federal Reg- ULA, Mr. MCDADE, Mr. KOLBE, Mr. f ister and transmits to the Congress a SKEEN, Mr. TAYLOR of North Carolina, notice stating that the emergency is to Mr. NETHERCUTT, Mr. MILLER of Flor- THE VERY BAD DEBT BOXSCORE continue in effect beyond the anniver- ida, Mr. WAMP, Mr. LIVINGSTON, Mr. Mr. HELMS. Mr. President, at the sary date. In accordance with this pro- YATES, Mr. MURTHA, Mr. DICKS, Mr. close of business yesterday, Tuesday, vision, I have sent the enclosed notice, SKAGGS, Mr. MORAN of Virginia, and September 23, 1997, the Federal debt stating that the emergency declared Mr. OBEY as the managers of the con- stood at $5,382,650,076,978.81. (Five tril- with respect to the National Union for ference on the part of the House. lion, three hundred eighty-two billion, the Total Independence of Angola The message further announced that six hundred fifty million, seventy-six (‘‘UNITA’’) is to continue in effect be- the House disagrees to the amendment thousand, nine hundred seventy-eight yond September 26, 1997, to the Federal of the Senate to the bill (H.R. 2264) dollars and eighty-one cents) Register for publication. making appropriations for the Depart- One year ago, September 23, 1996, the The circumstances that led to the ments of Labor, Health and Human Federal debt stood at $5,192,406,000,000. declaration on September 26, 1993, of a Services, and Education, and related (Five trillion, one hundred ninety-two national emergency have not been re- agencies for the fiscal year ending Sep- billion, four hundred six million) solved. The actions and policies of tember 30, 1998, and for other purposes, Five years ago, September 23, 1992, UNITA pose a continuing unusual and and agrees to the conference asked by the Federal debt stood at extraordinary threat to the foreign pol- the Senate on the disagreeing votes of $4,042,399,000,000. (Four trillion, forty- icy of the United States. United Na- the two Houses thereon; and appoints two billion, three hundred ninety-nine tions Security Council Resolution 864 Mr. PORTER, Mr. YOUNG of Florida, Mr. million) (1993) continues to oblige all Member BONILLA, Mr. ISTOOK, Mr. MILLER of Ten years ago, September 23, 1987, States to maintain sanctions. Dis- Florida, Mr. DICKEY, Mr. WICKER, Mrs. the Federal debt stood at continuation of the sanctions would NORTHUP, Mr. LIVINGSTON, Mr. OBEY, $2,354,292,000,000. (Two trillion, three have a prejudicial effect on the Ango- Mr. STOKES, Mr. HOYER, Ms. PELOSI, hundred fifty-four billion, two hundred lan peace process. For these reasons, I Mrs. LOWEY, and Ms. DELAURO as the ninety-two million) have determined that it is necessary to managers of the conference on the part Fifteen years ago, September 23, 1982, maintain in force the broad authorities of the House. the Federal debt stood at necessary to apply economic pressure The message also announced that the $1,110,216,000,000 (One trillion, one hun- to UNITA to reduce its ability to pur- House has passed the following bills, in dred ten billion, two hundred sixteen sue its aggressive policies of territorial which it requests the concurrence of million) which reflects a debt increase acquisition. the Senate: of more than $4 trillion— WILLIAM J. CLINTON. H.R. 29. An act to designate the Federal $4,272,434,076,978.81 (Four trillion, two THE WHITE HOUSE, September 24, 1997. building located at 290 Broadway in New

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9879 York, New York, as the ‘‘Ronald H. Brown cal year ending September 30, 1998, and H.R. 2414. An act to provide for a 10-year Federal Building.’’ for other purposes, and agrees to the circulating commemorative coin program to H.R. 643. An act to designate the United conference asked by the Senate on the commemorate each of the 50 States, and for States courthouse to be constructed at the disagreeing votes of the two Houses other purposes; to the Committee on Bank- corner of Superior and Huron Roads, in ing, Housing, and Urban Affairs. Cleveland, Ohio, as the ‘‘Carl B. Stokes thereon; and appoints the following f United States Courthouse.’’ Members as the managers of the con- H.R. 824. An act to redesignate the Federal ference on the part of the House: MEASURE PLACED ON THE building located at 717 Madison Place, N.W., For consideration of the House bill, CALENDAR in the District of Columbia, as the ‘‘Howard and the Senate amendment, and modi- The following measure was read the T. Markey National Courts Building.’’ fication committed to conference: Mr. first and second times by unanimous H.R. 994. An act to designate the United KOLBE, Mr. WOLFE, Mr. LIVINGSTON, States border station located in Pharr, consent and placed on the calendar: Mr. HOYER, and Mr. OBEY. Texas, as the ‘‘Kika de la Garza United As additional conferees solely for H.R. 1948. An act to provide for the ex- States Border Station.’’ change of lands within Admiralty Island Na- H.R. 1460. An act to allow for election of consideration of titles I through IV of tional Monument, and for other purposes. the Delegate from Guam by other than sepa- the House bill, and titles I through IV rate ballot, and for other purposes. of the Senate amendment, and modi- f H.R. 1683. An act to clarify the standards fications committed to conference: Mr. EXECUTIVE AND OTHER for State sex offender registration programs ISTOOK, Mrs. NORTHUP, and Mrs. MEEK COMMUNICATIONS under the Jacob Wetterling Crimes Against of Florida. Children and Sexually Violent Offender Reg- The following communications were ENROLLED BILL SIGNED istration Act. laid before the Senate, together with H.R. 1948. An act to provide for the ex- The message also announced that the accompanying papers, reports, and doc- change of lands within Admiralty Island Na- Speaker has signed the following en- uments, which were referred as indi- tional Monument, and for other purposes. rolled bill: cated: H.R. 2027. An act to provide for the revision H.R. 111. An act to provide for the convey- EC–3026. A communication from the Gen- of the requirements for a Canadian border ance of a parcel of unused agricultural land eral Counsel of the Department of Transpor- boat landing permit pursuant to section 235 in Dos Palos, California, to the Dos Palos Ag tation, transmitting, pursuant to law, five of the Immigration and Nationality Act, and boosters for use as a farm school. rules received on August 25, 1997; to the Com- to require the Attorney General to report to mittee on Commerce, Science, and Transpor- the Congress on the impact on such revision. The enrolled bill was signed subsequently by the President pro tempore tation. H.R. 2343. An act to abolish the Thrift De- EC–3027. A communication from the Gen- [Mr. THURMOND]. positor Protection Oversight Board, and for eral Counsel of the Department of Transpor- other purposes. f tation, transmitting, pursuant to law, eight- H.R. 2414. An act to provide for a 10-year een rules received on August 28, 1997; to the circulating commemorative coin program to MEASURES REFERRED Committee on Commerce, Science, and commemorate each of the 50 States, and for The following bills were read the first Transportation. other purposes. and second times by unanimous con- EC–3028. A communication from the Gen- ENROLLED BILL SIGNED sent and referred as indicated: eral Counsel of the Department of Transpor- The message further announced that tation, transmitting, pursuant to law, twelve H.R. 29. An act to designate the Federal rules received on September 4, 1997; to the the Speaker has signed the following building located at 290 Broadway in New enrolled bill: Committee on Commerce, Science, and York, NY, as the ‘‘Ronald H. Brown Federal Transportation. H.R. 680. An act to amend the Federal Building’’; to the Committee on Environ- EC–3029. A communication from the Gen- Property and Administrative Services Act of ment and Public Works. eral Counsel of the Department of Transpor- 1949 to authorize the transfer of surplus per- H.R. 643. An act to designate the U.S. tation, transmitting, pursuant to law, five sonal property to States for donation to non- courthouse to be constructed at the corner of rules received on September 8, 1997; to the profit providers of necessaries to impover- Superior and Huron Roads, in Cleveland, OH, Committee on Commerce, Science, and ished families and individuals, and to au- as the ‘‘Carl B. Stokes United States Court- Transportation. thorize the transfer of surplus real property house’’; to the Committee on Environment EC–3030. A communication from the Gen- to States, political subdivisions and instru- and Public Works. eral Counsel of the Department of Transpor- mentalities of States, and nonprofit organi- H.R. 824. An act to redesignate the Federal tation, transmitting, pursuant to law, thir- zations for providing housing or housing as- building located at 717 Madison Place NW., teen rules received on September 11, 1997; to sistance for low-income individuals or fami- in the District of Columbia, as the ‘‘Howard the Committee on Commerce, Science, and lies. T. Markey National Courts Building’’; to the Transportation. The enrolled bill was signed subse- Committee on Environment and Public EC–3031. A communication from the Gen- quently by the President pro tempore Works. eral Counsel of the Department of Transpor- H.R. 994. An act to designate the U.S. bor- tation, transmitting, pursuant to law, twelve [Mr. THURMOND]. der station located in Pharr, TX, as the rules received on September 15, 1997; to the ‘‘Kika de la Garza United States Border Sta- At 2:07 p.m., a message from the Committee on Commerce, Science, and tion’’; to the Committee on Environment Transportation. House of Representatives, delivered by and Public Works. EC–3032. A communication from the Gen- Mr. Hays, one of its reading clerks, an- H.R. 1460. An act to allow for election of eral Counsel of the Department of Transpor- nounced that the House agrees to the the Delegate from Guam by other than sepa- tation, transmitting, pursuant to law, three report of the committee of conference rate ballot, and for other purposes; to the rules received on September 18, 1997; to the on the disagreeing votes of the two Committee on Energy and Natural Re- Committee on Commerce, Science, and Houses on the amendments of the Sen- sources. Transportation. ate to the bill (H.R. 2209) making ap- H.R. 1683. An act to clarify the standards EC–3033. A communication from the Gen- for State sex offender registration programs eral Counsel of the Department of Transpor- propriations for the Legislative Branch under the Jacob Wetterling Crimes Against tation, transmitting, pursuant to law, ten for the fiscal year ending September 30, Children and Sexually Violent Offender Reg- rules received on September 23, 1997; to the 1998, and for other purposes. istration Act; to the Committee on the Judi- Committee on Commerce, Science, and ciary. Transportation. At 5:48 p.m., a message from the H.R. 2027. An act to provide for the revision EC–3034. A communication from the Sec- House of Representatives, delivered by of the requirements for a Canadian border retary of Defense, transmitting, pursuant to Ms. Goetz, one of its reading clerks, an- boat landing permit pursuant to section 235 law, a notice regarding encryption policies; nounced that the House disagrees to of the Immigration and Nationality Act, and to the Committee on Commerce, Science, the amendment of the Senate to the to require the Attorney General to report to and Transportation. bill (H.R. 2378) making appropriations the Congress on the impact on such revision; EC–3035. A communication from the Sec- to the Committee on the Judiciary. retary of the Federal Trade Commission, for the Treasury Department, the H.R. 2343. An act to abolish the Thrift De- transmitting, pursuant to law, a rule con- United States Postal Service, the Exec- positor Protection Oversight Board, and for cerning disclosures regarding energy con- utive Office of the President, and cer- other purposes; to the Committee on Bank- sumption; to the Committee on Commerce, tain Independent Agencies, for the fis- ing, Housing, and Urban Affairs. Science, and Transportation.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9880 CONGRESSIONAL RECORD — SENATE September 24, 1997 EC–3036. A communication from the Sec- S. Con. Res. 51. A concurrent resolution ex- Health Service Commissioned Corps subject retary of Transportation, transmitting, pur- pressing the sense of Congress regarding to qualifications therfor as provided by law suant to law, a report relative to the Na- elections for the legislature of the Hong and regulations: tional Transportation Safety Board for cal- Kong Special Administrative Region. 1. FOR APPOINTMENT: endar year 1996; to the Committee on Com- f To be medical director merce, Science, and Transportation. EC–3037. A communication from the Sec- EXECUTIVE REPORTS OF William E. Halperin retary of Transportation, transmitting, a COMMITTEES To be senior surgeon draft of proposed legislation entitled ‘‘The The following executive reports of Diane L. Rowley Motor Carrier Safety Act of 1997’’; to the To be surgeon Committee on Commerce, Science, and committees are submitted: Jay C. Butler Robert H. Johnson Transportation. By Mr. MURKOWSKI, from the Committee EC–3038. A communication from the Chair- on Energy and Natural Resources: To be senior assistant surgeon John C. Angell, of Maryland, to be an As- man of the Surface Transportation Board, Joseph M. Chen Thomas J. Vangilder sistant Secretary of Energy (Congressional transmitting, pursuant to law, a rule re- Susan A. Lippold Steven S. Wolf and Intergovernmental Affairs). ceived on September 8, 1997; to the Com- Priscilla L. Young Mary Anne Sullivan, of the District of Co- Carlos M. Rivera mittee on Commerce, Science, and Transpor- Stephanie Zaza tation. lumbia, to be General Counsel of the Depart- EC–3039. A communication from the Chair- ment of Energy. To be dental surgeon man of the Surface Transportation Board, Ernest J. Moniz, of Massachusetts, to be Richard M. Davidson transmitting, pursuant to law, a rule re- Under Secretary of Energy. To be senior assistant dental surgeon ceived on September 10, 1997; to the Com- Michael Telson, of the District of Colum- bia, to be Chief Financial Officer, Depart- Glen A. Eisenhuth Steven A. Johnson mittee on Commerce, Science, and Transpor- Mark S. Elliott Michael J. Mindiola tation. ment of Energy Dan Reicher, of Maryland, to be an Assist- Clay D. Henning Donald L. Ross f ant Secretary of Energy (Energy, Efficiency, James H. Tennyson REPORTS OF COMMITTEES and Renewable Energy). To be nurse director Robert Wayne Gee, of Texas, to be an As- Susan P. Hubbard The following reports of committees sistant Secretary of Energy (Policy, Plan- were submitted: ning, and Program Evaluation). To be senior nurse officer By Mr. ROTH, from the Committee on Fi- (The above nominations were re- Elizabeth J. McCarthy nance, without amendment: ported with the recommendation that To be nurse officer S. 1216. An original bill to approve and im- they be confirmed, subject to the nomi- Veronica G. Stephens plement the OECD Shipbuilding Trade To be senior surgeon nurse officer Agreement (Rept. No. 105–84). nees’ commitment to respond to re- By Mr. MCCAIN, from the Committee on quests to appear and testify before any Brian P. Asay Joan F. Kelley Commerce, Science, and Transportation, duly constituted committee of the Sen- Amy V. Buckanaga Eric A. Lasure with amendments: ate.) Deborah K. Patricaia A. S. 738. A bill to reform the statutes relat- Mr. JEFFORDS. Mr. President, for Burkybile Lawrence ing to Amtrak, to authorize appropriations the Committee on Labor and Human Thomas L. Doss Lucienne D. Nelson Deann M. Eastman- Susan M. Nord for Amtrak, and for other purposes (Rept. Resources, I report favorably two nom- No. 105–85). Jansen Martha T. Olone By Mr. JEFFORDS, from the Committee ination lists in the Public Health Serv- Edwin M. Galan Judy L. Pearce on Labor and Human Resources, with an ice which were printed in full in the Louis J. Glass Juliana M. Sadovich amendment in the nature of a substitute: CONGRESSIONAL RECORD of September 4 Nelson Hernandez Carmelita Sorrelman S. 1020. A bill to amend the National Foun- and 12, 1997, and ask unanimous con- Richard G. Hills Mary T. Vanieuven dation on the Arts and Humanities Act of sent, to save the cost of reprinting on Leonard L. Howell Daniel J. Weskamp 1965 and the Art and Artifacts Indemnity Act the Executive Calendar, that this Lenora B. Jones Vernon L. Wilkie to improve and extend the Acts, and for nominations lie at the Secretary’s desk To be Assistant Nurse Officer other purposes (Rept. No. 105–86). By Mr. CHAFEE, from the Committee on for the information of Senators. Karen E. Bikowicz William C. Guinn Environment and Public Works, without The PRESIDING OFFICER. Without Guadalupe R. Michael J. Lackey amendment: objection, it is so ordered. Demske Richard N. Leland H.R. 2443. A bill to designate the Federal (The nominations ordered to lie on Robert T. Edwards Mark J. Martineau building located at 601 Fourth Street, N.W., the Secretary’s desk were printed in Edward A. Sexton in the District of Columbia, as the ‘‘Federal the RECORDS of September 4 and 12, To be engineer director Bureau of Investigation, Washington Field 1997, at the end of the Senate pro- Richard R. Truitt Office Memorial Building’’, in honor of Wil- ceedings.) liam H. Christian, Jr., Martha Dixon Mar- To be senior assistant engineer officer tinez, Michael J. Miller, Anthony Palmisano, The following candidates for personnel ac- David M. Apanian Stephen P. Rhodes and Edwin R. Woodriffe. tion in the regular component of the Public Charles S. Hayden, II Carol L. Rogers By Mr. HELMS, from the Committee on Health Service Commissioned Corps subject Lee C. Jackson Hung Trinh Foreign Relations, without amendment and to qualifications therfor as provided by law John W. Longstaff Richard S. Wermers with a preamble: and regulations: Kathy M. Poneleit Andrew J. Zajac H. Con. Res. 99. A concurrent resolution ex- 1. FOR APPOINTMENT: To be assistant engineer officer pressing concern over recent events in the To be assistant surgeon Michael S. Coene Paul J. Ritz Republic of Sierra Leone in the wake of the Jennifer L. Betts Susannah Q. Olnes recent military coup d’etat of that country’s Matthew A. Clark Melissa A. Sipe To be scientist first democratically elected president. Gretchen M. Esplund Susan M. Caviness By Mr. HELMS, from the Committee on Joanette A. Sorkin Philip T. Farabough Foreign Relations, without amendment and Rebecca J. Werner To be senior assistant scientist Laurie E. Olnes with a preamble: Drue H. Barrett Ann M. Malarcher S. Res. 123. An original resolution honoring To be assistant therapist Roy A. Blay Robert L. Williams the memory of former Peace Corps Director Michelle Y. Jordan Jean E. Marzen To be sanitarian Loret Miller Ruppe. By Mr. MURKOWSKI, from the Committee To be health services officer Edwin J. Fluette on Energy and Natural Resources, with an Eugene A. Migliaccio To be senior assistant sanitarian amendment in the nature of a substitute: To be senior assistant health services officer Clint R. Chamberlin Joe L. Maloney S. 1015. A bill to provide for the exchange Debora S. Descombes Doreen M. Melling Jeffrey A. Church Michael A. Noska of lands within Admiralty Island National Michael J. Flood David J. Miller Nancy J. Collins David E. Robbins Monument, and for other purposes. Donald H. Gabbert Eric J. Esswein Sarath B. By Mr. HELMS, from the Committee on Peggy J. Roys Denis L. Goudelock Wendy L. Fanaselle Seneviratne Foreign Relations, without amendment: William Tool Jane Martin Michael G. Halko Daniel C. S. 1211. An original bill to provide perma- Diana M. Kuklinski Strausbaugh nent authority for the administration of au To be assistant health services officer Joseph D. Little Jessilynn B. Taylor pair programs. James A. Gregory Trinh K. Nguyen Gina L. Locklear Timothy Walker By Mr. HELMS, from the Committee on Foreign Relations, without amendment and The following candidates for personnel ac- To be veterinary officer with a preamble: tion in the regular component of the Public William S. Stokes

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9881 To be senior assistant pharmacist me of the pertinent contributions made by of Counselor, to be Ambassador Extraor- Lisa A. Cohn Paul J. Na them. To the best of my knowledge, the in- dinary and Plenipotentiary of the United Alison R. Dion Cheryl A. Namtvedt formation contained in this report is com- States of America to the Republic of Mozam- Cindy P. Dougherty William A. Russell, plete and accurate. bique. Thomas P. Jr. Contributions, amount, date, donee: Nominee: Brian Dean Curran. Gammarano Donna A. Shriner 1. Self, R. Nicholas Burns, None. Post: Maputo, Mozambique. Robert W. Griffith Pamela J. West 2. Spouse, Elizabeth Allen Baylies, None. The following is a list of all members of 3. Children and Spouses Names: Sarah; Jill D. Mayes Rochelle B. Young my immediate family and their spouses. I Elizabeth; Caroline, None. have asked each of these persons to inform To be assistant pharmacist 4. Parents Names: Robert P. & Esther A. me of the pertinent contributions made by Christopher A. Bina Burns—$25—1996—Newt Gingrich them. To the best of my knowledge, the in- $100—1994—Romney for Senate in Massa- To be senior assistant dietitian formation contained in this report is com- chusetts. plete and accurate. Jo Ann A. Holland Marilyn A. 5. Grandparents Names: James & Delia Contributions, amount, date, donee: Welschenbach Burns, deceased. 1. Self. To be senior assistant therapist Richard & Helen Toomey, deceased. 6. Brothers and Spouses Names: Chris- 2. Spouse. Cindy R. Melanson topher & Nayla Burns, None; Jeffrey & 3. Children and Spouses Names. (The above nominations were re- Denise Burns, None. 4. Parents Names. ported with the recommendation that 7. Sisters and Spouses Names: Roberta Es- 5. Grandparents Names. 6. Brothers and Spouses Names: Mr./Mrs. they be confirmed, subject to the nomi- ther & Richard Hutchins, None; Stanton & Gigi Burns, None. David Curran, $100, 1994, Harms for Congress. nees’ commitment to respond to re- Barbara K. Bodine, of California, a Career 7. Sisters and Spouses Names: Janice quests to appear and testify before any Member of the Senior Foreign Service, Class Curran, none. duly constituted committee of the Sen- of Counselor, to be Ambassador Extraor- [Brian Dean Curran, Post: Maputo, Mozambique] ate.) dinary and Plenipotentiary of the United By Mr. HELMS, from the Committee on States of America to the Republic of Yemen. Contributions Amount Date Donee Foreign Relations: Nominee: Barbara K. Bodine. 1. Self ...... $50 3/3/92 Clinton for President. Robin Lynn Raphel, of Washington, a Ca- Post: The Republic of Yemen. 50 3/20/93 Democratic National Committee. reer Member of the Senior Foreign Service, The following is a list of all members of 50 8/8/93 Democratic National Committee. my immediate family and their spouses. I 50 7/12/94 Citizens for Sarbanes. Class of Minister-Counselor, to be Ambas- 50 10/9/94 Friends of Tom Andrews. sador Extraordinary and Plenipotentiary of have been able to ask only my father to in- 13 3/20/93 Human Rights Campaign Fund. the United States of America to the Republic form me of the pertinent contributions made 155 9/29/94 Human Rights Campaign Fund. by him. To the best of my knowledge, the in- 175 11/95 Human Rights Campaign Fund. of Tunisia. 50 10/96 Democratic National Committee. Johnny Young, of Maryland, a Career formation contained in this report is complete and accurate. 5. Grandparents (all deceased) Wadsworth Harris Williams, none; Leila Member of the Senior Foreign Service, Class Williams, none; Winnefred Curran, none; Coleman Curran, none. of Minister-Counselor, to be Ambassador Ex- Contributions Amount Date Donee traordinary and Plenipotentiary of the Corinne Claiborne Boggs, of Louisiana, to United States of America to the State of 1. Self ...... None ...... n/a ...... n/a be Ambassador Extraordinary and Pleni- Bahrain. 2. Spouse—none ...... n/a ...... n/a ...... n/a potentiary of the United States of America 3. Children None, spouses n/a ...... n/a ...... n/a to the Holy See. Susan E. Rice, of the District of Columbia, none. to be an Assistant Secretary of State. 4. Father: Robert J. Bodine Low $100’s Over several Sen. Ashcroft NOMINEE: Corinne Claiborne Boggs. Nancy Dorn, of the District of Columbia, each time. years. Sen. Bond POST: Ambassador to the Holy See. Sen. Mack The following is a list of all members of to be Member of the Board of Directors of Cong. Goss the Inter-American Foundation for a term my immediate family and their spouses. I expiring June 26, 2002. Mother: Barbara Bode Bodine Red (NFI), have asked each of these persons to inform Peter L. Scher, of the District of Columbia, Have not had any contact since Sept. 1982, me of the pertinent contributions made by for the rank of Ambassador during his tenure Doubt any contributions of any note. them. To the best of my knowledge, the in- of service as Special Trade Negotiator. Step-mother: Joann Bodine—Have never formation contained in this report is com- Harold C. Pachios, of Maine, to be a Mem- met or spoken with my step-mother. Have no plete and accurate. ber of the United States Advisory Commis- idea what donations/contributions she may Contributions, amount, date, donee. sion on Public Diplomacy for a term expiring have made. 1. Self: Corinne Claiborne Boggs. July 1, 1999. Step-father: Alan (NFI)—Met once in sum- 2. Spouse: Thomas Hale Boggs (Deceased Paula Dobriansky, of Maryland, to be a mer ’82. Do not recall surname; do not know 1972). Member of the United States Advisory Com- address; do not know politics. 3. Children and Spouses: Barbara Boggs mission of Public Diplomacy for a term ex- 5. Grandparents: all deceased except mater- Sigmund (Deceased 1990). piring July 1, 1998. nal grandfather’s fourth wife/widow. Does Thomas Hale Boggs Jr. m. Barbara R. Nicholas Burns, of Virginia, a Career not make political contributions. Denechaud. Member of the Senior Foreign Service, Class 6. Half-brother: Jonathan B. Red (wife: Corinne Boggs m. Steven V. Roberts. None. of Counselor, to be Ambassador Extraor- Deborah Brockley), No contact since July, 4. Parents: Corinne Morrison (Deceased dinary and Plenipotentiary of the United 1982. 1978), Roland Claiborne (Deceased 1918). States of America to Greece. 7. Half-sister: Carol Bodine (married; hus- 5. Grandparents: Rose Claiborne (Deceased Nominee: R. Nicholas Burns. band’s name unknown), No contact ever. 1935) m. Louis Claiborne (Deceased 1934), Post: Greece. Half-sister: Gail Bodine (married; hus- Eustatia Morrison (Deceased 1895) m. Edward The following is a list of all members of band’s name unknown), No contact ever. S. Morrison (Deceased 1923). my immediate family and their spouses. I Brian Dean Curran, of Florida, a Career 6. Brothers and Spouses: None. have asked each of these persons to inform Member of the Senior Foreign Service, Class 7. Sisters and Spouses: None. LINDY BOGG’S FEDERAL CAMPAIGN CONTRIBUTIONS (JANUARY 1, 1993—PRESENT)

Date Amount Political organization Name

Oct. 30, 1993 ...... $250.00 Democratic Senatorial Campaign Committee ...... Nov. 14, 1993 ...... 250.00 Catherine Baker Knoll ...... Catherine Baker Knoll. May 28, 1994 ...... 250.00 Tom Foley ...... Tom Foley. May 28, 1994 ...... 250.00 Jolene Unsoeld ...... Jolene Unsoeld. July 27, 1994 ...... 1,000.00 Robb for the Senate ...... Charles Robb. Aug. 5, 1994 ...... 250.00 Friends of Patrick Kennedy ...... Patrick Kennedy. Aug. 23, 1994 ...... 200.00 D.C.C.C ...... Oct. 9, 1994 ...... 250.00 Friends of Jim Cooper ...... Jim Cooper. Oct. 22, 1994 ...... 500.00 Ted Kennedy ...... Ted Kennedy. Oct. 24, 1994 ...... 250.00 Kathleen Townsend ...... Kathleen Townsend. Oct. 24, 1994 ...... 100.00 Democratic National Committee ...... Oct. 24, 1994 ...... 250.00 Diane Feinstein ...... Diane Feinstein. Nov. 1, 1994 ...... 1,000.00 Democratic Leadership Council ...... Jan. 30, 1995 ...... 500.00 Carol Moseley Braun for US Senate ...... Carol Moseley Braun. Feb. 21, 1995 ...... 250.00 Feinstein for Senate ’94 ...... Diane Feinstein. Dec. 29, 1995 ...... 250.00 President Clinton Dinner (D.N.C.) ...... Dec. 31, 1995 ...... 240.00 Jim Chapman ...... Jim Chapman. Dec. 31, 1995 ...... 500.00 Carol Moseley Braun for US Senate ...... Carol Moseley Braun. Mar. 26, 1996 ...... 25.00 Joe Biden ...... Joe Biden. Mar. 31, 1996 ...... 500.00 Mary Landrieu ...... Mary Landrieu. May 6, 1996 ...... 500.00 Mary Landrieu ...... Mary Landrieu. May 16, 1996 ...... 250.00 Barbara Kennelly ...... Barbara Kennelly.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9882 CONGRESSIONAL RECORD — SENATE September 24, 1997 LINDY BOGG’S FEDERAL CAMPAIGN CONTRIBUTIONS (JANUARY 1, 1993—PRESENT)—Continued

Date Amount Political organization Name

May 28, 1996 ...... 250.00 D.C.C.C. of LA Federal ...... June 6, 1996 ...... 200.00 D.C.C.C...... Sept. 2, 1996 ...... 150.00 LA Democratic Victory Fund ...... Feb. 16, 1997 ...... 200.00 D.C.C.C......

THOMAS HALE BOGGS, JR.’S FEDERAL CAMPAIGN CONTRIBUTIONS (JANUARY 1, 1993–PRESENT)

Date Amount Political organization Name

1993 Jan. 4, 1993 ...... $500.00 Wilson for Chairman ...... John Wilson. Feb. 2, 1993 ...... 1,000.00 Ed Markey for Congress Committee ...... Ed Markey. Feb. 3, 1993 ...... 250.00 Friends of Paul McHale ...... Paul McHale. Feb. 23, 1993 ...... 100.00 Epsy for Congress ...... Mike Epsy. Mar. 9, 1993 ...... 250.00 Portman for Congress ...... Rob Portman. Mar. 16, 1993 ...... 1,000.00 Bob Krueger Campaign ...... Bob Krueger. Mar. 23, 1993 ...... 200.00 Simon for Senate ...... Paul Simon. Mar. 24, 1993 ...... 1,000.00 The Jefferson Committee ...... William Jefferson. Mar. 30, 1993 ...... 1,000.00 Citizens for Biden ...... Joseph Biden. Mar. 30, 1993 ...... 500.00 Thornton for Congress ...... Ray Thornton. Apr. 20, 1993 ...... 1,000.00 Murtha for Re-Election committee ...... John Murtha. Apr. 28, 1993 ...... 500.00 Bliley for Congress Committee ...... Thomas Bliley. Apr. 28, 1993 ...... 500.00 Jimmie Hayes for Congress ...... Jimmie Hayes. May 14, 1993 ...... 1,000.00 DeConcini ’94 Committee ...... Dennis DeConcini. June 14, 1993 ...... 1,000.00 Committee to Re-elect Jack Brooks ...... Jack Brooks. June 16, 1993 ...... 500.00 The Lautenberg Committee ...... Frank Lautenberg. June 29, 1993 ...... 500.00 Wheat for Congress ...... Alan Wheat. June 29, 1993 ...... 500.00 Kerrey for US Senate ...... Bob Kerrey. July 20, 1993 ...... 1,000.00 Joseph M. McDade Legal Defense Fund ...... Joseph M. McDade. Sep. 22, 1993 ...... 250.00 Paul Simon for Senate ...... Paul Simon. Sep. 28, 1993 ...... 500.00 Friends of Neal Smith ...... Neal Smith. Sep. 29, 1993 ...... 500.00 English for Congress Committee ...... Glenn English. Oct. 13, 1993 ...... 500.00 Coloradans for David Skaggs ...... David Skaggs. Oct. 14, 1993 ...... 310.51 Lieberman ’94 Committee (in-kind) ...... Joseph Lieberman. Oct. 27, 1993 ...... 250.00 Friends of Alan Wheat ...... Alan Wheat. Oct. 27, 1993 ...... 1,000.00 Daniel K. Inouye in 98 ...... Daniel K. Inouye. Nov. 9, 1993 ...... 500.00 Citizens for David Mann ...... David Mann. Nov. 10, 1993 ...... 500.00 Lynn Schenk for Congress Committee ...... Lynn Schenk. Nov. 18, 1993 ...... 500.00 Citizens Committee for Ernest F. Hollings (aka the Citizens Committee) ...... Ernest Hollings. Dec. 2, 1993 ...... 250.00 Sanford Bishop for Congress ...... Sanford Bishop. Dec. 3, 1993 ...... 689.49 Lieberman ’94 Committee ...... Joseph Lieberman. Dec. 8, 1993 ...... 1,000.00 Jim Cooper for Congress Committee ...... Jim Cooper. Dec. 9, 1993 ...... 1,000.00 The Lautenberg Committee/$500-Prim-500-Gen ...... Frank Lautenberg. Dec. 16, 1993 ...... 500.00 Ed Markey for Congress ...... Ed Markey. Dec. 16, 1993 ...... 500.00 Hoyer for Congress Committee ...... Steny Hoyer. 1994 Jan. 13, 1994 ...... 500.00 Hoyer for Congress ...... Steny Hoyer. Jan. 25, 1994 ...... 1,000.00 Committee for Sam Gibbons ...... Sam Gibbons. Jan. 26, 1994 ...... 11.60 The Lautenberg Committee (in-kind postage) ...... Frank Lautenberg. Jan. 31, 1994 ...... 600.00 Mitchell for Senate Committee ...... George J. Mitchell. Mar. 14, 1994 ...... 500.00 Moynihan Campaign ...... Daniel Moynihan. Mar. 23, 1994 ...... 500.00 Hoyer for Congress Committee ...... Steny H. Hoyer. Mar. 23, 1994 ...... 500.00 Hoagland for Congress Committee ...... Peter Hoagland. Apr. 26, 1994 ...... 500.00 Friends of Congressman George Miller ...... George Miller. May 10, 1994 ...... 1,000.00 Laughlin for Congress ...... Greg Laughlin. May 10, 1994 ...... 500.00 Committee for Congressman Charlie Rose ...... Charlie Rose. May 17, 1994 ...... 350.00 Lancaster for Congress Committee ...... H. Martin Lancaster. May 17, 1994 ...... 1,000.00 Robb for Senate Committee ...... Charles Robb. May 18, 1994 ...... 100.00 Friends of Lem Chester ...... Lem Chester. June 27, 1994 ...... 500.00 Friends of Patrick J. Kennedy for Congress ...... Patrick J. Kennedy. July 7, 1994 ...... 250.00 Peter Deutsch for Congress ...... Peter Deutsch. Aug. 11, 1994 ...... 500.00 Bill Wheeler for Congress ...... Bill Wheeler. Sep. 20, 1994 ...... 50.00 Friends of Mark Takano for Congress ...... Mark Takano. Sep. 26, 1994 ...... 1,000.00 Johnston Senate Committee ...... Bennet Johnston. Nov. 30, 1994 ...... 1,000.00 Citizens for Harkin ...... Tom Harkin. 1995 Jan. 24, 1995 ...... 500.00 Friends of Senator Rockefeller ...... John D. Rockefeller. Feb. 15, 1995 ...... 1,000.00 Nadler for Congress ...... Jerrold Nadler. Feb. 28, 1995 ...... 1,000.00 Re-elect Senator Mark Hatfield ...... Mark O. Hatfield. Feb. 28, 1995 ...... 1,000.00 Dole for President ...... Bob Dole. Mar. 2, 1995 ...... 1,000.00 Friends of John Warner ...... John Warner. Mar. 7, 1995 ...... 1,000.00 John D. Dingell for Congress Committee ...... John D. Dingell. Mar. 8, 1995 ...... 500.00 Foglietta for Congress ...... Thomas M. Foglietta. Mar. 8, 1995 ...... 500.00 Ackerman for Congress ...... Gary L. Ackerman. Mar. 21, 1995 ...... 500.00 Louise Slaughter Re-election Committee ...... Louise Slaughter. Mar. 28, 1995 ...... 500.00 Billy Tauzin Committee ...... W.J. (Billy) Tauzin. Mar. 28, 1995 ...... 500.00 Ed Markey for Congress ...... Ed Markey. Mar. 29, 1995 ...... 1,000.00 Arlen Specter ’96 ...... Arlen Specter. Apr. 4, 1995 ...... 500.00 Martin Frost Campaign ...... Martin Frost. Apr. 5, 1995 ...... 500.00 Greg Laughlin Campaign ...... Greg Laughlin. Apr. 27, 1995 ...... 500.00 Friends of Chriss Dodd ...... Christopher J. Dodd. May 2, 1995 ...... 1,000.00 The Kerry Committee ...... John F. Kerry. May 31, 1995 ...... 1,000.00 Robb for Senate ...... Charles S. Robb. June 13, 1995 ...... 250.00 Fazio for Congress ...... Vic Fazio. June 19, 1995 ...... 300.00 Citizens Committee for Ernest Hollings ...... Ernest Hollings. June 27, 1995 ...... 1,000.00 Matsui for Congress ...... Robert T. Matsui. June 28, 1995 ...... 1,000.00 Friends of Joe Curran ...... Joe Curran. June 29, 1995 ...... 500.00 Citizens for John Kasich ...... John Kasich. June 29, 1995 ...... 500.00 Danner for Congress ...... Pat Danner. July 15, 1995 ...... 1,000.00 Robb for Senate ...... Charles Robb. July 18, 1995 ...... 1,000.00 Dick Molpus Campaign ...... Dick Molpus. July 25, 1995 ...... 802.93 Richard Shelby Luncheon ...... Richard Shelby. July 26, 1995 ...... 1,000.00 Friends of Barbara Boxer ...... Barbara Boxer. Sep. 12, 1995 ...... 1,000.00 Clinton/Gore ’96 ...... Clinton/Gore. Sep. 27, 1995 ...... 500.00 Riggs for Congress ...... Frank Riggs. Sep. 28, 1995 ...... 1,000.00 Jesse Jackson Jr. for Congress ...... Jesse Jackson jr. Oct. 2, 1995 ...... 1,000.00 The Freedom Project ...... Boehner Multi-Candidate PAC. Oct. 10, 1995 ...... 500.00 Jesse Jackson Jr. for Congress ...... Jess Jackson Jr. Oct. 20, 1995 ...... 700.00 Citizens Committee for Ernest Hollings $500-Gen, $200-Prim ...... Ernest Hollings. Oct. 24, 1995 ...... 500.00 Glen D. Johnson ...... Glen D. Johnson. Nov. 1, 1995 ...... 1,000.00 Citizens for Jim Hunt ...... Jim Hunt. Nov. 9, 1995 ...... 500.00 Duncan for Congress ...... John J. Duncan, Jr. Nov. 16, 1995 ...... 1,000.00 Wyden for Senate ...... Ron Wyden. Nov. 16, 1995 ...... 1,000.00 The Kerry Committee ...... John Kerry. Dec. 1, 1995 ...... 446.00 Nebraskans for Nelson ...... Dec. 14, 1995 ...... 500.00 The Evan Bayh Committee ...... Evan Bayh. 1996 Jan. 31, 1996 ...... 1,000.00 Friends of Dick Durbin ...... Dick Durbin.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9883 THOMAS HALE BOGGS, JR.’S FEDERAL CAMPAIGN CONTRIBUTIONS (JANUARY 1, 1993–PRESENT)—Continued

Date Amount Political organization Name

Feb. 6, 1995 ...... 1,000.00 Braun for US Senate ...... Carol Moseley-Braum. Mar. 13, 1996 ...... 72.00 Coyne for Congress (in kind to La Brasserie) ...... William Coyne. Mar. 20, 1996 ...... 1,000.00 Matsui for Congress Committee ...... Robert Matsui. Mar. 28, 1996 ...... 129.75 Weiland for Congress (in kind to W. Millar & Co.) ...... Rick Weiland. Apr. 17, 1996 ...... 154.00 Bryant for Congress (in kind to Le Bon) ...... John Bryant. June 29, 1996 ...... 1,000.00 Gephardt’s in Congress Committee ...... Richard Gephardt. July 17, 1996 ...... 1,000.00 Citizens Committee for Ernest F. Hollings ...... Ernest Hollings. Sep. 4, 1996 ...... 1,500.00 DNC Services Corporation/Democratic National Committee ...... Oct. 18, 1996 ...... (500.00 ) Citizens Committee for Ernest F. Hollings ...... Ernest F. Hollings. Oct. 18, 1996 ...... 562.74 Bedford for US Senate (in kind to Giant Food) ...... Roger Bedford. Oct. 18, 1996 ...... 533.11 Tom Bruggere for US Senate (in kind to Giant Food) ...... Tom Bruggere. Nov. 1, 1996 ...... (600.00 ) Johnston Senate Committee ...... Bennett Johnston. Nov. 1, 1996 ...... 600.00 Jeff Coopersmith for Congress ...... Jeff Coopersmith. Nov. 1, 1996 ...... 1,000.00 Congressman Bart Gordon Committee ...... Bart Gordon Dec. 30, 1996 ...... 1,000.00 Leahy for U.S. Senator ...... Patrick Leahy. 1997 Jan. 14, 1997 ...... 400.00 DCCC ...... DCCC. Feb. 11, 1997 ...... 1,000.00 Carol Mosely-Braun for US Senate ...... Carol Moseley-Braun. Feb. 27, 1997 ...... 1,000.00 Shelby for Senate ...... Richard Shelby. Feb. 27, 1997 ...... 5,000.00 DCCC ...... Mar. 6, 1997 ...... 500.00 Alaskans for Don Young ...... Don Young. Mar. 10, 1997 ...... 1,000.00 Friends of Kent Conrad ...... Kent Conrad. Mar. 17, 1997 ...... 500.00 Friends of George Miller ...... George Miller. Mar. 18, 1997 ...... 500.00 Frank Riggs for Congress ...... Frank Riggs. Mar. 19, 1997 ...... 1,00.00 Friends of Barbara Boxer ...... Barbara Boxer. Apr. 9, 1997 ...... 1,000.00 Gephardt in Congress Committee ...... Richard Gephardt. Apr. 14, 1997 ...... 1,000.00 Murtha for Congress Committee ...... John Murtha. May 7, 1997 ...... 1,000.00 Friends of Byron Dorgan ...... Byron Dorgan. May 20, 1997 ...... 1,000.00 Hagle for Nebraska ...... Chuck Hagle. June 4, 1997 ...... 500.00 Markey for Congress Committee ...... Ed Markey. June 10, 1997 ...... 500.00 Pelosi for Congress ...... Nancy Pelosi. June 10, 1997 ...... 250.00 Friends of Rosa DeLauro ...... Rose DeLauro. June 10, 1997 ...... 250.00 Stenholm for Congress Committee ...... Charles Stenholm. June 12, 1997 ...... 500.00 Luther for Congress ...... June 24, 1997 ...... 500.00 Martin Frost Campaign ...... Martin Frost.

BARBARA DENECHAUD BOGGS’S FEDERAL CAMPAIGN CONTRIBUTION (JANUARY 1, 1994—PRESENT)

Date Amount Political organization Name

1994 April 18, 1994 ...... $1,000.00 Kerrey for U.S. Senate Committee ...... Bob Kerrey. April 28, 1994 ...... 1,000.00 Citizens for Senator Wofford ...... Harris Wofford. May 13, 1994 ...... 1,000.00 Laughlin for Congress ...... Greg Laughlin. May 18, 1994 ...... 1,000.00 Murtha for Congress Committee ...... John Murtha. June 14, 1994 ...... 1,000.00 Committee to Re-elect Jack Brooks ...... Jack Brooks. June 21, 1994 ...... 1,000.00 Friends of Robert C. Byrd Committee ...... Robert C. Byrd. June 28, 1994 ...... 500.00 Committee to Re-elect Tom Foley ...... Tom Foley. June 29, 1994 ...... 1,000.00 Markey for Congress Committee ...... Ed Markey. July 25, 1994 ...... 1,000.00 Friends of Jim Sasser ...... Jim Sasser. September 29, 1994 ...... 500.00 Friends of Sherrod Brown ...... Sherrod Brown. September 29, 1994 ...... 1,000.00 Oberly Senate Committee ...... September 30, 1994 ...... 250.00 Thurman for Congress ...... Karen Thurman. October 6, 1994 ...... 500.00 New Mexicans for Bill Richardson ...... Bill Richardson. October 7, 1994 ...... 1,000.00 Effective Government Committee ...... October 7, 1994 ...... 500.00 Lancaster for Congress Committee ...... October 7, 1994 ...... 1,000.00 Friends of Jerry Kleczka ...... Jerry Kleczka. October 13, 1994 ...... 1,000.00 Akaka in 94 ...... Daniel Akaka. November 15, 1994 ...... (380 ) DeConcini ’94 Committee ...... Dennis DeConcini. 1995. March 31, 1995 ...... 500.00 Friends of Jane Harman ...... Jane Harman. April 10, 1995 ...... 500.00 Laughlin for Congress ...... Greg Laughlin. December 6, 1995 ...... 500.00 Friends of Rosa DeLauro ...... Rosa DeLauro. 1996 March 4, 1996 ...... 1,000.00 Friends of Jerry Kleczka ...... Jerry Kleczka. April 18, 1996 ...... 1,000.00 Bonior for Congress ...... Daniel Bonior. October 24, 1996 ...... 500.00 Friends of Senator Rockefeller ...... Rockefeller. April 29, 1996 ...... 1,000.00 Gephardt in Congress Committee ...... Richard Gephardt. May 1, 1996 ...... 250.00 Susan B. Anthony List Pac, Inc...... May 23, 1996 ...... 1,000.00 Murtha for Congress Committee ...... John Murtha. May 20, 1996 ...... 250.00 People for Weiland ...... May 29, 1996 ...... 500.00 Peter Deutsch for Congress ...... Peter Deutsch. May 31, 1996 ...... 1,000.00 Harvey Gantt for Senate Campaign Committee ...... Harvey Gantt. June 27, 1996 ...... 1,000.00 Levin for Congress Committee ...... Sander Levin. July 3, 1996 ...... 500.00 Friends of Congressman George Miller ...... George Miller. September 13, 1996 ...... 250.00 Friends of John Warner 1996 Committee ...... John Warner. September 25, 1996 ...... 1,000.00 Don Mooers for Congress Committee Inc...... Don Mooers. September 26, 1996 ...... 1,000.00 Clinton/Gore ’96 Gen Election Legal & Accounting Compliance ...... Clinton/Gore. September 30, 1996 ...... 250.00 Friends of John Warner 1996 Committee ...... John Warner. October 5, 1996 ...... 1,000.00 Friends of Max Cleland for the U.S. Senate Inc...... Max Cleland. November 4, 1996 ...... 1,000.00 Kerry Committee ...... John Kerry.

Timberlake Foster, of California, a Career 3. Children and spouses names, Noel Foster have asked each of these persons to inform Member of the Senior Foreign Service, Class (age 11), none. me of the pertinent contributions made by of Counselor, to be Ambassador Extraor- 4. Parents names, Lang and Clarice foster, them. To the best of my knowledge, the in- dinary and Plenipotentiary of the United none. formation contained in this report is com- States of America to the Islamic Republic of 5. Grandparents names, Ira and Lillian plete and accurate. Mauritania. Jones, deceased; Charles and Elberta Foster, Contributions, amount, date, and donee: deceased. Nominee: Timberlake Foster. 1. Self, none. Post: Mauritania. 6. Brothers and spouses names, Lang Fos- ter, Jr., none. 2. Spouse, N/A. The following is a list of all members of 7. Sisters and spouses names, no sisters. 3. Children and spouses names, none. my immediate family and their spouses. I 4. Parents names, none. have asked each of these persons to inform Thomas J. Dodd, of the District of Colum- 5. Grandparents names, none. me of the pertinent contributions made by bia, to be Ambassador Extraordinary and them. To the best of my knowledge, the in- Plenipotentiary of the United States of 6. Brothers and spouses names, Senator formation contained in this report is com- America to the Republic of Costa Rica. Christopher J. Dodd, none. plete and accurate. Nominee: Thomas J. Dodd. 7. Sisters and spouses names, Martha Dodd Contributions, amount, date, and donee: Post: U.S. Ambassador to Costa Rica. Buonanno/Bernard V. Buonanno (see at- 1. Self, none. The following is a list of all members of tached), $4,700, 1989–1997, Sen. Jack Reed; 2. Spouse, Pamela Biolley, none. my immediate family and their spouses. I $2,000, 1989–1997, Sen. John Chafee.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9884 CONGRESSIONAL RECORD — SENATE September 24, 1997 BUONANNO CONTRIBUTIONS—1989–1997 formation contained in this report is com- 3. Children and spouses names. plete and accurate. 4. Parents, names. Year Reed Chafee Total Contributions, amount, date, and donee: 5. Grandparents, names. 1. Self, none. 6. Brothers and spouses, names. 1989 ...... $500.00 $200.00 $700.00 1990 ...... 100.00 — 100.00 2. Spouse, Gabino M. Flores, none. 7. Sisters and spouses, names. 1991 ...... 750.00 375.00 1,125.00 3. Children and spouses names, Wyatt A. 1992 ...... 500.00 — 500.00 Flores, none. POLITICAL CONTRIBUTIONS OF TOM McDONALD 1993 ...... 700.00 1,000.00 1,700.00 4. Parents names, John and Mary Hrinak, 1994 ...... 550.00 425.00 975.00 1995 ...... 1,600.00 — 1,600.00 none. Con- 1996 ...... — — — 5. Grandparents names, John and Anna Federal contributions Year tribu- 1997 ...... — — — Hrinak, Joseph and Julia Pukach, deceased. tion Total ...... 4,700.00 2,000.00 6,700.00 6. Brothers and spouses names, David J. Louis Stokes for Congress Committee ...... 1993 $1,000 Hrinak, none. Rob Portman for Congress Committee ...... 1993 500 7. Sisters and spouses names, none. Sherrod Brown for Congress Committee ...... 1993 250 Judy Hancock for Congress Committee ...... 1993 500 Thomas M. Foglietta, of Pennsylvania, to Deborah Pryce for Congress Committee ...... 1993 500 be Ambassador Extraordinary and Pleni- Curtis Warren Kamman, of the District of Deborah Pryce for Congress Committee ...... 1993 250 potentiary of the United States of America Columbia, a Career Member of the Senior Democratic National Committee ...... 1993 1,000 Fingerhut for Congress ...... 1993 350 to Italy. Foreign Service, Class of Career Minister, to Helen Smith for Congress ...... 1994 250 Nominee: Thomas M. Foglietta. be Ambassador Extraordinary and Pleni- 11th Congressional District Caucus PAC ...... 1994 70 Post: Ambassador. potentiary of the United States of America Ted Strickland for Congress Committee ...... 1994 500 The following is a list of all members of Patrick Moynihan for U.S. Senate Committee ...... 1994 1,000 to the Republic of Colombia. Friends of John Glenn (Paying off 1984 Presidential debt) 1994 1,000 my immediate family and their spouses. I Nominee: Curtis Warren Kamman. Friends of John Glenn (Paying off 1984 Presidential debt) 1994 1,000 have asked each of these persons to inform Post: Ambassador to Colombia. The Hyatt Committee (Primary election contribution) ...... 1994 1,000 me of the pertinent contributions made by The Hyatt Committee (General election contribution) ...... 1994 1,000 The following is a list of all members of Louis Stokes for Congress Committee ...... 1994 1,000 them. To the best of my knowledge, the in- my immediate family and their spouses. I Robert Matsui for Congress Committee ...... 1994 1,000 formation contained in this report is com- have asked each of these persons to inform Rob Portman for Congress Committee ...... 1994 1,000 plete and accurate. Friends of Eric Fingerhut ...... 1994 1,000 me of the pertinent contributions made by Kennedy for Senate Committee ...... 1994 1,000 Contributions, amount, date, and donee: them. To the best of my knowledge, the in- Judy Hancock for Congress ...... 1994 1,000 1. Self, no personal contributions. See at- formation contained in this report is com- Democratic National Committee ...... 1994 5,000 tached schedule of campaign contributions. Rob Portman for Congress Committee ...... 1995 100 plete and accurate. Clinton/Gore ‘96 ...... 1995 1,000 2. Spouse, none. Contributions, amount, date, and donee: Democratic National Committee ...... 1996 5,000 3. Children and spouses names, none. 1. Self, none. Dennis Kucinich for Congress ...... 1996 500 4. Parents names, Rosaria and Michael 2. Spouse, Mary Curtis Kamman, none. Kucinich for Congress ...... 1996 250 Ted Strickland for Congress Committee ...... 1996 250 Foglietta, deceased. 3. Children and spouses names, Edward Bill Richardson for Congress Committee ...... 1996 200 5. Grandparents names, deceased. Kamman and spouse Esta Kamman, John Bob Torricelli for Senate Committee ...... 1996 500 6. Brothers and spouses names, Theodore Kamman, W. Stephen Kamman, none. Tom Coyne for Congress Committee ...... 1996 250 Stokes for Congress Committee ...... 1996 250 Michael Foglietta, deceased. 4. Parents names, father Glenn Kamman Gephardt for Congress Committee ...... 1996 1,000 7. Sisters and spouses names, Bertha Fogli- (deceased), mother Mildred Kamman (de- Sherrod Brown for Congress ...... 1996 1,000 etta Bruentti, Margaret Jacqueline Fogli- ceased), none. Tom Sawyer for Congress Committee ...... 1996 1,000 5. Grandparents names, Horace and Bertha Democratic National Committee ...... 1996 5,000 etta, none. Judy Hancock for Congress Committee ...... 1996 1,000 Kamman (deceased), Warren and Ella Merry Rangel for Congress Committee ...... 1996 1,000 Federal Campaign Contributions Reporting—Foglietta for (deceased), none. Sherrod Brown for Congress Committee ...... 1997 500 Congress 6. Brothers and spouses names, Robert E. The Gephardt Committee ...... 1997 1,000 Kamman, Jon Kamman and spouse Beverly Candidate or Organization Date Amount Medlyn, none. Mark Robert Parris, of Virginia, a Career 7. Sisters and spouses names, no sisters. Member of the Senior Foreign Service, Class DCCC ...... 4/7/92 $5,000.00 Nancy Jo Powell, of Iowa, a Career Mem- America 500 ...... 7/6/92 1,000.00 of Minister-Counselor, to be Ambassador Ex- Russo for Congress ...... 11/24/92 1,000.00 ber of the Senior Foreign Service, Class of traordinary and Plenipotentiary of the Kostmayer for Congress ...... 1/14/93 1,000.00 Counselor, to be Ambassador Extraordinary United States of America to the Republic of Hayes for Congress ...... 2/1/93 500.00 and Plenipotentiary of the United States of DCCC ...... 2/3/93 5,000.00 Turkey. Dem. Campaign Comm...... 4/27/93 1,250.00 America to the Republic of Uganda. Nominee: Mark R. Parris. Gejdensen Re-Elect ...... 9/21/94 1,000.00 Nominee: Nancy Jo Powell. Post: Ambassador to Turkey. Tucker for Congress ...... 9/23/94 500.00 Post: Kampala. The following is a list of all members of Mezvinsky for Congress ...... 11/1/94 1,000.00 The following is a list of all members of DCCC ...... 4/10/95 5,000.00 my immediate family and their spouses. I my immediate family and their spouses. I DCCC ...... 7/24/96 5,000.00 have asked each of these persons to inform Hefner for Congress ...... 8/7/96 1,000.00 have asked each of these persons to inform me of the pertinent contributions made by Coles for Congress ...... 8/7/96 500.00 me of the pertinent contributions made by Ruth Rudy for Congress ...... 9/20/96 1,000.00 them. To the best of my knowledge, the in- them. To the best of my knowledge, the in- Hinchey for Congress ...... 9/20/96 500.00 formation contained in this report is com- Price for Congress ...... 9/20/96 500.00 formation contained in this report is complete and accurate. Blagojevich for Congress ...... 9/20/96 500.00 plete and accurate. Turney for Congress ...... 9/20/96 500.00 Contributions, amount, date, donee: Contributions, amount, date, donee: Carolyn McCarthy for Congress ...... 9/20/96 500.00 1. Self, Mark Robert Parris, (none). Owens for Congress ...... 9/20/96 500.00 1. Self. 2. Spouse, Joan Gardner Parris, $25, 1992, McKinney for Congress ...... 9/20/96 500.00 2. Spouse. Coles for Congress ...... 9/20/96 500.00 DNC. 3. Children and spouses, names. Peter Navarro for Congress ...... 9/20/96 500.00 3. Children and Spouses, Names, Katherine Gejdensen for Congress ...... 9/20/96 500.00 4. Parents, names, Joseph William Powell, Tauscher for Congress ...... 9/20/96 500.00 Jennie Maxine Powell. Parris, (Not available—Peace Corps in George Brown for Congress ...... 9/20/96 500.00 5. Grandparents, names (deceased). Gabon), Christopher Parris (none). Capps for Congress ...... 9/20/96 500.00 4. Parents, Names, Robert L. Parris, McHale for Congress ...... 9/20/96 1,000.00 6. Brothers and spouses, names William Ron DiNicola for Congress ...... 9/20/96 500.00 Craig Powell. (none), Anita M. Parris, (none). Kucinich for Congress ...... 10/1/96 500.00 7. Sisters and spouses names. 5. Grandparents, Names, Ernest Parris (de- Bentsen for Congress ...... 10/1/96 500.00 ceased), Warren Rutter (deceased), Lucille Julia Carson for Congress ...... 10/1/96 500.00 Michela Alioto for Congress ...... 10/1/96 1,000.00 Tom McDonald, of Ohio, to be Ambassador Parris (deceased), Mildred Rutter (deceased). Loretta Sanchez for Congress ...... 10/1/96 500.00 Extraordinary and Plenipotentiary of the 6. Brothers and Spouses, Names, See at- Bentsen for Congress ...... 11/20/96 1,000.00 tached continuation sheet. Lampson for Congress ...... 11/20/96 1,000.00 United States of America to the Republic of Zimbabwe. 7. Sisters and Spouses, Names, no sisters. Nominee: Tom McDonald. Continuation sheet: Donna Jean Hrinak, of Virginia, a Career Post: Ambassador to Zimbabwe. (A) Kevin Scott Parris, (none), m. Peggy Member of the Senior Foreign Service, Class The following is a list of all members of Parris (none). of Minister-Counselor, to be Ambassador Ex- my immediate family and their spouses. I (B) Paul Ernest Parris, small amounts, up traordinary and Plenipotentiary of the have asked each of these persons to inform to $200 total, 1992–1996, DNC, m. Susan Par- United States of America to the Republic of me of the pertinent contributions made by ris, (none). Bolivia. them. To the best of my knowledge, the in- (C) Eric Warren Parris (none). Nominee: Donna Jean Hrinak. formation contained in this report is com- Post: Ambassador to La Paz. plete and accurate. Nominee: Robin Lynn Raphel. The following is a list of all members of Contributions, amount, date, donee: Post: Tunis, Tunisia. my immediate family and their spouses. I 1. Self (see attached list). The following is a list of all members of have asked each of these persons to inform 2. Spouse, $1,000, 1994, Sherrod Brown for my immediate family and their spouses. I me of the pertinent contributions made by Congress Comm.; $1,000, 1996, Sherrod Brown have asked each of these persons to inform them. To the best of my knowledge, the infor Congress Comm. me of the pertinent contributions made by

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9885 them. To the best of my knowledge, the in- $100, September 15, 1996, Rivers for Con- Post: State of Bahrain. formation contained in this report is com- gress. The following is a list of all members of plete and accurate. $50, November 14, 1996, CNIP. my immediate family and their spouses. I Contributions, amount, date, donee: $100, December 16, 1996, Emily’s List. have asked each of these persons to inform 1. Self, Robin Lynn Raphel. Jean and Phil Witherspoon (sister and her me of the pertinent contributions made by 2. Spouse, Leonard Arthur Ashton, none. spouse): them. To the best of my knowledge, the in- 3. Children and Spouses, Names, Alexandra $15, April 1993, $10, June 1993, Jeff Binga- formation contained in this report is com- Raphel, none, Anna Ashton, none. man Reelection Fund. plete and accurate. 4. Parents, Names, Vera Johnson, My $30, June 1993, Kerry for Senate. Contributions, amount, date, donee: mother has over the years made very modest $10, September 1993, Jeff Bingaman Reelec- 1. Self, Johnny Young, N/A. contributions (less than $50) on occasion to tion Fund. 2. Spouse, Angelena V. Young, N/A. Washington state Congressional candidates. $50, September 1993, Democratic Campaign. 3. Children and spouses, names, David J. In 1996 she made no such contribution. $10, December 1993, Jeff Bingaman Reelec- Young, Michelle J. Young, N/A. 5. Grandparents, Names, deceased. tion Fund. 4. Parents names, Eva Grant, deceased, N/ 6. Brothers and Spouses, Names, I do not $40, January 1994, $10, March 1994, Kerry for A, Lucille Pressy (adoptive) deceased, N/A, have any brothers. Senate. John Young, deceased, N/A. 7. Sisters and Spouses, Names, Karen $50, June 1994, Jeff Bingaman Reelection 5. Grandparents, names, Alice Young, de- Freeze, none, Deborah Johnson, none. Fund. ceased, N/A, Louis Young, deceased, N/A. $50, July 1994, Democratic Party. 6. Brothers and spouses, names, N/A. 7. Sisters and spouses, names, Lottie Mae $25, August 1994, $25, October 1994, Kerry Amerlia Ellen Shippy, of Washington, a Young, deceased, N/A, Loretta Young, N/A. Career Member of the Senior Foreign Serv- for Senate. ice, Class of Counselor, to be Ambassador Ex- $50, October 1994, Jeff Bingaman Reelection Mr. HELMS. Mr. President, for the traordinary and Plenipotentiary of the Fund. Committee on Foreign Relations, I also United States of America to the Republic of $50, October 1994, Bill Richardson Cam- report favorably one nomination list in Malawi. paign. the Foreign Service which was printed Nominee: Amelia Ellen Shippy. $55, January 1995, Democratic Campaign in full in the CONGRESSIONAL RECORD of Post: American Embassy, Lilongwe. Fund. September 4, 1997, and ask unanimous $30, February 1995, Democratic National The following is a list of all members of consent, to save the expense of reprint- my immediate family and their spouses. I Committee. have asked each of these persons to inform $30, April 1995, Jeff Bingaman Reelection ing on the Executive Calendar, that me of the pertinent contributions made by Fund. this nomination lie at the Secretary’s them. To the best of my knowledge, the in- $30, June 1995, Democratic National Com- desk for the information of Senators. formation contained in this report is committee. The PRESIDING OFFICER. Without plete and accurate. $100, June 1995, Clinton-Gore Campaign. objection, it is so ordered. Contributions, amount, date, donee: $10, October 1995, $35, November 1995, Jeff (The nominations ordered to lie on 1. Self, Amelia Ellen Shippy—see attached. Bingaman Reelection Fund. the Secretary’s desk were printed in 2. Spouse, none. $25, November 1995, Clinton-Gore Media the RECORD of September 4, 1997, at the 3. Children and spouses, names, none. Campaign.. 4. Parents, names, Homer Charles Shippy, $10/month, March 1996 to the present, end of the Senate proceedings.) none, Amelia Giles Shippy, deceased. Democratic National Committee. The following-named persons of the agen- 5. Grandparents, names, Leroy and Harriet $10/quarter, April 1996 to the present, Peo- cies indicated for appointment as Foreign Shippy, deceased, James Tandy and Sophia ple for Bingaman. Service Officers of the classes stated, and Amelia Giles, deceased. $100, October 1996, Democratic Senatorial also for the other appointments indicated 6. Brothers and spouses, names, none. Campaign. herewith: 7. Sisters and spouses, names, Jean Ann $100, October 1996, Clinton-Gore ’96 GELAC. For appointment as Foreign Service Offi- and Phil Witherspoon—see attached. cers of Class One, Consular Officers and Sec- Amelia Ellen Shippy: Edward E. Shumaker, III, of New Hamp- retaries in the Diplomatic Service of the $100, February 15, 1993, Americans for shire, to be Ambassador Extraordinary and United States of America: Democratic Action (ADA). Plenipotentiary of the United States of AGENCY FOR INTERNATIONAL DEVELOPMENT $100, February 15, 1993, Democratic Senato- America to the Republic of Trinidad and To- Dominic Alfred D’Antonio, of Connecticut rial Campaign Committee (DSCC). bago. Joseph J. Pastic, of Virginia Nominee: Edward E. Shumaker, III. $50, February 15, 1993, Schroeder for Con- UNITED STATES INFORMATION AGENCY gress Committee. Post: Ambassador to Trinidad and Tobago. $100, February 28, 1993, National Com- The following is a list of all members of Nancy R. LeRoy, of Florida mittee for an Effective Congress (NCEC). my immediate family and their spouses. I DEPARTMENT OF STATE $100, March 13, 1993, Emily’s List. have asked each of these persons to inform David F. Davidson, of Virginia me of the pertinent contributions made by $100, March 13, 1993, Shipnuck for Congress. For appointment as Foreign Service Offi- them. To the best of my knowledge, the in- $100, March 13, 1993, Blackwell for Con- cers of Class Two, Consular Officers and Sec- formation contained in this report is com- gress. retaries in the Diplomatic Service of the plete and accurate. $100, May 2, 1993, NCEC. United States of America: $10, May 31, 1993, Lynn Yeakel for U.S. Sen- Contributions, amount, date, donee: AGENCY FOR INTERNATIONAL DEVELOPMENT ate, Debt Retirement. 1. Self, $20.00, 01/03/94, Verge for Congress, $100, September 20, 1993, NCEC. $500.00, 03/29/94, Swett for Congress, $500.00, Earell Edwin Kissinger III, of Colorado $100, October 11, 1993, DSCC. 04/09/94, Citizens for Biden, $250.00, 07/01/94, Michael James Yates, of Virginia $100, December 5, 1993, Margolies-Mez- Friends of Dave McCurdy, $250.00, 10/15/94, For appointment as Foreign Service Offi- vinsky for Congress. McCurdy for Senate, $100.00, 06/22/95, Wilhelm cers of Class Three, Consular Officers and $100, December 5, 1993, English for Con- for Senate, $1,000.00, 11/08/95, Clinton/Gore ‘96, Secretaries in the Diplomatic Service of the gress. $250.00, 11/16/95, Jack Reed for Senate, $500.00, United States of America: $100, December 5, 1993, Clayton for Con- 12/22/95, Biden for Senate, $250.00, 06/03/96, AGENCY FOR INTERNATIONAL DEVELOPMENT Keefe for Congress, $250.00, 06/21/96, Arnesen gress. Charles S. Morgan, of Virginia for Congress, $100.00, 09/17/96, Keefe for Con- $100, December 20, 1993, DSCC. Susan Mutijima Page, of Illinois $100, December 20, 1993, Emily’s List. gress, $250.00, 09/19/96, Swett for Senate, $100, January 5, 1994, Schroeder for Con- $500.00, 10/28/96, Keefe for Congress. UNITED STATES INFORMATION AGENCY gress Committee. 2. Spouse, Polly D. Shumaker, none. Frank J. Whitaker, of Virginia $100, January 18, 1994, Center for National 3. Children, Nathan D. Shumaker, none, For appointment as Foreign Service Offi- Independence in Politics/Project Vote Smart Daniel E. Shumaker, none, Michael D. cers of Class Four, Consular Officer and Sec- (CNIP). Shumaker, none. retaries in the Diplomatic Service of the $100, January 23, 1994, ADA. 4. Parents, Edward E. Shumaker, Jr. (de- United States of America: $100, March 8, 1994, NCEC. ceased), Marie G. Shumaker, none. U.S. INFORMATION AGENCY $100, March 12, 1994, CNIP. 5. Grandparents, Edward E. Shumaker (de- Mary Jane Wolansky Bushnaq, of Virginia $100, September 26, 1994, NCEC. ceased), Josephine Mary Shumaker (de- Thomas E. Cooney, of Michigan $100, January 11, 1995, NCEC. ceased), John F. Gilliams (deceased), Mary Nida A. Emmons, of Florida $50, October 15, 1995, Emily’s List. E. Gilliams (deceased). Sheila R. Parkman, of Pennsylvania $50, November 12, 1995, CNIP. 6. Brothers, John G. Shumaker (deceased). Karyn Allison Posner-Mullen, of Florida $100, January 9, 1996, ADA. 7. Sisters, Linda M. (Shumaker) Vasso, Aleta Fay Wenger, of Washington $100, February 4, 1996, NCEC. none, George Vasso, none. $100, September 15, 1996, McKinney for Con- DEPARTMENT OF STATE gress. Nominee: Johnny Young. Christopher D. Berlew, of Virginia

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9886 CONGRESSIONAL RECORD — SENATE September 24, 1997 Betty A. Bernstein-Zabza, of the District of Thomas T. Kim, of Virginia for this resource within the Department of Columbia Douglas Alan Kriesel, of the District of Co- Agriculture, and consistent land manage- Janine R. Boiarsky, of California lumbia ment to protect the watershed of the Ban- Russel John Brown, of Montana Sanjai Kumar, of Virginia delier National Monument; to the Com- Kelly Colleen Degnan, of California Julie Lange, of Virginia mittee on Energy and Natural Resources. Leslie Stephen deFraffenried, of Texas Betty Jo Little, of the District of Columbia By Mr. HELMS: Cynthia Ras Doell, of Nebraska LizaBeth Lowell, of Florida S. 1211. An original bill to provide perma- Mark Christopher Elliott, of Maryland Kathleen A. Lundy, of Virginia nent authority for the administration of au Karen Lynn Enstrom, of Pennsylvania George W. Lynn, of Virginia pair programs; from the Committee on For- Gabriel Escobar, of Texas Jose Elias Merrero, of Florida eign Relations; placed on the calendar. Jonathan David Fritz, of Florida Jacques L. Massengill, of Virginia By Mr. DORGAN: J. Robert Garverick, of Ohio Robert Peter McCarthy, of New York S. 1212. A bill to amend the Illegal Immi- Jonathan Hanick, of California John M. McCaslin, of Ohio gration Reform and Immigrant Responsi- Barbara A.P. Hibben, of Maryland Francis M. McGuinness, of Virginia bility Act of 1996 to clarify that records of Jan Krc, of the District of Columbia Mitzi M. McNamara, of Virginia arrival or departure are not required to be Patricia J. Koetelancik, of Illinois Theresa M. Michaud, of Virginia collected for purposes of the automated Margaret U. Kurtz-Randall, of Illinois William L. Moyer, of Virginia entry-exit control system developed under Adam Duane Lamoreaux, of Utah Barbara Beth Morrison, of New Jersey 110 of such Act for Canadians who are not Timothy A. Lenderking, of New Hampshire Susan V. Naraine, of the District of Colum- otherwise required to possess a visa, pass- Cheryl S. Lester, of Virginia bia port, or border crossing identification card; Brian R. Naranjo, of New Mexico Martin A. Newell, of Maryland to the Committee on the Judiciary. Helen Patricia Reed-Rowe, of Maryland David Roy O’Connor, of the District of Co- By Mr. HOLLINGS (for himself, Mr. Joan Marie Richard, of California lumbia STEVENS, Mr. KERRY, Ms. SNOWE, Mr. Elizabeth Helen Rood, of Maryland Darin K. Olson, of Virginia INOUYE, Mr. BREAUX, Mr. MCCAIN, Mr. William Johann August Schmonsees III, of Michael Andrew Ordonez, of Washington KENNEDY, Mrs. BOXER, Mr. BIDEN, Mr. South Carolina Douglas L. Padget, of Virginia LAUTENBERG, Mr. AKAKA, and Mr. David Jonathan Schwartz, of Florida Kenneth L. Parson, of Virginia MURKOWSKI): Kenneth A. Thomas, of Oregon Rebecca Ann Pasine, of Indiana S. 1213. A bill to establish a National Ocean Council, a Commission on Ocean Policy, and For appointment as Foreign Service Offi- Troy Eric Pederson, of Virginia for other purposes; to the Committee on cer of Class Four, Consular Officer and Sec- Rosetta Perri, of Pennsylvania Commerce, Science, and Transportation. retary in the Diplomatic Service of the J. Philip Plowman, of Virginia By Mr. ALLARD: United States of America, effective May 29, David B. Ponsar, of California S. 1214. A bill to amend the Line Item Veto 1997: John David Radel, of Virginia Hope C. Rawding, of Virginia Act of 1996 to eliminate the requirement that DEPARTMENT OF STATE Scott Michael Renner, of Colorado a Federal budget deficit must exist in order Christine Anne Harold, of Maryland Deborah Carrie Rhea, of Virginia for the President to use the line-item veto The following-named Members of the For- Nicholas E. Reynolds, of Virginia authority; to the Committee on the Budget eign Service of the Department of Commerce John P. Richardson, of Virginia and the Committee on Governmental Affairs, and the Departmetof State and the U.S. In- John C. Roberts, of Mississippi jointly, pursuant to the order of August 4, formation Agency to be Consular Officers Abigail Elizabeth Rupp, of Virginia 1977, as modified by the order of April 11, and/or Secretaries in the Diplomatic Service Cynthia M. Saddy, of Virginia 1986, with instructions that if one Committee of the U.S. of America, as indicated: Luis A. Santos, of Maryland reports, the other Committee have thirty Consular Officers and Secretaries in the Amy Wing Schedlbauer, of Texas days to report or be discharged. Diplomatic Service of the United States of Michael B. Schneider, of Virginia By Mr. ASHCROFT: America: Brian G. Scott, of Virginia S. 1215. A bill to prohibit spending Federal education funds on national testing; to the Abigail Kessler Aronson, of New Jersey James Semivan, of Virginia Committee on Labor and Human Resources. Mark Andrew Assur, of Virginia Janet E. Seng, of Pennsylvania By Mr. ROTH: Brian S. Austin, of Virginia Kathleen F. Seroskie, of Virginia Scott A. Shaw, of Illinois S. 1216. An original bill to approve and im- Martha L. Austin, of Virginia plement the OECD Shipbuilding Trade Alan M. Browning, of Virginia Rita M. Sheehan, of Virginia Vincent P. Shugrue, of Virginia Agreement; from the Committee on Finance; Richard C. Bulman, Jr., of Florida placed on the calendar. Don L. Brown, of Texas David J. Smith, of Maryland Lyn R. Sumner, of Virginia By Mr. HOLLINGS: Elaine A. Byers, of Virginia S. 1217. A bill for the relief of Olga Gavin Alexander Sundwall, of North Caro- Peter Callamari, of Virginia Gorgiladze; to the Committee on the Judici- lina John M. Cardwell, of Virginia ary. Andrew J. Tichava, of Virginia Florence Carson, of Virginia By Mr. KERREY: Nancy E. Totten, of Virginia Marc Walter Carson, of Virginia S. 1218. A bill to assure the integrity of in- William M. Totten, of Virginia Cheryl D. Comfort-Carter, of Virginia formation, transportation and telecommuni- Dee B. White, of Virginia Erin Crowe, of Michigan cations upon the arrival of the year 2000; to Teresa Wilkin, of the District of Columbia Linda Elisa Daetwyler, of California the Committee on Commerce, Science, and Sean Michael Wiswesser, of Virginia Gary A. Dziedzic, of Virginia Transportation. Cheryl L. Eichorn, of Virginia Charles M. Wolf, Jr., of Virginia Albert Elgamil, of Virginia Kristin Marie Wood, of Virginia f Jose M. Estevez, of Puerto Rico David Michael Zimov, of Ohio SUBMISSION OF CONCURRENT AND Randolph Francis Fagan, Jr., of Virginia (The above nominations were re- SENATE RESOLUTIONS Robert L. Farris, of Virginia ported with the recommendation that David Eric Fass, of Virginia The following concurrent resolutions they be confirmed, subject to the nomi- and Senate resolutions were read, and John Edward Friberg, Jr., of Virginia nees’ commitment to respond to re- Daniel T. Froats, of California referred (or acted upon), as indicated: quests to appear and testify before any Stephen C. Galloway, of Virginia By Mr. HELMS: Russell C. Gilger, of Virginia duly constituted committee of the Sen- S. Res. 123. An original resolution honoring Terry Arthur Ginsburg, of Virginia ate.) the memory of former Peace Corps Director Joshua D. Glazeroff, of New York f Loret Miller Ruppe; from the Committee on Caren F. Gordon, of Virginia Foreign Relations; placed on the calendar. Christopher J. Green, of Virginia INTRODUCTION OF BILLS AND By Mr. ROTH (for himself, Mr. THOMAS, Giselle C. Griggs, of Maryland JOINT RESOLUTIONS Mrs. FEINSTEIN, and Mr. GRAMS): George K. Hale, of Washington The following bills and joint resolu- S. Res. 124. A resolution to state the sense Sabina Ann Hasmi, of Virginia tions were introduced, read the first of the Senate that members of the Khmer James W. Hentschel, of Virginia Rouge who participated in the Cambodian David Alan Higdon, of Texas and second time by unanimous con- genocide should be brought to justice before John J. Hill, of Alabama sent, and referred as indicated: an international tribunal for crimes against Michelle M. Hopkins, of California By Mr. BINGAMAN: humanity; to the Committee on Foreign Re- James C. Hsu, of Texas S. 1210. A bill to authorize the acquisition lations. Anthony N. Ieronimo, of New Jersey of the geologic formation known as the By Mr. MURKOWSKI: S. George Imredy, of the District of Colum- Valles Caldera currently managed by the S. Res. 125. A resolution commending Dr. bia Baca Land and Cattle Company, and to pro- Jason C. Hu, Representative of the Taipei Christopher Lee Jaeger, of Maryland vide for an effective management program Economic and Cultural Representative Office

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9887 in the United States; considered and agreed Dunigan, was in negotiations with the Fourth, and here is the upper Jemez to. Government to sell the land when he river which originates and meanders f died a premature death. Now, his fam- through the Valle Grande. STATEMENTS ON INTRODUCED ily has come forward and said they Fifth, finally, here is a picture of the BILLS AND JOINT RESOLUTIONS would like to fulfill his dream of seeing Valle Toledo the third largest valley on this land move into public ownership. the property, about 4,000 acres. By Mr. BINGAMAN: Mr. President, this is an opportunity Mr. President, the legislation I’m in- S. 1210. A bill to authorize the acqui- that we cannot let pass us by. In 1993, troducing today does two things: it sition of the geologic formation known the Forest Service completed a study gives the Forest Service the authority as the Valles Caldera currently man- of this land which lays out the tremen- to start negotiating for the purchase of aged by the Baca Land and Cattle Co., dous value it could have within public this land in good faith by authorizing and to provide for an effective manage- ownership: appropriations, land exchanges, and ment program for this resource within First, the Valles Caldera is the clas- the acceptance of donations; and it the Department of Agriculture, and sic example of a resurgent lava dome. rationalizes the boundaries between consistent land management to protect The study of its features has helped ge- the Santa Fe National Forest and Ban- the watershed of the Bandelier Na- ologists to understand volcanic proc- delier National Monument for con- tional Monument; to the Committee on esses throughout the world; sistent management of their respective Second, the recreation potential is Energy and Natural Resources. watersheds. enormous. Hiking, camping, cross- VALLE GRANDE VALLES CALDERA Acquiring land of this quality and country skiing, photography, horse PRESERVATION LEGISLATION magnitude will not be cheap or easy. It back riding, hunting, and fishing are Mr. BINGAMAN. Mr. President, this will take a lot of work on the part of bill that I have just sent to the desk, in obvious possibilities. The headwaters of the Jemez and San this body and our counterparts on the my view, gives us a chance in this Con- House, and on the part of the adminis- gress to grasp a historic opportunity to Antonio rivers are located on this land, and represent some of the best trout tration. However, if we don’t close this make a real difference for the Amer- fishing streams in New Mexico. There deal this time, I’m not sure the Amer- ican people for generations to come. are nearly 27 miles of trout streams on ican people will ever forgive us. Al- Most Americans can name various the ranch, most of which meander though the Dunigan’s have been great geologic treasures and places of wonder through grass meadows perfect for fly stewards of the land, they want to sell within our land. Places like Diamond fishing. it. Who knows how future owners may Head in Hawaii, the Sawtooth Moun- Also over 6,000 elk live on this land, use this land. tains in Idaho, the Grand Canyon in making it ideal for hunting. When Senator Anderson tried to ac- Arizona, and Rocky Mountain National Perhaps the most unique features of quire this land for the United States 35 Park in Colorado readily come to mind this land are the seven enormous open years ago, we could have bought this because our people have access to grassland valleys that are tailor made land for less than $5 million. Now the them. However, there is a place in New for horseback riding. costs will be much much greater, and if Mexico that rivals these areas in splen- Third, finally, and perhaps most im- it is ever subdivided, the costs will go dor and yet, few people know about, or portant, this land has been well pre- up exponentially. fully appreciate its significance. It is served. Through careful management Mr. President, I know that many peo- called the Valles Caldera. of their grazing land, selective tim- ple will want to argue about the man- The Valles Caldera is one of the bering, and the use of proscribed fire, agement of this land. There are many, world’s greatest volcanic features. A the current owners have maintained many uses that this land could be put large circular crater 12–15 miles in di- the caldera as an ecological jewel. With to, but I would caution my colleagues ameter, the views from the rim are awe over 65,000 acres of conifer forests that now is not the time to argue over inspiring. As one looks across the vast mixed with aspen, gamble oak, and bro- future use. Let’s worry about how we green valleys and mountains that now ken rock known as felsenmeer, and will acquire the land first. Manage- sit within the ring of the caldera, and 30,000 acres of lush grasslands, the ment options can be worked out later. realizes that they are all merely the Caldera supports an abundance of wild- I think it will take additional time cooled workings of a resurgent lava life, including black bears and cougars. before a full management plan can be dome, one is struck by the sheer mag- Mr. President, words are a poor sub- put in place for the property. It would stitute for seeing this land, and al- nitude of the natural forces that cre- be an exercise in futility for us to try though pictures cannot convey its ated the Jemez Mountains in north to work all of that out before we move grandeur, they may provide my col- central New Mexico. to take advantage of this historic op- leagues with a sense of it: The explosions that created the portunity. caldera, some 1.2 million years ago, First, to give people a sense of location, here is a map of north central Mr. President, I understand that ejected over 100 cubic miles of earth, there is support for this effort to bring rock, and lava. It is estimated that if New Mexico. To the south is Albu- querque and then Santa Fe above it. this property into public ownership by the original mountain had come to a You’ll notice that the Baca Ranch is others in the delegation. I very much peak that it would have been taller nestled between the Santa Fe National want to work with them and with peo- than Mount Everest. Forest, and Bandelier National Monu- ple in the administration to see this However very few people, even in ment, which many members of the pub- happen. It is a very important initia- New Mexico, have ever been on this lic have visited. tive and a very important goal for us land. Since 1860, it has been in private Second, here is a satellite photo of to pursue in the second session of this ownership. At that time it was granted the volcano. The black outline rep- Congress. So I hope very much that we by the United States to the heirs of resents the Baca Ranch, approximately can make progress on it. Don Luis Maria Cabeza de Vaca as part 95,000 acres. For perspective, on the of a settlement of Spanish land grant right side of this photo is Los Alamos, By Mr. DORGAN: claims under the Treaty of Guadalupe NM, and just below it is the Bandelier S. 1212. A bill to amend the Illegal Hidalgo, and has since been known as National Monument. This large yellow Immigration Reform and Immigrant the Baca Land & Cattle Company. spot on the bottom right corner of the Responsibility Act of 1996 to clarify It has passed through several owners caldera rim is known as the Valle that records of arrival or departure are since 1860, and about once in a genera- Grande. It is the only part of the Ranch not required to be collected for pur- tion the United States has tried to pur- that most people have seen because poses of the automated entry-exit con- chase the land. The first time was in state highway 4 comes through on the trol system developed under 110 of such the 1930’s. Again, in the 1960’s the late side, but it is only one of seven valleys act for Canadians who are not other- former Senator from New Mexico, Clin- on the property. wise required to possess a visa, pass- ton P. Anderson tried to negotiate a Third, here’s a picture of the Valle port, or border crossing identification deal for the land. Finally in 1980, the Grande, it’s about 4 miles wide and 6 card; to the Committee on the Judici- owner of the land, James ‘‘Pat’’ miles long covering over 17,000 acres. ary.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9888 CONGRESSIONAL RECORD — SENATE September 24, 1997 THE ILLEGAL IMMIGRATION REFORM AND IMMI- Mr. President, I ask unanimous con- also recognized the importance of ex- GRANT RESPONSIBILITY ACT CLARIFICATION sent that the text of the bill be printed ploring the seas on our own planet. In AMENDMENT ACT OF 1997 in the RECORD. 1966, Congress enacted the Marine Re- Mr. DORGAN. Mr. President, ap- There being no objection, the bill was sources and Engineering Development proximately 1 year ago the Illegal Im- ordered to be printed in the RECORD, as Act in order to define national objec- migration Reform and Immigrant Re- follows: tives and programs with respect to the sponsibility Act became law. S. 1212 Next year at this time, September 30, oceans. That legislation laid the foun- Be it enacted by the Senate and House of Rep- dation for U.S. ocean and coastal pol- 1998, section 110 of this act will be im- resentatives of the United States of America in plemented and will adversely—and un- Congress assembled, icy and programs and has guided their intentionally—affect our neighbors in SECTION 1. EXEMPTION FOR CERTAIN ALIENS development for three decades. I was Canada. Section 110 requires the Immi- FROM ENTRY-EXIT CONTROL SYS- elected to the Senate just 3 months gration and Naturalization Service TEM. after the 1966 act was enacted into law, (a) IN GENERAL.—Section 110(a) of the Ille- [INS] to develop an automated entry gal Immigration Reform and Immigrant Re- but I am pleased that both Senators and exit system for the purpose of doc- sponsibility Act of 1996 (8 U.S.C. 1221 note) is INOUYE and KENNEDY, the two cospon- umenting the entry and departure of amended to read as follows: sors of the 1966 act still serving in the every alien arriving and leaving the ‘‘(a) SYSTEM.— Senate, have agreed to join me today United States. The United States has ‘‘(1) IN GENERAL.—Subject to paragraph (2), in introducing the Oceans Act. never had such an alien departure man- not later than 2 years after the date of the enactment of this Act, the Attorney General One of the central elements of the agement system. shall develop an automated entry and exit Unfortunately, section 110 as enacted 1966 act was establishment of a Presi- control system that will— dential commission to develop a plan fails to recognize the decades-long ‘‘(A) collect a record of departure for every practice of not requiring most Cana- alien departing the United States and match for national action in the oceans and dian nationals to fill out INS docu- the records of departure with the record of atmosphere. Dr. Julius A. Stratton, a ments—referred to as ‘‘I–94s’’ at the the alien’s arrival in the United States; and former president of the Massachusetts border. ‘‘(B) enable the Attorney General to iden- Institute of Technology and then- In a December 18, 1996 letter to the tify, through on-line searching procedures, lawfully admitted nonimmigrants who re- chairman of the Ford Foundation, led Ambassador of Canada at the time, main in the United States beyond the period the Commission on an unprecedented, Raymond Chretien, Senator Alan authorized by the Attorney General. and since unrepeated, investigation of Simpson, and Representative LAMAR ‘‘(2) EXEMPTION FOR CERTAIN ALIENS.—The this Nation’s relationship with the SMITH, the chairmen of the Senate and system under paragraph (1) shall not collect oceans and the atmosphere. The Strat- the House Judiciary Subcommittees on a record of arrival or departure for an alien— ‘‘(A) who is— ton Commission and its congressional Immigration, respectively, indicated to ‘‘(i) a Canadian national; or advisers—including Senators Warren G. Ambassador Chretien that it was not ‘‘(ii) an alien having a common nationality Magnuson and Norris Cotton—worked the intention of the Judiciary Com- with Canadian nationals and who has his or together in a bipartisan fashion. In mittee to impose any new require- her residence in Canada; and ments for border crossing cards—so- ‘‘(B) who is not otherwise required by law fact, the Commission was established called I–94’s—on Canadians who are not to be in possession, for purposes of estab- and carried out its mandate in the presently required to possess such doc- lishing eligibility for admission into the Democratic administration of Lyndon United States, of— Johnson and saw its findings imple- uments. ‘‘(i) a visa; The legislation which I am intro- ‘‘(ii) a passport; or mented by the Republicans under ducing today—which was introduced in ‘‘(iii) a border crossing identification President Richard Nixon. With a staff the House on September 16 by Con- card.’’. of 35 people, the commissioners heard gressman JOHN LAFALCE of New York— (b) EFFECTIVE DATE.—The amendment and consulted over 1,000 people, visited made by subsection (a) shall take effect as if would simply clarify the intent of Con- included in the enactment of the Illegal Im- every coastal area of this country, and gress by exempting from the section migration Reform and Immigrant Responsi- submitted some 126 recommendations 110 provisions of the act Canadian na- bility Act of 1996 (Public Law 104–208; 110 in a 1969 report to Congress entitled tionals who are not now required by Stat. 3009–546). ‘‘Our Nation and the Sea.’’ Those rec- law to possess a visa, passport, or bor- ommendations led directly to the cre- By Mr. HOLLINGS (for himself, der-crossing identification card to ation of the National Oceanic and At- Mr. STEVENS, Mr. KERRY, Ms. enter the United States. mospheric Administration in 1970, laid SNOWE, Mr. INOUYE, Mr. There is no logical reason to inhibit the groundwork for enactment of the the flow of traffic between the United BREAUX, Mr. MCCAIN, Mr. KEN- Coastal Zone Management Act [CZMA] States and Canada. If the committee’s NEDY, Mrs. BOXER, Mr. BIDEN, in 1972, and established priorities for intention is not clarified, and section Mr. LAUTENBERG, Mr. AKAKA, Federal ocean activities that have 110 is implemented at the Canadian and Mr. MURKOWSKI): border, congestion would become intol- S. 1213. A bill to establish a National guided this Nation for almost 30 years. erable. Ocean Council, a Commission on Ocean While the Stratton Commission per- According to U.S. Customs, the port Policy, and for other purposes; to the formed its job with vision and integ- in Pembina, ND, saw 963,665 individuals Committee on Commerce, Science, and rity, the world has changed since 1966. cross into North Dakota in fiscal year Transportation. Today, half of the U.S. population lives 1996, averaging 2,640 people a day. Cus- THE OCEANS ACT OF 1997 within 50 miles of our shores and more toms estimates that if the entry/exit Mr. HOLLINGS. Mr. President, I rise than 30 percent of the gross domestic system had to be implemented on the today to introduce the Oceans Act of product is generated in the coastal Canadian border, providing the agent 1997. I am pleased to be joined in this zone. Ocean and coastal resources once to spend just 1 minute per person en- endeavor by Senators STEVENS, KERRY, considered inexhaustible are severely tering it would take two customs SNOWE, BREAUX, MCCAIN, INOUYE, KEN- depleted, and wetlands and other ma- workers a nonstop daily shift of 22 NEDY, BOXER, BIDEN, LAUTENBERG, rine habitats are threatened by pollu- hours to process them. AKAKA, and MURKOWSKI. Mr. President, tion and human activities. In addition, An estimated 116 million persons plainly and simply, this bill calls for a the U.S. regulatory and legal frame- cross into the United States at all land plan of action for the 21st century to points on the Canadian border. Of explore, protect, and use our oceans work has developed over the years with these, 76 million are Canadian or and coasts. the passage of a number of statutes in United States permanent residents. This is not the first time we have addition to CZMA. These include the More than $1 billion in goods and serv- faced the need for a national ocean pol- Endangered Species Act, the Marine ices trade crosses the United States/Ca- icy. Three decades ago, our Nation Mammal Protection Act, the Marine nadian border each day. I urge the Ju- roared into space, investing tens of bil- Protection, Research, and Sanctuaries diciary Committee to consider soon lions of dollars to investigate the Moon Act, the Magnuson-Stevens Fishery mine or other legislation to clarify the and the Sea of Tranquility. During Conservation and Management Act, the intent of the 1996 act. that golden era of science, some of us Coastal Barrier Resources Act, and the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9889 Oil Pollution Act. Finally, the United Today, we still have explored only a flect the changes we have seen in re- Nations has declared 1998 to be the tiny fraction of the sea, but with the cent years. Before World War II, most International Year of the Ocean, focus- use of new technologies what we have of the U.S. shoreline was sparsely pop- ing global attention on the state of the found is truly incredible. For example, ulated. There were long, wild stretches world’s oceans. In short, it is time to hydrothermal vents, hot water geysers of coast, dotted with an occasional port reexamine our Nation’s relationship to on the deep ocean floor, were discov- city, fishing village, or sleepy resort. the sea. ered just 20 years ago by oceanog- Most barrier islands had few residents The Oceans Act is vital to the contin- raphers trying to understand the for- or were uninhabited. After the war, ued health of the oceans and prosperity mation of the earth’s crust. Now this people began pouring in, and coastal of our coasts. It is patterned after and discovery has led to the identification development began a period of explo- would replace the 1966 act. Like that of nearly 300 new types of marine ani- sive growth. In my State of South act, it is comprised of three major ele- mals with untold pharmaceutical and Carolina, our beaches attract millions ments: biomedical potential. of visitors every year, and more and First, the bill calls for development Many of our marine research efforts more people are choosing to move to and implementation of a coherent na- could have profound impacts on our the coast—making the coastal counties tional ocean and coastal policy to con- economic well-being. For example, re- the fastest growing ones in the State. serve and sustainably use fisheries and search on coastal ocean currents and Seventeen of the 20 fastest growing other ocean and coastal resources, pro- other processes that affect shoreline states in the Nation are coastal tect the marine environment and erosion is critical to effective manage- states—which compounds the situation human safety, explore ocean frontiers, ment of the shoreline. Oceanographers that the most densely populated re- create marine technologies and eco- are working with Federal, State, and gions already border the ocean. With nomic opportunities, and preserve U.S. local managers to use this new under- population growth comes the demand leadership on ocean and coastal issues. standing in protecting beachfront prop- for highways, shopping centers, Second, the bill establishes a 15- erty and the lives of those who reside schools, and sewers that permanently member Commission, similar to the and work in coastal communities. alter the landscape. If people are to Stratton Commission, to examine Development of underwater cameras continue to live and work on the coast, ocean and coastal activities and report and sonar, begun in the 1940’s for the we must do a better job of planning within 18 months on recommendations U.S. Navy, has led to major strides not how we impact the very regions in for a national policy. Commission only for military uses, but for marine which we all want to live. members would be appointed by the archaeologists and scientists exploring There is no better example of how President and the Congress. In devel- unknown stretches of sea floor. Con- our ocean and coastal policies affect oping its recommendations, the Com- sumers have benefited from the tech- public safety, than to look at the ef- mission would assess Federal programs nology now used in video cameras. fects of hurricanes. Throughout the and funding priorities, ocean-related Sonar has broad applications in both 1920’s, hurricanes killed 2,122 Ameri- infrastructure requirements, conflicts the military and commercial sector. cans while causing about $1.8 billion in among marine users, and technological Finally, marine biotechnology re- property damages. By contrast, in the opportunities. The bill authorizes ap- search is thought to be one of the first 5 years of the 1990’s, hurricanes propriations of $6 million over 2 years greatest remaining technological and killed 111 Americans, and resulted in to support Commission activities. industrial frontiers. Among the oppor- damages of about $35 billion. While we Third, the bill creates a high-level tunities which it may offer are to: re- have made notable advances in early Federal interagency Council that is store and protect marine ecosystems; warning and evacuation systems to chaired by the Secretary of Commerce monitor human health and treat dis- protect human lives, the risk of prop- and includes the heads of the Depart- ease; increase food supplies through erty loss continues to escalate and ments of Navy, State, Transportation, aquaculture; enhance seafood safety coastal inhabitants are more vulner- and the Interior, the Environmental and quality; provide new types and able to major storms than they ever Protection Agency, the National sources of industrial materials and have been. In 1989, Hurricane Hugo Science Foundation, the Office of processes; and understand biological came ashore in South Carolina, leaving Science and Technology Policy, the Of- and geochemical processes in the world more than $6 billion in damages. Of fice of Management and Budget, the ocean. that total from Hugo, the Federal Gov- Council on Environmental Quality, and In addition to the economic opportu- ernment paid out more than $2.8 billion the National Economic Council. This nities offered by our marine research in disaster assistance and more than new Council will advise the President investment, traditional marine activi- $400 million from the National Flood and serve as a forum for developing and ties play an important role in our na- Insurance Program. The payments implementing an ocean and coastal tional economic outlook. Ninety-five from private insurance companies were policy, will provide for coordination of percent of our international trade is equally staggering. In 1992, Hurricane Federal budgets and programs, and will shipped on the ocean and each year Andrew struck southern Florida and work with non-Federal and inter- products valued at more than $220 bil- slammed into low-lying areas of Lou- national organizations. lion are shipped within the United isiana, forever changing the lives of By establishing an action plan for States via the water. In 1996, commer- more than a quarter of a million people ocean and coastal activities, the cial fishermen in the United States and causing an estimated $25 to $30 bil- Oceans Act should contribute substan- landed almost 10 billion pounds of fish lion in damage. Hurricanes dem- tially to national goals and objectives with a value of $3.5 billion. Their fish- onstrate that the human desire to live in the areas of education and research, ing-related activities contributed over near the oceans and along the coast economic development, and public safe- $42 billion to the U.S. economy. During comes with both a responsibility and a ty. With respect to education and re- the same period, marine anglers con- cost. search, our view of the oceans 30 years tributed another $20 billion. Travel and The oceans are part of our culture, ago was based on a remarkably small tourism also contribute over $700 bil- part of our heritage, part of our econ- amount of information. When Jack lion to our economy, much of which is omy, and part of our future. Therefore, Kennedy was in the White House, we generated in coastal areas. Last year, we need to be smart about ocean pol- were just beginning to develop the cain South Carolina alone, the total im- icy—we need the best minds to come pability for exploring the oceans, and pact of tourism in coastal areas was altogether and take a look at what the the driving factor was the military most $6 billion. With a sound national real challenges are. It is not enough to need to hide our submarines from the ocean and coastal policy and effective sit back and assume the role of care- Soviets during the cold war. What we marine resource management, these takers. We must be proactive and de- knew of the oceans at that time was numbers have nowhere to go but up. velop a plan for the future. based as much on what fishermen With respect to public safety, it is Mr. President, Members who doubt brought up in their nets as it was on particularly important to develop the need for this legislation need only reliable scientific investigation. ocean and coastal priorities that re- pick up a newspaper and they will be

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9890 CONGRESSIONAL RECORD — SENATE September 24, 1997 face to face with pressing ocean and more than 30 percent of the Gross Domestic (5) The expansion of human knowledge of coastal issues: fish covered with lesions Product, and are of considerable importance the marine environment including the role of in the Chesapeake Bay and North Caro- for recreation, waste disposal, and mineral the oceans in climate and global environ- lina; a powerful El Nino brewing in the exploration. mental change and the advancement of edu- (2) Ocean and coastal resources are suscep- cation and training in fields related to ocean Pacific; condemnation of vacation tible to change as a direct and indirect result and coastal activities. homes as the beaches beneath them of human activities, and such changes can (6) The continued investment in and devel- erode; U.S. ships held hostage over significantly impact the ability of the opment and improvement of the capabilities, fishing disputes; and the list could go oceans and Great Lakes to provide the bene- performance, use, and efficiency of tech- on. Deciding how to manage these fits upon which the Nation depends. Changes nologies for use in ocean and coastal activi- problems and use the seas is one of the in ocean and coastal processes could affect ties. global climate patterns, marine productivity most complicated tasks we can tackle. (7) Close cooperation among all govern- and biodiversity, environmental quality, na- ment agencies and departments to ensure— There are no boundaries at sea, no national security, economic competitiveness, (A) coherent regulation of ocean and coast- tional borders with fences and check- availability of energy, vulnerability to nat- al activities; points. The resources of the sea are a ural hazards, and transportation safety and (B) availability and appropriate allocation common heritage, shared by all. While efficiency. of Federal funding, personnel, facilities, and our coastal waters are governed by the (3) Ocean and coastal resources are not in- equipment for such activities; and United States for all of us, there are finite, and human pressure on them is in- (C) cost-effective and efficient operation of creasing. One half of the Nation’s population few rules on the high seas and progress Federal departments, agencies, and pro- lives within 50 miles of the coast, ocean and grams involved in ocean and coastal activi- relies primarily on international co- coastal resources once considered inexhaust- ties. operation. ible are now threatened with depletion, and (8) The preservation of the role of the The United Nations has declared 1998 if population trends continue as expected, United States as a leader in ocean and coast- to the be the Year of the Ocean. One pressure on and conflicting demands for al activities, and, when it is in the national reason for launching the International ocean and coastal resources will increase interest, the cooperation by the United Year of the Ocean is to wake up the further as will vulnerability to coastal haz- States with other nations and international ards. organizations in ocean and coastal activities. governments and the public so we pay (4) Marine technologies hold tremendous SEC. 3. DEFINITIONS. adequate attention to the need to pro- promise for expanding the range and increas- tect the marine environment and to en- As used in this Act— ing the utility of products from the oceans (1) The term ‘‘Commission’’ means the and Great Lakes, improving the stewardship sure a healthy ocean. This is an un- Commission on Ocean Policy. precedented opportunity to celebrate of ocean and coastal resources, and contrib- (2) The term ‘‘Council’’ means the National and enhance what has been accom- uting to business and manufacturing innova- Ocean Council. tions and the creation of new jobs. (3) The term ‘‘marine research’’ means sci- plished in understanding and managing (5) Marine research has uncovered the link entific exploration, including basic science, the ocean. between oceanic and atmospheric processes engineering, mapping, surveying, moni- The Stratton Commission stated in and improved understanding of world cli- toring, assessment, and information manage- 1969: ‘‘How fully and wisely the United mate patterns and forecasts. Important new ment, of the oceans, coasts, and Great States uses the sea in the decades advances, including availability of military Lakes— technology, have made feasible the explo- ahead will affect profoundly its secu- (A) to describe and advance understanding ration of large areas of the ocean which were rity, its economy, its ability to meet of— inaccessible several years ago. In desig- increasing demands for food and raw (i) the role of the oceans, coasts and Great nating 1998 as ‘‘The Year of the Ocean’’, the Lakes in weather and climate, natural haz- materials, its position and influence in United Nations highlights the value of in- ards, and the processes that regulate the ma- the world community, and the quality creasing our knowledge of the oceans. of the environment in which its people (6) It has been 30 years since the Commis- rine environment; and sion on Marine Science, Engineering, and Re- (ii) the manner in which such role, proc- live.’’ Those words are as true today as esses, and environment are affected by they were 30 years ago. sources (known as the Stratton Commission) conducted a comprehensive examination of human actions; Mr. President, it is time to look to- (B) for the conservation, management and ocean and coastal activities that led to en- ward the next 30 years. This bill offers sustainable use of living and nonliving re- actment of major legislation and the estab- sources; and us the vision and understanding needed lishment of key oceanic and atmospheric in- (C) to develop and implement new tech- to establish sound ocean and coastal stitutions. policies for the 21st century. I thank (7) A review of existing activities is essen- nologies related to sustainable use of the the cosponsors of the legislation for tial to respond to the changes that have oc- marine environment. (4) The term ‘‘marine environment’’ incurred over the past three decades and to de- joining with me in recognizing its sig- cludes— velop an effective new policy for the twenty- nificance and trust that this body will (A) the oceans, including coastal and off- first century to conserve and use sustainable work quickly to enact it into law. I ask shore waters and the adjacent shore lands; ocean and coastal resources, protect the ma- unanimous consent that the text of the (B) the continental shelf; rine environment, explore ocean frontiers, (C) the Great Lakes; and bill be printed in the RECORD. protect human safety, and create marine There being no objection, the bill was (D) the ocean and coastal resources there- technologies and economic opportunities. of. ordered to be printed in the RECORD, as (8) While significant Federal ocean and (5) The term ‘‘ocean and coastal activities’’ follows: coastal programs are underway, those pro- includes activities related to marine re- S. 1213 grams would benefit from a coherent na- search, fisheries and other ocean and coastal Be it enacted by the Senate and House of Rep- tional ocean and coastal policy that reflects resource stewardship and use, marine aqua- resentatives of the United States of America in the need for cost-effective allocation of fiscal culture, energy and mineral resource extrac- Congress assembled, resources, improved interagency coordination, national security, marine transpor- tion, and strengthened partnerships with tation, recreation and tourism, waste man- SECTION 1. SHORT TITLE. State, private, and international entities en- This Act may be cited as the ‘‘Ocean Act of agement, pollution mitigation and preven- gaged in ocean and coastal activities. tion, and natural hazard reduction. 1997’’. (b) PURPOSE AND OBJECTIVES.—The purpose (6) The term ‘‘ocean and coastal resource’’ SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE of this Act is to develop and maintain a co- means, with respect to the oceans, coasts, AND OBJECTIVES. ordinated, comprehensive, and long-range and Great Lakes, any living or non-living (a) FINDINGS.—The Congress makes the fol- national policy with respect to ocean and natural resource (including all forms of ani- lowing findings: coastal activities that will assist the Nation mal and plant life found in the marine envi- (1) Covering more than two-thirds of the in meeting the following objectives: Earth’s surface, the oceans and Great Lakes (1) The protection of life and property ronment, habitat, biodiversity, water qual- play a critical role in the global water cycle against natural and manmade hazards. ity, minerals, oil, and gas) and any signifi- and in regulating climate, sustain a large (2) Responsible stewardship, including use, cant historic, cultural or aesthetic resource. part of Earth’s biodiversity, provide an im- of fishery resources and other ocean and SEC. 4. NATIONAL OCEAN AND COASTAL POLICY. portant source of food and a wealth of other coastal resources. (a) EXECUTIVE RESPONSIBILITIES.—The natural products, act as a frontier to sci- (3) The protection of the marine environ- President, with the assistance of the Council entific exploration, are critical to national ment and prevention of marine pollution. and the advice of the Commission, shall— security, and provide a vital means of trans- (4) The enhancement of marine-related (1) develop and maintain a coordinated, portation. The coasts, transition between commerce, transportation, and national se- comprehensive, and long-range national pol- land and open ocean, are regions of remark- curity, and the resolution of conflicts among icy with respect to ocean and coastal activi- ably high biological productivity, contribute users of the marine environment. ties; and

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9891 (2) with regard to Federal agencies and de- regarding any employees detailed to the and practices necessary to define and imple- partments— Council. ment such policy; (A) review significant ocean and coastal (c) FUNCTIONS.—The Council shall— (2) assess the condition and adequacy of in- activities, including plans, priorities, accom- (1) serve as the forum for developing an vestment in existing and planned facilities plishments, and infrastructure requirements; ocean and coastal policy and program, tak- and equipment associated with ocean and (B) plan and implement an integrated and ing into consideration the Commission re- coastal activities including human re- cost-effective program of ocean and coastal port, and for overseeing implementation of sources, vessels, computers, satellites, and activities including, but not limited to, ma- such policy and program; other appropriate technologies and plat- rine research, stewardship of ocean and (2) improve coordination and cooperation, forms; coastal resources, protection of the marine and eliminate duplication, among Federal (3) review existing and planned ocean and environment, maritime transportation safe- agencies and departments with respect to coastal activities of Federal agencies and de- ty and efficiency, the marine aspects of na- ocean and coastal activities; partments, assess the contribution of such tional security, marine recreation and tour- (3) work with academic, State, industry, activities to development of an integrated ism, and marine aspects of weather, climate, public interest, and other groups involved in long-range program for marine research, and natural hazards; ocean and coastal activities to provide for ocean and coastal resource management, and (C) designate responsibility for funding and periodic review of the Nation’s ocean and protection of the marine environment, and conducting ocean and coastal activities; and coastal policy; identify any such activities in need of reform (D) ensure cooperation and resolve dif- (4) cooperate with the Secretary of State to improve efficiency and effectiveness; (4) examine and suggest mechanisms to ad- ferences arising from laws and regulations in— dress the interrelationships among ocean applicable to ocean and coastal activities (A) providing representation at inter- and coastal activities, the legal and regu- which result in conflicts among participants national meetings and conferences on ocean latory framework in which they occur, and in such activities. and coastal activities in which the United their inter-connected and cumulative effects (b) COOPERATION AND CONSULTATION.—In States participates; and on the marine environment, ocean and coast- carrying out responsibilities under this Act, (B) coordinating the Federal activities of al resources, and marine productivity and the President and the Council may use such the United States with programs of other na- staff, interagency, and advisory arrange- biodiversity; tions; and (5) review the known and anticipated de- ments as they find necessary and appropriate (5) report at least biennially on Federal mands for ocean and coastal resources, in- and shall consult with non-Federal organiza- ocean and coastal programs, priorities, and cluding an examination of opportunities and tions and individuals involved in ocean and accomplishments and provide budgetary ad- limitations with respect to the use of ocean coastal activities. vice as specified in section 7. and coastal resources within the exclusive SEC. 5. NATIONAL OCEAN COUNCIL. SEC. 6. COMMISSION ON OCEAN POLICY. economic zone, projected impacts in coastal (a) ESTABLISHMENT.—The President shall (a) ESTABLISHMENT.— areas, and the adequacy of existing efforts to establish a National Ocean Council which (1) The President shall, within 90 days of manage such use and minimize user con- shall consist of— the enactment of this Act, establish a Com- flicts; (1) the Secretary of Commerce, who shall mission on Ocean Policy. The Commission (6) evaluate relationships among Federal, be Chairman of the Council; shall be composed of 15 members including State, and local governments and the private (2) the Secretary of the Navy; individuals drawn from Federal and State sector for planning and carrying out ocean (3) the Secretary of State; governments, industry, academic and tech- and coastal activities and address the most (4) the Secretary of Transportation; nical institutions, and public interest orga- appropriate division of responsibility for (5) the Secretary of the Interior; nizations involved with ocean and coastal ac- such activities; (6) the Administrator of the Environ- tivities. Members shall be appointed for the (7) identify opportunities for the develop- mental Protection Agency; life of the Commission as follows: ment of or investment in new products, tech- (7) the Director of the National Science (A) 7 shall be appointed by the President of nologies, or markets that could contribute Foundation; to the objectives of this Act; (8) the Director of the Office of Science and the United States, no more than 3 of whom may be from the executive branch of the (8) consider the relationship of the ocean Technology Policy; and coastal policy of the United States to (9) the Chairman of the Council on Envi- Government. (B) 2 shall be appointed by the Majority the United Nations Convention on the Law ronmental Quality; of the Sea and other international agree- (10) the Chairman of the National Eco- Leader of the Senate in consultation with the Chairman of the Senate Committee on ments, and actions available to the United nomic Council; States to effect collaborations between the (11) the Director of the Office of Manage- Commerce, Science, and Transportation. (C) 2 shall be appointed by the Minority United States and other nations, including ment and Budget; and the development of cooperative inter- (12) such other Federal officers and offi- Leader of the Senate in consultation with the Ranking Member of the Senate Com- national programs for marine research, pro- cials as the President considers appropriate. tection of the marine environment, and (b) ADMINISTRATION.— mittee on Commerce, Science, and Transpor- ocean and coastal resource management; and (1) The President or the Chairman of the tation. (D) 2 shall be appointed by the Speaker of (9) engage in any other preparatory work Council may from time to time designate deemed necessary to carry out the duties of one of the members of the Council to preside the House of Representatives in consultation with the Chairman of the House Committee the Commission pursuant to this Act. over meetings of the Council during the ab- (c) DUTIES OF CHAIRMAN.—In carrying out on Resources and the Chairman of the House sence or unavailability of such Chairman. the provisions of this subsection, the Chair- Committee on Science. (2) Each member of the Council may des- man of the Commission shall be responsible (E) 2 shall be appointed by the Minority ignate an officer of his or her agency or de- for— partment appointed with the advice and con- Leader of the House of Representatives in (1) the assignment of duties and respon- sent of the Senate to serve on the Council as consultation with the Ranking Member of sibilities among staff personnel and their an alternate in the event of the unavoidable the House Committee on Resources and the continuing supervision; and absence of such member. Ranking Member of the House Committee on (2) the use and expenditures of funds avail- (3) An executive secretary shall be ap- Science. able to the Commission. pointed by the Chairman of the Council, with (2) CHAIRMAN.—The President shall select a (d) COMPENSATION OF MEMBERS.—Each the approval of the Council. The executive Chairman and Vice Chairman from Among member of the Commission who is not an of- secretary shall be a permanent employee of such 15 members. ficer or employee of the Federal Govern- one of the agencies or departments rep- (3) ADVISORY MEMBERS TO THE COMMIS- ment, or whose compensation is not pre- resented on the Council and shall remain in SION.—The President shall appoint 4 advisory cluded by a State, local, or Native American the employ of such agency or department. members from among the Members of the tribal government position, shall be com- (4) For the purpose of carrying out the Senate and House of Representatives as fol- pensated at a rate equal to the daily equiva- functions of the Council, each Federal agen- lows: lent of the annual rate payable for Level IV cy or department represented on the Council (A) Two Members, one from each party, se- of the Executive Schedule under section 5315 shall furnish necessary assistance to the lected from the Senate. of title 5, United States Code, for each day Council. Such assistance may include— (B) Two Members, one from each party, se- (including travel time) during which such (A) detailing employees to the Council to lected from the House of Representatives. member is engaged in the performance of the perform such functions, consistent with the (b) FINDINGS AND RECOMMENDATIONS.—The duties of the Commission. All members of purposes of this section, as the Chairman of Commission shall report to the President the Commission who are officers or employ- the Council may assign to them; and and the Congress on a comprehensive na- ees of the United States shall serve without (B) undertaking, upon request of the Chair- tional ocean and coastal policy to carry out compensation in addition to that received man of the Council, such special studies for the purpose and objectives of this Act. In de- for their services as officers or employees of the Council as are necessary to carry out its veloping the findings and recommendations the United States. functions. of the report, the Commission shall— (e) STAFF.— (5) The Chairman of the Council shall have (1) review and suggest any necessary modi- (1) The Chairman of the Commission may, the authority to make personnel decisions fications to United States laws, regulations, without regard to the civil service laws and

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9892 CONGRESSIONAL RECORD — SENATE September 24, 1997 regulations, appoint and terminate an execu- ment any information it deems necessary to (5) The President shall identify in each an- tive director who is knowledgeable in admin- carry out its functions under this Act. Each nual budget submitted to the Congress under istrative management and ocean and coastal such agency or department is authorized to section 1105 of title 31, United States Code, policy and such other additional personnel as cooperate with the Commission and, to the those elements of agency or department may be necessary to enable the Commission extent permitted by law, to furnish such in- budget that contribute to the implementa- to perform its duties. The employment and formation to the Commission, upon the re- tion of a national ocean and coastal policy. termination of an executive director shall be quest of the Chairman of the Commission. SEC. 8. REPEAL OR 1966 STATUTE. subject to confirmation by a majority of the (2) The Commission may use the United The Marine Resources and Engineering De- members of the Commission. States mails in the same manner and under velopment Act of 1966 (33 U.S.C. 1101 et seq.) (2) The executive director shall be com- the same conditions as other departments is repealed. pensated at a rate not to exceed the rate and agencies of the United States. Mr. STEVENS. Madam President, I payable for Level V of the Executive Sched- (3) The General Services Administration am pleased to be an original cosponsor ule under section 5316 of title 5, United shall provide to the Commission on a reim- States Code. The Chairman may fix the com- bursable basis the administrative support of Senator HOLLINGS’ bill to require a pensation of other personnel without regard services that the Commission may request. wholesale review of the Nation’s oceans to the provisions of chapter 51 and sub- (4) The Commission may enter into con- and coastal policies to prepare for the chapter III of chapter 53 of title 5, United tracts with Federal and State agencies, pri- 21st century. We have not done this States Code, relating to classification of po- vate firms, institutions, and individuals to since the 1960’s, and the time has come. sitions and General Schedule pay rates, ex- assist the Commission in carrying out its du- The bill has three important compo- cept that the rate of pay for such personnel ties. The Commission may purchase and con- nents: First, it calls for the develop- may not exceed the rate payable for GS–15, tract without regard to section 303 of the ment of a coherent national ocean and step 7, of the General Schedule under section Federal Property and Administration Serv- coastal policy; second, it establishes a 5332 of such title. ices Act of 1949 (41 U.S.C. 253), section 18 of (3) Upon request of the Chairman of the the Office of Federal Procurement Policy 15-member commission similar to the Commission, the head of any Federal Agency Act (41 U.S.C. 416), and section 8 of the Small Stratton Commission to make rec- shall detail appropriate personnel of the Business Act (15 U.S.C. 637), pertaining to ommendations within 18 months on agency to the Commission to assist the Com- competition and publication requirements, this national ocean and coastal policy; mission in carrying out its functions under and may arrange for printing without regard and third, it creates an interagency this Act. Federal Government employees de- to the provisions of title 44, United States council of all the Federal agencies in- tailed to the Commission shall serve without Code. The contracting authority of the Com- volved in oceans and coastal matters, reimbursement from the Commission, and mission under this Act is effective only to chaired by the Secretary of Commerce, such detailee shall retain the rights, status, the extent that appropriations are available and privileges of his or her regular employ- for contracting purposes. to coordinate the implementation of ment without interruption. (h) REPORT.—The Commission shall submit the national policy. (4) The Commission may accept and use to the President, via the Council, and to the I applaud Senator HOLLINGS for de- the services of volunteers serving without Congress not later than 18 months after the veloping this legislation. As has been compensation, and to reimburse volunteers establishment of the Commission, a final re- pointed out, over half of the U.S. popu- for travel expenses, including per diem in port of its findings and recommendations. lation lives within 50 miles of our lieu of subsistence, as authorized by section The Commission shall cease to exist 30 days shores. In my State, the oceans employ 5703 of title 5, United States Code. Except for after it has submitted its final report. the purposes of chapter 81 of title 5, United more people in the private sector than (i) AUTHORIZATION OF APPROPRIATIONS.— any other industry. The demands on States Code, relating to compensation for There are authorized to be appropriated to work injuries, and chapter 171 of title 28, support the activities of the Commission a our oceans and coastal resources con- United States Code, relating to tort claims, total of $6,000,000 for fiscal years 1998 and tinues to grow, and we must be pre- a volunteer under this section may not be 1999. Any sums appropriated shall remain pared to meet these demands in the considered to be an employee of the United available without fiscal year limitation until 21st century. States for any purpose. expended. Mr. KERRY. Mr. President, I rise (5) The Commission is authorized to pro- SEC. 7. REPORT AND BUDGET COORDINATION. today to support the efforts of my es- cure the temporary and intermittent serv- (a) BIENNIAL REPORT.—Beginning in Janu- ices of experts and consultants in accordance teemed colleagues, particularly the ary, 1999, the President, through the Council, with section 3109 of title 5, United States ranking member of the Commerce shall transmit to the Congress biennially a Code, but at rates not to exceed the daily Committee, Senator HOLLINGS, and the report, which shall include— rate payable for GS–15, step 7, of the General chairman of the Appropriations Com- (1) a comprehensive description of the Schedule under section 5332 of title 5, United mittee, Senator STEVENS, and to co- ocean and coastal activities and related ac- States Code. complishments of all agencies and depart- sponsor the Oceans Act of 1997. I have (f) ADMINISTRATION.— great respect for Senators HOLLINGS (1) All meetings of the Commission shall be ments of the United States during the pre- open to the public, except when the Chair- ceding two fiscal years; and and STEVENS and their stewardship of man of the Commission or a majority of the (2) an evaluation of such activities and ac- our ocean and coastal resources. members of the Commission determine that complishments in terms of the purpose and Since the day I first arrived in the the meeting or any portion of it may be objectives of this Act. Reports made under Senate nearly 12 years ago, I have closed to the public. Interested persons shall this section shall contain such recommenda- worked hard to address the many chal- be permitted to appear at open meetings and tions for legislation as the President may lenges confronting our common ocean consider necessary or desirable. present oral or written statements on the and coastal resources. I have led this subject matter of the meeting. The Commis- (b) BUDGET COORDINATION.— (1) Each year the Council shall provide effort principally through my partici- sion may administer oaths or affirmations to pation and leadership on the Com- any person appearing before it. general guidance to each Federal agency or (2) All open meetings of the Commission department involved in ocean or coastal ac- merce, Science, and Transportation shall be preceded by timely public notice in tivities with respect to the preparation of re- Committee, and particularly as rank- the Federal Register of the time, place, and quests for appropriations. ing member on the Oceans and Fish- subject to the meeting. (2) Working in conjunction with the Coun- eries Subcommittee and as cochair of (3) Minutes of each meeting shall be kept cil, each agency or department involved in its predecessor, the national ocean pol- such activities shall include with its annual and shall contain a record of the people icy study [NOPS]. present, a description of the discussion that request for appropriations a report which— (A) identifies significant elements of the Over the last 25 years, Congress has occurred, and copies of all statements filed. worked to develop innovative policy Subject to section 552 of title 5, United proposed agency or department budget relat- States Code, the minutes and records of all ing to ocean and coastal activities; and solutions to enable the long-term pro- meetings and other documents that were (B) specifies how each such element con- tection, conservation, utilization, and made available to or prepared for the Com- tributes to the implementation of a national management of our vulnerable marine mission shall be available for public inspec- ocean and coastal policy. resources. We have acted to ensure tion and copying at a single location in the (3) Each agency or department that sub- strong coastal economies in Massachu- offices of the Commission. mits a report under paragraph (1) shall sub- setts and a clean, healthy coastal envi- mit such report simultaneously to the Coun- (4) The Federal Advisory Committee Act (5 ronment from the Gulf of Maine to the U.S.C. App.) does not apply to the Commis- cil. sion. (4) The President shall, in a timely fashion, Gulf of Alaska. (g) COOPERATION WITH OTHER AGENCIES.— provide the Council with an opportunity to In that vein therefore, I believe that (1) The Commission is authorized to secure review and comment on the budget estimate it is time for us, like the Stratton directly from any Federal agency or depart- of each such agency or department. Commission did over 30 years ago, to

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9893 take an inventory of where our Nation ers that combine storm water and sani- United States, and to develop a com- has been and where we are going retary flows empty directly into rivers prehensive, coordinated, national garding the great responsibility of and coastal waters. In 1992 heavy rains ocean and coastal policy. stewardship of our coastal resources. and flooding caused severe CSO over- Prior to introduction, I raised a few The Oceans Act of 1997 will provide the flows in Los Angeles which forced the concerns with Senator HOLLINGS on framework for that effort. temporary closing of over 70 miles of some provisions of the draft bill. Basi- The bill contains three major provi- adjacent coastal areas. Coastal area cally, I had recommended some lan- sions. First, it calls for development of real estate development has acceler- guage that made it clear that as we de- a national ocean and coastal policy to ated to the point that over 50 percent velop a new ocean and coastal policy provide for protection from natural of annual U.S. residential construction for the Nation, we keep in mind the hazards, stewardship of fisheries and during the past two decades has oc- facts that our fiscal resources are lim- coastal resources, protection of the curred in coastal areas. This trend is ited, and that our Federal investments marine environment, enhanced marine expected to continue and is expected to in ocean and coastal resources must be transportation and security, continued stress coastal ecosystems even further spent efficiently and wisely. I also investment in marine technologies, mostly in California and Florida, two raised some concerns about the fact ocean monitoring and exploration, of the Nation’s most productive coastal that the original draft had the Presi- Government cooperation and coordina- areas. This also increases risk to life dent appointing all of the members of tion, and continued U.S. international and property due to hurricanes and this important commission. leadership. Second, it establishes a other major storms. For example the Mr. President, Senator HOLLINGS has Commission on Ocean Policy to com- price tag for Hurricane Andrew, one of graciously agreed to make some plete an 18-month examination and the largest storms in history, was esti- changes to the bill pursuant to my rec- evaluation of ocean and coastal activi- mated to be $25 to $30 billion. Further ommendations. For instance, the bill ties and provide recommendations for sea level rise from global warming will now authorizes the Congress to appoint national policy. Third, it creates an exacerbate this already growing prob- more than half of the commission interagency National Ocean Council, lem. members, and the commission is di- headed by the Secretary of Commerce Further, as the world population rected to identify opportunities to re- to advise the President and serve as a grows, we will become more and more form Federal ocean programs to im- forum for developing and implementing dependent on food from the sea. Since prove efficiency and effectiveness. I ocean and coastal policy programs, des- 1977 total fish harvest from the EEZ in- commend Senator HOLLINGS for his ignate funding responsibilities, provide creased more than 325 percent to a willingness to work with me and other coordination of Federal budgets, and peak of 6.65 billion pounds annually in Republican Senators before introduc- work with non-Federal organizations 1986–88, but has subsequently de- tion of the bill. After introduction, I to periodically review the Nation’s clined—only 6.32 in 1993. Alaska pol- look forward to working with the dis- ocean and coastal policy. lock and Gulf of Mexico shrimp were tinguished Senator from South Caro- lina, a Senator who worked on the The time for this legislation is now, the leading fisheries in 1993. Imported original Stratton Commission bill 30 the world population will double to seafood comprised 57 percent of U.S. years ago and who is a true champion over 10 billion by the middle of the consumption during 1996, a 3 percent of ocean protection, in the Oceans and next century. Today over 50 percent of increase from 1995. world population resides in coastal Many problems exist however in the Fisheries Subcommittee on any further areas. The United States and its insu- way we manage the world’s fisheries. A refinements along these lines that lar areas have more than 95,000 miles of Time magazine article of August 11, might be constructive. Again, I thank Senator HOLLINGS and coastline and the offshore U.S. Exclu- 1997, on the world overfishing problem, commend him upon introduction of sive Economic Zone [EEZ] encompasses stated that ‘‘fish of all kinds are being this bill. more than 3.4 million square miles, hauled from the sea faster than they Mr. KENNEDY. Mr. President, it is nearly equal to the land area of the can reproduce.’’ We addressed many of an honor for me to join as a sponsor of United States. those concerns with the passage of the Oceans Act of 1997. Our goal in this Over the last 30 years the coastal ‘‘Sustainable Fisheries Act’’ last year. legislation is to deal more effectively area populations have increased from With a focus on overfishing, we estab- with one of the most important aspects 80 to over 110 million and is projected lished National goals to rebuild most of our overall policy for the environ- to reach 127 million by 2010. If these currently overfished stocks in 10 years, ment—our efforts to preserve and pro- trends continue, much heavier de- provided for the protection of fish habi- tect our management ocean and coast- mands will be placed on ocean and tats and Pacific Insular Areas, estab- al resources. coastal resources, that is, need for food lished a by-catch reduction program, I commend Senator HOLLINGS for his from the sea for world protein require- and encouraged the development of un- leadership on this important legisla- ments and energy and mineral produc- derutilized species. tion. tion from offshore deposits. Ocean However, more can be done, particu- threats from this vast expansion in- larly on an international level. Fish By Mr. ALLARD: clude; sewage, chemical, and garbage stocks migrate across jurisdictions. S. 1214. A bill to amend the Line-Item disposal, runoff from agricultural and Nations approach fisheries conserva- Veto Act of 1996 to eliminate the re- forested lands, exploitation of fisheries tion and manage differently. Develop- quirement that a Federal budget def- resources, development of energy and ment of conversation objectives of na- icit must exist in order for the Presi- mineral resources, and coastal infra- tions harvesting common fish stocks dent to use the line-item veto author- structure development. Moreover, re- often clash, and overcapitalized fleets ity; to the Committee on the Budget cent years have yielded a degradation are over-harvesting the available re- and the Committee on Governmental of coastal water quality, loss of wet- sources in many areas. Affairs, jointly, pursuant to the order lands, closure of beach and recreational Again, much work remains and we of August 4, 1977, as modified by the areas, pollution of fishery and shellfish must be vigilant in our duty to pre- order of April 11, 1986, with instruc- management resources that diminish serve and protect the oceans and coast- tions that if one committee reports, the resource base, contaminate sea- al resources as we start the next cen- the other committee have 30 days to food, and endanger human health. In tury. report or be discharged. fact over 70 percent of U.S. commercial Ms. SNOWE. Mr. President, I am LEGISLATION TO STRENGTHEN THE LINE-ITEM and recreational fish and shellfish de- pleased to join the ranking member of VETO pend on estuaries at some point in the Commerce Committee, Senator Mr. ALLARD. Mr. President, today I their life cycle. HOLLINGS, in the introduction of the am pleased to introduce legislation Toxic chemicals and sewage dumped Oceans Act of 1997. This bill will estab- that will strengthen the recently en- have contaminated the Nation’s har- lish a commission like the Stratton acted line-item veto. bors and waterways. More than 20,000 Commission of 1966 to review the many Currently, the line-item veto can combined sewer overflows [CSO’s], sew- ocean and coastal issues facing the only be exercised by the President

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9894 CONGRESSIONAL RECORD — SENATE September 24, 1997 when there is a deficit. This legislation Mr. President, I cast my vote for a Third, the proposed math test is would eliminate that restriction and permanent line-item veto. The Presi- steeped in the new, unproven whole provide for line-item veto authority dent and Congress cannot afford to math or fuzzy math philosophy, which whether there is a deficit or a surplus. take a vacation from the battle against encourages students to rely on calcula- Mr. President, the purpose of the wasteful Government programs. tors, discourages basic math skills, and line-item veto should be to reduce has resulted in declines in math per- wasteful Government programs, as well By Mr. ASHCROFT: formance. For example, the median as reduce deficits. S. 1215. A bill to prohibit spending percentile computation scores on the Last year the Congress approved leg- Federal education funds on national Comprehensive Test of Basic Skills islation that granted the President testing; to the Committee on Labor taken by more than 37,000 DODDS stu- line-item veto authority beginning in and Human Resources. dents one year after the Defense De- 1997. The Congress did this out of prin- NATIONAL TESTING LEGISLATION partment introduced whole math ciple. Members did not wait to see Mr. ASHCROFT. Mr. President, I rise dropped 9 points for third graders, 12 which candidate won the election be- today to introduce legislation to pro- for fourth graders, 11 for fifth graders, fore deciding whether to grant the new hibit the Federal Government from de- 10 for sixth graders, 10 for seventh authority, and in August history was veloping and/or imposing new national graders, and 4 for eighth graders. made when President Clinton became individualized tests on students across Finally, Federal testing takes away the first President to exercise the line- the country. local control and parental involve- item veto. During his State of the Union Ad- ment. The Federal Government should While some Members of Congress dress this year, President Clinton an- not impose its will on school boards, may not agree with the specific provi- nounced his intentions to establish na- parents, and teachers about the edu- sions that the President selected to tional tests for students in fourth cation of their children. Rather, edu- line-item veto, the important point is grade reading and eighth grade mathe- cation should be controlled by school that any President should have this matics. Without waiting for congres- boards in local communities, where power as a check on narrow special in- sional authority, the Department of parents have the greatest opportunity terest spending and tax provisions. If Education surged ahead and began de- to be involved in the education of their Congress wishes to restore a vetoed velopment of uniform national tests, child, by participating in the develop- provision it can do so with the req- with plans to administer them starting ment of school curriculum and testing. uisite two-thirds vote. in 1999. In August, the Department an- After all, research confirms that paren- I have long been a supporter of line- nounced the award of a $13 million con- tal involvement is the single most im- item veto authority for the President. tract for its national testing initiative, portant element in educating our chil- In my view it will serve as a powerful and plans to spend an estimated $50.6 dren. check on Congress’ ability to load up million under the contract from fiscal Mr. President, the big losers from na- bills with wasteful provisions. year 1998 through fiscal year 2001, in- tional tests will be students, parents, I think it is safe to say that the cluding $12.3 million for fiscal year teachers, and local school boards. Once President’s use of the line-item veto 1998. Federal exams are in place, teachers has created an environment in which In response, Representative BILL and schools will teach the test. In narrow spending and tax provisions are GOODLING, chairman of the Committee other words, they will change their going to be scrutinized much more on Education and the Workforce, of- classes to fit the Federal tests, in order carefully before they are loaded onto fered an amendment in the House to get higher scores. Textbooks and in- legislation. which prohibits the expenditure of fis- structional materials will follow suit, I recognize that there have been cal year 1998 funds for a new national even in areas that attempt to avoid na- court challenges concerning the con- testing program. While the Senate tional tests. As a result, Washington stitutionality of the statutory line- failed to consider fully and vote on the bureaucrats who design the tests will item veto. I believe that this authority Goodling approach during its debate of shape local curriculum decisions. Na- is constitutional and I certainly hope the Labor-HHS appropriations bill, the tional control of curriculum is abso- that the Supreme Court comes down on House embraced the Goodling amend- lutely unacceptable to me. Once the that side. However, this issue is impor- ment, approving it by a resounding Federal Government is using tests to tant enough that we should amend the vote of 295 to 125. shape curriculum, parental control Constitution if necessary. That is why The House vote sends a clear and through local school boards will be earlier this year I introduced a line- strong signal that Congress should pro- doomed. item veto constitutional amendment. hibit Federal funds for national testing Today, however we should focus on in education. In fact, the alliance of Who should control local education? I the line-item veto that is before us and members from both sides of the polit- believe our schools should remain look for ways to improve that law. ical spectrum demonstrates the uni- under the control of parents, teachers, That is the purpose of this legislation. versal concern that the administra- and school boards, in cooperation with In the last several years our economy tion’s proposal is besieged by problems. the States. The flawed whole math ap- has been very healthy and tax revenues Here are just a few of the many reasons proach which brought major losses in have come in at much higher levels why national tests should be opposed: computation test scores demonstrates than previously forecast. This has cre- First, education experts such as Dr. the central threat in national control: ated a situation where we may actually Donald J. Senese, former Assistant When the bureaucrats make a mistake, see a budget surplus at some point in Secretary for Educational Research everybody pays, from coast to coast. the next several years. Does this mean and Improvement during the Reagan Parents are looking to Congress to we should rescind the line-item veto administration, warn that national protect their right and their ability to authority we have given the President? testing will lead to a national cur- shape the education of their children. Of course not, but that would be the re- riculum. A national testing system would de- sult as the law was drafted in 1996. Second, Lynne Cheney, former chair- prive parents of this vital opportunity. My view is that the line-item veto person of the National Endowment for As Members of Congress, we can show should be used in both deficit and sur- the Humanities, reminds us that Fed- our support for education by saying plus times. While we may have some eral efforts to set standards and tests ‘‘no’’ to national testing and ‘‘yes’’ to surplus years on the horizon, it is clear have been disastrous. She points to the parental control of their children’s that without entitlement reform mas- politically correct Federal history learning. sive deficits will return just after the standards and the English-language Mr. President, I ask unanimous con- turn of the century. This means that arts standards, which were such an ill- sent that the text of the bill be printed we must be constantly working to considered muddle that even the Clin- in the RECORD. eliminate wasteful Government pro- ton Department of Education cut off There being no objection, the bill was grams. A line-item veto is one way to funding for them after having spent ordered to be printed in the RECORD, as help do that. more than $1 million in taxpayer funds. follows:

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9895 S. 1215 China in 1940 to a Russian father and a Year’s Eve gathering, his car was Be it enacted by the Senate and House of Rep- Chinese mother. Her father was a naval rammed by a Georgian police car and resentatives of the United States of America in officer in the Tsarist navy and fought Olga’s husband was killed. Congress assembled, against the Bolsheviks during the Rus- When asked by the immigration SECTION 1. PROHIBITION ON NATIONAL TEST- sian Revolution. Her mother met Mrs. judges at Justice, our State Depart- ING. Gorgiladze’s father in Shanghai where ment reported that Georgia is in a Part C of the General Education Provision he had fled after the war. Olga grew up state of cease-fire and everybody is Act (20 U.S.C. 1231 et seq.) is amended by getting along with each other. Further, adding at the end the following: in China, speaking Chinese. But, once again in 1954, her family had to flee an- the Justice Department conjectured ‘‘SEC. 447. PROHIBITION ON NATIONAL TESTING. that if the Georgian police wanted ‘‘(a) GENERAL PROHIBITION.—Notwith- other violent Communist takeover— standing any other provision of Federal law, and her father moved the family back Olga’s husband killed, the would have funds provided to the Department or for an to the Soviet Union. They were sent to used means other than an auto acci- applicable program may not be used to de- work on the undeveloped desert lands dent involving a police car. The INS velop, plan, implement, or administer any of Kazakhstan. In 1959, after her father and immigration judges down there at national testing program. died of cancer she was given permission the Justice Department have used this ‘‘(b) EXCEPTION.—Subsection (a) shall not by the Soviet authorities to move to information and conclusions to deny apply to the following: Sukhami, Georgia, near the Russian Mrs. Gorgiladze’s request for asylum. ‘‘(1) The National Assessment of Edu- border. Yet, there were numerous letters and cational Progress carried out under section affidavits by witnesses regarding 411 of the National Education Statistics Act In 1971, Olga graduated from the of 1994 (20 U.S.C. 9010). Teachers College of Foreign Languages Malkhaz Gorgiladze’s murder. And, in ‘‘(2) The Third International Mathematics where she majored in English. How- Georgia, the ultranationalists blame and Science Study (TIMSS).’’. ever, she was denied a teaching posi- non-Georgians, and in particular blame tion because preference was given to Russians, for all their misfortunes and By Mr. HOLLINGS: Georgians. She finally got a job as a lack of economic development. Friends S. 1217. A bill for the relief of Olga part-time teacher at the college from and relatives of Olga Gorgiladze have Gorgiladze; to the Committee on the which she graduated, but was later warned her that she should not return. Judiciary. fired when all classes for Russian They tell her that she will never be PRIVATE RELIEF LEGISLATION speaking groups were terminated. De- able to get a job and always will be an Mr. HOLLINGS. Mr. President, I am spite her advanced education—equiva- outcast. They say she will be consid- introducing a bill today that will grant lent to a masters degree in this coun- ered a traitor. And, Malkhaz will not be there to try and defend her as in the permanent residency in the United try—she has continually been forced to past. In short, they fear for her safety, States to Olga Gorgiladze. take low-paying clerk positions be- I serve as the ranking member of the as do I. cause of discrimination against her as Mrs. Gorgiladze’s case is truly heart- Appropriations Subcommittee that has a non-Georgian. Other discriminations wrenching. And, here is a woman I jurisdiction and oversight over both displayed against her included housing might add—that has worked for the the Immigration and Naturalization which is controlled by the state and last 5 years at MCI Customer Service Service and the Executive Office for purchasing of food and supplies. Representative International Depart- Immigration Review. I can tell you Since 1991, the Caucasus nations have ment and turned around and paid her that with respect to Mrs. Gorgiladze’s been plagued by ethnic strife and war- taxes to the State of Virginia and the case—they have missed the mark. They fare. We have all watched the violence U.S. Government. In my view, she has have done this woman an injustice. It and bloodshed in the Abkhaszia region been an outstanding resident in our is a wrong that this Senate and this of Georgia, between Armenia and Azer- Nation who serves as an example of the Congress should make right. baijan in Nagorno-Karabakh, and the American dream. She has never broken Olga Gorgiladze’s case is a special war in Chechneya. Less well televised any law and has never been on welfare situation that involves the turmoil and is the hostility and persecution of out- or asked the Government for handouts. changes that came with the fall of the siders and ethnic minorities. In Geor- She has followed the immigration rules Berlin Wall and the collapse of the So- gia, there is hostility to anything or every step of the way. She is what viet Union. In September 1991, Mrs. anyone affiliated with Russia. As a America is all about. What astonishes Gorgiladze came to the United States woman who looks Chinese, speaks only me is why the Justice Department to stay with her lifelong friend, Russian and English, Olga Gorgiladze would want to deport this 57-year-old Merilyn Hodgson. Three months later has been subject to countless incidents woman. the Soviet Union was dissolved and of verbal, physical, and mental abuse. Mr. President, I have served in the civil and ethnic war broke out in Geor- Mrs. Gorgiladze does not and cannot U.S. Senate over 30 years. Every now gia, the Soviet Republic where Mrs. blend into the Georgian population. and then we get an opportunity to Gorgiladze’s husband was from. She ap- She has been beaten, spit on, verbally stand up for someone who the Federal plied for asylum in this country in and physically abused. Her safety and bureaucracy has mistreated. This is March 1992. INS and the Executive Of- livelihood have always felt threatened one of those times. Olga Gorgiladze’s fice of Immigration Review finally got every minute of every day while living situation has touched me. Since her to her case in late 1995 and turned down in Georgia. For example, while riding friend brought the case to my atten- her request. They instructed Mrs. the bus, Mrs. Gorgiladze has been beat- tion, I can’t stop thinking about how Gorgiladze to obtain Georgian citizen- en and threatened with knifes, chains, unfair it seems. I’ve sat in Senate hear- ship and to leave for that country. The and various other weapons. ing after hearing on the Immigration irony, of course, is that Olga Her husband of 25 years, Malkhaz and Naturalization Service asking why Gorgiladze is not now and never has Gorgiladze, stayed in Georgia and action is not taken to deport illegal been a Georgian citizen. In fact, quite warned Olga of the dangers posed to aliens who got into this country the contrary she fears for her safety her if she returned to that country. He through deception. I have listened to should she be forced to go to that na- encouraged her to seek asylum in the this administration try to explain how tion. She loves the United States. She United States and collected evidence in 1996 they naturalized thousands of loves our democratic society that pro- for her hearing. He especially worked aliens with criminal backgrounds. And, tects freedom of speech and religion. to document police inactivity and the I find it astonishing, these very same Most importantly, she feels safe in a Georgian officials’ complicity in at- Justice immigration judges have ruled nation that has racial and ethnic diver- tacks on non-Georgians by violent na- in separate cases that homosexuality sity. The reality is that Olga tionalist groups. The police warned per se does constitute a legitimate Gorgiladze wants to become an Amer- him to stop his efforts. Malkhaz claim for asylum. But, in this case we ican, not a Georgian citizen. Gorgiladze began to receive anonymous have a woman who came to the United Olga Gorgiladze is not even eth- phone calls and threats and warnings States legally, who is not and never nically Georgian. She is half Chinese to stop criticizing the police. In 1996, has been a citizen of Georgia, who had and half Russian. She was born in while returning home from a New her husband killed by

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9896 CONGRESSIONAL RECORD — SENATE September 24, 1997 Georgian authorities, who legitimately malfunction or collapse of computers In addition I am introducing a bill fears for her safety if sent there, who and computer networks around the today that would instruct the Federal has complied with all the United world. Communications Commission to ini- States immigration laws, and who has Date information plays a significant tiate a proceeding to determine the in- paid her own way and has not been a role in almost all computer applica- tegrity of the telecommunications net- burden to taxpayers in this country— tions developed over the last 30 years. works as the year 2000 arrives. It also and this is who the Justice Department The year 2000 problem has many prac- requires the National Institute of wants to deny asylum and deport? tical implications from the relatively Standards and Technology to review Maybe I should forgo this bill and sim- benign to the very serious. Credit cards the risks to personal computers and reply tell Olga to pretend that she is ho- may be read as invalid, traffic lights quires the Department of Transpor- mosexual. This is injustice. This is just may not operate, 99 years of bank tation to assure that transportation simply wrong. records could be destroyed or the Na- safety is not compromised. Mr. President, I am introducing this tion’s air traffic control systems could Inconvenience can be tolerated, but bill today because the system is not fail. The list of possible failures is every effort must be taken to assure working. I believe that Olga Gorgiladze nearly endless and can be found in sys- that the health and safety of humans has legitimate reasons to fear being de- tems used by the government, the busi- and the security and integrity of net- ported to Georgia. She is not Georgian ness community, and personal com- works and data are not compromised and does not belong in that country. It puter users worldwide. Personal com- by what we know to be a significant is ludicrous for the United States Gov- puters are less susceptible to the prob- weakness in our computer networks ernment to be ordering her to apply for lem and in most cases can be quickly and software. Georgian citizenship. What she has fixed. However, business and govern- In conclusion, I am also very concerned by reports that small and demonstrated is that she does belong in ment leaders should be working night and day to ensure that the computer midsize businesses are experiencing dif- this country. In her case the system systems the country depends on are re- ficulty in determining if their com- has failed and I think it is incumbent programmed to correctly recognize the puter systems are year 2000 compliant upon the United States Senate to put date in time for the arrival of New because some third-party systems ven- things right. I am pleased to sponsor Year’s Day 2000. dors are not forthcoming with informa- this bill. I intend to work with the Ju- The time and financial commitment tion about their products. An already diciary Committee, with Senators necessary to replace the problematic difficult task is further complicated by ABRAHAM, KENNEDY, HATCH, and LEAHY, date code is stunning. The Gartner uncooperative third party vendors who to ensure that Mrs. Olga Gorgiladze is Group estimates that costs could ex- fail to help these companies under- permitted to remain in the United ceed $600 billion. Newsweek magazine stand how the year 2000 problem could States. points out that this sum is enough to affect their businesses. These compa- fund a year’s worth of education costs, By Mr. KERREY. nies have a responsibility to provide preschool through graduate school. S. 1218. A bill to assure the integrity their customers with the information Correcting the problem is technically of information, transportation, and they need to make their systems year simple, however in order to find the telecommunications upon the arrival 2000 compliant. date information the entire program of the year 2000; to the Committee on There is still time to act and prevent must be manually scanned line for line. dangerous disruptions in computer, Commerce, Science, and Transpor- Often, the programs are written in the tation. transportation and computer networks outdated COBAL programming lan- and the loss of valuable data. If the pri- THE MILLENNIUM ACT guage and finding programmers skilled vate and public sector does that, then Mr. KERREY. Mr. President, one of in older languages to solve the problem Americans can party, and not panic the challenges of the 21st century is al- is very difficult because the demand for when the clock strikes midnight on ready upon us. It is commonly known their services is sky rocketing. After a New Year’s eve 1999. Mr. President I as the year 2000 computer problem or competent technician is hired and they ask unanimous consent that the text of the millennium bug. At issue is a pro- have analyzed the code and made the my bill be printed in the RECORD. gramming technique that could lead to necessary changes, the programs must There being no objection, the bill was the malfunction of computer systems go through a time consuming testing ordered to be printed in the RECORD, as worldwide on January 1, 2000. It is es- phase. In sum, it is a very complex follows: sential that government, business, and task and it is quickly becoming too S. 1218 personal computer users take adequate late to begin the reprogramming proc- Be it enacted by the Senate and the House of steps to fix this problem in advance of ess. Representatives of the United States of America December 31, 1999, to ensure that Many companies and government of- in Congress assembled, cyberspace enters the next millennium fices have already taken steps to avert SECTION 1. SHORT TITLE. without a hitch. this problem and are well on their way This Act may be referred to as the ‘‘Millen- During the early years of computing, to making their systems year 2000 com- nium Act.’’ computer storage space was incredibly pliant. Unfortunately, many others SEC. 101. TELECOMMUNICATIONS NETWORKS. expensive. Storage space that costs have not addressed the problem and the (a) The Federal Communications Commis- only 10 cents per megabyte today, cost sion shall initiate a proceeding to evaluate time needed to analyze, modify, and the potential dangers to the nation’s tele- $36 per megabyte in 1972. In an effort to test the code used by these entities is communications networks from to software reduce storage costs, computer pro- quickly slipping away. I am very con- and systems which are unable to effectively grammers commonly programmed date cerned that further delays will leave toll the passage of time from December 31, information using only two digits to the government and many private com- 1999 to January 1, 2000. indicate the year. For example, 1999 panies unprepared to carry out normal (b) The Commission shall make necessary would be programmed as 99. This clever transactions in the early days of the and appropriate regulatory changes within space saving trick saved computer next century. In order to address this their jurisdiction to ensure the integrity of the nation’s telecommunications networks. users millions of dollars and became problem, I have joined Senator MOY- SEC. 102. PERSONAL COMPUTERS. industry practice because programmers NIHAN as a cosponsor of S. 22. S. 22 The National Institute of Standards and believed that by the time the year 2000 would create a commission that would Technology shall evaluate the potential arrived any code they were working on be required to report to the President, risks to information stored on personal com- would be obsolete and out of service. by July 3, 1997, with proposals for new puters from to software and systems which Unfortunately, the conventional wis- procedures or regulations to address are unable to effectively toll the passage of dom was wrong and many computer the year 2000 computer problem for sys- time from December 31, 1999 to January 1, systems still use these programs. Com- tems of Federal, State, and local gov- 2000 and shall take necessary and appropriate actions within its jurisdiction to pro- puters and computer software pro- ernments and would make rec- pose solutions and inform the public. grammed in this fashion may misinter- ommendations for funding levels that SEC. 103. TRANSPORTATION NETWORKS. pret the year 2000 as 1900. This elec- might be needed to address this prob- The Secretary of Transportation shall ini- tronic confusion could lead to serious lem. tiate a comprehensive plan to assure that

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9897 computer hardware and software in transpor- S. 1100 ing elections for the legislature of the tation systems which are unable to effec- At the request of Mr. AKAKA, the Hong Kong Special Administrative Re- tively toll the passage of time from Decem- name of the Senator from Hawaii [Mr. gion. ber 31, 1999 to January 1, 2000 do not create INOUYE] was added as a cosponsor of S. SENATE RESOLUTION 96 a safety risk to transportation workers and the general public. Should a risk to safety be 1100, a bill to amend the Covenant to At the request of Mr. CRAIG, the identified, the Department shall take nec- Establish a Commonwealth of the names of the Senator from Utah [Mr. essary and appropriate measures to assure Northern Mariana Islands in Political BENNETT], the Senator from California safety and inform the public of such risks. Union with the United States of Amer- [Mrs. BOXER], the Senator from Geor- f ica, the legislation approving such cov- gia [Mr. CLELAND], the Senator from enant, and for other purposes. Indiana [Mr. COATS], the Senator from ADDITIONAL COSPONSORS S. 1105 California [Mrs. FEINSTEIN], the Sen- S. 22 At the request of Mr. COCHRAN, the ator from Arkansas [Mr. HUTCHINSON], At the request of Mr. MOYNIHAN, the name of the Senator from Texas [Mrs. and the Senator from Alabama [Mr. names of the Senator from Oregon [Mr. HUTCHISON] was added as a cosponsor of SHELBY] were added as cosponsors of WYDEN] and the Senator from South S. 1105, a bill to amend the Internal Senate Resolution 96, a resolution pro- Dakota [Mr. DASCHLE] were added as Revenue Code of 1986 to provide a claiming the week of March 15 through cosponsors of S. 22, a bill to establish a sound budgetary mechanism for financ- March 21, 1998, as ‘‘National Safe Place bipartisan national commission to ad- ing health and death benefits of retired Week.’’ dress the year 2000 computer problem. coal miners while ensuring the long- f S. 67 term fiscal health and solvency of such SENATE RESOLUTION 123—HON- At the request of Ms. SNOWE, the benefits, and for other purposes. ORING THE MEMORY OF FORMER name of the Senator from New York S. 1106 PEACE CORPS DIRECTOR LORET [Mr. D’AMATO] was added as a cospon- At the request of Mr. COATS, the MILLER RUPPE sor of S. 67, a bill to amend the Public name of the Senator from Iowa [Mr. Mr. HELMS, from the Committee on Health Service Act to extend the pro- HARKIN] was added as a cosponsor of S. Foreign Relations, reported the fol- gram of research on breast cancer. 1106, a bill to provide for the establish- lowing original resolution; which was S. 489 ment of demonstration projects de- placed on the calendar: At the request of Mr. KYL, the name signed to determine the social, civic, S. RES. 123 of the Senator from Missouri [Mr. psychological, and economic effects of Whereas the Members of the Senate were BOND] was added as a cosponsor of S. providing to individuals and families greatly saddened by the death of Loret Mil- 489, a bill to improve the criminal law with limited means an opportunity to ler Ruppe, the longest-serving Director of relating to fraud against consumers. accumulate assets, and to determine the Peace Corps; and S. 830 the extent to which an asset based pol- Whereas Loret Miller Ruppe’s inspirational vision, dedication, and leadership (1) revital- At the request of Mr. JEFFORDS, the icy may be used to enable individuals ized the Peace Corps as she began or revived name of the Senator from Michigan and families with limited means to programs in Sri Lanka, Haiti, Burundi, [Mr. ABRAHAM] was added as a cospon- achieve economic self-sufficiency. Guinea-Bissau, Chad, Equatorial Guinea, and sor of S. 830, a bill to amend the Fed- S. 1115 the Cape Verde Islands; (2) energized a new eral Food, Drug, and Cosmetic Act and At the request of Mr. LOTT, the generation of Americans to accept the chal- the Public Health Service Act to im- names of the Senator from Arkansas lenge of serving in the Corps; (3) refocused the Corps on its mission of development to prove the regulation of food, drugs, de- [Mr. HUTCHINSON], the Senator from vices, and biological products, and for achieve world peace; and (4) did a great serv- Louisiana [Mr. BREAUX], the Senator ice to America and to the millions of the other purposes. from Nevada [Mr. BRYAN], and the Sen- world’s citizens touched by her efforts: Now, S. 850 ator from North Dakota [Mr. DORGAN] therefore, be it At the request of Mr. AKAKA, the were added as cosponsors of S. 1115, a Resolved, That (a) the Senate recognizes name of the Senator from California bill to amend title 49, United States and acknowledges the achievements and contributions of the longest-serving Director of [Mrs. FEINSTEIN] was added as a co- Code, to improve one-call notification the Peace Corps, Loret Miller Ruppe, and the sponsor of S. 850, a bill to amend the process, and for other purposes. volunteers she inspired, not only for their Packers and Stockyards Act, 1921, to S. 1180 service in other countries but also in their make it unlawful for any stockyard At the request of Mr. KEMPTHORNE, own communities. owner, market agency, or dealer to the names of the Senator from Oregon (b) It is the sense of the Senate that the President should honor the memory of the transfer or market nonambulatory [Mr. SMITH], the Senator from Alaska livestock, and for other purposes. Peace Corps’ great leader Loret Miller Ruppe [Mr. STEVENS], and the Senator from and reaffirm the commitment of the United S. 852 Utah [Mr. BENNETT] were added as co- States to international peace and under- At the request of Mr. LOTT, the name sponsors of S. 1180, a bill to reauthorize standing. of the Senator from South Dakota [Mr. the Endangered Species Act. f DASCHLE] was added as a cosponsor of S. 1194 SENATE RESOLUTION 124—REL- S. 852, a bill to establish nationally At the request of Mr. KYL, the names ATIVE TO AN INTERNATIONAL uniform requirements regarding the ti- of the Senator from Montana [Mr. TRIBUNAL FOR CRIMES AGAINST tling and registration of salvage, non- BURNS], the Senator from Idaho [Mr. HUMANITY repairable, and rebuilt vehicles. KEMPTHORNE], and the Senator from S. 941 Iowa [Mr. GRASSLEY] were added as co- Mr. ROTH (for himself, Mr. THOMAS, At the request of Mr. INOUYE, the sponsors of S. 1194, a bill to amend title Mrs. FEINSTEIN and Mr. GRAMS) sub- name of the Senator from South Caro- XVIII of the Social Security Act to mitted the following resolution; which lina [Mr. HOLLINGS] was added as a co- clarify the right of Medicare bene- was referred to the Committee on the sponsor of S. 941, a bill to promote the ficiaries to enter into private contracts Judiciary: utilization of marine ferry and high- with physicians and other health care S. RES. 124 speed marine ferry services. professionals for the provision of Whereas, the Khmer Rouge recently staged a show trial of Pol Pot, the reputed leader of S. 1069 health services for which no payment the Khmer Rouge during the Cambodian At the request of Mr. MURKOWSKI, the is sought under the Medicare program. genocide; names of the Senator from Utah [Mr. SENATE CONCURRENT RESOLUTION 51 Whereas, the Khmer Rouge have been pro- HATCH], the Senator from Illinois [Ms. At the request of Mr. HELMS, the moting their National Solidarity Party and MOSELEY-BRAUN], the Senator from names of the Senator from Tennessee proclaiming their support for ‘‘liberal de- Virginia [Mr. ROBB], and the Senator [Mr. FRIST], and the Senator from Con- mocracy’’ as a means to legitimate their role in Cambodian politics; from Rhode Island [Mr. REED] were necticut [Mr. DODD] were added as co- Whereas, while the Khmer Rouge have added as cosponsors of S. 1069, a bill en- sponsors of Senate Concurrent Resolu- been weakened since the Paris Peace Ac- titled the ‘‘National Discovery Trails tion 51, a concurrent resolution ex- cords of 1991, they remain a key source of vi- Act of 1997’’. pressing the sense of Congress regard- olence in Cambodia;

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9898 CONGRESSIONAL RECORD — SENATE September 24, 1997 Whereas, Cambodian People’s Party leader Mr. ROTH. Mr. President, I rise Khmer Rouge a legitimate voice in and Second Prime Minister Hun Sen staged a today on behalf of myself, Mr. THOMAS, Cambodian politics. bloody and illegal coup against the First Mrs. FEINSTEIN, and Mr. GRAMS to a According to the Yale Cambodian Prime Minister and leader of the FUNCINPEC Party, Norodom Ranaridhh; sense-of-the-Senate resolution that the Genocide project, the principal organi- Whereas, Hun Sen maintains that the coup Khmer Rouge and other participants in zation documenting atrocities com- was necessary because elements of the Cambodian genocide should be mitted by the Khmer Rouge, such a tri- FUNCINPEC were on the verge of consum- brought to justice before an inter- bunal ‘‘would soon return indictments mating a deal to bring the Khmer Rouge national tribunal. against all or most of the current military and political organization into the Just a couple of months ago, we wit- Khmer Rouge leadership. legitimate political arena; nessed the grotesque spectacle of a Whereas, Norodom Ranariddh, by contrast, Mr. President, the Cambodian trag- has argued that FUNCINPEC had no plan to Khmer Rouge show trial of Pol Pot, the edy will never end until the Khmer form an alliance with the Khmer Rouge and Leader of the Khmer Rouge during its Rouge are brought to justice. I offer that this allegation was used as a pretext by genocidal reign in the 1970’s. In July, this resolution to move us closer to Hun Sen for the coup; Cambodian People’s Party leader and that goal and to demonstrate this Whereas, Norodom Ranaridhh asserts in- Second Prime Minister Hun Sen staged body’s continued interest in the devel- stead that he was on the verge of finally de- a bloody coup against the First Prime opment of a free, democratic, and stroying the Khmer Rouge and bringing them to justice; Minister and leader of the FUNCINPEC peaceful Cambodia. Whereas, Norodom Ranaridhh further as- Party, Norodom Ranariddh. f serts that the real reason for the coup was Hun Sen has claimed the coup was that Hun Sen fears that convening an inter- necessary because Norodom Ranaridhh SENATE RESOLUTION 125—COM- national tribunal to bring the Khmer Rouge was attempting to gain Khmer Rouge MENDING THE REPRESENTATIVE to justice would implicate Hun Sen in geno- support for his party. OF THE TAIPEI ECONOMIC AND cidal atrocities; Norodom Ranaridhh, on the other CULTURAL REPRESENTATIVES Whereas, Hun Sen has consistently argued OFFICE IN THE UNITED STATES that the top Khmer Rouge leadership—in- hand, has labeled Hun Sen’s allegations cluding, but not limited to Pol Pot—must be a false pretext for the coup. Norodom Mr. MURKOWSKI (for himself and brought to justice before an international Ranaridhh has also asserted that Hun Mr. LOTT) submitted the following res- criminal tribunal; Sen fears an international tribunal on olution; which was considered and Whereas, earlier this year, Norodom the Cambodian genocide would impli- agreed to: Ranariddh and Hun Sen wrote to United Na- cate Hun Sen for atrocities he com- S. RES. 125 tions Secretary-General Kofi Annan asking mitted during his tenure as a senior for ‘‘the assistance of the United Nations and Whereas Dr. Jason C. Hu has served with the international community in bringing to Khmer Rouge official. distinction as Representative of the Taipei justice those persons responsible for geno- Finally, troops loyal to Norodom Economic and Cultural Representative Office cide and crimes against humanity during the Ranariddh now appear to have formed (TECRO) since June 1996, and has ably rep- rule of the Khmer Rouge from 1975 to 1979’’; a military alliance with troops loyal to resented the interests of the Republic of Whereas, after the coup, troops loyal to the Rhmer Rouge leadership, thus rein- China on Taiwan; Norodom Ranariddh appear to have formed a forcing the fears of the Cambodia peo- Whereas Dr. Hu has been a firm and con- military alliance with troops loyal to the ple that the Khmer Rouge will use any sistent advocate to democratic principles Khmer Rouge leadership, thus reinforcing means necessary to regain power. throughout his distinguished career; the fears of the Cambodia people that the Whereas Dr. Hu has established many deep Khmer Rouge will use any means necessary These events and the assertions of friendships with Members of Congress and to regain power; the two Prime Ministers demonstrate other Americans during his tenure in Wash- Whereas, peace, democracy, stability, the that while the Khmer Rouge have been ington: and rule of law and national reconciliation in weakened since the Paris Peace Ac- Whereas Dr. Hu has been asked to return Cambodia are unlikely to be achieved until cords of 1991, they remain central to to Taiwan to serve as the Minister of For- the Khmer Rouge are brought to justice; the continuing conflict in Cambodia. eign Affairs of the Republic of China: Now, Whereas, the Cambodian Genocide Justice Recent events also demonstrate that therefore, be it Act states that it is the policy of the United the objectives of bringing peace, de- Resolved by the Senate, That the Senate here- States to support efforts to bring to justice by— members of the Khmer Rouge for their mocracy, national reconciliation, and (1) commends Dr. Jason C. Hu for his serv- crimes against humanity, and in cir- the rule of law to Cambodia are likely ice as Representatives of the TECRO office; cumstances which the President deems ap- to remain out of reach until the Khmer and propriate, to encourage the establishment of Rouge are brought to justice. (2) expresses to Dr. Hu and his family its an international criminal tribunal for the What this resolution does, Mr. Presi- best wishes for his continued success in the prosecution of those accused of genocide in dent, is make it clear that an inter- future. Cambodia and provide such tribunal with rel- national tribunal is essential if we are evant information; f to achieve these objectives. It also Resolved, That it is the sense of the Senate AMENDMENTS SUBMITTED that: points out that before the coup and be- (1) a primary objective of U.S. policy to- fore their allegations against one an- ward Cambodia should be the establishment other about their respective involve- THE DISTRICT OF COLUMBIA of an international tribunal for the prosecu- ment with the Khmer Rouge, Norodom APPROPRIATIONS ACT, 1998 tion those responsible for the Cambodian Ranariddh and Run Sen wrote a joint genocide; (2) in compliance with the Cambodian letter to U.N. Secretary-General Kofi Genocide Justice Act and the objectives stat- Annan asking for U.N. assistance in FAIRCLOTH (AND BOXER) ed above, the President should immediately convening such a tribunal. AMENDMENT NO. 1248 deem it appropriate to encourage the estab- We should take them up on their re- Mr. FAIRCLOTH (for himself and lishment of an international criminal tri- quest because removing the Khmer bunal for the prosecution of such members of Rouge as a military and political force Mrs. BOXER) proposed an amendment to the Khmer Rouge; in Cambodia is essential if we are to the bill (S. 1156) making appropriations (3) in further compliance with the Cam- avoid another slide toward for the Government of the District of bodian Genocide Justice Act, the United authoritarianism and war. I believe an Columbia and other activities charge- States should support efforts to bring mem- able in whole or in part against the bers of the Khmer Rouge—including Pol international tribunal will also prevent the Khmer Rouge from succeeding in revenues of said District for the fiscal Pot—to justice for their crimes against hu- year ending September 30, 1998, and for manity before an international tribunal, in- their transparent attempt to emerge as cluding providing that tribunal with any in- a legitimate political force in Cam- other purposes; as follows: formation available on such members’ in- bodia. Indeed, at the show trial of Pol On page 2, strike all after the word ‘‘Au- volvement in the Cambodian genocide; Pol they staged, the Khmer Rouge thority’’ on line 11, to the end of line 12. (4) the Secretary of State should encourage On page 2, line 22, before the colon, insert: all Member countries of the Association of loudly proclaimed their support for lib- ‘‘, which shall be deposited into an escrow Southeast Asian Nations, the People’s Re- eral democracy. Other members of the account held by the District of Columbia Fi- public of China, Japan and other interested Khmer Rouge have been promoting the nancial Responsibility and Management As- countries to support such a tribunal. National Solidarity Party to give sistance Authority, which shall allocate the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9899 funds to the Mayor at such intervals and in (A) increasing educational opportunities (1) the term ‘‘Board’’ means the Board of accordance with such terms and conditions for the children by expanding the range of Directors of the Corporation established as it considers appropriate to implement the educational choices that best meet the needs under section ll03(b)(1); financial plan for the year’’. of the children; (2) the term ‘‘Corporation’’ means the Dis- On page 4, line 4, strike ‘‘$116,000,000’’ and (B) fostering diversity and competition trict of Columbia Scholarship Corporation insert in lieu thereof ‘‘$103,000,000’’. among school programs for the children; established under section ll03(a); On page 4, line 15, strike ‘‘$30,000,000’’ and (C) providing the families of the children (3) the term ‘‘eligible institution’’— insert in lieu thereof ‘‘$43,000,000’’. more of the educational choices already (A) in the case of an eligible institution On page 29, strike all after ‘‘the’’ on line 16, available to affluent families; and serving a student who receives a tuition to the end of line 25, and insert: ‘‘District of (D) enhancing the overall quality of edu- scholarship under section ll04(c)(1), means Columbia Financial Responsibility and Man- cation in the District of Columbia by in- a public, private, or independent elementary agement Assistance Authority (Authority). creasing parental involvement in the direc- or secondary school; and Appropriations made by this Act for such tion of the education of the children. (B) in the case of an eligible institution programs or functions are conditioned only (3) The 350 private schools in the District serving a student who receives an enhanced on the approval by the Authority of the re- of Columbia and the surrounding area offer a achievement scholarship under section quired reorganization plans.’’ more safe and stable learning environment ll04(c)(2), means an elementary or sec- On page 33, strike all after ‘‘Financial’’ on than many of the public schools. ondary school, or an entity that provides line 19, and insert: ‘‘Responsibility and Man- (4) Costs are often much lower in private services to a student enrolled in an elemen- agement’’. schools than corresponding costs in public tary or secondary school to enhance such On page 41, strike all after ‘‘(B)’’ on line 24, schools. student’s achievement through instruction through ‘‘$129,946,000’’ on line 25, and insert: (5) Not all children are alike and therefore described in section ll04(c)(2); ‘‘$4,811,906,000 (of which $118,269,000’’. there is no one school or program that fits (4) the term ‘‘parent’’ includes a legal On page 42, line 16, after ‘‘Assistance,’’ in- the needs of all children. guardian or other person standing in loco sert: ‘‘Authority’’. (6) The formation of sound values and parentis; and On page 17, after the period on line 25, in- moral character is crucial to helping young (5) the term ‘‘poverty line’’ means the insert: people escape from lives of poverty, family come official poverty line (as defined by the CORRECTIONAL INDUSTRIES FUND break-up, drug abuse, crime, and school fail- Office of Management and Budget, and revised annually in accordance with section For the Correctional Industries Fund, es- ure. 673(2) of the Community Services Block tablished by the District of Columbia Correc- (7) In addition to offering knowledge and skills, education should contribute posi- Grant Act (42 U.S.C. 9902(2)) applicable to a tional Industries Establishment Act, ap- family of the size involved. proved October 3, 1964 (78 Stat. 1000; Public tively to the formation of the internal norms SEC. ll03. DISTRICT OF COLUMBIA SCHOLAR- Law 88–622), $3,332,000 from other funds. and values which are vital to a child’s success in life and to the well-being of society. SHIP CORPORATION. (a) GENERAL REQUIREMENTS.— (8) Schools should help to provide young COATS (AND OTHERS) (1) IN GENERAL.—There is authorized to be people with a sound moral foundation which established a private, nonprofit corporation, AMENDMENT NO. 1249 is consistent with the values of their par- to be known as the ‘‘District of Columbia ents. To find such a school, parents need a Mr. COATS for himself, Mr. LIEBER- Scholarship Corporation’’, which is neither full range of choice to determine where their MAN, Mr. BROWNBACK, Mr. ASHCROFT, an agency nor establishment of the United children can best be educated. Mr. COVERDELL, and Mr. GREGG) pro- States Government or the District of Colum- (c) PRECEDENTS.—The United States Su- posed an amendment to the bill, S. bia Government. preme Court has determined that programs (2) DUTIES.—The Corporation shall have 1156, supra; as follows: giving parents choice and increased input in At the end, insert the following: the responsibility and authority to admin- their children’s education, including the ister, publicize, and evaluate the scholarship TITLE ll—STUDENT OPPORTUNITY choice of a religious education, do not vio- program in accordance with this title, and to SCHOLARSHIPS late the Constitution. The Supreme Court determine student and school eligibility for SEC. ll01. SHORT TITLE; FINDINGS; PRECE- has held that as long as the beneficiary de- participation in such program. DENTS. cides where education funds will be spent on (3) CONSULTATION.—The Corporation shall (a) SHORT TITLE.—This title may be cited such individual’s behalf, public funds can be exercise its authority— as the ‘‘District of Columbia Student Oppor- used for education in a religious institution (A) in a manner consistent with maxi- tunity Scholarship Act of 1997’’. because the public entity has neither ad- mizing educational opportunities for the (b) FINDINGS.—Congress makes the fol- vanced nor hindered a particular religion and maximum number of interested families; and lowing findings: therefore has not violated the establishment (B) in consultation with the District of Co- (1) Public education in the District of Co- clause of the first amendment to the Con- lumbia Board of Education or entity exer- lumbia is in a crisis, as evidenced by the fol- stitution. Supreme Court precedents in- cising administrative jurisdiction over the lowing: clude— District of Columbia Public Schools, the Su- (A) The District of Columbia schools have (1) Wisconsin v. Yoder, 406 U.S. 205 (1972); perintendent of the District of Columbia the lowest average of any school system in Pierce v. Society of Sisters, 268 U.S. 510 Public Schools, and other school scholarship the Nation on the National Assessment of (1925); and Meyer v. Nebraska, 262 U.S. 390 programs in the District of Columbia. Education Progress. (1923) which held that parents have the pri- (4) APPLICATION OF PROVISIONS.—The Cor- (B) 72 percent of fourth graders in the Dis- mary role in and are the primary decision poration shall be subject to the provisions of trict of Columbia tested below basic pro- makers in all areas regarding the education this title, and, to the extent consistent with ficiency on the National Assessment of Edu- and upbringing of their children; this title, to the District of Columbia Non- cation Progress in 1994. (2) Mueller v. Allen, 463 U.S. 388 (1983) profit Corporation Act (D.C. Code, sec. 29–501 (C) Since 1991, there has been a net decline which declared a Minnesota tax deduction et seq.). in the reading skills of District of Columbia program that provided State income tax ben- (5) RESIDENCE.—The Corporation shall have students as measured in scores on the stand- efits for educational expenditures by par- its place of business in the District of Colum- ardized Comprehensive Test of Basic Skills. ents, including tuition in religiously affili- bia and shall be considered, for purposes of (D) At least 40 percent of District of Co- ated schools, does not violate the Constitu- venue in civil actions, to be a resident of the lumbia students drop out of or leave the tion; District of Columbia. school system before graduation. (3) Witters v. Department of Services for (6) FUND.—There is established in the (E) The National Education Goals Panel the Blind, 474 U.S. 481 (1986) in which the Su- Treasury a fund that shall be known as the reported in 1996 that both students and preme Court ruled unanimously that public District of Columbia Scholarship Fund, to be teachers in District of Columbia schools are funds for the vocational training of the blind administered by the Secretary of the Treas- subjected to levels of violence that are twice could be used at a Bible college for ministry ury. the national average. training; and (7) DISBURSEMENT.—The Secretary of the (F) Nearly two-thirds of District of Colum- (4) Zobrest v. Catalina Foothills School Treasury shall make available and disburse bia teachers reported that violent student District, 509 U.S. 1 (1993) which held that a to the Corporation, before October 15 of each behavior is a serious impediment to teach- deaf child could receive an interpreter, paid fiscal year or not later than 15 days after the ing. for by the public, in a private religiously af- date of enactment of an Act making appro- (G) Many of the District of Columbia’s 152 filiated school under the Individual with Dis- priations for the District of Columbia for schools are in a state of terrible disrepair, abilities Education Act (20 U.S.C. 1400 et such year, whichever occurs later, such funds including leaking roofs, bitterly cold class- seq.). The case held that providing an inter- as have been appropriated to the District of rooms, and numerous fire code violations. preter in a religiously affiliated school did Columbia Scholarship Fund for the fiscal (2) Significant improvements in the edu- not violate the establishment clause of the year in which such disbursement is made. cation of educationally deprived children in first amendment of the Constitution. (8) AVAILABILITY.—Funds authorized to be the District of Columbia can be accom- SEC. ll02. DEFINITIONS. appropriated under this title shall remain plished by— As used in this title— available until expended.

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(9) USES.—Funds authorized to be appro- establish the Corporation under the District (2) REPORT.—The report for each such audit priated under this title shall be used by the of Columbia Nonprofit Corporation Act (D.C. shall be included in the annual report to Corporation in a prudent and financially re- Code, sec. 29–501 et seq.). Congress required by section ll11(c). sponsible manner, solely for scholarships, (7) GENERAL TERM.—The term of office of (f) ADMINISTRATIVE RESPONSIBILITIES.— contracts, and administrative costs. each member of the Board shall be 5 years, (1) SCHOLARSHIP APPLICATION SCHEDULE AND (10) AUTHORIZATION.— except that any member appointed to fill a PROCEDURES.—Not later than 30 days after (A) IN GENERAL.—There are authorized to vacancy occurring prior to the expiration of the initial Board is appointed and the first be appropriated to the District of Columbia the term for which the predecessor was ap- Executive Director of the Corporation is Scholarship Fund— pointed shall be appointed for the remainder hired under this title, the Corporation shall (i) $7,000,000 for fiscal year 1998; of such term. implement a schedule and procedures for (ii) $8,000,000 for fiscal year 1999; and (8) CONSECUTIVE TERM.—No member of the processing applications for, and awarding, (iii) $10,000,000 for each of fiscal years 2000 Board shall be eligible to serve in excess of 2 student scholarships under this title. The through 2002. consecutive terms of 5 years each. A partial schedule and procedures shall include estab- (B) LIMITATION.—Not more than 7.5 percent term shall be considered as 1 full term. Any lishing a list of certified eligible institu- of the amount appropriated to carry out this vacancy on the Board shall not affect the tions, distributing scholarship information title for any fiscal year may be used by the Board’s power, but shall be filled in a man- to parents and the general public (including Corporation for salaries and administrative ner consistent with this title. through a newspaper of general circulation), costs. (9) NO BENEFIT.—No part of the income or and establishing deadlines for steps in the (b) ORGANIZATION AND MANAGEMENT; BOARD assets of the Corporation shall inure to the OF DIRECTORS.— benefit of any Director, officer, or employee scholarship application and award process. (1) BOARD OF DIRECTORS; MEMBERSHIP.— of the Corporation, except as salary or rea- (2) INSTITUTIONAL APPLICATIONS AND ELIGI- (A) IN GENERAL.—The Corporation shall sonable compensation for services. BILITY.— have a Board of Directors (referred to in this (A) IN GENERAL.—An eligible institution (10) POLITICAL ACTIVITY.—The Corporation title as the ‘‘Board’’), comprised of 7 mem- may not contribute to or otherwise support that desires to participate in the scholarship bers with 6 members of the Board appointed any political party or candidate for elective program under this title shall file an appli- by the President not later than 30 days after public office. cation with the Corporation for certification receipt of nominations from the Speaker of (11) NO OFFICERS OR EMPLOYEES.—The mem- for participation in the scholarship program the House of Representatives and the Major- bers of the Board shall not, by reason of such under this title that shall— ity Leader of the Senate. membership, be considered to be officers or (i) demonstrate that the eligible institu- (B) HOUSE NOMINATIONS.—The President employees of the United States Government tion has operated with not less than 25 stu- shall appoint 3 of the members from a list of or of the District of Columbia Government. dents during the 3 years preceding the year 9 individuals nominated by the Speaker of (12) STIPENDS.—The members of the Board, for which the determination is made unless the House of Representatives in consultation while attending meetings of the Board or the eligible institution is applying for cer- with the Minority Leader of the House of tification as a new eligible institution under Representatives. while engaged in duties related to such meetings or other activities of the Board pursu- subparagraph (C); (C) SENATE NOMINATIONS.—The President ant to this title, shall be provided a stipend. (ii) contain an assurance that the eligible shall appoint 3 members from a list of 9 indi- institution will comply with all applicable viduals nominated by the Majority Leader of Such stipend shall be at the rate of $150 per day for which the member of the Board is of- requirements of this title; the Senate in consultation with the Minority (iii) contain an annual statement of the el- Leader of the Senate. ficially recorded as having worked, except igible institution’s budget; and (D) DEADLINE.—The Speaker of the House that no member may be paid a total stipend (iv) describe the eligible institution’s proof Representatives and Majority Leader of amount in any calendar year in excess of posed program, including personnel quali- the Senate shall submit their nominations to $5,000. fications and fees. the President not later than 30 days after the (c) OFFICERS AND STAFF.— (B) CERTIFICATION.— date of the enactment of this Act. (1) EXECUTIVE DIRECTOR.—The Corporation (i) IN GENERAL.—Except as provided in sub- (E) APPOINTEE OF MAYOR.—The Mayor shall shall have an Executive Director, and such paragraph (C), not later than 60 days after appoint 1 member of the Board not later other staff, as may be appointed by the receipt of an application in accordance with than 60 days after the date of the enactment Board for terms and at rates of compensa- subparagraph (A), the Corporation shall cer- of this Act. tion, not to exceed level EG–16 of the Edu- tify an eligible institution to participate in (F) POSSIBLE INTERIM MEMBERS.—If the cational Service of the District of Columbia, the scholarship program under this title. President does not appoint the 6 members of to be fixed by the Board. (ii) CONTINUATION.—An eligible institu- the Board in the 30-day period described in (2) STAFF.—With the approval of the Board, tion’s certification to participate in the subparagraph (A), then the Speaker of the the Executive Director may appoint and fix House of Representatives and the Majority the salary of such additional personnel as scholarship program shall continue unless Leader of the Senate shall each appoint 2 the Executive Director considers appro- such eligible institution’s certification is re- members of the Board, and the Minority priate. voked in accordance with subparagraph (D). (C) NEW ELIGIBLE INSTITUTION.— Leader of the House of Representatives and (3) ANNUAL RATE.—No staff of the Corpora- the Minority Leader of the Senate shall each tion may be compensated by the Corporation (i) IN GENERAL.—An eligible institution appoint 1 member of the Board, from among at an annual rate of pay greater than the an- that did not operate with at least 25 students the individuals nominated pursuant to sub- nual rate of pay of the Executive Director. in the 3 years preceding the year for which paragraphs (A) and (B), as the case may be. (4) SERVICE.—All officers and employees of the determination is made may apply for a 1- The appointees under the preceding sentence the Corporation shall serve at the pleasure of year provisional certification to participate together with the appointee of the Mayor, the Board. in the scholarship program under this title shall serve as an interim Board with all the (5) QUALIFICATION.—No political test or for a single year by providing to the Corpora- powers and other duties of the Board de- qualification may be used in selecting, ap- tion not later than July 1 of the year prescribed in this title, until the President pointing, promoting, or taking other per- ceding the year for which the determination makes the appointments as described in this sonnel actions with respect to officers, is made— subsection. agents, or employees of the Corporation. (I) a list of the eligible institution’s board (2) POWERS.—All powers of the Corporation of directors; shall vest in and be exercised under the au- (d) POWERS OF THE CORPORATION.— (II) letters of support from not less than 10 thority of the Board. (1) GENERALLY.—The Corporation is au- members of the community served by such thorized to obtain grants from, and make (3) ELECTIONS.—Members of the Board an- eligible institution; nually shall elect 1 of the members of the contracts with, individuals and with private, (III) a business plan; Board to be the Chairperson of the Board. State, and Federal agencies, organizations, (IV) an intended course of study; and institutions. (4) RESIDENCY.—All members appointed to (V) assurances that the eligible institution the Board shall be residents of the District of (2) HIRING AUTHORITY.—The Corporation will begin operations with not less than 25 Columbia at the time of appointment and may hire, or accept the voluntary services students; while serving on the Board. of, consultants, experts, advisory boards, and (VI) assurances that the eligible institu- panels to aid the Corporation in carrying out (5) NONEMPLOYEE.—No member of the tion will comply with all applicable require- Board may be an employee of the United this title. ments of this title; and States Government or the District of Colum- (e) FINANCIAL MANAGEMENT AND RECORDS.— (VII) a statement that satisfies the re- bia Government when appointed to or during (1) AUDITS.—The financial statements of quirements of clauses (ii) and (iv) of subpara- tenure on the Board, unless the individual is the Corporation shall be— graph (A). on a leave of absence from such a position (A) maintained in accordance with gen- (ii) CERTIFICATION.—Not later than 60 days while serving on the Board. erally accepted accounting principles for after the date of receipt of an application de- (6) INCORPORATION.—The members of the nonprofit corporations; and scribed in clause (i), the Corporation shall initial Board shall serve as incorporators and (B) audited annually by independent cer- certify in writing the eligible institution’s shall take whatever steps are necessary to tified public accountants. provisional certification to participate in

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the scholarship program under this title un- (1) FIRST.—The Corporation first shall sumers published by the Department of less the Corporation determines that good award scholarships to students described in Labor for each of fiscal years 1999 through cause exists to deny certification. subsection (a) who— 2002. (iii) RENEWAL OF PROVISIONAL CERTIFI- (A) are enrolled in a District of Columbia (2) ABOVE POVERTY LINE.—For a student CATION.—After receipt of an application public school or preparing to enter a District whose family income is greater than the pov- under clause (i) from an eligible institution of Columbia public kindergarten, except that erty line, but not more than 185 percent of that includes a statement of the eligible in- this subparagraph shall apply only for aca- the poverty line, a tuition scholarship may stitution’s budget completed not earlier than demic years 1997–1998, 1998–1999, and 1999– not exceed the lesser of— 12 months before the date such application is 2000; or (A) 75 percent of the cost of tuition and filed, the Corporation shall renew an eligible (B) have received a scholarship from the mandatory fees for, and transportation to at- institution’s provisional certification for the Corporation for the academic year preceding tend, an eligible institution; or second and third years of the school’s par- the academic year for which the scholarship (B) $2,400 for fiscal year 1998, with such ticipation in the scholarship program under is awarded. amount adjusted in proportion to changes in this title unless the Corporation finds— (2) SECOND.—If funds remain for a fiscal the Consumer Price Index for all urban con- (I) good cause to deny the renewal, includ- year for awarding scholarships after award- sumers published by the Department of ing a finding of a pattern of violation of re- ing scholarships under paragraph (1), the Labor for each of fiscal years 1999 through quirements described in paragraph (3)(A); or Corporation shall award scholarships to stu- 2002. (II) consistent failure of 25 percent or more dents who are described in subsection (a), (d) ENHANCED ACHIEVEMENT SCHOLARSHIP.— of the students receiving scholarships under not described in paragraph (1), and otherwise An enhanced achievement scholarship may this title and attending such school to make eligible for a scholarship under this title. not exceed the lesser of— appropriate progress (as determined by the (3) LOTTERY SELECTION.—The Corporation (1) the costs of tuition and mandatory fees Corporation) in academic achievement. shall award scholarships to students under for, and transportation to attend, a program (iv) DENIAL OF CERTIFICATION.—If provi- this subsection using a lottery selection of instruction at an eligible institution; or sional certification or renewal of provisional process whenever the amount made available (2) $500 for 1998, with such amount adjusted certification under this subsection is denied, to carry out this title for a fiscal year is in- in proportion to changes in the Consumer then the Corporation shall provide a written sufficient to award a scholarship to each stu- Price Index for all urban consumers pub- explanation to the eligible institution of the dent who is eligible to receive a scholarship lished by the Department of Labor for each reasons for such denial. under this title for the fiscal year. of fiscal years 1999 through 2002. (D) REVOCATION OF ELIGIBILITY.— (c) USE OF SCHOLARSHIP.— SEC. ll06. SCHOLARSHIP PAYMENTS. (i) IN GENERAL.—The Corporation, after no- (1) TUITION SCHOLARSHIPS.—A tuition schol- (a) PAYMENTS.—The Corporation shall tice and hearing, may revoke an eligible in- arship may be used for the payment of the make scholarship payments to the parent of stitution’s certification to participate in the cost of the tuition and mandatory fees for, a student awarded a scholarship under this scholarship program under this title for a and transportation to attend, an eligible in- title. year succeeding the year for which the deter- stitution located within the geographic (b) DISTRIBUTION OF SCHOLARSHIP FUNDS.— mination is made for— boundaries of the District of Columbia; Scholarship funds may be distributed by (I) good cause, including a finding of a pat- Montgomery County, Maryland; Prince check, or another form of disbursement, tern of violation of program requirements Georges County, Maryland; Arlington Coun- issued by the Corporation and made payable described in paragraph (3)(A); or ty, Virginia; Alexandria City, Virginia; Falls directly to a parent of a student awarded a (II) consistent failure of 25 percent or more Church City, Virginia; Fairfax City, Vir- scholarship under this title. The parent may of the students receiving scholarships under ginia; or Fairfax County, Virginia. use the scholarship funds only for payment this title and attending such school to make (2) ENHANCED ACHIEVEMENT SCHOLARSHIP.— of tuition, mandatory fees, and transpor- appropriate progress (as determined by the An enhanced achievement scholarship may tation costs as described in this title. Corporation) in academic achievement. be used only for the payment of the costs of (c) PRO RATA AMOUNTS FOR STUDENT WITH- (ii) EXPLANATION.—If the certification of tuition and mandatory fees for, and trans- DRAWAL.—If a student receiving a scholar- an eligible institution is revoked, the Cor- portation to attend, a program of instruction ship under this title withdraws or is expelled poration shall provide a written explanation provided by an eligible institution which en- from an eligible institution after the proof the Corporation’s decision to such eligible hances student achievement of the core cur- ceeds of a scholarship is paid to the eligible institution and require a pro rata refund of riculum and is operated outside of regular institution, then the eligible institution the proceeds of the scholarship funds re- school hours to supplement the regular shall refund to the Corporation on a pro rata ceived under this title. school program. basis the proportion of any such proceeds re- (3) PARTICIPATION REQUIREMENTS FOR ELIGI- (e) NOT SCHOOL AID.—A scholarship under ceived for the remaining days of the school BLE INSTITUTIONS.— this title shall be considered assistance to year. Such refund shall occur not later than (A) REQUIREMENTS.—Each eligible institu- the student and shall not be considered as- 30 days after the date of the withdrawal or tion participating in the scholarship pro- sistance to an eligible institution. expulsion of the student. gram under this title shall— SEC. ll05. SCHOLARSHIP AWARDS. SEC. ll07. CIVIL RIGHTS. (i) provide to the Corporation not later (a) AWARDS.—From the funds made avail- (a) IN GENERAL.—An eligible institution than June 30 of each year the most recent able under this title, the Corporation shall participating in the scholarship program annual statement of the eligible institution’s award a scholarship to a student and make under this title shall not discriminate on the budget; and scholarship payments in accordance with basis of race, color, national origin, or sex in (ii) charge a student that receives a schol- section ll06. carrying out the provisions of this title. arship under this title not more than the (b) NOTIFICATION.—Each eligible institu- (b) APPLICABILITY AND CONSTRUCTION WITH cost of tuition and mandatory fees for, and tion that receives the proceeds of a scholar- RESPECT TO DISCRIMINATION ON THE BASIS OF transportation to attend, such eligible insti- ship payment under subsection (a) shall no- SEX.— tution as other students who are residents of tify the Corporation not later than 10 days (1) APPLICABILITY.—With respect to dis- the District of Columbia and enrolled in such after— crimination on the basis of sex, subsection eligible institution. (1) the date that a student receiving a (a) shall not apply to an eligible institution (B) COMPLIANCE.—The Corporation may re- scholarship under this title is enrolled, of that is controlled by a religious organization quire documentation of compliance with the the name, address, and grade level of such if the application of subsection (a) is incon- requirements of subparagraph (A), but nei- student; sistent with the religious tenets of the eligi- ther the Corporation nor any governmental (2) the date of the withdrawal or expulsion ble institution. entity may impose requirements upon an eli- of any student receiving a scholarship under (2) CONSTRUCTION.—With respect to dis- gible institution as a condition for participa- this title, of the withdrawal or expulsion; crimination on the basis of sex, nothing in tion in the scholarship program under this and subsection (a) shall be construed to require title, other than requirements established (3) the date that a student receiving a any person, or public or private entity to under this title. scholarship under this title is refused admis- provide or pay, or to prohibit any such per- SEC. ll04. SCHOLARSHIPS AUTHORIZED. sion, of the reasons for such a refusal. son or entity from providing or paying, for (a) ELIGIBLE STUDENTS.—The Corporation (c) TUITION SCHOLARSHIP.— any benefit or service, including the use of is authorized to award tuition scholarships (1) EQUAL TO OR BELOW POVERTY LINE.—For facilities, related to an abortion. Nothing in under subsection (c)(1) and enhanced a student whose family income is equal to or the preceding sentence shall be construed to achievement scholarships under subsection below the poverty line, a tuition scholarship permit a penalty to be imposed on any per- (c)(2) to students in kindergarten through may not exceed the lesser of— son or individual because such person or in- grade 12— (A) the cost of tuition and mandatory fees dividual is seeking or has received any ben- (1) who are residents of the District of Co- for, and transportation to attend, an eligible efit or service related to a legal abortion. lumbia; and institution; or (3) SINGLE-SEX SCHOOLS, CLASSES, OR AC- (2) whose family income does not exceed (B) $3,200 for fiscal year 1998, with such TIVITIES.—With respect to discrimination on 185 percent of the poverty line. amount adjusted in proportion to changes in the basis of sex, nothing in subsection (a) (b) SCHOLARSHIP PRIORITY.— the Consumer Price Index for all urban con- shall be construed to prevent a parent from

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9902 CONGRESSIONAL RECORD — SENATE September 24, 1997 choosing, or an eligible institution from of- (3) the satisfaction of parents of scholar- The hearing will take place on fering, a single-sex school, class, or activity. ship students with the scholarship program; Wednesday, October 1, 1997, a 2 p.m., in (c) REVOCATION.—Notwithstanding section and room SD–366 of the Dirksen Senate Of- ll03(f)(2)(D), if the Corporation determines (4) the impact of the scholarship program that an eligible institution participating in on the District of Columbia public schools, fice Building in Washington, DC. the scholarship program under this title is in including changes in the public school en- The purpose of this hearing is to re- violation of subsection (a), then the Corpora- rollment, and any improvement in the aca- ceive testimony on S. 940 to provide for tion shall revoke such eligible institution’s demic performance of the public schools. certification to participate in the program. a study of the establishment of Midway (b) PUBLIC REVIEW OF DATA.—All data Atoll as a national memorial to the SEC. ll08. CHILDREN WITH DISABILITIES. gathered in the course of the study described Nothing in this title shall affect the rights in subsection (a) shall be made available to Battle of Midway; and H.R. 765 to en- of students, or the obligations of the District the public upon request except that no per- sure the maintenance of a herd of wild of Columbia public schools, under the Indi- sonal identifiers shall be made public. horses in Cape Lookout National Sea- viduals with Disabilities Education Act (20 (c) REPORT TO CONGRESS.—Not later than shore. U.S.C. 1400 et seq.). September 1 of each year, the Corporation SEC. ll09. RULE OF CONSTRUCTION. shall submit a progress report on the schol- Because of the limited time available (a) IN GENERAL.—Nothing in this title shall arship program to the appropriate commit- for the hearing, witnesses may testify be construed to prevent any eligible institu- tees of Congress. Such report shall include a by invitation only. However, those tion which is operated by, supervised by, review of how scholarship funds were ex- wishing to submit written testimony controlled by, or connected to, a religious or- pended, including the initial academic for the hearing record should send two ganization from employing, admitting, or achievement levels of students who have par- giving preference to, persons of the same re- copies of their testimony to the Sub- ticipated in the scholarship program. committee on National Parks, Historic ligion to the extent determined by such in- (d) AUTHORIZATION.—There are authorized stitution to promote the religious purpose to be appropriated for the study described in Preservation and Recreation, Com- for which the eligible institution is estab- subsection (a), $250,000, which shall remain mittee on Energy and Natural Re- lished or maintained. available until expended. sources, U.S. Senate, 364 Dirksen Sen- (b) SECTARIAN PURPOSES.—Nothing in this title shall be construed to prohibit the use of SEC. ll12. JUDICIAL REVIEW. ate Office Building, Washington, DC funds made available under this title for sec- (a) JURISDICTION.— 20510–6150. tarian educational purposes, or to require an (1) IN GENERAL.—The United States Dis- For further information, please con- eligible institution to remove religious art, trict Court for the District of Columbia shall have jurisdiction in any action challenging tact Jim O’Toole of the subcommittee icons, scripture, or other symbols. staff at (202) 224–5161. SEC. ll10. REPORTING REQUIREMENTS. the constitutionality of the scholarship pro- (a) IN GENERAL.—An eligible institution gram under this title and shall provide expe- COMMITTEE ON ENERGY AND NATURAL participating in the scholarship program dited review. RESOURCES under this title shall report to the Corpora- (2) STANDING.—The parent of any student tion not later than July 30 of each year in a eligible to receive a scholarship under this Mr. MURKOWSKI. Mr. President, I manner prescribed by the Corporation, the title shall have standing in an action chal- would like to announce for the infor- following data: lenging the constitutionality of the scholar- mation of the Senate and the public (1) Student achievement in the eligible in- ship program under this title. that a full committee hearing has been stitution’s programs. (b) APPEAL TO SUPREME COURT.—Notwith- standing any other provision of law, any scheduled before the Committee on En- (2) Grade advancement for scholarship stu- ergy and Natural Resources. dents. order of the United States District Court for (3) Disciplinary actions taken with respect the District of Columbia which is issued pur- The hearing will take place on to scholarship students. suant to an action brought under subsection Wednesday, October 8, 1997, at 9:30 a.m., (4) Graduation, college admission test (a) shall be reviewable by appeal directly to in room SD–366 of the Dirksen Senate the Supreme Court of the United States. scores, and college admission rates, if appli- Office Building in Washington, DC. cable for scholarship students. SEC. ll13. EFFECTIVE DATE. (5) Types and amounts of parental involve- This title shall be effective for each of the The purpose of this hearing is to re- ment required for all families of scholarship fiscal years 1998 through 2002. ceive testimony on S. 1064 to amend students. On page 3, line 3, strike ‘‘$30,000,000’’ and the Alaska National Interest Lands (6) Student attendance for scholarship and insert ‘‘$23,000,000’’. Conservation Act to more effectively On page 3, line 4, before the period insert ‘‘: nonscholarship students. Provided further, That $7,000,000 of the funds manage visitor service and fishing ac- (7) General information on curriculum, made available under this heading shall be tivity in Glacier Bay National Park programs, facilities, credentials of personnel, used to carry out the District of Columbia and for other purposes. and disciplinary rules at the eligible institu- Student Opportunity Scholarship Act of tion. Because of the limited time available 1997’’. (8) Number of scholarship students en- for the hearing, witnesses may testify rolled. by invitation only. However, those (9) Such other information as may be re- WYDEN (AND GRASSLEY) AMENDMENT NO. 1250 wishing to submit written testimony quired by the Corporation for program ap- for the hearing record should send two praisal. Mr. WYDEN (for himself and Mr. (b) CONFIDENTIALITY.—No personal identi- copies of their testimony to the Com- GRASSLEY) proposed an amendment to fiers may be used in such report, except that mittee on Energy and Natural Re- the Corporation may request such personal the bill, S. 1156, supra; as follows: sources, U.S. Senate, 364 Dirksen Sen- identifiers solely for the purpose of At the appropriate place, insert: ate Office Building, Washington, DC verification. SEC. . ELIMINATING SECRET SENATE ‘‘HOLDS.’’ 20510–6150. SEC. ll11. PROGRAM APPRAISAL. (a) STANDING ORDER.—It is a standing order (a) STUDY.—Not later than 4 years after the of the Senate that a Senator who provides For further information, please con- date of enactment of this Act, the Comp- notice to leadership of his or her intention to tact Jim O’Toole of the committee troller General shall enter into a contract, object to proceeding to a motion or matter staff at (202) 224–5161. with an evaluating agency that has dem- shall disclose the objection (hold) in the Con- onstrated experience in conducting evalua- gressional Record not later than 2 session COMMITTEE ON ENERGY AND NATURAL RE- tions, for an independent evaluation of the days after the date of said notice. SOURCES, SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC PRESERVATION AND RECRE- scholarship program under this title, includ- f ing— ATION NOTICES OF HEARINGS (1) a comparison of test scores between Mr. THOMAS. Mr. President, I would scholarship students and District of Colum- COMMITTEE ON ENERGY AND NATURAL RE- like to announce for the information of bia public school students of similar back- SOURCES, SUBCOMMITTEE ON NATIONAL the Senate and the public that an over- grounds, taking into account the students’ PARKS, HISTORIC PRESERVATION AND RECRE- academic achievement at the time of the ATION sight hearing has been scheduled before award of their scholarships and the students’ Mr. THOMAS. Mr. President, I would the Subcommittee on National Parks, family income level; like to announce for the information of Historic Preservation and Recreation (2) a comparison of graduation rates be- the Senate and the public that a hear- of the Committee on Energy and Nat- tween scholarship students and District of ural Resources. Columbia public school students of similar ing has been scheduled before the Sub- backgrounds, taking into account the stu- committee on National Parks, Historic The hearing will take place on Thurs- dents’ academic achievement at the time of Preservation and Recreation of the day, October 9, 1997, at 2 p.m., in room the award of their scholarships and the stu- Committee on Energy and Natural Re- SD–366 of the Dirksen Senate Office dents’ family income level; sources. Building in Washington, DC.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9903 The purpose of this hearing is to reformation Distribution System Joint having spent the morning and afternoon at ceive testimony on the feasibility of Program Office; the computer systems the Statler Hotel in a seemingly endless suc- using bonding techniques to finance acquisition manager for the seismic cession of these consultations, I announced I large-scale capital projects in the Na- portion of the Atomic Energy Detec- was going out for a walk. An economist tional Park System. tion System; the software division would call it a random walk. I had no direc- Because of the limited time available chief at the Joint Surveillance Target tion in mind, save any that would get me away from that hotel room. for the hearing, witnesses may testify Attack Radar Systems [JSTARS] Joint by invitation only. However, those Program Office; and the chief of the And so I wandered westerly to Church wishing to submit written testimony Advanced Medium Range Air-to-Air Street and reached Pearl. Glancing south for the hearing record should send two Missile Systems Division at Eglin AFB. along Church Street, of a sudden I saw some- copies of their testimony to the Sub- Lieutenant Colonel Miller became thing that did not exist. Couldn’t exist. Cer- tainly something I for certain had not committee on National Parks, Historic the joint program office site director known to exist. A Sullivan skyscraper. The Preservation and Recreation, Com- at the Software Engineering Institute Guaranty Building. The beginning of an mittee on Energy and Natural Re- in 1992. During his tenure at SEI, Lieu- American architecture that would come to sources, U.S. Senate, 364 Dirksen Sen- tenant Colonel Miller earned the re- be known as the International Style. Sure ate Office Building, Washington, DC spect and admiration of his colleagues. enough, on the east side of the street there 20510–6150. A proven leader, Thomas will be sin- were three tall skyscrapers (an American For further information, please con- cerely missed. term, incidentally, the topmost sail of a tact Jim O’Toole of the subcommittee Mr. President, after many years of clippership, save when the moonraker is staff at (202) 224–5161. service to his country, Lieutenant rigged). One was by an old friend, Minoru f Colonel Miller is retiring to private Yamasaki. Each was an exact copy, if you would just look at the essentials, of Sulli- AUTHORITY FOR COMMITTEES TO life. In honor of his service, I ask my colleagues to join me in extending the van’s building across the street, built fifty or MEET sixty years earlier. (On closer examination, Senate’s best wishes to Lt. Col. Thom- COMMITTEE ON FINANCE there had been a fire of sorts, and the build- as Miller, his wife Colleen, and their ing was all but abandoned.) Mr. JEFFORDS. Mr. President, the three children.∑ Finance Committee requests unani- I then and there resolved to win the Demo- f mous consent to conduct a hearing on cratic primary, become a United States Sen- Wednesday, September 24, 1997, begin- FRANK LLOYD WRIGHT BUILDING ator and save the Sullivan building. ning at 9 a.m., in room 106 Dirksen. CONSERVANCY ANNUAL CON- My first task was to get the City of Buffalo The PRESIDING OFFICER. Without FERENCE interested. One day the Mayor agreed to objection, it is so ordered. ∑ Mr. MOYNIHAN. Mr. President, this walk over with me from City Hall. He was a COMMITTEE ON FOREIGN RELATIONS past weekend I was invited to speak at fine new Mayor; if he had any weakness, it Mr. JEFFORDS. Mr. President, I ask the annual conference of the Frank was that he agreed with you on everything. unanimous consent that the Com- Lloyd Wright Building Conservancy I mean everything. Well, most things. ‘‘Mr. which took place in Buffalo, NY. I Mayor,’’ I proclaimed, ‘‘if we can save that mittee on Foreign Relations be author- building, the time will come when people ized to meet during the session of the promised some of the attendees that I will get on airplanes and fly to Buffalo just Senate on Wednesday, September 24, would enter my keynote address in the to see it.’’ ‘‘Bull,’’ said His Honor. CONGRESSIONAL RECORD. I ask that the 1997, at 10 a.m., to hold a hearing, and May I say, it was a special pleasure to see at 2:15 p.m., to hold a business meeting. full text of my address be printed in in Thursday’s Buffalo News a picture of The PRESIDING OFFICER. Without the RECORD. Eugenio De Anzorena of Alexandria, Vir- objection, it is so ordered. The text follows: ginia, one of your conferees, making video- COMMITTEE ON GOVERNMENTAL AFFAIRS KEYNOTE ADDRESS BY SENATOR DANIEL tapes of the designs on the wall of the Guar- Mr. JEFFORDS. Mr. President, I ask PATRICK MOYNIHAN anty Building. ‘‘Appreciating Architecture’’ unanimous consent on behalf of the Not long ago I happened to be in Phoenix was the caption, although I should have pre- Governmental Affairs Committee Spe- and took the opportunity to visit Taliesin ferred, ‘‘The Mayor Refuted!’’ West, Frank Lloyd Wright’s desert com- cial Investigation to meet on Wednes- No matter. The Buffalo ‘‘Evening News,’’ mune. I was most generously received and as it then was, got the point. I began to learn day, September 24, at 10 a.m., for a shown everywhere, including the atelier hearing on campaign financing issues. where the plans were being drawn for the history of this great achievement of the The PRESIDING OFFICER. Without Wright’s splendid Monona Terrace Commu- Prairie School, the first American architec- objection, it is so ordered. nity and Convention Center, just now com- ture, soon to be seen world-wide. f pleted in Milwaukee. At length, I was shown We begin in middle of the 19th Century, in ADDITIONAL STATEMENTS the splendid, terraced dining room where, in the village of Stockton in nearby Chau- the manner of the Englishman in the jungle, tauqua, County. It was in Stockton where all communards, faithful to the Master’s one Hascal L. Taylor, a carriage maker, had TRIBUTE TO LT. COL. THOMAS R. edict, dress for dinner on Saturday night. grown up. Taylor would in time make a We are less formal here in Buffalo, but no great deal of money in the oil fields of west- MILLER less welcoming, and greatly honored to be at ∑ ern Pennsylvania. His vision was to build a Mr. SANTORUM. Mr. President, I the site of this year’s Frank Lloyd Wright monument, the largest office building in the would like to take this opportunity to Building Conservancy Annual Conference. city, in downtown Buffalo. Taylor imme- recognize an outstanding citizen from Each of us, I cannot doubt, has a personal diately sought the prestigious Chicago firm Allison Park, PA. On October 3, Lt. story of an encounter with the spiritual and of Dankmar Adler and Louis Sullivan, who physical force of architecture. As Americans, had of course built the Wainright Building in Col. Thomas Miller will retire from his we tend to begin in Europe, but with time, St. Louis four years earlier—in 1892. position as the joint program office more and more we return to our own. site director at the Software Engineer- I have two tales to tell. Adler, the engineer, and Sullivan, the de- ing Institute [SEI] of Carnegie Mellon The first is simple enough. In 1992, I was signer, had created a new form. A form based University. asked to address the convention of the Amer- on function. Taylor got it. He, however, died Thomas was born in Valley View, PA. ican Sociological Association then meeting in 1894. Fortunately the Guaranty Company He earned an undergraduate degree in in Pittsburgh. I arrived in a fine new hotel in bought the plans for the building and the the Golden Triangle expecting all manner of site. Note the brevity of the subsequent suc- computer science from Utah State Uni- posters and pronouncements as had been the versity. Later, Thomas received a M.S. cession: The Guaranty purchased the land fashion of a few decades earlier. Instead, I and plans in December of 1894. The construc- degree in systems management from was greeted by a large sign announcing the tors began laying the foundation for the new the Florida Institute of Technology. times of departure for the tour of building in February of 1895. By July of 1895, In 1974, Thomas received his Air Fallingwater. American sociologists are fi- the steel frame was complete, and in March Force Commission from the Reserve nally getting their priorities straight. of 1896, barely a year after laying the founda- My second tale, more personal and specific Officer Training Corps. Since then, he tion, the first occupants were moving in. In- to Buffalo, took place some twenty-one years has had an exemplary military career. credible. ago. I was then in a five-way primary contest Lieutenant Colonel Miller has served for the Democratic nomination for United Using his ‘‘organic’’ philosophy, Sullivan, as a computer systems acquisition en- States Senator. In the manner of such cam- had created a ‘sister’ work to St. Louis’s gineer at the Air Force Electronic Sys- paigns, most of one’s time is spent in strat- Wainwright Building. The new, taller build- tems Division for the Joint Tactical In- egy sessions in hotel rooms. One August day, ing, a 13 story, 140,000 square foot structure

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9904 CONGRESSIONAL RECORD — SENATE September 24, 1997 was called the nation’s second skyscraper. As all of you know, Sullivan was Frank to exert a great deal of influence on Euro- An ornate masterpiece, embellished with a Lloyd Wright’s ‘‘Lieber meister’’. In his book pean architects with the publication of warm terra cotta exterior but forceful in its largely on Sullivan, Genius and the Wright’s work by Ernst Wasmuth in Berlin verticality, was the new ‘‘American sky- Mobocrocy, Wright wrote of his early days in 1910. By the mid-1920s the European appre- scraper.’’ Let me say, that I would rather see with Sullivan: ciation of the Larkin Building had crossed Mount Vernon torn down, or even the White ‘‘ ‘Wright,’ the young draughtsman nine- the Atlantic. The building gained promi- House. They are fine buildings, but they are teen, he would often say to me with nence in American surveys of modern archi- copies. Copies of European buildings, which undisguised contempt: ‘Wright! I have no re- tecture and does so to this day. in turn were copies of Greek and Roman spect at all for a draughtsman!’ . . . His Yet, the proliferation of chain stores in buildings. The skyscraper is ours. Invented haughty disregard had already offended most small towns began to cut into the Larkin by this man of singular American genius, of the Adler and Sullivan employees. His Company’s mail order business. The Depres- Louis Sullivan. In architecture, as in much contempt may have been due to the fact that sion caused further problems. Assets were else, we had followed the rest of the world. he was so marvelous a draughtsman himself. liquidated to pay creditors. By 1943 the Then came Sullivan, and ever since the But I knew what he really meant . . . He Larkin Company had no assets other than world has followed us. Indeed, the Guaranty taught me nothing nor did he ever pretend to the building, on which it owed $85,000 in back is our treasure, and yet remarkably it has do so except as he was himself the thing he taxes. not always been appreciated as such. did and as I could see it for myself. He (‘the In August, 1949 the Western Trading Cor- By the 1940s the building had already designing partner’) was the educational doc- poration offered the Common Council $5,000 changed owners. In the 1950s the owners were ument in evidence.’’ and promised to raze the Larkin Building concerned about the accumulation of dirt on Wright then clarified Sullivan’s genius and and replace it with something that would the facade. They chose an unfortunately de- its relationship to the ‘mobocrocy’: improve the tax base. Two months later structive solution: they hired sandblasters to ‘‘Do you realize, that here in his [Sulli- Mayor Dowd accepted the offer. The building clean the terra cotta on the first two stories. van’s] own way, is no body of culture evolv- was demolished to make way for a truck ter- Other ‘‘improvements’’ included adding sus- ing through centuries of time but a scheme minal, but Western Trading then petitioned pended acoustical ceilings and tile flooring, and ‘style’ of plastic expression which an in- to move the terminal to a larger lot. A va- thereby altering the perspectives of Sulli- dividual, working away in the poetry crush- cant lot exists on the site today. van’s rooms and hiding some of the exquisite ing environment of a more cruel materialism So too in downtown Chicago, one of Sulli- interior decorations. than any seen since the days of the brutal van’s first buildings was replaced by a multi- Even though it was located downtown, its Roman, has made out of himself? Here was a story parking garage. Wright had warned of facilities became ‘‘outmoded’’ and its rental sentient individual who evoked the goddess the ‘‘poetry crushing environment of a more space was in very little demand. Even whole civilizations strove in vain for cen- cruel materialism’’ and both his and Sulli- though it was listed on the National Register turies to win, and wooed her with this van’s works were victims of this environ- of Historic Places in 1973 and designated a charming interior style—all on his own in ment. The burden falls on men and women national historic landmark in 1975, a fire in one lifetime all too brief . . . [Sullivan’s] like you to remind us all of the value of 1974 forced much of the building to close, and language of self expression was as complete these works. placed the building’s future in jeopardy. in itself’’ as that ‘‘of any of the great style It was just such a reminder that opened my In June of 1977, Progressive Architecture, which time took so many ages to perfect.’’ eyes to the wonder, and neglect of the Dar- reported: ‘‘Discreet inquiries have been made Yet, I do not want to mislead. They had win Martin House. It was Saint Patrick’s by owners of Louis Sullivan’s Prudential their disagreements. Day, 1991, and Jason Aronoff, the head of the Building (formerly Guaranty) in Buffalo, NY By 1902, Wright had perfected some of his Landmark Society of the Niagara Frontier’s about steps to demolish a historic land- outside commissions in the form of the Prai- Martin House Task Force had asked me to mark.’’ Thus by 1977, architects were speak- rie house. On September 11, 1902, Darwin look into the condition of the Darwin Martin ing of the building in terms of how best to Martin—Secretary of the successful Larkin House. I was not prepared. demolish it. In April of 1977 the City threat- Company of Buffalo—visited his brother Wil- We first visited the splendidly maintained ened to destroy the building. liam in Chicago. William was looking for a Heath House with its gracious young family. In September of 1977, the Greater Buffalo site for a new home, and as they toured Oak We then went across to see the Darwin Mar- Development Foundation established a vol- Park they became intrigued with Wright’s tin House, which was quite simply a ruin. unteer task force of business and community designs there. William met with Wright a The concrete was running away like sand. leaders to study the possible renovation of month later and wrote his brother that he Two of the great ornamental urns were miss- the building. After concluding that it should was most favorably impressed. William ing from the front step and were only later be done, they came up with new financial wrote: found discarded in the yard. On the front strategies that included tax exempt financ- ‘‘He would be pleased to design your house door and side windows thereof there was a ing rates, partial property tax abatement, - & further he is the man to build your office printed sign which read: and private loans. The cost was estimated to - he has had large experience in the large of- NOTICE be around $12.4 million. fice buildings with Adler and Sullivan . . . he ‘‘New York State’s Current fiscal condition I wrote to the Secretaries of Housing and says it is strange that he is only known as a has caused the closing of the Darwin D. Mar- Urban Development, Commerce, and Interior residence architect - when his best and larg- tin House to the public until further notice. seeking funds for the building. In October of est experience was in large buildings.’’ Queries about future opening date and res- 1977, I convinced Vice President Mondale to Meryle Secrest in his biography of Wright, toration plans for the House should be tour the building whilst visiting here. (He A House Divided, wrote that Wright saw the Mailed to . . .’’ needed no persuading, having the Owatonna Larkin Project as his chance to ‘‘break into I immediately wrote to the Buffalo News in Bank back home.) In November of 1978, we the world of large building commissions,’’ an effort to alert all to the horrid state of got our first grant, small but symbolic— but that he ‘‘shamelessly exaggerated the this wonderful House. What had become of $50,000 from The Department of Interior’s importance of his role at Adler and Sul- this masterpiece? Who was to blame? How Historic Preservation Program. And in April livan.’’ For Martin later told Larkin that: can we avoid such a tragedy in the future? of 1981, we secured a $2.4 million Urban De- ‘‘the $500,000 Wainwright Building and the In the Martin House, Wright showed what velopment Action Grant (UDAG) from the Union Trust Building and the Union Trust he could do with what became an almost un- US Department of Housing and Urban Devel- Building of St. Louis; the Schiller Theater limited budget. Construction on the Martin opment (HUD). In addition, as a site on the and the Stock Exchange in Chicago; the Se- House began in early 1904 and ended in 1906 National Register of Historic Places, the attle and Pueblo Opera Houses, all Adler and with 20 rooms and 11,000 square feet, at a building was qualified to receive a 25 percent Sullivan’s work, were, I inferred from Mr. cost of $160,000. tax credit on the entire investment under Wright, largely his creations.’ ’’ Because of, perhaps in spite of, their nu- the Economic Recovery Tax Act of 1981. The Larkin Company of Buffalo commis- merous dialogues over the plans for and the After a majestic renovation by the archi- sioned him (at Mr. Darwin Martin’s rec- cost of the house, Martin and Wright became tectural and engineering firm Canon, the ommendation) to design its administrative fast friends. Martin helped Wright get many building re-opened in December of 1983. building across from the soap factory and other commissions through the years. Late But there is a lesson to be learned here. warehouse. For Wright, it was an oppor- in life Martin offered Wright one last com- Fortunately, throughout the process of ren- tunity to develop complex spatial ideas. His mission, a monument for the family plot in ovating the Guaranty building there were exterior was an expression of almost pure the Forest Lawn Cemetery. Martin wanted a those of us, spurred on by the Buffalo News, geometric form, with no ornamentation save design to cover only the space for one grave. who began to recover the memory, if you for two piers topped by sculptures supporting Typically, Wright produced a much larger will, of one of the greatest tragedies of archi- globes to symbolize the company’s inter- design with a flight of marble steps climbing tecture in this nation—the demolition of national aspirations. Wright intended the re- the slope of the lot to a single headstone Frank Lloyd Wright’s Larkin building. An ductive form to be a ‘‘genuine and construc- bearing the family names. The stock market examination of that misguided chain of tive affirmation of the new Order of the Ma- crash prevented the commission from being events tells us a little more about the dan- chine Age.’’ realized. On learning of Martin’s death in gers of neglect, and introduces New York to The Larkin Building was not at first wide- 1935, Wright referred to him as ‘‘My best the mind of Louis Sullivan’s greatest pupil. ly praised in architectural circles. It began friend.’’

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9905 After Darwin Martin died the house stood culine’’ and ‘‘feminine’’ traits as exhibited help free a people by offering food, vacant for the next 17 years. There is no by ‘‘strongly indicative line’’ in the former shelter, clothing, money, or whatever clear explanation for his son’s lack of appre- and a ‘‘playful pattern of wall space’’ in the would assist passengers along the Un- ciation for the house, no clear answer to why latter. But function was certainly important derground Railroad. Typically, a stop Darwin Jr. began to strip the house of its to the Saarinens; Kleinhans is a splendid hall doors, lighting, wiring, moldings, heating, in which to hear a concert. It is also one of along the Underground Railroad would and plumbing systems and installing them in but three examples of Eliel’s work in the be a farmhouse or a church where pas- other buildings he owned. When he finally East. sengers would be hidden in the attic or vacated the house, he left the doors un- In 1984 I secured a tax provision—a ‘‘sale- the basement, or behind false walls or locked. Neighborhood children would come leaseback’’ provision, that could have been even under floorboards. A person on in for roller skating, or to smash some win- worth millions to the upkeep and restoration the railroad would be concealed until it dows or some of the remaining mosaic tiles of Kleinhans. But one of the investors was determined that it was safe to over the fireplace. Eventually part of the backed out at the last minute before the roof fell in from the weight of snow. legal deadline and the deal fell through. A travel to the next site. This scenario In 1946 the City was the sole bidder on the decade later the need for restoration funds was repeated over and over again until Martin House at the foreclosure sale. In 1954 had not diminished. I got $1.5 million for the the passenger reached safety in the Buffalo architect Sebastian Tauriello bought effort in 1994. North or in Canada, Mexico, or the Car- the house, the pergola, the conservatory, and Then, of course, there are the buildings by ibbean. the garage for $22,000. He wrote to Wright for H. H. Richardson. Wright disclosed that Sul- Although largely clandestine, the the original plans and received the following livan had a respect for Richardson, that he Underground Railroad is a tangible ex- reply: ‘‘Dear Tauriello: Hope you treat the (Richardson) had for few others. Again from, ample of the extent that resistance to opus according to its merits. When we return Genius and the Mobocrocy: ‘‘Later I [Wright] slavery existed during the 18th and 19th to Wisconsin May first I will look up the discovered his [Sullivan’s] secret respect, plans and send you a set of prints with a bill leaning toward envy (I am ashamed to sus- centuries. Indeed, some 380 sites—28 of for the prints. Frank Lloyd Wright.’’ pect), for H.H. Richardson.’’ which are in New York—have been doc- Fearing an exorbitant fee, Tauriello pro- Eight of the original eleven buildings de- umented in a National Park Service ceeded without them. The doors, heating, signed for the Buffalo State Hospital stand study as sites potentially significant to and plumbing systems were replaced by Au- today. The most splendid being the twin tow- the Underground Railroad movement. gust and the Tauriello’s moved in. Part of ered centerpiece buildings. In 1990, the state It is likely that there are more sites his plan for financing the restoration of the spent $4.5 million to restore one of the seven about which we will never know. Of the house was the sale of a portion of the prop- remaining patient pavilions. However, these erty. The pergola, conservatory, and garage buildings were vacated in 1993 and 1995. Omi- sites that do exist, it is important to were in varying stages of decay. They were nously, the state has designated the build- highlight their role in abetting the demolished and the apartments you see ings ‘‘surplus property’’ and is looking to elimination of the shameful practice of today were built to Mr. Tauriello’s design. sell them on the open market. Thus our bat- slavery. Mr. Tauriello was not wealthy, and was not tle continues. It is important to our national herit- in a position to restore the house to its 1908 We restored the Guaranty—the soul of this age that we recognize and remember condition. He also wanted to add modern city. We are on our way to restoring Darwin the bravery of those who risked their conveniences and some individual touches. Martin—the treasure of scale, of form and of lives to make the journey along the As he did not need a 20 room house and did relationship of interior to exterior. need restoration funds, he created two five- Kleinhans Music Hall and the Roycroft Inn Underground Railroad and those who room apartments inside. But regardless of are also to be included in a tablet of success. provided sanctuary to them. This legis- the changes he made, he saved the house. However, Federal support is waning. As you lation will help raise awareness about Tauriello died in 1965. The next year his wife state in the opening of the conference, these locations along the Underground sold the house to SUNY Buffalo at the re- Wright wrote that the ‘‘Prairie begins west Railroad, enhancing the chances that quest of new president Martin Meyerson, a of Buffalo.’’ We must do our best to see that the sites will be maintained or re- Wright aficionado. He left Buffalo in 1970. our treasures do not become dust on the stored. We must recognize and preserve Several university offices were located in the prairie. It happened to the Larkin building. these historic sites, which represent house until 1980, when it again stood unused, It may yet happen to those of Richardson. So as it was on the day of our visit in 1991. again I say the burden is unduly forced on the extraordinary efforts, perils, sac- There was a restoration plan in place, but men and women like you to remind us of the rifices, and triumphs of those who next to no money. I went to ROBERT C. BYRD, symphony that continues to play around us, risked their lives so that they might chairman of the subcommittee that funds like this great symphonic interplay we have taste freedom. I urge my colleagues to Federal historic preservation programs, and here in Buffalo. ∑ join me in cosponsoring this important asked for his help. While there was no pro- measure.∑ gram that provides specific funds to restore f specific buildings, he saw to it that the Dar- NATIONAL UNDERGROUND RAIL- f win Martin House got $500,000 that year. In ROAD NETWORK TO FREEDOM TRIBUTE TO ENTREPRENEUR 1995 we were able to reprogram another ACT, S. 887 WALLY AMOS $500,000, this time in funds from the Depart- ment of Housing and Urban Development, for ∑ Mr. D’AMATO. Mr. President, I rise ∑ Mr. CLELAND. Mr. President, I come the house. Last spring, at the urging of Stan today to urge my colleagues to join me to the floor today to pay tribute to my Lipsey, I asked Senator GORTON of Wash- in cosponsoring legislation that will good friend Wally Amos. ‘‘Famous ington State for another $500,000 in historic commemorate the physical as well as Amos’’ known to many Americans as preservation funds, and the Senate bill, HR spiritual triumph over one of our Na- the founder of Famous Amos Cookies 2107, which we passed on Thursday night, in- tion’s most tragic legacies. This legis- and the father of the gourmet choco- cludes that amount. I should warn you not to look at these ap- lation is designed to help the National late chip cookie industry, is an exam- propriations and think any deserving preser- Park Service present a dramatic chap- ple to all of us. He is an example be- vation project, even a Wright house, can ter in American history; the persever- cause of his dedication to our country count on Federal funds. None can. The $40 ance of the quest for liberty that saw as a veteran of the U.S. Air Force, and million we provide each year for preserva- hundreds of thousands risk their lives for what he has accomplished as an en- tion goes directly to the State Preservation so that they might live free. The Na- trepreneur and businessman. He is a offices. There is no ‘‘Save This Building’’ ac- tional Underground Railroad Network citizen of this country who has reaped count. Is there support for one? I quote the Senate bill we just passed: ‘‘This will be the to Freedom Act, S. 887, will give, for great success but has not neglected his final year of appropriations to the National the first time, Federal recognition and responsibilities to the community. And Trust for Historic Preservation.’’ That is a acknowledgment to this avenue of hope even more than that, Mr. President, battle for next year, but we have all we can for those who sought freedom from tyr- Wally Amos brings a powerful and in- do to keep what programs we have. anny and oppression. spirational message to people in all Thus on a couple of last notes, I hope you The Underground Railroad was a walks of life. have had a chance to visit Kleinhans Music loosely organized system of escape I have said over and over that I be- Hall, another of Buffalo’s wonders. It is one routes for hundreds of thousands of lieve that small businesses and entre- of the great later works of Eliel Saarinen. It is also one of the first commissions on which enslaved African-Americans. Average preneurship are the foundation of the son Eero worked side by side with him. The men and women, who shared a love of economic engine of this country. Wally building’s sense of balance is representative freedom and a hatred of the institution Amos has for some time now written a of, in Eliel’s words, the structure’s ‘‘mas- of slavery, committed themselves to monthly column subtitled ‘‘Grow Your

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9906 CONGRESSIONAL RECORD — SENATE September 24, 1997 Business,’’ and I would like to take summa cum laude and was valedic- tion’’) together with a Protocol and an just a few moments to highlight sev- torian of her class. Ms. Woodward exchange of notes done on the same eral principals that he has offered as a joined the staff of the Merrimack date. Also transmitted is the report of result of good and bad experiences he School District as a substitute, and is the Department of State concerning has lived though: First, effort doesn’t currently employed as a full-time the Convention. always equal results. You grow a busi- French teacher at Mastricola Middle This Convention, which is similar to ness by assessing your personal School. tax treaties between the United States strengths and contributing them to the Dedicated, creative, hard-working and other OECD nations, provides max- efforts of the team. Second, some of and inspirational are all words which imum rates of tax to be applied to var- the greatest personal growth comes as describe Ms. Woodward. A perfectionist ious types of income and protection a result of some of the most chal- by nature, Susan uses a variety of in- from double taxation of income. The lenging experiences. What you give at- structional techniques, auditory and Convention also provides for resolution tention to grows. Rather than give at- visual, so her students are always ac- of disputes and sets forth rules making tention to what you don’t have, focus tive participants in their learning. She its benefits unavailable to residents on what you do have. Third, fear cre- makes her classes fun, employing a that are engaged in treaty shopping. I recommend that the Senate give ates anger, resentment, anxiety, frus- marvelous sense of humor, fairness and early and favorable consideration to tration, and worry, none of which will compassion. Ms. Woodward believes this Convention, with its Protocol and help you succeed in business. Fourth, every student has potential, every stu- exchange of notes, and that the Senate be passionate about your business. dent is special, and makes every effort give its advice and consent to ratifica- to be available for her students. Demonstrate that you care for your tion. employees and business associates. Active inside and outside the class- WILLIAM J. CLINTON. room, Ms. Woodward is a good role People are your most important asset. THE WHITE HOUSE, September 24, 1997. Fifth, your employees have a vested in- model for her students. Whether stay- terest in your success. Sixth, dogmatic ing after school helping her students or f behavior and stubbornness have cre- dancing at a school dance, Ms. Wood- THE CALENDAR ated long-term success. The quickest ward is always available for advice and Mr. FAIRCLOTH. Mr. President, I way to failure is to believe that your support. ask unanimous consent that the Sen- way is the only way. The mark of a great teacher is one ate now proceed to the consideration of Mr. President, in every job Wally who cares, unconditionally, about the the following bills en bloc: Calendar Amos has had, he always started at the success and well-being of students. Mr. No. 147, S. 542; Calendar No. 148, S. 662; bottom and worked his way to the top. President, as a former teacher myself, and Calendar No. 149, S. 880. I hope that others will look to the ex- I understand the challenges, respon- Mr. President, I further ask unani- ample of citizenship and entrepreneur- sibilities and dedication involved with mous consent that any committee ship of Wally Amos and be inspired as teaching. I admire and respect Ms. amendment be considered as agreed to, I am. ∑ Woodward for establishing herself as an the bills be considered read a third f irreplaceable teacher in the school dis- time and passed, the motions to recon- trict of Merrimack. Most importantly, sider be laid upon the table, and that ST. MONICA CATHOLIC CHURCH she is helping to shape the lives of the any statement relating to the bills be ∑ Mr. BOND. Mr. President, today I young students who are the future of printed at the appropriate point in the stand before you to pay tribute to the New Hampshire and the country. I am RECORD and that the proceedings all Saint Monica Catholic Church in Creve very honored to have Ms. Woodward as occur en bloc. Coeur, Missouri. On Sunday, Sep- a teacher in the Granite State. The The PRESIDING OFFICER. Without tember 28, 1997, the St. Monica Catho- Sallie Mae Award has indeed gone to a objection, it is so ordered. lic Church will celebrate its 125th anni- first-class teacher.∑ f versary with Archbishop Justin Rigali. f CERTIFICATE OF DOCUMENTATION Among the several outstanding as- FOR THE VESSEL ‘‘FAR HORI- pects of St. Monica Catholic Church is REMOVAL OF INJUNCTION OF SE- ZONS’’ a school which has contributed to the CRECY—TREATY DOCUMENT NO. community in service and education. 105–31 The Senate proceeded to consider the The St. Monica Parish Family is the Mr. FAIRCLOTH. As in executive bill (S. 542) to authorize the Secretary center of the Creve Coeur community session, I ask unanimous consent that of Transportation to issue a certificate and has always prided themselves in the Injunction of Secrecy be removed of documentation with appropriate en- their family oriented approach in faith. from the following treaty transmitted dorsement for employment in the I commend the St. Monica Catholic to the Senate on September 4 by the coastwise trade for the vessel Far Hori- Church staff and members for their President of the United States: zons. spirit and energy throughout their Tax treaty with Ireland (Treaty Doc- The bill was considered, ordered to be many years of existence and hope they ument No. 105–31.) engrossed for a third reading, read the continue to enrich the Creve Coeur I further ask that the treaty be con- third time, and passed; as follows: community for years to come.∑ sidered as having been read the first S. 542 Be it enacted by the Senate and House of Rep- f time, that it be referred with accompanying papers to the Committee on resentatives of the United States of America in TRIBUTE TO SUSAN M. WOOD- Foreign Relations and ordered to be Congress assembled, WARD, OUTSTANDING TEACHER printed and that the President’s mes- SECTION 1. CERTIFICATE OF DOCUMENTATION. ∑ Notwithstanding section 27 of the Mer- Mr. SMITH of New Hampshire. Mr. sage be printed in the RECORD. chant Marine Act, 1920 (46 U.S.C. App. 883), President, I rise today to honor Susan The PRESIDING OFFICER. Without section 8 of the Act of June 19, 1886 (24 Stat. M. Woodward, the New Hampshire win- objection, it is so ordered. 81, chapter 421; 46 U.S.C. App. 289), and sec- ner of the Sallie Mae First Class The message of the President is as tions 12106 through 12108 of title 46, United Teacher’s Award, which recognizes the follows: States Code, the Secretary of Transportation Nation’s outstanding elementary and To the Senate of the United States: may issue a certificate of documentation secondary school teachers in their first I transmit herewith for Senate advice with appropriate endorsement for employment in the coastwise trade for the vessel year of teaching. Susan was selected and consent to ratification the Conven- FAR HORIZONS, United States official num- for her outstanding dedication to tion Between the Government of the ber 1044011. United States of America and the Gov- teaching and her love for her students f in her first year at Mastricola Middle ernment of Ireland for the Avoidance of School in Merrimack, NH. Double Taxation and the Prevention of CERTIFICATE OF DOCUMENTATION Ms. Woodward received her bachelor Fiscal Evasion with Respect to Taxes FOR THE VESSEL ‘‘VORTICE’’ of arts degree from Rivier College in on Income and Capital Gains, signed at The Senate proceeded to consider the Nashua, NH, in 1995. She graduated Dublin on July 28, 1997, (the ‘‘Conven- bill (S. 662) to authorize the Secretary

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9907 of Transportation issue a certificate of lution be agreed to, the preamble be Senate Commerce Committee, I am documentation with appropriate en- agreed to, the motion to reconsider be proud to support the nomination of Ms. dorsement for employment in the laid upon the table, and that any state- Sheila F. Anthony to serve as a Com- coastwise trade for the vessel Vortice, ment relating to the resolution appear missioner of the Federal Trade Com- which had been reported from the Com- at this point in the RECORD. mission [FTC]. The FTC is now func- mittee on Commerce, Science, and The PRESIDING OFFICER. Without tioning with only four Commissioners. Transportation, with an amendment to objection, it is so ordered. Because of the Commission’s myriad of strike all after the enacting clause and The resolution was agreed to. responsibilities, it is imperative the inserting in lieu thereof the following: The preamble was agreed to. agency operates with maximum par- S. 662 The resolution (S. Res. 125), with its ticipation of its designated Commis- Be it enacted by the Senate and House of Rep- preamble, read as follows: sioners to ensure its efficiency. resentatives of the United States of America in S. RES. 125 The primary duties of the Federal Congress assembled, That notwithstanding Whereas Dr. Jason C. Hu has served with Trade Commission are: First, to pro- sections 12106 and 12108 of title 46, United distinction as Representative of the Taipei tect consumers from unfair and decep- States Code, section 8 of the Act of June 19, Economic and Cultural Representative Office tive practices, and second to ensure the 1886 (46 U.S.C. App. 289), and section 27 of the (TECRO) since June 1996, and has ably rep- operation of an efficient and competi- Merchant Marine Act, 1920 (46 U.S.C. App. resented the interests of the Republic of 883), the Secretary of Transportation may tive market-place. As part of its ad- China on Taiwan; ministrative responsibilities, the Com- issue a certificate of documentation with ap- Whereas Dr. Hu has been a firm and con- propriate endorsement for employment in mission administers a number of Fed- sistent advocate of democratic principles eral statutes, including the Federal the coastwise trade for the vessel VORTICE throughout his distinguished career; (Bari, Italy, registration number 256), if the Whereas Dr. Hu has established many deep Trade Commission Act, which provides vessel meets the ownership requirements of friendships with Members of Congress and the Commission its consumer protec- section 2 of the Shipping Act, 1916 (46 U.S.C. other Americans during his tenure in Wash- tion authority, and the Sherman, Clay- App. 802). ington; and ton & Robinson-Patman antitrust stat- The bill (S. 662), as amended, was Whereas Dr. Hu has been asked to return utes, as well as the Fair Credit Report- passed. to Taiwan to serve as the Minister of For- ing, Fair Debt Collection Practices, f eign Affairs of the Republic of China: Now, and Truth in Lending Acts. A few of therefore, be it the Commission’s specific duties in- CERTIFICATE OF DOCUMENTATION Resolved by the Senate, That the Senate FOR THE VESSEL ‘‘DUSKEN IV’’ hereby— clude safeguarding the public from The Senate proceeded to consider the (1) commends Dr. Jason C. Hu for his serv- false advertisement of goods and serv- bill (S. 880) to authorize the Secretary ice as Representative of the TECRO office; ices, telemarketing fraud, unfair pric- of Transportation to issue a certificate and ing of products, unfair mergers and ac- of documentation with appropriate en- (2) expresses to Dr. Hu and his family its quisitions, illegal boycotts, and other best wishes for his continued success in the unfair methods of competition. dorsement for employment in the future. coastwise trade for the vessel Dusken Ms. Anthony’s record reveals she is IV, which had been reported from the f well qualified to serve as a Commis- sioner on the FTC. Her past experience Committee on Commerce, Science, and EXECUTIVE SESSION Transportation, with an amendment to includes serving as an Assistant Attor- strike all after the enacting clause and ney General with the U.S. Department of Justice, as well as working as a pri- inserting in lieu thereof the following: EXECUTIVE CALENDAR vate practice attorney on matters such S. 880 Mr. FAIRCLOTH. Mr. President, I as copyright, trademark, and antitrust. Be it enacted by the Senate and House of Rep- ask unanimous consent that the Sen- Ms. Anthony has stated she is ready resentatives of the United States of America in ate immediately proceed to executive Congress assembled, That notwithstanding to take on the many present challenges sections 12106 and 12108 of title 46, United session to consider the following nomi- of the FTC. I look forward to working States Code, section 8 of the Act of June 19, nations on the Executive Calendar: No. with her and urge my colleagues to 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 246 and No. 258. support her nomination. 289), and section 27 of the Merchant Marine I further ask unanimous consent that f Act, 1920 (46 U.S.C. App. 883), the Secretary the nominations be confirmed, the mo- of Transportation may issue a certificate of tions to reconsider be laid upon the LEGISLATIVE SESSION documentation with appropriate endorse- table, any statements relating to the The PRESIDING OFFICER. Under ment for employment in the coastwise trade nominations appear at this point in the the previous order, the Senate will re- for the vessel DUSKEN IV (United States of- turn to legislative session. ficial number 952645). RECORD, the President be immediately notified of the Senate’s action, and the The bill (S. 880), as amended, was f Senate then return to legislative ses- passed. AUTHORIZING THE PRESIDENT TO sion. AWARD A GOLD MEDAL f The PRESIDING OFFICER. Without COMMENDING OF DR. JASON C. HU objection, it is so ordered. Mr. FAIRCLOTH. Mr. President, I ask unanimous consent that the Sen- Mr. FAIRCLOTH. Mr. President, I The nominations considered and confirmed en bloc are as follows: ate proceed to the immediate consider- ask unanimous consent that the Sen- ation of H.R. 2248 which was received FEDERAL TRADE COMMISSION ate proceed to the immediate consider- from the House. ation of S. Res. 125 submitted earlier Sheila Foster Anthony, of Arkansas, to be The PRESIDING OFFICER. The today by Senator MURKOWSKI. a Federal Trade Commissioner for the term of seven years from September 26, 1995. clerk will report the bill by title. The PRESIDING OFFICER. The The bill clerk read as follows: AIR FORCE clerk will report the resolution by A bill (H.R. 2248) to authorize the Presi- title. The following named officer for appoint- dent to award a gold medal on behalf of the The bill clerk read as follows: ment in the United States Air Force to the Congress to Ecumenical Patriarch Bar- A resolution (S. Res. 125) commending Dr. grade indicated while assigned to a position tholomew in recognition of his outstanding Jason C. Hu, Representative of the Taipei of importance and responsibility under title and enduring contributions toward religious Economic and Cultural Representative Office 10, U.S.C., section 601 and to be appointed as understanding and peace, and for other pur- in the United States. Chief of Staff, United States Air Force under poses. The PRESIDING OFFICER. Is there the provisions of title 10, U.S.C., section 8033: The PRESIDING OFFICER. Is there objection to the immediate consider- To be general objection to the immediate consideration of the resolution? Gen. Michael E. Ryan, 0000. ation of the bill? There being no objection, the Senate STATEMENT ON THE NOMINATION OF MS. SHEILA There being no objection, the Senate proceeded to consider the resolution. ANTHONY TO BE FEDERAL TRADE COMMISSIONER proceeded to consider the bill. Mr. FAIRCLOTH. Mr. President, I Mr. HOLLINGS. Mr. President, as the Mr. D’AMATO. Mr. President, I rise ask unanimous consent that the reso- ranking Democratic member of the today to urge my colleagues to support

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9908 CONGRESSIONAL RECORD — SENATE September 24, 1997 swift passage of H.R. 2248. This bill is symposium emphasizing the health and From his historical seat in Istanbul, identical to the bill that I introduced well-being of the world’s oceans. The Turkey, Patriarch Bartholomew has along with Senator SARBANES as origi- Patriarch is also a cosponsor of an an- served as a mediator between East and nal cosponsor. Both bills authorize the nual conference addressing the protec- West, Christians and Muslims, and as a presentation of the Congressional Gold tion of our global environment. force for openness and tolerance in the Medal to His All Holiness, the Ecu- Mr. President, in October of this newly emerging independent countries menical Patriarch Bartholomew, lead- year, Patriarch Bartholomew will visit of Eastern Europe. er of the Orthodox Christian Church. the United States to offer his spiritual As he pursues the goal of peace, Pa- It is fitting that we recognize the tre- message of unity, compassion, and triarch Bartholomew is equally vig- mendous leadership this religious fig- brotherhood. It is my belief that Con- orous in his desire to preserve and pro- ure provides to nearly 300 million peo- gress should honor the work of this mote the Earth’s environment as a re- ple worldwide during his upcoming great leader in recognition of his out- flection of God’s creation. Working visit to our country. standing and enduring contributions to with the European Commission, the While many consider countries such religious freedom, tolerance, world Worldwide Fund for Nature, and his as Russia and Greece to be Orthodox peace, environmental protection, and Royal Highness Prince Philip, he has Christian strongholds, the fact is that human rights. cosponsored significant international nearly 5 million United States citizens In closing, Mr. President, I call upon conferences on the environment, in- of Greek, Russian, Ukrainian, and Ser- my colleagues to support bestowing the cluding one scheduled for this month bian descent are Orthodox Christians. Congressional Gold Medal upon a vi- on the future ecological health of the The contributions of these Americans sionary for our times, Ecumenical Pa- Black Sea. to our rich history and culture exem- triarch Bartholomew. I would also like I believe it is most fitting that the plify the values, ideals, and dreams of to take the opportunity to extend visit and the accomplishments of Pa- this great Nation. thanks to my 48 colleagues in the Sen- triarch Bartholomew should be recog- The Patriarch Bartholomew has fol- ate who have lent their bipartisan sup- nized and honored by this Gold Medal lowed a calling in his life—to selflessly port to this effort. as it will reflect the appreciation of the Mr. SARBANES. Mr. President, I am serve not only people of Greek origin, American people for his ministry of pleased to join Senator D’AMATO, but millions of believers from all over peace and reconciliation. chairman of the Senate Committee on the world, through his strong faith. Mr. FAIRCLOTH. I ask unanimous Patriarch Bartholomew was en- Banking, Housing, and Urban Affairs, consent that the bill be considered read in urging immediate passage of H.R. throned as the 270th spiritual leader of a third time and passed, the motion to 2248. the Orthodox Christians in 1991. This reconsider be laid upon the table, and Patriarch Bartholomew will be vis- new title came with enormous respon- that any statements relating to the iting the United States from October 19 bill be printed at the appropriate place sibilities and burdens. But, the Patri- through November 17, 1997. This bill arch Bartholomew was prepared to in the RECORD. awards the Congressional Gold Medal The PRESIDING OFFICER. Without meet the task. Not only has he fulfilled to Ecumenical Patriarch Bartholomew, objection, it is so ordered. the demanding role as preeminent lead- the spiritual leader of approximately The bill (H.R. 2248) was passed. er of Orthodox Christians, he has dedi- 300 million Orthodox Christians world- f cated himself and used his station to wide. The occasion of this legislation is promote worthy, noble causes. to recognize Patriarch Bartholomew’s FEDERAL BUREAU OF INVESTIGA- Mr. President, in the name of reli- outstanding contributions to world TION, WASHINGTON FIELD OF- gious unity and cooperation, Patriarch peace and understanding during his FICE MEMORIAL BUILDING Bartholomew is working to promote tenure as head of this ancient branch Mr. FAIRCLOTH. Mr. President, I interfaith dialog between the Orthodox of Christianity and to honor Patriarch ask unanimous consent that the Sen- Church, and the Roman Catholic Bartholomew’s first visit to the United ate proceed to the immediate consider- Church, leading Protestant denomina- States as Patriarch. As a Greek-Ortho- ation of H.R. 2443, which was reported tions, Muslim leaders, and various dox American and member of the by the Environment and Public Works other faiths. Greek Orthodox Cathedral of the An- Committee today. He has also sought to strengthen the nunciation in Baltimore, I am particu- The PRESIDING OFFICER. The bonds between Judaism and Orthodox larly gratified to join in this tribute. clerk will report. Christianity. In 1994, the Patriarch During his American visit Patriarch The bill clerk read as follows: worked side by side with Rabbi David Bartholomew will meet with thousands A bill (H.R. 2443) to designate the Federal Schneier and the Appeal of Conscience of Orthodox faithful and will take the building located at 601 Fourth Street, N.W., Foundation to cosponsor the Peace and opportunity to convey his message of in the District of Columbia, as the ‘‘Federal Bureau of Investigation, Washington Field Tolerance Conference, bringing to- reconciliation to Americans of all gether Christians, Jews, and Muslims Office Memorial Building’’, in honor of Wil- backgrounds and beliefs. His All Holi- liam H. Christian, Jr., Martha Dixon Mar- for human and religious freedom. ness has been a leader in ecumenical tinez, Michael J. Miller, Anthony Palmisano, And Patriarch Bartholomew’s com- understanding and has convened impor- and Edwin R. Woodriffe. passion is far-reaching. In the war-torn tant meetings which have brought to- The Senate proceeded to consider the countries of the Balkans, he has helped gether participants of all religious bill. to advance reconciliation among backgrounds. In 1994, in cooperation Mr. FAIRCLOTH. I ask unanimous Catholic, Muslim, and Orthodox com- with Rabbi David Schneier and the Ap- consent the bill be considered read a munities. peal of Conscience Foundation, he co- third time and passed, the motion to As a citizen of Turkey, Patriarch sponsored a Peace and Tolerance Con- reconsider be laid upon the table, and Bartholomew is deeply concerned ference in Istanbul where Christians, that any statements relating to the about the need to sustain the cause of Jews, and Muslims joined together to bill be printed at the appropriate place peace. He has been a dynamic leader in discuss important and pressing issues. in the RECORD. efforts to ease Greek-Turkish tensions As spiritual head of world Orthodoxy, The PRESIDING OFFICER. Without and to promote international coopera- Patriarch Bartholomew has been a objection, it is so ordered. tion, adherence to international law, leader in the quest for peace through- The bill (H.R. 2443) was considered and respect for human rights of victims out the world, particularly in Eastern read the third time, and passed. of aggression. Europe, the Balkans, and the Middle f Mr. President, Patriarch Bar- East. He has vigorously spoken out tholomew, also referred to as the against extremists and those who ORDERS FOR THURSDAY, ‘‘Green Patriarch’’ has a sincere com- would use violence to achieve their SEPTEMBER 25, 1997 mitment to the environmental legacy ends and has counseled respect for all Mr. FAIRCLOTH. Mr. President, on we will one day leave to our children. peoples, irrespective of their nation- behalf of the leader, I ask unanimous Together with global leaders, he con- ality and religion; his ministry has consent that when the Senate com- vened an international environmental been a call to our best virtues. pletes its business today, it stand in

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24SE7.REC S24SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 24, 1997 CONGRESSIONAL RECORD — SENATE S9909 adjournment until the hour of 12 noon priations bills the Senate will consider. DEPARTMENT OF STATE on Thursday, September 25. I further Therefore, all Members’ cooperation is SHAUN EDWARD DONNELLY, OF INDIANA, A CAREER ask that on Thursday, immediately fol- appreciated in notifying the managers MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- lowing the prayer, the routine requests of the legislation of their intent to DINARY AND PLENIPOTENTIARY OF THE UNITED STATES through the morning hour be granted offer amendments so we can have time- OF AMERICA TO THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA, AND TO SERVE CONCURRENTLY AND and the Senate immediately resume ly consideration of this legislation. In WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR consideration of S. 1156, the District of addition, the Senate may consider any EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF Columbia appropriations bill. other legislative or executive business MALDIVES. The PRESIDING OFFICER. Without that can be cleared for action. EDWARD S. WALKER, JR., OF MARYLAND, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF objection, it is so ordered. CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- f f DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO ISRAEL. PROGRAM ADJOURNMENT f Mr. FAIRCLOTH. Mr. President, to- Mr. FAIRCLOTH. Mr. President, I CONFIRMATIONS morrow the Senate will resume consid- now ask unanimous consent that the eration of S. 1156, the District of Co- Senate stand in adjournment under the Executive nominations confirmed by lumbia appropriations bill. Under the previous order. the Senate September 24, 1997: previous order, the Senate will debate There being no objection, the Senate, FEDERAL TRADE COMMISSION the Coats amendment, No. 1249, regard- at 7:10 p.m, adjourned until Thursday, SHEILA FOSTER ANTHONY, OF ARKANSAS, TO BE A ing school vouchers, from 12 noon until September 25, 1997 at 12 noon. FEDERAL TRADE COMMISSIONER FOR THE TERM OF 7 5 p.m. YEARS FROM SEPTEMBER 26, 1995. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO As a reminder, a cloture motion was f THE NOMINEE’S COMMITMENT TO RESPOND TO RE- filed this evening on the Coats amend- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ment with the cloture vote scheduled NOMINATIONS CONSTITUTED COMMITTEE OF THE SENATE. IN THE AIR FORCE to occur Tuesday, September 30, at 11 Executive nominations received by a.m., with the mandatory quorum THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT the Senate September 24, 1997: IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE under rule XXII being waived. Fol- ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- THE JUDICIARY lowing the debate tomorrow on the SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- ARTHUR J. TARNOW, OF MICHIGAN, TO BE U.S. DIS- TION 601, AND TO BE APPOINTED AS CHIEF OF STAFF, U.S. Coats amendment, the Senate will con- TRICT JUDGE FOR THE EASTERN DISTRICT OF MICHIGAN, AIR FORCE, UNDER THE PROVISIONS OF TITLE 10, tinue debating amendments to the D.C. VICE JULIAN A. COOK, JR., RETIRED. UNITED STATES CODE, SECTION 8033: GEORGE CARAM STEEH III, OF MICHIGAN, TO BE U.S. To be general appropriations bill. As Members are DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHI- aware, this is the last of the 13 appro- GAN, VICE BARBARA K. HACKETT, RETIRED. GEN. MICHAEL E. RYAN, 0000

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HONORING MILDRED HESS goes out to her grandchildren, Jane Daley, NO MORE MANDATORY SEX Gretchen Hess, Martin Hess, and Matthew TRAINING HON. JON D. FOX Fillman as well as her great-grandchildren OF PENNSYLVANIA Gordon, Rachael, Daniel, Alexia, Audrey, and HON. RON PACKARD IN THE HOUSE OF REPRESENTATIVES Samuel Fry and Rebecca Fillman and Ben- OF CALIFORNIA Tuesday, September 23, 1997 jamin Hess Daley. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am proud to rise today to Mr. FOX of Pennsylvania. Mr. Speaker, I Tuesday, September 23, 1997 honor this great woman but I do so with a rise today to honor, a long-time resident of Mr. PACKARD. Mr. Speaker, I was particu- Pennsylvania's 13th District who died recently heavy heart. For while Mildred led a long and larly pleased by passage of the Treasury-Post- at her home following a long illness. She was productive life, I know that there was still al operations spending bill this past week be- 87 years old. much she wanted to do. As she did with her cause of a provision I worked hard to include I've known Mildred Hess for many years own children, I know she wanted to share in in this legislation which will protect the rights and she was a remarkable woman, dedicated the joys and successes of her grandchildren of Federal employees. With the help of my to her family, her community, and her Nation. and great-grandchildren. colleague, ERNEST ISTOOK, who sits on this She was one of God's Angels on Earth who Montgomery County has lost a great subcommittee, we were able to attach lan- was known for her selfless spirit, positive out- woman, Mr. Speaker, a family woman, a guage to prohibit funding for nontechnical Fed- look and love for all. Mildred was a public mother and care-giver. While it is close to the eral employee training, including `How-To' ses- servant who committed herself to making life city of Philadelphia, Collegeville is still a small, sions on condom use, sex techniques, and the better for her neighbors. I will miss her very rural neighborhood of close-knit families. The proper way to clean needles in order to shoot- much and I share the grief felt by her entire entire community will feel this loss as will all up illicit drugs. family, especially her loving husband Clay, her of Montgomery County where she and Clay In 1995, I fought to deny funding for the friends and all the people of Montgomery have had such a strong influence over the Clinton administration's controversial agenda County, PA. years. to promote diversity through mandatory train- Mildred Hess was born on December 10, ing sessions. I have seen some of this training 1909, in Upper Providence Township, Mont- On a personal note, Mr. Speaker, I am and it is truly shocking. I worked to retain this gomery County. The daughter of the late Peter deeply saddened by this loss because I feel provision to ensure that Federal workers won't A. and Carrie Smith, Mildred Hess graduated as though I have lost a member of my own have to endure this training and taxpayers in 1927 from the former Collegeville High family. As I learned the lessons of public serv- won't have to pay for it. School and entered the Pottstown Homeo- ice under the guidance of her husband, Mil- Mr. Speaker, the training sponsored by the pathic Hospital School of Nursing where she dred Hess was always making me feel like administration goes far beyond employees' graduated in 1930. She worked briefly as a part of her family. I saw the love she and Clay professional responsibilities. It is inappropriate nurse before marrying Clay C. Hess on Feb- shared first-hand and it became just another for the Federal Government to use taxpayers' ruary 7, 1931. She and Clay lived their entire of the many lessons I learned from this out- money to subject Federal employees to this married life on his family's farm in Collegeville, standing and gracious couple. kind of social engineering. Our language PA. True to the historic nature of the commu- Mr. Speaker, the community of Collegeville, should put an end to this lunacy. nity in which she lived, Mildred liked to collect We should only fund those things vital to the the congregation of the Providence Church of antique plates, salt shakers, and glassware function of the Government. I think most hard- the Brethen, the people of Montgomery Coun- and she was very proud of her collection. working Americans would agree that training ty and her family will take Mildred to her rest Mildred Hess spent most of her life doing Federal employees to safely use drugs or the most important job I know, raising her fam- tomorrow, September 24. I regret that I can wear condoms in no way falls under that cat- ily and caring for her children. Occasionally, not be there to raise my voice in prayer along egory. I will work to ensure that this provision Mildred would assist her husband, Clay, as a with the rest of the community but my duties is retained in the conference report to the clerk in his auctioneering business. For Mil- as the Congressman from Pennsylvania's 13th Treasury-Postal Operations spending bill. I en- dred, her husband and family were her first Congressional District require my presence courage all of my colleagues to support this love, her vocation, her devotion, and her pri- here on Capitol Hill. But I know that Mildred language. mary responsibility. would remind me of my responsibilities and f Mildred Hess was a member of the Provi- my obligation to those I am proud to rep- dence Church of the Brethren in Upper Provi- resent, including her family. TRIBUTE TO CHARLES L. JOHNSON dence and a 60-year member of Keystone So, Mr. Speaker, I will stand here tomorrow, Grange #2 in Trappe. She was also a member in the halls of the people's House, gratefully HON. JAY W. JOHNSON of the Towne & County Council of Republican providing the representation to which the citi- OF WISCONSIN Women. zens of Pennsylvania's 13th Congressional IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, this woman of deep faith and District are guaranteed by the Constitution of family devotion suffered losses in her life and Tuesday, September 23, 1997 the United States. But my heart will be in overcame the grief to fulfill her duties to her Mr. JOHNSON of Wisconsin. Mr. Speaker, I Collegeville with Mildred and all those who family. She was preceded in death by her lov- rise today to pay tribute to a true community ing children, Clark F. Hess and Norma Hess loved her as I did. My prayers will be with my leader in the city of Green Bay, WI, Mr. Fillman but despite her sorrow, Mildred was friend and mentor, Clay Hess, and the rest of Charles L. Johnson. able to move on because of her devotion to Mildred's family. And my thoughts will be on In October, Chuck Johnson will begin his those who lived on and who needed her. This the lessons I learned in the Hess household well-deserved retirement after 34 years of loving woman is survived by her devoted hus- and the wisdom I gained from Mildred. This service to Procter & Gamble. He has served band, Clay, who I am proud to say has been great lady has left her imprint on everyone she as the director of product supply manufactur- a devoted friend and mentor to me for many knew. As Henry Wadsworth Longfellow said in ing at the Procter & Gamble Paper Products years. Other family members who I join to A Psalm of Life. ``The lives of the great remind Co. in Green Bay since 1990. Prior to arriving share in their grief are her daughter-in-law, us, we can make our lives sublime. And, de- in Green Bay, Chuck worked for the company Susan Hess and her son-in-law, Walter parting, leave behind us footprints on the sand in Kansas, Maryland, and Pennsylvania. Fillman. of time.'' Mildred Hess, Mr. Speaker, has left I have known Chuck for many years through Several generations have shared the love indelible footprints on the lives of many and I his leadership in the United Way of Brown and warmth of Mildred Hess and my heart am proud to have known her. County. His service to the community knows

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1832 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 no bounds. Chuck has also volunteered his and the ordinance establishing in house dem- consumer film and photographic paper. East- time for the Greater Green Bay Chamber of olition, were all projects conceived of and/or man Kodak Company has been routinely pre- Commerce, the local YMCA, St. Vincent's sponsored by Cleo Wesson. It was through vented from competing fairly in Japan by the Hospital, Downtown Green Bay, Inc., and the in house demolition ordinance that an un- Japanese Government, which has been pro- much more. sightly junk yard at 21st and Madison Street tecting Fuji film, the domestic film manufac- Under his direction, the Procter & Gamble was demolished, and in its place the Barbara turer. For over 30 years, the Japanese Gov- Co. in Green Bay has given hundreds of thou- Leek Wesson Community Center was erected. ernment has worked closely with Japanese sands of dollars to area charities and civic or- Other projects Cleo undertook include the re- business, using non-tariff barriers, unspoken ganizations. Those dollars do not even begin location of the No. 4 fire station to 25th and agreements, and implicit understandings to to indicate the hundreds of hours that Chuck Madison Street, the establishment of the Gary keep foreign competition out of the Japanese personally has given to the Green Bay com- Community Mental Health Facility, and the market. munity. founding of the Marina Committee and the This case has far-reaching and precedent- Somehow I suspect that Chuck's retirement Historical and Cultural Society. setting ramifications. Why? First, this case will actually just mean that we will see him Mr. Speaker, I ask you and my other distin- highlights the nature of our trade relationship more in the community. I am certain that he guished colleagues to join me in commending with Japan, where trade fairness has been a will remain active and committed, because Cleo Wesson on his receipt of the 1997 Meri- recurring concern. Japan is America's second that is who he is. torious Service Award. His numerous endeav- largest trade partner but maintains America's Everywhere that Chuck has lived, he has ors in the field of public service have left an largest trade deficit, which is 43 percent of our reached out and given his time and effort to indelible mark on the city of Gary, as well as total trade deficit. Second, this case centers help others. He deserves our praise today be- Indiana's First Congressional District. around the future of the WTO as an effective cause of the difference he has made in the f forum to settle international trade conflicts. lives of those around him. Today, we thank The ramifications of the photographic film Chuck Johnson for all of the hard work he has TRIBUTE TO THE EUREKA RESCUE MISSION and paper case before the WTO are immense. done, we congratulate him on his many At stake is the future of free and open market achievements and we wish him great luck in access not just for film, but, for all companies the years ahead. HON. FRANK RIGGS looking to trade with Japan. I urge the admin- f OF CALIFORNIA istration to press the WTO to bring this com- CONGRATULATIONS TO GARY CITY IN THE HOUSE OF REPRESENTATIVES plaint to a conclusion. COUNCILMAN CLEO WESSON Tuesday, September 23, 1997 f Mr. RIGGS. Mr. Speaker, I rise today to HON. PETER J. VISCLOSKY honor the Eureka Rescue Mission and Family PERSONAL EXPLANATION OF INDIANA Shelter on its 13th anniversary. Located in IN THE HOUSE OF REPRESENTATIVES Humboldt County on California's north coast, which I am privileged to represent in Con- HON. JAMES L. OBERSTAR Tuesday, September 23, 1997 gress, the mission is a model of faith-based OF MINNESOTA Mr. VISCLOSKY. Mr. Speaker, it is my dis- community service. IN THE HOUSE OF REPRESENTATIVES tinct honor to congratulate a long-time friend The Eureka Rescue Mission was founded of mine, Gary City Councilman Cleo Wesson, as a nondenominational Christian organization Tuesday, September 23, 1997 on his receipt of the Indiana Association of serving the homeless, needy, and poor of the Mr. OBERSTAR. Mr. Speaker, last week, Cities and Towns [IACT], 1997 Meritorious city of Eureka and all of California's north when the House of Representatives consid- Service Award. Cleo will receive this honor to- coast. The mission, formerly the old Bay ered H.R. 2378, the fiscal year 1998 Treasury- morrow, September 24, at the IACT annual Hotel, was purchased for $11,000 in 1967 and Postal-General Government appropriations bill; conference, which is being held at the Fort dedicated to the Lord on February 27th of that House Resolution 168, the House Ethics Re- Wayne Hilton in Fort Wayne, IN. year. form recommendations; and House Resolution The Meritorious Service Award is presented All the years since, the Eureka Rescue Mis- 233, a resolution concerning the House floor by AICT to Indiana public figures who have sion has provided help, food, shelter, counsel- privileges of former House Member Robert devoted 40 years or more of noteworthy serving, and hope to those in need. Poor families Dornan, my vote was not recorded. ice to their communities. Cleo Wesson, who and individuals find food, clothing, and shelter; has displayed outstanding leadership qualities those suffering from addiction find counseling On approval of H.R. 2378, I was unavoid- as a Gary City Councilmember for 38 years, and recovery programs; those who have stum- ably detained in a meeting with constituents has been selected as one of two people in the bled and need guidance find instruction and and the following day, I was in Minnesota to State of Indiana to receive the Meritorious support. care for my mother who had suffered a seri- Service Award, an honor which is in its first I wish the Eureka Rescue Mission every ous heart attack. year of existence. success in the years to come as they look to Had I been present, I would have voted Cleo began his distinguished career of serv- expand their good works and extend their `àye'' on H.R. 2378, rollcall No. 403; I would ice when he enlisted in the U.S. Air Force helping hand even farther. The dedicated and have voted ``nay'' on the motion to adjourn, upon his graduation from Gary Roosevelt High hard-working people who make the mission rollcall No. 405; I would have voted `àye'' on School. After his return from the military, Cleo work, while taking no government money, pro- the approval of the House Journal, rollcall, No. began his political career when he was elect- vide a rich example to us all. They represent 406; I would have vote ``nay'' on the previous ed to the Gary Common Council in 1959. As the full measure of Christian charity. question on House Resolution 168, rollcall No. the representative of Gary's Fifth District, Cleo f 407; I would have voted `àye'' on the Living- has served in a variety of roles, including Pre- ston amendment to House Resolution 168, cinct and Vice Committeeman, and 7-year MAINTAINING TRADE FAIRNESS rollcall No. 408; I would have voted ``nay'' on president of the Common Council. He has the Murtha amendment to House Resolution served on every council committee, been HON. MARCY KAPTUR 168, rollcall No. 409; I would have voted ``nay'' elected delegate to the State Democratic Con- OF OHIO on the Tauzin amendment to House Resolu- vention, and has served as Secretary to the IN THE HOUSE OF REPRESENTATIVES tion 168, rollcall No. 410; I would have voted Lake County Democratic Central Committee ``nay'' on the Bunning amendment to House for a number of years. In recognition of his Tuesday, September 23, 1997 Resolution 168, rollcall No. 411; I would have years of service, Cleo earned the title ``Dean Ms. KAPTUR. Mr. Speaker, I rise to discuss voted `àye'' on the Cardin motion to recommit of the Gary Common Council'' on May 16 of the importance of maintaining trade fairness House Resolution 168, rollcall No. 412; I this year. and how that fairness has been restricted in would have voted ``nay'' on final passage of During his tenure as councilman, Cleo has our trade relations with Japan. House Resolution 168, rollcall No. 413; I worked tirelessly toward the betterment of the Some of you may know about the market would have voted ``nay'' on the Stearns motion entire City of Gary. The construction of three access case the United States Government to table House Resolution 233, rollcall No. neighborhood parks in the Fifth District, the ef- filed against the Government of Japan before 414; and I would voted `àye'' on House Reso- fective restructuring of the police department, the World Trade Organization concerning lution 233, rollcall No. 415. September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1833 THE 85TH ANNIVERSARY OF ST. Since its founding, St. Joseph the Worker In 2002, 2 million families will be thrown into JOSEPH THE WORKER CROATIAN has continued to celebrate its Croatian herit- the AMT because of the family credit alone. CATHOLIC CHURCH age as an integral part of parish religious and For example: social life. Over the years, ties to Croatia were A single mother with two children in daycare HON. PETER J. VISCLOSKY maintained with the dedicated service of Cro- with $51,400 in gross income would lose all of OF INDIANA atian-born pastors, the preservation of masses her child credit plus $141 of her dependent IN THE HOUSE OF REPRESENTATIVES in the Croatian language, and a concern for care credit in the year 2000 because she gets thrown into the AMT. Tuesday, September 23, 1997 events transpiring in the homeland. With the disintegration of the former Yugoslavia, St. Jo- A two-parent family with three children, in- Mr. VISCLOSKY. Mr. Speaker, it is my great seph the Worker parishioners eagerly joined cluding one college freshman and $67,000 in pleasure to congratulate St. Joseph the Work- Croatians throughout the world in providing gross income would lose $1,477 of their er Croatian Catholic Church in Gary, IN, as it humanitarian aid to victims of the war-torn re- $2,500 combined family and HOPE scholar- celebrates its 85th anniversary as a parish this gion. In the early 1990's, the parish celebrated ship credit because they get thrown into the Sunday, September 28, 1997. I would also like both the recognition of Croatia as an inde- AMT. to take this opportunity to congratulate Father pendent nation and the visit of Cardinal Franjo A two-parent family with two children in col- Benedict J. Benakovic, parish pastor, on this Kuharic, Archbishop of Zagreb. The founding lege and $64,100 in income would lose $723 special occasion. The 85th anniversary festivi- of such social organizations as the Croatian of their Hope scholarship credit because they ties will begin with a Mass of Thanksgiving at Catholic Union and the American Croatians get thrown into the AMT. 11 a.m. at the church, celebrated by the Most United also contributed to the preservation of This simply makes no sense. Therefore, Reverend Dale J. Melczek, Bishop of Gary. the Croatian heritage in the Gary community. today I am introducing legislation which would After the service, a banquet will be held at the Through the dedication of St. Joseph parish- make nonrefundable personal credits, includ- Croatian Center in Merrillville, IN. ioners, these organizations sponsored numer- ing the dependent care, child and education I would also like to commend the members ous festivals and projects, which have served credits, creditable and the standard deduction of the St. Joseph the Worker Parish Council to introduce traditional Croatian food, music, and personal exemptions deductible for AMT for the work they have put forth in the plan- and customs to future generations. purposes. ning of this momentous event. Members of the Mr. Speaker, I ask you and my other distin- The AMT was meant to assure that sophisti- 1997 parish council include: Fred Benich, guished colleagues to join me in congratulat- cated taxpayers couldn't zero out their taxes. John Benich, Frank Bestich, Peter Bianco, ing the St. Joseph the Worker parish on the It was never intended that your children would Francis X. Coman, Mary Coman, Charles 85th anniversary of its founding. As someone throw you into the AMT. I would urge my col- Doherty, Antoinette Dorochoff, George Flores, of Croatian descent, I commend the leader- leagues to support this important piece of leg- Irene Flores, Charlene Gyurko, Mary Horan, ship that past and present parishioners and islation and keep our promises to the Amer- Patricia Howorth, Sophia Kruzic, Jasmine clergy have displayed in preserving their eth- ican people. Kuyachich, Mary Mandly, Richard Mandly, Ann nicity while faithfully fulfilling the ideals of their f C. Marlow, Marta McCobb, Karl Metz, Marie Catholic religion. I wish St. Joseph the Worker AMERICA RECYCLES DAY Michalak, Marian Nicksich, Peter Podnar, Ann parish continued prosperity and many bless- Wozniak, Charles Yelusich, and Paul Yurkas. ings for a bright future. The founding of St. Joseph the Worker Cro- HON. SAM FARR atian Catholic Church began in 1906 with the f OF CALIFORNIA arrival of Croatian immigrants to the growing IN THE HOUSE OF REPRESENTATIVES city of Gary, IN. A mixture of small business ON INTRODUCTION OF LEGISLA- Tuesday, September 23, 1997 TION TO MAKE NONREFUNDABLE owners and steel workers, the immigrants im- Mr. FARR of California. Mr. Speaker, today PERSONAL CREDITS CRED- mediately experienced prejudices and a lan- I am introducing legislation that would express ITABLE AND THE STANDARD DE- guage barrier. To foster a sense of belonging the sense of the House that the country ought DUCTION AND THE DEDUCTION and community, they colonized and sought a to give itself a pat on the back for its progress FOR PERSONAL EXEMPTIONS DE- parish of their own, where the church services in recycling. I am joined in this effort by Mr. DUCTIBLE FOR AMT PURPOSES would be spoken in their native language. PORTER, Mr. GEJDENSON, and Mr. GILCHREST With a large donation from the Gary Land Co., and I am proud to have them as partners in a Croatian Catholic church, called Holy Trinity, HON. BARBARA B. KENNELLY this worthy effort. was built in 1913. OF CONNECTICUT This resolution would suggest that the Holy Trinity Church, which would later be IN THE HOUSE OF REPRESENTATIVES House believes it appropriate that a national named St. Joseph the Worker, prospered over Tuesday, September 23, 1997 celebration of America Recycles Day be des- the years with the hard work of its clergy and ignated. This would be a day to celebrate the parishioners. Shortly after the church's found- Mrs. KENNELLY of Connecticut. Mr. Speak- progress the country has made in establishing ing, Rev. Charles Jesih of Croatia began St. er, today I am introducing legislation to make and integrating recycling programs in each Joseph's expansion when he founded a paro- good on a promise we made the American state, in hundreds of cities, in thousands of chial school for the education of the parish's people. The recently enacted Taxpayer Relief communities. youth. In 1919, a three-room school opened in Act of 1997 promised American families both Whether it be the simple act of depositing the church hall, and, in 1921, a convent was an education and a family credit. Unfortunately an old Coke can in an aluminum recycling bin, completed to accommodate the nuns who for many American families these credits will or meticulously separating brown glass from taught at the school. With the onset of the De- turn out to be phantom credits. green glass from clear glass and hauling them pression, the parish encountered problems of Many average families will be thrown into all down to the city recycling center, it is clear debt and the relocation of parishioners to the the alternative minimum tax [AMT] simply be- that Americans have learned that recycling is Glen Park area of Gary. By the 1940's, it had cause they take advantage of the new child a valuable means of conserving resources, become apparent that the church would need and education credits. This happens because saving money, and keeping our environment to relocate, and in spite of the debt incurred individuals pay the greater of regular tax re- clean. during the Depression, construction of a new duced by nonrefundable credits or the AMT When you look at the trash that we gen- church, school, and convent was completed in not reduced by refundable credits. And be- erate in a year's timeÐ208 million tons 1945. As the parish continued to grow, it was cause both the family and the education credit worthÐit is clear that it is incumbent on us to determined in 1950 that an even larger church are added back for purposes of the AMT, fam- use less, recycle more and find new ways of would be needed to accommodate new pa- ilies with children are more likely to be thrown managing our finite resources. The numerous rishioners of different nationalities. Under the into the AMT simply by using these credits. In recycling programs throughout the country are leadership of Father Venceslav Ardas, funds the case of families with three or more chil- dedicated to this cause and each person who were secured from individual parishioners and dren young enough to be eligible for the family recycles ought to be commended for their church organizations for the construction of credit, the bill permits the family credit against dedication to a cleaner, safer environment. what would become a beautiful Romanesque the employee share of FICA so that the mini- The resolution I introduce today with my col- style church. The church was completed in mum tax is no longer a problem for those fam- leagues will hopefully be a catalyst for more 1956, and consecrated St. Joseph the Worker ilies. However, it will be an unpleasant sur- Americans to recycle and continue this posi- in May of that year. prise for many others. tive and simple means to a better future. E1834 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 Mr. Speaker, I ask unanimous consent that ers raise their prices, withdraw products from modern student aid system which is easy for the text of the resolution be printed following the market, discontinue product research, and students and parents to use; and an efficient my remarks. reduce their work force. The total cost of litiga- and less expensive system that ensures that H. RES. — tion in the United States is estimated to be ap- taxpayer funds are being well spent. Whereas the people of the United States proximately $150 billion per year, substantially Unfortunately, today, under the current sys- higher than any other country and 21¤2 times generate approximately 208,000,000 tons of tem, taxpayers are paying more and students the international average. While it is important municipal solid waste each year, or 4.3 are getting less. The Department of Edu- to protect those who are truly victims, we must pounds per person per day; cation's budget for information systems has tri- Whereas the average office worker in the reform our system to prevent frivolous law- pled over the last 5 years. Next year alone it United States generates between 120 and 150 suits. pounds of recoverable white office paper a Republicans in the 104th Congress worked will spend over $300 million on systems con- year; hard for meaningful reform of our Nation's tracts to deliver student aid. Yet despite these Whereas the Environmental Protection significant expenditures, the current system is Agency recently estimated that the recy- legal system, and over the President's veto we enacted legislation protecting employers from still wrapped in miles of redtape, requires doz- cling rate in the United States has reached ens of paper forms, and suffers from needless 27 percent of the solid waste stream; abusive strike suits brought by the securities Whereas making products from recycled bar. Unfortunately, our efforts with broader- processing delays and breakdowns. materials allows the people of the United based legislation intended to end lawsuit- Mr. Speaker, I believe that there is a better States to get the most use of every tree, abuse, restore fairness to the legal system, way for the Department of Education to do every gallon of oil, every pound of mineral, and ensure that real victimsÐnot greedy law- business. In fact, under the legislation that I every drop of water, and every kilowatt of yersÐare fairly compensated was vetoed by energy that goes into the products they buy; am proposing today, the Department's student Whereas manufacturing from recycled ma- President Clinton at the urging of trial lawyers. financial aid systems would be run more like terials creates less waste and fewer emis- Despite this setback, I will continue to work a businessÐadopting the best practices from sions; hard with my colleagues in Congress and with the private sector and focusing on bottom line Whereas recycling saves energy, reducing organizations like OCALA to pass bipartisan, results. the need to deplete nonrenewable energy re- commonsense legislation that will end lawsuit sources; abuse and protect American consumers and This legislation would establish a business- Whereas it is estimated that 9 jobs are cre- workers. like performance based organization to man- ated for every 15,000 tons of solid waste recy- While OCALA has thousands of supporters age the computer systems thereby ensuring cled into new products; that the Department of Education is not wast- Whereas recycling is completed only when in the State of Ohio, I would like to take the opportunity to recognize some individuals who ing money due to poor contract management. recovered materials are returned to retailers The Chief Operating Officer hired to manage as new products and are purchased by con- have given countless hours to advance the sumers; need for ending lawsuit abuse. They are Dana this organization will be charged with: Simplify- Whereas buying recycled products con- Smith, executive director of OCALA, Jackie ing the process of applying for financial aid for serves resources and energy, reduces waste Fox, chairwomen, Dr Claire Wolfe, Dr. David students and their families; and integrating and pollution, and creates jobs; Rummel, Gerald Miller, Ken Blair, Jr., James student financial aid systems to improve effi- Whereas more than 4,500 recycled products Martin, Oron Elliott, Jack Koester, and Peter ciency, save money, and prevent fraud and are now available to consumers; abuse in the programs. Whereas the United States has a two-way, Beck, each directors and supporters of the use and reuse system of recycling and buying continual efforts of OCALA. According to the GAO, the Department of recyclables; and Mr. Speaker, I would like to commend all of Education has failed to resolve its longstand- Whereas Americans support recycling, but the individuals who are involved in Ohio Citi- ing management problems in the Office of need a regular reminder of the importance of zens Against Lawsuit Abuse for their dedica- Postsecondary Education, its data quality and buying recycled content products, the avail- tion to this important endeavor. Ohio and the management controls are inadequate, and its ability of recycled content products, and how country as a whole need organizations like to recycle: Now, therefore, be it financial statements for the student loan pro- OCALA which will continue to fight against grams cannot be audited. A customer-focused, Resolved, That— lawsuit abuse and for legal reform that is fair (1) it is the sense of the House of Rep- performance-based organization within the De- resentatives that November 15, 1997, and No- to all American citizens. partment, run by an experienced Chief Operat- vember 15, 1998, should each be designated as f ing Officer, can take the steps necessary to ‘‘America Recycles Day’’; and properly reengineer the current systems and (2) the House of Representatives requests INTRODUCING THE 21ST CENTURY that the President issue a proclamation call- STUDENT FINANCIAL AID SYS- contracts. In fact, the Department's own in- ing on the people of the United States to ob- TEM IMPROVEMENT ACT OF 1997 spector general and the Independent Advisory serve each America Recycles Day with ap- Committee on Student Financial Assistance propriate ceremonies and activities. HON. HOWARD P. ‘‘BUCK’’ McKEON have both advocated this approach. It is also consistent with the recommendation to fun- f OF CALIFORNIA damentally restructure the routine processing IN THE HOUSE OF REPRESENTATIVES OHIO LAWSUIT ABUSE of Federal student aid to take advantage of AWARENESS WEEK Wednesday, September 24, 1997 the best private sector practices. which was Mr. MCKEON. Mr. Speaker, I rise today to put forth to the subcommittee by the American HON. JOHN A. BOEHNER introduce the 21st Century Student Financial Council on Education and 22 higher education OF OHIO Aid System Improvement Act. associations in their recommendations for their IN THE HOUSE OF REPRESENTATIVES This month the class of 2001, the first class reauthorization of the Higher Education Act. of students to graduate in the new millennium, Wednesday, September 24, 1997 This legislation would also require the Sec- entered college. These students are preparing retary to work cooperatively with the higher Mr. BOEHNER. Mr. Speaker, the week of for the challenges of the information age. Un- education community to adopt common and September 22±27, 1997, has been recognized fortunately the system to help them finance open electronic data standards for key ele- in my home State as Ohio Lawsuit Abuse their education is not measuring up to the ments in the delivery system such as digital Awareness Week. Ohio Citizens Against Law- same challenges. signatures, personal identification numbers, suit Abuse [OCALA] has worked tirelessly over As chairman of the subcommittee with juris- and single institutional identifiers. By adopting the last few years to help reform our legal sys- diction over Federal higher education policy, I tem. Citizens across the State of Ohio have am responsible for the programs which pro- these common standards, we can make great organized behind OCALA to fight the problems vide Federal assistance in obtaining a higher strides in simplification by eliminating paper of lawsuit abuse. Almost everyone agrees that education. I am pleased that the ranking mi- forms, and unnecessary steps in the current America has become an overly litigious soci- nority member of that subcommittee, Mr. process. ety. In the Federal courts alone, the number of KILDEE has joined me as an original cosponsor Students and their families deserve a mod- lawsuits filed each year has tripled in the last of this legislation. We have listened to stu- ern student aid system that meets their needs. 30 years to more than 260,000 cases per dents, parents, and college officials, with I urge my colleagues to join Mr. KILDEE and year. This dramatic growth in litigation carries whom we share the goals ofÐa simple and me in this effort, and to cosponsor this impor- high costs for the U.S. economy: manufactur- less bureaucratic system of student aid; a tant legislation. September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1835 TRIBUTE TO THE JOLIET respected institutions in the region. I am workers, and consumers. The agreements AMERICAN LEGION BAND pleased that Cabrini College is receiving the made as a result of fast track will expand our national recognition and respect that it has markets far beyond our shorelines to other na- HON. JERRY WELLER earned many times over. tions who desire high quality, American-made OF ILLINOIS I ask my colleagues to join me today in rec- products. Exporting companies offer workers IN THE HOUSE OF REPRESENTATIVES ognizing this significant accomplishment of jobs, which provide better pay and better ben- Cabrini College and thanking the John efits. Consumers have a larger variety of prod- Wednesday, September 24, 1997 Templeton Foundation for its promotion of ucts to choose from at more competitive costs. Mr. WELLER. Mr. Speaker, I rise today to character-building colleges like Cabrini. In the past, fast track has been derailed by honor the Joliet American Legion Band for f special interests, who lack the foresight to see winning its 36th national title at the American that the general interest of our Nation will ben- Legion Senior Band Contest in Orlando, FL. DURYEA FARM IN MONSEY, NY TO efit from free and open tradeÐa status that The Joliet American Legion Band was CONTINUE SERVING COMMUNITY can be greatly assisted by extending tradi- formed 51 years ago. Since that time, it has tional trading authority to this administration. grown to 85 members from Joliet and the sur- HON. BENJAMIN A. GILMAN The following article, which was printed in the rounding areas. The band boasts a wide vari- OF NEW YORK Wall Street Journal, on September 12, 1997, ety of musicians, ranging in age from 16 to 60 IN THE HOUSE OF REPRESENTATIVES highlights the need to pass fast track to main- and older. Directed by Tom Drake, the Joliet Wednesday, September 24, 1997 tain our Nation's role in the international mar- American Legion Band is proudly sponsored ketplace. If it is not passed, special interests by American Legion Post No. 1284. Mr. GILMAN. Mr. Speaker, it is with great will in the end realize that their selfish motiva- All members of the band are volunteers who pleasure that I am able to report the preserva- tions cause more harm than good. I hope my donate significant practice and performance tion of a much needed and valued property in colleagues consider the points made in this ar- time for the benefit of the community. Band my congressional district in Monsey, NY. Ear- ticle and support legislation to extend fast- members delight listeners by marching in pa- lier this year the Duryea Farm was purchased track trading authority to the administration. by the Rudolf Steiner Fellowship Foundation, rades and playing for a variety of community [From the Wall Street Journal, Sept. 12, events. The Joliet American Legion Band also Inc., which has announced that the farm will 1997] retain its agricultural character. This is truly an offers several free public concerts throughout U.S. EXPORTERS TO LATIN AMERICA NEED event to be lauded. the year for the enjoyment of all persons in FAST-TRACK On September 28, 1997, the Duryea Farm the community. (By Robert Mosbacher) Since its formation, the Joliet American Le- will be rededicated to the service of the people of Rockland County. One of the few remaining When President George Bush unveiled his gion Band has merited many accolades and Enterprise of the Americas Initiative in the awards. It has won 36 national titles, along farms in Rockland, it will become the county's early 1990s, many thought the emergent free with 41 State crowns. Their latest victory is a only organic farm. This step is noteworthy, trade bloc would develop according to a great source of pride for the Joliet community. marking the heritage of Rockland County, a ‘‘hub-and-spoke’’ model. As the ‘‘hub’’ of Not only has the Joliet American Legion Band place where orchards and barns were once hemispheric trade, the U.S. would form a se- been recognized for its excellence by other the norm and not the exception. ries of inter-locking bilateral free trade American Legions across the Nation, but also In addition to reclaiming this fading period of agreements with the ‘‘spoke’’ nations of received a gold medal in 1985 at the Inter- history, the Duryea Farm will house the Latin America and the Caribbean until these agreements could be melded into a single national Music Festival in Toronto, Canada. Jessup Learning Center, named in honor of two longtime area educators. The learning free trade accord. That vision is slipping I urge this body to identify and recognize away. other volunteer organizations in their commu- center will focus on farm life through story- President Clinton promised Wednesday to nities whose actions have so greatly benefited telling, photographs, and equipment owned by put trade expansion back on the front-burn- and enlightened America's citizens. the Duryea family. Educational programs er. He plans to ask Congress to renew fast- f through the Cooperative Extension will also be track legislation, which would authorize the offered. The combination of education and president to negotiate international trade RECOGNIZING CABRINI COLLEGE farming represents an admirable and worth- agreements on which Congress would vote up FOR EXCELLENCE IN EDUCATION while venture on the behalf of the Rudolf or down. If he fails to secure fast-track au- Steiner Fellowship Foundation, Inc., and the thority, however, the U.S. will be relegated to ‘‘spoke’’ status in the emerging hemi- HON. CURT WELDON people of Rockland County. spheric trading order, leaving many U.S. OF PENNSYLVANIA Saving this valuable parcel of land from the businesses at a disadvantage. Furthermore, IN THE HOUSE OF REPRESENTATIVES bulldozers of developers and giving it back to fast-track authority should be clean—that the community is a worthy gesture of goodwill. is, it must not be weighted down with re- Wednesday, September 24, 1997 I ask my colleagues to join me in welcoming quirements that trade agreements also man- Mr. WELDON of Pennsylvania. Mr. Speaker, a bright future for the Duryea Farm. date environmental and labor regulations. I rise to pay tribute to Cabrini College in f Since the promising 1994 Miami summit, Radnor, PA which has the distinguished honor when the proposed trade initiative was re- of being named today to the John Templeton ON TRACK WITH OUR NATION’S named the Free Trade Area of the Americas, INTERESTS the U.S. has withdrawn from its leadership Foundation's 1997±98 Honor Roll for Char- role on liberalized trade. Instead, inter-lock- acter-Building Colleges. ing trade relationships have been forming One of only 134 colleges nationwide se- HON. PHILIP M. CRANE around the southern cone customs union— lected for this honor, Cabrini deserves rec- OF ILLINOIS Mercosur—comprising Brazil, Argentina, ognition for its dedication to emphasizing char- IN THE HOUSE OF REPRESENTATIVES Uruguay and Paraguay. acter building as an integral part of student Last year, while Washington dithered, life. Cabrini College's commitment to character Wednesday, September 24, 1997 Mercosur took decisive action, offering Chile building is reflected by the school's inclusion Mr. CRANE. Mr. Speaker, recently, several and Bolivia associate membership. This created a market of 220 million potential con- of community service in its student curriculum. Members of Congress, including myself, met sumers with a combined gross domestic prod- Other aspects of Cabrini College that con- with the administration to discuss fast-track uct of about $1 trillion—more than twice the tributed to its being named to the John trading authority soon to be offered in the economic output of Asean, the Association of Templeton Foundation's Honor Roll include House for consideration. This legislation Southeast Asian Nations. the school's emphasis on developing and grants the administration authority to negotiate This year, while still waiting for the presi- strengthening of its students moral reasoning and implement trade agreements with other dent to lead on fast-track, Mercosur is plan- skills, its encouragement of spiritual growth nations, which Congress would either support ning free trade talks with Colombia, Ven- and moral values, and its promotion of char- or vote down unamended. It is my opinion that ezuela, Ecuador and Peru. Mercosur might soon realize its goal of establishing a South acter-building programs and activities. this authority is a necessary step toward the America Free Trade Area, which could serve A private, Catholic college located in the President's goal of having hemispheric free as a counterweight to Nafta, the North suburbs of Philadelphia, Cabrini College's fac- trade by the year 2005. More importantly, fast American Free Trade Agreement, in hemi- ulty-student interaction, beautiful campus, and track is a necessary step to strengthen the spheric free trade talks. Mercosur has al- excellent curriculum make it one of the most U.S. economy at homeÐhelping producers, ready been approached by the European E1836 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 Union about a free trade alliance and will raised political consciousness and contrib- campaigning to have the IND routed through also soon begin free trade talks with Mexico, uted to the July 6 electoral shakeup that the East Side, and initiating discussions for an Canada and the Central American Common ended 70 years of political dominance by the East River Drive. Market. Institutional Revolutionary Party. One of the consequences of Mercosur’s ex- An activist American trade policy made The East Side Chamber of Commerce in pansion and the American retrenchment is possible by fast-track negotiating authority 1997, under the leadership of president Jo- that the U.S. is losing leverage in hemi- will keep the U.S. economy strong and guar- seph Greene and chairman of the board of di- spheric free trade talks. While official nego- antee that future generations enjoy rising rectors, Sidney Baumgarten, is involved in tiations are not scheduled to begin until living standards. That said, the importance many of the issues that affect East Siders: 1998, the failure of the U.S. to secure fast- of fast-track transcends economic issues. As sanitation, rent control, bridge reconstruction, track leaves open the distinct possibility Rep. Lee Hamilton (D., Ind.) recently said, housing, crime prevention, education, and that the agenda and timetable for these ‘‘Fast-track is not just about trade, it is talks will be dominated by other countries. much more. about U.S. leadership and influence in the Mr. Speaker, I ask that my colleagues rise Lack of fast-track is also hurting U.S. world. And a president without fast-track is companies seeking access to the region’s dy- a president without power to promote U.S. with me in this tribute to the East Side Cham- namic consumer markets. American wine interests abroad.’’ We ignore this reality at ber of Commerce as it celebrates its 70th an- producers are losing market share in Ven- our own peril. niversary. Their formidable record of achieve- ezuela to Chilean producers, not because f ment in bettering the East Side has made it a Venezuelans prefer Chilean Merlot to Napa better place to live and work. I am proud to Valley Cabernet Sauvignon, but because PERSONAL EXPLANATION have an important and respected organization Chile has a free trade agreement with Ven- ezuela that allows its wines to enter the in my district. country tariff free. American wines, by con- HON. PORTER J. GOSS f trast, carry a hefty 20% duty. If the duty OF FLORIDA INTRODUCING THE EMERGENCY were to be eliminated, industry experts be- IN THE HOUSE OF REPRESENTATIVES lieve that U.S. wine producers could see STUDENT LOAN CONSOLIDATION their share of the Venezuelan market jump Wednesday, September 24, 1997 ACT OF 1997 from the current 5% to well over 30%. Mr. GOSS. Mr. Speaker, on rollcall Nos. While California wine producers cannot pull up their vines and move to more hos- 402±415, I was unable to record my votes be- HON. HOWARD P. ‘‘BUCK’’ McKEON pitable commercial climates, other indus- cause I was called away on a family emer- OF CALIFORNIA tries are less restricted. Caterpillar Inc., gency. Had I been present, I would have IN THE HOUSE OF REPRESENTATIVES based in Peoria, Ill., recently announced voted ``yea'' on rollcall Nos. 415, 413, 411, Wednesday, September 24, 1997 plans to produce bulldozers, excavators and 410, 409, 408, 407, and 406, and ``nay'' on off-road trucks in Brazil for export to Chile. rollcall Nos. 414, 412, and 405. Mr. MCKEON. Mr. Speaker, I rise today to The decision to build the equipment on for- f introduce the Emergency Student Loan Con- eign rather than U.S. soil was based on tariff solidation Act of 1997. considerations. U.S. exports to Chile face an IN HONOR OF THE 70TH ANNIVER- Let me begin by saying that we must re- average 11% tariff, while tariffs on Brazilian SARY OF THE EAST SIDE CHAM- member that everything we do in higher edu- exports are being phased out under BER OF COMMERCE cation has an impact on students, and the De- Mercosur. Other companies that may follow Caterpillar’s lead include General Electric partment of Education's management prob- and Eastman Kodak. HON. CAROLYN B. MALONEY lems are no different. It is no secret that I Several major U.S.-based multinationals OF NEW YORK have had serious doubts about the long-term with joint ventures in Chile—including IBM, IN THE HOUSE OF REPRESENTATIVES viability of the Direct Student Loan Program. Southwestern Bell and McDonald’s—have an- Today we face a crisis in direct loan consoli- nounced plans to source millions of dollars Wednesday, September 24, 1997 dation which only serves to heighten those in equipment in Canada and Mexico rather Mrs. MALONEY of New York. Mr. Speaker, concerns. than in the U.S. The reason, again, is that Canada and Mexico have bilateral free trade I rise today to pay a respectful tribute to the However, this is not about direct loans or accords with Chile that permit their goods to East Side Chamber of Commerce on the 70th guaranteed loans or which program is better. enter the South American country tariff- anniversary of its founding. The chamber has This is about students. This is about students free, while U.S. goods face prohibitive duties. had a remarkable and honorable history of who are currently unable to consolidate their According to the U.S. Chamber of Commerce, serving the residents and businesses of the direct loans. This is about student loan bor- the loss of opportunity for U.S. exports to East Side of Manhattan for most of this cen- rowers who may pay hundreds or even thou- Chile is $480 million a year and climbing. tury. sands of dollars in additional interest costs, Those who question the need for deeper who may have serious difficulty in securing economic integration should consider the The chamber was born in 1927 when it benefits of Nafta. Notwithstanding the 1994 fought, almost single-handedly, to have a sus- other credit such as a mortgage, and who may peso devaluation—which halved the price of pended trolley service reinstated to the Upper even default on the student loans if we do not Mexico’s exports to the U.S.—U.S. exports to East Side. The chamber's successful 2-year act now to fix this problem. Mexico and Canada have grown 34% since the battle to save the trolley service was only the At this very moment, the contractor hired by pact took effect in 1994. They now outstrip beginning of a long history of service for the the Department of Education to perform direct total U.S. exports to either the Pacific Rim East Side. student loan consolidations is facing a backlog or Europe. The chamber also encouraged and took an of 84,000 applications. This is clearly unac- According to a Council of the Americas study of 21 U.S. states, nine states have wit- active role in the development of housing ceptable. The number of students affected is nessed 40% plus growth in exports to Mexico projects like the Peter Stuyvesant Apartments, actually much higher than this, since the De- and Canada since 1993 and another seven Ageloff Towers, and the Nation's first public partment of Education has now stopped ac- have seen those export markets grow by housing venture, the First Houses at Avenue cepting new applications for direct consolida- more than 30% during that time. In 1996, A and 3d Street. tion loans until this backlog is cleared. The California exported to Mexico more than $9 East Side businesses benefited from the Department hopes to accomplish this feat by billion in goods and services. The California chamber's efforts as well. One successful December 1. However, to do that the contrac- World Trade Commission estimates that ex- campaign the chamber waged was the battle tor will have to quadruple the rate at which it ports to Mexico support more than 125,000 jobs in the Golden State, with almost 25,000 against push-cart markets which were rapidly is processing applications, and I have serious of these jobs resulting from export growth in congesting the Lower East Side and posing a doubts as to whether this can be accom- 1995 alone. threat to the area's businesses. The cham- plished. Nafta has also helped promote U.S. inter- ber's proposed alternative, the Essex Street The legislation we are introducing today will ests in Mexico by helping stabilize the coun- Retail Market, was an indoor market that suc- fix this problem for students now, in the short try in the aftermath of the peso crisis. After cessfully kept push-cart vendors in business, term, rather than making borrowers wait Mexico’s 1982 peso devaluation, it took seven but off the streets. months for the Department and its contractor years before the country showed signs of recovery. By contrast, Mexico’s economy Over the past 70 years, the chamber made to straighten things out. Currently, the Higher touched bottom and began to turn around numerous transportation improvements to the Education Act of 1965 prohibits direct student less than 12 months after the December 1994 East Side to facilitate access. The chamber loan borrowers from consolidating their direct devaluation. There is also little doubt that played an active role in widening East Side student loans into FFEL loans through private the climate of openness fostered by Nafta streets, providing adequate subways, such as lenders and servicers. Even if borrowers could September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1837 consolidate their direct loans into the FFEL In 1972, U.S. Senators Jacob Javits, New great grandmother of three. Although Marie of- Program, few would because in most cases York State Attorney General Robert Abrams, ficially retired in 1982 from her job, manager they would pay a higher interest rate, and and six major banks joined together to estab- of Northern California Credit Bureaus, she cer- would lose their deferment benefits on any lish the South Bronx Overall Economic Devel- tainly has not stopped working. Currently, she subsidized loans which were consolidated. opment Corp. [SOBRO]. The corporation was is a trustee emeritus of Western Management Upon enactment, the Emergency Student founded at a time when the South Bronx was Institute of Washington, DC, and serves as ex- Loan Consolidation Act will immediately suffering from major economic devastation, ecutive secretary of Associated Credit Bu- change this to allow borrowers to consolidate jobs were scarce, and people were leaving the reaus of California. In addition to this already direct student loans into FFEL consolidation area. busy schedule, Marie attends classes at the loans. The interest rate for all new consolida- Over the past 25 years, SOBRO has suc- local college, and last year at the age of 79, tion loans will be the equivalent of the 91-day cessfully encouraged investment and eco- set out to conquer the information age by ob- Treasury bill rate plus 3.1 percent, the same nomic growth in the South Bronx and has pro- taining her first computer. as in the Direct Loan Program, and borrowers vided education and job training to area resi- For many years Marie has served as a vol- who consolidate subsidized loans, whether in dents. Among its many accomplishments, unteer for local charities. She is active in pro- the Direct Student Loan Program or the FFEL SOBRO has trained or placed in jobs more moting womens rights, and chaired the na- program will not lose their deferment benefits than 20,000 residents, created or retained tional committee which wrote the Equal Credit simply because they consolidate their loans. more than 30,000 jobs in the area, stimulated Opportunity Act, giving women the right to This is emergency legislation, so these more than $120 million in investments, and have their own credit records. For her efforts changes will only remain in effect until Sep- assisted in the reconstruction of commercial she has received many awards, including the tember 30, 1998. The cost of this legislation districts. Soroptomist Woman of the Year Award, Inter- will be paid for by reducing the administrative In collaboration with Mott Haven neighbor- national Credit Association Outstanding Lead- funds for the Direct Loan Program by $25 mil- hood strategies project, SOBRO has been ership Award, and the Distinguished Service lion. successful in training residents and placing Award, California Department of Consumer Af- In conclusion, let me just finish by sharing them in jobs with businesses in empowerment fairs. the individual comments of a few of the stu- zone areas. SOBRO also provides business I am proud to know Marie Haff. I offer her dents effected by the direct loan consolidation training and technical assistance to minority my warmest congratulations, and best wishes fiasco. At a hearing before the Subcommittee entrepreneurs. It has also established a credit for all the years ahead. on Postsecondary Education, Training and loan program to facilitate financial services, in- f Life-Long Learning last week, Ms. Angela cluding loans for small businesses. Jamison had this to say: `Ìn the process of TRIBUTE TO LT. COL. DANIEL R. In addition, by forming partnerships with consolidating our student loans, my husband CUNNINGHAM local businesses and area high schools, and I have been beset by chronic mistakes SOBRO has succeeded in providing valuable which range from incompetence to malfea- HON. JOHN P. MURTHA internship programs and part-time jobs for sance.'' A process that was supposed to have OF PENNSYLVANIA high school and intermediate school students. taken her 8 to 12 weeks has taken her and IN THE HOUSE OF REPRESENTATIVES The organization also trains adults in many her husband 8 months. The Jamisons were al- skills including cable installation, computer re- Wednesday, September 24, 1997 most unable to close on their mortgage due to pair, home health care, customer service, and Mr. MURTHA. Mr. Speaker, I rise today to these delays, and to this day their loans have building maintenance. inform the Congress of the immminent retire- not been consolidated. Moreover, SOBRO has assisted in the ment of Lt. Col. Daniel R. Cunningham, a truly Many others have expressed a similar lack transformation of abandoned buildings into af- outstanding soldier in the U.S. Army. He has of confidence in the Department's ability to fordable housing and commercial space. It served this Nation faithfully and honorably for provide quality customer service, and you currently has many projects underway, includ- more than 26 years. Lieutenant Colonel don't have to go very far to hear it. In church ing the reconstruction of a 60-unit housing Cunningham is most deserving of our tribute. on Sunday, I spoke with David Higbee, a re- project for people living with AIDS. In addition, His career accomplishments reflect the type of cent law school graduate. David had written SOBRO has been successful in renovating military leader this Nation has depended upon me a letter about his problems with the direct Bruckner Boulevard, which has attracted many for over 200 years during peace and war. I loan consolidation process, and in it he said artists, antique shops, and other businesses to would like to take a few minutes to outline ``we quickly received an estimate from Sallie the area. Dan's career milestones. Mae on the portion of our student loans we Changes in the welfare law are placing On May 9, 1971, as a distinguished military were refinancing there, the Department of greater constraints on organizations like graduate from the Gonzaga University's Re- Education was slow and refused every rea- SOBRO that are trying to assist people in serve Officers Training Corps Program, he sonable suggestion to expedite its inadequate need. Despite this, SOBRO has continued to was commissioned a second lieutenant in the `customer service' process.'' provide quality services to low-income South infantry, Regular Army. For the next 7 years, I am inclined to believe these students, and he served in a number of troop-leading as- I am inclined to help them and the 84,000 like Bronx residents and to attract businesses to the area. signments that took him to the 9th Infantry Di- them with similar stories. The legislation that I vision, Fort Lewis, WA, the 3d Infantry Divi- am introducing today will provide these bor- Mr. Speaker, it is an honor for me to recognize SOBRO for it 25 years of achievements, sion, Kitzingen Germany, and the Infantry rowers with immediate emergency relief. It is School, Fort Benning, GA. budget neutral. It is also the right thing to do. training and educating the youth, spurring economic growth, and beautifying our South While in Germany, he commanded a I urge my colleagues to help these students mechanized infantry company and served as by supporting this important legislation and co- Bronx congressional district. f the infantry battalion's principle staff officer for sponsoring the Emergency Student Loan Con- logistics. Following his tour in Germany, he at- solidation Act. TRIBUTE TO MARIE HAFF tended military schools and completed a mas- f ters degree in business. After schooling, Dan's TRIBUTE TO THE SOUTH BRONX HON. ELLEN O. TAUSCHER career turned toward military comptrollership OVERALL ECONOMIC DEVELOP- OF CALIFORNIA and resource management. As a comptroller, MENT CORP. ON ITS 25TH ANNI- IN THE HOUSE OF REPRESENTATIVES he served in the Ballistic Missile Defense Ad- VERSARY vance Technology Center, Huntsville, AL, and Wednesday, September 24, 1997 at Headquarters Forces Command, Fort HON. JOSE´ E. SERRANO Mrs. TAUSCHER. Mr. Speaker, I rise today McPherson, GA. A highly successful comptrol- to extend my heartfelt congratulations to my OF NEW YORK ler, Colonel Cunningham went back to troops constituent, Marie Haff, on her birthday. This IN THE HOUSE OF REPRESENTATIVES serving as an infantry brigade adjutant and an past June 29, 1997, Marie Haff turned 80 infantry battalion executive officer in the 25th Wednesday, September 24, 1997 years young. Infantry Division, at Schofield Barracks, HI. Mr. SERRANO. Mr. Speaker, I rise to pay Marie Haff, a resident of Pleasanton, CA, is The last 7 years of Dan's career have been tribute to the South Bronx Overall Economic a strong believer in family, hard work, and spent in the Pentagon with the exception of 7 Development Corp. for its 25 years of fruitful education. She is the proud mother of three months duty in Saudi Arabia with the 22d Sup- service to the South Bronx community. daughters, grandmother of nine children, and port Command and Army Central Command E1838 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 during Desert Storm. For the past 51¤2 years workshops to parents throughout the Hudson largest group of lexicographers in North Amer- he has served with distinction as the Army's li- region. Her work with the David Moore ica. This knowledgeable and experienced staff aison to the Appropriations Committees. Colo- Heights Children's Library and the Hebrew has and will continue to ensure that the style, nel Cunningham dilgently and successfully Day School of Orange County have added to voice, and integrity of its founding fathers con- worked budget submissions and resource is- his ongoing legacy of supporting education. tinues into the future. sues through seven legislative cycles. During Mrs. Schwab's work for the Jewish community Mr. Speaker, I am proud and honored to that time he has accompanied me on count- has been outstanding. As a lifetime member of have Merriam-Webster be a part of the Sec- less trips to almost every trouble spot in the Hadassah, the temple shul crier, director of ond Congressional District in Massachusetts. I world from the hunger and violence of Somalia the High Holiday Sitting Service and Shabbat ask my colleagues to join me today in con- and Haiti, to the destruction in the Balkans. Morning Sitter Service, and member of Tem- gratulating Merriam-Webster, Inc., on the oc- This officer was always on top of the issues of ple Sinai's Sisterhood, Women's American casion of its 150th anniversary of its publicized the day, and could always be relied on to in- ORT, and the Jewish Federation of Orange dictionary. sure the Congress got the right information. County Aviva has selflessly given of herself to f Lieutenant Colonel Cunningham's awards her community. include the Legion of Merit, five awards of the Mr. Speaker, Rabbi Joel and Aviva Schwab HONORING STAN MARSHALL Meritorious Service Medal, two awards of the have clearly dedicated their lives on behalf of Army Commendation Medal, and two awards their community. Middletown and the entire HON. DALE E. KILDEE of Army Achievement Medal, the Southwest 20th District are proud that these two out- Asia Service Medal with Bronze Service Star, standing citizens are such good neighbors. OF MICHIGAN the Kuwait Liberation Medal, the Parachute I invite my colleagues to join in congratulat- IN THE HOUSE OF REPRESENTATIVES Badge, the Air Assault Badge, and the Army ing the Schwabs for their devotion to their Wednesday, September 24, 1997 Staff Badge. community. Mr. Speaker, it is a great honor for me to Mr. KILDEE. Mr. Speaker, I rise today to f present the credentials of Lieutenant Colonel urge my colleagues in the U.S. House of Rep- resentatives to join me in paying tribute to an Cunningham before the Congress today. It is 150TH ANNIVERSARY OF THE PUB- outstanding individual, Mr. Stan Marshall. Mr. clear through his stated and unstated accom- LICATION OF THE FIRST Marshall is being honored by United Auto- plishments for his country that he has been a MERRIAM-WEBSTER DICTIONARY man who daily dedicates himself to the peace mobile Workers Local 599 with the dedication and freedom we enjoy as a nation today. All of the Stan Marshall Union Hall on Saturday, his actions reflect a true leader with a clear HON. RICHARD E. NEAL September 27, 1997, in my hometown of Flint, sense of purpose, conviction, and conscience OF MASSACHUSETTS MI. I am particularly pleased with this designa- of service to his Nation. We wish him contin- IN THE HOUSE OF REPRESENTATIVES tion since UAW Local 599 was my father's local. ued success in his future endeavors. Wednesday, September 24, 1997 Stan Marshall is a giant in the labor move- f Mr. NEAL of Massachusetts. Mr. Speaker, I ment. His career with Buick Motor Division RABBI AND MRS. SCHWAB rise today to pay tribute to Merriam-Webster, began in 1950 working on the assembly line. HONORED BY TEMPLE SINAI Inc., who, today celebrates the 150th anniver- He began working with the United Automobile sary of the publication of its first dictionary. In Workers as an alternative committeeman and HON. BENJAMIN A. GILMAN the early 19th century, Noah Webster created quickly moved to the positions of committee- the original work that laid the groundwork for man, shop committeeman, and chairman of OF NEW YORK the Merriam-Webster dictionaries of today. the shop committee. Stan was appointed to IN THE HOUSE OF REPRESENTATIVES However, it was the initiative of two brothers, the International Union staff in Region 1C in Wednesday, September 24, 1997 George and Charles Merriam, that established 1977. In 1983 he was elected to the United Mr. GILMAN. Mr. Speaker, I am pleased to Merriam-Webster dictionaries as the standard. Automobile Workers International Executive honor two remarkable residents of New York's In 1831, George and Charles Merriam Board as the director of Region 1C. 20th District. Rabbi Joel Schwab and Aviva opened a printing and book selling operation After two terms in this position Stan was Schwab of Orange County, NY, are, and have in Springfield, MA. G. and C. Merriam Co., elected as the United Automobile Workers for years been, exemplary community leaders. later renamed Merriam-Webster in 1982, in- vice-president in June, 1989. In this capacity So much so that they have been designated herited the Webster legacy by revising and up- he headed the union's Chrysler Department, ``Distinguished Members of the Year'' by Tem- dating Webster's dictionary after his death in the National Organizing Department, the Gen- ple Sinai in Middletown and will be honored at 1843. From that day on, the two brothers con- eral Dynamics Department, the foundry de- a luncheon on October 26. tinued to uphold Webster's integrity and style partment, and the technical, office and profes- Rabbi Schwab has served 15 years as rabbi and incorporated Webster's mastery into their sional department. He served in this position of Temple Sinai. But his commitment to the own editions. In keeping with the Webster tra- until his retirement in 1995. Greater Middletown community goes beyond dition, the Merriam brothers selected Stan Marshall has been a major influence in his rabbinical duties. The Jewish Family Serv- Chauncey Goodrich, Webster's son-in-law and the Flint community. In addition to his duties ice of Orange County was cofounded by literary heir, and William Webster's son, to with the United Automobile Workers, Stan has Rabbi Schwab. He has been involved with nu- serve as editors of the first Merriam-Webster devoted numerous ours working for the better- merous local organizations, many of which he dictionary. ment of everyone. He has been active with the is still actively involved with today. These in- President James K. Polk, several U.S. Sen- American Red Cross, the March of Dimes, the clude the Jewish Federation of Orange Coun- ators, and many other prominent people re- United Way for Southeastern Michigan, the ty, the Hebrew Day School of Orange County, garded the first Merriam-Webster dictionary as Metropolitan Detroit AFL±CIO, the Metropoli- Interfaith Council of Greater Middletown, the a great resource for all. By 1850, it became a tan Affairs Corp., the Economic Alliance of Emergency Housing Group, Middletown Psy- resource for students across the country and Michigan, and the Delta Dental Plan of Michi- chiatric Center, and the Rabbinical Assembly continues to be America's most trusted author- gan. He is also the father of seven children. of America, Mid-Hudson region. Rabbi ity on the English language. Today, Merriam- Mr. Speaker, it is an honor to rise today to Schwab has also served members of the Jew- Webster reference products are found in every pay tribute to an individual as special as Stan ish faith while acting as chaplain at the Mid- office, home, and school. These products Marshall. His outstanding leadership abilities Hudson Psychiatric Center, as well as serving serve the global community and are acknowl- and communication skills have served the on the clergy committee of Horton Hospital. edged with much prestige. members of the United Automobile Workers Mrs. Schwab, wife of Rabbi Schwab, has For the past 150 years Merriam-Webster, well. He is an inspiration to me and many served in a significant role in the education of Inc., has maintained a staff that embodies other individuals. I treasure his friendship and children of Orange, Rockland, and Dutchess character and standards formulated by Noah value his advice. I know that by naming this Counties. The Systematic Training for Effec- Webster and the Merriam brothers. This phi- great facility in his honor his union brothers tive Parenting [STEP] has been of particular losophy continues to be the driving force be- and sisters are expressing their gratitude for importance to her as she brings these STEP hind the company, which today boasts the his selfless dedication to our community. September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1839 A TRIBUTE TO ONE OF MY DEAR- Many of these food dangers are difficult to indicates that certain feeds or antibiotics EST FRIENDS, THELMA PAULINE detect. E. Coli, salmonella, and other threats may greatly reduce the amount of harmful MILLER—MAY SHE REST IN continue despite stronger meat inspection bacteria that are produced. New farming PEACE procedures. Vast amounts of imported foods techniques and genetic research also offer treated with pesticides are entering U.S. new ways to reduce the use of pesticides. markets uninspected. Several steps are need- Some researchers, for example, have identi- HON. GLENN POSHARD ed to improve food safety. fied ‘‘good’’ bacteria that kill E. Coli inside OF ILLINOIS EDUCATION a living animal. Others have developed crops IN THE HOUSE OF REPRESENTATIVES We need better consumer education. The with their own natural pesticides—reducing chemical risk and the cost of production. Wednesday, September 24, 1997 most important step consumers can take is to prepare foods correctly. Fruits and vege- Congress should devote more attention to re- Mr. POSHARD. Mr. Speaker, I would like to tables should be washed thoroughly. Ground search aimed at preventing food-borne dis- pay tribute to one of my dearest friends, Thel- beef should be heated thoroughly to kill E. eases. ma Pauline Miller. She passed away on July Coli and other bacteria. Poultry and eggs IRRADIATION 27th, leaving a legacy of kindness and consid- should be cooked fully to avoid salmonella, One technique gaining attention is food ir- eration that will be remembered by all who and surfaces that come into contact with radiation. Low doses of gamma rays can kill raw poultry should be immediately cleaned. knew her. Pauline was not just a great friend pathogens and extend shelf-life dramatically. In fact, the number one cause of salmonella The FDA has approved irradiation for pork, of mine, but a friend to the entire community is preparing fruits and vegetables at home on poultry, and produce. A similar proposal for of Herrin, IL. Born on January 23, 1918 in surfaces that have been in contact with raw beef is pending. Irradiation does not make Brookport, IL, Pauline was married for 43 poultry. USDA offers free advice on safe food food radioactive. It does not change a prod- years to Carl Miller, who served as Williamson preparation on a toll-free hotline (1–800/535– uct’s appearance or taste. Many hospitals County Sheriff. Carl preceded her in death as 4555). serve irradiated foods, as do more than 40 did her parents, Bryan and Clara Johnson, SAFER PESTICIDES countries. Irradiation has been deemed safe and her sister Geraldine Burgoon. We should make pesticides safer. Since by the American Medical Association, the Pauline touched many people through her World War II, agrichemicals have been a key American Dietetic Association, and the factor in U.S. agricultural productivity— World Health Organization. Yet consumers devoted work to numerous causes. She was are reluctant to buy irradiated food, and never afraid to roll up her sleeves and get the controlling weeds and insects, and boosting crop yields. Yet by definition pesticides are food processors have not widely adopted irra- job done, contributing her time to the Business toxic and can pose health risks. The Envi- diation. Some consumer groups argue that and Professional Women's Club, Win One ronmental Protection Agency (EPA) decides irradiation is more costly than improving Class, First Christian Church in Herrin, and which pesticides can be used, but hundreds of production practices. Irradiation can also the Veterans of Foreign Wars Auxiliary and pesticides were approved long before we had kill ’’good’’ bacteria, which often help diges- Eagles Auxiliary. She was also active in poli- the technology to assess their risks. It is es- tion or fight other diseases. However, irra- tics, serving as a Democrat State central com- timated that these older pesticides con- diation appears to be an effective way to institute 90% of the dietary risk facing the crease food safety. We should increase re- mitteeman and as Williamson County chair- search and consumer knowledge about this woman. Professionally, Pauline worked for the public. Last year Congress reformed pes- ticide laws to encourage EPA to balance the important technique. Department of Unemployment for 12 years. risks and benefits of newer pesticides. This CONCLUSION Pauline will be remembered by many people change should accelerate approval of safer Helping to ensure a safe and healthy food whose lives she graced over the years. She is pesticides to replace older ones. supply is one of government’s fundamental survived by a loving family, including her BETTER INSPECTION responsibilities. Current policies have suc- daughter Linda, son, John, brother Howard Government food inspection, which is cur- ceeded by providing a relatively safe food Eugene, five grandchildren, and two great rently divided between the Food and Drug supply at a reasonable cost. Proper food grandchildren. May God bless her family, and Administration (FDA) and the U.S. Depart- preparation is the most important step, but I know that the spirit with which she lived her ment of Agriculture (USDA), can be im- consumers have a right to demand a more life will be with us for some time to come. proved. Questions have been raised about il- modern system. With common sense and new technology, the United States should con- f legal pesticides on the market, enforcement against violators has not been strong tinue to have one of the safest food supplies FOOD SAFETY enough, and FDA tests less than 1% of food in the world. shipments. FDA inspections should be f strengthened. HON. LEE H. HAMILTON Meat and poultry sold in the United States CONGRATULATIONS TO THE must be inspected by USDA. Meat inspection OF INDIANA REVEREND DR. ROBERT LOWERY IN THE HOUSE OF REPRESENTATIVES legislation, which dates back to 1906, is far stricter than the FDA’s rules for other foods. Wednesday, September 24, 1997 Each and every slaughtered animal is in- HON. PETER J. VISCLOSKY spected by a federal inspector for visual con- Mr. HAMILTON. Mr. Speaker, I would like to OF INDIANA insert my Washington Report for Wednesday, tamination. If USDA has reason to believe a food or processing plant is unsanitary, it can IN THE HOUSE OF REPRESENTATIVES September 24, 1997, into the CONGRESSIONAL suspend federal inspection—which amounts Wednesday, September 24, 1997 RECORD. to shutting the plant down. USDA has used IS YOUR SUPPER SAFE? U.S. FOOD SAFETY this authority to encourage companies to re- Mr. VISCLOSKY. Mr. Speaker, it is my great POLICY call risky products and to insist on changes pleasure to congratulate the Reverend Dr. Many Hoosiers have asked me if the food in processing methods. USDA does not cur- Robert Lowery on the 40-year anniversary of we eat is safe. Recent news reports on taint- rently have the authority to order a recall his dedicated service to St. Timothy Commu- ed hamburger, contaminated fruits and vege- by itself. nity Church in Gary, IN. Dr. Lowery will be tables, and the impact of microbes on certain In 1996, USDA began a program to modern- honored by St. Timothy Church during a 3-day fish have renewed concern about the safety ize its meat inspection techniques. The old anniversary celebration, which will include a system, sometimes known as ‘‘poke and of our food supply. People are paying closer gala banquet to be held at St. Timothy Com- attention to food safety, and they are de- sniff’’, relied largely on sight, smell, and touch. While the system has worked reason- munity Church on Saturday, September 27, manding that government and industry deal 1997, at 6 p.m. The banquet, which is entitled with those threats. ably well, it is not so effective at detecting We continue to have one of the safest food invisible pathogens such as E. Coli. The new `À Tribute: The Man and His Message,'' will supplies in the world. Publicity about con- Hazard Analysis and Critical Control Point be in honor of Dr. Lowery's service to his par- taminated food is one side-effect of a safer (HACCP) system will use scientific testing at ish, as well as his demonstrated commitment food supply—scientists are better-equipped a series of key points in meat processing. In- to improving the communities of northwest In- to identify, trace, and warn consumers about spectors will be better able to locate prob- diana. possible risks. At the same time, our enor- lems before they contaminate large amounts of food. The completed HACCP system On September 27, 1957, Dr. Lowery began mous food production chain can spread food- his ministry at St. Timothy Community Church borne disease faster and farther than ever be- should greatly increase our ability to pre- fore. Food is often processed in huge fac- vent food contamination. as an interim pastor armed with several de- tories in one state and shipped and eaten by ANIMAL AND PLANT RESEARCH grees and an enthusiasm for serving the com- individuals around the country, with plenty We should increase research on the causes munity. With a masters of divinity from Garret of opportunities for mishandling along the and cures of food contamination. Animals Theological Seminary and a doctorate of min- way. are natural carriers of bacteria, but research istry from Chicago Theological Seminary, Dr. E1840 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 Lowery was well prepared for the self-defined TRIBUTE TO MR. JAMES lingame Public Library cannot be measured role he would accept to spiritually guide, sus- ROUNDTREE merely by its diverse collection of 239,000 tain, and shepherd the members of his parish books, nor its 400 periodical subscriptions, nor and community. Since his arrival at St. Timo- HON. JOSE´ E. SERRANO the beautiful Tuscan-style building which has thy Community Church, Dr. Lowery has de- OF NEW YORK housed these items since the days of the voted his time to providing guidance and train- IN THE HOUSE OF REPRESENTATIVES Great Depression; rather, the library is seen by all of us in terms of the memories amassed ing for the youth of northwest Indiana, plan- Wednesday, September 24, 1997 ning and supporting positive urban initiatives, under the shadow of its beautiful tapestries. It and addressing crucial issues related to edu- Mr. SERRANO. Mr. Speaker, I rise to pay is a place where our children learned to read, cation, health care, crime, and teenage preg- tribute to Mr. James Roundtree, an individual our high school students researched their first nancy. who is dedicated to helping others in the school reports, and our eyes were opened to South Bronx community. limitless intellectual, educational, and creative Dr. Lowery has carried out his youth-, edu- Mr. Roundtree is currently the director of St. pleasures. cation-, and urban-development-oriented Benedict the Moor Neighborhood Center, a Today, Mr. Speaker, I would like to pay trib- agenda through his voluntarism with a number grassroots organizations which provides as- ute not only to this establishment's storied of prominent community service organizations. sistance to people living with AIDS and with past, but to its glowing future. On October 4, Currently, Dr. Lowery serves on the board of substance abuse problems. 1997, more than 85 years after the people of directors for the Northwest Indiana Boys and At the center, located on St. Ann's Avenue, Burlingame joined together to build their first Girls Club, an organization which provides hot meals are served to 200 people a day, 5 public library, and after 8 years of dedicated educational, social, and recreational services days a week. The center also provides refer- planning, a new Burlingame Public Library will for young people, supports the Marion Home, rals to medical facilities, housing, and 12-step be dedicated by a justifiably proud and de- a residential facility for young pregnant programs for victims of substance abuse prob- lighted community. The new structure will women, and is a Scoutmaster for Gary Boy lems. maintain the charm and elegance of the initial Scout Troop 53. Through his work with such The center is funded in part by donations. structure, while offering state-of-the-art facili- distinguished organizations as the Gary Edu- Some of the center's staff are paid by the na- ties in line with the 21st century information cational Development Foundation and the tional Americorps Program; however, many age. The grand tradition of the Burlingame Public Northwest Indiana Urban League, he has workers are volunteers. Library came into being in the early 1900's as been instrumental in structuring a comprehen- Mr. Roundtree became the director of the Burlingame experienced an influx of new resi- sive framework for educational programs, center after Rev. Roger Ciglio, the founder of the program, passed away in 1990. Once a dents from San Francisco and from other which divert the energies of youth into produc- patient of the center himself, Mr. Roundtree parts of the country. The creation of a new, tive activities. Dr. Lowery has also aided urban has been committed to giving back to those in free library in 1912 was one of many mile- development during his tenure as an executive need. stones in the town's growth. The library's first board member for the Northwest Indiana Over the past 7 years, Mr. Roundtree has home was a former church building at Prim- Urban League, Referral Emergency Services, been a friend, a counselor, and an inspiration rose and Bellevue, but this small structure was and the Lake County Mental Health Associa- for many who, like him, have been victims of soon made obsolete by the continued growth tion. In addition to faithfully serving numerous substance abuse. of Burlingame's population. In 1930, construc- other organizations, Dr. Lowery holds an asso- Mr. Roundtree says that he does not give tion began on a new Burlingame Public Li- ciate professorship at Indiana University- up on anybody. He knows first hand the dif- brary. Northwest, where he teaches in the area of ficult challenges faced by recovering victims. Designed by Col. E.L. Norberg, a longtime church society and psycho-dynamics of minor- St. Benedict the Moor Neighborhood Center Burlingame resident, the new building was ity problems. formed a coalition with St. Ann's Church, Pub- erected in a romantic style which evoked im- Over the years, Dr. Lowery has been recog- lic School 30, and the Parks Council, to revi- ages of Tuscan villas and monasteries. nized by a number of institutions for his out- talize the area surrounding the centerÐthe Norberg's beautiful creation would serve Bur- lingame for over six decades as a cultural and standing commitment to northwest Indiana Mott Haven community. The coalition created literary center, a community gathering place, communities. As a result of his theological and a garden from 139th to 140th Street. Recover- and a second home to thousands of students humanitarian efforts, he was awarded an hon- ing patients take part in a gardening program exploring its first rate academic collections. As orary doctorate of humane letters from Purdue as part of their therapy sessions. The garden is now visited by students and families with Burlingame grew so did the library, and new University-Calumet in 1996, and an honorary children. It is also the home for summer jazz additions were dedicated in 1960 and 1972. doctorate of divinity from the Chicago Theo- concerts. By the mid-1980's, the success of the Bur- logical Seminary in 1991. In addition, he has Mr. Roundtree may leave the center be- lingame Public Library prompted calls for even received countless awards for his community cause of health reasons. His contributions to more significant improvements to the build- service efforts from such organizations as the the community have not gone unnoticed and ing's structure, foundation, and technological Boy Scouts of America, the NAACP, the will not be forgotten. They are encouraging to facilities. March of Dimes, and the Lake Area United the many individuals he has helped and for With the full support of the community, the Way. Some of the more prominent service those who may follow in his footsteps. process of planning and organizing the li- honors bestowed upon Dr. Lowery include the Mr. Speaker, I ask my colleagues to join me brary's reconstruction soon began in earnest. 1990 State of Indiana Sagamore of the Wa- in recognizing Mr. James Roundtree for his This operation was led by Burlingame's skilled bash Award, the 1996 Calumet College St. Jo- compassion and dedication to helping others city librarian, Mr. Al Escoffier, along with an seph the Worker Award, and the 1997 Indiana in our South Bronx community. able library board, a wonderful staff, and University-Northwest Chancellor's Medallion f untiring volunteers. Financial backing came Award Citation. from throughout Burlingame, most notably THE REOPENING OF THE from two devoted sources: The Friends of the Mr. Speaker, I ask you and my other distin- BURLINGAME PUBLIC LIBRARY Library, which has been raising funds for the guished colleagues to join me in commending library for over four decades, and the Bur- Dr. Lowery on his outstanding accomplish- HON. TOM LANTOS lingame Library Foundation, organized in 1994 ments during his 40 years of service to St. to collect moneys for furnishings and tech- Timothy Community Church and its surround- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES nology in the new space. These dedicated ing communities. His wife, Josephine groups provided vital assistance during years Wednesday, September 24, 1997 Mathews-Lowery, and their daughters, Gay of preparation and design study. Marlene Lowery, Lynn Michele Lowery-Darby, Mr. LANTOS. Mr. Speaker, it is my distinct Group 4/Architecture, Research and Plan- and Jan Avis-Lowery, should be proud of his privilege and honor to pay tribute to the Bur- ning, Inc., one of northern California's most efforts, as his leadership has served as a bea- lingame, CA, Public Library, one of the finest distinguished architectural firms, was selected con of hope throughout the Gary community. community institutions in our country. To me to formultate a plan for the new library. The Dr. Lowery's devotion to improving the quality and to the thousands of Bay Area residents product of its labors was masterful, a blueprint of life for the people of Indiana's First Con- who have had the pleasure of using this out- for renovation that would merge the timeless gressional District is truly inspirational. standing facility, the importance of the Bur- beauty of Norberg's original composition with September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1841 the requirements for expansion and mod- Responsible Preaching'' and ``The African Something alien to most Americans is ernization. Group 4's construction partners, American Church: Past, Present and Future.'' emerging in the suburbs of Detroit; head-to- Richard Sampson Associates, Inc., of I urge my colleagues here today to join me head competition for cable-TV service. Tele- in recognizing this outstanding individual, Pas- phone giant Ameritech is building cable sys- Pleasanton and Dennis J. Amoroso Construc- tems and offering an alternative to consum- tion Company, Inc., of San Francisco joined to tor Jones, who has dedicated his life to the ers who have long had to live with the prices make this outstanding plan a reality. spiritual enhancement and educational im- and service of a sole local provider—or go Today, after 8 years planning, 17 months of provement of the community. I wish to thank without cable. Mr. Roland and other sales- construction, and an investment of $10 million, you, Pastor Jones, for sharing your gift with us people in brick-red Ameritech jackets scurry the splendid Burlingame Public Library is all. Also, for showing us that a wholly spiritual door-to-door bearing gifts in black shoulder about to be reopened to the community. The life is indeed a fulfilling life. bags: Coupons for $10 monthly discounts. building's original style has been maintained, f Free premium channels and installation. as the two 1930's wings remain intact and Round-the-clock customer phone lines. Nifty TUNING IN TO COMPETITION on-screen TV listings and high-tech remote other important details, such as the authentic controls. wood windows and solid oak tables and They are looking for people like Duane chairs, are still there. While the essence of HON. JAMES A. BARCIA Lamers, a retired school administrator who Norberg's creation will continue to be a Bur- OF MICHIGAN buys cable service from the local system of lingame landmark for generations to come, the IN THE HOUSE OF REPRESENTATIVES Tele-Communications Inc., of Englewood, Colo. ‘‘I’ve been champing at the bit,’’ he new library has nearly doubled in size, from Wednesday, September 24, 1997 26,100 to 47,300 square feet, and its founda- says, ushering Mr. Roland into his home in tion has been reconstructed to flex in a seis- Mr. BARCIA. Mr. Speaker, 18 months ago suburban Troy, Mich. ‘‘Anything’s better the President signed into law, the Tele- than what I’ve got now.’’ mic event. It will offer over 50 computer termi- Sitting at his kitchen table, Mr. Lamers nals to speed and simplify information access communications Act of 1996. Since that time, many people have complained that the com- signs up with American and lists the beefs he for both children and adults. The new library has with TCI. ‘‘The slightest weather change will even have available a new service, self petition that was supposed to develop hasn't and I end up with three or four snow chan- check out, which will make taking out books yet materialized. While it's true that there nels,’’ he says, Outages always seem to inter- as easy as obtaining money from an ATM ma- hasn't been as much competition as those of rupt his favorite show, the NewsHour With chine and make lengthy lines at check-out us who supported the bill would have hopedÐ Jim Lehrer, he says, and he has given up try- counters obsolete. It is truly a community insti- for example, not a single Bell Co. has been al- ing to get service restored quickly. Mr. Ro- lowed to compete in the long-distance busi- land commiserates: ‘‘That’s what I’ve been tution for the 21st century. hearing from other people.’’ Mr. Speaker, I ask my collegues to join me nessÐtelephone companies are definitely pro- in congratulating the people of Burlingame on viding competition in those areas where they ‘‘I’VE GOT THE EDGE’’ the opening of their new library, and in com- are permitted to compete. Ronald Hargreaves, 69, chose to stay with mending the tireless community activists who Monday's Wall Street Journal reported on TCI but figures he gained anyway. Soon after Ameritech launched service in Troy. TCI brought this dream to fruition. competition in the delivery of cable television service, and detailed how customers have gave him a local sports channel free. (TCI f says it was contractually required to do so.) benefited from Ameritech's entry into that mar- ‘‘Now I’ve got the edge,’’ the hardware-store IN HONOR OF THE REVEREND ket. Customer service has improved. Innova- worker says. ‘‘You can either give me service WILLIAM AUGUSTUS JONES, JR. tive packaging of services has increased. or I can go someplace else with my $30 a Competition is serving the customer just as we month.’’ HON. CHARLES E. SCHUMER knew it would. That is precisely what was supposed to OF NEW YORK Ameritech has already opened up its local happen as a result of last year’s telecommunications law. But cable remains a IN THE HOUSE OF REPRESENTATIVES market to competition. Local phone subscribers in Michigan have the ability to change their monopoly in most cities, mostly because the Wednesday, September 24, 1997 telephone companies, and many are doing so. big phone companies that were expected to challenge it prefer to focus on their core Mr. SCHUMER. Mr. Speaker, I rise today Now it is time for the FCC to learn from suc- business. Some small towns have built rival and ask my colleagues to join me in paying cess and open up competition in long dis- cable systems, and other tiny pockets of tribute to the Reverend William Augustus tance, so that all the benefits of the 1996 act competition have sprouted. But cable opera- Jones, Jr., pastor of the Bethany Baptist are available for the American people. I com- tors control 87% of the U.S. multichannel Church. mend this article to our colleagues and to any- video market, the Federal Communications Pastor Jones came to Brooklyn in 1962. one who believes that competition hasn't ma- Commisson says. Within 5 years he had led a congregation to terialized. Ameritech is leading the way. Let us Ameritech is the big exception. With cable the building of a neogothic edifice now known encourage the FCC to follow. franchises in more than 50 cities in Michi- gan, Ohio and Illinois, the Baby Bell is woo- as the Bethany Baptist Church. Under his [From the Wall Street Journal, Sept. 22, ing longtime customers of Comcast, TCI, masterful direction, and with the help of a full- 1997] Time Warner Corp. and other cable giants. time 27 member staff, the church conducts a IT’S THE PHONE MAN AT THE DOOR—AND HE Ameritech says it signs up one of every three multifaceted program to the community which HAS A DEAL ON CABLE TV—AS COMPETITION households it approaches, more than ex- includes outreach ministries via national radio BREAKS OUT, A TRAVELING SALESMAN FINDS pected when it began service last year. The and television. A JADED AUDIENCE launch is expensive; Ameritech doesn’t ex- Pastor Jones has served as national chair- (By Bryan Gruley) pect cable to show profit for several years. man of SCLC's Operation Breadbasket and as ST. CLAIR SHORES, MI.—On a quiet street of NO SHORTCUTS a member of the general council of the Baptist neat frame houses, soaring oak trees and But Richard Notebaert, Ameritech’s chair- World Alliance. He was former president of the fluttering U.S. flags, William Kline stands in man and chief executive, says offering cable Progressive National Baptist Convention and his driveway talking about cable television. TV is part of a long-term plan to deliver a founder of the National Black Pastor's Con- Actually, he’s yelling. single bundle of voice, video and data serv- ference. In 1972, he was the recipient of the The 73-year-old retiree is furious with his ices into homes. ‘‘There are no shortcuts,’’ cable provider, Comcast Corp. ‘‘They raise he says. ‘‘You have to commit resources and prestigious Frederick Douglas Award pre- the damn prices whenever they want,’’ he find out if your model works. Ours is work- sented by the New York Urban League. For says. He also hates the programs. ‘‘Who ing very well.’’ many years now he has been recognized by wants to watch that crap? Who wants to As Ameritech captures some customers a number of distinguished organizations and watch ‘The Simpsons?’ ’’ And he is no fan of and incumbent providers win back others, awarded a variety of accolades, including, in the customer service, either. competition expands the Michigan cable 1996, a doctor of literature degree by the Listening patiently is Thomas Roland, a market, the companies agree. Ameritech Evangelical Reformed School of Theology in fresh-faced young salesman who hopes to says as many as 8% of its subscribers didn’t Toledo, OH. persuade Mr. Kline to dump Comcast and take cable before. And monthly subscriber switch to Ameritech New Media, a unit of charges for MediaOne, the cable arm of Den- In addition to his clerical duties, he finds Ameritech Corp., the Chicago Baby Bell. ‘‘It ver-based US West Media Group, have grown time to educate by serving as a visiting profes- sounds like you’re pretty upset,’’ Mr. Roland about 20% in Canton Township, Mich., dur- sor at a number of theological seminaries. He says. ‘‘If you don’t like the way your cable ing the past year even as Ameritech added has also found time to pen such works as, company has treated you, that’s why we’re 1,700 subscribers, according to the companies ``The Black Church Looks at the Bicentennial, here.’’ and reports filed with the township. E1842 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 Customers are gaining, whether they contest,’’ Mr. Kincaid smiles. ‘‘Cool,’’ he He finally gets to make a pitch in the liv- switch or not. Where Ameritech now com- says. ing room of Robert and Evelyn Mutart. Like petes, incumbent providers have offered bet- But change comes hard, even for some— many older people, they aren’t keen about ter deals, added free channels and improved such as Mr. Kline of St. Clair Shores—who the high-tech remote or on-screen guide. But customer service. Incumbents say they say they are displeased with their provider. Mrs. Mutart wonders whether the Disney planned some of these enhancements long Mr. Kline is so upset with Comcast that he Channel comes free. ‘‘Yep,’’ Mr. Roland says, before Ameritech arrived but acknowledge cuts off Mr. Roland’s Ameritech sales pitch ‘‘You’ll get it 24 hours a day.’’ Mr. Mutart, a they are more aggressive in competitive to extend his rant. ‘‘ You came here and now 73-year-old retired electrician, grins. cities. you’re gonna listen,’’ he says. But when Mr. ‘‘Yeah,’’ he says, ‘‘I need the Disney Channel In St. Clair Shores, a blue-collar enclave Roland finally offers a package that appears 24 hours a day.’’ Mr. Roland leaves without northeast of Detroit, Comcast bills include a to be better than what Comcast gives Mr. making a sale—but the Mutarts subscribe vow to ‘‘meet or beat any price.’’ MediaOne Kline, the man scoffs. ‘‘You’re priming the several days later. started giving customers the HBO channel pump,’’ he says, ‘‘You’ll get it back from me He has better luck on Blackburn Street. free—a $9.69 per month value—in return for in the long run.’’ Norman and Joanne Graleski are intrigued one-year commitments to its service. Having failed to make the sale, Mr. Roland by the remote’s VCR-programming feature. MediaOne also rolled out its popular high- shakes his head. ‘‘Some people don’t realize ‘‘How long do we have to go to school to speed Internet-access service where that competition is going to change things,’’ learn all this?’’ Mr. Graleski quips, His wife Ameritech offers cable. he says. ‘‘It’s their mindset that [cable TV] doubts that Ameritech really will cost less. In Troy, north of Detroit, hardwood-floor is a monopoly, and they don’t really under- ‘‘I’m sure after everybody commits to this, salesman Glenn Lanctot is stunned to find stand competition.’’ you’ll jack up the price,’’ she says. If so, Mr. Mr. Roland, who just turned 24, wears an Lisa Kocsis, TCI’s local marketing coordina- Roland says, ‘‘there’s nothing stopping you earnest smile and keeps his red hair neatly tor, at his front door asking if he has any from going back to Comcast.’’ combed. This is his first job since college, problems with TCI. She says she recently Finally, Mr. Graleski says he wants to and he says he loves it, because ‘‘I get to started this door-to-door campaign because switch. ‘‘You better not screw this up be- talk to people and set my own hours.’’ On a ‘‘I think people need to know we care how cause it took me a year to figure this out,’’ good day he adds five or six subscribers; his their cable picture looks.’’ A TCI technician chides his wife, pointing at the VCR. ‘‘If it record is 14. His salary and commissions let waits nearby in a pickup truck, ready to doesn’t work out, you can call [Comcast] him afford a new Acura couple and season sharpen a fuzzy picture or repair a faulty re- back.’’ tickets to Detroit Red Wings hockey games. mote. The family next door interrupts a baked A cable line has fallen in Mr. Lanctot’s PEER PRESSURE ham dinner to welcome Mr. Roland. ‘‘You backyard. ‘‘I called like a couple of weeks He spends afternoons and evenings knock- made a sale before you walked in,’’ says Fred ago and never heard from you,’’ he says. Ms. ing on doors and juggling follow-ups on his Hawreluk, a bank official. ‘‘Just tell me Kocsis apologizes and promises to have the cell phone and pager. ‘‘A lot of people turn what you’ve got and how much it costs.’’ problem fixed ‘‘in the next 24 hours.’’ She me away and then all their neighbors sign up While Molly the yellow Labrador sniffs Mr. hands him a book of coupons worth $100 and and then they call me,’’ he says. Not every- Roland’s leg, Mr. Hawreluk explains that he one of her personal business cards. Mr. one welcomes him, though. One man told Mr. soured on Comcast over a billing dispute in- Lanctot looks incredulous. ‘‘Call you if I Roland ‘‘If I didn’t get off his property, he volving $8 a month, ‘‘It wasn’t the money, it have a problem?’’ he says. ‘‘Call me,’’ she in- was going to shoot me.’’ was the principle,’’ he says. Still, he balks sists. One afternoon in Troy, Mr. Roland lobbies after scanning Ameritech’s channel lineup: Down the street, dentist James Nassar just Donald Boisvenue, a computer specialist who ‘‘I’m not sure we’ll be getting everything we laughs when Ms. Kocsis introduces herself. slumps in his front door in cutoff jeans and get from Comcast.’’ ‘‘You’re running scared,’’ he says. But he a sweatshirt, looking bored. Mr. Roland His wife shushes him: ‘‘We don’t watch all adds that he is happy with TCI and doesn’t shows him a picture of Ameritech’s on- of that stuff anyway.’’ want to change. screen channel guide. ‘‘That doesn’t impress Mr. Roland just smiles and asks if he can Changing cable service isn’t as simple as, me much,’’ Mr. Boisvenue says. Mr. Roland use the phone to schedule an installation. explains how the remote makes it easy to for example, switching long-distance phone f companies. Although a new provider can use program a VCR. ‘‘Programming a VCR is no old wiring inside the house, a new connec- big whoop,’’ Mr. Boisvenue says. Mr. Roland IN HONOR OF IRENE M. MORROW tion is needed outside. Consumers also must asks how much TCI charges. ‘‘They’re too learn to use new remote-control devices and expensive,’’ Mr. Boisvenue says, ‘‘but you channel lineups. guys are going to be the same.’’ Mr. Roland HON. DENNIS J. KUCINICH Incumbents say their service is more ap- leaves a brochure and heads to the next OF OHIO preciated now that comparisons are possible. house. ‘‘Not good,’’ he says. IN THE HOUSE OF REPRESENTATIVES But it is clear that Ameritech gets under An hour later, though, a voice-mail mes- their skin. Helen Brodie, a MediaOne vice sage from Mr. Boisvenue asks him to return. Wednesday, September 24, 1997 president for marketing, says Ameritech dis- Sitting in his family room, Mr. Boisvenue Mr. KUCINICH. Mr. Speaker, I rise today to confesses that his wife saw Ameritech’s bro- counts are ‘‘misleading’’ because they are honor Irene Morrow, who will receive an temporary and ‘‘disruptive to companies chure and demanded, ‘‘Why didn’t you try this?’’ He says Mrs. Boisvenue is upset with award this week for outstanding contributions that are trying to run themselves in a sound to the Greater Cleveland community from manner; we have shareholders.’’ John TCI price increases, and now Mr. Boisvenue McNeel, general manager of TCI’s local sys- starts recalling things ‘‘that drive me crazy’’ International Services Center [ISC] in Cleve- tem, dismisses Ameritech’s practice of about TCI. He signs up. land, OH. Back in his car, Mr. Roland phones Walter equipping installers with vacuum cleaners. International Services Center is an agency Bartels, 29, a human-resources professional. ‘‘We prefer that our technicians don’t make that assists refugees, immigrants, and other Mr. Bartels had complained two weeks ear- messes to begin with,’’ he says. newcomers to the United States to overcome lier that Ameritech workers damaged his FOUR-CENT DEAL lawn while burying cable. The company’s social and economic barriers and adjust to a Consumers greet Ameritech with a mixture quick response so impressed him that he new culture and way of life. The organization of delight, befuddlement, pent-up anger—and wants to cancel TCI and take Ameritech. Mr. is honoring four individuals this year for their smarts. Leo Freckelton, an Ameritech in- Roland tells him his monthly bill will drop exceptional work on intercultural and inter- stallation manager, laments his uncle’s re- to $21 from $28, although it will climb to $31 racial issues. These individuals have been fusal to switch to Ameritech, ‘‘He’s the only after a one-year discount expires. Clicking chosen because of their commitment to the one in the family who hasn’t,’’ Mr. off his cell phone, Mr. Roland says, ‘‘That’s community and their lifelong achievements Freckelton says. Instead, his uncle has used a success story; you should’ve heard the con- which reflect the spirit and the mission of ISC. Ameritech offers to wangle better deals from versations we had the other day.’’ Comcast. ‘‘I think [Comcast] is beating us by But two weeks later in St. Clair Shores, Ms. Morrow worked in public service from four cents’’ a month, Mr. Freckelton frets. Downing Street is a downer for Mr. Roland. 1964 through her retirement in 1989. She Some just want something new. David At house after house, people either aren’t served as deputy auditor in charge of Cuya- Kincaid, a machine-shop worker in Troy, was home or they say they are satisfied with hoga County payrolls for 8 years. She spent spending more than $70 a month with TCI. ‘‘I Comcast. ‘‘I’ve never seen so many people the next 17 years serving as personnel admin- don’t know what I’m going to pay for happy with their cable service,’’ he com- istrator and secretary of the Civil Service Ameritech, but I want something to com- plains. Just then a Comcast van pulls up and Commission for the city of Cleveland. Upon pare,’’ he says. Pushing a button on Mr. Roland watches balefully as a technician Ameritech’s interactive remote, he orders an trots up to a house. ‘‘They’re giving every- her retirement from civil service, she em- episode of ‘‘The Brady Bunch,’’ already in body their new interactive box,’’ Mr. Roland barked on another career in food management progress. A plot-summary box appears in a says. ‘‘Everything we’re doing, they’re copy- and service. corner of the screen: ‘‘Jan makes promises ing.’’ (Comcast says it decided to upgrade Ms. Morrow has been involved in numerous she can’t keep in order to win a popularity local systems three years ago.) community organizations and associations. September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1843 She was elected as executive secretary of the THE GREEDY lished by the John Templeton Foundation: Association of Polish Women in 1975. She First, inspires students to develop and has served as executive secretary and treas- HON. FORTNEY PETE STARK strengthen their moral reasoning skills; sec- urer of the American Nationalities Movement OF CALIFORNIA ond, encourages spiritual growth and moral ever since 1978. Ms. Morrow had the distinc- IN THE HOUSE OF REPRESENTATIVES values; third, provides community building experiences; fourth, advocates a drug-free life- tion of being elected the first woman president Wednesday, September 24, 1997 of the Republican Ripon Club. In addition, she style; and fifth, conducts a critical assessment Mr. STARK. Mr. Speaker, a move is under- serves on the boards of several other commu- of character-building projects and activities. way to let doctors force patients to give up In a society that no longer looks to religion nity organizations, including International Serv- their Medicare benefits so that a handful of ices Center. doctors can charge them anything they wantÐ and a sense of community as the foundation Ms. Morrow has been well recognized for without limit. for a quality education. La Sierra University is her work in the community. Her list of awards This is a gift to the greediest doctors in the proof that it can be done. Students are expected to strive to their full potential, seek the and honors includes: 1 of the 40 outstanding nation. truth in themselves and everything around Ohio Women Achievers, presented by Barbara Ninety-five percent of the Nation's doctors them, and to give back to their world. General Bush; Polish Person of the Year, presented by accept new Medicare patients and the Medi- care fee schedule. The independent congres- education courses in religion and ethics lay a the Polonia Foundation; Member of the Year, basis for understanding the importance of mo- offered by the American Nationalities Move- sional advisory panel known as the Physician Payment Review Commission reports that this rality. And through the community service re- ment; and Appreciation Award from the United quirement, students learn firsthand the need Hungarian Societies. Both Mayor Ralph Perk is comparable to the rate of doctors who are accepting new private, non-Medicare patients. for volunteerism and how important it is to and Mayor George Voinovich have presented In other words, there is no noticeable dif- give assistance to those less fortunate. Ms. Morrow with Keys to the City Awards. ference in accessÐability to see a doctorÐbe- On behalf of the citizens of California's 43d My fellow colleagues, please join me in con- tween Medicare and non-Medicare patients. Congressional District, I want to extend my gratulating Irene Morrow on a lifetime of won- Doctors who accept Medicare and its fee heartfelt congratulations to the students, fac- derful work for the multicultural community in schedule understand the Hippocratic Oath and ulty, and administration of La Sierra University the Greater Cleveland area. the social compact in which society has paid for being recognized as a character-building hundreds of billions of dollars for the edu- college. f cation and training and research that make American doctors special and in turn, these f LET’S ABOLISH THE TAX CODE doctors accept the Medicare payment system. But Congress is about to cater to the few IN HONOR OF THE CLEVELAND- who want more, more, more from people in MARSHALL COLLEGE OF LAW HON. RON PACKARD their hour of illness. The Employee Benefit Research Institute in OF CALIFORNIA its September, 1997 Issue Brief shows what a HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES special gift this legislation will be to a few doctors who are out of step with their colleagues: OF OHIO Wednesday, September 24, 1997 Recent findings indicate that only between IN THE HOUSE OF REPRESENTATIVES 4 percent and 6 percent of physicians accept- Mr. PACKARD. Mr. Speaker, this afternoon ing new patients were not accepting new Wednesday, September 24, 1997 I joined my colleagues, BILL PAXON, JOE Medicare patients. One survey found that be- SCARBOROUGH, Senator SAM BROWNBACK, and tween 1991 and 1992, the proportion of physi- Mr. KUCINICH. Mr. Speaker, I rise today to others to seriously discuss a repeal of the Tax cians not accepting new Medicare patients recognize the Cleveland-Marshall College of Code. We agreed that the IRS and the Tax increased from 4 percent to 5.9 percent (Lee Law on the celebration of its centennial this Code represent governmental arrogance at its and Gillis, 1994). The same survey found that weekend. This anniversary also marks the between 1992 and 1993 the percentage of phy- dedication of a new law library on the campus. highest level. It punishes the right things and sicians not accepting new Medicare patients rewards the wrong things. We need to shut decreased to 4.7 percent. Surveys by the Phy- The Cleveland Law School was founded in down the IRS and put more money back into sician Payment Review Commission (PPRC) 1897 and was the first law school in Ohio to the hands of taxpayers. also found that in 1993 less than 5 percent of admit women and one of the first to admit mi- physicians were not accepting new Medicare norities. Some of the more prestigious Cleve- Common sense tells me that the IRS is far patients (Physician Payment Review Com- too large and intrusive. Consider that the IRS mission, 1994). The PPRC study concluded land Law School graduates are the first has more than 136,000 employees, while the that the implementation of the Medicare fee woman appointed to a Federal judgeship, the INS has only 6,500 border patrol agents. schedule has not caused physicians to close first woman elected as a municipal court That's about 20 times more people to take our their practices to Medicare patients. judge, the first African-American woman law- money than to protect our borders. That's sim- f yer, and a string of judges, mayors, Congress- ply outrageous. The time has come to abolish men, State legislators, and countless other CONGRATULATIONS TO LA SIERRA the IRS. community leaders. UNIVERSITY Mr. Speaker, improving the quality of life in The college of law is Ohio's largest law America begins with letting families keep more school, and the only public law school in the HON. KEN CALVERT city of Cleveland. The faculty is nationally rec- of what they earn. In the last half century OF CALIFORNIA ognized for its research and scholarship. The alone, the Federal Government's take from IN THE HOUSE OF REPRESENTATIVES college provides students with a curriculum of families has skyrocketed from only 5 to over Wednesday, September 24, 1997 traditional courses as well as opportunities to 24 percent. Add taxes at the State and local Mr. CALVERT. Mr. Speaker, I take the floor participate in four legal clinics, moot court level, and nearly half a family's take-home pay teams, and two student-edited law journals. is spent just to keep government bureauc- of the House today to honor and pay tribute to one of the finest institutions of higher learning Now, the school also offers the new Cleve- racies running. That's a sign of a nation head- land-Marshall Law Library, housing the second ed in the wrong direction. in my district, La Sierra University. La Sierra, located in Riverside, CA, has been chosen by largest academic law collection in Ohio. The li- Lowering taxes returns power to where it the John Templeton Foundation for its 1997± brary boasts extensive collections on many rightfully belongs, out of the hands of govern- 98 honor roll of character-building colleges. different aspects of State and Federal law, a ment and into the homes of families. Today, I La Sierra is one of only eight colleges and large computer lab, and extensive electronic am pleased that our colleagues in the Senate universities in California to earn this distinc- research capabilities. have joined us in support of serious tax re- tion, which is given to academic institutions My fellow colleagues, please join me in form. I hope every American will support our that emphasize character building as an inte- commemorating the centennial of this superior crusade to put more money in the hands of gral part of undergraduate education. Selec- institution, the Cleveland-Marshall College of hard-working taxpayers. tion was based on meeting five criteria estab- Law and its new law library. E1844 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 CELEBRATING BRAILLE division of property from retired pay upon re- Mr. Mark has always been involved in com- PROVISIONS OF IDEA marriage of the former spouse. Second, it munity related nonprofit organizations. He was would require computation of the former the cofounder of the national Organization of HON. WILLIAM F. GOODLING spouse's portion of retired pay based on the Chinese Americans [OCA] and served as its OF PENNSYLVANIA rank and longevity of the individual at the time national president from 1977 to 1979. During IN THE HOUSE OF REPRESENTATIVES of divorce, not at the time of retirement. Third, this time, he was active in a program to pass Wednesday, September 24, 1997 it would limit the time in which a former a bill through Congress to celebrate Asian Pa- spouse may seek a division of retired pay. cific American Heritage Week. The bill passed Mr. GOODLING. Mr. Speaker, Helen Keller, I urge my colleagues to join me in seeking and was signed by President Carter. Mr. Mark the moving spirit of the American Foundation equity for military retirees. served as president of the Chinese Associa- for the Blind, once said, ``* * * when I hold a f tion of Greater Cleveland from 1982 to 1986. beloved [braille] book in my hand my limita- In 1991, he founded the Cleveland Chinese tions fall from me, my spirit is free.'' TRIBUTE TO PRESIDENT LEE Senior Citizens Association and now, although During the recent reauthorization of the Indi- TENG-HUI AND DR. JASON HU he is officially retired, is the acting president of viduals with Disabilities Education Act it was the nonprofit Asian Evergreen Housing Corp. my pleasure to work with the American Foun- HON. CORRINE BROWN Mr. Mark has also been active outside of dation for the Blind and other advocates to in- OF FLORIDA the Chinese American Community. He was clude a provision for the teaching of braille for IN THE HOUSE OF REPRESENTATIVES president of the International Services Center all blind or visually impaired students for Wednesday, September 24, 1997 of Greater Cleveland and a board member of whom it is appropriate as part of the IEP proc- the Cleveland Council of World Affairs and an ess. Now every blind or visually impaired child Ms. BROWN of Florida. Mr. Speaker, on the Hispanic organization, El Barrio. In addition, can have the chance to experience the same eve of Taiwan's 86th National Day, I wish to he served on the Import-Export Committee of freedom enjoyed by Helen Keller. pay tribute to President Lee Teng-hui, who the Cleveland World Trade Council and on the Specialized instruction in braille enables has recently completed an arduous Latin- Cultural Heritage Advisory Committee of the children who are blind or visually impaired to American trip to shore up his country's rela- Cuyahoga Community College. participate equally with their sighted peers in tions with a number of Latin-American coun- My fellow colleagues, please join me in con- school and ultimately to compete in the work- tries. President Lee is one of the hardest gratulating Dr. Mark on a lifetime of wonderful place. working heads of state in our time. Also, I work for the multicultural community in the Additionally, for those who cannot use print, would like to commend President Lee for hav- Greater Cleveland area. braille provides an excellent means for accom- ing selected Dr. Jason Hu as his new Foreign plishing necessary daily activities such as Minister. f reading confidential material, taking notes at Dr. Hu is currently Taiwan's representative meetings and giving presentations, record- in Washington. During his tenure in Washing- RECOGNIZING ROSEMONT COL- keeping, studying and reviewing critical infor- ton, Dr. Hu has impressed us with his diplo- LEGE FOR EXCELLENCE IN EDU- mation, and performing household manage- matic skills. In his new capacity as Taiwan's CATION ment functions. Foreign Minister, Dr. Hu will no doubt use his I am pleased to report that in my State, talents to the utmost in promoting his country's HON. CURT WELDON 39,500 braille books were circulated by the diplomatic interests around the world. OF PENNSYLVANIA Regional Libraries for the Blind in Pittsburgh Taiwan faces a number of diplomatic chal- IN THE HOUSE OF REPRESENTATIVES and Philadelphia in fiscal year 1996. lenges, but with President Lee's leadership The mission of the American Foundation for Wednesday, September 24, 1997 and Dr. Hu's stewardship in the Foreign Min- the Blind is to enable persons who are blind istry, I trust Taiwan's diplomatic fortunes will Mr. WELDON of Pennsylvania. Mr. Speaker, or visually impaired to achieve equality of ac- soon improve. I rise to bring to the attention of my colleagues cess and opportunity that will ensure freedom f a significant honor that was bestowed today of choice in their lives. I am delighted that the upon Rosemont College in Rosemont, PA. braille provisions of the recently reauthorized IN HONOR OF DR. ALEX H. MARK Today Rosemont College was named by the Individuals with Disabilities Education Act will John Templeton Foundation as one of only help all children who are blind or visually im- HON. DENNIS J. KUCINICH 134 colleges nationwide on the foundation's paired to achieve this goal. OF OHIO 1997±98 honor roll for character-building col- f IN THE HOUSE OF REPRESENTATIVES leges. Founded more than 70 years ago as a UNIFORMED SERVICES FORMER Wednesday, September 24, 1997 SPOUSES EQUITY ACT OF 1997 women's college, Rosemont has repeatedly Mr. KUCINICH. Mr. Speaker, I rise today to earned national recognition as one of the honor Dr. Alex Mark, who will receive an country's premiere liberal arts colleges. To HON. BOB STUMP award this week for outstanding contributions prepare women for the 21st century, Rose- OF ARIZONA to the Greater Cleveland community from mont has achieved a remarkable balance, IN THE HOUSE OF REPRESENTATIVES International Services Center [ISC] in Cleve- combining the traditional liberal arts education Wednesday, September 24, 1997 land, OH. with a variety of pre-professional studies and Mr. STUMP. Mr. Speaker, today I am intro- International Services Center is an agency experiences. ducing H.R. 2537, a bill to restore a small that assists refugees, immigrants, and other As a Catholic college, Rosemont encour- measure of balance to the way military retired newcomers to the United States to overcome ages character building among its students by pay is handled during a divorce. social and economic barriers and adjust to a urging them to explore and define the values Under the Uniformed Services Former new culture and way of life. The organization that will provide them both stability and direc- Spouses Protection Act, courts were given the is honoring four individuals this year for their tion later in life. Other aspects of Rosemont authority to divide military retirement pay as exceptional work on intercultural and inter- College that contributed to its being named to property. Since then, the courts have almost racial issues. These individuals have been the John Templeton Foundation's honor roll in- uniformly taken advantage of that provision. chosen because of their commitment to the clude the school's emphasis on developing However, this has resulted in certain injustices community and their lifelong achievements and strengthening of its students moral rea- to military retirees. Chief among them is the which reflect the spirit and the mission of ISC. soning skills, its encouragement of spiritual fact that former spouses continue to receive a Dr. Mark was brought up in Canada. He growth and moral values, and its promotion of share of the retired pay even after one or earned his bachelors degree from the Univer- character-building programs and activities. more remarriages, regardless of the respective sity of Toronto and later, a doctorate from Pur- Mr. Speaker, I ask my colleagues to join me financial positions of the former spouse and due University. In 1978, he moved to Cleve- today in congratulating Rosemont College on the retiree. Moreover, there is no limitation on land where he has held executive positions in achieving this outstanding recognition from the when former spouses can seek a division of several multinational companies such as John Templeton Foundation. And I thank both retired pay. Rockwell International Corp. and Massey-Fer- the administrators and faculty for emphasizing My bill has three principal components. guson Co. He retired from Eaton Corp. in the importance of character building as a daily First, it would terminate payments made as a 1990. part of student life at Rosemont College. September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1845 HONORING 30 YEARS OF BIG momentous occasion will be celebrated on Magazine and his column ``New Worlds'' ap- BROTHERS/BIG SISTERS IN September 24, 1997, with a cocktail reception pears each Saturday. He covered the fall of PINELLAS COUNTY at the Chandelier Restaurant in New Jersey. the Berlin Wall and witnessed the reunification The Bayonne Lions Club has worked for the of Germany. This experience proved helpful HON. MICHAEL BILIRAKIS Bayonne community since 1947 when they as he traveled to Central and Eastern Europe OF FLORIDA were granted a charter from the Lions Club in 1990 to write a series of article called Life IN THE HOUSE OF REPRESENTATIVES international headquarters in Oak Brook, IL. After the Wall. The series won the 1991 Na- This charter hangs on the wall of Amici's Res- tional Writing Award of the First Catholic Slo- Wednesday, September 24, 1997 taurant where the club meets on the second vak Union of the United States and Canada Mr. BILIRAKIS. Mr. Speaker, I rise today to and fourth Tuesdays of each month. This and was nominated for a Pulitzer Prize. Mr. recognize and honor the Big Brothers and Big year's anniversary celebration will not only Miller also won the Distinguished Service Sisters program in Pinellas County, FL. This raise funds for charity, but it will also provide Award from the National Journalistic Society's Saturday, they will be celebrating the 30th an- the opportunity to highlight the club's achieve- Cleveland chapter. niversary of their service to the children of ments over the last half century. Mr. Miller's writing was instrumental in sav- Pinellas County, which is located in my con- Over the years, the Bayonne Lions Club has ing the three Playhouse Square Theaters from gressional district. Although I will not be able sponsored Christmas parties at the St. Jo- being demolished to make room for a parking to participate in their celebration in person, I seph's Home in Jersey City, given braille type- lot. His name appears with six others on a want to share my thoughts on this critically im- writers as gifts to individuals, distributed food plaque commemorating his efforts to save the portant program with my colleagues in Con- baskets, and provided medical care and vital complex. The beautifully renovated buildings gress. eye surgery to those who needed it. now comprise the third largest theater com- The Pinellas County Commission has pro- Among the esteemed members of the Ba- plex in America. Many other community orga- claimed Saturday, September 27, as Big yonne Lions Club was the club's first presi- nizations have also recognized Mr. Miller for Brothers Big Sisters of Pinellas County Day. I dent, Attorney Jack Feinberg of the law firm of his involvement. He has been honored by the join them in recognizing one of the premier Feinberg, Dee & Feinberg. One of Feinberg's Asian/Pacific Federation, the Federation of mentoring programs in the United States. The successors, Dr. C.M. Jones, was the first Afri- Italian Societies of Northeast Ohio, Keep undisputable fact is that Big Brothers Big Sis- can-American president of any Lions Club America Beautiful, Inc., the United Labor ters one-to-one mentoring program has a posi- charter in the United States. One of the early Agency, and the Salvation Army. tive impact on children who participate in the active club members was businessman C.J. My fellow colleagues, please join me in con- program. Murphy, who was the first representative of gratulating William Miller on a lifetime of won- Children who are matched with big brothers the Bayonne Lions to the Lions International derful work for the multicultural community in or sisters are less likely to engage in destruc- zone and district. Club member, Walter Jones, the Greater Cleveland area. tive or antisocial behavior than those kids who has held every office in the Bayonne Lions f are not. The ``littles,'' as they are affectionately Club and boasts the longest continuous Ba- MEDICARE AND MEDICAID called by their bigger counterparts, are less yonne Lions Club membership. I would also PROVIDER REVIEW ACT OF 1997 likely to begin using illegal drugs and alcohol like to thank Michael O'Connor, the current and more likely to attend school regularly than Bayonne Lions Club president for his hard HON. FORTNEY PETE STARK those children without the positive guiding in- work and dedication. OF CALIFORNIA fluence of a big brother or sister. In fact, pro- The members and officers, past and IN THE HOUSE OF REPRESENTATIVES gram participants are more confident at school present, of the Bayonne Lion's Club richly de- Wednesday, September 24, 1997 and enriched relationships with their family serve this honor and recognition for 50 years members than those without a ``big'' influence. of unique contributions and caring dedication Mr. STARK. Mr. Speaker, together with Mr. Since 1967, approximately 15,000 children to their community. I ask that my colleagues DELLUMS and Mr. MILLER of California, I am have participated in the Big Brothers Big Sis- join me in recognizing the outstanding work pleased to introduce the Medicare and Medic- ters program in Pinellas County. The agency and exceptional service of the Bayonne Lions aid Provider Review Act of 1997. has been at the forefront in developing excit- Club. It is an honor to have such an outstand- The HHS inspector general reports that an ing and innovative ways to improve the pro- ing organization working on behalf of the con- estimated 14 percent of Medicare payments gram's success. Its method for screening vol- stituents of my district. overall, and 40 percent of home health pay- unteers has been widely adopted by other f ments, are made inappropriately each year. children's service organizations. Much of this $23 billion per year of fraud, Last year, Pinellas Big Brothers Big Sisters IN HONOR OF WILLIAM F. MILLER waste and abuse occurs because providers do participated in the President's Summit on Vol- not comply with Medicare rules about medical unteerism. Currently, there are 385 active HON. DENNIS J. KUCINICH necessity, and about how services and sup- matches in Pinellas County and there are 163 OF OHIO plies should be coded and documented. In children waiting to be paired. IN THE HOUSE OF REPRESENTATIVES some cases, providers don't comply because they don't understand the rules. But in many Mr. Speaker, I urge my colleagues to sup- Wednesday, September 24, 1997 port Big Brothers Big Sisters program in their other cases, providers understand the rules so congressional districts. These dedicated volun- Mr. KUCINICH. Mr. Speaker, I rise today to well that they are able to flout them without teers help children become productive well-ad- honor William Miller, who will receive an being detected. The recent indictments of justed and caring members of the society. I award this week for outstanding contributions three Columbia/HCA executives for overbilling commend Pinellas County Big Brothers Big to the Greater Cleveland community from Medicare are a glaring example of provider's Sisters for their leadership in helping children International Services Center [ISC] in Cleve- ability to game the system. In addition, the in- in my district and wish them continued suc- land, OH. spector general recently reported that 25 per- cess in the future. International Services Center is an agency cent of home health agencies it investigated f that assists refugees, immigrants, and other have `àbused or defrauded Medicare or mis- newcomers to the United States to overcome appropriated Medicare funds.'' 1 IN HONOR OF THE BAYONNE social and economic barriers and adjust to a Unfortunately, it's relatively easy for fraudu- LIONS CLUB: CELEBRATING 50 new culture and way of life. The organization lent operators to escape detection because YEARS OF SERVICE is honoring four individuals this year for their the Health Care Financing Administration exceptional work on intercultural and inter- [HCFA], which oversees the Medicare and HON. ROBERT MENENDEZ racial issues. These individuals have been Medicaid programs, is woefully lacking in re- OF NEW JERSEY chosen because of their commitment to the sources to provide adequate oversight and to IN THE HOUSE OF REPRESENTATIVES community and their lifelong achievements track down abusers. Over the past 7 years, which reflect the spirit and the mission of ISC. the number of Medicare claims processed Wednesday, September 24, 1997 Mr. Miller has been a columnist and reporter rose 70 percent while HCFA's budget for re- Mr. MENENDEZ. Mr. Speaker, I rise today at Cleveland's Plain Dealer for 36 years. He viewing claims grew less than 11 percent. Ad- to pay tribute to the Bayonne Lions Club, an covers nationality stories, general news, and justing for claims growth and inflation, funding exceptional organization serving the residents international news as it impacts Cleveland. He of my district, on their 50th anniversary. This writes an ethnic cultural column for the Friday! Footnotes appear at end of speech. E1846 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 for review dropped from 74 cents to 48 cents occurs because providers don't understand 1982 and reported for temporary duty at per claim. As a result, the proportion of claims the system. Oceana while awaiting assignment in reviewed dropped from 17 percent to 9 per- Health care spending consumes an ever-in- Lemoore, CA. While at Lemoore, he was the cent. In the especially problematic home creasing portion of the Federal budgetÐnow first tactical fighter pilot to instruct in Fighter health area, reviews plummeted from 62 per- at least 20 percent. And the Federal Govern- Wing One's out-of-controlled-flight program, cent in 1987 to a target of 3 percent in 1996.2 ment pays a third of our Nation's health care flying the T±2 and A±4 aircraft. In many industries, it is standard operating billsÐmore than any other single source.4 We In July 1983, he was chosen to serve as procedure for businesses to fund independent are the largest purchaserÐisn't it time we be- part of the early cadre of instructor pilots in audits of their compliance with Federal laws come a wiser purchaser? And isn't it impera- the developing F/A±18 program. He performed and regulations. For example, banks have tive that we have tighter reins on an area that duties as senior LSO for the Hornet RAG, and paid for independent government financial and consumes so many of our tax dollars? was one of the first three instructors selected compliance audits since the 1800's. In fact, Banks have for many decades borne the fi- for the newly developed Strike Fighter Weap- the Office of the Comptroller of the Currency nancial responsibility for demonstrating their ons School Pacific, and served as the RAG is a special branch of the Treasury Depart- legitimacy. It is an accepted cost of the privi- training officer. In November 1985, Lieutenant Commander ment that is fully funded through fees it as- lege of keeping other people's money. Medi- Childress reported as a plank owner, where sesses for conducting bank audits. care and Medicaid providers are being given he served as department head until August This legislation would require all hospitals, the privilege of taking taxpayers' money, with- 1988. The squadron stood up in Lemoore, CA, skilled nursing facilities, home health agen- out the corresponding responsibility for proving and subsequently changed homeport to NAS cies, hospices, clinical laboratories, and ambu- their legitimacy. The appalling level of fraud, lance companies to fund annual, federal finan- Cecil Field in Jacksonville, FL. waste and abuse in the programs is the unfor- In September 1988, Lieutenant Commander cial and compliance audits as a Condition of tunate result. Childress reported to Commander U.S. Sixth Participation in the Medicare and Medicaid Banks are audited as a matter of public trust Fleet in Gaeta, Italy for a tour as Flag Sec- programs. Other businesses they own in to ensure our Nation's economic security. retary. He served on board the Flagship, USS whole or in part would be included in the au- Please join Mr. DELLUMS, Mr. MILLER and me Belknap, until October 1990. dits, which would ensure, for example, that in demanding provider audits to help ensure From November 1990 until June 1991, providers are furnishing only services that are its health security. Commander Childress completed his PXO/CO covered and medically necessary, that they FOOTNOTES***NOTE***1 TESTIMONY OF GEORGE F. training track and returned to NAS Cecil Field, are actually delivering the services for which GROB, DEPUTY INSPECTOR GENERAL FOR EVALUATION FL. During that time, he was deployed to the they bill HCFA and that their cost reports are AND INSPECTIONS, HHS OFFICE OF INSPECTOR GEN- Persian Gulf where he acted for nearly 4 correct. ERAL, BEFORE THE SENATE SPECIAL COMMITTEE ON months as senior naval representative to 2 To ensure audit quality and consistency, AGING, 7/28/97.***NOTE*** TESTIMONY OF LESLIE G. COMUSNAVCENT's contingency planning cell specially trained Federal Medicare/Medicaid ARONOVITZ, ASSOCIATE DIRECTOR, HEALTH FINANCING AND SYSTEMS ISSUES, HEALTH, EDUCATION, AND in Dharhran, Saudi Arabia. examiners, analogous to bank examiners in In August 1993, Commander Childress, re- the banking industry, would conduct the au- HUMAN SERVICES DIVISION, GENERAL ACCOUNTING OFFICE, BEFORE THE SENATE GOVERNMENT AFFAIRS ported as Chief of Crisis Action Plans for the dits. One home health agency owner con- INVESTIGATIONS SUBCOMMITTEE, 6/26/ J±3 directorate of Headquarters United States victed of Medicare fraud testified before Con- 97.***NOTE***3 TESTIMONY OF JEANETTE G. GARRISON European Command in Stuttgart, Germany. In gress about the inadequacy of the few audits BEFORE THE SENATE COMMITTEE ON AGING, 7/28/ March 1995, he was promoted to his current that the government currently conducts: ``the 97.***NOTE***4 CONGRESSIONAL RESEARCH SERVICE, rank of captain, and in July 1996, Captain auditors were not always sufficiently knowl- WAYS AND MEANS HEALTH SUBCOMMITTEE Childress reported as commanding officer, edgeable about Medicare reimbursement and CHARTBOOK, 1997. Naval Air Station Lemoore. areas of concern to be able to identify im- f Since returning to Naval Air Station proper reimbursement practices * * * the Lemoore, Captain Childress has dedicated A TRIBUTE TO CAPT. L.D. ‘‘DEAK’’ audit teams seemed to change from year to himself to improving the lives of the sailors. CHILDRESS year so there was no real continuity or con- The first phase of a new family housing sistency. The better the auditors understand a project has been completed, with more units provider, the better they will be able to know HON. CALVIN M. DOOLEY to be finished in the upcoming months. And, where to look * * * the auditors need to look OF CALIFORNIA Captain Childress recently broke ground on a not just at the [core business of the provider], IN THE HOUSE OF REPRESENTATIVES new state-of-the-art naval hospital. 3 Captain Childress is well-respected in both but at the overall structure.'' Wednesday, September 24, 1997 Audits would be paid for through hourly fees the U.S. Navy and in the city of Lemoore. The charged to providers. Thus, provider liability Mr. DOOLEY of California. Mr. Speaker, I support he has given to the Public/Private would depend on both the size of the provider rise today to recognize and honor Capt. Louis Venture has played an important part in the and on how well they keep their books and ``Deak'' Childress, Commanding Officer, Naval economic growth and development of the city records. A small agency that follows the rules Air Station Lemoore, in Lemoore, CA. Captain of Lemoore and Kings County. and documents correctly would be charged Childress has demonstrated exceptional lead- Captain Childress is also a devoted family very little. To further ease the burden on small ership throughout his service in the U.S. Navy man. He and his wife, the former Mary Sue businesses, the Secretary would have the au- and is an asset to the community of Lemoore. Duckworth, have two children, Brent (21) and thority to exempt providers from audits based Captain Childress began his naval career by Christopher (18). on their volume of Medicare and Medicaid entering flight training at Aviation Officer Can- Mr. Speaker and my colleagues, please join business. didate School in Pensacola, FL, in July 1973. me in wishing Captain Childress, devoted hus- To minimize the administrative burden on all After completing training at Saufley Field and band, father, community member, and dedi- health care providers, the bill would require Whitley Field, he reported to Beeville, TX, in cated serviceman, continued success. the Secretary to conduct a study of all the ex- July 1974, and received his wings on Decem- f amining and accrediting agencies and organi- ber 20 of that year. IN SUPPORT OF COPS PROGRAMS zations that perform audits or inspections of After graduation from flight school, Ensign the providers covered under this bill. Based on Childress was assigned to Oceana, VA, flying the study, the Secretary would make rec- the F±4 Phantom from the decks of the USS HON. DENNIS J. KUCINICH OF OHIO ommendations to Congress by June 1, 1999 Nimitz and USS Forrestal from 1975 to 1978. IN THE HOUSE OF REPRESENTATIVES on how to coordinate and consolidate these In October 1978, Lieutenant Childress audits and inspections in order to reduce relat- served as an instructor pilot at NAS Miramar Wednesday, September 24, 1997 ed costs to providers and government agen- in San Diego and in November 1979, he was Mr. KUCINICH. Mr. Speaker, I rise today in cies. reassigned to the east coast F4±RAG in Vir- support of the Office of Community Oriented Annual rather than initial one-time audits are ginia. Policing Services. Three years ago, President needed because businesses may start out In July 1981, he reported to the staff of Clinton vowed to place 100,000 more police honestly, but gradually creep into abusing the Commander Carrier Air Wing 17 as landing officers on the streets of American cities in a system as they gain experience and test the signals officer and safety officer, flying once nationwide effort to reduce crime starting at waters. Annual audits would also serve an again with the ``Bedevilers.'' He completed the the community level. To fulfill this goal by the educational purpose, thus reducing waste that final east coast F±4 deployment in November end of the year 2000, the Office of Community September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1847 Oriented Policing Services [COPS] was estab- cluding shop steward, trustee, treasurer, vice grams like paralegal training and the bilingual lished. Halfway through the 6-year program, president, and business manager. service program. He provided service to the 65,000 officers have been added to police Nello joined the U.S. Marine Corps and needs of the indigent accused while never los- forces across the Nation, and reports of dra- served in the South Pacific during World War ing sight of the needs of the community as a matic drops in crime are coming in from cities II. After World War II, he received a full schol- whole. Bill retired from the Public Defender's throughout the country. arship from Massachusetts AFL±CIO to attend Office in 1993. Cleveland, OH, is one of these COPS suc- Harvard Business School. Following gradua- As a member of the armed services, as an cess stories. Juvenile crime had been on the tion from Harvard, he served as the New Eng- attorney, and as a public servant, Bill Littlefield rise in Cleveland. Arrests for weapons viola- land field representative for the national AFL± has distinguished himself as a man of great tions rose 67 percent from 1989 to 1994. A CIO, where he was responsible for 131 direct integrity and dedication. Under his leadership, 35-percent increase in juvenile felony arrests affiliates in New England. He took the lead on the Los Angeles County Public Defender's Of- was seen between 1992 and 1993 alone. In organizing locals, negotiating contracts, and fice grew to be one of the largest and most re- spite of this rise in crime, the number of police handling arbitrations and grievances. He was spected legal service agencies in the country. officers had declined. The Cleveland Police able to achieve some significant organizing As a long-time admirer of his, I am honored Department has received over $8 million in successes, such as American Optical, to recognize his service to his country. On be- grants from the COPS Office. Among many Dennison and Marble Mines to name a few. half of the U.S. Congress, I salute him for a COPS funded programs, one especially inno- In the later years Nello became the New job well done, and offer the thanks of a grate- vative and successful program stands out, the England legislative director for the national ful nation to one of her distinguished sons. Residential Area Policing Program [RAPP]. AFL-CIO and served for a short period as a In an effort to create more of a community legislative lobbyist at the national level. He f then went on to work at the education pro- policing presence, the Cleveland Police De- TRIBUTE TO MICHAEL L. MEYER partment identified abandoned, nuisance prop- gram at the George Meany Center in Silver erties in various neighborhoods, restored the Spring, MD before his retirement. In total, properties, and stationed specially trained Nello spent 27 years with the national AFL± HON. BRAD SHERMAN community policing officers there 24 hours a CIO. OF CALIFORNIA day. These officers established themselves in Nello has been a member of the Westfield IN THE HOUSE OF REPRESENTATIVES Democratic Committee for over 20 years. He the neighborhood, made regular patrols, and Wednesday, September 24, 1997 conducted door-to-door surveys of the resi- is a very modest man that does not like the dents' problems. They also hosted training limelight. He is, simply put, `à doer,'' vol- Mr. SHERMAN. Mr. Speaker, I rise before seminars and provided a safe house to the unteering for whatever the committee needs. It you today to pay tribute to Michael L. Meyer youths of the area. In short, the community is people like Nello that make the difference in who is being honored by the Construction In- police formed partnerships with the residents government and politics. dustries Alliance for City of Hope with the of the neighborhoods and, together, they im- I am pleased to pay tribute to Nello Ricardi, Spirit of Life Award. proved the appearance of the neighborhood, someone who has been a great asset to his The proceeds from the awards dinner hon- identified community problems, and developed community, to Massachusetts, to New Eng- oring Michael will establish the Michael L. substantial solutions. In each of the four sites land, and to his country. Meyer Research Fellowship at City of Hope selected for the yearlong program, the com- f and its Beckman Research Institute. City of munity officers became integral members of Hope utilizes its energy and resources to seek HONORING THE LIFELONG SERV- better treatments for major diseases, primarily the community and left lasting, positive effects. ICE OF WILBUR F. LITTLEFIELD Drug traffic has decreased, gunfire has dimin- cancer. Patients attend this center from all ished, and the number of civil disputes is HON. JAMES E. ROGAN over the world for treatment of such afflictions down. Equally as important, the number of as leukemia and other cancers, diabetes, and OF CALIFORNIA hereditary or genetic problems. At City of calls for service rose 100 percent, showing IN THE HOUSE OF REPRESENTATIVES that the residents felt comfortable turning to Hope, emphasis is placed on not only treating the police for help. Wednesday, September 24, 1997 the body, but invigorating the soul. RAPP is but one of many endeavors on the Mr. ROGAN. Mr. Speaker, I rise today to For 80 years, City of Hope has been dedi- part of the Cleveland Police Department to get pay tribute to a man who has dedicated his cated to improving the lives of others and has more involved in community policing. Over life to serving his family, the people of Los An- aptly named their research fellowship for an $11 million have been awarded to commu- geles County, and his country. In over 40 individual who has selflessly dedicated much nities in the 10th Congressional District of years of service as an attorney, Wilbur F. of his life to enriching our community. Ohio resulting in the hiring of over 170 new of- Littlefield has proven himself to be deeply re- Michael is currently the managing partner of ficers. Residents profess that the programs spected and a dedicated public servant. Al- E&Y Kenneth Leventhal Real Estate Group's have helped reduce crime, and the statistics though he is best known as a man of the law, Orange County Office. He has played an improve it. Community policing works, and I sup- he is modest about the other fascinating expe- portant leadership role in the real estate indus- port its continued funding so other cities may riences that have shaped his life and molded try over the past 20 years and his expertise see the rewards of communities and police his character. has made him a valuable resource for most of departments working together to combat Like many who answered their country's call the major real estate companies in our com- crime. during World War II, Bill Littlefield volunteered munity. f to fight for his country. As he would do later In addition to his valuable work within the in- in his life, Bill distinguished himself as a man dustry, he has dedicated his time and efforts TRIBUTE TO NELLO RICARDI of unique ability. He served his tour of duty as to community service. He is the director of the a member of the Àlamo Scouts,' an elite Construction Industries for the City of Hope, HON. JOHN W. OLVER corps of men who fought behind enemy lines and the chairman of the United Way's Alexis OF MASSACHUSETTS gathering intelligence and tracking enemy de Tocqueville Society. He is also on the IN THE HOUSE OF REPRESENTATIVES movements. As a scout, Bill saw action in board of the Orange County Museum of Art. Guadalcanal, Luzon, and Leyte. He contracted City of Hope is not the first organization to Wednesday, September 24, 1997 malaria during one of the campaigns. take notice of Michael Meyer's extensive com- Mr. OLVER. Mr. Speaker, I rise today to pay After the war, Bill worked his way through munity and business leadership activities. He tribute to Mr. Nello Ricardi of Westfield, MA, in law school at Hastings College of The Law be- has received the Tree of Life Award from the recognition of his selection as the Westfield fore returning home to Los Angeles. His pas- Jewish National Fund and the Human Rela- Democratic Committee's Democrat of the sion for trial work led him to the Los Angeles tions Award from the American Jewish Com- Year. County Public Defender's Office, where his mittee. Tonight, he adds the Spirit of Life Mr. Ricardi has had a long history in orga- skills were rapidly recognized. He rose stead- Award to his distinguished list of accomplish- nized labor and politics. Nello began his ca- ily through the ranks, and in 1976 was ap- ments. reer at the Savage Arms, Inc. in Chicopee, pointed the Public Defender for Los Angeles Mr. Speaker, distinguished colleagues, MA, which had a labor force in direct affiliation County. please join me in paying tribute to Michael with the AFL±CIO. He served in a variety of Under Bill's leadership, the Office of the Meyer for his generosity and dedication to our positions in his local work force chapter, in- Public Defender implemented innovative pro- community. E1848 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 IN MEMORY OF JOE FOX community mentor, and a loving husband, fa- Joe Fox loved to cook and experiment with ther and grandfather, Joe Fox. all different kinds of cuisine. He also loved to As a young man, Joe fought for his country help people in any way he could. Joe was a HON. DENNIS J. KUCINICH in World War II as a marine, earning a Purple very special and unique man whose generos- Heart for his bravery. Later, he published a OF OHIO ity and vision earned him a place in the hearts community newspaper and was the proprietor IN THE HOUSE OF REPRESENTATIVES of Linka's Restaurant. Linka's was regarded of everyone in the community. He is survived by his wife, Olga, a daughter, a son, and three Wednesday, September 24, 1997 as a popular neighborhood gathering place, where people would meet not only for the cre- grandchildren, all of whom he adored. Their Mr. KUCINICH. Mr. Speaker, I rise today to ative family-style meals, but also for conversa- loss is shared by everyone fortunate enough honor the memory of a business owner, a tion and advice from Joe Fox. to have known Joe. September 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1849 SENATE COMMITTEE MEETINGS Board, and Edward M. Gramlich, of tee’s special investigation on campaign Virginia, and Roger Walton Ferguson, financing. Title IV of Senate Resolution 4, of Massachusetts, both to be a Member SH–216 agreed to by the Senate on February 4, of the Board of Governors of the Fed- Judiciary 1977, calls for establishment of a sys- eral Reserve System. To hold hearings to examine Congress’ tem for a computerized schedule of all SD–538 constitutional role in protecting reli- meetings and hearings of Senate com- Commerce, Science, and Transportation gious liberty. mittees, subcommittees, joint commit- To hold hearings on the nominations of SD–226 tees, and committees of conference. Michael K. Powell, of Virginia, Harold Labor and Human Resources W. Furchtgott-Roth, of the District of To hold hearings to examine voluntary This title requires all such committees Columbia, and Gloria Tristani (pending initiatives to expand health insurance to notify the Office of the Senate Daily receipt by the Senate), each to be a Digest—designated by the Rules Com- Member of the Federal Communica- coverage. mittee—of the time, place, and purpose tions Commission. SD–430 of the meetings, when scheduled, and SR–253 2:00 p.m. Energy and Natural Resources Energy and Natural Resources any cancellations or changes in the National Parks, Historic Preservation, and meetings as they occur. To hold hearings on the impacts of a new climate treaty on U.S. labor, elec- Recreation Subcommittee As an additional procedure along tricity supply, manufacturing, and the To hold hearings on S. 940, to provide for with the computerization of this infor- general economy. a study of the establishment of Midway mation, the Office of the Senate Daily SD–366 Atoll as a national memorial to the Digest will prepare this information for Environment and Public Works Battle of Midway, and H.R. 765, to en- printing in the Extensions of Remarks Business meeting, to mark up S. 1180, to sure maintenance of a herd of wild section of the CONGRESSIONAL RECORD authorize funds for programs of the En- horses in Cape Lookout National Sea- on Monday and Wednesday of each dangered Species Act. shore. SD–406 SD–366 week. 10:00 a.m. Meetings scheduled for Thursday, Governmental Affairs OCTOBER 2 September 25, 1997, may be found in the To resume hearings to examine certain Daily Digest of today’s RECORD. matters with regard to the commit- 10:00 a.m. tee’s special investigation on campaign Governmental Affairs MEETINGS SCHEDULED financing. To continue hearings to examine certain SH–216 matters with regard to the commit- SEPTEMBER 26 Labor and Human Resources tee’s special investigation on campaign 12:00 p.m. To resume hearings to examine the scope financing. Conferees on H.R. 2158, making appropria- and depth of the proposed settlement SH–216 tions for the Departments of Veterans between State Attorneys General and Affairs and Housing and Urban Devel- tobacco companies to mandate a total OCTOBER 6 opment, and for sundry independent reformation and restructuring of how 10:00 a.m. agencies, commissions, corporations, tobacco products are manufactured, Governmental Affairs and offices for the fiscal year ending marketed, and distributed in America. Permanent Subcommittee on Investiga- September 30, 1998. SD–430 tions 10:30 a.m. S–128, Capitol To hold hearings to examine traditional Judiciary frauds perpetrated over the Internet. SEPTEMBER 29 Constitution, Federalism, and Property Rights Subcommittee SD–342 9:00 a.m. To hold hearings to examine unconstitu- Governmental Affairs tional set-asides, focusing on ISTEA’s OCTOBER 7 Permanent Subcommittee on Investiga- race-based set-asides after the Supreme 9:00 a.m. tions Court case ‘‘Adarand’’. Agriculture, Nutrition, and Forestry To hold hearings to review the operation SD–226 To hold hearings on proposed legislation of the Treasury Department’s Office of 2:00 p.m. relating to food safety. Inspector General. Judiciary SR–332 SD–342 To hold hearings on pending judicial 10:00 a.m. 2:00 p.m. nominations. Governmental Affairs Judiciary SD–226 To resume hearings to examine certain Administrative Oversight and the Courts matters with regard to the commit- Subcommittee OCTOBER 1 tee’s special investigation on campaign To hold hearings to review the operation 9:00 a.m. financing. of the FBI crime laboratory. Appropriations SD–226 SH–216 Labor, Health and Human Services, and 2:00 p.m. Education Subcommittee SEPTEMBER 30 Energy and Natural Resources To hold hearings to examine the health Water and Power Subcommittee 8:30 a.m. risks of 1950’s atomic tests. To hold hearings on S. 725, to direct the Veterans’ Affairs ***P***To hold hearings SD–192 Secretary of the Interior to convey the on the nominations of Hershel Wayne 9:30 a.m. Collbran Reclamation Project to the Gober, of Arkansas, to be Secretary of Commerce, Science, and Transportation Ute Water Conservancy District and Veterans Affairs, Richard J. Griffin, of To hold hearings on the nomination of the Collbran Conservancy District, S. Illinois, to be Inspector General, De- William E. Kennard, of California, to 777, to authorize the construction of partment of Veterans Affairs, William be a Member of the Federal Commu- the Lewis and Clark Rural Water Sys- P. Greene Jr., of West Virginia, to be nications Commission. tem and to authorize assistance to the an Associate Judge of the United SR–253 Lewis and Clark Rural Water System, States Court of Veterans Affairs, and Indian Affairs Inc. a nonprofit corporation, for the Espiridion A. Borrego, of Texas, to be To hold hearings on the proposed settle- Assistant Secretary of Labor for Veter- ment between State Attorneys General planning and construction of the water ans’ Employment and Training; to be and tobacco companies, focusing on the supply system, H.R. 848, to extend the followed by a business meeting to con- proposed Indian provision. deadline under the Federal Power Act sider pending calendar business. SR–485 applicable to the construction of the SR–418 10:00 a.m. AuSable Hydroelectric Project in New 9:30 a.m. Armed Services York, H.R. 1184, to extend the deadline Banking, Housing, and Urban Affairs To hold hearings on the nomination of under the Federal Power Act for the To hold hearings on the nominations of Jacques S. Gansler, of Virginia, to be construction of the Bear Creek Hydro- Laura S. Unger, of New York, and Paul Under Secretary of Defense for Acquisi- electric Project in the State of Wash- R. Carey, of New York, both to be a tion and Technology. ington, and H.R. 1217, to extend the Member of the Securities and Exchange SR–222 deadline under the Federal Power Act Commission, Dennis Dollar, of Mis- Governmental Affairs for the construction of a hydroelectric sissippi, to be a Member of the Na- To continue hearings to examine certain project in the State of Washington. tional Credit Union Administration matters with regard to the commit- SD–366 E1850 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 1997 OCTOBER 8 OCTOBER 9 OCTOBER 22 9:30 a.m. 10:00 a.m. 9:30 a.m. Energy and Natural Resources Governmental Affairs Indian Affairs To hold hearings on S. 1064, to amend the To continue hearings to examine certain To hold hearings on Indian self- Alaska National Interest Lands Con- matters with regard to the commit- goverance, focusing on proposed legis- servation Act to more effectively man- tee’s special investigation on campaign lation to extend compacting to agen- age visitor service and fishing activity financing. cies of the Department of Health and in Glacier Bay National Park. SH–216 Human Services. SD–366 2:00 p.m. SR–485 Indian Affairs To hold hearings on S. 1077, to amend the Energy and Natural Resources Indian Gaming Regulatory Act. National Parks, Historic Preservation, and OCTOBER 29 Room to be announced Recreation Subcommittee 9:30 a.m. 10:00 a.m. To hold oversight hearings on the fea- Indian Affairs Governmental Affairs sibility of using bonding techniques to To resume oversight hearings on propos- To continue hearings to examine certain finance large-scale capital projects in als to reform the management of In- matters with regard to the commit- the National Park System. dian trust funds. tee’s special investigation on campaign SD–366 Room to be announced financing. SH–216 Wednesday, September 24, 1997 Daily Digest

HIGHLIGHTS Senate passed FDA Reform. Senate Chamber Action Measures Passed: FDA Modernization and Accountability Act: By Routine Proceedings, pages S9811–S9909 98 yeas to 2 nays (Vote No. 256), Senate passed S. Measures Introduced: Nine bills and three resolu- 830, to amend the Federal Food, Drug, and Cos- tions were introduced as follows: S. 1210–1218, and metic Act and the Public Health Service Act to im- S. Res. 123–125. Pages S9886±87 prove the regulation of food, drugs, devices, and bio- Measures Reported: Reports were made as follows: logical products, as amended, and after taking action S. 1216, to approve and implement the OECD on the following amendment proposed thereto: Shipbuilding Trade Agreement. (S. Rept. No. Pages S9811±68 105–84) Adopted: S. 738, to reform the statutes relating to Amtrak, Jeffords (for Hutchinson) Modified Amendment to authorize appropriations for Amtrak, with amend- No. 1184 (to Amendment No. 1130), to improve the provisions relating to the application of Federal ments. (S. Rept. No. 105–85) law to the practice of pharmacy compounding. S. 1020, to amend the National Foundation on Page S9849 the Arts and Humanities Act of 1965 and the Art and Artifacts Indemnity Act to improve and extend Vessel Certificate of Documentation: Senate the Acts, with an amendment in the nature of a sub- passed S. 542, to authorize the Secretary of Trans- stitute. (S. Rept. No. 105–86) portation to issue a certificate of documentation with H.R. 2443, to designate the Federal building lo- appropriate endorsement for employment in the cated at 601 Fourth Street, N.W., in the District of coastwise trade for the vessel Far Horizons. Columbia, as the ‘‘Federal Bureau of Investigation, Page S9906 Washington Field Office Memorial Building’’, in Vessel Certificate of Documentation: Senate honor of William H. Christian, Jr., Martha Dixon passed S. 662, to authorize the Secretary of Trans- Martinez, Michael J. Miller, Anthony Palmisano, and portation to issue a certificate of documentation with Edwin R. Woodriffe. appropriate endorsement for employment in the H. Con. Res. 99, expressing concern over recent coastwise trade for the vessel Vortice, after agreeing events in the Republic of Sierra Leone in the wake to a committee amendment in the nature of a sub- of the recent military coup d’etat of that country’s stitute. Pages S9906±07 first democratically elected president. Vessel Certificate of Documentation: Senate S. Res. 123, honoring the memory of former Peace passed S. 880, to authorize the Secretary of Trans- Corps Director Loret Miller Ruppe. portation to issue a certificate of documentation with S. 1015, to provide for the exchange of lands appropriate endorsement for employment in the within Admiralty Island National Monument, with coastwise trade for the vessel Dusken IV, after agree- an amendment in the nature of a substitute. ing to a committee amendment in the nature of a S. 1211, to provide permanent authority for the substitute. Page S9907 administration of au pair programs. Commending Dr. Jason C. Hu: Senate agreed to S. Con. Res. 51, expressing the sense of Congress S. Res. 125, commending Dr. Jason C. Hu, Rep- regarding elections for the legislature of the Hong resentative of the Taipei Economic and Cultural Kong Special Administrative Region. Page S9980 Representative Office in the United States. Page S9907 D995 D996 CONGRESSIONAL RECORD — DAILY DIGEST September 24, 1997 Gold Medal Award: Senate passed H.R. 2248, to The treaty was transmitted to the Senate today, authorize the President to award a gold medal on considered as having been read for the first time, and behalf of the Congress to Ecumenical Patriarch Bar- referred, with accompanying papers, to the Commit- tholomew in recognition of his outstanding and en- tee on Foreign Relations and ordered to be printed. during contributions toward religious understanding Page S9906 and peace, clearing the measure for the President. Messages From the President: Senate received the Pages S9907±08 following messages from the President of the United Federal Building Designation: Senate passed States: H.R. 2443, to designate the Federal building located Transmitting the report concerning the continu- at 601 Fourth Street, N.W., in the District of Co- ation of the emergency with respect to UNITA; re- lumbia, as the ‘‘Federal Bureau of Investigation, ferred to the Committee on Banking, Housing, and Washington Field Office Memorial Building’’, in Urban Affairs. (PM–68). Page S9878 honor of William H. Christian, Jr., Martha Dixon Nominations Confirmed: Senate confirmed the fol- Martinez, Michael J. Miller, Anthony Palmisano, and lowing nominations: Edwin R. Woodriffe, clearing the measure for the Sheila Foster Anthony, of Arkansas, to be a Fed- President. Page S9908 eral Trade Commissioner for the term of seven years District of Columbia Appropriations: Senate from September 26, 1995. began consideration of S. 1156, making appropria- 1 Air Force nomination in the rank of general. tions for the government of the District of Columbia Page S9907 and other activities chargeable in whole or in part Nominations Received: Senate received the follow- against the revenues of said District for the fiscal ing nominations: year ending September 30, 1998, taking action on Arthur J. Tarnow, of Michigan, to be United amendments proposed thereto, as follows: States District Judge for the Eastern District of Pages S9868±78 Michigan. Adopted: George Caram Steeh III, of Michigan, to be Unit- Faircloth/Boxer Amendment No. 1248, to make ed States District Judge for the Eastern District of technical corrections. Page S9871 Michigan. Pending: Shaun Edward Donnelly, of Indiana, to be Ambas- Coats Amendment No. 1249, to provide scholar- sador to the Democratic Socialist Republic of Sri ship assistance for District of Columbia elementary Lanka, and to serve concurrently and without addi- and secondary school students. Pages S98871±72 tional compensation as Ambassador Extraordinary Wyden Amendment No. 1250, to establish that and Plenipotentiary of the United States of America it is the standing order of the Senate that a Senator to the Republic of Maldives. who objects to a motion or matter shall disclose the Edward S. Walker, Jr., of Maryland, to be Ambas- objection in the Congressional Record. sador to Israel. Page S9909 Pages S9872±74, S9877 Messages From the President: Page S9878 A unanimous-consent agreement was reached pro- Messages From the House: Pages S9878±79 viding for further consideration of the bill and the Measures Referred: Page S9879 amendments pending thereto, on Thursday, Septem- ber 25, 1997. Pages S9908±09 Communications: Pages S9879±80 A motion was entered to close further debate on Executive Reports of Committees: Pages S9880±86 Amendment No. 1249, listed above and, by unani- Statements on Introduced Bills: Pages S9887±97 mous consent, a vote on the cloture motion will occur on Tuesday, September 30, 1997. Additional Cosponsors: Page S9897 Pages S9877±78 Amendments Submitted: Pages S9898±S9902 Legislative Branch Appropriations—Conference Notices of Hearings: Pages S9902±03 Report: By 90 yeas to 10 nays (Vote No. 257), Sen- Authority for Committees: Page S9903 ate agreed to the conference report on H.R. 2209, making appropriations for the Legislative Branch for Additional Statements: Pages S9903±06 the fiscal year ending September 30, 1998, clearing Record Votes: Two record votes were taken today. the measure for the President. Pages S9875±77 (Total–257) Pages S9850, S9877 Removal of Injunction of Secrecy: The injunction Adjournment: Senate convened at 12 noon, and ad- of secrecy was removed from the following treaty: journed at 7:10 p.m., until 12 noon, on Thursday, Tax Treaty with Ireland (Treaty Doc. 105–31). September 25, 1997. (For Senate’s program, see the September 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D997 remarks of the Acting Majority Leader in today’s public interest land exchange, with an amendment Record on pages S9908–09.) in the nature of a substitute; S. 1092, to provide for a transfer of land interests Committee Meetings in order to facilitate surface transportation between the cities of Cold Bay, Alaska, and King Cove, Alas- (Committees not listed did not meet) ka; S. 1015, to provide for the exchange of lands FEDERAL HOUSING FINANCE BOARD within Admiralty Island National Monument, with Committee on Banking, Housing, and Urban Affairs: an amendment in the nature of a substitute; Subcommittee on Financial Institutions and Regu- S. 846, to amend the Federal Power Act to re- latory Relief concluded oversight hearings on the op- move the jurisdiction of the Federal Energy Regu- eration of the Federal Housing Finance Board, which latory Commission to license projects on fresh waters oversees the administration and enforcement of the in the State of Hawaii; Federal Home Loan Bank Act, after receiving testi- S. 439, to provide for Alaska State jurisdiction mony from Bruce A. Morrison, Chairman, Federal over small hydroelectric projects, to address vol- Housing Finance Board. untary licensing of hydroelectric projects on fresh AIR QUALITY STANDARDS waters in the State of Hawaii, and to provide an exemption for a portion of a hydroelectric project lo- Committee on Commerce, Science, and Transportation: Sub- committee on Manufacturing and Competitiveness cated in the State of New Mexico, with amend- concluded hearings to examine the economic impact ments; of the Environmental Protection Agency’s revisions S. 587, to require the Secretary of the Interior to to the particulate matter and ozone ambient stand- exchange certain lands located in Hindsdale, Colo- ards on certain manufacturers, jobs, and competitive- rado, with an amendment in the nature of a sub- ness in the United States, after receiving testimony stitute. (As approved by the committee, the amend- from Senator Inhofe; Representatives Dingell, Upton, ment incorporates provisions of H.R. 951, House and Shays; Jeffrey C. Smith, Institute of Clean Air companion measure.); Companies, Inc., Washington, D.C.; Scott Holman, S. 588, to provide for the expansion of the Eagles Sr., Bay Cast Technologies, Bay City, Michigan; B.J. Nest Wilderness within the Arapaho National Forest Mason, Mid-Atlantic Finishing, Capitol Heights, and the White River National Forest in Colorado, to Maryland, on behalf of the American Electroplaters include land known as the Slate Creek Addition, and Surface Finishers Society, the National Associa- with an amendment in the nature of a substitute. tion of Metal Finishers, and the Metal Finishing (As approved by the committee, the amendment in- Suppliers’ Association; Benjamin E. Ramsey, Indiana corporates provisions of H.R. 985, House companion Building and Construction Trades Council, Indian- measure.); apolis; Arland Stephens, Norwich, Kansas, on behalf S. 589, to provide for a boundary adjustment and of the Kansas Farm Bureau; Jason Grumet, North- land conveyance involving the Raggeds Wilderness, east States for Coordinated Air Use Management, White River National Forest in Colorado, to correct Boston, Massachusetts; and Art McGee, United the effects of earlier erroneous land surveys, with an Automobile, Aerospace and Agricultural Implement amendment in the nature of a substitute. (As ap- Workers of America, Flint, Michigan. proved by the committee, the amendment incorporates provisions of H.R. 1019, House companion BUSINESS MEETING measure.); Committee on Energy and Natural Resources: Committee S. 591, to transfer the Dillon Ranger District in ordered favorably reported the following business the Arapaho National Forest to the White River Na- items: tional Forest in the State of Colorado, with an S. 967, to amend the Alaska Native Claims Settle- amendment in the nature of a substitute. (As ap- ment Act and the Alaska National Interest Lands proved by the committee, the amendment incor- Conservation Act to benefit Alaska natives and rural porates provisions of H.R. 1020, House companion residents, with an amendment in the nature of a measure.); substitute; S. 750, to consolidate certain mineral interests in S. 1158, to amend the Alaska Native Claims Set- the National Grasslands in Billings County North tlement Act, regarding the Huna Totem Corporation Dakota, through the exchange of Federal and private public interest land exchange, with an amendment mineral interests in order to enhance land manage- in the nature of a substitute; ment capabilities and environmental and wildlife S. 1159, to amend the Alaska Native Claims Set- protection, with an amendment in the nature of a tlement Act, regarding the Kake Tribal Corporation substitute; D998 CONGRESSIONAL RECORD — DAILY DIGEST September 24, 1997 S. 660, to provide for the continuation of higher Treasury; Monsignor Lawrence F. Ballweg, New education through the conveyance of certain public York, New York; Nancy Jacobs, Bakersfield, Califor- lands in the State of Alaska to the University of nia; Katherine Lund Hicks, Apple Valley, California; Alaska, with an amendment in the nature of a sub- David Burnham, Washington, D.C.; Robert S. stitute; and Schriebman, Los Angeles, California; and Tom Sav- The nominations of Ernest J. Moniz, of Massachu- age, Lewes, Delaware. setts, to be Under Secretary, Mary Anne Sullivan, of Hearings continue tomorrow. the District of Columbia, to be General Counsel, Robert Wayne Gee, of Texas, to be Assistant Sec- BUSINESS MEETING retary for Policy, Planning, and Program Evaluation, Dan Reicher, of Maryland, to be Assistant Secretary Committee on Foreign Relations: Committee ordered fa- for Energy Efficiency and Renewable Energy, John vorably reported the following business items: C. Angell, of Maryland, to be Assistant Secretary for An original bill (S. 1211) to provide permanent Congressional and Intergovernmental Affairs, and authority for the administration of au pair programs; Michael Telson, of the District of Columbia, to be An original bill to interpret the term ‘‘kidnap- Chief Financial Officer, all of the Department of En- ping’’ in extradition treaties to which the United ergy. States is a party; S. Con. Res. 51, expressing the sense of the Con- BUSINESS MEETING gress regarding elections for the legislature of the Committee on Environment and Public Works: Commit- Hong Kong Administrative Region; tee ordered favorably reported H.R. 2443, to des- H. Con. Res. 99, expressing concern over recent ignate the Federal Building located at 601 Fourth events in the Republic of Sierra Leone in the wake Street, N.W., in the District of Columbia, as the of the recent military coup d’etat of that country’s ‘‘Federal Bureau of Investigation, Washington Field first democratically elected President; Office Memorial Building’’, in honor of William H. An original resolution (S. Res. 123) honoring the Christian, Jr., Martha Dixon Martinez, Michael J. memory of former Peace Corps Director Loret Miller Miller, Anthony Palmisano, and Edwin R. Ruppe; and Woodriffe. The nominations of Barbara K. Bodine, of Califor- AUTHORIZATION—ENDANGERED SPECIES nia, to be Ambassador to the Republic of Yemen, Committee on Environment and Public Works: Commit- Corinne Claiborne Boggs, of Louisiana, to be Ambas- tee concluded hearings on S. 1180, authorizing funds sador to the Holy See, R. Nicholas Burns, of Vir- for fiscal years 1998 through 2003 for programs of ginia, to be Ambassador to Greece, Brian Dean the Endangered Species Act, after receiving testi- Curran, of Florida, to be Ambassador to the Repub- mony from former Senator James McClure, on behalf lic of Mozambique, Thomas J. Dodd, of the District of the National Endangered Species Act Reform Coa- of Columbia, to be Ambassador to the Republic of lition; Duane L. Shroufe, Arizona Game and Fish Costa Rica, Timberlake Foster, of California, to be Department, Phoenix, on behalf of the International Ambassador to the Islamic Republic of Mauritania, Association of Fish and Wildlife Agencies; and W. Thomas M. Foglietta, of Pennsylvania, to be Ambas- Henson Moore, on behalf of the American Forest and sador to Italy, Donna Jean Hrinak, of Virginia, to be Paper Association and the Endangered Species Co- Ambassador to the Republic of Bolivia, Curtis War- ordinating Council, Mark Van Putten, National ren Kamman, of the District of Columbia, to be Wildlife Federation, and Michael J. Bean, Environ- Ambassador to the Republic of Colombia, Tom mental Defense Fund, all of Washington, D.C. McDonald, of Ohio, to be Ambassador to the Re- public of Zimbabwe, Mark Robert Parris, of Vir- IRS REFORM ginia, to be Ambassador to the Republic of Turkey, Committee on Finance: Committee continued hearings Nancy Jo Powell, of Iowa, to be Ambassador to the to examine the current state of the Internal Revenue Republic of Uganda, Robin Lynn Raphel, of Wash- Service, focusing on its practices and procedures and ington, to be Ambassador to the Republic of Tuni- its enforcement authorities to collect delinquent sia, Susan E. Rice, of the District of Columbia, to taxes, receiving testimony from Jennifer Long, be Assistant Secretary of State for African Affairs, Agent, Darren Larsen, former Assistant District Peter L. Scher, of the District of Columbia, for the Counsel, Lawrence G. Lilly, former District Counsel, rank of Ambassador during his tenure of service as David Patnoe, former Revenue Officer, Bruce A. Special Trade Negotiator, Amelia Ellen Shippy, of Strauss, former Senior Division Chief, Collections Washington, to be Ambassador to the Republic of Division, and Shelley L. Davis, former Historian, all Malawi, Edward E. Shumaker, III, of New Hamp- of the Internal Revenue Service, Department of the shire, to be Ambassador to the Republic of Trinidad September 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D999 and Tobago, Johnny Young, of Maryland, to be Am- gard to the committee’s special investigation on bassador to the State of Bahrain, Nancy Dorn, of the campaign financing, receiving testimony from Ann District of Columbia, to be a Member of the Board McBride and Donald J. Simon, both of Common of Directors of the Inter-American Foundation, Har- Cause, Norman J. Ornstein, American Enterprise In- old C. Pachios, of Maine, and Paula Dobrianksy, of stitute, Thomas E. Mann, Brookings Institution, Maryland, each to be a Member of the United States Douglas C. Berman, Campaign Reform Project, Advisory Commission on Public Diplomacy, and a Becky Cain, League of Women Voters, Edward H. Foreign Service Officer promotion list received by Crane, CATO Institute, Curtis B. Gans, Committee the Senate on September 4, 1997. for the Study of the American Electorate, and Ellen NOMINATIONS S. Miller, Public Campaign, all of Washington, Committee on Foreign Relations: Committee concluded D.C.; and Leo Troy, Rutgers University, Newark, hearings on the nominations of Thomas S. Foley, of New Jersey. Washington, to be Ambassador to Japan, Alphonse Hearings continue tomorrow. F. La Porta, of New York, to be Ambassador to Mongolia, and Stephen W. Bosworth, of Connecti- BUSINESS MEETING cut, to be Ambassador to the Republic of Korea, Committee on Labor and Human Resources: Committee after the nominees testified and answered questions ordered favorably reported the following business in their own behalf. Mr. Foley was introduced by items: Senators Gorton and Murray and Representative S. 1186, to reform Federal job training, vocational Hyde. education, and adult education programs, with CAMPAIGN FINANCING INVESTIGATION amendments; and Committee on Governmental Affairs: Committee re- A list of nominations in the Public Health Service sumed hearings to examine certain matters with re- Commissioned Corps. h House of Representatives Guest Chaplain: The prayer was offered by the Chamber Action guest Chaplain, Commissioner Robert A. Watson, Bills Introduced: 11 public bills, H.R. 2533–2543; National Commander, the Salvation Army. and 1 resolution, H. Con. Res. 157, were intro- Page H7733 duced. Page H7830 Journal: By a recorded vote of 324 ayes to 81 noes, Reports Filed: Reports were filed today as follows: Roll No. 427, the House agreed to the Speaker’s ap- H. Res. 242, waiving points of order against the proval of the Journal of Tuesday, September 23. Ear- conference report to accompany H.R. 2266, making lier, approved the Journal by a division vote of 157 appropriations for the Department of Defense for the yeas to 70 nays. Pages H7733±35 fiscal year ending September 30, 1998 (H. Rept. Motion to Adjourn: By a yea and nay vote of 59 105–267); and yeas to 342 nays, Roll No. 426, rejected the Miller H. Res. 243, providing for consideration of H.R. of California motion to adjourn. Pages H7733±34 901, to preserve the sovereignty of the United States Motion to Adjourn: By a yea and nay vote of 124 over public lands and acquired lands owned by the yeas to 293 nays, Roll No. 429, rejected the Gep- United States, and to preserve State sovereignty and hardt motion to adjourn. Earlier, agreed to table the private property rights in non-Federal lands sur- motion to reconsider ordering the yeas-and-nays by rounding those public lands and acquired lands (H. a yea and nay vote of 217 yeas to 197 nays, Roll Page H7830 Rept. 105–268). No. 428. Pages H7740±41 Speaker Pro Tempore: Read a letter from the Legislative Branch Appropriations: By a yea and Speaker wherein he designated Representative Hefley nay vote of 309 yeas to 106 nays, Roll No. 432, the to act as Speaker pro tempore for today. Page H7733 House agreed to the conference report to accompany H.R. 2209, making appropriations for the Legisla- tive Branch for the fiscal year ending September 30, 1998. Pages H7746±54 D1000 CONGRESSIONAL RECORD — DAILY DIGEST September 24, 1997 Agreed to H. Res. 238, the rule waiving points Agreed To: of order against consideration of the conference re- The Souder amendment that increases the Depart- port by a recorded vote of 408 ayes to 5 noes, Roll ment of Justice Inspector General funding by $2 No. 431. Earlier, agreed to order the previous ques- million and reduces INS funding by $3 million; tion by a yea and nay vote of 237 yeas to 186 nays, Pages H7795±96 Roll No. 430. Pages H7741±46 The Ackerman amendment that identifies an addi- Motion to Adjourn: Rejected the Tierney motion to tional $300,000 to investigate Nazi war criminals living in the United States; Page H7796 adjourn by a recorded vote of 82 ayes to 325 noes, The Watt of North Carolina amendment that Roll No. 433. Pages H7754±55 delays from March to June 1998 the implementation Presidential Message—National Emergency Re date for the INS to process fingerprint cards; UNITA: Read a message from the President where- Pages H7802±03 in he transmitted his notice concerning the national The Schumer amendment that identifies $1 mil- emergency with respect to the National Union for lion for police recruitment programs; and Page H7803 the Total Independence of Angola (UNITA)—re- The Jackson-Lee amendment that identifies ferred to the Committee on International Relations $750,000 in juvenile justice programs funding to and ordered printed (H. Doc. 105–134). Page H7759 study pornography on the Internet. Pages H7810±11 Motion to Adjourn: Rejected the Miller of Califor- Pending: nia motion to adjourn by a yea and nay vote of 66 The Hyde amendment was offered that seeks to allow an defendant who prevails in a Federal pros- yeas to 348 nays, Roll No. 434. Pages H7759±60 ecution an opportunity to recover attorney fees un- Treasury, Postal Service Appropriations: The less the government establishes that it was substan- House disagreed with the Senate amendment to tially justified in initiating and prosecuting the case; H.R. 2378, making appropriations for the Treasury Pages H7790±94 Department, the United States Postal Service, the The Scott amendment was offered that seeks to Executive Office of the President, and certain Inde- increase funding for the Boys and Girls Clubs by pendent Agencies, for the fiscal year ending Septem- $80 million; special advocate program by $13 mil- ber 30, 1998, and agreed to a conference. Appointed lion; child abuse training program by $8 million; as conferees: Representatives Kolbe, Wolf, Living- grants to combat violence against women by $40 ston, Hoyer, and Obey. As additional conferees solely million; residential substance abuse treatment grants for consideration of Titles I through IV of the House by $37 million; drug courts by $76.7 million; and bill, and Titles I through IV of the Senate amend- law enforcement family support programs by $4 mil- ment, and modifications committed to conference: lion and decrease the funding for the violent offender Representatives Istook, Northup, and Meek of Flor- incarceration and truth in sentencing incentive ida. Pages H7760±69 grants program by $258.7 million; Pages H7805±07 By a recorded vote of 412 ayes to 2 noes with 6 The Waters amendment was offered that seeks to voting ‘‘present,’’ Roll No. 436, agreed to the Hoyer increase drug courts funding by $30 million and de- motion to instruct conferees to insist on the House crease the violent offender incarceration and truth in position providing $514,000 for the fourth year of sentencing incentive grants funding accordingly; operation of the Exploited Child Unit of the Na- Pages H7807±10 tional Center for Missing and Exploited Children. The Coburn amendment was offered that seeks to Earlier agreed to order the previous question by a increase Juvenile Justice funding by $74.1 million yea and nay vote of 229 yeas to 199 nays. Roll No. and reduce Department of Commerce Advanced 435. Pages H7760±69 Technology Program funding accordingly; and By a recorded vote of 70 ayes Pages H7811±15 Motion to Adjourn: The Norton amendment was offered that seeks to to 342 noes, Roll No. 437, rejected the Eshoo mo- strike section 103 that prohibits funding for abortion to adjourn. Pages H7769±70 tions in the Federal prison system. Pages H7815±17 Commerce, Justice, State, and Judiciary Appro- Withdrawn: priations: The House completed general debate and The Weygand amendment was offered but subse- began considering amendments to H.R. 2267, mak- quently withdrawn that sought to delay the imple- ing appropriations for the Departments of Com- mentation date for the INS to process fingerprint merce, Justice, and State, the Judiciary, and related cards. Pages H7801±02 agencies for the fiscal year ending September 30, Agreed to H. Res. 239, the rule that is providing 1998. Consideration of amendments will resume on for consideration of the bill by a voice vote. Pursuant Thursday, September 25. Pages H7770±H7818 to the rule, the amendment printed in Part I of H. September 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1001 Rept. 105–264, that provides for an expedited judi- SECURITY AND FREEDOM THROUGH cial review to determine the legality and constitu- ENCRYPTION (SAFE) ACT tionality of the use of sampling for purposes of ap- Committee on Commerce: Ordered reported amended portionment or redistricting, was considered as H.R. 695, Security and Freedom Through adopted. Pages H7755±59 Encryption (SAFE) Act. Tribute to Americans of Austrian Heritage: The ELECTRICITY COMPETITION House agreed to H. Res. 217, recognizing the important contributions made by Americans of Aus- Committee on Commerce: Subcommittee on Energy and trian heritage. Page H7818 Power held a hearing on Electricity Competition: Necessary Federal and State Roles. Testimony was Senate Messages: Message received from the Senate heard from Jay E. Hakes, Administrator, Energy In- today appears on page H7733. formation Administration, Department of Energy; Amendments: Amendments printed pursuant to the Jeanne Shaheen, Governor, State of New Hampshire; rule appear on page H7831. Jeff Groscost, Representative, State of Arizona; Jack- Quorum Calls—Votes: Seven yea-and-nay votes and son E. Reasor, Jr., Senator, State of Virginia; Wayne five recorded votes developed during the proceedings Shirley, Chairman, Public Utility Commission, State of the House today and appear on pages H7733–34, of New Mexico; Denise Bode, Commissioner, Cor- H7734–35, H7740–41, H7741, H7745, H7745–46, poration Commission, State of Oklahoma; P. Greg- H7753–54, H7754–55, H7759–60, H7768, ory Conlon, President, Public Utilities Commission, H7768–69, and H7769–70. There were no quorum State of California; Marsha H. Smith, Commissioner, calls. Public Utilities Commission, State of Idaho; and public witnesses. Adjournment: Met at 10:00 a.m. and adjourned at 11:21 p.m. CONGRESSIONAL IMMUNITY Committee on Government Reform and Oversight: Ap- Committee Meetings proved granting of Congressional immunity to certain witnesses. MISCELLANEOUS MEASURES DORNAN V. SANCHEZ—CONTESTED Committee on Agriculture: Ordered reported the follow- ELECTION ing bills: H.R. 2493, amended, Forage Improvement Act of 1997; H.R. 1779, to make minor adjustment Committee on House Oversight: Ordered reported a reso- in the exterior boundary of the Devils Backbone lution that the Office of the United States Attorney Wilderness in the Mark Twain National Forest, MO, for the Central District of California file criminal to exclude a small parcel of land containing im- charges against Hermandad Mexicana National for provements; H.R. 1789, to reauthorize the dairy in- failure to comply with a valid subpoena under the demnity program; and H.R. 2366, Census of Agri- Federal Contested Election Act. culture Act of 1997. FAST TRACK DEBIT CARDS AND UNSOLICITED LOAN Committee on International Relations: Subcommittee on CHECKS International Economic Policy and Trade concluded hearings on Fast Track: On Course or Derailed? Nec- Committee on Banking and Financial Services: Sub- essary or Not? Testimony was heard from Stuart committee on Financial Institutions and Consumer Eizenstat, Under Secretary, Economic and Agricul- Credit held a hearing on issues relating to debit tural Affairs, Department of State; and Timothy cards and unsolicited loan checks. Testimony was Hauser, Under Secretary, International Trade Ad- heard from Representatives Lucas of Oklahoma, ministration, Department of Commerce. Hinchey and Barrett of Wisconsin; Laurence Meyer, member, Board of Governors, Federal Reserve Sys- CABLE TV INDUSTRY—COMPETITION tem; and public witnesses. Committee on the Judiciary: Held an oversight hearing SOCIAL SECURITY—PROTECTING ITS on the State of Competition in the Cable Television FUTURE Industry. Testimony was heard from Reed Hundt, Chairman, FCC; and public witnesses. Committee on the Budget: Held a hearing on Protecting the Future of Social Security. Testimony was heard OVERSIGHT—TEMPORARY from Jose Pinera, former Minister of Labor and So- AGRICULTURAL WORK VISA PROGRAMS cial Security, Chile. Committee on the Judiciary: Subcommittee on Immi- Hearings continue October 1. gration and Claims held an oversight hearing on D1002 CONGRESSIONAL RECORD — DAILY DIGEST September 24, 1997 temporary agricultural work visa programs. Testi- MISCELLANEOUS TRANSPORTATION mony was heard from public witnesses. MEASURES; WATER RESOURCES SURVEY RESOLUTIONS MISCELLANEOUS MATTERS Committee on Transportation and Infrastructure: Ordered Committee on Resources: Approved a motion to author- reported amended H.R. 2516, to extend the Inter- ize the Chairman to issue subpoenas for the produc- modal Surface Transportation Efficiency Act of 1991 tion of records related to the Committee’s review of through March 31, l998. the designation of the Grand Staircase-Escalante Na- The Committee also approved the following: a tional Monument. Committee resolution on the reauthorization of sur- The Committee also held a hearing on H.R. 1842, face transportation programs; and 2 Water Resources to terminate further development and implementa- Survey Resolutions. tion of the American Heritage Rivers Initiative. Tes- The Committee also concluded markup of H.R. timony was heard from Representatives Johnson of 2400, Building Efficient Surface Transportation and Connecticut, Kanjorski, Herger, Stearns, Scott, Hast- Equity Act of 1997. ings of Washington, Reyes and Emerson; Kathleen f A. McGinty, Chair, Council on Environmental Qual- COMMITTEE MEETINGS FOR ity; and public witnesses. THURSDAY, SEPTEMBER 25, 1997 CONFERENCE REPORT—DEFENSE (Committee meetings are open unless otherwise indicated) APPROPRIATIONS Senate Committee on Rules: Granted, by voice vote, a rule Committee on Banking, Housing, and Urban Affairs, busi- waiving all points of order against the conference re- ness meeting, to mark up proposed legislation to author- port to accompany H.R. 2266, making appropria- ize funds for the transit provisions of the Intermodal Sur- tions for the Department of Defense for the fiscal face Transportation Efficiency Act (ISTEA), 10 a.m., year ending September 30, 1998, and against its SD–538. consideration. The rule provides that the conference Committee on Commerce, Science, and Transportation, to hold hearings on S. 852, to establish nationally uniform report shall be considered as read. Testimony was requirements regarding the titling and registration of sal- heard from Repesentatives Young of Florida and vage, nonrepairable, and rebuilt vehicles, 10 a.m., Murtha. SR–253. Committee on Energy and Natural Resources, to hold over- AMERICAN LAND SOVEREIGNTY sight hearings on the Federal agency energy management PROTECTION ACT provisions of the Energy Policy Act of 1992, 9:30 a.m., SD–366. Committee on Rules: Granted, by voice vote, an open Subcommittee on Forests and Public Land Manage- rule providing 1 hour of debate on H.R. 901, Amer- ment, to hold hearings on S. 799, to direct the Secretary ican Land Sovereignty Protection Act. The rule of the Interior to transfer to the personal representative makes in order the Committee on Resources amend- of the estate of Fred Steffens of Big Horn County, Wyo- ment in the nature of a substitute as an original bill ming, certain land compromising the Steffens family for the purpose of amendment. The rule provides property, S. 814, to direct the Secretary of the Interior that the substitute shall be considered as read. The to transfer to John R. and Margaret J. Lowe of Big Horn rule authorizes the Chair to accord priority in rec- County, Wyoming, certain land so as to correct an error ognition to Members who have pre-printed their in the patent issued to their predecessors in interest, and amendments in the Congressional Record. Finally, H.R. 960, to validate certain conveyances in the City of Tulare, Tulare County, California, 2 p.m., SD–366. the rule provides one motion to recommit, with or Committee on Finance, to continue hearings to examine without instructions. Testimony was heard from the practices and procedures of the Internal Revenue Serv- Representatives Young of Alaska and Miller of Cali- ice, 9 a.m., SD–106. fornia. Committee on Foreign Relations, Subcommittee on African Affairs, to hold hearings to examine religious persecution EDUCATION—CURRICULUM in Sudan, 10 a.m., SD–419. DEVELOPMENT Full Committee, to hold hearings on the Maritime Boundary Treaty with Mexico (Treaty Doc. 96–6), Proto- Committee on Science: Held a hearing on Science, Math, col Amending the 1916 Convention for the Protection of Engineering and Technology Education—Curriculum Migratory Birds (Treaty Doc. 104–28), and Protocol with Development. Testimony was heard from Bruce Mexico Amending Convention for Protection of Migra- Alberts, President, National Academy of Sciences; tory Birds and Game Mammals (Treaty Doc. 105–26), 2 and public witnesses. p.m., SD–419. September 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1003

Committee on Governmental Affairs, to continue hearings Subcommittee on Courts and Intellectual Property, to examine certain matters with regard to the commit- hearing on the following bills: H.R. 1063, to amend the tee’s special investigation on campaign financing, 10 Webb-Kenyon Act to allow any State, territory, or pos- a.m., SH–216. session of the United States to bring an action in Federal Committee on Labor and Human Resources, to resume hear- court to enjoin violations of that Act or to enforce the ings to examine the scope and depth of the proposed set- laws of such State, territory, or possession with respect to tlement between State Attorneys General and tobacco such violations; and H.R. 1534, Private Property Rights companies to mandate a total reformation and restructur- Implementation Act of 1997, 10 a.m., 2237 Rayburn. ing of how tobacco products are manufactured, marketed, Committee on Resources, Subcommittee on Fisheries Con- and distributed in America, 10 a.m., SD–430. servation, Wildlife and Oceans, hearing on H.R. 2376, Committee on Rules and Administration, to hold hearings National Fish and Wildlife Foundation Establishment to examine U.S. Capitol security issues, 9:30 a.m., SR–301. Act Amendments of 1997, 10 a.m., 1334 Longworth. Subcommittee on Forests and Forest Health, hearing NOTICE on H.R. 434, to provide for the conveyance of small par- For a listing of Senate committee meetings sched- cels of land in the Carson National Forest and the Santa uled ahead, see pages E1849–50 in today’s Record. Fe National Forest, NM, to the village of El Rito and the town of Jemez Springs, NM, 2 p.m., 1324 Longworth. House Subcommittee on National Parks and Public Lands, Committee on Agriculture, Subcommittee on Forestry, Re- oversight hearing on Everglades National Park and the source Conservation, and Research, to consider legislation Miccosukee Tribe of Indians in Florida, 10 a.m., 1324 to reauthorize Title VIII of the Federal Agriculture Im- Longworth. provement and Reform Act, 10 a.m., 1300 Longworth. Committee on Science, Subcommittee on Basic Research, Committee on Banking and Financial Services, hearing on hearing on Domain Name System, Part I, 10 a.m., 2318 the Department of the Treasury’s proposed rules regard- Rayburn. ing the management of federal agency payments through Subcommittee on Technology, hearing on Promoting the use of Electronic Funds Transfer, 9:30 a.m., 2128 Technology Transfer by Facilitating Licenses to Federally- Rayburn. Owned Inventions, 2:30 p.m., 2318 Rayburn. Committee on Commerce, to mark up the following bills: Committee on Veterans’ Affairs, Subcommittee on Over- H.R. 1411, amended, Prescription Drug User Fee Reau- sight and Investigations, hearing on the Year 2000 (Y2K) thorization and Drug Regulatory Modernization Act of computer compliance issues and their impact on the De- 1997; H.R. 2469, amended, Food and Nutrition Informa- partment of Veterans Affairs, 9:30 a.m., 334 Cannon. tion Reform Act of 1997; and H.R. 1710, amended, Committee on Ways and Means, Subcommittee on Health, Medical Device Regulatory Modernization Act of 1997, hearing on implementation of the Health Insurance Port- 10 a.m., 2123 Rayburn. ability and Accountability Act of 1996, 10 a.m., 1310 Committee on Government Reform and Oversight, Sub- Longworth. committee on Civil Service, to continue hearings on Em- Subcommittee on Social Security, oversight hearing on ployment Discrimination in the Federal Workplace, Part the SSA’s progress in conducting continuing disability re- II, 9 a.m., 2154 Rayburn. Subcommittee on Human Resources, hearing on views, 1 p.m., 1100 Longworth. Pfiesteria and Food Safety: The Federal and State Re- Joint Meetings sponse, 10 a.m., 2247 Rayburn. Committee on the Judiciary, Subcommittee on Commer- Conferees, on H.R. 2159, making appropriations for for- cial and Administrative Law, oversight hearing on the eign operations, export financing, and related programs Role of Congress in Monitoring Administrative Rule- for the fiscal year ending September 30, 1998, 4 p.m., making, 10 a.m., 2141 Rayburn. S–5, Capitol. D1004 CONGRESSIONAL RECORD — DAILY DIGEST September 24, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Thursday, September 25 10 a.m., Thursday, September 25

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Consideration of the conference of S. 1156, District of Columbia Appropriations, 1998. report to accompany H.R. 2266, DOD Appropriation Act (rule waiving points of order); Continue consideration of H.R. 2267, Commerce, Jus- tice, State and the Judiciary Appropriations Act (open rule); and Consideration of H.R. 901, American Land Sovereignty Protection Act (open rule, 1 hour of debate).

Extension of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E1839 Olver, John W., Mass., E1847 Johnson, Jay W., Wis., E1831 Packard, Ron, Calif., E1831, E1843 Barcia, James A., Mich., E1841 Kaptur, Marcy, Ohio, E1832 Poshard, Glenn, Ill., E1839 Bilirakis, Michael, Fla., E1845 Kennelly, Barbara B., Conn., E1833 Riggs, Frank, Calif., E1832 Boehner, John A., Ohio, E1834 Kildee, Dale E., Mich., E1838 Rogan, James E., Calif., E1847 Brown, Corrine, Fla., E1844 Kucinich, Dennis J., Ohio, E1842, E1843, E1844, E1845, Schumer, Charles E., N.Y., E1841 Calvert, Ken, Calif., E1843 E1846, E1848 Serrano, Jose´ E., N.Y., E1837, E1840 Crane, Philip M., Ill., E1835 Lantos, Tom, Calif., E1840 Sherman, Brad, Calif., E1847 Dooley, Calvin M., Calif., E1846 McKeon, Howard P. ‘‘Buck’’, Calif., E1834, E1836 Stark, Fortney Pete, Calif., E1843, E1845 Farr, Sam, Calif., E1833 Maloney, Carolyn B., N.Y., E1836 Stump, Bob, Ariz., E1844 Fox, Jon D., Pa., E1831 Menendez, Robert, N.J., E1845 Tauscher, Ellen O., Calif., E1837 Gilman, Benjamin A., N.Y., E1835, E1838 Murtha, John P., Pa., E1837 Visclosky, Peter J., Ind., E1832, E1833, E1839 Goodling, William F., Pa., E1844 Neal, Richard E., Mass., E1838 Weldon, Curt, Pa., E1835, E1844 Goss, Porter J., Fla., E1836 Oberstar, James L., Minn., E1832 Weller, Jerry, Ill., E1835

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