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

Vol. 144 WASHINGTON, TUESDAY, JULY 21, 1998 No. 98 House of Representatives The House met at 9 a.m. and was Let me begin by making the majority nore the fact that the Constitution called to order by the Speaker pro tem- position on the Census very clear. We gives Congress the responsibility to di- pore (Mr. DEAL of Georgia). want to save the Census from failure. rect how the Census is conducted. f The General Accounting Office and the Much of the Census is about trust. The DESIGNATION OF SPEAKER PRO Commerce Department’s own Inspector American people have to trust the out- TEMPORE General have warned that the Clinton come of the Census or else it is worth- administration is risking a failed Cen- less. The SPEAKER pro tempore laid be- sus plan. Their plan is too complicated fore the House the following commu- and relies on unrealistic assumptions If the administration ignores Con- nication from the Speaker: and timelines. We cannot allow the gress, they will guarantee a failed Cen- WASHINGTON, DC, Census to fail. The 2000 Census will sus. They need to work with us so all July 21, 1998. cost about $4 billion, and we cannot Americans have faith that the process I hereby designate the Honorable NATHAN risk that kind of money on a plan that was inclusive and open. DEAL to act as Speaker pro tempore on this day. probably will not work. That is why I was disappointed to What Republicans want to do is work NEWT GINGRICH, with the administration to save the hear last week that President Clinton Speaker of the House of Representatives. wants to shut down the government f Census. We have some very specific problems with the administration’s over the Census. He wants to sign a bill MORNING HOUR DEBATES plan. Experience has shown that sam- that provides 6 months of funding for The SPEAKER pro tempore. Pursu- pling used on a large scale just is not the whole Commerce Department, the ant to the order of the House of Janu- accurate enough for a Census. whole State Department, and Justice ary 21, 1997, the Chair will now recog- In 1990 the Census Bureau tested Department, so he can have leverage nize Members from lists submitted by sampling and compared it to the actual over the Census. enumeration. For cities and towns with the majority and minority leaders for Can Members believe the President morning hour debates. The Chair will populations under 100,000, the actual wants to take cops off the street to get alternate recognition between the par- enumeration, that is, counting every- ties, with each party limited to 25 min- one, proved to be more accurate and re- his way over the Census? Can Members utes, and each Member, except the ma- liable. So we do not believe we should believe the President wants to hold jority leader, the minority leader, or spend $4 billion on a plan that has U.S. foreign policy hostage to the Cen- the minority whip, limited to 5 min- failed its only test. That does not seem sus? Why would he want to shut down utes, but in no event shall debate con- to make much sense. the Border Patrol over the Census? It tinue beyond 9:50 a.m. Another major problem is the dele- is irresponsible, and goes against his The Chair recognizes the gentleman tion of Americans from the official 1995 statement when he said, ‘‘It is from Florida (Mr. MILLER) for 5 min- Census count. Again, when they tried wrong, deeply wrong, to shut down the utes. this in 1990, 1.46 million Americans government while we negotiate.’’ Work f were removed from the sampled Cen- with Congress, Mr. Speaker, and we URGING THE PRESIDENT TO WORK sus. Under the Clinton Census plan, it will have a better Census. will happen again. It is wrong to use WITH CONGRESS TO SAVE THE statistics to remove individuals from I was, along with many of my col- CENSUS the Census count. Because statistics is leagues, saddened by comments made Mr. MILLER of Florida. Mr. Speaker, an imprecise science, real Americans by Vice President GORE at the annual I rise today to address the increasing who exist will be removed from the NAACP convention. He told the par- partisanship of the White House over count, and cities and towns all across ticipants that the Republicans ‘‘don’t their embattled Census plan. Last week America will lose representation. even want to count you in the Census.’’ the White House made two comments If Members are concerned about the These outrageous comments do noth- that demonstrated how far they will go undercount, as I am, then they have to ing to unite America, and do nothing to get their way. be equally concerned about a Census to help save the 2000 Census from fail- First, they announced their intention that removes real people from the offi- ure. to shut down a huge part of govern- cial count. They, too, would be under- ment over the Census, and later in the counted under sampling. Congressional Republicans are pre- week the Vice President made some ra- We are concerned that the adminis- pared to make an unprecedented effort cially divisive and inaccurate com- tration is moving forward without the to count all Americans. We have pro- ments. consent of Congress. They simply ig- vided more money than the President

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.

H5959

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VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5960 CONGRESSIONAL RECORD — HOUSE July 21, 1998 requested so we can do a much better incidence of gun violence. So far, not That is wrong. It is unfair. Frankly, job of counting minorities. I hope the one has been scheduled to come to this really, it is immoral that our tax code administration stops trying to divide floor. punishes society’s most basic institu- America over the Census, because that Finally, in the area of Internet con- tion for 21 million married working will not lead to a more accurate Cen- nection, that promise was to be made couples; that is, $1,400 in higher taxes. sus, and it certainly will not increase through the mechanism of the E-Rate, Let me give an example of a south trust in the Census. a heavily discounted fee that would be suburban couple from Illinois that suf- Mr. President, work with Congress. I available particularly to inner city fers the marriage tax penalty. The gen- ask the President to stop holding the schools, rural schools, but all Amer- tleman in the couple is a machinist at rest of government hostage to getting ican schools and libraries would bene- Caterpillar. That is where they make his way on the Census. Stop trying to fit, to some degree. This was the prom- the big heavy earth-moving equipment divide America against one another. ise of the Telecommunications Act of in Joliet. This machinist makes $35,500. Work with Congress, and together we 1996, and yet this promise has yet to be If he is single, under our tax code he can save the 2000 Census. fully implemented. Indeed, today there files and, of course, with the standard f are some in Congress who are threaten- exemption and deduction, he is in the ing to repeal that provision, leaving be- 15 percent tax bracket. THE WELL-BEING OF AMERICA’S hind the most needy children from the He meets a schoolteacher, a school- FAMILIES DEPENDS UPON THE information superhighway. teacher in the public schools. She has HEALTH OF OUR SCHOOLS AND There is no reason for us to shrug our an identical income of $35,500. If she LIBRARIES shoulders, no excuse for inaction. We stayed single, just like her machinist The SPEAKER pro tempore. Under know the problems. We in Congress fiance, she would be in the 15 percent the Speaker’s announced policy of Jan- have made the commitments. We cur- tax bracket. Under our tax code, if uary 21, 1997, the gentleman from Or- rently have the strongest economy of a they choose to get married, they will egon (Mr. BLUMENAUER) is recognized generation. Indeed, some of my friends file jointly. When they file jointly, be- during morning hour debates for 5 min- in the Republican leadership feel we cause they combine their income, and utes. have so much money that they feel their combined income is $61,000, that Mr. BLUMENAUER. Mr. Speaker, comfortable contemplating a $1 trillion pushes them into a higher tax bracket. the goal of those of us here in Congress tax cut over the next 10 years. They are now taxed in the 28 percent should be to be a full partner for the I would suggest that, first and fore- tax bracket just because they are mar- American people, who really care about most, we tend to knitting by first fully ried, producing an almost $1,400 mar- funding our commitment to special the essentials. They want their chil- riage tax penalty just because they are education; by passing commonsense dren to be safe when they go out the married. door to school in the morning, they are legislation to reduce gun access, the That is wrong that this couple, just concerned about the family’s economic cap laws that would mandate safe stor- because they choose to get married, security, and they want them to be age and responsible gun ownership; and pay higher taxes. If we think about it, healthy, physically and environ- finally, keep our commitments to our what is the bottom line, here? We pro- schools and libraries by fully funding mentally. pose the Marriage Tax Elimination Act the E-Rate. Americans and their chil- This well-being of our families de- which puts a working married couple dren deserve no less from this Con- pends upon the health of our schools. like our machinist and schoolteacher gress. There are some in Congress who would on parity with an identical married turn their back upon the historic re- f couple that lives outside marriage. sponsibility that the Federal Govern- FOLLOWING THROUGH ON THE In 1996 this House of Representatives ment has had with education, claiming COMMITMENT OF THE HOUSE TO led the way by working to provide an that this is exclusively a State or a ELIMINATE THE MARRIAGE TAX adoption tax credit to help families local responsibility. Nothing could be PENALTY provide a loving home for a child in further from the truth. The Federal The SPEAKER pro tempore. Under need of adoption. In 1997 this House led Government has always played a major the Speaker’s announced policy of Jan- the way in convincing the President role in education, starting from the uary 21, 1997, the gentleman from Illi- and the Senate that we should provide Land Ordinance Act of 1785 through the nois (Mr. WELLER) is recognized during a $500 per child tax credit which will GI bill to school lunches today. morning hour debates for 5 minutes. benefit 3 million Illinois children. That There are three critical areas that we Mr. WELLER. Mr. Speaker, earlier helped families. Of course, this year we must address here in this Congress: as- this summer this House made a com- can help families again by strengthen- sistance for the children who are the mitment to eliminate the marriage tax ing marriage and no longer punishing most difficult and expensive to edu- penalty. I thought this morning that I marriage. cate; the reduction of gun violence, so would talk about why it is so impor- Let me share how we propose elimi- that families can have peace of mind tant that we follow through on that nating the marriage tax penalty. The when the children go to school; and the commitment, and follow through on Marriage Tax Elimination Act, H.R. promotion of computer skills and ac- that commitment with a series of sim- 3734, is very simple. It is legislation cess that are so essential for success in ple questions that I hear in the South which essentially doubles relief for today’s world. suburbs and the South Side of Chicago, working married couples by doubling Congress mandated, appropriately so, the area that I have the privilege of the standard deduction from its cur- in the 94th Congress that there would representing. rent level of $4,150 to $8,300, and also be special education access for children That is, do Americans feel that it is doubling the income tax threshold, with severe learning disabilities, but fair that our tax code imposes a higher which of course you file in the 15 per- along with that mandate came a prom- tax on married working couples? Do cent if you are single, and just over ise of 40 percent funding from the Fed- Americans feel it is fair that 21 million 24,000, doubling that to a little over eral Government, appropriately, for married working couples pay, on aver- 49,000. these children are the most difficult age, $1,400 more in higher taxes just be- So when you are single and you and expensive to educate. Yet, we are cause they are married? Do Americans choose to get married, your tax essen- contemplating only 9 percent Federal feel that is fair that this couple pays tially doubles. Your rates are double funding in place of that 40 percent com- higher taxes than an identical couple the income. That brings fairness to the mitment. that lives together outside of mar- tax code. That is a very simple way of In the area of gun safety, we have riage? Do Americans feel it is fair that eliminating the marriage tax penalty seen example after example across this our tax code actually provides an in- under the Marriage Tax Elimination country where carnage has erupted on centive to get divorced, because the Act, doubling the standard deduction, our schoolyards. Yet, at the same time, only way today to avoid the marriage doubling rates, so married taxpayers this Congress has a number of bills be- tax penalty is to get divorced and to are not punished just because they are fore it that are designed to reduce the file that paperwork? married. That is a simple solution.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5961 This House, of course, made a com- Mr. Speaker I ask Members to make I think the issue of the marriage penalty can mitment about 2 months ago to address a bipartisan commitment to eliminate best be framed by asking these questions: Do and eliminate the marriage tax pen- the marriage tax penalty. This House Americans feel it's fair that our tax code im- alty. Our friend, the President, he has of Representatives made a commit- poses a higher tax penalty on marriage? Do a proposal of his own which he says is ment earlier this summer to address Americans feel it's fair that the average mar- a better idea. He says we should just the marriage tax penalty, and make ried working couple pays almost $1,400 more expand the child care tax credit for elimination the centerpiece of this in taxes than a couple with almost identical in- families that are lower-income and, of year’s budget. come living together outside of marriage? Is it course, happen to have children. So I Let us follow through on that com- right that our tax code provides an incentive to thought I would compare, for this ma- mitment. Let us help working families. get divorced? chinist and this schoolteacher in Jo- Let us eliminate the marriage tax pen- liet, Illinois, which is really better. alty. For 21 million couples, $1,400, that In fact, today the only form one can file to Under the President’s proposal, under is real money for real people. Let us avoid the marriage tax penalty is paperwork the President’s proposal for a child tax help married couples, and eliminate for divorce. And that is just wrong! credit, those couples or families that the marriage tax penalty now. Since 1969, our tax laws have punished have qualified for the President’s ex- Mr. Speaker, I rise today to highlight what is married couples when both spouses work. For panded tax credit, and they already arguably the most unfair provision in the U.S. no other reason than the decision to be joined have one, he just wants to make it a Tax code: the marriage tax penalty. I want to in holy martrimony, more than 21 million cou- little bigger, they would see about a thank you for your long term interest in bring- ples a year are penalized. They pay more in $350 net increase on take-home pay, ing parity to the tax burden imposed on work- taxes than they would if they were single. Not money to spend on child care. ing married couples compared to a couple liv- only is the marriage penalty unfair, it's wrong I looked into this and asked some ing together outside of marriage. that our tax code punishes society's most local day care providers in Joliet, what In January, President Clinton gave his State basic institution. The marriage tax penalty does that mean? They said that the av- of the Union Address outlining many of the exacts a disproportionate toll on working erage weekly day care cost is about things he wants to do with the budget surplus, women and lower income couples with chil- $127 in Joliet, so under the President’s a surplus provided by the bipartisan budget dren. In many cases it is a working women's proposal, for a working married couple agreement which: cut waste, put America's fis- issue. with a child who goes to day care, they cal house in order, and held Washington's feet Let me give you an example of how the would see just less than 3 weeks of day to the fire to balance the budget. care financed by the President’s pro- While President Clinton paraded a long list marriage tax penalty unfairly affects middle posal. If we compare this with this ma- of new spending totaling at least $46±$48 bil- class married working couples. chinist and schoolteacher, eliminating lion in new programsÐwe believe that a top For example, a machinist, at a Caterpillar the marriage tax penalty, $1,400, with priority should be returning the budget surplus manufacturing plant in my home district of Jo- the same weekly day care costs for this to America's families as additional middle- liet, makes $30,500 a year in salary. His wife machinist and schoolteacher, if they class tax relief. is a tenured elementary school teacher, also have a child in day care, it is almost 3 This Congress has given more tax relief to bringing home $30,500 a year in salary. If they months’ worth of day care. So which is the middle class and working poor than any would both file their taxes as singles, as indi- better, 3 months or 3 weeks? Congress of the last half century. viduals, they would pay 15%. MARRIAGE PENALTY EXAMPLE IN THE SOUTH SUBURBS

Machinist School Teacher Couple Weller/McIntosh II

Adjusted Gross Income ...... $30,500 ...... $30,500 ...... $61,000 ...... $61,000 Less Personal Exemption and Standard Deduction ...... 6,500 ...... 6,500 ...... 11,800 ...... 13,100 (Single2) Taxable Income ...... 23,950 ...... 23,950 ...... 49,200 ...... 47,900 (.15) ...... (.15) ...... (Partial .28) ...... (.15) Tax Liability ...... 3,592.5 ...... 3,592,5 ...... 8,563 ...... 7,185 ...... Marriage Penalty: $1,378 ...... Relief: $1,378 Weller-McIntosh II Eliminates the Marriage Tax Penalty

But if they chose to live their lives in holy Additionally the bill will increase the stand- emphatically that, quote ``the era of big gov- matrimony, and now file jointly, their combined ard deduction for married couples (currently ernment is over.'' income of $61,000 pushes them into a higher $6,900 to twice that of singles (currently at We must stick to our guns, and stay the tax bracket of 28 percent, producing a tax $4,150). Under the Weller-McIntosh legislation course. There never was an American appe- penalty of $1,400 in higher taxes. the standard deduction for married couples fil- On average, America's married working ing jointly would be increased to $8,300. tite for big government, but there certainly is for reforming the existing way government couples pay $1,400 more a year in taxes than Our new legislation builds on the momen- does business. And what better way to show individuals with the same incomes. That's seri- tum of their popular H.R. 2456 which enjoyed ous money. Millions of married couples are the support of 238 cosponsors and numerous the American people that our government will still stinging from April 15th's tax bite and family, women and tax advocacy organiza- continue along the path to reform and prosper- more married couples are realizing that they tions. Current law punishes many married cou- ity than by eliminating the marriage tax pen- are suffering the marriage tax penalty, particu- ples who file jointly by pushing them into high- alty. larly if you think of it in terms of: a down pay- er tax brackets. It taxes the income of the Ladies and Gentleman, we are on the verge ment on a house or a car, one years tuition at families' second wage earnerÐoften the wom- of running a surplus. It's basic math. It means a local community college, or several months' an's salaryÐat a much higher rate than if that worth of quality child care at a local day care Americans are already paying more than is salary was taxed only as an individual. Our bill needed for government to do the job we ex- center. already has broad bipartisan cosponsorship by pect of it. To that end, Congressman David McIntosh Members of the House and a similar bill in the and I have authored the Marriage Tax Penalty Senate also enjoys widespread support. What better way to give back than to begin Elimination Act. with mom and dad and the American familyÐ The Marriage Tax Penalty Elimination Act It isn't enough for President Clinton to sug- the backbone of our society. We ask that will increase the tax brackets (currently at 15% gest tax breaks for child care. The President's for the first $24,650 for singles, whereas mar- child care proposal would help a working cou- President Clinton join with Congress and ried couples filing jointly pay 15% on the first ple afford, on average, three weeks of day make elimination of the marriage tax penalty, $41,200 of their taxable income) to twice that care. Elimination of the marriage tax penalty a bipartisan priority. Of all the challenges mar- enjoyed by singles; the Weller-McIntosh pro- would give the same couple the choice of pay- ried couples face in providing home and posal would extend a married couple's 15% ing for three months of child careÐor address- hearth to America's children, the U.S. tax code tax bracket to $49,300. Thus, married couples ing other family priorities. After all, parents should not be one of them. know better than Washington what their family would enjoy an additional $8,100 in taxable in- Let's eliminate The Marriage Tax Penalty come subject to the low 15% tax rate as op- needs. and do it now! posed to the current 28% tax rate and would We fondly remember the 1996 State of the result in up to $1,053 in tax relief. Union address when the President declared

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00003 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5962 CONGRESSIONAL RECORD — HOUSE July 21, 1998 THE PATIENTS’ PROTECTION ACT the care they need. They should be paid uary 21, 1997, the gentleman from Ar- The SPEAKER pro tempore. Under on the basis of the excellent care they kansas (Mr. HUTCHINSON) is recognized the Speaker’s announced policy of Jan- are capable of giving. during morning hour debates for 5 min- uary 21, 1997, the gentleman from West The Patients’ Protection Act also utes. Virginia (Mr. WISE) is recognized dur- has accountability. It has enforce- Mr. HUTCHINSON. Mr. Speaker, in ing morning hour debates for 4 min- ability, for the patient to enforce the the midst of our important work on ap- utes. provisions on insurance plans. It is not propriation bills in this body we are en- Mr. WISE. Mr. Speaker, I say to my fair that that a physician, in the best gaged in another struggle, in a historic friend, the gentleman from Illinois, exercise of his or her judgment, would debate on campaign finance reform. I perhaps the ultimate test of the mar- try to prescribe a treatment, say a say it is historic because of the depth riage tax is that it truly shows that CAT scan, and the insurance company of the problem we are addressing, but couples love each other if they are still refuses to pay for it, therefore making also because of the length of the de- willing to get married, knowing they it not available to that physician to bate. It has been a long debate. We are going to pay more for the privilege. prescribe and to that patient. have engaged in over 20 hours of debate Mr. Speaker, I want to talk about the Should something happen, who is it on this floor on the reform legislation. Patients’ Protection Act. It is essential that gets sued? The physician gets I rise today in support of the base that it be debated on this floor, and I sued, but the people who actually put bill, which is the Bipartisan Campaign mean a full Patient Protection Act it into motion do not. What this would Integrity Act. It is Hutchinson-Allen, that protects patients who are in man- say is that everybody is going to be the freshman bill that has been offered aged care plans. That is why I was held accountable in the same way. to this body on which all of the 11 sub- The Congressional Budget Office, no number 29 out of 159 that have so far stitute amendments hinge. friend of the Democratic Party but run signed the discharge petition, an ex- Presently we have debated three of by the Republican Party, has esti- traordinary remedy, to bring this bill the substitute amendments. We are mated the increased cost would be, at to the floor, to force it to the floor so presently on the Shays-Meehan sub- the most, about $2 per month to con- this entire House can vote on it, be- stitute. We are going to have a vote on sumers, $4 per month overall. That is cause it is very likely that the House that in the near future, and then, be- not very much to pay for an adequate will not get to vote on this bill unless fore the August recess, we will have Bill of Rights. final action on the campaign finance we get this discharge petition signed The plan that we support would apply reform legislation. We will have a vote by 218 Members. One hundred fifty-nine to 161 million Americans. Regrettably, of us signed it yesterday. I was pleased on the Hutchinson-Allen freshman bill. the one the Republican leadership I ask my colleagues to join me in to be the 29th in line to sign it. wants to put forward would apply to We support a bipartisan Patients’ continuing to keep our eye and our only 48 million Americans. In West Vir- focus on the Bipartisan Campaign In- Protection Act, a Patients’ Protection ginia, this is a fast-growing area of tegrity Act, because I believe it is the Act that works and protects people in concern. We have seven HMOs alone best hope for reform that this body will managed care plans. Managed care that now take up about 11 percent of consider. After months of debate, I am plans can be health maintenance orga- all patients covered by insurance, more optimistic than ever that this nizations, HMOs. They can be PPOs, around 202,000 people. Those are just House will pass real reform. The best preferred provider options. They can be the HMO. They do not deal with the opportunity for that reform will be the other plans in which you pay less, but other managed care plans. you also give up some of your choice in While 73 percent of Americans are Hutchinson-Allen freshman bill. terms of choosing providers and where now covered by some kind of managed I wanted to point out this morning you go to get your care. care plan, we have not seen that kind an article that was published in the The Patients’ Protection Act that I of deep penetration yet in our State, National Journal by Stewart Taylor, support, and that so far we have 159 but we will, so I want to head problems Junior, an excellent examination of the Members who have signed the dis- off in managed care plans before they campaign finance reform issue. It out- charge petition on, would say, for in- get to the mountain State. That is why lines four different reasons why the stance, that a person going to the I support a Patients’ Protection Act, freshman bill is unique among all the emergency room cannot be denied re- and why I think it is essential that this proposals, offers something different, is imbursement for that if they use a pru- Congress vote on it this week. a new direction, and merits our close dent layperson’s standard, if they had Mr. Speaker, we urge all Americans examination and support. reasonable grounds to go to that emer- to rally around a Patients’ Protection This article in the National Journal gency room. No insurance company can Act. It is vitally important that we get by Stewart Taylor, Junior, was pub- come behind them and say, no, those a Patients’ Protection Act that has lished on July 18, 1998. It says, ‘‘The pains really were not justified. You do true accountability in it, that makes good news is that after a long not get paid. insurance companies responsible, the winnowing process, the two principal This would also grant a patient a fast same way our doctors and providers campaign finance proposals now before appeal, so if an insurance company and nurses and hospitals are respon- the House of Representatives looked turns down the doctor and said, no, you sible. pretty promising.’’ cannot give that test, or you cannot We want to make sure that we have Of course, he is referring to the perform that procedure, that patient access to specialists under these insur- Shays-Meehan bill that is presently has a right to a fast appeal on that. ance plans, these managed care plans. being debated, but also the freshman It eliminates gag rules. In other We want to make sure that there are bill. But he says that his personal fa- words, physicians cannot be told by in- no gag rules. We want to make sure vorite is the freshman bill, the Hutch- surance companies and managed care that doctors are not discouraged from inson-Allen bill. He goes through four plans that they cannot tell patients providing the treatment that they different points that I think merit our about certain procedures that might know they want to be providing. consideration. assist them, even though those proce- That is why it is important that this The first one is that the freshman dures are not covered by the plan. It Congress vote, Mr. Speaker, on a Pa- bill would provide for campaign finance also guarantees access to specialists. If tients’ Protection Act that really does reform without seriously risking judi- you do not like the specialist they send something for America. cial invalidation. In other words, the you to, it provides you access to other f author is saying that the freshman bill specialists. That is not the case in all is constitutional, does not push that managed care plans. URGING MEMBERS’ SUPPORT FOR extra limit, infringe upon our constitu- It has prohibitions on financial in- THE BASE CAMPAIGN FINANCE tional liberties. centives given to physicians not to pro- REFORM BILL, THE BIPARTISAN If we want something that will pass vide care. The physician should not be CAMPAIGN INTEGRITY ACT this House and the Senate, be signed by rated on the basis of whether or not The SPEAKER pro tempore. Under the President, and be upheld by the they were able to divert people from the Speaker’s announced policy of Jan- United States Supreme Court, then it

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5963 is the freshman bill. That is the first have been forced to wage lonely battles patients, as health care consumers, point that he makes. against sometimes callous managed need to have that information. The second point that he makes that care companies. We have heard too I think this is a very important piece is unique about the freshman bill is many cases where insurance actuaries, of legislation. I have signed the dis- that it significantly bans soft money, not doctors, make the final decision charge petition that Members have as the Shays-Meehan bill also does. But about a patient’s medical care. This is signed to force this issue, in an unprec- the freshman bill bans the soft money wrong, and we must change it. edented move to have over 218 Members to the Federal parties. He points out For years we have tried to help in the forcing this issue to be debated before that the soft money loophole, whereas health care debate, and we have tried this House this week, because it is the perhaps well-intentioned at the begin- to adjust here or there to try to help most important issue in America ning, over the years has been abused. It people, working families, throughout today, to make sure that people have has been. That is the greatest abuse in Maine and America. Constantly the an individual Patient Bill of Rights, re- our system, the soft money loophole boxes have changed, and as soon as we gardless of the health care they are that allows the money that flows out- try to work on something, the man- being offered. side the regulated system from cor- aged care companies figure out a way We must have this. It is a bipartisan porations, from labor unions, from around it. effort. It knows no party. It is sup- ported throughout America by Repub- wealthy individuals. That is what is The best thing that we can do is to licans, Democrats, Independents, peo- addressed in the freshman bill very sig- give every single American a bill of ple of all political stripes. It is some- nificantly. rights as it pertains to their health care policies, so regardless of whether thing we need to do. A third point that he makes is the In my own State of Maine, where we the company is putting forward a PPO, political realities. The freshman bill have approximately 1.2 million people, an HMO, or whatever they wanted to passes the political realism test. We over 200,000 are unrolled in HMO plans, are going to have to avoid the ex- call it, every single American will have and more is yet to come. Medicare is tremes. We do that, whether we are a bill of rights as it pertains to their being formed into managed care. Other talking about free TV or whether you health care, so they will have their types of insurance companies and busi- are talking about public financing. The rights, regardless of the policies that a ness are grouping together. freshman bill is realistic reform that company or individual government en- It is so important and imperative can pass this body in a bipartisan fash- tities would like to put forward; every that we get this passed by this Con- ion. American would have these basic gress this week. If they are going to The fourth point that he makes that rights. make the decisions which harm indi- is significant is that the freshman bill It is a very important issue for all viduals, then insurance companies are breaks the relationship between the Americans. As they are being denied going to have to be held medically re- Federal officeholder and the chase for care in emergency rooms, as they are sponsible and medically liable if they soft money. I believe that is unique being denied the proper drug treatment are going to be making these decisions. about the freshman bill, because we that has been prescribed by a physi- This will make sure that insurers are prohibit a Federal candidate from so- cian, and as they have been having in- accountable for their actions. liciting soft money for the Federal par- surance company bureaucrats making As we become increasingly dependent ties, but as well as any State party medical decisions and determining upon computers and computerized other than his own, I think for any soft where and when and what type of records, this legislation makes impor- money at all; breaks the link between health care individuals should receive, tant steps towards insuring confiden- the Federal candidate and the chase for then those insurance companies, those tiality of medical records. We cannot soft money. insurance company bureaucrats, ought allow the misuse of private medical in- These are four important, unique as- to be held medically liable. If physi- formation. pects about the freshman bill. It is cians have to get medical malpractice Finally, I am pleased that this bill good legislation that I urge my col- insurance to protect themselves in takes steps to insure that plans which leagues to support. First of all, it their duties, and if insurance company cover the drugs are going to cover all strengthens the individual role in our executives are going to make those drugs which are medically indicated. campaign system. It does that by pre- same decisions, they should also be Later this week we are going to have venting the individual role from being held medically liable for that decision. an opportunity to vote on this plan of- drowned in a sea of soft money, so it In my State, where there are many fered by our Republican colleagues. strengthens the individual; also by pro- seniors that require many prescription While I am pleased that they have of- viding more information, increasing drugs, between Parkinson’s and other fered a plan, their plan leaves many millions uninsured and uncovered. I be- disclosure, information as to the time- types of drugs that must be taken, they lieve their plan comes up short because liness of where the money is coming are expensive, and physicians are say- not only does it leave them uncovered, from. Then it stops the erosion of the ing that the right treatment, the right but it also does not have an enforce- value of the individual contribution by mix has to be given. If it is upset or ment mechanism to hold the insurance indexing benefits to the rate of infla- they cannot use the right medications, it is going to upset that person’s health company and team making the deci- tion, indexing the contribution limits. sion to a responsible treatment and li- That is what is good. care. In many cases, insurance companies ability. I urge my colleagues to support the This is a bipartisan, comprehensive give lists of drugs that can be given, freshman bill when it comes up for a bill that will give Americans meaning- and no other drugs. In order to appeal vote on the floor. ful rights. those decisions, to have the right f f treatment, we need to make sure that AMERICANS NEED A PATIENT we have an enforcement mechanism, URGING MEMBERS TO STUDY THE BILL OF RIGHTS holding people medically responsible if ARTICLE ‘‘STATESMANSHIP AND The SPEAKER pro tempore. Under they are not going to give seniors the ITS BETRAYAL’’ the Speaker’s announced policy of Jan- types of prescription medication they The SPEAKER pro tempore. Under uary 21, 1997, the gentleman from need to have. the Speaker’s announced policy of Jan- Maine (Mr. BALDACCI) is recognized As far as information, it is so vitally uary 21, 1997, the gentleman from Geor- during morning hour debates for 5 min- important that a patient have the in- gia (Mr. BARR) is recognized during utes. formation as to their health care, as to morning hour debates for 5 minutes. Mr. BALDACCI. Mr. Speaker, I am their needs, and not to have that infor- Mr. BARR of Georgia. Mr. Speaker, pleased to rise this morning to discuss mation kept from the patient because very infrequently I come across an ar- one of the most important issues facing of the agreements and contracts that ticle written by a person that rises so this Congress, the need to adopt a have been worked out behind the far above and beyond the normal, mun- meaningful, comprehensive Patient scenes between insurance companies dane literature we read daily in news- Bill of Rights. For too long patients and between some physicians. We as papers and see and hear visually and

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5964 CONGRESSIONAL RECORD — HOUSE July 21, 1998 verbally on television that it bears spe- up, as few in American history, perhaps that had barely risen, and were able to see cial attention. only most recently President Reagan things so clearly that they surpassed in I rise today to share with my col- could, to reach down into the soul of greatness each and every one of the classical leagues an article which appeared in models that they had approached in awe. America, to remind us once again, we Now, lost in the sins and complexity of a the Wall Street Journal on July 2 by are and were and should and must be a Xanadu, when we desperately need their high Mark Helprin entitled ‘‘Statesmanship Nation of principle, personified by qualities of thought, their patience for delib- and Its Betrayal.’’ statesmen, not crass political leaders eration, and their unerring sense of balance, Mr. Speaker, I will read just a few el- looking only for themselves, only for we have only what we have. oquent passages of Mr. Helprin’s expo- today, and forgetting not only the Which is a political class that in the main has abandoned the essential qualities of sition on statesmanship, and then urge great history of an America past, but all of my colleagues, indeed, all who statesmanship, with the excuse that these looking forward to a great history of are inappropriate to our age. They are peruse the CONGRESSIONAL RECORD, to America future. wrong. Not only do they fail to honor the do likewise. I commend Mark Helprin’s article, principles of statesmanship, they fail to rec- He speaks, in part, as follows: which appeared in the Wall Street ognize them, having failed to learn them, We had men of integrity and genius: Wash- Journal on July 2 of this year, entitled having failed to have wanted to learn them. ington, Hamilton, Franklin, Jefferson, Madi- ‘‘Statesmanship and Its Betrayal,’’ to In the main, they are in it for themselves. son, and Monroe. These were men who were Were they not, they would have a higher rate in love with principle as if it were an art, be read and reread by my colleagues of attrition, falling with the colors of what which, in their practice, they made it. They and by every American who cares they believe rather than landing always on studied empires that had fallen, for the sake about this great country, its history, their feet—adroitly, but in dishonor. In light of doing what was right in a small country and its future. of their vows and responsibilities, this con- that had barely risen, and were able to see The article referred to is as follows: stitutes not merely a failure but a betrayal, things so clearly that they surpassed in STATESMANSHIP AND ITS BETRAYAL and not only of statesmanship and principle but of country and kin. greatness each and every one of the classical (By Mark Helprin) models that they had approached in awe. And why is that? It is because things mat- Now. . . when we desperately need their When Marco Polo entered Xanadu, the cap- ter. Even though it be played like a game, by high qualities of thought, their patience for ital of the Great Khan, he crossed ring after men who excel at making it a game, our life deliberation, and their unerring sense of bal- ring of outer city, each more splendid and in- in this country, our history in this country, ance, we have only what we have. teresting than the one that had come before. the sacrifices that have been made for this Which is a political class that in the main He was used to greatness of scale, having country, the lives that have been given to has abandoned the essential qualities of traveled to the limits of the ordered world this country, are not a game. My life is not statesmanship, with the excuse that these and then twice as far into the unknown, a game. My children’s lives are not a game. are inappropriate to our age. They are where no European had ever set foot, over My parents’ lives were not a game. Your life wrong. Not only do they fail to honor the the Hindu Kush and beyond the Pamir, and is not a game. principles of statesmanship, they fail to rec- through the immense empty deserts of Cen- Yes, it is true, we do have great accumu- ognize them, having failed to learn them, tral Asia. And yet after passing through the lated stores—of power, and wealth, and de- having failed to have wanted to learn them. world’s most ethereal regions he was im- cency—against which those who pretend to In the main, they are in it for themselves. pressed above all by Xanadu, a city of seem- lead us can draw when as a result of their This constitutes not merely a failure, but a ingly infinite expanse, the end of which he vanity and ineptitude they waste and expend betrayal, and not only of statesmanship and could not see no matter in which direction the gifts of previous generations. The margin principle, but of country and kin. he looked. of error bequeathed to them allows them to And why is that? It is because things mat- For almost 1,000 years, this city floated at present their failures as successes. ter. Even though it be played like a game, by the peak of Western imagination. Unlike Je- They say, ‘‘As we are still standing, and a men who excel at making it a game, our life rusalem, it had vanished. Unlike Atlantis, chicken is in the pot, what does it matter if in this country, our history in this country, someone had actually seen it. Even during I break the links between action and con- the sacrifices that have been made for this the glory of the British Empire, Coleridge sequence, work and reward, crime and pun- country, the lives that have been given to held it out for envy. But no more. Now it has ishment, merit and advancement? I myself this country, are not a game. My life is not been eclipsed, with ease, by this, our coun- cannot imagine a military threat (and never a game. My children’s lives are not a game. try, founded not as a Xanadu but with the could), so what does it matter if I weld shut My parents’ lives were not a game. Your life greatest humility, and on the scale of yeo- the silo hatches on our ballistic missile sub- is not a game. men and their small farms, and as the cradle marines? What does it matter if I weld shut Yes, it is true, we do have great accumu- of simple gifts. my eyes to weapons of mass destruction in lated stores of power and wealth and de- This country was not expected to be what the hands of lunatics who are building long- cency—against which those who pretend to it became. It was expected to be infinite- range missiles? Our jurisprudence is the envy lead us can draw when as a result of their seeming in its rivers, prairies and stars, not of the world, so what does it matter if, now vanity and ineptitude they waste and expend in cities with hundreds of millions of rooms, and then, I perjure myself, a little? What is the gifts of previous generations. The margin passages, halls, and buildings a quarter-mile an oath? What is a pledge? What is a sacred of error bequeathed to them allows them to high. It was expected to be rich in natural si- trust? Are not these things the province of present their failures as successes. lence and the quality of light rather than in the kinds of people who were foolish enough They say, ‘‘As we are still standing, and a uncountable dollars. It was expected to be a to do without all their lives, to wear the ruts chicken is in the pot, what does it matter if place of unfathomable numbers, but of into the Oregon Trail, to brave the seas, to I break the links between action and con- blades of grass and grains of wheat and the die on the beaches of Normandy and Iwo sequence, work and reward, crime and pun- crags of mountains, rather than millions Jima and on the battlefields of Shiloh and ishment, merit and advancement?’’ I myself upon millions of motors spinning and hum- Antietam, for me, so that I can draw from cannot imagine a military threat (and never ming at any one time, and wheels turning, America’s great accounts, and look good, could), so what does it matter if I weld shut fires burning, voices talking and lights shin- and be presidential, and have fun, in all the silo hatches on our ballistic missile sub- ing. kinds of ways? marines? What does it matter if I weld shut But this great inventory of machines, BLOOD ONTO SAND my eyes to weapons of mass destruction in buildings, bridges, vehicles and an incompre- That is what they say, if not in words then, the hands of lunatics who are building long- hensible number of smaller things, is what indelibly, in actions. They who, in robbing range missiles? Our jurisprudence is the envy we have. A nation founded according to a vi- Peter to pay Paul, present themselves as of the world, so what does it matter if now sion of simplicity has become complex. A na- payers and forget that they are also robbers. and then I perjure myself, a little? What is tion founded with disdain for power has be- They who, with studied compassion, minister an oath? What is a pledge? What is a sacred come the most powerful nation. to some of us at the expense of others. They trust? Are not these things the province of THE ESSENTIAL QUALITIES who make goodness and charity a public pro- the kinds of people who were foolish enough When letters took a month by sea and the fession, depending for their election upon a to do without all their lives, to wear the ruts records of the U.S. government could be well-mannered embrace of these things and into the Oregon Trail, to brave the seas, to moved in a single wagon pulled by two the power to move them not from within die on the beaches of Normandy and Iwo horses, we had great statesmanship. We had themselves or by their own sacrifices but, by Jima and on the battlefields of Shiloh and men of integrity and genius: Washington, compulsion, from others. They who, knowing Antietam, for me, so that I can draw from Hamilton, Franklin, Jefferson, Adams, Madi- very little or next to nothing, take pride in America’s great accounts, and look good, son and Monroe. These were men who were eagerly telling everyone else what to do. and be presidential, and have fun, in all in love with principle as if it were an art, They who believe absolutely in their recita- kinds of ways? which, in their practice, they made it. They tion of pieties not because they believe in Mr. Speaker, Mr. Helprin goes on at studied empires that had fallen, for the sake the pieties but because they believe in them- some length to use words that conjure of doing what was right in a small country selves.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5965 Nearly 400 years of America’s hard-earned both North and South, modeled itself on and as she held it before the altar, she head accounts—the principles we established, the their characters. They exemplified almost these words: ‘‘Receive this kingly Sword, battles we fought, the morals we upheld for perfectly Churchill’s statement that ‘‘public brought now from the altar of God and deliv- century after century, our very humility be- men charged with the conduct of the war ered to you by us, the Bishops and servants fore God—now flow promiscuously through should live in a continual stress of soul.’’ of God, though unworthy. With this Sword our hands, like blood onto sand, squandered This continual stress of soul is necessary do justice, stop the growth of iniquity, pro- and laid waste by a generation that imagines as well in peacetime, because for every good tect the holy Church of God, help and defend history to have been but a prelude for what deed in public life there is a counterbalance. widows and orphans, restore the things that it itself will accomplish. More than a pity, Benefits are given only after taxes are taken. are gone to decay, maintain the things that more than a shame, such a thing is despica- That is part of governance. The statesman, are restored, punish and reform what is ble. And yet, this parlous condition, this who represents the whole nation, sees in the amiss, and confirm what is in good order; agony of weak men, this betrayal and this equilibrium for which he strives a continual that doing these things you may be glorious disgusting show, are not the end of things. tension between victory and defeat. If he did in all virtue; and so faithfully serve our Principles are eternal. They stem not from not understand this, he would have no stress Lord.’’ our resolution or lack of it but from else- of soul, he would be merely happy—about Would that we in America come once again where, where in patient and infinite ranks money showered upon the orphan, taken to understand that statesmanship is not the they simply wait to be called. They can be from the widow. About children sent to day appetite for power but—because things mat- read in history. They arise as if of their own care, so that they may be long absent from ter—a holy calling of self-abnegation and accord when in the face of danger natural their parents. About merciful parole, of self-sacrifice. We have made it something courage comes into play and honor and defi- criminals who kill again. Whereas a states- else. Nonetheless, after and despite its be- ance are born. Things such as courage and man knows continual stress of soul, a politi- trayal, statesmanship remains the mani- honor are the mortal equivalent of certain cian is happy, for he knows not what he does. festation, in political terms, of beauty, and It is difficult for individuals or nations to laws written throughout the universe. The balance, and truth. It is the courage to tell recognize that war and peace alternate. But rules of symmetry and proportion, the laws the truth, and thus discern what is ahead. It they do. No matter how long peace may last, of physics, the perfection of mathematics, is a mastery of the symmetry of forces, illu- it will end in war. Though most people can- even the principle of uncertainty, are en- minated by the genius of speaking to the not believe at this moment that the United couragement, entirely independent of the va- heart of things. States of America will ever again fight for garies of human will, that not only natural Statesmanship is a quality that, though it its survival, history guarantees that it will. law but our own best aspirations have a life may be betrayed, is always ready to be taken And, when it does, most people will not know of their own. They have lasted through far up again merely by honest subscription to what to do. They will believe of war, as they greater abuse than abuses them now. They its great themes. Have confidence that even can be neglected, but they cannot be lost. did of peace, that it is everlasting. The statesman, who is different from everyone in idleness its strengths are growing, for it is They can be thrown down, but they cannot a providential gift given to us in times of be broken. else, will, in the midst of common despair, see the end of war, just as during the peace need. Evidently we do not need it now, but as Each of them is a different expression of a the world is forever interesting the time will single quality, from which each arises in its he was alive to the inevitability of war, and saw it coming in the far distance, as if it surely come when we do. And then, so help hour of need. Some come to the fore as oth- me God, I believe that, solely by the grace of ers stay back, and then, with changing cir- were a gray wave moving quietly across a dark sea. God, the corrupt will be thrown down and cumstance, those that have gone unnoticed the virtuous will rise up. rise to the occasion. Rise to the occasion. The politician will revel with his people f The principle suggests itself from a phrase, and enjoy their enjoyments. The statesman, in continual stress of soul, will think of de- and such principles suggest easily and flow THE IMPORTANT DIFFERENCES generously. You can grab them out of the struction. As others move in the light, he will move in darkness, so that as others BETWEEN THE DEMOCRATIC AND air, from phrases, from memories, from im- move in darkness, he may move in the light. REPUBLICAN HEALTH CARE RE- ages. A statesman must rise to the occasion. This tenacity, that is given to those of long FORM BILLS Even Democrats can do this. Harry Truman and insistent vision, is what saves nations. A statesman must have a temperament The SPEAKER pro tempore. Under had the discipline of plowing a straight row that is suited for the Medal of Honor, in a the Speaker’s announced policy of Jan- 10, 12 and 14 hours a day, of rising and retir- soul that is unafraid to die. Electorates uary 21, 1997, the gentleman from New ing with the sun, of struggling with tempera- rightly favor those who have endured com- mental machinery, of suffering heat and cold Jersey (Mr. PALLONE) is recognized bat, not as a matter of reward for service, as and one injury after another. After a short during morning hour debates for 5 min- is commonly believed, but because the will- time on a farm, presumptions about ruling utes. ingness of a soldier to give his life is a strong others tend to vanish. It is as if you are Mr. PALLONE. Mr. Speaker, for sign of his correct priorities, and that in the pulled to earth and held there. months now the movie ‘‘As Good as It The man who works the land is hard put to future he will truly understand that states- men are not rulers but servants. It seems Gets’’ has become symbolic here in think that he would direct armies and na- Washington with the debate over man- tions. Truman understood the grave respon- clear even in these years of squalid degrada- sibility of being the president of the United tion that having risked death for the sake of aged care reform. States, and that it was a task too great for honor is better than having risked dishonor Everyone knows by now that in the him or for anyone else to accomplish with- for the sake of life. movie, actress Helen Hunt unleashes out doing a great deal of injury—if not to HUNGER FOR A STATESMAN an epithet-laden attack on her HMO some, then to others. He understood that, No matter what you are told by the sophis- after her HMO gives her trouble when therefore, he had to transcend himself. There ticated classes that see virtue in every form she is trying to get treatment for her would be little enjoyment of the job, because of corruption and corruption in every form of asthmatic son. he had to be always aware of the enormous virtue, I think you know, as I do, that the In an effort to stop getting beat over consequences of everything he did. Contrast American people hunger for acts of integrity this with the unspeakably vulgar pleasure in and courage. The American people hunger the head with this example and what it office of President Clinton. for a statesman magnetized by the truth, un- symbolizes, last Friday the Republican Truman, absolutely certain that the man- willing to give up his good name, uninter- leadership unveiled the language of its tle he assumed was far greater than he could ested in calculation only for the sake of vic- long-awaited managed care reform bill. ever be, was continually and deliberately tory, unable to put his interests before those To state it simply, Mr. Speaker, this aware of the weight of history, the accom- of the nation. What this means in practical Republican bill is as bad as it gets. plishments of his predecessors, and, by hum- terms is no focus groups, no polls, no tri- The Republican leadership has really ble and imaginative projection, his own inad- angulation, no evasion, no broken promises outdone itself with this bill. It is easily equacy. The sobriety and care that derived and no lies. These are the tools of the chame- from this allowed him a rare privilege for leon. They are employed to cheat the Amer- one of the worst speaks pieces of legis- modern presidents, to give to the presidency ican people of honest answers to direct ques- lation they have put forward since they more than he took from it. It is not possible tions. If the average politician, for fear that took control of the House in 1994. It is to occupy the Oval Office without arrogantly he may lose something, is incapable of even an unabashed sell-out to the insurance looting its assets or nobly adding to them. a genuine yes or no, how is he supposed to industry. In fact, it looks as if it were May God bless the president who adds to rise to the great occasions of state? How is written by the insurance industry them, and may God damn the president who he supposed to face a destructive and implac- itself. loots them. able enemy? How is he supposed to under- Although it is called the Patient Pro- America would not have come out of the stand the rightful destiny of his country, and Civil War as it did had it not been led by men lead it there? tection Act, in an attempt to confuse it like Lincoln and Lee. The battles raged for At the coronation of an English monarch, with the Democrats’ Patients’ Bill of five years, but for 100 years the country, he is given a sword. Elizabeth II took it last, Rights, a more appropriate title for the

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5966 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Republican bill would be the Profit the House of Representatives. But tions. Soft money are the unlimited Protection Act. under the Republican bill, it would still sums that individuals, corporations, The worst aspect of this bill is that it allow a health plan to restrict commu- labor unions, and other interest groups allows the insurance companies, and nications between doctors and pa- give to the political parties, unlimited not doctors and patients, to make med- tients. sums. They ultimately get rerouted ical choices. Remarkably, the Repub- The Democrats, on the other hand, right back to the candidates to help lican bill actually reaffirms the status prohibit plans from gagging doctors to them in their election, making a mock- quo and allows insurance company bu- inform patients about treatment op- ery of our campaign finance laws. reaucrats to decide what is medically tions that are not covered by their The second major element, and the necessary, so under the Republican health plan, and protects providers Meehan-Shays bill deals with soft plan, HMOs can define ‘‘medically nec- from retribution by the HMO for tell- money both on the Federal and State essary’’ any way they wanted. If you ing their patients the truth. level, for Federal elections, it also get sick and your insurance company When it comes to accountability, the deals with the sham issue ads and calls decides the treatment you need is not GOP plan also is riddled with loopholes them what they are, campaign ads. medically necessary, you are simply and omissions. The bill includes an ex- It does not mean that if it is a cam- out of luck. ternal appeals process, but limits ac- paign ad, people do not have their This is, in my opinion, truly a sell- cess to that process to individuals in voice. They just come under the cam- out of the highest proportions. It ig- plans under ERISA; in other words, paign law. They have to disclose con- nores the central catalyst of the whole only if your employer is self-insured. If tributions. Contributions are limited managed care debate, the strongly held you are covered by ERISA, you get the but expenditures are not, because the belief among Americans that medical external review. Otherwise, you are out Supreme Court has found that you can- decisions should be made by doctors of luck. not limit expenditures. and their patients. Then finally, and I want to stress What we do is recognize that a sham The Democrats’ Patient Bill of this, the GOP plan also denies patients issue ad that clearly is a campaign ad, Rights, by contrast, insures that medi- the right to sue their HMOs if they are 60 days prior to an election is a cam- cal decisions would be made by doctors denied needed care. Again, the right to paign ad if it mentions the name of the and patients. The Democratic bill de- sue is an enforcement mechanism that person or shows a picture or the name fines ‘‘medically necessary care’’ based is necessary if these patient protec- of the individual, and is intended to af- on the generally accepted principles of tions really are going to be enforced. fect the election. We also codify the court decision on professional medical practice. What The Democratic bill enforces all of Beck. That was the decision where an that means is that under the Demo- the patient protections it provides by individual who was not a member of a cratic plan, patients and doctors deter- giving the patients the right to sue union argued that he should not have mine what is the best course of treat- their HMO, and holding the HMOs ac- to make political contributions in his ment, not HMOs and insurance com- countable for the decisions they make. agency fee to the union to be used for pany bureaucrats. Again, this is an extremely important candidates that a person opposed. The The Republican bill also fails to en- difference between the Democratic and court heard this case and determined sure access to specialists. If your child the Republican plans. that if you are not a member of a gets an illness and you want to bring f union, your money does not have to go your son or child to a specialist, you for political purposes, and therefore, cannot, under the Republican bill. You CALLING FOR BIPARTISAN your agency fee is less than what the may not be able to go to that special- HEALTH CARE LEGISLATION, AND FOR SUPPORT OF THE MEE- union fee would be. ist, depending on what the insurance We also significantly improve FEC company decides. But the Patient Bill HAN-SHAYS CAMPAIGN FINANCE REFORM MEASURE disclosure and enforcement, particu- of Rights, the Democratic bill, guaran- larly as it relates to disclosure. Any tees patients access to specialists when The SPEAKER pro tempore. Under expenditure over $1,000, 20 days to an such access is needed. the Speaker’s announced policy of Jan- election, has to be noted within 24 Another thing, the Republican plan uary 21, 1997, the gentleman from Con- hours, and then is put on the Internet. does not even guarantee you full access necticut (Mr. SHAYS) is recognized dur- We require, and in terms of enforce- to the nearest emergency room if you ing morning hour debates for 5 min- ment, we give the FEC the ability to need emergency care, which has been a utes. dismiss cases that do not have any big issue during the course of this de- Mr. SHAYS. Mr. Speaker, there is a merit, and to take up cases more bate. The Republican bill includes a Democrat health care bill and there is quickly that do, before an election, and reasonable person’s standard for access a Republican health care bill, but ulti- we also provide for audits of campaign to emergency care, but it does not list mately, if we are to have a bill, there expenditures. severe pain as a reason why a person will have to be a Republican and Demo- In addition, we make sure it is clear might determine that he or she needs crat bill. I urge both sides on this in the law that foreign money cannot to go to the emergency room. issue, once the posturing of our various be raised, and that we cannot raise I want to repeat that, because it is positions is known, to work in a bipar- money on government property. Mem- really kind of mind-boggling. Under tisan agreement to pass meaningful bers may think that is the law today, the Republican plan, severe pain is not health care reform. but soft money is not deemed campaign considered a symptom of a possible Mr. Speaker, I stand before the Mem- money, and therefore, does not come emergency. So that means if you are bers to thank this Chamber for its sup- under the Pendleton Act. suffering from severe pain and you rush port for campaign finance reform legis- So many have argued that they can to the emergency room to receive lation that is moving before the House; accept soft money from foreigners, and treatment for a legitimate problem, the Meehan-Shays bill as it is some- on government property they can raise your HMO can still refuse to pay for it. times referred to, or MCCain-Feingold. money. They do not want people to The Democrats’ Patient Bill of We have had an extraordinary proc- know they are doing this, because they Rights also guarantees patients cov- ess that has allowed Members to debate know morally it is wrong, but legally erage if they go to an emergency room this issue fairly extensively, and before and technically it is not. That is why because they are suffering from severe last night we had 55 amendments. We we need to amend the law. pain. So regardless of the reason you have dealt with 20 of them. We dealt Mr. Speaker, we have, as I said ear- go to the emergency room that is clos- with the one that would have been a lier, 55 bills or amendments coming be- est, if you get the emergency room killer amendment, and I appreciate the fore this Chamber. We dealt with 20 care, the HMO has to pay for it. House defeating it. last night. I would like to say that we The Republican bill is also a failure The bottom line to campaign finance have dealt with a few before. One of the when it comes to gag clauses. This is reform is that we need to ban soft things we are trying hard to do is, as particularly interesting, because we money, not just on the Federal level both Republicans and Democrats, to passed prohibitions on gag rules here in but on the State level, for Federal elec- find where we have common ground.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5967 We found common ground with those Accordingly (at 9 o’clock and 50 min- ANNOUNCEMENT BY THE SPEAKER who supported the commission bill, and utes a.m.), the House stood in recess The SPEAKER. The Chair will recog- urged them to vote against their own until 10 a.m. nize 15 one-minutes on each side. substitute commission bill, but then f f support the commission bill, attach it to our bill. Also the gentlewoman from AFTER RECESS WELCOME TO THE REVEREND DR. Washington (Mrs. LINDA SMITH) took The recess having expired, the House KEVIN SHRUM her 6 amendments last night and put was called to order by the Speaker at (Mr. CLEMENT asked and was given them into one, and helped us write a 10 a.m. permission to address the House for 1 better bill to guarantee, without ques- f minute.) tion, and to satisfy those groups that PRAYER Mr. CLEMENT. Mr. Speaker, I stand are concerned, that voter guides are in to welcome Dr. Kevin Shrum to the fact legal and do not come under the The Reverend Dr. Kevin Shrum, Pas- Chamber of the U.S. House of Rep- campaign law. tor, Inglewood Baptist Church, Nash- resentatives and to thank him for There is no ambiguity on this issue. ville, Tennessee, offered the following opening our session today with a heart- She wrote the law in a tough way. We prayer: felt prayer. accepted her six amendments into one, Gracious Father, I humbly approach Dr. Shrum is a devout Christian and and thank her for her work in this You today in the name of the one and an inspiring pastor. His church is in area. She really has been a leader on only true God, our Lord and Savior, Nashville, Tennessee. Inglewood Bap- campaign finance reform, and has Jesus Christ. In His name and with the tist Church is one of the fastest grow- played a tremendous role in helping us aid of the Holy Spirit, I ask for Your ing Southern Baptist churches in the move this bill forward. bountiful blessings and godly wisdom Fifth Congressional District. to anoint this law-making body in f Dr. Shrum graduated with a bachelor their daily tasks. For, Lord, great is of arts from Missouri Baptist College CALLING UPON HOUSE LEADER- their task in leading this Nation to in 1984, received his master’s of divin- SHIP TO BRING FORWARD FOR honor its noble heritage and secure the ity in 1987 and earned his doctor of DEBATE THE PATIENTS’ BILL OF possibilities of a future as one Nation ministry in 1991 from the Southern RIGHTS under God. May we understand, as did Baptist Theological Seminary. The SPEAKER pro tempore. Under President George Washington, that of Dr. Shrum comes from a rich herit- the Speaker’s announced policy of Jan- all dispositions and habits which lead age of spiritual leaders. My adminis- uary 21, 1997, the gentlewoman from to political prosperity, religion and trative assistant Dottie Moore has morality are indispensable supports. Michigan (Ms. STABENOW) is recognized been an active member of his church during morning hour debates for until Assist this esteemed assembly and for many years. It is a great honor to 9:50 a.m. our beloved Nation as a whole to honor have him with us today. God bless you. Your justice, mercy and righteousness Ms. STABENOW. Mr. Speaker, this f morning a hearing is being held by the in all that we say and do. If godly Democratic Health Care Task Force on righteousness exalts a Nation, then let TWINKLE, TWINKLE KENNETH the critical issue of managed health us be that Nation that leads the na- STARR care. We are going to hear this morn- tions in seeking Your righteous stand- (Mr. PAPPAS asked and was given ing from families across the country ards. permission to address the House for 1 who have been denied care, who have When we err, forgive us. If we suc- minute.) had very difficult situations occur be- ceed, let our successes honor You and Mr. PAPPAS. Mr. Speaker, cause they have not had the oppor- humbly lead us to further successes. And may every action of this law-mak- Twinkle, twinkle Kenneth Starr, tunity to receive the care their doctor Now we see how brave you are. recommended because they are in a ing body reflect the absolute character Up above the Pentagon sting, managed care system. We are going to and gracious benevolence of Your bib- Like a fair judge in the ring. hear from small businesspeople. We are lical law and love. Ultimately may all Twinkle, twinkle Kenneth Starr, going to hear from other Americans that we do and say as a unified people Now we see how brave you are. bring glory and honor to You who is When subpoenas and lies are gone, speaking out. When obstruction shines upon, I only wish that we were doing this able to keep us from falling and not failing and to present us before His glo- Then you throw your trump cards within the regular committee struc- down, ture. I would call upon the House lead- rious presence without fault and great joy, to the only God our Savior be Twinkle, twinkle all brought down. ership this morning to bring forward Twinkle, twinkle Kenneth Starr, the Patients’ Bill of Rights, the com- glory, majesty, power and authority, Now we see how brave you are. prehensive bill to protect American through Jesus Christ our Lord, I pray. Then the Congress in the dark families, to bring it to a full hearing, Amen. Thanks you for your courage and to bring it to this House for a vote, be- f spark; cause it is absolutely critical that in We could not see which way to go, THE JOURNAL If you did not lead us so. this day and age, when we have the The SPEAKER. The Chair has exam- Twinkle, twinkle Kenneth Starr, best health care in the world, that we ined the Journal of the last day’s pro- Now we see how brave you are. make sure our families can truly re- ceedings and announces to the House f ceive that care when in fact it is rec- his approval thereof. ommended by their physician or other DEMOCRATIC PATIENTS’ BILL OF Pursuant to clause 1, rule I, the Jour- health care provider. RIGHTS nal stands approved. What we are talking about today is a f (Mr. ALLEN asked and was given basic set of principles that will allow permission to address the House for 1 us as Americans to be sure that the PLEDGE OF ALLEGIANCE minute and to revise and extend his re- quality of care that is available in this The SPEAKER. Will the gentleman marks.) country is truly available to each of us. from New Jersey (Mr. PAPPAS) come Mr. ALLEN. Mr. Speaker, in view of I would urge strongly that the leader- forward and lead the House in the those last comments, I would point out ship take this bill up immediately. Pledge of Allegiance. that although we have investigations f Mr. PAPPAS led the Pledge of Alle- in this House galore, we have not had giance as follows: one hearing on the subject of managed RECESS I pledge allegiance to the Flag of the care reform. The SPEAKER pro tempore. Pursu- United States of America, and to the Repub- Health care financing is in transition ant to clause 12 of rule I, the Chair de- lic for which it stands, one nation under God, and the shift to managed care has clares the House in recess until 10 a.m. indivisible, with liberty and justice for all. raised concerns about implications for

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5968 CONGRESSIONAL RECORD — HOUSE July 21, 1998 health care quality. Managed care And you should have the right to de- off a week of discussion, information, must be more than managed cost. mand the medical treatment you need. and emphasis about the importance of Every American deserves quality The Republican leadership and insur- the E-Rate program to our schools, our health care. Managed care reforms are ance companies believe that they and children, and our country. The E-Rate necessary at the Federal level to en- not you will determine your medical is designed to bring discounted Inter- sure that managed care is quality care. coverage. So the insurance companies net services to children in schools and Even in my home State of Maine where and the Republican leadership continue libraries across America. strong patient protections have been to allow gag orders on doctors and In the world of tomorrow, technology enacted at the State level, my con- nurses in managed care plans. HMOs and the Internet will be the tools es- stituents know that we need a national tell doctors and nurses and you what sential to our Nation’s workforce. solution to a national problem. medical treatment you will receive, Technical literacy will determine The Republican legislation only ap- not what medical treatment you need. whether a person has a high-paying job plies to Americans in self-insured They gag your doctor. or whether that person is frozen into a plans. They ignore two-thirds of Amer- Democrats believe you and your doc- low-wage, low-opportunity profession. Currently, only a few wealthy school icans with private health insurance. tor should decide what medical treat- districts can afford this technology. One hundred thirteen million Ameri- ment you need. No more gag orders. The E-Rate ensures that needy schools cans are left out in the cold by the Re- The Republican leadership continue to receive discounted services so that publican bill. place a gag order on the American peo- every American child has an equal The Republicans have a patchwork ple and refuse to hold hearings on the chance to succeed. approach to dealing with the real prob- Patients’ Bill of Rights. So Democrats Those who attack the E-Rate under- lems such as access to specialty care want to lift the GOP gag order. We are cut the future of our children and of and the choice of physicians. Further- holding hearings on the Patients’ Bill our country. Americans want to pro- more, the Republican bill is laced with of Rights in Room 2237 of the Rayburn vide their children the skills and tools poison pills such as health marts and Building. of the 21st Century. Through the E- malpractice limits. Democrats want to make sure that Rate, this is one way we can accom- My constituents want real protec- health care is the right of every Amer- plish this goal. tions. They do not want a watered ican. You pay for it, you deserve it. f down bill. They want the Democratic You have the right to demand the med- Patients’ Bill of Rights Act. ical treatment you need. Lift the gag JUDGE STARR ONCE PRAISED BY f order, Mr. Speaker. Pass the Demo- DEMOCRATS cratic Patients’ Bill of Rights. (Mr. GUTKNECHT asked and was WITHER THE BUDGET SURPLUS f given permission to address the House (Mr. BALLENGER asked and was for 1 minute and to revise and extend given permission to address the House SCHOOL CHOICE his remarks.) for 1 minute and to revise and extend (Mr. ROGAN asked and was given Mr. GUTKNECHT. Mr. Speaker, let his remarks.) permission to address the House for 1 us listen to what some people have said Mr. BALLENGER. Mr. Speaker, the minute and to revise and extend his re- about Judge Ken Starr’s character and Congressional Budget Office estimates marks.) integrity. I quote, ‘‘Starr has the con- that the Federal budget will be in sur- Mr. ROGAN. Mr. Speaker, we Repub- fidence of most of those of us who plus for the foreseeable future. Leaving licans find ourselves in a strange posi- know him and, I suspect, the con- aside the fact that this is not entirely tion. On the one hand, we benefit po- fidence of most of us in the Senate.’’ A accurate given that the Social Security litically when the defenders of the sta- Republican? No. That was Senator surplus is masking the true size of the tus quo oppose choice in public schools. JAMES EXON, Democrat of Nebraska. budget deficit, the question before us is We benefit politically because school Here is another, and I quote, ‘‘Judge what to do with the surplus. choice is something their own constitu- Starr is certainly a neutral party. No The Democrats, naturally, want to ents favor. But on the other hand we one, I think, has accused him of being spend it. The Republicans, not surpris- Republicans despair at finding leftist on a fishing expedition.’’ A Republican? ingly, want to see it used to begin pay- opposition to school choice because No. That was Senator JOHN KERRY, Democrat of Massachusetts. ing down the national debt or they many kids are denied the opportunity Mr. Speaker, these two comments want to use it for a tax cut. I will leave of attending a good school and thereby it to the other side to explain to the represent many, many comments made are forced into failing schools. And so by Democrats about Judge Ken Starr’s American people why they want to we have this bizarre situation where spend more money on failed, wasteful character back in 1993 when Judge left-wing opposition to school choice Starr was asked to investigate sexual social programs and I will only con- means that Republicans win politically misconduct charges against former sider the real choice for Congress, pay- but we win at a terrible social cost. Senator Bob Packwood on behalf of the ing down the debt or tax relief. b 1015 Ethics Committee. My instinct is to go 50–50, half to- Democrats once praised Judge Starr, The remarkable thing about this bi- wards tax cuts and half towards a down but now they either criticize him or payment on our $5.4 trillion national zarre situation is that the defenders of stand silent in the face of White House debt. But then I think about the likeli- the bureaucracy accept this national attacks on his character. What has hood that liberal spending politicians disgrace, because it benefits their changed? Well, it could be that Demo- in Washington will keep their hands off union monopolies. No wonder so many crats praised Judge Starr because he the budget surplus and I start to lean Americans are fed up with many pos- was investigating a Republican. We can more strongly towards tax relief. turing politicians and the special inter- only wonder. The bottom line is this: Do not spend ests they protect. We need to give par- f the surplus. ents control over their kid’s education, f and that will only come from school SCHOOL VIOLENCE choice. That is what we Republicans (Mr. GIBBONS asked and was given PASS THE DEMOCRATIC are fighting for. permission to address the House for 1 PATIENTS’ BILL OF RIGHTS f minute and to revise and extend his re- (Mr. STUPAK asked and was given marks.) permission to address the House for 1 E-RATE WEEK Mr. GIBBONS. Mr. Speaker, today I minute and to revise and extend his re- (Mr. REYES asked and was given per- rise to address the very important marks.) mission to address the House for 1 issue of school violence. I was recently Mr. STUPAK. Mr. Speaker, Demo- minute.) pleased to learn that this administra- crats want to make sure that good Mr. REYES. Mr. Speaker, I rise to tion will finally hold a national con- health care is the right of every Amer- announce E-Rate week. Today I join ference on school safety sometime in ican. You pay for it. You deserve it. many Members of Congress in kicking October of this year.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5969 Because no community in America is The result is a health care system posals for some sort of national ID immune to the plague of school vio- which is dominated by economic tools, card. Now we are witnessing an unprec- lence, and because we, as a Nation can limited budgets, limited hospital budg- edented attempt to invade the privacy no longer sit idly by while violence in ets, waiting hospital lines, waiting of one’s medical records. our schools continue to rise, I sent a lines also with the managed care pro- When most of us voted for legislation letter to the President on June 24th en- gram. Many managed care constraints that would allow individuals to take couraging him to listen to the solu- now limit what we can do. their health care insurance with them tions of the American people from Our goal must be to provide health when they changed jobs, we were not coast to coast and border to border. care with increased health care cov- voting for a hidden provision to allow For America to achieve success in erage for this country. This is a na- medical ID numbers. combating school violence in our local tional challenge. In Congress, we need Let us face it, medical records are ex- communities, we must first address to meet that challenge. tremely sensitive. This Member is three important issues. First, the Fed- Supporting H.R. 3605, the Patients’ going to work vigorously to protect the eral Government must redirect its re- Bill of Rights Act, is a first step in medical privacy of every American. sources to States to focus on this prob- achieving health care reform. This bill Let us reject this latest example of Big lem at the local level. Secondly, our will allow patients and doctors, not the Brother. communities must continue to improve insurance company, to control the f cooperative relations among local length of stay, the quality of care. Mr. PATIENTS’ BILL OF RIGHTS agencies whose job it is to address this Speaker, I encourage you and my col- problem associated with school vio- leagues to join me in supporting of this (Mr. HINCHEY asked and was given lence. bill. permission to address the House for 1 Finally, it is important that any con- f minute and to revise and extend his re- ference bring together, in a round table marks.) discussion, several representatives FALSELY ACCUSED BEHAVIOR Mr. HINCHEY. Mr. Speaker, all from local and Federal law enforce- VERSUS GUILTY BEHAVIOR across New York and across America, ment agencies, courts, city councils, (Mr. HEFLEY asked and was given many people are being denied access to and school boards to develop local solu- permission to address the House for 1 the health care that they need. They tions to a national problem. Mr. Speak- minute.) are also being denied access to the doc- er, our children deserve no less. Mr. HEFLEY. Mr. Speaker, imagine tor of their choice and the health care f you are falsely accused of crimes. You professional that they would like to AGRICULTURE EXPORT know that you are innocent, but the consult and be advised by in order to ENHANCEMENT ACT OF 1998 people who know the truth simply are get the health care they need. not talking. People who could prove Access to prescription drugs also is (Mr. EWING asked and was given per- you are innocent, it turns out, are the being denied to Americans. These drugs mission to address the House for 1 Secret Service personnel who are con- are needed to alleviate the health care minute and to revise and extend his re- stantly by your side and that could tes- conditions that they have. The problem marks.) Mr. EWING. Mr. Speaker, with 40 tify that all of the scurrilous accusa- is that our health care delivery system percent of American agricultural com- tions are, in fact, untrue. So your task is out of control because it is increas- modities and products being exported, is to convince everyone you know to ingly controlled by bureaucrats and in- the American farmer is more reliant on come forward, to prove your innocence, surance companies. international markets than any other and to clear your name. We need a Patients’ Bill of Rights sector of the U.S. economy. That is Let us think about this for a minute. which will allow Americans to get the why it is so important that the U.S. If a person is falsely accused of wrong- health care they need, access to health lay out specific agricultural trade ne- doing, clearly what must be done is to care professionals and the professional gotiation objectives. demand the people who know the truth medical advice they need, not from in- Today, I am pleased to introduce the to come forward and tell the whole surance company bureaucrats, but Agricultural Export Enhancement Act world what they know. On the other from health care professionals, the doc- of 1998. Until recently, farm exports hand, someone who is guilty of wrong- tors that they want to consult. had soared over the past several years. doing acts in a strikingly different That is why the democratic proposal However, too many trade barriers pre- manner. In such a case, all manner of for a Patients’ Bill of Rights is so im- vent billions of people from buying our excuse is given to prevent people from portant. The hearing is going on now. products. Our trade negotiators need to coming forward to tell what they We need to get that bill to the floor focus their attention on eliminating know. and get it passed. tariffs, subsidies, and other foreign reg- You do not have to be a Perry Mason f fan to know the difference between a ulations that limit what we sell over- BABY PHOENIX seas. behavior of a falsely accused person This legislation would establish and one that is guilty. (Mr. PITTS asked and was given per- those negotiating objectives. I would f mission to address the House for 1 minute and to revise and extend his re- suggest that it is a good bill for many PROTECT MEDICAL PRIVACY: Members of this House to support. marks.) REJECT BIG BROTHER Mr. PITTS. Mr. Speaker, I rise today f (Mr. CHABOT asked and was given to share the story of Baby Phoenix, MANAGED CARE permission to address the House for 1 first known survivor of a partial-birth (Mrs. CLAYTON asked and was given minute.) abortion. Last week, in the A-Z Wom- permission to address the House for 1 Mr. CHABOT. Mr. Speaker, Big en’s Center in Phoenix, Arizona, a 17- minute.) Brother is back, this time in the form year-old was scheduled to abort her Mrs. CLAYTON. Mr. Speaker, the of a previously unpublicized provision baby. way that Americans choose and obtain in the law that would require every The abortionist began a partial-birth and pay their physician has changed single American to have a special iden- abortion on what he thought was a 23- drastically over the last 10 years. tification number. That number would week-old baby. However, as he contin- Ten years ago, less than 30 percent of allow every notation in his or her med- ued the procedure, he realized that he the people with health care insurance ical record to be tracked. Tracked by was actually committing a partial- coverage were in managed care pro- who knows who. birth abortion on a 6-pound, 2-ounce grams. Today, approximately 75 per- We have seen it before. We have seen baby girl. cent of insured employees are covered it in the 1–800–Big Brother scheme that Instead of continuing this procedure by managed care plans. A large amount would require the Federal Government in which the doctor would stick scis- of that 75 percent is questioning wheth- to sign off on each and every job hiring sors into the back of the girl’s head er they are served well by that system. in this Nation. We have seen it in pro- and then vacuum her brains out, the

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5970 CONGRESSIONAL RECORD — HOUSE July 21, 1998 abortionist decided to stop the abor- consideration of the bill (H.R. 4193) making (Mr. HASTINGS of Washington asked tion and deliver the 6-pound, 2-ounce appropriations for the Department of the In- and was given permission to revise and little girl. terior and related agencies for the fiscal year extend his remarks.) ending September 30, 1999, and for other pur- What if this abortionist had contin- poses. The first reading of the bill shall be Mr. HASTINGS of Washington. Mr. ued the partial-birth abortion? Would dispensed with. Points of order against con- Speaker, for purposes of debate only, I he have been convicted of killing Baby sideration of the bill for failure to comply yield the customary 30 minutes to the Phoenix? Absolutely not. Under our with section 306 or 401 the Congressional gentlewoman from New York (Ms. Nation’s abortion law, the doctor could Budget Act of 1974 are waived. General de- SLAUGHTER), pending which I yield my- have continued the partial-birth abor- bate shall be confined to the bill and shall self such time as I may consume. Dur- tion and delivered Baby Phoenix dead. not exceed one hour equally divided and con- ing consideration of this resolution, all Our Nation’s law protects this infan- trolled by the chairman and ranking minor- time yielded is for purposes of debate ity member of the Committee on Appropria- ticide, the right of the doctor to kill a tions. After general debate the bill shall be only. baby just because she is not fully out- considered for amendment under the five- Mr. Speaker, H. Res. 504 is an open side her mother’s body. Like Baby minute rule. The amendments printed in rule which waives all points of order Phoenix, my son Dan was only 6 pounds part 1 of the report of the Committee on against consideration of the bill for when he was born. I remember cradling Rules accompanying this resolution shall be failure to comply with section 306 or him in my hands. He was so tiny, but considered as adopted in the House and in section 401 of the Budget Act of 1974. so perfect. the Committee of the Whole. Points of order The rule provides one hour of general Those that oppose the Partial-Birth against provisions in the bill, as amended, for failure to comply with clause 2 or 6 of debate, equally divided between the Abortion Ban Act support the right to rule XXI are waived except as follows: page chairman and ranking minority mem- kill babies like these. We should vote 88, line 10, through page 89, line 6. If an un- ber of the Committee on Appropria- to override the President’s veto of the protected provision is stricken on a point of tions. The rule further provides that Partial-Birth Abortion Ban Act and order, the Committee of the Whole shall im- the amendments printed in the Com- pass it into law this year. mediately consider the amendment printed mittee on Rules report accompanying f in part 2 of the report of the Committee on the resolution shall be considered as Rules if offered by Representative Johnson adopted. IRS REFORM BILL of Connecticut or her designee. That amend- The rule also waives clause 2, prohib- (Mr. JONES asked and was given per- ment shall be considered as read, be debat- able for 30 minutes equally divided and con- iting unauthorized appropriations and mission to address the House for 1 trolled by the proponent and an opponent, legislative provisions, and clause 6, minute.) shall not be subject to amendment, and shall prohibiting reappropriations in an ap- Mr. JONES. Mr. Speaker, my con- not be subject to a demand for division of the propriations bill, of rule XXI against stituents in the third district of North question in the House or in the Committee of the bill, except as follows: Page 88, line Carolina have expressed their apprecia- the Whole. The amendment printed in part 3 10, through page 89, line 6. tion for this Congress for passing the of the report of the Committee on Rules may be offered only by Representative Young of The rule makes in order those Internal Revenue Service Restructur- amendments printed in the Committee ing and Reform bill, which awaits the Alaska or his designee, may be offered only at the appropriate point in the reading of the on Rules report, which shall be consid- President’s signature. bill, shall be considered as read, shall be de- ered as read, shall be debatable for the This is an opportunity for President batable for 30 minutes equally divided and time specified in the report, equally di- Clinton to sign into law legislation controlled by the proponent and an oppo- vided between a proponent and an op- that protects American taxpayers from nent, shall not be subject to amendment, and ponent, and shall not be subject to IRS abuse and prove to the American shall not be subject to a demand for division amendment. The rule also waives all people that he is willing to work with of the question in the House or in the Com- mittee of the Whole. All points of order points of order against amendments this Congress to provide substantial printed in the Committee on Rules re- tax reform for all Americans. against the amendments printed in the re- port are waived. During consideration of the port. The IRS Reform bill is long overdue bill for further amendment, the Chairman of Mr. Speaker, the rule permits the legislation that would shift the burden the Committee of the Whole may accord pri- Chair to accord priority in recognition of proof from the hard-working Amer- ority in recognition on the basis of whether to Members who have preprinted their ican taxpayer back to the IRS where it the Member offering an amendment has amendments in the CONGRESSIONAL belongs. In addition, taxpayers will re- caused it to be printed in the portion of the RECORD. It allows the Chair to post- ceive 74 new rights and protections Congressional Record designated for that purpose in clause 6 of rule XXIII. Amend- pone recorded votes and reduce to five that will help reduce the power of the minutes the minimum time for elec- Internal Revenue Service and bring ments so printed shall be considered as read. The chairman of the Committee of the Whole tronic voting on any postponed votes, fairness to a corrupt system. may: (1) postpone until a time during further provided that voting on the first of any I urge the President to sign the IRS consideration in the Committee of the Whole series of questions shall be not less Reform bill and to work with the 105th a request for a recorded vote on any amend- than 15 minutes. Congress to continue providing hard- ment; and (2) reduce to five minutes the min- The rule waives points of order working Americans with a tax relief imum time for electronic voting on any post- against amendments for failure to they need and rightly deserve. poned question that follows another elec- comply with clause 2(e) of rule XXI, f tronic vote without intervening business, provided that the minimum time for elec- prohibiting non-emergency amend- PROVIDING FOR CONSIDERATION tronic voting on the first in any series of ments to be offered to a bill containing OF H.R. 4193, DEPARTMENT OF questions shall be 15 minutes. During consid- an emergency designation under the THE INTERIOR AND RELATED eration of the bill, points of order against Budget Act. AGENCIES APPROPRIATIONS amendments for failure to comply with Finally, the rule provides for one mo- clause 2(e) of rule XXI are waived. At the ACT, 1999 conclusion of consideration of the bill for tion to recommit, with or without in- Mr. HASTINGS of Washington. Mr. amendment the Committee shall rise and re- structions. Speaker, by direction of the Commit- port the bill, as amended, to the House with Mr. Speaker, H.R. 4193, the Depart- tee on Rules, I call up House Resolu- such amendments as may have been adopted. ment of the Interior and Related Agen- tion 504 and ask for its immediate con- The previous question shall be considered as cies Appropriations Bill for fiscal year ordered on the bill and amendments thereto 1999 was reported by the Committee on sideration. to final passage without intervening motion The Clerk read the resolution, as fol- Appropriations by voice vote. The bill except one motion to recommit with or with- appropriates a total of $13.4 billion for lows: out instructions. fiscal year 1999, which is roughly $800 H. RES. 504 b 1030 million less than the President’s re- Resolved, That at any time after the adop- tion of this resolution the Speaker may, pur- The SPEAKER pro tempore (Mr. quest and roughly $700 million less suant to clause 1(b) of rule XXIII, declare the NEY). The gentleman from Washington than what was appropriated last year. House resolved into the Committee of the (Mr. HASTINGS) is recognized for one The bill’s spending level is equal to Whole House on the state of the Union for hour. the subcommittee’s 302(b) allocation

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5971 for discretionary budget authority. Ap- and Indian health care. In fact, I would offered by the gentleman from Illinois proximately one-half of the bill’s fund- have been pleased to vigorously sup- (Mr. YATES). ing finances Interior Department pro- port this rule if it had protected all The question was taken; and the grams to manage and study the Na- portions of the committee-reported bill Speaker pro tempore announced that tion’s animal, plant and mineral re- from points of order and if it had al- the noes appeared to have it. sources. The balance of the measure’s lowed the precedents of the House to Mr. YATES. Mr. Speaker, I object to funds support other non-interior agen- determine the order in which Members the vote on the ground that a quorum cies that perform related functions. would be recognized to offer amend- is not present and make the point of These include the Forest Service, con- ments. order that a quorum is not present. servation and fossil energy programs However, the rule reported by the The SPEAKER pro tempore. Evi- run by the Department of Energy, and Committee on Rules leaves unpro- dently a quorum is not present. the Indian Health Services, as well as tected a single provision of the bill, al- The Sergeant at Arms will notify ab- the Smithsonian and other cultural or- lowing that provision of the bill to be sent Members. ganizations. struck, but then the rule allows a spec- The vote was taken by electronic de- Mr. Speaker, I commend the chair- ified majority member to offer an vice, and there were—yeas 7, nays 382, man of the Committee on Appropria- amendment to put the same provision not voting 45, as follows: tions, the gentleman from Louisiana back in the bill. [Roll No. 309] Now, why do we go through this cha- (Mr. LIVINGSTON), for requesting an YEAS—7 open rule on this important legislation. rade? Because apparently they wanted to mollify a segment of the conference Conyers Gephardt Nadler Recognizing that certain members DeFazio McDermott have particular concerns about the bill, while simultaneously allowing a ma- Filner Miller (CA) jority Member, who is not a member of the Committee on Rules has reported a NAYS—382 rule which permits those wishing to the Committee on Appropriations or the authorizing committee, to appear Abercrombie Cooksey Hamilton offer amendments to do so. Ackerman Costello Hansen Accordingly, Mr. Speaker, I urge my to take a leadership role on the arts. Aderholt Cox Hastert colleagues to support both the rule and As the Chair of the Congressional Allen Coyne Hastings (FL) Member Organization for the Arts, I Andrews Cramer Hastings (WA) the underlying legislation, H.R. 4193. Archer Crane Hayworth Mr. Speaker, I reserve the balance of encourage all Members to support the arts and welcome their active partici- Bachus Cubin Hefley my time. Baesler Cummings Herger pation and leadership in the ongoing Baldacci Cunningham Hilleary POINT OF ORDER efforts to fund the National Endow- Ballenger Davis (FL) Hilliard Mr. YATES. Mr. Speaker, I make a ment for the Arts at a reasonable level. Barcia Davis (IL) Hinchey point of order that a quorum is not Barr Davis (VA) Hinojosa However, this year in particular, the Barrett (NE) Deal Hobson present and move a call of the House. decision to award this important The SPEAKER pro tempore. Under Barrett (WI) DeGette Hoekstra amendment to a majority Member is Bartlett Delahunt Holden clause 6, rule XV of the House, the extremely unfortunate. This is the last Barton DeLauro Hooley Chair cannot entertain a point of no Bass Deutsch Horn year in which debate on Federal sup- quorum at this stage. Bateman Diaz-Balart Hostettler port of the arts will be led by the dis- Becerra Dickey Houghton PARLIAMENTARY INQUIRY tinguished ranking member of the Sub- Bentsen Dicks Hoyer Mr. YATES. Mr. Speaker, I have a Bereuter Dingell Hulshof committee on Interior of the Commit- Berman Doggett Hunter parliamentary inquiry. tee on Appropriations, the gentleman The SPEAKER pro tempore. The gen- Berry Dooley Hutchinson from Illinois (Mr. YATES). Known as Bilbray Doyle Hyde tleman will state it. the champion of the National Endow- Bishop Dreier Inglis Blagojevich Duncan Istook Mr. YATES. Mr. Speaker, at what ment for the Arts and credited for stage then can the point of no quorum Bliley Edwards Jackson (IL) keeping it alive by the shear force of Blumenauer Ehlers Jackson-Lee be made? his will, the gentleman from Illinois Blunt Ehrlich (TX) The SPEAKER pro tempore. At such Boehlert Emerson Jefferson (Mr. YATES) is retiring at the end of time as the Chair is putting the ques- Boehner English Jenkins the year. Under the normal procedures tion to a vote. Bonilla Ensign Johnson (CT) of the House, the gentleman would Bonior Eshoo Johnson (WI) Mr. YATES. Mr. Speaker, we have a have had the honor of offering amend- Bono Etheridge Johnson, E.B. very important debate coming up on Borski Everett Johnson, Sam ments to strengthen the arts, but this the rule itself, and I would think that Boswell Farr Jones rule deliberately snatches that honor Boucher Fattah Kanjorski this is the proper time for the Chair to from him, for purely partisan reasons. Boyd Fawell Kasich consider that Members of the House Of course, this disappointment can Brady (PA) Fazio Kelly Brady (TX) Foley Kennedy (MA) ought to hear the debate. I respectfully never obscure the debt that artists, ask the Chair to have that in mind Brown (CA) Forbes Kennedy (RI) arts, educators and arts institutions Brown (FL) Fossella Kildee when it makes the ruling. across the Nation owe to their long Brown (OH) Fowler Kilpatrick The SPEAKER pro tempore. Clause 6 Bryant Fox Kim time champion. Bunning Frank (MA) Kind (WI) of rule XV restrains the Chair from en- Mr. YATES. Mr. Speaker, will the tertaining the point of order at this Burr Franks (NJ) King (NY) gentlewoman yield? Buyer Frelinghuysen Kingston point in time. Mrs. SLAUGHTER. I yield to the Callahan Frost Kleczka The gentlewoman from New York gentleman from Illinois. Calvert Furse Klink (Ms. SLAUGHTER) is recognized for 30 Camp Gallegly Klug f Campbell Ganske Knollenberg minutes. Canady Gejdenson Kolbe (Ms. SLAUGHTER asked and was MOTION TO ADJOURN Cannon Gekas Kucinich given permission to revise and extend Mr. YATES. Mr. Speaker, I move Capps Gibbons LaFalce her remarks.) Carson Gilchrest LaHood that the House do now adjourn. Castle Gillmor Lampson Ms. SLAUGHTER. Mr. Speaker, I The SPEAKER pro tempore. Does the Chabot Gilman Lantos yield myself such time as I may con- gentlewoman from New York (Ms. Chambliss Goode Largent sume. SLAUGHTER) yield for that purpose? Chenoweth Goodlatte Latham Mr. Speaker, I thank the gentleman Christensen Goodling LaTourette Ms. SLAUGHTER. Mr. Speaker, I Clay Gordon Lazio from Washington (Mr. HASTINGS) for yield. Clayton Goss Leach yielding me the customary half hour. The SPEAKER pro tempore. The Clement Graham Lee Mr. Speaker, this rule has many good Clerk will report the motion. Clyburn Granger Levin The Clerk read as follows: Coble Green Lewis (CA) features. It is an open rule that will Coburn Greenwood Lewis (GA) allow Members to work their will. It Mr. YATES of Illinois moves that the House Collins Gutierrez Lewis (KY) self-executes important amendments do now adjourn. Combest Gutknecht Linder that deal with vital issues, such as the The SPEAKER pro tempore. The Condit Hall (OH) Lipinski Cook Hall (TX) Livingston wildland fire suppression, forest health question is on the motion to adjourn

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5972 CONGRESSIONAL RECORD — HOUSE July 21, 1998 LoBiondo Pease Smith (OR) PROVIDING FOR CONSIDERATION trance Examination Board showed that Lofgren Peterson (PA) Smith (TX) OF H.R. 4193, DEPARTMENT OF students with 4 or more years of arts Lowey Petri Smith, Adam Lucas Pitts Smith, Linda THE INTERIOR AND RELATED classes raised their SAT scores by 53 Luther Pombo Snowbarger AGENCIES APPROPRIATIONS points on the verbal and 35 points on Maloney (CT) Pomeroy Snyder ACT, 1999 the math portions of the test. For 36 Solomon Maloney (NY) Portman cents per capita, how can we not even Manton Price (NC) Souder Ms. SLAUGHTER. Mr. Speaker, this Spence Manzullo Pryce (OH) is the last year in which debate on the consider making this investment? Spratt Martinez Quinn The NEA is also instrumental in Stabenow Federal support for the arts will be led Mascara Radanovich Stark by the distinguished gentleman from making sure all Americans have access Matsui Rahall Stearns Illinois (Mr. YATES), the ranking mem- to the arts. Through its innovative new McCarthy (MO) Ramstad Stokes ber of the Subcommittee on Interior of program, ArtsREACH, the agency is McCarthy (NY) Rangel Strickland McCollum Redmond Stump the Committee on Appropriations. Re- working to stimulate participation in McGovern Regula Stupak nowned as the champion of the NEA areas that are often underserved by the McHugh Reyes Sununu and credited for keeping it alive by the arts grants. This program, which will McInnis Riggs Talent sheer force of his will, the gentleman be announcing its first set of grants McIntosh Riley Tanner McIntyre Rivers Tauscher from Illinois is retiring at the end of later this year, provides funding di- McKeon Rodriguez Tauzin the year. rectly to communities and States that McKinney Roemer Taylor (MS) Under the usual procedures of the receive fewer than five grants during Meehan Rogan Taylor (NC) Thomas House, the gentleman would have the the preceding year. With help from the Meek (FL) Rogers honor of offering amendments to NEA, communities develop a cultural Meeks (NY) Rohrabacher Thompson Thornberry Menendez Ros-Lehtinen strengthen the arts. But this rule takes plan with input from the local Cham- Thune Metcalf Rothman that honor away from him. Of course, ber of Commerce, social service agen- Thurman Mica Roybal-Allard Tiahrt this disappointment can never obscure cies, police departments, mayors, local Millender- Royce Tierney the debt that artists, art educators, artists and other community leaders. McDonald Rush Torres and art institutions across the Nation Outreach grants will enable commu- Miller (FL) Ryun Towns Minge Sabo Traficant owe to their long-time champion. His- nities to undertake such endeavors as Mink Salmon Upton tory will record SID YATES’ legacy, the building performance and exhibit Moakley Sanchez Velazquez vitality of the arts across our Nation. spaces, enhancing opportunities in arts Mollohan Sandlin Vento This rule cannot tarnish SID YATES’ education, and developing arts alter- Moran (KS) Sanford Visclosky leadership on the issue, but it does Moran (VA) Sawyer Walsh natives for youth at risk. Morella Saxton Wamp demonstrate the nature of the leader- Mr. Speaker, we may hear opponents Murtha Scarborough Waters ship so caught up in its power that it of the NEA argue that the agency is no Myrick Schaefer, Dan Watkins has the audacity to deny the foremost Watt (NC) longer needed, that the private sector Neal Schaffer, Bob supporter of the arts one last chance to Nethercutt Scott Watts (OK) is fully capable of supporting the arts Neumann Sensenbrenner Waxman lead the battle for the NEA survival. in America. I respectfully beg to differ. Weldon (FL) Ney Serrano Mr. Speaker, I would like to take a Weller Every Federal dollar spent by the Na- Nussle Sessions few moments to talk about the Na- Wexler tional Endowment for the Arts Shadegg Oberstar Weygand tional Endowment for the Arts. It has Obey Shaw leverages many additional public dol- White been 32 years since President Johnson lars at the State and local levels, as Olver Shays Whitfield signed into law the bill legislation that Oxley Sherman Wicker well as multiple private donations. Packard Shimkus Wilson would create the National Endowment Funding for the arts rests on a delicate Pallone Shuster Wise for the Arts. He, along with most balance of Federal, State, and local Pappas Sisisky Wolf Americans, believed that the Federal government funding, ticket sales, other Parker Skaggs Woolsey Government must have a role in sup- Pascrell Skeen Wynn earned income, as well as corporate Pastor Skelton Yates porting arts. and individual philanthropic giving. No Since then we have seen a profound Paul Slaughter arts organization can survive on earned Paxon Smith (MI) impact on the nonprofit arts commu- income alone. In fiscal year 1997, the Payne Smith (NJ) nity in this country. The number of $99.5 million contributed by the Fed- arts agencies has risen from five in 1965 NOT VOTING—45 eral Government helped leverage $280 to 56 today. Local arts agencies have million in State funding and more than Armey Gonzalez Owens grown from 400 to 4,000. Nonprofit thea- Baker Harman Pelosi $675 million from local governments. ters from 56 to 425. Orchestras from Bilirakis Hefner Peterson (MN) The Federal Government needs to con- Pickering 1,000 to 1,800, and opera companies from Burton Hill tinue to do its share. Cardin John Pickett 27 to 120. Crapo Kaptur Porter From an economic perspective, the Mr. Speaker, it is time to stop hold- Poshard Danner Kennelly benefits of the NEA are unmistakable. ing the NEA a political hostage. We DeLay Markey Roukema Sanders owe this to the agency, to the artists, Dixon McCrery Last year, the $98 million allocated to Schumer and most importantly to our constitu- Doolittle McDade the NEA provided the cornerstone for a Stenholm McHale ents. Dunn Turner $37 billion industry. For the price of Engel McNulty Weldon (PA) one hundredth of one percent of the In the 1996 Louis Harris poll, a major- Evans Northup Young (AK) Federal budget, we helped create 1.3 ity of all Americans supported a Fed- Ewing Norwood Young (FL) eral role in funding the arts. Federal Ford Ortiz million full-time jobs in States, cities, towns, and villages across the country, funding for the arts has been and will generating $3.4 billion for the Federal continue to be a hallmark of civilized b 1102 Treasury in income taxes. societies around the world. The bene- fits that we receive for our economy, Messrs. HASTINGS of Florida, The U.S. Conference of Mayors, and for our children, and for our commu- ISTOOK, LINDER, SAXTON, NUSSLE, more than 100 CEOs of major corpora- tions, all support the NEA because nities far outweigh our small financial WHITE, KLUG and COOKSEY changed they recognize the contribution of the investment. I urge my colleagues to op- their vote from ‘‘yea’’ to ‘‘nay.’’ arts to our economy and to our culture. pose any efforts to shrink this impor- Mr. MINGE changed his vote from Most importantly, we must not for- tant responsibility. ‘‘present’’ to ‘‘nay.’’ get the impact of the arts on our Na- Mr. Speaker, the bill reported by the tion’s most precious resource, our chil- Committee on Appropriations recog- So the motion to adjourn was re- dren. Providing students access to art nized the benefits of the arts by provid- jected. has a significant impact on their over- ing $98 million, nearly level funding. The result of the vote was announced all development, including academic That funding should have remained in as above recorded. achievement and behavior. In fact, a the bill, making an amendment to re- study conducted by the College En- store it unnecessary.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5973 However, this rule allows the funding and especially to the gentleman from ligation to the authorizing committees to be struck and then allows an amend- Illinois (Mr. YATES) who is without a and we left the NEA funding exposed. ment to restore it. If the rule passes, I question the personification of the Now, we also wrote into the rule, and ask my colleagues to vote for the word ‘‘gentleman’’ in this body. I have the language right here, that if amendment to restore the NEA fund- Mr. YATES. Mr. Speaker, will the someone, myself or anyone else, should ing. gentleman yield? strike the funding for the NEA because Mr. Speaker, I regret that the Com- Mr. SOLOMON. I yield to the gen- it had not been authorized, we would mittee on Rules chose this procedure; tleman from Illinois. then make in order an amendment by however, in the end, the rule does allow Mr. YATES. Mr. Speaker, I thank the the gentlewoman from Connecticut a straight up-or-down vote to provide gentleman from New York (Mr. SOLO- (Mrs. NANCY JOHNSON), wherever she is funding for the National Endowment MON) very, very much, both for his very here, that would restore $98 million, for the Arts. kind words and for yielding me this the entire funding match from last Mr. Speaker, I reserve the balance of time. year, to this issue, and we would have my time. Mr. Speaker, the gentleman from a debate, up or down, on this bill. Mr. HASTINGS of Washington. Mr. New York is incorrect in asserting Now, we did something else earlier Speaker, I yield such time as he may that, like Bill Natcher, my good friend on, because in the Committee on Ap- consume to the distinguished gen- and his as well, I brought the Interior propriations I think our good friend, tleman from New York (Mr. SOLOMON), bill when I was chairman, to the floor, the gentleman from Wisconsin (Mr. chairman of the Committee on Rules. the Interior bill when I was chairman, OBEY), who is also one of the highly re- Mr. SOLOMON. Mr. Speaker, I thank without a rule. That is not correct. spected Members of this body, saw fit the gentleman from Washington (Mr. I brought the bill to the floor asking to offer an amendment where he placed HASTINGS) for yielding me this time. for waivers of the unauthorized pro- in the appropriation bill money for this Mr. Speaker, I was upstairs in my of- grams that were in the bill, including unauthorized program, and he took it fice up in the Committee on Rules pre- the National Endowment for the Arts. out of the account which funds fire paring for some Rules meetings so that The gentleman from Massachusetts fighting on Federal lands in this coun- the House can expedite all of these ap- (Mr. MOAKLEY), who was then in the try. Now, that to me is a high priority. propriation bills that keep coming position now occupied by the distin- We know the heat wave that is striking down here on us, and I heard the word guished gentleman from New York, this country. We need those funds in ‘‘partisanship’’ mentioned several gave us a waiver on all of those. The the bill. times. gentleman differs in that respect by re- We have self-executed into this bill Mr. Speaker, I am going to retire fusing to grant that waiver to the Na- the funds that were taken out of it for from this body come December 31, and tional Endowment for the Arts. fire fighting, at the request of the gen- the one thing I guess I will not miss Mr. SOLOMON. Mr. Speaker, re- tlewoman from Idaho (Mrs. HELEN about this body is when people stand claiming my time, I thank the gen- CHENOWETH). It is her amendment. And up any time there is a disagreement tleman from Illinois for his clarifica- I want to commend her highly, because and they start yelling partisanship. It tion. Let me just point out the dif- if it were not for her, right now these should not be that way. ference now between the current ma- funds would not be in this bill. So I We can disagree. Reasonable people jority and the old Democratic major- highly commend the gentlewoman for can disagree. But we ought to come ity. what she has done. down here and we ought to argue it out In the past, the Committee on Appro- Now, her amendment, once this rule on a friendly basis. I say that with all priations would overrule the standing passes, is in the bill. It restores the $67 due respect to the gentlewoman from committees, the authorizing commit- million. Now, then, the House is going New York (Ms. SLAUGHTER) who rep- tees, of which there are 13 in this body. to have the opportunity, whether Mem- resents one of the nicest places in New They would legislate in their appro- bers are for or against the NEA, to York State, as I do. She represents priation bills. This would create a lot work its will on an up or down vote. We Rochester, New York. of animosity on both sides of the aisle. cannot be any more fair than that. And But let me explain why we are here We now have a protocol where if an we have attempted to be as fair as we in the first place. And I do so because issue appears in an appropriation bill, possibly could. there are not many Members, like the and it has not been authorized by the Mr. OBEY. Mr. Speaker, will the gen- gentleman from Missouri (Mr. GEP- authorizing committee which, under tleman yield? HARDT) and myself and many others, the rules of this House, has the obliga- Mr. SOLOMON. Could the gentleman who have been around here for a period tion to deal with these authorization claim some time from the gentle- of time. Two-thirds of the House is new programs, then we just do not protect woman from New York (Ms. SLAUGH- in the last couple of elections, and them unless we do have the support of TER)? maybe they do not understand. But, the authorizing committee. Mr. OBEY. Since the gentleman used Mr. Speaker, we have rules in this Mr. Speaker, here is the letter from my name, I want the gentleman to House. And when we have appropria- the gentleman from Pennsylvania (Mr. yield to me. tion bills, we generally bring those ap- GOODLING), chairman of the Committee Mr. SOLOMON. Well, I am cutting propriation bills right to the floor and on Education and the Workforce. The into other Members’ time, but I will we let the House work its will. gentleman points out that his commit- yield for 30 seconds. Now, there is a problem with that be- tee has not authorized the National Mr. OBEY. Thirty seconds is all I cause if we do that, then there are Endowment for the Arts, nor do they need. many items in these bills that are sub- intend to this year. That means, under I would simply point out that money ject to points of order. That means normal protocol then, we would simply was taken from the fire fighting ac- they can be stricken out without any leave this issue unprotected and that count because that was where money debate whatsoever. We have two Mem- would be the end of it because some was intentionally parked by the com- bers of this body, one is departed, de- Member, like myself who opposes Fed- mittee, which they knew was above the ceased now, and the other is about to eral funding of the National Endow- amount that they were going to be leave with me in December. And his ment for the Arts, and we can differ on asked to be spent on that item anyway. name is SID YATES, and the other was that whether that is right or wrong, So we took the money from the ac- a man named Bill Natcher of Ken- but I or any other Member should count that the gentleman’s own com- tucky. They used to bring these bills stand up and strike it. There would be mittee leadership planned to take it right to the floor and let the House no debate on this issue. from to do the very thing that we did. work their will. Now, instead of that, in trying to be I do not know how we can be blamed If we did that we, of course, would fair to Members on both sides of the for that. not have a debate on an issue that is aisle, Republicans and Democrats both Mr. SOLOMON. Mr. Speaker, re- terribly important to many Members divided on this issue, we issued a rule claiming my time, I do not think the of the House on both sides of the aisle, and we lived up to the protocol, our ob- gentleman can explain that to the 21

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5974 CONGRESSIONAL RECORD — HOUSE July 21, 1998 fire fighters from my district that went I urge my colleagues to reject this The ultimate irony is that funding for out to fight fires and were gone for 3 rule and support full funding for the the National Endowment for the Arts months in this country. National Endowment for the Arts. came from the fire fighting account. Ms. SLAUGHTER. Mr. Speaker, I Mr. HASTINGS of Washington. Mr. Now, that is a misprioritization of our yield 2 minutes to the gentleman from Speaker, how much time is there on funds. It would be especially odd con- Missouri (Mr. GEPHARDT), the minority both sides? sidering that the NEA is an organiza- leader of the House of Representatives. The SPEAKER pro tempore (Mr. tion this body has elected to termi- (Mr. GEPHARDT asked and was NEY). Both sides have 19 minutes re- nate. But to fund the NEA at the cost given permission to revise and extend maining. of the wild land fire fighting capabili- his remarks.) Mr. HASTINGS of Washington. Mr. ties is unacceptable. Mr. GEPHARDT. Mr. Speaker, I rise Speaker, I yield 5 minutes to the gen- I appreciate the Committee on Rules today to speak against the Republican tlewoman from Idaho (Mrs. accepting my amendment to reconfirm rule on the National Endowment for CHENOWETH). our priorities. I do not intend to en- the Arts and in support of full funding Mrs. CHENOWETH. Mr. Speaker, I gage in a debate in the validity of for the NEA. We must make this com- thank the gentleman from Washington using taxpayers’ monies at this point mitment not only to fulfill our Na- for yielding me this time. in time for the arts. Suffice it to say tion’s cultural life but also to nourish Mr. Speaker, I first want to express that I do not support the NEA in its the local economic development efforts my heartfelt appreciation to the chair- present form. I will say, though, that which rise from our investments in the man of the Committee on Rules, my when the Federal Government controls arts. friend, the gentleman from New York vast amounts of land and absolutely re- I hope that the majority of the House (Mr. JERRY SOLOMON), and I will miss fuses to take steps to prevent and con- will eventually support funding for the him terribly. The gentleman from New trol wildfires, steps such as thinning or National Endowment for the Arts, but York worked tirelessly to guarantee harvesting dead and dying timber, and we can only get there by crossing an that my amendment to increase wild steps such as providing roads, like they obstacle course put in place by the Re- land fire fighting capabilities is consid- admit now they needed in Florida in publican leadership. Their Byzantine ered as adopted, and I thank the chair- order to prevent the wildfires from maneuvering on this rule is a waste of man for recognizing the importance of spreading, the Federal Government the House’s precious time. the funding of this account and for his must pay for fire suppression and pro- Support for NEA is more than just leadership. tect communities, forests, wildlife about the love of art or high-minded Mr. Speaker, as chairman of the Sub- habitat and the State and private for- support of cultural endeavors. It is committee on Forests and Forest ests and private property. about supporting the efforts of State Health of the Committee on Resources, The Clinton Administration’s hands- and local governments to create eco- it is easy to understand my elation off approach to forest management is nomic growth. The NEA’s funding goes when I learned that the Subcommittee coming back to haunt us. The adminis- to projects which increase economic on Interior of the Committee on Appro- tration’s poor management has re- opportunity by promoting the cultural priations increased the wild land fire sulted in some very serious fires. In and artistic activities of local citizens. management account. With roughly a 1996 we burned 3 million acres. How The arts enhance a community’s qual- half million acres burned and burning many more acres will it take for them ity of life, thereby attracting industry, in Florida, and I guess just the recent to wake up and change their manage- jobs, and increasing the tax base. In- rains have just finally put those fires ment priorities? We are, at the begin- vestment in the arts is both economi- out, and with one and a half million ning of this summer, at 1.5 million cally prudent and wise. acres burned so far this year nation- acres already and counting, and it is Federal funds are leveraged by local- wide, the subcommittee properly fund- only mid-July. Their attitude has been ities to bring about a bigger bang for ed the fire fighting account and they let it burn, but just be sure and get a the NEA buck. The $98 million invested funded it at a higher level. good picture. in the NEA by the Federal Government This should be a national priority, to I am pleased again, Mr. Speaker, that stimulated State and local govern- make sure that our national resources our chairman of the Committee on ments to provide more than $975 mil- do not burn. We very well may have a Rules, the gentleman from New York lion to the arts. This is big business: record fire year this year, even exceed- (Mr. SOLOMON), worked so hard to help The nonprofit arts industry generates ing the fire year of 1910. I would not be me in restoring funding. $36 billion of business annually and surprised to see more acres burn this Ms. SLAUGHTER. Mr. Speaker, I supports 1.3 million full-time jobs. year than in 1910. The subcommittee’s yield 3 minutes to the gentleman from And the NEA benefits rural as well as response was very proper. So, Mr. Illinois (Mr. YATES). urban areas. The NEA’s partnerships Speaker, when the full appropriations (Mr. YATES asked and was given per- foster rural community revitalization, legislation left the fire fighting budget mission to revise and extend his re- downtown development, and historic seriously underfunded, my disappoint- marks.) revitalization. The cultural traditions ment and distress should come as no Mr. YATES. Mr. Speaker, this is a of local communities can serve as a surprise. strange rule. In almost 50 years in the strategy for economic development of Now, let me say that I appreciate the House, I have seen a lot of strange economically depressed rural commu- arts. Let me also say that I declared a rules, but I think this is probably the nities. major in music. Let me also say I re- strangest and probably the most politi- Also, funding for the NEA is about ceived a scholarship in music. My cal. supporting a full and rich education for whole family is very, very musical. I The Committee on Appropriations our children. In 1997, 10 percent of its appreciate the arts. But this is a Na- had gone out of its way to approve the annual grant dollars were spent in sup- tion that must have its funds in order amendment offered by the gentleman port of pre-K through 12 arts education and its priorities in order as to how we from Wisconsin (Mr. OBEY) to re-fund programs. NEA grants are used to pro- expend these funds. the National Endowment for the Arts. vide educational opportunities for mil- When we are a Nation that can meet This rule kills the action of the sub- lions of children to learn and be en- the necessary services, like a national committee. riched by the arts, opportunities that defense, fire fighting for our public And, incidentally, that vote was a bi- would not exist without the NEA. lands, and take good care of the re- partisan one. Not only the Democrats, So we need to fund the NEA to make sources that we already have, such as but five Republicans helped pass the sure that we nurture the artistic capa- our forests, then, absent pornographic Obey amendment. This rule kills the bilities of all Americans. Funding for arts, maybe there is a case that can be action of the Committee by denying a the NEA is a small investment in the made for the National Endowment for waiver that would bar a point of order spiritual and intellectual health of our the Arts, but only after we have taken for lack of authorization of the pro- country. It has and will continue to care of all the necessary services. gram. pay great dividends for our Nation, far I am not sure that this should ever be Then the rule turns around, having beyond its modest cost. a function of the Federal Government. taken the money away from NEA, and

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5975 tries to put it back by giving the gen- (Mr. WELLER asked and was given Ms. SLAUGHTER. Mr. Speaker, I tlewoman from Connecticut (Mrs. permission to revise and extend his re- yield 5 minutes to the gentleman from JOHNSON) the opportunity to offer an marks.) Wisconsin (Mr. OBEY). amendment to restore it. Mr. WELLER. Mr. Speaker, I rise Mr. OBEY. Mr. Speaker, I take the My good friend, the chairman of the today in support of this rule and for floor today not so much in anger as in Committee on Rules, says ‘‘What could this legislation, the FY 1999 Interior bemusement. This rule is the most bla- be fairer than that?’’ I will tell the gen- appropriations bill. tantly partisan manipulation of the tleman that, in my opinion, what could I also want to thank the chairman, House rules that I have seen in my 29 be fairer than that would be if he had the gentleman from Ohio (Mr. REGULA), years’ service here. And I guess what I provided the waiver for NEA that he and the gentleman from Illinois (Mr. feel more than anything else is simply gave to about 30 other unauthorized YATES), the ranking member, for their sorrow for those who feel that they programs in the bill. NEA was unfairly bipartisan support of the Midewin Na- have to engage in such manipulations singled out for the denial of a waiver. tional Tallgrass Prairie at the former in order to claim political victories. Mr. SOLOMON. Mr. Speaker, will the Joliet Arsenal in Illinois, what we call I think we ought to take a look at gentleman yield? the Land of Lincoln. the history of the arts to understand Mr. YATES. The gentleman yielded The former Joliet Arsenal in my con- what is being done here today and why. to me. I will be very glad to yield to gressional district was converted to The history is that, for the last 2 years the gentleman from New York. peacetime uses by way of legislation and really for a number of years before b 1130 passed by this House and signed into that, a large segment of the Republican Mr. SOLOMON. Mr. Speaker, I would law by the President in 1996. Out of this Caucus in this House has had as its just point out to the respected gen- legislation came the Midewin National number one mission the elimination of tleman that no other authorizing com- Tallgrass Prairie, the largest conserva- all Federal funding for the arts. Last mittee had asked to leave a point of tion area of its kind, 19,000 acres, which year no money was provided for fund- order stand except this one. will be available for generations to ing for the arts in this bill by the ma- Let me say to the gentleman, the come. jority party, and it took a clear veto only fair thing was to do it the way we The Midewin Prairie was established threat from the President and a clear did it. The other alternative, and I will to conserve and enhance native popu- bipartisan resistance to their position say this to the gentleman from Mis- lations and habitats of fish, wildlife, by the Senate and an insistence by souri (Mr. GEPHARDT), wherever he may and plants; to provide opportunities for House Democrats that funding be re- be, because he argued to defeat the environmental education and scientific stored before the conference committee rule: If we defeat the rule, the bill research; and to provide recreational on this bill last year did in fact restore comes on the floor without a rule; opportunities for the millions of people the money. under regular order of the House, some- in the Chicago Midwest and throughout This year, the Republican majority one stands up and strikes the funding our Nation. gave zero dollars for the arts in the for the NEA, and then there is no de- This committee has been very helpful original bill that came before our com- bate and there is no funding. in support of the development of the mittee. In committee, I offered the I do not think the gentleman wants Midewin. The Midewin is now on its amendment to restore funding. It was that, and the gentleman from Missouri way to becoming what some have adopted by a virtually unanimous (Mr. GEPHARDT) should reconsider. called the Yellowstone of the Midwest. Democratic vote with, I believe, 5 addi- Mr. YATES. Mr. Speaker, reclaiming This legislation contains $2.7 million tional Republican friends supporting us my time, I think that does not vitiate for operations, planning and design and to create a bipartisan majority for the error that took place in not having for development so that visitors can be funding the arts. waived the rule of the House for NEA, coming in the coming year. This rule under which the bill will as was done for the other programs. As my colleagues know, this is a high now be debated simply allows a single For 10 years we have brought our bill priority environmental initiative. This Member to eliminate the funding for to the Committee on Rules asking for a project has long had bipartisan sup- the arts under the excuse that they are waiver of all the unauthorized pro- port, including support from the entire not technically authorized. And then it grams. When the gentleman from Mas- Illinois delegation. My friend and col- makes it in order to restore the very sachusetts (Mr. MOAKLEY) occupied the league the gentleman from Illinois (Mr. money which they will have just Chairman’s seat now claimed by the YATES) has been a great advocate and stricken, but only if that amendment gentleman from New York (Mr. SOLO- supporter of the Midewin, and I salute is offered by a Republican. MON), he gave this waiver to NEA and him for that. Is there anyone on the House floor we brought it to the floor and we han- Creation of the Midewin Tallgrass who does not see through that charade? dled it successfully. Prairie was widely supported by busi- Is there anyone who does not under- The SPEAKER pro tempore (Mr. ness, labor, veterans, the environ- stand that what this indicates more NEY). The time of the gentleman from mental community, local elected offi- than anything else is that this House, Illinois (Mr. YATES) has expired. Mr. HASTINGS of Washington. Mr. cials, and our outgoing Governor Jim in the closing days before the election, Speaker, I yield 1 minute to the distin- Edgar. The U.S. Forest Service, in is being turned by the majority leader- guished gentleman from Illinois (Mr. partnership with the Illinois Depart- ship from a legislative body into a re- ment of Natural Resources, has been YATES). election machine? Does anybody really Mr. YATES. Mr. Speaker, I thank the working with various agencies, organi- believe there is any other game but gentleman for yielding, and I thank zations and individuals, including to that going on? both him and the chairman of the com- the point where ‘‘Team Midewin’’ has It is really, in my view, this kind of mittee as well for their cooperation. obtained $2.3 million in private sector manipulation that makes so many peo- Mr. Speaker, I just wanted the addi- support for the development of the ple back home think that politics in tional time so I could advise the House Midewin Prairie. this Congress has become more a ques- that I intend to fight the previous This is an excellent example of a pub- tion of what politicians do to each question when the rule comes up for a lic-private partnership. I again want to other rather than what we are supposed vote. We have prepared an amended thank the Committee on Appropria- to be doing for the people we represent. rule with a waiver for NEA that will be tions, under the leadership of the gen- And in my view, it is a regrettable presented to the House, to place it in tleman from Ohio (Mr. REGULA) and chapter in the history of the House. the same equal status as the other un- the gentleman from Illinois (Mr. The rule has only one purpose. It authorized programs, and I would hope YATES), for funding this project. It is knocks out funding put in the bill on a that the House would approve that important to Illinois. It is important Democratic motion for the purpose of amended rule. to our Nation. It is a top environ- giving a Republican Member a chance Mr. HASTINGS of Washington. Mr. mental priority. I thank them for sup- to claim credit for putting it back, and Speaker, I yield 2 minutes to the gen- porting the Midewin Tallgrass Prairie. it also has the parliamentary effect of tleman from Illinois (Mr. WELLER). I urge support of this legislation. raising the number of votes required to

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5976 CONGRESSIONAL RECORD — HOUSE July 21, 1998 preserve the arts because we have to I generally support the efforts of the In short, the NEA is good for education and have a majority to put the money back gentleman from Maryland (Mr. good for our children. NEA funds help every in rather than a majority to take it GILCHREST) to promote our barrier is- State in the country. The NEA is a sound eco- out. That is all it does. lands. He is a true champion in that re- nomic investment by the federal government, And all I would say to my friends on spect. But the particular amendment and it plays a critical role in improving our ev- the Republican side is that if that is that he is proposing today, or may pro- eryday loves and promoting the general wel- what it takes to make them feel good, pose today, strips out a provision in fare. I personally feel that one thing that has if that is what it takes to make them the bill that ensures that a law that been proven by its distinguished history is feel a little bit more secure from public has already been signed by the Presi- that, when it comes to fostering the arts, the opinion, by all means, go ahead. But it dent, 2 years ago in fact, making tech- NEA is the best option there is, the best there is not going to fool anybody, not on nical corrections to the Coastal Barrier was, and the best thatÐfor the foreseeable fu- this floor and not anybody watching. system maps goes forward. It seems to tureÐthere ever will be. So go ahead, play the partisan me that we have already fixed that Mr. Speaker, the arts are vital in games. It is amazing to me to see what problem and we do not need to go back. American life, and the NEA is vital to some people will do in order to try to I agree with what the gentleman promote the arts. It has contributed to claim a political victory. But in the from Maryland (Mr. GILCHREST) is say- the tremendous growth of professional end, what counts is not these partisan ing prospectively, but I hope that his orchestras, nonprofit theaters, dance manipulations; it is whether or not the amendment today will not pass because companies and opera companies arts are funded. That is a grace note it unties the fixes that we have made throughout the country. Before the this society needs. to settle the maps correctly and get NEA, there were 58 orchestras in the And so, regardless of the ludicrous- them done properly in a fair interest country. Today there are more than ness of the rule, I expect to support the between private-property rights’ inter- 1,000. Before the NEA, there were 37 amendment when the time comes. ests and the public’s interest. professional dance companies. Now Mr. HASTINGS of Washington. Mr. I urge support for the rule and the there are 300. Before the NEA, only 1 Speaker, I yield 2 minutes to the gen- underlying bill. million people attended theater each tleman from Florida (Mr. GOSS), a Ms. SLAUGHTER. Mr. Speaker, I year. Today more than 55 million at- member of the Committee on Rules. yield 1 minute to the gentleman from (Mr. GOSS asked and was given per- tend a year. New York (Mr. NADLER). The NEA also stimulates the growth mission to revise and extend his re- (Mr. NADLER asked and was given of local arts agencies and investment marks.) permission to revise and extend his re- in the arts by State and local govern- Mr. GOSS. Mr. Speaker, I thank the marks.) distinguished gentleman from Wash- Mr. NADLER. Mr. Speaker, I would ment. Before the NEA, only 5 States ington (Mr. HASTINGS) for yielding me be remiss if I did not start off by con- had State-funded arts councils. Today the time. gratulating the gentleman from Illi- all 50 States do. Mr. Speaker, we should not only con- Mr. Speaker, I rise in strong support nois (Mr. YATES) for his over 30 years of the rule. It is also a rule that keeps of leadership in funding for the arts tinue funding the NEA; we ought to in- our word to those who desired an up or and on many other subjects. crease its funding substantially. That down vote on the controversial subject Mr. Speaker, I know there is a great deal of is why it is unfortunate we are consid- of the NEA. controversy surrounding this rule, but rise ering this vital program under this I know that the NEA supporters are today because I think it is necessary to restate silly rule. The Committee has already upset that the burden has shifted. I the vital importance of the National Endow- voted to restore the NEA’s funding, have been a supporter of the NEA in ment of for the Arts. and now we are here playing games the past. I know it is well-championed. Thanks in part to the NEA, the non-profit with the rule that takes out this fund- But I happen to believe under this rule arts industry now generates more than $36 bil- ing precisely so that we can debate we are going to end up in the right lion of business annually, supports 1.3 million putting it back in. What is most impor- place, if we do it even a different way, full-time jobs, and returns $3.4 billion in fed- tant today is that we live up to our and I think we are going to have a good eral taxes every year. constitutional obligation to promote debate. Many local agencies have formed partner- the general welfare, and that means I am also pleased that the rule self- ships with local school districts, law enforce- protecting and promoting the National executes an amendment to fully fund ment, parks and recreation departments, Endowment for the Arts. the wild land fire suppression oper- chambers of commerce, libraries, and neigh- Mr. HASTINGS of Washington. Mr. ation, which is of course a critical borhood organizations. Together they have Speaker, I yield 2 minutes to the dis- issue for the folks in my home State of used the arts to address local community de- tinguished gentleman from California Florida, given the horrible experience velopment issues. (Mr. DREIER). we have just had there. The NEA, however, does much more than (Mr. DREIER asked and was given As usual, the gentleman from Ohio just fund local arts agencies. The NEA sup- permission to revise and extend his re- (Mr. REGULA) has done an extraor- ports nationally important work like the Viet- marks.) dinarily good job of balancing very dif- nam Veterans Memorial, public television pro- Mr. DREIER. Mr. Speaker, I rise in ficult issues, and I want to publicly grams, and numerous touring artist groups strong support of this rule; and I do so thank him. This year’s bill provides that bring excellent art to local communities all with the greatest respect for my very much needed funding increases for the across the nation. What state arts agency good friend, the gentleman from Illi- national parks, the national forest sys- would spend its limited funds on touring dance nois (SID YATES) who, as the gentleman tem, and the national wildlife refuges. or theater groups outside of their state? Only from New York (Mr. SOLOMON) said ear- I am especially appreciative of the the NEA would support these types of touring lier, is going to be retiring. committee’s attention to a number of arts groups who travel across the country The gentleman from Illinois (Mr. initiatives important to my home bringing the arts to the American people. YATES) has over the last several weeks State of Florida, not only the fires, but The NEA also supports arts education, been insisting that the genes that have the Everglades, the OCS Moratorium, which is essential in developing critical think- come from my late father will con- and the Coastal Barrier Resources sys- ing skills such as reading, math and science. tinue, because it is no secret that my tem. These are all things that are vital Last year, the NEA invested $8.2 million, 10% father, who was very active as the head to our quality of life, and they are all of its annual grants, in kindergarten through of the Lyric Opera Company in Kansas truly national assets. grade 12 arts programs. The U.S. Labor De- City, Missouri and several other orga- While we have an opportunity to dis- partment report of the Secretary's Commission nizations, was a strong supporter of the cuss the Coastal Barrier Resources on Achieving Necessary Skills cites the impor- National Endowment of the Arts and issue in more detail later on if my col- tant role of arts education in achieving many encouraged me to do that. league the gentleman from Maryland ``core competencies'' for the workplace, includ- But let me just talk for a moment (Mr. GILCHREST) offers an amendment, ing creative problem solving, allocating re- about this rule. I have heard words like I hope that people will reject the sources, team building and exercising individ- ‘‘Byzantine’’ and ‘‘extreme partisan- GILCHREST amendment if it is offered. ual responsibility. ship’’ used to describe this rule, and I

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5977 think it is important for us to note House-Senate conference reconciling had not really said particularly who that there is a great deal of con- fiscal year 1999 energy and water ap- should offer the amendment. My mis- troversy about the National Endow- propriations. sion was to get a clean vote so we ment for the Arts. What is protected in this rule is the would know where 435 Members of this b 1145 backup plan, what they characterize as House stood on the basic issue, and, a backup plan. It is part of the contin- that is, Is it the government’s role to I am on record in the past saying ued attack on TVA in general and in fund the NEA? With all the restric- while I am a very strong supporter of my judgement will ultimately imperil tions, we have put on the NEA, most the arts, I make personal contributions LBL’s future as the national treasure recently the original Senate amend- to different efforts around the country, as a wilderness area in the eastern ment on obscenity upheld by the Su- I do believe that when we look at the United States it is. It sets in motion a preme Court last month, plus the fact limited resources that we have here in transfer of LBL’s management to the that we have three Members of the Washington, D.C. and the fact that pri- National Forest Service. House and three of the Senate sitting orities need to be established, I think Given the budget considerations that on the National Council. I know that a it is a very justifiable debate to say the Forest Service has in respect to the couple of these Members are not very that expending hard-working taxpayer problems it has budgetarily outlined in big fans of the arts, to say the least. dollars on the arts is in fact not the the Public Lands Funding Initiative, I So we have worked out the arrange- most responsible use of those dollars would hate to see LBL get lost in the ment to come to the floor with zero when we have a very strong economy Forest Service backlog. funding, and I think in good faith the and voluntary contributions, with tax Let me just say this. Transferring gentleman from Wisconsin (Mr. OBEY) deductibility, can in fact be expanded. LBL to the Forest Service or perhaps offered the amendment in the full com- But as far as this rule is concerned, other Federal agencies in my judgment mittee, not being sure that this agree- Mr. Speaker, it seems to me that with will not save the taxpayers of this ment would stick in the House. That is this controversy we have without an country one single dime. This is not what brought us to where we are today. authorization run by this structure We are going to have the clean vote on that we have put into place saying that the way to go on LBL. Mr. HASTINGS of Washington. Mr. the NEA. we should not have this measure pro- Speaker, I yield 6 minutes to the gen- Let me say to my friends on the tected in the appropriations bill but we tleman from Ohio (Mr. Regula), the dis- other side of the aisle, there is a dif- will still, when it is struck out, have tinguished subcommittee chairman ference. Had the gentleman from Wis- the opportunity for an up-or-down vote consin’s language been given a waiver, to be made with the Johnson amend- that is responsible for this legislation. (Mr. REGULA asked and was given we would have had a series of amend- ment that will be made in order. So I permission to revise and extend his re- ments from this side, to cut the NEA think that the rhetoric is what has by 2 percent, 3 percent, 4 percent. The troubled me in saying that this is marks.) Mr. REGULA. Mr. Speaker, I thank gentleman from Illinois and I went somehow Byzantine and extremely par- the gentleman for yielding me this through that before, with attempts tisan when we are giving the debate an made to cuts it, and then obviously an opportunity to be heard in the House. I time. First of all I want to say I have been pleased with the debate we have amendment to take it out completely. do support this rule and the final bill What the Committee on Rules has had on this rule. I think we have had as it comes forward. done here is something unique, to give many different points of view ex- Ms. SLAUGHTER. Mr. Speaker, I us that clean vote that the gentleman pressed. I hope that the entire bill will yield 2 minutes to the gentleman from from Illinois and I had agreed was an Tennessee (Mr. TANNER). be treated with the same courtesy and important element of all this, and, the (Mr. TANNER asked and was given respect for the opinions of others. rule provides for this vote. This makes It is clear that one of the major permission to revise and extend his re- it different than the Obey amendment, marks.) issues in the bill is the National En- since there can be no amendments to Mr. TANNER. Mr. Speaker, I too dowment for the Arts. We have wres- the amendment putting the money want to thank the gentleman from tled with this issue, the gentleman back in. That is a different dynamic Ohio (Mr. REGULA) and the gentleman from Illinois and myself, for several than would have been the case had from Illinois (Mr. YATES) for what they years. Last year we went through a there been a waiver on the Obey lan- have done with the underlying bill. But rather convoluted procedure to get to a guage. So I think this is an important I want to talk about a matter that in- final disposition. difference. volves part of our district in Ten- So I started out 6 months ago doing I think given all those cir- nessee, the Land Between the Lakes, some missionary work to reach a solu- cumstances, I hope my friends will not because there is a legislative provision tion on the NEA. I talked to those on push the issue on the previous ques- protected in the rule that makes little our side who would like to abolish it, I tion, that they will support the rule. economic sense, is unfair to the people talked to the leadership on the other Other than that issue and it is clear of the country and is punitive toward side and to the gentleman from Illinois from the discussion this morning, that the Tennessee valley. (Mr. YATES). We finally reached an is the issue in many respects because LBL, Land Between the Lakes, is agreement that we would come to the most of the statements here have been currently managed by the Tennessee floor with a zero funding for the NEA. directed to the NEA rather than the Valley Authority with an annual budg- There was an agreement that we would merits or demerits, of the rule itself. et of about $11 million, $4.5 million of get a waiver on an amendment so to We are going to have that opportunity. that coming from user fees. It draws put the funding in and the Members of There are a lot of other good things more than 2 million visitors each year the House could have an up or down in this bill. It is a very balanced bill, it and is the hub of our local economy. vote. is very fair, it is totally nonpartisan as TVA’s management, policies and em- Mr. YATES. Mr. Speaker, will the I think the gentleman from Illinois ployees’ performance at LBL has been gentleman yield? would agree. We did not ask on projects under a thinly disguised attack by the Mr. REGULA. I yield to the gen- or programs, ‘‘Is this a Democratic or House leadership for more than 2 years, tleman from Illinois. Republican program?’’, we asked, notwithstanding the fact that virtually Mr. YATES. Mr. Speaker, when the ‘‘Does it have merit?’’ Because we had every objective person who has an in- gentleman from Ohio and I came to a limited amount of money. We had terest in its future agrees that TVA is that agreement, I had the impression $200 million less this year than last doing a good job of stewardship. The that the effort for the vote would be year to meet the needs of what prob- TVA Caucus, the National Wild Turkey led by the Democrats, as it has been ably are the most popular programs in Federation, the Tennessee Conserva- over the last several years, and I was our government, parks, forests, fish tion League, and the Land Between the unaware of the convoluted structure and wildlife, the Bureau of Land Man- Lakes Association all say so. that the rule was going to take. agement. This record of sound management Mr. REGULA. I understand. I think I hope Members will read the report. now depends on the outcome of a he has some legitimate concerns, and I We have a section on the recreation on

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5978 CONGRESSIONAL RECORD — HOUSE July 21, 1998 all of our land agencies plus the cul- free expression, a war on culture, a rule Mr. DAVIS of Illinois. Mr. Speaker, I tural agencies, the Smithsonian, the that denies the gentleman from Illinois rise today to join my colleagues in ex- National Gallery, the Holocaust Memo- (Mr. YATES) his earned right. This is a pressing my disagreement with the rial Council, the Kennedy Center, and battle as old as the stockades in puri- proposed rule. But first of all, I would others. tan times and just as wrongheaded. like to thank my colleague from Illi- So it is a very good bill. It is very I urge my colleagues, oppose this nois who, for 48 years, has consistently reasonable in the way we have ap- rule, support a bipartisan effort to fought for citizens’ access to the arts. proached things. I think we have been fully fund the NEA. It is a small in- His dedication and assistance have fair in the allocation of the resources vestment with a return as vast as your been essential to the preservation of and fair to the Members. Most impor- imagination. the NEA. tantly we have been fair to the people Ms. SLAUGHTER. Mr. Speaker, I I have heard many miscalculated and of this Nation, because we have tried to yield 2 minutes to the gentleman from illusory statements from those who preserve the jewels of our cultural her- California (Mr. FARR). want to destroy the National Endow- itage, as well as our ecological, our (Mr. FARR of California asked and ment for the Arts. The arts and human- natural heritage. was given permission to revise and ex- ities are an important component to I would urge all the Members to sup- tend his remarks.) American life. The NEA brings the arts port the previous question and support Mr. FARR of California. Mr. Speaker, to communities all across America re- the rule. Let us have a debate on the I rise to acknowledge that this appro- gardless of geographic location. merits of NEA. Let us have a debate on priations issue is probably led in this The arts and humanities can speak of the merits of other programs and the House by two of the finest gentlemen things that cannot be spoken of in any way in which we have allocated the in here, the gentleman from Ohio and other way. They foster a sense of com- funds available to us. the gentleman from Illinois. It is in- munity by advancing an understanding I urge both sides to vote ‘‘yes’’ on the deed a beautiful relationship between of history, culture, and ideas. It instills previous question and ‘‘yes’’ on the two senior men in this legislature who social values by helping people identify rule. have done such an outstanding job in common bonds and connections. Ms. SLAUGHTER. Mr. Speaker, I this appropriation, one of the most im- While not large in terms of budget, yield 1 minute to the gentlewoman portant for our country because it is these programs serve as an important from California (Mrs. CAPPS). really about our soul, about the land catalyst and source of recognition for (Mrs. CAPPS asked and was given and the culture. artists and programs throughout the permission to revise and extend her re- b 1200 country. Back in my own community, marks.) What I am concerned about is that they are many: The West Side Cultural Mrs. CAPPS. Mr. Speaker, I support we again have to bring to the floor and Arts Council, the Chicago Symphony funding for the Endowment for the go through a very difficult debate on Orchestra, Chicago Black Ensemble Arts. funding the NEA. The National Endow- Theater Corporation, the School of the On the central coast of California, ment for the Arts is not a debate just Art Institute of Chicago, the Black En- thousands of people of all ages have about arts. It is a debate about whether semble’s Little City Program, the Mu- been thrilled and inspired by a variety we are willing to be creative in Amer- seum of Contemporary Art, Illinois of programs, exhibits and performances ica. If we are not creative, we are going Arts Alliance, and Field Museum. made possible by NEA funding. For ex- to lose the competitive advantage. I urge my colleagues to vote against ample, the Children’s Creative Project, There is not an industry in the the rule and vote for the preservation the Cal Poly Arts Program, the Cuesta United States that does not depend on of, not just the arts, but the preserva- College Public Events Program and the the arts, does not depend on the imagi- tion of a way of life. Santa Barbara Museum of Arts all have nation, does not depend on the ability Ms. SLAUGHTER. Mr. Speaker, I benefited from NEA seed money. to look at things, as they say, outside yield 1 minute to the gentlewoman I have worked in schools for over 20 the box. from Colorado (Ms. DEGETTE). years and I have also seen firsthand the The people with that creativity come Ms. DEGETTE. Mr. Speaker, why advantages of our education. Art op- through the art world. It is as the same would we target a program like the portunities teach our children rhythm fingers that operate the computers NEA when it costs so little for our and design. But they also teach critical that operate the piano keys. We have country but provides such a great bene- thinking skills and portable creativity. to realize in this country that, if we fit across this wide country? My State, a leader in computer tech- forgo support for the arts, we forgo our We engage in a continual debate nology and programming, demands a culture. about cutting funding to this agency workforce that can think and work in- Look at this room and this building. that increases citizens’ access to the novatively. These skills do not begin in Is this not about art and history of our arts, helps us preserve our diverse cul- college with an engineering class but in country? So the National Endowment tural heritage, and stimulates private a child’s elementary art class or a class should not be coming to the floor and local funding for the arts. trip to the museum. struggling. We are appropriating $98 In many States, like Colorado, NEA I urge my colleagues to restore fund- million. funding provides the necessary funds ing for the NEA. It is matching funds A few weeks ago, we had a debate for small museums in tiny towns, for but it allows private dollars to grow. which I supported on giving support for school programs, for children who Ms. SLAUGHTER. Mr. Speaker, I marketing our agricultural crops would never have any arts education, yield 1 minute to the gentlewoman abroad. We are appropriating more and for a variety of arts programs from California (Ms. WOOLSEY). money to sell oranges than we appro- across the country. (Ms. WOOLSEY ASKED AND WAS GIVEN priate for the National Endowment for This is an incredibly beneficial pro- PERMISSION TO REVISE AND EXTEND HER the Arts. I think that is a pity in a gram. We should not be talking about REMARKS.) country that is probably the most cre- cutting it. We should be talking about Ms. WOOLSEY. Mr. Speaker, what an ative country in the world. finding increased funding to provide embarrassment. Once again NEA is So when we talk about the arts, let this necessary public benefit across the under attack here in the House of Rep- us talk about business. Let us talk country. resentatives. Opponents of NEA cry fis- about why all of Wall Street supports Ms. SLAUGHTER. Mr. Speaker, I cal discipline. The majority party em- the National Endowment for the Arts. yield such time as he may consume to ploys procedural wizardry, as if the Anything less hurts America. the gentleman from Illinois (Mr. richest Nation in the world needs to be Ms. SLAUGHTER. Mr. Speaker, I YATES). the most culturally impoverished. We yield 2 minutes to the gentleman from Mr. YATES. Mr. Speaker, I just want know that the dollars we invest in the Illinois (Mr. DAVIS). to say that I propose to have a vote on NEA multiply many times over. (Mr. DAVIS of Illinois asked and was the previous question as I indicated So what are we really witnessing given permission to revise and extend when I addressed the House formerly. I here? We are witnessing an assault on his remarks.) would hope that, with the favorable

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5979 vote on the previous question, I will The vote on the previous question is sim- that included $98 million in funding for the then offer an amendment to provide ply a procedural vote on whether to proceed NEA. A vote against this rule is a vote for the the waiver for NEA that it deserves. to an immediate vote on adopting the resolu- arts. Ms. SLAUGHTER. Mr. Speaker, I tion that sets the ground rules for debate and amendment on the legislation it would Mr. HASTINGS of Washington. Mr. yield back the balance of my time. make in order. Therefore, the vote on the Speaker, I yield back the balance of Mr. HASTINGS of Washington. Mr. previous question has no substantive legisla- my time, and I move the previous ques- Speaker, I yield myself such time as I tive or policy implications whatsoever. tion on the resolution. may consume. Mr. MORAN of Virginia. Mr. Speaker, I rise The SPEAKER pro tempore (Mr. Mr. Speaker, I want to make four in opposition to this rule because it does not NEY). The question is on ordering the points after hearing the debate here on protect the NEA funding included in the bill previous question. the rule. against points of order. Republicans will argue The question was taken; and the First of all, most of the debate here that the NEA should not be protected against Speaker pro tempore announced that has been regarding NEA, which is only a point of order because it is not currently au- the ayes appeared to have it. a small part of this bill. This is an open thorized. That is utterly disingenuous and they Mr. YATES. Mr. Speaker, I object to rule in all other areas. Members that know it. There are eight other unauthorized the vote on the ground that a quorum have disagreements with what the programs with funding totaling nearly $2 billion is not present and make the point of committee has come up with will have contained in this bill that are protected from order that a quorum is not present. an opportunity on the floor following points of order by this rule. The NEA is the The SPEAKER pro tempore. Evi- this to perfect the bill as they see fit. only unauthorized program not protected by dently a quorum is not present. The second point is that we have pro- the rule. The fact of the matter is that if the The Sergeant at Arms will notify ab- tected the protocol of not authorizing rules committee was truly concerned about sent Members. on an appropriation bill without leave unauthorized programs, it wouldn't have al- Pursuant to clause 5 of rule XV, the of the authorizers. We have tried to lowed $2 billion in funds to be protected from Chair will reduce to a minimum of 5 maintain that. We think that is good a point of order, while singling out the $100 minutes the period of time within policy in the Committee on Rules million included for the NEA. which a vote by electronic device, if or- under Chairman SOLOMON, and we have Mr. Speaker, this rule allows funding for the dered, will be taken on the question of protected that. That is why the NEA is NEA to be stripped from the bill because the agreeing to the resolution. not protected. Republicans want to cut the NEA. It's that sim- The vote was taken by electronic de- Third, in the short time that I have ple. Every year since the Republicans gained vice, and there were—yeas 223, nays been in this Congress, there has been a the majority in Congress, we have had a divi- 196, not voting 15, as follows: great deal of debate, I will not say dis- sive fight over arts funding, and every year the [Roll No. 310] sension, but maybe that is a proper NEA has managed to survive those battles. YEAS—223 word, regarding NEA. This year, proponents of the arts were prom- If I heard it once, I heard it a number Aderholt Emerson Kolbe ised a clean vote on NEA funding, but it they Archer English LaHood of times, why do we not just have an up became concerned about that promise when Armey Ensign Largent or down vote on this issue and be done the full committee voted to include funding for Bachus Everett Latham with it. At the end of the day, that is the arts in the bill. The Republicans know that Ballenger Ewing LaTourette precisely what we are going to have is Barr Fawell Lazio if a bill came to the floor that included funding Barrett (NE) Foley Leach an up or down vote on NEA. for the arts, it would put proponents of arts Bartlett Forbes Lewis (CA) Finally, I would like to make this ob- funding in a stronger position than if the bill Barton Fossella Lewis (KY) servation. It was said in debate that did not include funding. So, instead of allowing Bass Fowler Linder the gentleman from Illinois who is re- Bateman Fox Livingston the funding to be included in the bill, as it was Bereuter Franks (NJ) LoBiondo tiring at the end of this year has reported out of full committee, the Republicans Bilbray Frelinghuysen Lucas worked very hard on this question. I do have put forth a rule that allows funding to be Bliley Gallegly Manzullo not think his work on this question Blunt Ganske McCollum stripped, putting supporters of arts funding in Boehlert Gibbons McCrery will be forgotten because of the way the weaker position of putting arts funding Boehner Gilchrest McHugh this rule is structured at all. In fact, I back in the bill. This is a truly cynical proce- Bonilla Gillmor McInnis think he will probably be remembered. dure that this House should reject. Bono Gilman McIntosh I might say that I happen to be one Brady (TX) Goodlatte McKeon Mr. Speaker, as a member of the Interior Bryant Goodling Metcalf that disagrees with his position as far Appropriations subcommittee, I have learned a Bunning Goss Mica as Federal funding, but the gentle- great deal about the NEA in the last few Burr Graham Miller (FL) man’s work will certainly be remem- years. I know that the NEA would admit it has Burton Granger Moran (KS) bered; and I think that is important. Buyer Greenwood Morella made mistakes in the past, but it has instituted Callahan Gutknecht Myrick Certainly when he leaves here, he can a series of management reforms to ensure Calvert Hall (TX) Nethercutt have some solace in that. that those types of problems will not recur. Camp Hansen Neumann So I think this is a good rule. It pro- Campbell Hastert Ney Even given those problems, opponents of the Cannon Hastings (WA) Northup vides an open rule. Mr. Speaker, I ask NEA can point to only a handful of question- Castle Hayworth Nussle my colleagues to vote yes on the pre- able grants out of hundreds of thousands that Chabot Hefley Oxley vious question, yes on the rule. have been awarded during the 32-year history Chambliss Herger Packard Mr. Speaker, I include the following Chenoweth Hill Pappas of the NEA. After hearing real people and real Christensen Hilleary Parker explanation of ordering the previous artists discuss what the NEA has brought to Coble Hobson Paul question: them and to their communities, I know that the Coburn Hoekstra Paxon THE PREVIOUS QUESTION VOTE: WHAT IT Collins Horn Pease NEA is an incredible catalyst for bringing peo- Combest Hostettler Petri MEANS ple together and expressing, in a creative Cook Houghton Pickering House Rule XVII (‘‘Previous Question’’) fashion, the full range of the human experi- Cooksey Hulshof Pitts provides in part that: ‘‘There shall be a mo- Cox Hunter Pombo tion for the previous question, which, being ence. The National Endowment for the Arts is Crane Hutchinson Porter ordered by a majority of the Members vot- successfully working to bring arts to under- Crapo Hyde Portman ing, if a quorum is present, shall have the ef- served communities, through after school Cubin Inglis Pryce (OH) fect to cut off all debate and bring the House youth programs that are introducing our young Cunningham Istook Quinn Davis (VA) Jenkins Radanovich to a direct vote upon the immediate question people to the power of creative expression as Deal Johnson (CT) Ramstad or questions on which it has been asked or an alternative to violence, and through folk DeLay Johnson, Sam Redmond ordered.’’ and traditional arts they remind us of our com- Diaz-Balart Jones Regula In the case of a special rule or order of mon bond and what it means to be an Amer- Dickey Kasich Riggs business resolution reported from the House Doolittle Kelly Riley Rules Committee, providing for the consider- ican. Dreier Kim Rogan ation of a specified legislative measure, the I urge my colleagues to vote against this Duncan King (NY) Rogers rule so that we can hav a fair debate on the Dunn Kingston Rohrabacher previous question is moved following the one Ehlers Klug Ros-Lehtinen hour of debate allowed for under House NEA and honor the views of the full commit- Ehrlich Knollenberg Roukema Rules. tee, which voted to report a bill to this House

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5980 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Royce Smith (OR) Traficant Mr. GILLMOR changed his vote from Whitfield Wilson Young (AK) Ryun Smith (TX) Upton Wicker Wolf Young (FL) Salmon Smith, Linda Walsh ‘‘nay’’ to ‘‘yea.’’ Sanford Snowbarger Wamp So the previous question was ordered. NOES—191 Saxton Solomon Watkins The result of the vote was announced Abercrombie Gordon Obey Scarborough Souder Watts (OK) Ackerman Green Olver Schaefer, Dan Spence Weldon (FL) as above recorded. Allen Gutierrez Owens Schaffer, Bob Stearns Weldon (PA) The SPEAKER pro tempore. The Andrews Hall (OH) Pallone Sensenbrenner Stenholm Weller question is on the resolution. Baesler Harman Pascrell Sessions Stump White Baldacci Hefner Pastor Shadegg Sununu Whitfield The question was taken; and the Barcia Holden Payne Shaw Talent Wicker Speaker pro tempore announced that Barrett (WI) Hooley Pelosi Shays Tauzin Wilson the ayes appeared to have it. Becerra Hoyer Peterson (MN) Shimkus Taylor (NC) Wolf Bentsen Jackson (IL) Pickett Shuster Thomas Young (AK) RECORDED VOTE Berman Jackson-Lee Pomeroy Skeen Thornberry Young (FL) Mr. OBEY. Mr. Speaker, I demand a Berry (TX) Poshard Smith (MI) Thune Bishop Jefferson Price (NC) Smith (NJ) Tiahrt recorded vote. Blagojevich Johnson (WI) Rahall A recorded vote was ordered. Blumenauer Johnson, E. B. Rangel NAYS—196 The vote was taken by electronic de- Bonior Kanjorski Reyes Abercrombie Green Neal Borski Kaptur Rivers Ackerman Gutierrez Oberstar vice, and there were—ayes 224, noes 191, Boswell Kennedy (MA) Roemer Allen Hall (OH) Obey not voting 19, as follows: Boucher Kennedy (RI) Rothman Andrews Hamilton Olver Boyd Kildee Roybal-Allard Baesler Harman Owens [Roll No. 311] Brady (PA) Kilpatrick Rush Baldacci Hastings (FL) Pallone AYES—224 Brown (FL) Kind (WI) Sabo Barcia Hefner Pascrell Brown (OH) Kleczka Sanchez Aderholt Gibbons Packard Barrett (WI) Hilliard Pastor Capps Klink Sanders Archer Gilchrest Becerra Hinchey Payne Pappas Cardin Kucinich Sandlin Armey Gillmor Bentsen Holden Pelosi Parker Carson LaFalce Sawyer Bachus Gilman Berman Hooley Peterson (MN) Paul Clay Lampson Schumer Ballenger Goodlatte Berry Hoyer Pickett Paxon Clayton Lantos Scott Barr Goodling Bishop Jackson (IL) Pomeroy Pease Clement Lee Serrano Barrett (NE) Goss Blagojevich Jackson-Lee Poshard Peterson (PA) Clyburn Levin Sherman Bartlett Granger Blumenauer (TX) Price (NC) Petri Condit Lewis (GA) Sisisky Barton Greenwood Bonior Jefferson Rahall Pickering Conyers Lipinski Skaggs Bass Gutknecht Borski Johnson (WI) Rangel Pitts Costello Lofgren Skelton Bateman Hall (TX) Boswell Johnson, E. B. Reyes Pombo Coyne Lowey Slaughter Bereuter Hamilton Boucher Kanjorski Rivers Porter Cramer Luther Smith, Adam Bilbray Hansen Boyd Kaptur Rodriguez Portman Cummings Maloney (CT) Snyder Bliley Hastert Brady (PA) Kennedy (MA) Roemer Pryce (OH) Cunningham Maloney (NY) Spratt Blunt Hastings (WA) Brown (CA) Kennedy (RI) Rothman Quinn Danner Manton Stabenow Boehlert Hayworth Brown (FL) Kildee Roybal-Allard Radanovich Davis (FL) Markey Stark Boehner Hefley Brown (OH) Kilpatrick Rush Ramstad Davis (IL) Martinez Stokes Bonilla Herger Capps Kind (WI) Sabo Redmond DeFazio Mascara Strickland Bono Hill Cardin Kleczka Sanchez Regula DeGette Matsui Stupak Brady (TX) Hilleary Carson Klink Sanders Riggs Delahunt McCarthy (MO) Tanner Brown (CA) Hobson Clay Kucinich Sandlin Riley DeLauro McCarthy (NY) Tauscher Bryant Hoekstra Clayton LaFalce Sawyer Rogan Deutsch McDermott Taylor (MS) Bunning Horn Clement Lampson Schumer Rogers Dicks McGovern Thompson Burr Hostettler Clyburn Lantos Scott Rohrabacher Dingell McHale Thurman Burton Houghton Condit Lee Serrano Ros-Lehtinen Doggett McIntyre Tierney Buyer Hulshof Conyers Levin Sherman Roukema Dooley McKinney Torres Callahan Hunter Costello Lewis (GA) Sisisky Royce Doyle Meehan Towns Calvert Hutchinson Coyne Lipinski Skaggs Ryun Edwards Meek (FL) Turner Camp Hyde Cramer Lofgren Skelton Salmon Engel Meeks (NY) Velazquez Campbell Inglis Cummings Lowey Slaughter Sanford Eshoo Menendez Vento Canady Istook Danner Luther Smith, Adam Saxton Etheridge Millender- Visclosky Cannon Jenkins Davis (FL) Maloney (CT) Snyder Scarborough Evans McDonald Waters Castle Johnson (CT) Davis (IL) Maloney (NY) Spratt Schaefer, Dan Farr Miller (CA) Watt (NC) Chabot Johnson, Sam DeFazio Manton Stabenow Schaffer, Bob Fattah Minge Waxman Chambliss Jones DeGette Markey Stark Sensenbrenner Fazio Mink Wexler Chenoweth Kasich Delahunt Martinez Stokes Sessions Filner Moakley Weygand Christensen Kelly DeLauro Mascara Strickland Shadegg Frank (MA) Mollohan Wise Coble Kim Deutsch Matsui Stupak Shaw Frost Moran (VA) Woolsey Coburn King (NY) Dicks McCarthy (MO) Tanner Shays Furse Murtha Wynn Collins Kingston Dingell McCarthy (NY) Tauscher Shimkus Gejdenson Nadler Yates Combest Klug Doggett McDermott Taylor (MS) Shuster Gephardt Neal Cook Knollenberg Dooley McGovern Thompson Goode Oberstar Cooksey Kolbe Skeen Doyle McHale Thurman Cox LaHood Smith (MI) Edwards McIntyre Tierney NOT VOTING—19 Crane Largent Smith (NJ) Engel McKinney Torres Baker Hastings (FL) McDade Crapo Latham Smith (OR) Eshoo Meehan Towns Bilirakis Hilliard McNulty Cubin LaTourette Smith (TX) Etheridge Meek (FL) Turner Dixon Hinchey Norwood Davis (VA) Lazio Smith, Linda Evans Meeks (NY) Velazquez Ford Hinojosa Ortiz Deal Leach Snowbarger Farr Menendez Vento Gekas John Rodriguez DeLay Lewis (CA) Solomon Fattah Millender- Visclosky Gonzalez Kennelly Diaz-Balart Lewis (KY) Souder Fazio McDonald Waters Graham Livingston Dickey Linder Spence Filner Miller (CA) Watt (NC) Doolittle LoBiondo Stearns Frank (MA) Minge Waxman Dreier Lucas Stenholm Frost Mink Wexler b 1234 Duncan Manzullo Stump Furse Moakley Weygand Dunn McCollum Sununu So the resolution was agreed to. Gejdenson Mollohan Wise Ehlers McCrery Talent Gephardt Moran (VA) Woolsey The result of the vote was announced Ehrlich McHugh Tauzin Goode Murtha Wynn as above recorded. Emerson McInnis Taylor (NC) Gordon Nadler Yates English McIntosh Thomas A motion to reconsider was laid on NOT VOTING—15 Ensign McKeon Thornberry the table. Everett Metcalf Thune Baker Gekas McDade Ewing Mica Tiahrt Bilirakis Gonzalez McNulty f Fawell Miller (FL) Traficant Canady Hinojosa Norwood Foley Moran (KS) Upton Dixon John Ortiz Forbes Morella Walsh Ford Kennelly Peterson (PA) PERSONAL EXPLANATION Fossella Myrick Wamp Watkins Mr. HINOJOSA. Mr. Speaker, during rollcall b Fowler Nethercutt 1227 Fox Neumann Watts (OK) vote No. 310, and rollcall No. 311, I was un- Ms. KILPATRICK, Mr. KILDEE and Franks (NJ) Ney Weldon (FL) avoidably detained. Had I been present, I Frelinghuysen Northup Weldon (PA) Mr. TURNER changed their vote from Gallegly Nussle Weller would have voted ``no'' on 310 and ``no'' on ‘‘yea’’ to ‘‘nay.’’ Ganske Oxley White 311.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5981 REMOVAL OF NAME OF MEMBER Several members of our committee stances. I remember the hearing on the AS COSPONSOR OF H.R. 1891 had an opportunity to tour some of the National Endowment for the Arts when Mr. LEWIS of Georgia. Mr. Speaker, parks in the system this last month, the gentleman brought in a group from I ask unanimous consent that my name and I think we agreed that we found Jessup, Iowa. Now, that is not exactly be removed as a cosponsor of H.R. 1891. great pride on the part of the people New York City; Jessup, Iowa is a pret- The SPEAKER pro tempore (Mr. that staff these facilities. I think the ty rural community. These young peo- gentleman from Wisconsin (Mr. OBEY) NEY). Is there objection to the request ple came to our subcommittee and tes- of the gentleman from Georgia? would agree. He was part of our delega- tified on how a string quartet had been There was no objection. tion, and saw that people in the land sent there for a 6-month period, funded agencies are proud of their work and f one-half by the National Endowment they put in a lot of extra time. We saw for the Arts, the other half by the local GENERAL LEAVE this in Yosemite where the storm dam- community. Obviously, this would not Mr. REGULA. Mr. Speaker, I ask age has been repaired, a lot of it on be a wealthy community, and yet they unanimous consent that all Members time donated by members of the Park were willing to put up half the money may have 5 legislative days within Service staff. to bring this cultural experience to which to revise and extend their re- I also think that the record of volun- their students. We had one of the stu- marks on the bill (H.R. 4193) making teers in the land agencies is enor- dents testify from Jessup about what appropriations for the Department of mously impressive, and something we an impact this grant, along with what the Interior and related agencies for can all take pride in. Mr. Chairman, his own community had spent, had the fiscal year ending September 30, 94,000 people volunteered to work in made on the students in Jessup, Iowa. our national parks without any com- 1999, and for other purposes, which we The gentleman from Illinois (Mr. pensation, but because they care about are about to consider, and that I may YATES) brought many examples such as the land, they care about the parks. be permitted to include tables, charts, this one during our period on the com- Mr. Chairman, there are 112,000 volun- and other material. mittee. Likewise, in terms of our natu- teers in the Forest Service; 28,000 vol- The SPEAKER pro tempore. Is there ral resources, the redoing of the min- unteers in Fish and Wildlife; 17,000 vol- objection to the request of the gen- erals management system was leader- unteers in the Bureau of Land Manage- tleman from Ohio? ship that the gentleman provided. He ment; and we of course are talking There was no objection. really has truly lived and personified in about a total of 617 million acres of the f his role on this subcommittee of the United States, about 30 percent of the Indian saying, that we borrow this land DEPARTMENT OF THE INTERIOR land area. from our children, and I know that he We get a lot of foreign visitors. In AND RELATED AGENCIES APPRO- has always had a concern for it. our meeting with park officials, we PRIATIONS ACT, 1999 Likewise, the gentleman from Penn- learned that people come here from all The SPEAKER pro tempore (Mr. sylvania (Mr. MCDADE), who has been a over the world to view the national NEY). Pursuant to House Resolution 504 member of this committee for 20 years. treasures, to view the unique ecologi- and rule XXIII, the Chair declares the He always brought to the committee a cal characteristics of our national House in the Committee of the Whole desire to enhance the natural heritage parks, forests and other facilities. House on the State of the Union for the We have extended the recreation fee that is a legacy for all of us and has consideration of the bill, H.R. 4193. program for two. We will talk more given us wonderful service. We will b 1236 about that in general debate. It is an- miss these two individuals a great deal ticipated to generate $500 million over in terms of the subcommittee and the IN THE COMMITTEE OF THE WHOLE leadership they have provided over the Accordingly, the House resolved a 5-year period. This is additional money, in fact, and the public has ac- years. itself into the Committee of the Whole Also, we have had the thoughtful House on the State of the Union for the cepted it. One of the superintendents told me on our trip that people often work of the gentleman from Colorado consideration of the bill (H.R. 4193) want to give more. They say, ‘‘That is (Mr. SKAGGS), our friend who always making appropriations for the Depart- not enough,’’ $2 to visit a park or $20 brings to this committee intellectual ment of the Interior and related agen- for a car load of people. They say, ‘‘We curiosity. He always says, ‘‘is this the cies for the fiscal year ending Septem- would like to contribute more.’’ The right thing to do?’’ and always I felt ber 30, 1999, and for other purposes, same park people said that vandalism challenged as a chairman. Many times, with Mr. LATOURETTE in the chair. has been reduced because people be- after reflecting on what he had to say, The Clerk read the title of the bill. come stakeholders. We can take pride I might disagree, but always he made a The CHAIRMAN. Pursuant to the in that. very good point in bringing a concern rule, the bill is considered as having We can take pride in the fact that as that he might have for some of the ac- been read the first time. a Nation we commit almost $8 billion tivities of our subcommittee. Under the rule, the gentleman from to programs for the Native Americans, Well, we could spend a lot of time on Ohio (Mr. REGULA) and the gentleman not all in our bill, but across the board the three Members who have done so from Illinois (Mr. YATES) each will con- in many different bills. much to contribute to the strength of trol 30 minutes. Now, this has been a remarkable suc- our committee and to the good work The Chair recognizes the gentleman cess story. I do not mention this in that it has done. The gentleman from from Ohio (Mr. REGULA). terms of just today, but I want to say Illinois (Mr. YATES), the gentleman Mr. REGULA. Mr. Chairman, I yield it is there because of the leadership from Pennsylvania (Mr. MCDADE), and myself such time as I may consume. over the years of the gentleman from the gentleman from Colorado (Mr. Mr. Chairman, I want to introduce Illinois (Mr. YATES) and the gentleman SKAGGS) will be missed from the com- my statement with a quote from the from Pennsylvania (Mr. MCDADE). mittee’s thoughtful deliberations. Indian lore, from the Native Ameri- They are both going to leave the com- Finally, I have some of charts, which cans, and I think it sums up what this mittee, and I think that is something will illustrate what we have done on bill is all about. I quote: ‘‘We do not in- we should note. the Native Americans. I think it out- herit this land from our ancestors; we I could say a lot about the gentleman lines it very well. We do not have a lot borrow it from our children.’’ That is a from Illinois (Mr. YATES) and his lead- of time to spend on the various activi- profound truth, and that is what we ership. I have served 24 years with him. ties of the bill. have tried to keep in mind as we have We have been partners, and as partners b dealt with this legislation. I like to often will, we may have disagreed on 1245 call this bill the ‘‘Take Pride in Amer- policies, but never in a disagreeable I would say at the outset, we were ica’’ bill, because we can take pride in way. He served on this committee for given $14 billion-plus in budget author- what has happened in this great land of 48 years, 20 years as chairman. ity and $13 billion-plus in outlays. We ours, in the preservation of our great Just to illustrate his leadership, I have tried to manage our resources natural resources. will give my colleagues a couple of in- carefully. In fact, we are spending $2

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5982 CONGRESSIONAL RECORD — HOUSE July 21, 1998 million less this year than last. And public lands. And they have 192 million too much. We want to manage the that in the face of enormous backlog acres in federal land. parking problem. We want to manage maintenance problems, in the face of I think we have tried to have a re- the traffic problem so that the visitors great needs to expand the programs sponsible harvesting of fiber in the na- can get the maximum amount of enjoy- within the parks. tional forests. About 20 percent of the ment out of their asset, the national One item I would like to mention is lumber used in the Nation comes from public lands. that we have included the money to the national forests. And so I think it We looked at some of the construc- complete the Appalachian Trail, and is important that we manage this re- tion needs of our parks. Housing is one the gentleman from Illinois (Mr. source carefully. We have vastly re- that requires attention so that we can YATES) has been a leader for many duced the cut. About 7 years ago, the give the employees of the Park Serv- years. Here we have a trail that is over allowable cut was 11 billion board feet. ice, the Forest Service, and the other 2,000 miles long and, thanks to the gen- We have reduced it to 3.6 billion, be- land management agencies, an oppor- tleman’s leadership and follow-up as cause we recognize the public is con- tunity to live in a comfortable way. my partner, our team effort, this will cerned about the environmental impact We are changing the way in which we be the last payment in the Appalachian of heavy cutting. manage construction. Historically for Trail which is one of the great re- But I would point out that we are the parks, the Denver Service Center sources of the trails program in this growing 20 billion board feet every has done this and their fees have come Nation, and it will be totally public in year. So even though we might harvest from overhead on the project. That terms of its land access. 3 billion-plus board feet, we are getting does not provide a desirable account- I want to mention the recreation fee an additional 17 billion added to the ability. So we are going to reduce the program in more detail. We extend it stock of our national forests. numbers of employees there. for 2 years, because we have had great So this is important as we talk about We found that there are 500 people at Denver, whereas the other land man- support from the public, from the park reducing CO2. There is no better way to leadership. Over a 5-year period, it will reduce CO than to have a tree, because agement agencies have about 25 people 2 each. We are putting them on-line, so provide $500 million which will be used it takes in the CO2, and gives off oxy- to enhance the visitor experience and gen. And that is part of what the Kyoto that their budget will be part of the line-item budget and will have ac- will be used to deal with some of the Agreement is all about, to reduce CO2. backlog maintenance problems. I think we need to continue the expan- countability for what they do. These changes are the result of rec- In terms of management, we are sion of our national forests. ommendations from the National Acad- changing the structure somewhat. We The BLM lands get very little atten- emy of Public Administration, who did do not want any more Delaware Water tion, but they had 65 million visitor an extensive oversight of the way in Gap outhouse projects. I say that be- days last year. One-third of the Na- which we manage construction project. cause it is debilitating to the public tion’s coal supply comes from BLM Again, this is an effort to stretch our support for the parks. And, therefore, lands. That is from the public lands. dollars. Prospectively, we will require we need to manage the construction Also, they preserve a lot of our recre- the Park Service to contract out 90 programs in a way that people have ation, natural historical and cultural percent of construction projects to resources, and they do have a very confidence in the continued leadership. local architectural and engineering Thanks to Members on both sides of broad scope of land opportunities. firms. Hopefully, we will get more effi- the aisle on the Forest Service issue, Something that I am very pleased to cient use of these construction dollars. we have eliminated the Purchaser Road see happen is that our agencies are I mentioned the Purchaser Road Credit. This was always a problem in working together. The Bureau of Land Credit, we have eliminated it. But I the past. This year we will not have Management and the Forest Service want to point out also that we have in- any amendments on Purchaser Road are consolidating their activities at the clude $91 million for road maintenance Credit, because we took it out. field level. They realize we all serve and decommissioning. That is to elimi- I must say these things were some- the same taxpayers, we all have the nate these roads which are of concern thing that, as the gentleman from Illi- same mission, which is to preserve our to people. nois (Mr. YATES) always called me ‘‘a public lands, and the public does not We put an increase of $6 million for partner,’’ and I likewise call him a know whether this has a tag on it that road reconstruction and $93 million partner, and it is just that we have says BLM or Forest Service. They just also as part of the road reconstruction agreed on that for good management. want this land to be taken care of. program. This is an increase over last With regard to SPR oil, we are no In terms of saving money, this is ter- year, a statement that we recognize longer going to create money. We are rific, I think, that they work together. that these roads are important to the not going to go in and invade the SPR And, likewise, the Department of Agri- recreation user and we want them to be oil account and sell oil just to provide culture and Interior are coordinating able to get in and out of the forest in us some additional funding. And, of their efforts on the Joint Fire Science a safe way. We only have $1 million for course, because of that, in part, we are Plan. This is good management, and it new roads and we provided $5 million funding this bill with a reduced is good for the way in which we use our for road obliteration. I think that is a amount of money. public lands. positive direction in terms of those The ‘‘crown jewels,’’ the Grand Can- Revenues, this is one of the few bills who are concerned about the environ- yon, Yellowstone and Yosemite, are that produces revenues. Sale of the re- ment. being protected. We are recognizing sources from our public lands totals Mr. Chairman, I mentioned about the their needs. But also, I think in the Bu- about $8 billion. And that goes into the amount of board feet that come out of reau of Land Management and the For- Treasury, helping defer the cost of pro- the national forests, part of our re- est Service, we recognize the potential viding the services that are part of our sources, which allows us to reduce there for recreation. I would urge all land usage. housing costs. In terms of fire, we Members to see the section in the re- I have mentioned the recreation fee heard discussion on the fire issue in the port dealing with recreation. This is a program and we are getting a growing debate on the rule, but we had put in new section, and it is a recognition land usage. One of the things that we additional money fire suppression and that there has been an explosion of observed when we were visiting the fire science so that we can deal with recreation usage by the public. parks this summer as a committee is fire in the best possible way. There is a We often think of the Forest Service the pressures that are growing for substantial amount of money left over in terms of America’s lumber needs. parking space, for traffic management, from previous years, and I think we But in reality, the Forest Service has for the use of the facilities. have very adequately taken care of our the largest number of visitor days, and One of the things that we hope to ad- fire needs. the reason being that they offer a wide dress prospectively is ways in which we $2 million from the Department of variety of opportunities to hunt, fish, can better enhance the visitors’ experi- Agriculture bill has been added to this snowmobile, camp, bird watch, what- ence and avoid some of these problems bill to help with volunteer fire compa- ever the desire might be in the use of of too many people loving their parks nies, recognizing that in communities

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5983 where they have volunteer firefighting more efficient use. I was struck by the million hits per month from all over units, they need a little help, and they, fact that for every barrel that is ex- the world. People are benefiting from in turn, can help the forestry people in tracted from wells, two barrels are left the scientific research that is done dealing with fires. And we had $21.5 there. And if we can develop tech- there, and benefiting from the cultural million in fire assistance to the States, nology to get at least part of that dimensions of this institution. places like Florida. extra two barrels, we will tremen- In tribute to the gentleman from Illi- I think it should be pointed out that dously expand our domestic resources nois (Mr. YATES), the gentleman from the Florida fires are pretty much on of petroleum. Colorado (Mr. SKAGGS) and the gen- State lands, but nevertheless the Fed- Again, we have emphasized partner- tleman from Pennsylvania (Mr. eral Government is helping as much as ships in these programs in terms of en- MCDADE) have all been strong pro- possible. ergy efficiency. We have increased en- ponents of these programs. This won- On Native Americans, I was dis- ergy efficiency funding 14 percent since derful, asset is more than an asset for appointed in the administration’s re- 1996, and we recognize that energy effi- the District of Columbia. It is a world quest. They reduced the amount on In- ciency is important in terms of using asset because of the outreach that they dian Health Services and had we funded the resources to the best possible ad- are doing. Twelve million hits per at the administration’s level, only 25 vantage. month. Imagine how many lives and percent of the Indian population would In terms of weatherization, we have how many individuals are being have dental services. This is from testi- flat-funded it. The Federal Energy touched by that. Twenty percent of mony from the American Dental Soci- Management Program has got an in- these internet hits are from overseas. ety. crease because, again, this is a partner- Likewise, the Kennedy Center has de- We have tried to correct this gross ship that has been very effective in veloped an outreach program called the inequity, and we have increased Indian working with Federal agencies. Millennium Stage. They provide a free Health Services by $147 million. And we performance each day in the Kennedy b 1300 have increased $50 million for facili- Center. I think it is at 6 o’clock in the ties, clinics and so on and recognized National Endowment for the Arts. evening. Because we forget that the our responsibility. We will have plenty of opportunity to Kennedy Center is more than just the Some of you will remember some debate the NEA later on, so I will not opera house and the film institutes. years ago we transferred the Biologic take time on it now, other than to say The Kennedy Center is a monument, in Resources Program to U.S. Geological to all the Members that they will have addition to other things. When people Survey and I think they are doing a re- an opportunity to vote up or down on go there, most of them do not go to markably efficient job of providing whether they think it is a proper func- any performance, they go to just see science to all the land agencies. We tion of the United States Government the Kennedy Center. In fact, they wear tried to meet their budget needs, as to provide funding for the cultural her- out the carpeting with so many visi- well. itage of this Nation, for the enhance- tors, and we have to provide for that. In Ecological Services of the Fish ment of it, for the expansion, for the And, again, these are things that and Wildlife Service, we have included education of young people in terms of were brought about under the leader- funding for the Endangered Species what they have as a cultural heritage. ship of the gentleman from Illinois Act, to administer it. I hope the admin- We will have that vote, and I will (Mr. YATES) much more than myself or istration will come up with a bill to re- mention at that time the fact that we others on this subcommittee. Last year 130,000 visitors to this city, authorize the Endangered Species Act. have changed the NEA. We have six as well as people who live here locally, It is not authorized. It needs reauthor- Members of the Congress that serve on went to the free performances at the ization, and I would hope that we can the Council. We put a cap on funds that Millennium Stage, and at the anniver- get a bill from the administration, can go to any one State. Forty percent sary in March, they had 10,000 people. I along with others that have offered of the funding goes for set-aside pro- do not know how they got 10,000 people bills, to deal with this problem because grams for State grants. We have re- in that hallway for this Millennium we have to just appropriate in light of duced the administrative funds. We program, but I think it is wonderful have established priorities for grants the absence of an authorization pro- that these agencies are reaching out to for education, particularly in music. gram. the people all across the Nation. And I Energy programs. Obviously to meet And I would point out also that the know they too have a web site where the needs of the parks and the forests obscenity restrictions adopted in 1990 people can plug in. and the other agencies, we did cut back are still part of the law. The Supreme The National Gallery of Art and the on the amount of funding in energy. Court, most recently in the Finley de- Holocaust Museum both offer extensive And I might mention at this point that cision, upheld these obscenity restric- outreach programs, and, of course, the one of the things that we have empha- tions. And we have eliminated grants Holocaust Museum was directly there sized in our programs is matching to individuals for seasonal support and as a result of the leadership of the gen- funds. We have said to those who want subgranting. tleman from Illinois. I guess when it is to have experimental programs in en- I think I can say categorically that all said and done, we know he will be ergy, for those who want to have other there will be no more Maplethorps; sorely missed because he has been such programs, ‘‘Okay, we will put up a dol- that there will not be a ‘‘Corpus Chris- an important part of providing a legacy lar, but you have to put up a matching ti,’’ as has been alleged. That cannot for future generations. dollar from the private sector, or from happen under the restrictions that we Over 23 million people receive serv- a State, or whatever it might be.’’ have put on the National Endowment ices of the National Gallery’s extension Therefore we have maximized consider- for the Arts. And I think one of the programs. They loaned over 150 dif- ably the amount money that we have Members on our side that has been ap- ferent programs on the Gallery’s per- had available to do energy programs. pointed as one of the three appointees manent art collection. The Holocaust Obviously, everyone who goes to the will have something to say on the func- Museum has a traveling exhibition. gas pump know that energy prices are tioning of this. They were in Canton, Ohio, recently, relatively low. Part of this is the result Very briefly I would like to highlight attracting an enormous crowd. of efficiency in the production of gaso- the cultural agencies. We have funded Canton, I might mention, is in the line. I think the fact that we have low the Smithsonian. We have tried to ad- 16th District, and many of my col- energy costs contributes very substan- dress backlog maintenance as much as leagues already know about the Pro tially to our strong economy. possible. But what I really find pleas- Football Hall of Fame, but we do have We have to keep this success going. ing, and this is the result of our sub- other things. We have a great art insti- It is not a given. We are importing over committee members working together, tute. We have a great symphony. We half our petroleum. And, therefore, it is that our cultural agencies are ex- have a lot of strong cultural enrich- is important that we maintain the SPR panding their outreach. Secretary ment programs. oil. And I think it is important that we Heyman, from the Smithsonian, testi- The Holocaust Museum brought ‘‘The maintain the programs that will give a fied that their web site gets over 12 Nazi Olympics: Berlin 1936,’’ to Canton.

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VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5988 CONGRESSIONAL RECORD — HOUSE July 21, 1998

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5989 Mr. YATES. Mr. Chairman, I yield rent chairman? His eloquence, of b 1315 myself such time as I may consume. course, was just made visible when he I am sorry that the Committee on Mr. Chairman, once again we are presented the bill. He and I have been Rules did not support the amendment here to consider the Interior appropria- thinking alike since he became a mem- by the gentleman from Wisconsin (Mr. tions bill, for fiscal year 1999. I have ber of this subcommittee. When I was OBEY). come before this House many times to chairman, I considered the gentleman, I call the gentleman from Wisconsin present the Interior bill, for a number and I have told him so, as cochairman (Mr. OBEY) who loves the arts, who is a of years as chairman of the Sub- of the Subcommittee on Interior, and great lover of music, a legislative mae- committee on Interior of the Commit- we brought the bill to the floor in that stro. I think he is a legislative maestro tee on Appropriations, and for the past spirit. because he has such a keen interest in several years as the ranking member. We had our differences, and those are the legislation. And I cannot think of However, this time it is a little dif- represented, of course, in the bills that what the Committee on Appropriations ferent, because it is the last time that have come up since he became chair- would be like without the great I will take the floor on behalf of the In- man. He and I differ on omitting the strengths that he possessed as chair- terior bill. funds for NEA. And over the years man of the committee and now possess I want to say that I have been on the when I was chairman, I would talk to as ranking member. His service to the subcommittee, I would guess, for about the gentleman about his interest in the House and to the country has been out- 30 or 32 years, and I was chairman for arts. standing. about 20 years during that time. So I think basically he is a lover of the I can understand his great interest in much for term limits, Mr. Chairman. arts. I do not think there is any doubt the milk price legislation, coming from I was asked by a reporter whether I about it. He takes such pride in the Wisconsin as he does, but I am not sure favored term limits, and I told him I Canton Symphony, and I think that ex- I always understood the purport of that did not favor a constitutional amend- tends even to the point that he goes to legislation as it came to the floor and ment for term limits, except perhaps if see the Cleveland Symphony on occa- traveled through the House. I could designate the number of terms sion. I remember that even on one oc- I leave the gentleman from Wiscon- that a Member might be limited to 24 casion he went to New York and was a sin (Mr. OBEY) with a great sense of terms. And that, Mr. Chairman, is guest at the Metropolitan Opera, he loss, because he and I have been such about what I will have at the conclu- and my good friend the gentleman from great friends through the years, both sion of this session of the Congress. Pennsylvania (Mr. JACK MURTHA), who on and off the committee. And I will And it has been a happy time, Mr. is also a member of the subcommittee. say that about every member of the Chairman, over all the years. It has Mr. REGULA. Mr. Chairman, will the Committee. been happy because of the character gentleman yield? The gentleman from Colorado (Mr. and quality of the Members of the Mr. YATES. I yield to the gentleman SKAGGS) I think is an outstanding con- House of Representatives. I think when from Ohio. stitutional expert. His touch was al- I first came down here there were three Mr. REGULA. The gentleman is a ways present in connection with the women who were Members of the very persuasive teacher. legislation as we came forward. He was House, one Democrat and two Repub- Mr. YATES. I thank the gentleman always a gentleman and he took onto lican Members. One was from Ohio, very much. himself, along with the gentleman I remember the line from Gilbert and from Cleveland. I forget her name. Per- from Illinois (Mr. LAHOOD), the indomi- Sullivan. Does the gentleman remem- haps the chairman would remember it. table task, the practically impossible ber it? I think it was from ‘‘Patience.’’ And there was another lady from New task of trying to bring the Members of ‘‘If you are looking for to shine in a York. the House together as brothers and sis- transcendental line, as a man of cul- Mr. REGULA. Mr. Chairman, will the ters. I think perhaps he has succeeded ture rare.’’ And the rest of the song gentleman yield? to a far greater extent than seems ap- goes on. I think the gentleman is al- Mr. YATES. I yield to the gentleman parent, because I think the sense of ca- most qualified for that right now. from Ohio. maraderie in the House has in some Mr. REGULA. Mr. Chairman, I think Certainly he is qualified to handle measure overcome what I have felt was the woman the gentleman was think- this bill, not only for the cultural as- a cloud of partisanship that has seized ing of was Frances Bolton. pects of it, which I think are, indeed, a Mr. YATES. Yes. Her son Oliver sub- most important part of the bill, but as the House on occasion. At any rate, I have been ruminating, sequently became a Member of the well for the natural resources part of Mr. Chairman, and I am sorry that I House when she retired. I thank the the bill, because he has really devel- have taken the time to try to express a gentleman for reminding me of that. oped all these programs and made his few feelings on this occasion. I have I do not know how many women presence felt. And it has been a good not given the gentleman from Pennsyl- Members there are of the House at the presence, it has been a fine presence, vania (Mr. MURTHA) all the credit that present time, but I think there must be because the gentleman has the great he deserves. I think he is one of the about 50. And I believe that the House qualifications of mind and of instinct great Members of the House in being has made and the country has made that are so necessary in a good chair- able to bring people together. And I progress in that respect, because I con- man. surely have not said the nice things I sider that the women Members are I want to commend also the other should be saying about the Republican among the ablest Members of the members of the Subcommittee on Inte- members of our committee, who are House and they make a real contribu- rior, who are really outstanding mem- very, very able members and good peo- bers of this House. It was a pleasure to tion. ple. It was a pleasure to work with I think the speech that the gentle- serve with them and to work with them. woman from Connecticut (Mrs. JOHN- them, particularly the gentleman from I want to return for a few seconds to SON) made last week on female contra- Pennsylvania (Mr. JOE MCDADE), who NEA. We have received letters from op- ceptives was one of the great speeches joins me in retirement this year. The ponents of NEA. And I notice, Mr. I have heard during my career in the House will surely miss him because he Chairman, that contrary to what I House of Representatives. And I am has been an outstanding chairman of thought was the agreement that the pleased that if the Republicans want to the Subcommittee on Energy and gentleman from Ohio (Mr. REGULA) and follow the rule that the Committee on Water Development of the Committee I had, there will be an amendment of- Rules voted out, that they had the on Appropriations. fered by the gentleman from New Jer- I will vote for the Johnson amend- good sense to select the gentlewoman sey (Mr. PAPPAS), I am told. And I have from Connecticut to offer the funding ment as it takes shape later in the bill, a copy of it, which reads as follows: after one of the opponents of NEA for the NEA amendment, because I The amounts otherwise provided by this think she is so eminently qualified in funding will have taken the floor to act are revised by increasing the amount for so many respects. make a point of order against the bill. land acquisition and state assistance under The gentleman from Ohio (Mr. RALPH I think we can bet that is going to hap- the heading National Park Service to pro- REGULA), what can I say about the cur- pen. vide the funds for State assistance programs

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5990 CONGRESSIONAL RECORD — HOUSE July 21, 1998 and reducing the amounts for grants admin- taxpayer dollars. I am proud to have worked that would benefit local school districts as well istration under the National Endowment for with Chairman REGULA to include provisions in as other visitors to the refuge. By ensuring the Arts by $50 million. this bill that are designed to put an end to the that a large manageable block of critical habi- Of course, that is not nickel-and- scandalous waste in the National Park Serv- tat is created at the refuge, acquisition of will- diming, as some of the amendments ice. ing-seller lands will significantly enhance the would have, but this is a major pro- This bill includes major reforms for the Na- refuge's programmatic goals and help bring gram cut, and I would hope that the tional Park Service's Denver Service Center. the refuge closer to the public. chairman would stand by his agree- The Denver Service Center is an arm of the Mr. YATES. Mr. Chairman, I yield 5 ment and oppose the Pappas amend- National Park Service which assists all regions minutes to the gentleman from Wis- ment. with planning and support. A recent report consin (Mr. OBEY) the very distin- Mr. Chairman, the names go first. We commissioned by Chairman REGULA proved guished legislative maestro. always make a mistake when we try to that the Denver Service Center is inefficient specify people. I momentarily forgot Mr. OBEY. Mr. Chairman, I thank and wasteful of taxpayer dollars. There is little the gentleman for yielding. the gentleman from Washington (Mr. accountability for the costs of the projects it DICKS). designs and little, if any, oversight of the de- At a later point, I will make the ap- I do want to laud my colleague for sign and construction process. Rather than propriate comments concerning my his service to the committee, as I creating standardized designs that would be own views of the shortcomings of this should. But as Justice Leonard Hand expected of a central design office, the DSC bill and the administration’s views of said, the names go first. Then he said needlessly reinvents the wheel over and over the shortcomings of this bill. For a mo- the knees go. Then he said the nouns again. ment, I would simply like to say some- go. And then we go. The reforms included in this bill make thing about our good friend the gen- At any rate, I want to close by ac- sense. First the DSC will be required to adopt tleman from the great State of Illinois knowledging the great friendship that standard practices common to the private sec- (SID YATES). the gentleman from Washington (Mr. tor and other government agencies. Second, As everyone understands, he came to DICKS) and I have had over the years they will be required to consult outside experts this House in 1948. And were it not for and his many, many contributions not and give more control to local park super- the fact that he ran for the Senate and only in the field of national defense but intendents. Finally, the DSC must cut its staff lost by 1 percent and so had 2 years of in the Interior bill. in half and contract out 90 percent of con- interrupted service before he returned Because of time limitations, I have struction projects to local architectural and en- to this body, were it not for that fact, not covered a number of the items I gineering firms. he would be recognized as the Dean of wanted to cover. But with that, Mr. Despite the problems with the Denver Serv- the House today. Chairman, I say thank you, thank you ice Center and the $800,000 toilet, there are He has served this House with ex- to the Members of the House for the many worthwhile projects in the DWGNRA traordinary skills on at least two sub- privilege of having associated with that should be funded. In the past, New Jer- committees. Since the beginning of the them over the years, and those who sey has not gotten its fair share of the money Marshall Plan, he has been involved in have come and those who have gone. for projects in the Delaware Water Gap. I had foreign policy. Sid was one of the Mem- It was a very, very wonderful experi- hoped that the Committee would agree to di- bers here who helped shape the Mar- ence. Public service is a great voca- vide the money for Delaware Water Gap on a shall Plan in its early years. And also, tion. I do not understand why anybody more equitable basis between New Jersey on the Foreign Operations Subcommit- would impose term limits, as they try and Pennsylvania. However, I do appreciate tee, he gave a lifetime of effort to as- to do in various parts of the country. the $300,000 included in this bill for much sure the national security of the State Public service is a great tradition and needed maintenance work on the New Jersey of Israel. He recognized that the United a great opportunity to serve the public, side of the Delaware Water Gap. States, having been a party to the cre- and I am very grateful for having had I was disappointed that we were unable to ation of that country, that we had un- that opportunity. include funding for the rehabilitation of the dertaken a long-term obligation to de- Mr. Chairman, I yield such time as Depew Recreation Site and money for the fend the security of that country, and she may consume to the gentlewoman long-awaited Weygadt Visitors Center. Unfor- he has done so with fervor and grace in from New Jersey (Mrs. ROUKEMA). tunately, we still do not have a formal boat all the years that he has been a Mem- Mrs. ROUKEMA. Mr. Chairman, I ramp on the New Jersey side, and many of ber of this Congress. rise to especially congratulate the the New Jersey recreation sites do not have chairman, the gentleman from Ohio At home he has been a champion of modern restroom facilities. Chairman REGULA civil liberties. He has understood that (Mr. REGULA) for the fine work that he has agreed to work with me as this bill moves the Constitution’s most important pro- has done here on behalf of the Dela- through the legislative process to see if we ware Water Gap National Recreation vision is that it guarantees citizens the can secure additional funds to address these right to be wrong; it even guarantees Area Service and the Denver Service fundamental needs on the New Jersey side of Center and the reforms that are writ- Members of Congress the right to be the Delaware Water Gap. Delaware Water wrong. And I can think of few Members ten into this bill. It is a major accom- Gap is a national treasure, not just a Pennsyl- plishment. whose passion for individual liberty vania treasure. and whose passion for constitutional Mr. Chairman, I greatly appreciate your will- Finally, I want to thank you for, once again, rights have been more fervent. ingness to work with me to secure funds for recognizing the significance of our wildlife ref- projects on the New Jersey side of the Dela- uges and specifically the Wallkill River Na- I would also say that more than any ware Water Gap National Recreation Area and tional Wildlife Refuge by including $1 million to Member I have known, SID has been a the Wallkill River National Wildlife Refuge. ensure the future preservation of the valuable champion of what he felt to be sensible These will bring greater use and expand the resource. budget priorities, almost without ex- opportunities for all people who use these Since its establishment, the refuge has re- ception putting the needs of regular park facilities. ceived appropriations through your sub- working people, putting the needs of As you know, Congressman JOSEPH committee to begin protecting the most critical education, putting the needs of health MCDADE and I share in the benefits of one of habitat within its borders, especially along the care, putting the needs of the environ- the most beautiful recreation areas in the Wallkill River itself. Funding has allowed for ment before the needs of wasteful country, the Delaware Water Gap National the acquisition of undeveloped frontage along weapons systems or aid to foreign dic- Recreation Area (DWGNRA). Unfortunately, the Wallkill River, as well as riparian wetlands, tators or other provisions of money recent media reports have highlighted the Na- meadows and upland areas, all of which sup- that did not as well reflect our na- tional Park Service's expenditure of $800,000, port large populations of numerous wildlife. In tional values. waste if not fraud, for a single restroom facility addition to enhancing habitat protection, acqui- He has served this subcommittee as at the Ramondskill Falls site on the Pennsyl- sition of additional property enhances the ref- chair for 20 years, and in the last two vania side of the Delaware Water Gap. uge's effort to open up to the public. The natu- Congresses as ranking Democratic I know we agree that there was simply no ral resources found at the refuge lend them- member; and in that time there has justification for this scandalous squandering of selves to environmental education programs been no greater defender of the public

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5991 interest in terms of protecting the en- country in Congress for nearly 25 per- have to listen to all these people who vironment, in terms of protecting pub- cent of the Congresses of the United were in opposition. lic lands, in terms of recognizing our States. And so we applaud and cherish But the main thing is that I think he obligations to Native American tribes. the gentleman from Illinois and his has left behind on our committee a And he also has, in my view, been the service to this place. whole series of members who have had single best debater I have ever seen in Mr. YATES. Mr. Chairman, I yield 3 the ability to see him and how he han- the years I have been in this House. He minutes to the distinguished gen- dles situations, and I think it has built has stood for a decent and just society. tleman from Washington (Mr. DICKS). a camaraderie on the Interior sub- And in connection with this bill, most Mr. DICKS. Mr. Chairman, I thank committee. I agree with our chairman, of all, he has been the quintessential the gentleman from Illinois for yield- this is a committee where we care champion of Federal support for and ing me this time. I want to start by about the culture of our country, we funding for the arts and humanities, thanking the gentleman from Ohio care about the natural resources, we recognizing that even with their occa- again for his great cooperation and care about the tribes, and the gen- sional faults those programs make a support on a whole host of issues that tleman from Illinois has been the real great contribution to giving society are beneficial to the Pacific Northwest, glue on our committee. We are going to the grace notes that make this society the region of the country that I have miss him. He has done a great job for a little better and a little more human the honor of representing. I also want the country and a great job for the In- society in which individuals can func- to congratulate the staff. This staff is terior subcommittee. tion. one of the very best. I appreciate the Mr. YATES. Mr. Chairman, I yield 2 So I am grateful for the years of serv- fact that they work with all the mem- minutes to the distinguished gen- ice he has provided here, as we all are, bers of the committee on both sides of tleman from California (Mr. FILNER). and we wish him Godspeed in his re- the aisle. That is a good standard. (Mr. FILNER asked and was given tirement. Mr. Chairman, I, too, want to say a permission to revise and extend his re- Mr. YATES. Mr. Chairman, I yield 3 few words about the gentleman from Il- marks.) minutes to the distinguished gen- linois. We have had a few differences of Mr. FILNER. Mr. Chairman, I thank tleman from Colorado (Mr. SKAGGS) opinion over the years. The gentleman the gentleman for yielding me this who will join me in retirement at the from Wisconsin talks about his great time. I hope the gentleman from Illi- conclusion of this Congress and whose debating skills going back to the days nois will allow me to pay my tribute to loss will be felt very deeply by the of Eddie Boland. I had the misfortune him by speaking in support of some- House and by the country. at that time to be the assistant for thing that he has fought for his whole Mr. SKAGGS. Mr. Chairman, I thank Senator Magnuson of the other body at career and, that is, full funding for the the gentleman from Illinois (Mr. the time who was the great author of National Endowment for the Arts. We YATES) both for the yielding of time the SST. So the gentleman from Illi- must allow the Endowment to continue and his kind thoughts. nois’ great eloquence cost us dearly be- its exercise of national leadership to- I want to begin by expressing my re- cause ultimately he won. But I will say wards our goal of making the Nation’s spect and affection for our chairman, this. The day after that great victory artistic resources available to all. the gentleman from Ohio (Mr. REGULA), for the gentleman from Illinois and A civilized society as the gentleman and my appreciation for all the consid- Senator Proxmire from the gentleman from Illinois has taught us for many eration he has given to me and all the from Wisconsin’s home State, a senior years must include art and cultural en- members of the subcommittee in put- member of the Boeing Company came richment, and I believe it is one of the ting the bill together, and thanks and in and said, ‘‘Those two guys saved the responsibilities of government to sup- appreciation to staff on both sides as company because if we had built the port that aspect of our civilization. We well. It has been a great pleasure and SST, we would have been in deep trou- simply cannot rely exclusively on the privilege to have worked with every- ble.’’ good will of a few private individuals to body associated with this subcommit- So the gentleman’s judgment was fund the arts. It is impractical and un- tee. good. It was correct, and I have learned reasonable to expect a single city or an But I, too, wish primarily to say a a great deal from him. Our styles are individual State to support the na- word or two about SID YATES. I was 5 probably, some people would say, com- tional availability of important cul- years old when SID came to Congress, pletely different. But I would say to a tural resources. It is the duty of all of and I wish I knew then how much I young political science student, if you us. should have appreciated what he was want to have a history of somebody The NEA can act to sustain and in- already doing for this country. There who has been what I consider the best crease funding for the arts by providing are many issues that come before us in subcommittee chairman I have ever incentive funding to other government which I think each Member yearns for seen in this House, it was the gen- levels. I see it in my own city of San a special eloquence to be able to ex- tleman from Illinois. He was fair to Diego. I see it around the country. NEA press how they feel. But, we love you, every witness that came before our helps to build alliances between the SID. committee and respected the individ- arts and related interests such as com- uals that came before the committee munity revitalization, downtown devel- b 1330 and treated them with dignity. opment and historical preservation. Mr. YATES. Mr. Chairman, if the Also he had tremendous passion and That is what is occurring in San Diego. gentleman will yield, I join him in the concern for the issues, such as the Na- It is occurring all over this Nation. expression of friendship that he has ex- tional Endowment for the Arts. He and The collaboration of NEA with other hibited. I will not go beyond that be- I have been on this floor defending the agencies to contribute to national cause I will probably react the same Endowment over the last 20 years. goals is paramount. Ultimately, Mr. way the gentleman did. What has happened is we would have Chairman, as the gentleman from Illi- Mr. SKAGGS. Trying to regain my the greatest hearings in our committee nois has taught us again, we are judged composure, and I thank the gentleman on the Endowment, and one day I got a by the heritage we leave our children. for interrupting me, perhaps just a cou- call from the gentleman from Illinois. I hope we leave them more than soap ple of quantitative observations will He said, ‘‘I need you to cover me this operas and talk shows, attack sub- capture how we are blessed and graced afternoon on the hearing for the En- marines and assault rifles, gangs and with the gentleman from Illinois being dowment for the Arts.’’ He forgot to drugs. By supporting the NEA, we en- really an example of living history tell me it was the opposition to the En- sure that the arts will continue to be among us. dowment for the Arts. So I had to come here helping to build our economy and While commenting on the fact that in and be the acting subcommittee trade opportunities, helping to keep he has graced the planet for 40 percent chairman. There were quite a list of our youth from misbehavior, helping to of the existence of the Republic may very interesting individuals. The gen- increase public awareness and under- make him feel old, he is indomitably tleman was good at handing things off standing of culture, not just for those young at heart. He has served this when he did not particularly want to with money, not just for the elite but

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5992 CONGRESSIONAL RECORD — HOUSE July 21, 1998 for all of us. I thank the gentleman $1.5 billion. Yet, during this decade, appropria- suring that, within current budget allocations, from Illinois for keeping this inspira- tions for State Reclamation Grants have aver- programs are funded in a way to help protect tion alive for so many years for all of aged only $140 million a year. our environment and preserve our natural re- us to keep it going. The purpose of the Abandoned Mine Rec- sources. It has also been a distinct privilege to Mr. YATES. Mr. Chairman, I yield 2 lamation Program, obviously, is not to collect serve on this committee with our distinguished minutes to the distinguished gen- fees assessed on coal production so they can ranking member, Congressman SIDNEY YATES. tleman from Rhode Island (Mr. KEN- sit idle in a government trust fund. His passion for the things in which he be- NEDY). Rather, it is to make these funds available lieves, including the National Endowment of (Mr. KENNEDY of Rhode Island for the reclamation of abandoned coal mine the Arts, is a testament to what a man of prin- asked and was given permission to re- lands thereby mitigating health, safety and en- ciple can do through the force of his convic- vise and extend his remarks.) vironmental threats to coalfield citizens while tions. It is truly by the force of his intellect, and Mr. KENNEDY of Rhode Island. Mr. creating jobs and bringing these lands back to in many instances, the strength of his wit, that Chairman, I thank the gentleman from productive uses. the NEA has survived attack after attack Illinois for yielding me this time. I Joining me in the effort to liberate a greater through all of these years. want to concur with the gentleman amount of the reclamation funds this year are As a member of this subcommittee, I will from California (Mr. FILNER) on his the Associated General Contractors of Amer- miss SID YATES, and the spirited debate, as comments on the NEA to say I hope to ica, the United Mine Workers and the Citizens well as humor, he injects into our hearings. As speak on that shortly when it comes Coal Council. an individual with tremendous respect for this up, but I want to take this opportunity With that stated, I do want to express con- institution and those who have served in it, I to join my colleagues in paying tribute cern over bill language included in this appro- can think of no better example of selfless to the gentleman from Illinois. priation measure that would authorize $7 mil- dedication and commitment to public service One of the things that has not really lion from the balance of interest earned on the embodied in SID YATES. This institution is a re- been emphasized in the long career Fund for the Appalachian Clean Streams Ini- flection of those who serve in it. Congressman that the gentleman from Illinois has tiative. YATES brings an air of dignity, of civility, of had in this House is his steadfast stew- There is more than a sufficient unappropri- goodwill to this body that is in short supply. ardship over the trust responsibility ated balance in the Federal share of the Fund We will be weaker for his loss, but hope that that this government has to our Native to provide for this $7 million appropriation we can attempt to live up to the high stand- Americans, our first Americans. When- without tampering with the accrued interest. ards he has set for individual leadership and ever issues came up with respect to Specifically, interest payments to the Fund conduct in this body. this government fulfilling its obliga- are reserved, in part, for transfer payments to Mr. Chairman, this bill is the primary funding tions to provide for our Native Ameri- the United Mine Workers Combined Fund. In mechanism for our nation's natural resources. cans, the gentleman from Illinois was light of a recent Supreme Court decision, I am Together, the four primary land management there, long before others ever stood on loathe to see any diversion of these interest agencies funded under this billÐthe National behalf of Native Americans. I think for payments to new endeavors. Park Service, the U.S. Forest Service, the those of us today who are carrying on While I had contemplated offering an Fish and Wildlife Service, and the Bureau of the fight, we need to look no further amendment on this matter, in light of the great Land ManagementÐmanage approximately for an example of what kind of person degree of cooperation Chairman REGULA has 628 million acres of public land. Our nation's we need to emulate than the gentleman shown on the Abandoned Mine Reclamation commitment to protection of animals, plants from Illinois when it comes to standing Program this year I would rather work with him and mineral resources is largely carried out up for our Native Americans. and his Senate counterparts to address this through this bill. In addition, our commitment Finally, Mr. Chairman, many people issue during conference. to Native Americans is carried out through have remarked about how long the gen- Mr. SENSENBRENNER. Mr. Chairman, funding of the Indian Health Services and the tleman from Illinois has served in this H.R. 4193, the Department of Interior and Re- Bureau of Indian Affairs. Finally, research to esteemed body. I would like to say for lated Agencies Appropriations Act for Fiscal improve our energy efficiency, and identify me it gives me a great deal of pleasure Year 1999, includes funding for the Depart- better renewable energy sources, are also in- to serve with such a titan of legislators ment of Energy's (DOE's) Clean Coal Tech- cluded in this bill. like the gentleman from Illinois given nology, Fossil Energy and the Energy Con- While I clearly support certain funding prior- the fact that he served in this House of servation Research and Development pro- ities included in this bill, I remain concerned Representatives with my uncle, John grams. about others. This bill contains only $139 mil- F. Kennedy, when he was a Member of Without the benefit of the increased reve- lion of the $900 million authorized funding for the United States Congress in 1948. To nues from a non-existent tobacco settlement, the Land and Water Conservation Fund, with think that I would have the oppor- and notwithstanding the very tight budget no funding for state matching grants. As the tunity to serve with someone who caps, the Appropriations Committee has main- primary funding source for conserving our nat- served with President Kennedy in the tained or increased spending on important en- ural resources, protecting open space, and en- House of Representatives is truly ergy research and development programs. hancing recreation opportunities, this fund something that I will always cherish I am particularly pleased that the Committee should be a priority in our federal budget. I and remember. has included report language directing the know that amendments will be offered to in- Mr. YATES. Mr. Chairman, will the DOE to address in its FY 2000 budget, the crease funding for the LWCF and I believe gentleman yield? House Science Committee's recommendation they deserve serious consideration. Mr. KENNEDY of Rhode Island. I in H.R. 1277, the Civilian Energy Research Mr. SKAGGS and Mr. FOX will offer an yield to the gentleman from Illinois. and Development Act of 1997, with respect to amendment to increase funding for energy ef- Mr. YATES. I will tell the gentleman peer-reviewed, cost-shared research. ficiency programs. Despite the success of that he is carrying on the great tradi- I also want to express my strong support for these programs in conserving energy and sav- tion of his uncle and of his father. the bill's report language prohibiting any funds ing money, the bill includes damaging cuts for Mr. KENNEDY of Rhode Island. I from being used to implement the Kyoto Pro- building technology, the Federal energy man- thank the gentleman very much. tocol. This language is consistent with the Ad- agement program, and transportation, among Mr. RAHALL. Mr. Chairman, the pending ministration's assurances that Senate ratifica- other programs. The amendment helps to re- legislation proposes $7.8 million for the Aban- tion must precede actions to implement the store funds to these important programs that doned Mine Reclamation Program and I com- Kyoto Protocol. Given the obvious problems actually result in cost savings, through re- mend the gentleman from Ohio, RALPH REG- with this unfunded, unsigned, and unratified duced energy bills, and environmental protec- ULA, for seeking to accommodate the request Protocol, such a limitation is essential and tion through decreased energy use. I support I and others have made in this matter. timely. this amendment and hope it will be approved. Indeed, this year I spearheaded a Coalfield Mr. MORAN of Virginia. Mr. Chairman, I In addition, I remain concerned about pro- Jobs, Environmental Justice and Trust Cam- want to thank the Chairman of the Committee, viding appropriate funding to support recre- paign to increase appropriations from the Congressman RALPH REGULA, for putting this ation activities on our public lands. The total Abandoned Mine Reclamation Fund. bill together and conducting the business of economic benefit to the economy from outdoor This is a trust fund with about $266 million this subcommittee in a spirit of bipartisanship recreation exceeds $100 billion and includes a year in receipts and a balance approaching and cooperation. I know that his interest is en- more than 2.5 million jobs. Yet, the funding we

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5993 pour into our forest system, for example, is tilt- Nevertheless, Mr. Chairman, I rise with sig- mining claims, which literally provide for the ed largely in favor of timber production, rather nificant concerns regarding the substance, give-away of our public land to special inter- than conservation. While the agreement to funding and policy embraced in this 1999 Inte- ests, often fragmenting the ecosystems and end the purchaser road credit is an important rior Appropriations bill. This provides 3% less undercutting logical management of our public step in reducing the dominance of money los- funding than the 1998 measure, and that lands, and the moratoria on further leasing of ing timber programs, it is only one program translates into less funding for many of Ameri- the oil and gas leases on the U.S. Outer Con- among many that deserve scrutiny and recon- ca's most well-known and revered assets: our tinental Shelf (OCS). Congress needs to ad- sideration. Currently, only one percent of the national parks, forests and public lands. This dress these long-term problems with law, not forest service budget is spent on watershed means that construction of needed facilities these yearly moratoria. But until we have per- restoration and compared to the economic in- and partnerships will not be accomplished, manent policy, these actions and moratoria vestment generated, a very small portion of and that key land parcels that will become are essential. the budget is spent on recreation. available will not be purchased, and inholdings I am certainly concerned that the appropria- Congresswoman FURSE will offer an amend- and problems will occur, depreciating these tion process has been focused in numerous ment that would redirect more Forest Service key land parcels. measures to undercut the Kyoto agreement, a funds to watershed improvements and recre- One good measure continued is the fee treaty which hasn't even been voted upon. ation management. This is an important demonstration program in the absence of au- The purpose in these bills appears to prevent amendment and it should be approved. thorization and limited funds. This helps in nu- objective scientific research, monitoring and In addition, Mr. Chairman, I am concerned merous ways to augment the shortfall of fund- analysis, to in essence interfere with the non- about some of the legislative provisions that ing. Numerous measures are included, which partisan attainment of facts to stop the have been added to this bill. I offered an hamstring the land management agencies and progress to disarm the advocates of such a amendment at full committee which was ac- the implementation of policy based upon pro- needed global agreement. This effort is im- cepted by Chairman REGULA to reduce the fessional land management practices and proved and reflects badly on this Congress. size of the road through the Chugach National solid study and science in which it is rooted. We need such information and work now more Forest that was authorized in this bill. While I Hopefully, the amendments to reject these lim- than ever. appreciate the Chairman for accepting this its where it is possible to change these appro- Mr. Chairman, finally, no doubt today this language, it would be even better if this lan- priation riders will be positively acted upon. chamber will ring with arguments against fund- guage were not in the bill at all because it cir- I am also interested in the curtailment of the ing the National Endowment for the Arts. Inter- cumvents an ongoing process between the timber roads policy, the timber road credits, estingly enough, one argument offered by stakeholders to determine the best location for that has been included in this measure and those opposed to funding is how insignificant the road. In addition, I am concerned that this the emphasis upon road closure and mainte- the federal commitment is. At less than one bill may allow for new road construction on the nance, this is positive and much-needed, and percent of the total $9 billion spent on the arts Tongass National Forest and allows the use of I hope to be able to vote for additional limits in AmericaÐand less than one hundredth of K±V funds for administrative overhead ex- on timber roads. I'm concerned about the pro- one percent of our total federal budgetÐthey penses, which encourages timber salvage ac- jected 3.6 billion board foot target number in- argue the money won't be missed. They try to tivities on federal lands. I hope that these cluded in the measure. The tendency to in- minimize the action and effort to cut and its issues can be addressed as we move toward clude legislated numbers or quotas for timber adverse impact. conference in this bill. harvest have had the effect historically of dis- Since the NEA figures are relatively small, I In addition, I hope that the wisdom of the torting the use and mission of our national for- can understand some of the temptation to Chairman in not including certain damaging ests and result in the loss of the forest and minimize the NEA's importance. The NEA provisions in this bill will maintain through con- taxpayer dollars. works as the catalyst in each state, providing Timber harvest should be left to the varied ference. The Administration has already cultural activity throughout the nation. Non- management plans and process, rather than threatened a veto of several provisions in- profit arts organizations depend on a partner- attempting to superimpose a political judgment cluded in the Senate version which are, thank- ship of multiple sources for funding. Private upon our nation's forest eco-systems. fully, not included in this bill. The Interior Ap- While this rule for consideration of this funding sources are more willing to match propriations bill should not be used as a vehi- measure has attempted to make a virtue of funding when a federal commitment is cle for failed ideas and proposals that did not what is and isn't authorized this measure has present. When the federal commitment backs have enough support to pass out of the au- gone to extraordinary lengths to permit re- out, often private funding dries up. thorizing committee. peated votes on pet projects and protect oth- The arts are important to Americans. In my Mr. Chairman, putting a bill together of this ers from votes and help to special interestsÐ home state of Minnesota, one million children scope and magnitude is a tremendous task. I all at the expense to our natural resources, were served by non-profit arts organizations want to thank Chairman REGULA, Mr. YATES parks, wilderness and the legacy of future last year. In 1994, by investing $255 million of and the committee staff for the important work generations, such as the Chugach Road, total arts spending by Minnesota arts organi- they have done in putting this bill together and which mandates a twenty-six mile long, 250- zations, we saw a $900 million economic im- hope that we can continue to work to ensure foot wide easement through an Alaska wilder- pact in our communities, both rural and urban. that we have a bill that has the support of ness and spurns the current negotiations to Only about $5 million of that money came Congress and this administration. resolve this matter. And proceeds with this from the NEA, but the message was clear that Mr. VENTO. Mr. Chairman, I want to ac- road notwithstanding the result. the federal commitment was there as the foun- knowledge the work of the members of this Mr. Chairman, the reduced role of the dation and endorsement of state, local and subcommittee today led by Chairman REGULA, N.P.S. Denver Service Office is being ad- non-profit participation. who throughout his service has been a con- vanced as a panacea, as if it alone were re- Money from the NEA enables organizations scientious worker on the substance of these sponsible for the high cost of construction, and to provide services that would otherwise not Interior Appropriations. of some celebrated projects like the Delaware exist. It is important to communities without a Without question, the principal advocate for Water Gap ``outhouse.'' The fact is when we philanthropic or corporate funding base for cul- this measure has been SIDNEY YATES, a mem- look behind these projects, we will find in tural activities. The less visible arts such as a ber who will complete his service of 48 years many instances the U.S. Congress as advo- ``poet in residence'' in a small town or visiting in Congress this year, one of the longest and cate, not the N.P.S. Denver Service Office a school are greatly empowered by the NEA. most able members of the HouseÐwho has who was cast to do the bidding of those in Since NEA funding to Minnesota was cut in set the standards and positive temperament in public office. half in 1996, many small and mid-sized orga- which this measure has been shaped and the The Denver Service Office has been a whip- nizations are not receiving fundingÐand unfor- key programs that it funds. We will miss him. ping post for a lot of projects that have been tunately none in rural areas. But SID YATES has made a big difference and costly, and perhaps the employment of some In 1996, all NEA funding for a program in St an indelible positive mark on these key pro- private sector incentives and professionals will Paul called COMPAS was cut. COMPAS is an grams. He indeed has given generously and help, but this will bear close oversight to be organization that sponsors hands-on arts ac- without reserve to this service. We should also certain as to quality and standards which tivities that strengthen communities and indi- acknowledge JOSEPH MCDADE, a long time in today have been the prerequisite for the viduals through creative self-expression. Their service as a ranking member and key partici- N.P.S. will be attained. program include Writers and Artists in the pant regarding the topics before this sub- Mr. Chairman, I support the moratoria in- Schools, arts projects at Battered Women's committee, again retiring. He will be missed. cluded in this measure on patenting of new Shelters, urban neighborhood arts projects,

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5994 CONGRESSIONAL RECORD — HOUSE July 21, 1998 and programs to support creative expression level of $1.2 million. As the appropriations ing for the arts. Secondly, they object among the elderly through writing, just to process continues, I hope the benefits of the to the shortchanging of a variety of name a few. These programs stimulate impor- Upper Mississippi River National Wildlife and programs in the jurisdiction of this bill tant parts of the brain and provide tools for Fish Refuge Interpretative Center will be fully because of the inadequate allocation to better communication skills in special needs considered. the subcommittee which results in a populations. According to COMPAS, getting The CHAIRMAN. All time for general serious shortfall of funds in a number money from the NEA is like a Good House- debate has expired. of key programs. They specifically ob- keeping seal of approvalÐit validates their Pursuant to the rule, the bill shall be ject to, for instance, the fact that function so they can secure other funding considered for amendment under the 5- funds are reduced by more than half of sources. Without the NEA funding, other pros- minute rule. the $270 million administration request pects for funding are actually diminishedÐnot The amendments printed in part 1 of for the Land and Water Conservation enhanced as some NEA critics maintain! House Report 105–637 are adopted. Fund. They object to the fact that Many may not realize that the NEA spon- If an unprotected provision is strick- there is provided no funding for the sors grants to Public Radio International. Prai- en on a point of order, the Committee millennium program protecting arti- rie Home Companion, the weekly radio broad- of the Whole shall immediately con- facts of our national heritage. They ob- cast out of my hometown in St. Paul, was sider the amendment printed in part 2 ject to the fact that the bill denies started through funding from the NEA. Top- of that report, if offered by the gentle- most of the requested $128 million in- notch, world-class arts organizations like the woman from Connecticut (Mrs. JOHN- crease for Interior and the Forest Serv- Minnesota Orchestra, the St. Paul Chamber SON) or her designee. That amendment ice to implement the Clean Water Ac- Orchestra, the Minnesota Opera and the Guth- shall be considered read, shall be de- tion Plan. They object to the lack of rie Theater suffered serious setbacks from batable for 30 minutes, equally divided adequate funding to deal with the Year 1996 NEA funding cuts. And many may not and controlled by the proponent and an 2000 computer problem. And they ob- realize that the Fourth of July celebration on opponent, shall not be subject to ject to a number of legislative riders in the Mall here in Washington was entirely amendment, and shall not be subject to the bill, as well, as they affect various sponsored by the NEA. Half a million people a demand for division of the question. environmental programs. won't hear the Blues & Roots show and the The amendment printed in part 3 of b 1345 National Symphony next year if NEA funding the report may be offered only by the is eliminated. gentleman from Alaska (Mr. YOUNG) or They also object to the fact that the Successful programs today that are proven his designee, may be offered only at the administration’s requested increase in may achieve alternative funding and be com- appropriate point in the reading of the energy conservation for development of mercially viable, but what about the nourish- bill, shall be considered read, shall be technologies to improve industrial ment for tomorrow's American creativity that debatable for 30 minutes, equally di- transportation and building effi- would be lost without NEA funding? It's time to vided and controlled by a proponent ciencies and to reduce carbon emis- recognize some of the ways so many Ameri- and an opponent, shall not be subject sions are also significantly reduced. cans will be affected if this small amount of to amendment, and shall not be subject So I would simply say, as we move money is defunded. What some portray as a to a demand for division of the ques- into this debate, this bill has a long negligible amount is one of America's most tion. way to go before it reaches a condition profitable investments in itself. The NEA is a During consideration of the bill for in which it would receive a Presi- great bargain at $0.36 per person, both cul- amendment, the Chair may accord pri- dential signature. I think the commit- turally and economically, with immeasurable ority in recognition to a Member offer- tee needs to recognize that point returns. I urge my colleagues to vote in sup- ing an amendment that he or she has today. port of the NEA and to reject the bogus argu- printed in the designated place in the I would also question the earmarking ment to defund the NEA. CONGRESSIONAL RECORD. Those amend- of several projects in this House that Mr. NUSSLE. Mr. Chairman, I would like to ments will be considered read. are a very low priority given the very commend Chairman REGULA and his col- The Chairman of the Committee of deep reductions that were made in the leagues on the Appropriations committee on the Whole may postpone a request for a overall accounts in which those same their efforts to prepare this appropriations bill. recorded vote on any amendment and projects are found. While the Subcommittee was not able to may reduce to a minimum of 5 minutes It seems to me that, for a variety of fund this project, I wanted to take this oppor- the time for voting on any postponed reasons, this bill, at this point, despite tunity to draw everyone's attention to the ef- question that immediately follows an- the best efforts of the chairman of the forts going on to provide an interpretive center other vote, provided that the time for subcommittee, the bill is not in the for the Upper Mississippi. The Upper Mis- voting on the first question shall be a condition at this point that it would sissippi River is a national treasure because of minimum of 15 minutes. receive a Presidential signature. I urge its unique ecological and historical value which The Clerk will read. the House to correct that as it moves is shared by no other part of the world. An in- The Clerk read as follows: through the process if it wants to avoid terpretive center would allow visitors to ex- Be it enacted by the Senate and House of Rep- yet another appropriations bill which plore the social, economic and environmental resentatives of the United States of America in seems to be headed for a confrontation history of the Upper Mississippi in an inte- Congress assembled, That the following sums with the White House rather than a grated and compelling way. This truly is a are appropriated, out of any money in the compromise. great-American venture which would benefit Treasury not otherwise appropriated, for the Mr. REGULA. Mr. Chairman, I move the entire nation and provide an educational fiscal year ending September 30, 1999, and for to strike the last word. and cultural base for future generations. There other purposes, namely: I just want to comment in response currently is no other project or facility along Mr. OBEY. Mr. Chairman, I move to to the gentleman from Wisconsin (Mr. the Upper Mississippi River which celebrates strike the last word. OBEY) and the points that he makes. this rare heritage. Mr. Chairman, I do so only to make We have increased the Everglades res- On March 3 of this year, Mayor Terry clear to the House what the concerns toration effort up to $20 million. Park Duggan, Jerry Enzler, Teri Goodmann and are of the administration as we move Operations are up $99 million, which is other Mississippi River Museum officials testi- into the consideration of this bill. The the administration’s request. The Bu- fied before your Subcommittee about their ef- Statement of Administration Policy reau of Land Management is up $20 forts to create a world-class interpretive center indicates that on the committee bill as million. These are all increases. BIA that will provide visitors a unique view of the modified by the rule and associated tribal priority allocations are up $14 Mississippi River. I commend the entire Mis- motion, if it were presented to the million. The National Wildlife Refuge sissippi River Museum staff and all of the President, the President’s senior advis- account is up $18 million. This is all many people in Iowa, along the Mississippi ers would recommend that he veto the over last year’s bill. BIA education and and around the country for all their hard work bill at this point. law enforcement, $20 million. In the In- and efforts for this noble project. They do so for a number of reasons. dian Health Services, where the admin- The other body of this Congress has de- First of all, they obviously object to istration was requesting less than last cided to provide funding for this project at a the rule which has put at risk the fund- year, we have increased it $147 million.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5995 We have fully funded wildland fire I also want to bring Members’ atten- sion of arts institutions throughout fighting. tion to the provisions in the bill ad- our Nation. The NEA is responsible for I think the steps that we have taken dressing the Interior Columbia Basin building the cultural infrastructure of in management with the Denver Serv- Ecosystem Management Project. There our country. Over the last 30 years, the ice Center will allow us to have addi- may be an amendment to modify or NEA has nurtured a healthy infrastruc- tional funds in the future for construc- strike the provisions contained in this ture of cultural institutions in order to tion. bill through the subcommittee and better serve the unique needs of each So I am simply saying it may not be then again through the full committee. community. perfect by some definitions, but we This project started as a simple sci- In 30 years, the number of State arts have made a lot of very substantial in- entific assessment of the public lands councils increased from 5 to 56, the creases and improvements over man- in eastern Washington and Oregon. number of local arts councils grew agement in the past years. Once begun, it took on a life of its own. from 600 to 3,800, the number of orches- Mr. NETHERCUTT. Mr. Chairman, I This occurred back in 1994. Money was tras increased from 110 to 230, the num- move to strike the last word. inserted into the Interior bill without ber of nonprofit theater companies in- Mr. Chairman, we ran out of time in authorization. creased from 56 to 425, the number of the general debate, because I wanted to And 4 years later, now, we have spent dance companies grew from 37 to 450, lend my words of respect and admira- at least $40 million on the planning and the number of operas grew from 27 tion to not only our chairman of our process of ecosystem management, to 120. subcommittee, who has done such a whatever that really means to whoever Since its creation in 1965, the NEA wonderful job of putting this bill to- wants to define it, and there is no end has awarded over 100,000 grants, and gether, but certainly the gentleman in sight. less than 40 have been considered to be from Illinois (Mr. YATES) for all of his The implementation, according to controversial. It is estimated that the service and humor and wisdom in our the agencies involved, would cost up- endowment cost each American just 64 subcommittee. wards of $125 million a year for 10 cents a year. However, with this mod- But, also, I think the fact that he years. That is not possible in this bill. made the statement that the members est investment, the agency helps en- It will not be possible over the next 10 of the subcommittee are of high char- hance the quality of life for all of our acter and quality is personified, not years. citizens. The language in the bill brings this I really think, when you analyze this, only in him, but in the chairman of our unauthorized regional planning proc- you see that the Endowment has been a committee as well as the gentleman ess, and that is really what it is, back catalyst. It has helped spread the arts from Washington (Mr. DICKS), and the down to the local level where managers all over this country. Instead of at- gentleman from Wisconsin (Mr. OBEY), and other Members on our side, espe- better understand the capabilities and tacking it, we should be applauding it cially the gentleman from Colorado the challenges facing the land in a par- for a job well done. ticular area. The administration has I want to compliment both the gen- (Mr. SKAGGS), who worked so hard on the Democrat side to make this com- objected to this concept. If they would tleman from Illinois (Mr. YATES) and mittee a success. come forward in a constructive man- also the gentleman from Ohio (Mr. Mr. Chairman, I do support this bill. ner, I, speaking for myself only, would REGULA), our chairman, for the work It is a good bill, crafted well. When be willing to work with the administra- that they have done to try to fashion a many Americans think of the natural tion on appropriate language. But I way for the House to be able to work beauty of our country, they think of cannot support the imposition of a one- its will on this issue. the area as managed by the agencies size-fits-all standards on our forests I just feel so strongly. In my own funded by this bill, our national parks, and BLM districts from northern Ne- State of Washington, to see all of the our forests, our monuments, our cul- vada to western Montana. various arts institutions grow and de- tural treasures. The bill also provides So I hope that the Members in this velop with small seed money from the funding for Native Americans through body will take particular care to look NEA has really been something that I the Bureau of Indian Affairs and the into the Interior Columbia Basin Eco- am proud of and I think everyone from Indian Health Service. system Management Project itself, un- our State is proud of. So I would like I am pleased that our chairman, derstand what those of us in the West to see the money left in under the Obey along with our subcommittee, have face regarding ecosystem management, amendment, but if that does not occur made Native American health a prior- and support the committee’s version of then we certainly want to support the ity in this bill. The lowest life this particular provision. gentlewoman from Connecticut (Mrs. expectancies in this country exist I also encourage my colleagues to JOHNSON) when she offers an amend- among Indian populations, and they support this bill and approve of all of ment to restore the money. are the lowest of any nation in this the provisions within it, because it is a It is certainly, in my judgment, one hemisphere except Haiti. finely balanced and finely tuned bill. of the high priorities for this bill. Despite the President’s emphasis on Mr. DICKS. Mr. Chairman, I move to I rise in support of the amendment to pro- health care, this is an area that was strike the last word. vide full funding for the National Endowment miserably overlooked in the Presi- Mr. Chairman, I rise in support of an for the Arts (NEA) at the level of $98.5 million, dent’s request to Congress. He really amendment that will be offered in a and urge my colleagues to join me in casting shortchanged the Indian population few minutes to provide full funding for an important vote in support of our nation's and their health needs. The Indian the National Endowment for the Arts arts programs. Health Service received the lowest at the level of $98.5 million and urge As a Member of the Interior Appropriations funding increase in the Department of my colleagues to join me in casting an Subcommittee, I have been privileged to work Health and Human Services budget re- important vote in support of the Na- closely with my distinguished colleague SID- quest at less than 1 percent, while the tion’s arts programs. NEY YATES, and other supporters over the overall funding request for HHS aver- As a member of the Subcommittee on years to ensure the survival of the National aged a 7 percent increase. Interior of the Committee on Appro- Endowment for the Arts (NEA). In the area of diabetes, the chairman priations for 22 years, I have been priv- The National Endowment for the Arts (NEA) has included language tightening re- ileged to work closely with my distin- is a critical institution for our nation. This im- porting requirements for Native Amer- guished colleague, the gentleman from portant organization has served as a catalyst ican tribes receiving funds for diabetes Illinois (Mr. YATES) and other support- for the expansion of arts institutions through- prevention and treatment to monitor ers over the years to ensure the sur- out our nation. The NEA is responsible for the usage and effectiveness of the pro- vival of the National Endowment for building the cultural infrastructure of our coun- gram. Also in the bill is $1 million for the Arts. try. Over the last 30 years, the NEA has nur- an innovative diabetes program to be The National Endowment for the tured a healthy infrastructure of cultural institu- administered by the Joslin Diabetes Arts is a critical institution for our tions in order to better serve the unique needs Center, a leading center in diabetes re- Nation. This important organization of each community. In 30 years, the number search in our country. has served as a catalyst for the expan- of state arts councils increased from 5 to 56;

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5996 CONGRESSIONAL RECORD — HOUSE July 21, 1998 the number of local arts councils grew from Mr. Chairman, I rise in support of that. As a matter of fact, I think that 600 to 3,800; the number of orchestras in- this bill and I want to particularly con- is exactly what we should be support- creased from 110 to 230; the number of non- gratulate the gentleman from Ohio ing. These are institutions that would profit theatre companies increased from 56 to (Mr. REGULA), the chairman, for the ex- have a difficult time surviving without 425; the number of dance companies grew cellent balancing act he has accom- the small contributions that they re- from 37 to 450; and the number of opera com- plished, although a few more changes ceive from the NEA. panies grew from 27 to 120. will need to be made and we are going I think the Federal Government Since its creation in 1965, the NEA has to address the National Endowment for ought to undertake these sorts of le- awarded over 100,000 grants and less than 40 the Arts very shortly. gitimate activities through which the have been considered to be very controver- I am especially pleased that the bill American public working collectively sial. It is estimated that the Endowment costs eliminates the Purchaser Road Credit can enrich our culture in a way that is each American just 64 cents a year. However, program. That is a major environ- difficult for individuals working alone. with this modest investment, the agency helps mental victory. We were able to ac- So I urge my colleagues to support enhance the quality of life for our citizens, by complish that with the help of our the Johnson amendment. It is well supporting theaters, touring dance companies, Western colleagues. We worked to- thought out. It is well reasoned and it folk festivals, arts education, orchestras, mu- gether. We reasoned together. This is good for this bill and it is good for seums, and a wide variety of other programs. shows that when people sit down and America. Many widely acclaimed programs began reason together and try to work things Finally, just let me say that this with the talent of individuals who had received out, we can actually make some seri- Member, along with so many of my col- seed money from the NEA, and many rural ous progress. leagues, will miss the gentleman from areas of our nation would not be able to enjoy The Purchaser Road Credit is being Illinois (Mr. YATES) when he is not arts programs without outreach by the Endow- eliminated as part of an agreement here in the next Congress. I hope I am. ment. under which Easterners and Westerners The gentleman from Illinois (Mr. We must recognize that the small invest- agreed to forego other changes to YATES) has been a tower of strength. ment made by the federal government in fund- amend the bill. That is a fair deal, and He has been a person that you can talk ing the NEA creates tremendous leverage in I urge my colleagues to support it. to who will listen to you. He has just obtaining private investment. For every dollar There are some timber amendments done so much for so many for so long spent by the Endowment, it attracts $11 in in- that fall outside the agreement, those and he will be sorely missed. vestment from the private sector. In fact, many concerning the Chugach and the K-V I thank the gentleman from Illinois private sector contributors rely heavily on the Fund, and I urge my colleagues to sup- (Mr. YATES) for serving America so NEA's grant selection process as a guide to port those amendments. well. the kinds of programs that should be sup- I also want to clarify language we Mr. KENNEDY of Rhode Island. Mr. ported. agreed to have in the bill that enables Chairman, I move to strike the last Endowment support has helped to increase the Forest Service to use the Roads word. audience support for all art forms For exam- and Timber Trails Fund for some new Ms. JACKSON-LEE of Texas. Mr. ple, the annual audience for professional purposes. This could be a great plus for Chairman, will the gentleman yield? dance has grown from one million to more the environment if the Forest Service Mr. KENNEDY of Rhode Island. I than 16 million over the past 28 years. Audi- uses this money for true forest health yield to the gentlewoman from Texas. projects as section 334 requires. ences for the work of professional opera com- b 1400 panies have grown to over 7.6 million, com- We will be watching very closely to pared to only 5 million a decade ago. see that this section is not violated by Ms. JACKSON-LEE of Texas. Mr. Non-profit theaters serve an audience that using the funds for salvage logging or Chairman, I thank the gentleman from has grown to over 20 million. Symphony per- road building. Rhode Island for his kindness. formance attendance has risen to over 27 mil- Turning to the National Endowment I rise for two particular reasons, and lion annually. All of this has occurred with for the Arts, this is something we go that is to support the National Endow- seed support from the NEA. over time and time again. I think it is ment for the Arts and the National En- Also, support for the arts is support for the a sad commentary that we have to en- dowment for the Humanities. It is a economy. The NEA's modest budget has an- gage in this debate yet once again. We sad story that the amendment offered nually generated matching funds estimated at have already made NEA selection cri- by the Democrats could not have been over $1.2 billion. These monies permeate the teria more stringent. We have already left in, that provided the $98.5 million, economy. At least 1.3 million full time jobs are limited grants to individual artists. We and that we will be subjected to a point supported by the arts; $25.2 billion is earned have already reduced NEA funding to of order of which then the Johnson through salaries, wages, and entrepreneurial about half of its peak level, and I think amendment will hopefully be offered income; local governments receive $790 mil- that is cutting too much but the will of and supported to provide for the En- lion in taxes and fees; state governments re- the House has to be worked. dowment for the Arts. ceive $1.2 billion; and the Federal government Yet even though we have addressed But I would say that the American receives $3.4 billion in income tax revenue. every legitimate concern raised by people stand alongside of those of us It is clear that the outreach and support NEA opponents, and some that were who enthusiastically continue to sup- granted by the NEA to the arts has an incred- not as legitimate, they are still hell port the National Endowment for the ible ripple effect throughout our economy, and bent on destroying an agency whose Arts and Humanities. In fact, for every restricting or eliminating the NEA's ability to programs educate and enrich the lives dollar the NEA invests in communities, perform that outreach would be both economi- of Americans in all regions and in all there is a 20-fold return in jobs, serv- cally and culturally devastating. walks of life. ices and contracts, and corporate In my home state of Washington, many arts I simply do not understand it. I look America believes it is important to and cultural institutions have benefitted from at what NEA has done in my district in have a public-private partnership. NEA grants, including: Tacoma's Broadway upstate New York, a rural area. We In Houston, Texas, the symphony, Theater, the Pacific Northwest Ballet, the Se- have the world class Glimmerglass the opera, the ballet, all of my indige- attle Art Museum, the Spokane Symphony, Opera. It gets support. We have small nous and community-based arts groups and the Seattle Childrens Theater. county organizations like the stand alongside of support. I hope we Throughout the nation, the National Endow- Chenango County Council for the Arts do not have to go through these she- ment for the Arts (NEA) is serving the inter- doing magnificent work to introduce nanigans again, and I hope we vote en- ests of the American people. It is important for youngsters in their formative years to thusiastically for supporting the arts our future, and it should continue to receive the arts. again for $98.5 million. the support of Congress. Let's do what's right It helps schools bring in a wide vari- Mr. KENNEDY of Rhode Island. Mr. for the nation, and vote for the amendment to ety of arts programs. It enables our Chairman, reclaiming my time, I want restore funding to the NEA. small cities to support symphonies and to join those who have already stood in Mr. BOEHLERT. Mr. Chairman, I museums, all designed to enrich their support of the National Endowment for move to strike the last word. lives. I do not see anything wrong with the Arts. It has been spoken to in many

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H5997 instances already, but let me say, for bill, and also with the distinguished taxpayers, and Joe Six-pack would not our State of Rhode Island, this is an gentleman from Illinois (Mr. YATES). have to pay for the NEA, but it could issue of particular importance, because Though we have opposed each other on become its own endowment. we are very proud in Rhode Island that many issues, the gentleman from Illi- I would ask this House and those our former Senator, Claiborne Pell, nois (Mr. YATES) reminds me of the Members that signed and agreed, I was was amongst the champions of NEA gentleman from Kentucky, Mr. Natch- in the room, you can spin it any way when he first got here to the Congress er. that you want. I am not talking about in 1960 and, with the help of my uncle, One time when the gentleman from the Democrats, they were not part of President Kennedy, was able to fashion Wisconsin (Mr. OBEY) was on the floor this agreement, I am talking about my the National Endowment of the Arts and I was mad as a hornet, Mr. Natch- own party. early on. And what a success it has er, being from Kentucky, who was in You can spin it any way you want. I been. the majority at the time and in control was in the room, I know the agree- In my State of Rhode Island, we have of the bill and, with me, fuming right ment, I know the acknowledgment, and a program called Arts Talk that fo- there at that microphone, said ‘‘Mr. I know how it was carried out. My po- cuses on dropouts in our schools. We CUNNINGHAM,’’ he said, ‘‘I am from Ken- tential sadness is that that word would have found students in the Vo-Tech tucky and we have race horses. Quite be broken in this amendment. schools, who have no exposure to the often they come out of the block so Mr. Chairman, I ask my colleagues to arts, are able to get exposure through fast that they break their legs, and we live up to their word and vote against the programs like Arts Talk, which ex- then have to shoot them. If you will the Johnson amendment. pand the arts to people that do not or- settle down, I will help you pass your Mr. REGULA. Mr. Chairman, will the dinarily have access to the arts. amendment.’’ So I got the word of the gentleman yield? What this has done is, it has helped then-chairman, Mr. Natcher. Mr. CUNNINGHAM. I yield to the awaken their imaginations, helped But I would say that I am proud of gentleman from Ohio. them have a better self-image, because what the Republican majority has done Mr. REGULA. Mr. Chairman, I under- in many instances they learn about with the balanced budget, welfare re- stand the gentleman, but I would point their own cultural heritage expressions form, and tax relief for working fami- out, we came to the floor of the House within the arts. In addition to that, lies, and I am proud of this bill. from the committee with zero funding they may find some inherent talent in I have a potential sadness with this 3 years in a row; 1997 and 1998 and this their own being that will allow them to bill, in the fact that in 1995, on the In- year would have been zero had there express themselves through the arts, terior appropriations bill and the rule, not been an amendment in the full either by playing an instrument, act- the Republican Party was at an im- committee supported by some Repub- ing in a play or painting a picture. passe. There was a group that wanted licans. These things may sound esoteric to to increase the funding for the NEA We got to the Senate for a conference us, but I can tell you in Rhode Island and there was a group that wanted to on the bill, and the Senate made it they have had a marked impact on strike the funding for the NEA. The re- very clear that they were not bound by helping reduce juvenile delinquency in sult would have been that we would any agreement made by the House. the schools. We have actually seen stu- have lost that rule and the other side The CHAIRMAN. The time of the dents that we have paired up with this of the aisle would have taken over that gentleman from California (Mr. program have a greater attendance in rule and written it as they saw fit. CUNNINGHAM) has expired. the schools, because they feel good So then the majority leader, the gen- (On request of Mr. REGULA, and by about what they are doing. tleman from Texas (Mr. ARMEY), got unanimous consent, Mr. CUNNINGHAM Mr. Chairman, I think this is a pro- the Republicans of both groups in a was allowed to proceed for 1 additional gram that really does not just meet the room for 4 hours and we came to an minute.) eye with respect to the arts. The impli- agreement. That agreement was that Mr. CUNNINGHAM. In my humble cations of this program go well beyond we would continue to fund the National opinion, it should be struck, the point just the immediacy of having our Endowment for the Arts for a certain of order, the Johnson amendment young people exposed to the arts. period of time. should not be offered, or if it is offered, I would ask my colleagues to keep Then the problem was that they those members should stick to their this in mind when we have the point of could not use the funding within the word. The chairman of the committee order on the Obey language which will year and they would lose that amount in conference should not yield and ac- strike it and, therefore, strike the $98 of funding, so we agreed to let them cede to the Senate provision, and then million for NEA; and I would hope we keep it so they could establish a true the word would be kept. support the amendment of the gentle- endowment that would fund the NEA, Mr. REGULA. Mr. Chairman, if the woman from Connecticut (Mrs. JOHN- and we also promised to work for a tax gentleman will yield further, it is rath- SON) to restore that funding, because I break where you could give to the arts er difficult. The Senate has dug in, the think it is so critical for our future and get an additional tax break. other body, and also the President generations to build their self-esteem That was a word and that was a bond. made it very clear that a $14 billion and sense of self, which is so powerfully My view of a principles of your word is bill, which affects a lot of things in done through the arts. that if I give, say, the gentleman from your State as well as others, would be Mr. Chairman, I thank the gentleman Washington (Mr. DICKS) my word, I vetoed over this issue. So it is pretty from Ohio (Chairman REGULA) for the would fall on my sword before I would complicated. work that he has done on this bill and break that word, unless I came to the Mr. CUNNINGHAM. I understand. on two other issues related in this bill, gentleman from Washington (Mr. Mr. REGULA. We kept our part of the Blackstone Valley Heritage Quar- DICKS) and looked him in the eye and the bargain. We came with the zero. ter and the support he gave Indian said, I cannot follow that because of The CHAIRMAN. The committee will health services, which I must say was these reasons, and let him respond. rise informally. drastically underfunded, but thanks to But once an agreement had been exe- The Speaker pro tempore (Mr. the work that the chairman and the cuted, like the National Endowment BALLENGER) assumed the chair. committee members provided, we are for the Arts agreement, you cannot f going to see an increase in Indian come back on your word. health services, which is something I would ask the committee, many SENATE ENROLLED BILL SIGNED that I think we should all applaud. Members feel very strongly on both The SPEAKER announced his signa- Mr. CUNNINGHAM. Mr. Chairman, I sides of this issue. That is fine, and ture to an enrolled bill of the Senate of move to strike the last word. they have fought for that. But the the following title: Mr. Chairman, I would like to also agreement was not just to reduce the S. 318. To require automatic cancellation associate my words with the words NEA, it was not just to compel it to and notice of cancellation rights with re- about the gentleman from Ohio (Chair- follow certain rules; it was, after the spect to private mortgage insurance which is man REGULA) and this bill being a good agreement, to eliminate it from the required as a condition for entering into a

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H5998 CONGRESSIONAL RECORD — HOUSE July 21, 1998 residential mortgage transaction, to abolish There was no objection. Mr. DICKS. Mr. Chairman, we con- the Thrift Depositor Protection Oversight The CHAIRMAN. The Clerk will read. cede the point of order. Board, and for other purposes. The Clerk read as follows: The CHAIRMAN. The point of order The SPEAKER pro tempore. The NATIONAL FOUNDATION ON THE ARTS AND THE is conceded, and the Chair is prepared Committee will resume its sitting. HUMANITIES to rule. f NATIONAL ENDOWMENT FOR THE ARTS Mr. GOODLING. Mr. Chairman, I rise GRANTS AND ADMINISTRATION in support of the point of order. DEPARTMENT OF THE INTERIOR Mr. Chairman, as chairman of the For necessary expenses to carry out the AND RELATED AGENCIES APPRO- committee of jurisdiction over NEA, I PRIATIONS ACT, 1999 National Foundation on the Arts and the Hu- manities Act of 1965, as amended, $81,250,000 would like to speak on the point of The committee resumed its sitting. shall be available to the National Endow- order with respect to funding for the Mr. REGULA. Mr. Chairman, I ask ment for the Arts for the support of projects National Endowment for the Arts, and unanimous consent to move to page 88, and productions in the arts through assist- want to make a few comments to put line 8, through line 6 on page 89, for the ance to organizations and individuals pursu- NEA funding in context. purpose of making a point of order. ant to section 5(c) of the Act, and for admin- Last year the Interior appropriations The CHAIRMAN. Is there objection istering the functions of the Act, to remain bill that came to the House floor pro- to the request of the gentleman from available until expended. vided continued funding for NEA for Ohio? MATCHING GRANTS fiscal year 1998. Mr. SANDERS. Mr. Chairman, re- To carry out the provisions of section b serving the right to object, some of us 10(a)(2) of the National Foundation on the 1415 have amendments in title I. How does Arts and the Humanities Act of 1965, as The point of order was made that the gentleman’s proposal affect those amended, $16,760,000, to remain available constituted funding for a nonauthor- amendments getting heard today? until expended, to the National Endowment ized program. The point of order pre- Mr. REGULA. Mr. Chairman, will the for the Arts: Provided, That this appropria- vailed and the bill left the House with gentleman yield? tion shall be available for obligation only in zero funding for the NEA, and then the Mr. SANDERS. I yield to the gen- such amounts as may be equal to the total amounts of gifts, bequests, and devises of master of all arts came into play, Hou- tleman from Ohio. money, and other property accepted by the dini. When we found this bill again, we Mr. REGULA. Mr. Chairman, it chairman or by grantees of the Endowment discovered that there was an appropria- would in no way affect the other under the provisions of section 10(a)(2), sub- tion, even though it was not author- amendments. We are doing this at the sections 11(a)(2)(A) and 11(a)(3)(A) during the ized. request of the gentleman from Illinois current and preceding fiscal years for which This year we find ourselves in much (Mr. YATES), who would like to deal equal amounts have not previously been ap- the same position. The appropriations with the issue of NEA, is my under- propriated. bill has been reported to the House standing. POINT OF ORDER with $98 million for the NEA, yet the Mr. YATES. Mr. Chairman, will the Mr. ADERHOLT. Mr. Chairman, I NEA has not been authorized since gentleman yield? rise to a point of order. 1993. For the past few years it has been Mr. SANDERS. I yield to the gen- The CHAIRMAN. The gentleman will continuing on a year-by-year basis tleman from Illinois. state his point of order. only by virtue of the appropriations Mr. YATES. Mr. Chairman, it is not Mr. ADERHOLT. Mr. Chairman, the process. A point of order has been made my request. It was my understanding two paragraphs beginning on page 88, that the $98 million should be struck that the request was, would I agree to line 10, and all that follows through on the grounds it constitutes funding it? If the gentleman wants to continue page 89, line 6, include unauthorized of a nonauthorized program. Some of at another stage of the bill, it is all appropriations in violation of clause 2 my colleagues may ask, well, what has right with me, but to place this in my of House Rule XXI. the authorizing committee been doing? pocket is the wrong approach. I would The language I have just specified is Let me explain. just as soon hear it or just as soon an appropriation of $98 million for the Back in 1995 the committee reported postpone it. necessary expenses for the National an NEA authorization bill. It would Mr. REGULA. If the gentleman will Endowment of the Arts. Authorization have permitted the NEA to exist for 3 yield further, let us move on and dis- in law for the National Endowment for more years, phasing it out over that pose of this issue. Most of the speeches the Arts expired in fiscal year 1993. same 3-year period, giving plenty of thus far have been on that issue, so I Clause 2 of House Rule XXI states ‘‘No time for the private sector, local think it is important that we deal with appropriation shall be reported in a States and municipalities to take over it expeditiously. It will not affect in general appropriations bill for any ex- the program. In fact, the NEA would any way the gentleman’s ability to penditure not previously authorized by have ceased to exist as of October 1 of offer amendments. law.’’ this year had that bill become law. Mr. SANDERS. Mr. Chairman, re- Since the National Endowment of the However, there was no floor action claiming my time, is the gentleman Arts is clearly not authorized in law taken on it. saying he wanted to go to the NEA and and the bill includes an appropriation POINT OF ORDER for how long a period? of funds in this agency, I make a point Mr. REGULA. Mr. Chairman, 30 min- Mr. YATES. Mr. Chairman, I rise to a of order that the language is in obvious point of order. utes has been allowed in the rule. violation of clause 2 of Rule XXI. Mr. SANDERS. Then we will come The CHAIRMAN. The gentleman will The CHAIRMAN. Does any member back to the beginning of the bill? state it. wish to be heard on the gentleman’s Mr. REGULA. Yes. Mr. YATES. Mr. Chairman, the gen- Mr. SANDERS. Mr. Chairman, I point of order? tleman is not addressing the question withdraw my reservation of objection. Mr. OBEY. Mr. Chairman, as the au- of the current legislation and I think The CHAIRMAN. Is there objection thor of the language which is proposed his attention should be directed to that to the request of the gentleman from to be stricken under the point of order, fact. I think if he wants to state the Ohio? I would simply ask, is this the point of history of the appropriations, the point Mr. DICKS. Mr. Chairman, reserving order that would allow the House to of order should be disposed of and the the right to object, we will go right put back by recorded vote exactly what gentleman permitted to strike the last back to the start of the bill after we will be stricken 5 minutes earlier so word or participate in the debate. finish this? that one party can claim victory over The CHAIRMAN. The gentleman is Mr. REGULA. Mr. Chairman, if the another, or is this a serious legislative correct, and the Chair would ask the gentleman will yield, that is correct. approach? gentleman from Pennsylvania (Mr. Mr. DICKS. Mr. Chairman, I with- The CHAIRMAN. The Chair would GOODLING) to confine his remarks to draw my reservation of objection. ask that the gentleman confine his re- the point of order made by the gen- The CHAIRMAN. Is there objection marks to the point of order. tleman from Alabama. to the request of the gentleman from Does anyone wish to be heard on the Mr. GOODLING. Mr. Chairman, I Ohio? point of order? move to strike the last word.

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The CHAIRMAN. The Chair is enter- Connecticut (Mrs. JOHNSON) and a Contrary to popular belief, the Na- taining debate on the point of order Member opposed each will control 15 tional Endowment for the Arts is not made by the gentleman from Alabama minutes. the sole recipient of Federal funding (Mr. ADERHOLT). The Chair recognizes the gentle- for the arts. There are an estimated 200 Mr. GOODLING. Mr. Chairman, I was woman from Connecticut (Mrs. JOHN- arts and humanities programs or ac- merely pointing out that there is a lot SON). tivities funded by and administered of history in relationship to what we Mrs. JOHNSON of Connecticut. Mr. through various departments and agen- are discussing today in relation to the Chairman, I yield myself 2 minutes. cies of the Federal Government, but point of order, so that someone does I am proud to offer my amendment to are not getting one dime of NEA fund- not fault the committee because we restore $98 million in level funding for ing. These programs are programs such have not taken action, because we have the NEA. I would have been equally as the Commission of Fine Arts, the taken action. proud to have risen to oppose a motion Holocaust Memorial Council, JFK Cen- So I would suggest that it is defi- to strike NEA funding as adopted in ter for the Performing Arts, the Na- nitely out of order to move ahead with the committee bill, and I salute my tional Gallery of Art, the Smithsonian, legislation that has not been author- colleague, the gentleman from Illinois and many others. ized by the authorizing committee, and (Mr. YATES), for his successful commit- The Federal Government also pro- I would hope that we would sustain the tee amendment, yet another sign of the vides support for the arts through tax point of order. breadth of support there is for the expenditures, such as the deduction for The CHAIRMAN. Does any other NEA. charitable contribution to the arts, hu- Member wish to be heard on the point I also salute the gentleman from Illi- manities, culture, on income, gift and of order? nois (Mr. YATES) for his long and con- estate taxes. Zeroing out funding for The gentleman from Alabama (Mr. sistent leadership in support of the arts the NEA will not end Federal funding and for his deep dedication to respon- ADERHOLT) makes a single point of for the arts. It simply ends a program order that the two paragraphs appro- sible stewardship of our Nation’s re- which has misused taxpayer dollars sources. In this House we often refer to priating funds for the National Endow- with some of the sickening attempts to each other as the gentleman from a ment for the Arts violate clause 2(a) of subsidize blasphemous, offensive and certain State or the gentlewoman from rule XXI by providing for an unauthor- pornographic depictions. a certain State. Indeed, the gentleman ized appropriation. In addition, I might point out that from Illinois (Mr. YATES) has been a As stated by the Chair on July 11, the NEA administrative overhead and gentleman; not only a gentleman, but a 1997, the authorization for the National bureaucrats earn about twice as much wise gentleman and a leader, and I Endowment of the Arts lapsed in 1993. as the artists they seek to subsidize, thank the gentleman for his fine serv- The National Endowment of the Arts and much of their subsidy goes to just ice over so many years. a few large cities in our country. I do has not been reauthorized since the Mr. Chairman, I ask my colleagues to not know if this is what is called fleec- ruling of the Chair last year. Accord- support my amendment. The reforms ing of America, but it is objectionable, ingly, the point of order is sustained adopted last year directly addressed and I urge the defeat of this amend- and the two paragraphs are stricken the causes of past problems, as the gen- ment. from the bill. tleman from Ohio (Mr. REGULA) will Mrs. JOHNSON of Connecticut. Mr. AMENDMENT OFFERED BY MRS. JOHNSON OF make clear in a few minutes. Perhaps Chairman, I yield 2 minutes to the gen- CONNECTICUT these reforms address the concerns. I tleman from Ohio (Mr. REGULA). Mrs. JOHNSON of Connecticut. Mr. asked those 150 Republicans who sup- Mr. REGULA. Mr. Chairman, I just Chairman, I offer an amendment made ported the Republican amendment last want to make it clear the reforms that in order by the rule. year, which supported a Federal role have been instituted in the past couple The CHAIRMAN. The Clerk will des- for the arts to support my amendment of years. They are listed here, and in ignate the amendment. this year. I have been a lifelong sup- addition, there are some others. First The text of the amendment is as fol- porter of the arts, because truly man of all, we now have six Members of our lows: does not live by bread alone. The arts Congress, three House, three Senate, Amendment offered by Mrs. JOHNSON of are a medium through which we pub- that serve on the Arts Council: The Connecticut: licly discuss profound and great mat- gentleman from California (Mr. DOO- Page 88, after line 9, insert the following: ters of life and death, love and duty, LITTLE), the gentleman from North NATIONAL ENDOWMENT FOR THE ARTS freedom and bondage, man’s relation- Carolina (Mr. BALLENGER), and the gen- GRANTS AND ADMINISTRATION ship to God and nature. NEA dollars tlewoman from New York (Mrs. LOWEY) For necessary expenses to carry out the help new plays to be written, new sym- from the House; Mr. SESSIONS, Mrs. National Foundation on the Arts and the Hu- phonies to be conceived, performing COLLINS and Mr. DURBIN from the Sen- manities Act of 1965, as amended, $81,240,000 arts groups to develop and thrive, and ate. shall be available to the National Endow- the performing arts to reach our most We put a 15 percent cap on funds that ment for the Arts for the support of projects any one State may receive in order to and productions in the arts through assist- rural communities and our most iso- ance to organizations and individuals pursu- lated neighborhoods. ensure a more equitable distribution. ant to section 5(c) of the Act, and for admin- Mr. Chairman, I reserve the balance We also added a requirement that 40 istering the functions of the Act, to remain of my time. percent of the funds must go for State available until expended. Mr. LARGENT. Mr. Chairman, I rise grants and set-aside programs. We put MATCHING GRANTS in opposition to the amendment. in a requirement that there would be a To carry out the provisions of section The CHAIRMAN. The gentleman reduction of administrative funds, and 10(a)(2) of the National Foundation on the from Oklahoma (Mr. LARGENT) is rec- we provided authority for the NEA to Arts and the Humanities Act of 1965, as ognized for 15 minutes. solicit and invest private funds. The amended, $16,760,000, to remain available Mr. LARGENT. Mr. Chairman, I yield gentleman from California (Mr. until expended, to the National Endowment 2 minutes to the gentleman from Penn- CUNNINGHAM) mentioned earlier one of for the Arts: Provided. That this appropria- sylvania (Mr. PITTS). the agreements. We have implemented tion shall be available for obligation only in Mr. PITTS. Mr. Chairman, I rise in that agreement. The gentleman from such amounts as may be equal to the total opposition to the JOHNSON amendment amounts of gifts, bequests, and devises of Pennsylvania (Mr. PITTS) mentioned money, and other property accepted by the to the Interior Appropriations. about one city getting too much and chairman or by grantees of the Endowment As my colleagues know, this amend- we put restrictions on this, to broaden under the provisions of section 10(a)(2), sub- ment would restore funding to the Na- it all across America. sections 11(a)(2)(A) and 11(a)(3)(A) during the tional Endowment for the Arts, an or- In response to the gentleman from current and preceding fiscal years for which ganization which has wasted U.S. tax- Pennsylvania (Mr. GOODLING), in this equal amounts have not previously been ap- payer dollars on art which has often year’s bill there is the establishment of propriated. been objectionable to Americans. By a priority for grants for education for The CHAIRMAN. Pursuant to House ending funding to the NEA, we are not underserved populations and commu- Resolution 504, the gentlewoman from ending Federal funding for the arts. nity music, and I mentioned earlier

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6000 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Jessup, Iowa had a group out there. Mr. Chairman, I believe that the Fed- ceive. They, therefore, have to be selec- They paid half for this, this small com- eral Government should get out of the tive. munity, the NEA paid half, and they arts business entirely, so I urge my col- The second statement of the gen- had a string quartet that spent 6 leagues to vote for fiscal responsibility tleman was that the Federal Govern- months with students in Jessup. and against government censorship. ment should not be in this business. In 1996 Congress eliminated grants to Mrs. JOHNSON of Connecticut. Mr. Well, the general welfare is the govern- individuals, seasonal support and sub- Chairman, I yield 5 minutes to the gen- ment’s business. I remember state- granting so that we would not have a tleman from Illinois (Mr. YATES). ments like the gentleman’s being made repetition of what happened in Min- Mr. YATES. Mr. Chairman, I yield before 1957 in connection with Federal neapolis. These reforms have had a myself 1 minute if I may do that, and aid for education. The Republicans strong impact on the organization and reserve the balance of my time. were opposed to Federal aid for edu- the kind of grants it supports. In addi- The CHAIRMAN. The gentleman may cation and they prevented that pro- tion, Senator HELMS put obscenity re- not reserve time; the time is controlled gram from being enacted by the Con- strictions in the NEA legislation in by the gentlewoman from Connecticut. gress. 1990, and just recently the United Mr. YATES. Mr. Chairman, I thought Then in 1957 the Russians launched States Supreme Court upheld these re- she just yielded me 5 minutes. Sputnik and General Eisenhower, who strictions in the Finley case as being Mrs. JOHNSON of Connecticut. Mr. was President at the time, President constitutional. Chairman, if I may, I would say to the Eisenhower, sent a request to the Con- So I just want to be sure that we are gentleman I do have a lot of requests gress for Federal aid for education in recognizing the enormous changes that for time. I thought the gentleman mathematics and in science. The Con- have been made in the NEA. wanted 5 minutes to speak. gress quickly passed that. But no men- Mr. LARGENT. Mr. Chairman, I yield Mr. YATES. Mr. Chairman, I do, but tion was made for education in the ci- 2 minutes to the gentleman from Texas I just wanted to yield myself 1 minute vilian sense. That took a later date. (Mr. DELAY), the majority whip. of the 5 minutes because I had requests Now, we do not have the Federal Mr. DeLAY. Mr. Chairman, I wanted for time from other people, and that is Government making grants for the to leave that chart, because I think it why I asked whether I may do that as purpose of studying the languages, his- is very important. I appreciate the a parliamentary inquiry. tory, philosophy, ethics, religion, legis- chairman of the subcommittee showing The CHAIRMAN. From the gentle- lature or the arts, as such, other than us all the good reforms, and they are woman from Connecticut, the gen- through the NEA. We do have the Na- good reforms. The problem is, even tleman had been yielded 5 minutes. To tional Science Foundation. The Na- with all of these reforms, we still have yield the gentleman control of that tional Science Foundation does an ex- a bad NEA in place. That is the prob- time, so that he may control the dis- cellent job for mathematics and for the lem, and that is why I rise in opposi- pensation of time, would require a sciences. tion to this amendment to add funding unanimous-consent srequest. But insofar as the political sciences back for the National Endowment for Mr. YATES. Mr. Chairman, she has are concerned, the National Science the Arts. yielded me 5 minutes. Foundation does not engage in that. In I am not under any illusions about The CHAIRMAN. That is correct. other words, the National Science this amendment. We are going to have Mr. YATES. Will I be able to yield Foundation does not contribute to the a tough time defeating it. But I think time to other people? disciplines that will educate our chil- there are very important principles at The CHAIRMAN. Not absent a unani- dren in the ways of peace. Only the stake here, principles that supporters mous consent request. arts and humanities represent the Fed- of the NEA simply gloss over. Fiscal Mr. YATES. Mr. Chairman, I would eral Government in making those responsibility of course is one prin- have to ask unanimous consent in kinds of grants and in teaching in that ciple. Is it fiscally responsible to give order to yield that time to others? respect. taxpayers’ dollars to some artists who The CHAIRMAN. To be able to con- Does the committee believe that edu- produce art that offends many of the trol the 5 minutes and its distribution cation in science and math is enough? taxpayers? Time and time again, even (as by reserving time or being seated), I do not think so. I think that the en- with all of the reforms, NEA money that is correct. dowments have done a remarkably fine trickles out to so-called artists who go Mr. YATES. I do not understand job over the years and I am constrained out of their way to offend the sensibili- that. to support the amendment offered by ties of working Americans. Is this a fis- Mrs. JOHNSON of Connecticut. Mr. the gentlewoman from Connecticut cally responsible use of taxpayers dol- Chairman, I would say to the gen- (Mrs. JOHNSON) to restore the funding lars? I do not think so. tleman, I certainly would be happy to for the arts. Another principle is censorship, and I have him yield time on his side; I also Mr. OBEY. Mr. Chairman, will the contend that the NEA censors artists have them on my list. gentleman yield? by doling out money only to those art- Mr. YATES. Mr. Chairman, I will Mr. YATES. I yield to the gentleman ists that know how to work the sys- take the 5 minutes now. I thank the from Wisconsin. tem. The NEA picks winners and los- gentlewoman very much for that op- Mr. OBEY. Mr. Chairman, let me ers, just by the very virtue of being a portunity, and I thank the chair for simply say that this amendment sim- government agency. It thereby censors what I believe was a misapprehension ply restores funding to the NEA that those who do not meet their particular of my rights under the rules. my amendment originally placed in the tests. bill last week, funding that was just b 1430 Artists need to have the freedom to stricken by the Republican point of produce their art and they should do so The gentleman from Texas (Mr. order. in a free market setting. By allowing DELAY) who preceded me, the minority Of course this amendment should be the continued government interference whip, in connection the speech he made supported, even if the procedure being in the arts, we risk compromising the is just wrong, wrong, wrong. The gov- used is Mickey Mouse. If we have to artistic freedom of this country. ernment does not actually control the support a Mickey Mouse procedure in The Federal Government has no busi- giving of the grants. That is in the order to provide funding for the arts, ness in an agency like this. The Fed- hands of panels, of civilians who are ex- then that is what we will have to do. eral Government is producing art, cul- pert in the field. They are the ones who Mr. LARGENT. Mr. Chairman, I yield ture through the Smithsonian, through make the original selections. 1 minute to the gentleman from Illi- the museums, through our art galleries It is true that there has to be a cen- nois (Mr. CRANE). and things like that. Those are legiti- sorship because there just is not (Mr. CRANE asked and was given mate concerns. But this is the National enough money made available under permission to revise and extend his re- Endowment for the Arts that, in my the appropriations for the National En- marks.) opinion, does nothing to promote artis- dowment of the Arts to provide grants Mr. CRANE. Mr. Chairman, first I tic freedom. for as many applications as they re- thank the gentleman from Oklahoma

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(Mr. LARGENT) for yielding me this restoring full funding to the arts, and I The motion was put up before the time. commend my friend, the gentleman members and it was defeated over- Mr. Chairman, this is a little repeti- from Illinois (Mr. YATES), for his sup- whelmingly. tious. We have been through this so port of this endeavor. From that point on through the many times. But I want to take advan- I am pleased to rise today in support of the years of 1960, Americans enjoyed a vi- tage of an opportunity to pay tribute Johnson amendment, restoring full funding to brant and successful art community. to a very distinguished colleague who the National Endowment for the Arts in the Successful not because of the govern- was first elected to Congress when I amount of $98 million. ment, but without the government. Is graduated from high school. That is I strongly support full funding for the Na- the gentleman from Illinois repudiat- the gentleman from Illinois (Mr. tional Endowment for the Arts. Over the past ing all of that history? YATES). 30 years our quality of life has been improved Suddenly, almost 200 years later in The gentleman is a dear friend. He by the NEA. Support for the arts proves our 1965, Congress started talking about has been a devoted and committed dedication to freedom of expression, one of supporting the arts through Federal Member of this body. We sometimes the fundamental beliefs our great country is funding. But do my colleagues know have our disagreements on all kinds of built on. Full funding for the National Endow- which President said he was against issues, but I respect him profoundly ment for the Arts will not detract from the qual- funding for the arts? President Ken- and I wish him all the best. ity of life in our Nation as a whole. nedy, who stated, ‘‘I do not believe Let me add that I am totally opposed The NEA is a dynamic investment in the Federal funds should support sym- to this amendment. At the Constitu- economic growth of our Nation's communities. phony orchestras or opera companies.’’ tional Convention, the whole question Arts are extremely important to the constitu- NEA has gotten very political. Ev- came up of funding the arts and it was ents of my district, and by supporting them, I erybody who is going to support the overwhelmingly rejected on the know that I am ensuring that our rich, diverse NEA would have to agree it has gotten grounds that that is not an appropriate American culture will continue to be memorial- very political, and the Federal Govern- function of the national government. ized and celebrated. In addition to the cultural ment has been the primary endorser of In 1965 we got into ‘‘guns and but- benefit they provide, arts organizations make very controversial pieces of art. This ter.’’ We got into funding everything. a direct economic impact on the community, art has been antithetical to our tradi- The national government swelled enor- providing jobs and often fueling a vital flow of tions and to our mores. mously, penetrating virtually every as- patrons to restaurants and shops. One of the great publishers of maga- pect of our lives. This is not a time to The NEA brings the arts to our young peo- zines and newspapers and a candidate revive it; this is a time for downsizing, ple. Each year, the arts endowment opens the for President, H.L. Mencken, said it getting the national government out of door to the arts to millions of school children, best in this quotation: our lives and getting folks back home including ``at-risk'' youth. An education through After 20 years, more involved in participating in fund- the arts improves overall student learning, and he said, ing such things as the arts and human- instills self-esteem and discipline. The arts of active magazine publishing and newspaper ities. also help prepare America's future work force publishing, I cannot recall a single writer Mrs. JOHNSON of Connecticut. Mr. by helping students develop reasoning and who really needs government assistance. Chairman, I yield 1 minute to the gen- problem-solving skills, and enhancing commu- That is, not one of any talent whatsoever. A tleman from New York (Mr. GILMAN). nication abilityÐall important career skills for great many pretenders, of course, are doing (Mr. GILMAN asked and was given the 21st century. badly. But I cannot see that it would be of permission to revise and extend his re- The NEA has worked diligently for the past any public benefit to encourage them in marks.) 8 years to create a more accountable and effi- their bad work. Mr. GILMAN. Mr. Chairman, I thank cient system. In 1994 the NEA constricted the Mr. Chairman, the bottom line is the the gentlewoman from Connecticut grantmaking process by eliminating subgrants NEA has often not provided art that we (Mrs. JOHNSON) for yielding me this to third party artists and organizations. The fol- can be proud of. It has been in large time. lowing year, the NEA eliminated seasonal op- part social experiment for the elite. Mr. Chairman, I am pleased to rise in erating support grants, and in the fiscal year Some of the art produced was antithet- support of the Johnson amendment re- 1996 and 1997 appropriations bills, Congress ical to our values. I do not support the storing full funding to the National En- banned nearly all grants to individual artists. Johnson amendment. Let’s remember dowment for the Arts in the amount of Furthermore, the recent decision by the Su- our history for almost 200 years when $98 million. preme Court to uphold the decency standard the government did not provide federal I strongly support full funding for passed by Congress in 1990 is a victory for funding for the arts. the National Endowment for the Arts. both the National Endowment for the Arts and Mrs. JOHNSON of Connecticut. Mr. Over the past 30 years our quality of for the Congress. This decision is a significant Chairman, I yield 1 minute to the gen- life has been improved by the NEA. step to protecting the caliber of art funded by tlewoman from New Jersey (Mrs. ROU- Support for the arts proves our dedica- the NEA. KEMA). tion to freedom of expression, one of The arts foster a common appreciation of (Mrs. ROUKEMA asked and was the fundamental beliefs that our Na- history and culture that are essential to our given permission to revise and extend tion has been built upon. humanity. Accordingly, I urge my colleagues to her remarks.) Full funding for the National Endow- do the right thing by restoring full funding for Mrs. ROUKEMA. Mr. Chairman, I ment for the Arts will not detract from the arts by supporting the Johnson amend- must say I find it most unfortunate the quality of life in our Nation as a ment. that we are still here listening to con- whole. The NEA is a dynamic invest- Mr. LARGENT. Mr. Chairman, I yield tinuing political attacks on the NEA. I ment in the economic growth of our 2 minutes to the gentleman from Flor- strongly support, and I think it goes Nation’s communities. Arts are ex- ida (Mr. STEARNS). without saying, the contributions the tremely important to the constituents (Mr. STEARNS asked and was given NEA has made to cultural standards in of our districts, and by supporting permission to revise and extend his re- this country. them I know that I am ensuring that marks.) But I want to say now, as one who our rich, diverse American culture will Mr. STEARNS. Mr. Chairman, I will served as the Republican leader on the continue to be memorialized and cele- try and do two quotes here to perhaps subcommittee that wrote the reforms brated. change the mind of the gentleman from in the early 1990s to deal with those In addition, the cultural benefit they Illinois (Mr. YATES) and others on this questions of standards of decency and provide, arts organizations make a di- subject. to protect against the controversial rect economic impact on our commu- Let us go back to the year 1787. Dur- sexual and religious themes and, in- nities, providing jobs, often fueling a ing the Constitutional Convention, deed, blasphemous themes, I want to vital flow of patrons to restaurants and Charles Pinckney of South Carolina of- say that as the Republican leader who shops. fered a motion to authorize the govern- wrote the reforms we put in protec- Accordingly, I urge my colleagues to ment to spend money on the promotion tions and reforms in that legislation so fully support the Johnson amendment of literature and the arts and sciences. that we would not be violating the

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I now think we should whether or not abuses are continuing When we go down this chart of NEA give the NEA a chance to work under in the so-called Corpus Christi project, reforms, the gentleman from Florida new guidelines and mandates of law I can tell my colleagues categorically and the gentleman from Illinois, the that now govern the agency and that that no NEA funding was used under CLIFF STEARNS and the PHIL CRANE of we should level-fund it. that, and let us not use this as a stalk- the world who have been fighting this b 1445 ing horse or as a diversion. Let us sup- fight for dozens of years, and other peo- In recent weeks I have heard reports port the Johnson amendment. ple in this conference, trying to high- that NEA funded a theater called light the abuses of this program, I Mr. Chairman. I rise to urge this House to Project Corpus Christi, a play portray- vote to support the NEA and vote for this think here are some dividends that ing Jesus as having sex with his apos- amendment. I find it most unfortunate, and have been paid. tles. I am glad to report the NEA did can not explain the irrational political attacks There is a $400,000 grant in Kansas in not fund this project. The Manhattan on the NEA. These attacks are bred of igno- March of 1997, a review of that art Theater Club, the theater involved in rance or willful, crass, and disingenuous politi- project. It was called ‘‘Santa’s Work- this controversy, did receive funds cal abuse. shop’’ and it had Santa Claus mas- from the NEA but for a separate and Since its formation over thirty years ago, turbating. So this fairly recent phe- noncontroversial play. 2nd National Endowment of the Arts has pro- nomenon here of 1997, of where we do I think we should support, level fund vided the public side of a very valuable public- not quite have it right. this endowment. private partnership to foster the arts. The peo- But the people who have the courage Mr. LARGENT. Mr. Chairman, I yield ple in this room represent the private side of to come up here and say that this is 2 minutes to the gentleman from Ala- that partnership. For urban, suburban, and not a proper thing to spend taxpayer bama (Mr. ADERHOLT). rural areas alike. money on, and have highlighted the Mr. ADERHOLT. Mr. Chairman, Nevertheless, there were abuses in recent abuse and the way the NEA is run, when we are on a tight budget, we have years that became public in the early 1990's. should be proud that we have made to make choices. We cannot buy expen- There were blasphemous and irreverent pro- progress. sive tickets to the theater or even go ductions that clearly violated community stand- The subcommittee chairman should to the movies if we can barely afford to ards. be proud of what he has been able to buy our food and pay our rent. ``CORPUS CHRISTI'' do, because that $400,000 grant to At a time when we are talking about Now, all of us have been hearing from con- produce art showing Santa masturbat- a debt in this Nation of $5.5 trillion, stituents about a play ``Corpus Christi,'' which ing is more money than the entire arts when we are talking about balancing many people mistakenly believe was sup- agencies in Arkansas, Delaware, Idaho, the budget, it is difficult to explain to ported by the NEA. I want you to know that North Dakota, Wyoming, the District the American people why we need to NEA funding did not support this play! of Columbia, Puerto Rico and all the spend $98 million for such a program as Should this event prove to show that the re- U.S. territories received combined. we are talking about here today. We all support the arts, but it does forms we instituted have to be strengthened, Whether we consider that program not seem fair to make the hardworking then I can assure all our members that I will art or not, whether we consider it the people of this country pay for exhibits lead that effort and close any loopholes in cur- proper role of the Federal Government, this has been a poorly run Federal that are only art by name, because in rent law. many cases they are pornographic, In 1990, I served as Republican leader of agency where 25 cents of every dollar they are profane, and would be viewed the subcommittee that re-wrote NEA regula- goes into administration and most con- gressional districts receive little, if with disgust by the majority of the tions to establish new decency standards and people who see it. any, support from it. outlawed NEA support for projects with con- When we are trying to balance the It is an elitist organization, out of troversial sexual and religious themes, and budget, as I mentioned, when we are touch with the American people in those which violated community standards of trying to reduce the size and the scope terms of business management, out of decency. of the Federal Government, can anyone In the past month, the U.S. Supreme Court touch with the American public in honestly place arts on the same level upheld these standards, saying the federal terms of what art is. We are making as, say, providing for our national de- government CAN consider general standards small progress, and that is something fense and improving our Nation’s infra- of decency and the ``values of the American to be thankful for. But we can set our structure, improving or saving Medi- public'' in deciding which projects should re- watches by this debate, because it will care and Social Security? ceive cash grants. happen again next year, and one year The National Endowment for the The N.E.A. has provided the critical support we will take this pot of money and give Arts has proven time and time again which allowed production of such American it to the communities to let them come that they cannot be trusted as good classics as the original ``Driving Miss Daisy,'' up with programs better than we can stewards of the people’s money. This is ``The Great White Hope,'' and a ``Chorus do here. That day is coming. a travesty and a slap in the face of Line.'' The N.E.A. has brought us the tele- Mrs. JOHNSON of Connecticut. Mr. those people who call themselves vision programs ``Live from the Lincoln Cen- Chairman, I yield 1 minute to the gen- Christians and who believe in the ter'' and ``American Playhouse.'' tleman from North Carolina (Mr. Christian faith and the religious values All told * * * over 11,000 artists have re- BALLENGER). that have made this Nation great. I ceived fellowships from the Endowment. (Mr. BALLENGER asked and was think we must show the American peo- They've won dozens upon dozens of Pulitzer given permission to revise and extend ple that we are serious about changing Prizes, Macarthur Awards, and National Book his remarks.) the way Washington spends their Club Awards. Mr. BALLENGER. Mr. Chairman, I money, and I think we should elimi- Let's continue to support this worthwhile or- rise in support of the Johnson amend- nate the National Endowment for the ganization. Vote for this amendment. Support ment. As a congressional appointee by Arts. the Arts. the Speaker to the National Council of I urge my colleagues to vote against Mr. LARGENT. Mr. Chairman, I yield the Arts, I have been monitoring the the Johnson amendment. 2 minutes to the gentleman from South NEA and found that significant and Mrs. JOHNSON of Connecticut. Mr. Carolina (Mr. GRAHAM). positive changes have been made by Chairman, I yield 1 minute to the gen- Mr. GRAHAM. Mr. Chairman, I thank this agency and Congress to ensure tlewoman from New York (Ms. SLAUGH- the gentleman from Oklahoma (Mr. that taxpayers’ funds are spent wisely TER). LARGENT) for yielding me this time. and not on obscene and offensive art. (Ms. SLAUGHTER asked and was Mr. Chairman, I want to bring back a Like many others, before the NEA given permission to revise and extend chart that we looked at just a few min- undertook these changes, some of her remarks.)

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6003 Ms. SLAUGHTER. Mr. Chairman, I Mrs. MALONEY of New York. Mr. AmericansÐwhich is what this debate is all thank the gentlewoman for yielding me Chairman, I thank the gentlewoman about. this time. for yielding and I rise in support of Now we all know that NEA opponents de- As cochair of the Congressional Mem- Federal funding for the arts and fund- light in telling tabloid-like stories about objec- bers Organization on the Arts, I rep- ing for the NEA. tionable projects funded by the NEA. But let's resent over 140 Members of this House, Mr. Chairman, I find it appalling that we are be clear on the facts. Out of more than bipartisan Members, who are dedicated even debating whether to cut the funding of 112,000 NEA-funded grants over the past 32 to the survival of the NEA because we the National Endowment of the Arts today. years, only 45 were controversial. That's less know that one of the greatest benefits We spend more on the Marine Corp Band than four one-hundredths of one percent of all is that it touches a broad spectrum of than we do on the NEA. In fact, we give less grants. Most importantly, reforms instituted by the population, both rural and urban, to the arts than any other western country. Congress and internally by the NEA have re- young and old, rich and poor, and ev- Even during the Middle Ages the arts were structured the grant process so that the mis- eryone in between. something to be protected and preserved and takes of the past will not be repeated. The arts are an important part of our their importance was understood. We didn't abolish the Department of De- economy, recognized by the Conference They were not mistaken. The arts are good fense because of $500 toilet seats and we of Mayors of the United States, which for the public, and study after study shows didn't abolish the Navy because of the has given us its strongest support and that children who are exposed to the arts do Tailhook scandal. We certainly shouldn't abol- said that NEA must survive because of better in school and have higher self-esteem. ish the NEA because of a few projects years the economic benefits it means to The money from the National Endowment ago were controversial. It's simply absurd. One of the standards by which we judge a every city in the United States. for the Arts touches the lives of millions of civilized society is the support it provides for When we spend $98 million on the Americans. the arts. In comparison to other industrialized NEA, we provide the first link in a deli- At the Metropolitan Museum of Art, thou- nations, the United States falls woefully behind cate system that supports 1.3 million sands of people flood in and out of their doors in this areaÐeven with a fully-funded NEA. In full time jobs in all the 50 States, pro- each day. a nation of such wealth and cultural diversity, The American Ballet Company travels viding $3.4 million back to the Federal it is a tragic commentary on our priorities that treasury in income taxes. I know of no around the country bringing the grace of ballet year after year we must engage in a pro- other investment we make as Members to every area of our country. tracted debate about an agency that spends of Congress that brings back to the Before the NEA was created in 1965, there less than 40 cents per American each yearÐ treasury such an incredible return. were only 58 orchestras in the country; today and in return benefits students, artists, teach- But it is more than that. Test after there are more than 1,000. ers, musicians, orchestras, theaters, and test has shown that each child exposed Before the NEA, there were 37 professional dance companies and their audiences across to the arts is a better student. dance companies in America; now there are the country. Mr. LARGENT. Mr. Chairman, I yield 300. But let's be honestÐthis isn't a fight over 1 minute to the gentleman from Ken- Before the NEA, only one million people at- money. The Republican leadership wants to tucky (Mr. LEWIS). tended the theater each year; today over 55 eliminate the NEA because they are afraid of Mr. LEWIS of Kentucky. Mr. Chair- million attend annually. artistic expression in a free society. This battle man, I rise today in opposition to the Mr. Chairman, the benefits of the arts and isn't about defending the values of mainstream Johnson amendment. There is no ques- the NEA are evident, and I urge my col- AmericaÐthis is about the GOP pandering to tion that art serves many purposes. It leagues to join me in supporting full funding Pat Robertson and the Religious Right. communicates powerful emotions that for the National Endowment for the Arts. Polls overwhelmingly show that the Amer- are often difficult to express in other Mrs. JOHNSON of Connecticut. Mr. ican public supports federal funding for the ways. Chairman, I yield such time as she may arts. And if those reasons are not compelling Yet art is best judged in the context consume to the gentlewoman from New enough for some, let's just talk dollars and of individual creativity and independ- York (Mrs. LOWEY). cents. For every $1 the NEA spends, it gen- ent thought, not through a Federal bu- (Mrs. LOWEY asked and was given erates more than 11 times that in private do- reaucracy. And freedom of artistic permission to revise and extend her re- nations and economic activity. That is a huge thought is very important to our soci- marks.) economic return on the government's invest- ety. We do not need a Federal agency Mrs. LOWEY. Mr. Chairman, as one ment. And you certainly don't need to be from determining which art is worthy of of the members of the Council on the New York to see the impact of the arts on a government funding and which is not. Arts, I rise in strong support of the region's economy. Citizens and private groups should de- Johnson amendment and want to asso- The Republican assault on the artsÐon cul- cide what they think is quality art and ciate myself with the remarks of my tural expression itselfÐis an outrageÐand it spend their money to fund it accord- colleague, the gentleman from North must be defeated. ingly. When the NEA gives grants to Carolina (Mr. BALLENGER). Mrs. JOHNSON of Connecticut. Mr. art projects, taxpayers are put in the Mr. Chairman, I rise in very strong support Chairman, who has the right to close? The CHAIRMAN. The gentlewoman position of supporting art they may of the NEA, and I do so not only as a pro- from Connecticut, as the proponent of find objectionable. ponent of federal support for the arts, but also the amendment, has the right to close. A recent congressional oversight as one who has seen first-hand the inner Mrs. JOHNSON of Connecticut. And study found private giving to the arts workings of the NEA. how much time do I have remaining, is at an all-time high. In fact, private Along with Mr. BALLENGER and Mr. DOO- Mr. Chairman? individuals outspent the NEA 100-to-1. LITTLE, I have the privilege of serving as one The CHAIRMAN. The gentlewoman When it comes to supporting the arts, of six Congressional members on the National from Connecticut (Mrs. JOHNSON) has 3 the private sector is where it is at. Council on the Arts, which basically serves as minutes remaining, and the gentleman Local and State governments do like- the Board of Directors for the NEA. Among the from Oklahoma (Mr. LARGENT) has 31⁄4 wise. Art thrives not on government distinguished members of the National Council minutes remaining. handouts but on thousands of individ- are Father Leo O'Donovan, the president of Mrs. JOHNSON of Connecticut. Mr. ual acts of creativity. Georgetown University; and Wallace McRae, a Chairman, I yield 1 minute to the gen- The NEA is no longer needed to fund third generation livestock rancher from Mon- tleman from Connecticut (Mr. SHAYS). art. Instead, it serves as a prime exam- tana and the author of four volumes of poetry. Mr. SHAYS. Mr. Chairman, the gov- ple of government overreaching its Let me also point out that the new chairman ernment has an important role in fund- sphere of influence. of the NEA, William Ivey, is the former director ing the arts. Two years ago some of us Mrs. JOHNSON of Connecticut. Mr. of the Country Music Foundation. thought we could combine two good Chairman, I yield such time as she may This is not a radical group, needless to say. principles; fund the arts, but do it by consume to the gentlewoman from New In reviewing and voting on NEA grant applica- replacing the NEA with a block grant York (Mrs. MALONEY). tions, the members of the National Council directly to the State arts commissions. (Mrs. MALONEY of New York asked take their responsibilities to U.S. taxpayers We thought we had a viable com- and was given permission to revise and very seriously. They are united by their com- promise that would end the annual de- extend her remarks.) mitment to making the arts accessible to all bate; an honorable effort to broaden

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6004 CONGRESSIONAL RECORD — HOUSE July 21, 1998 the base. That failed. The block grants pany Playhouse in Glen Echo Park, Mr. MICA. Mr. Chairman, I consider are not viable. just a few miles from the Capital. myself one of the most conservative We need to fund the NEA and we need I urge my colleagues to do the right Members of this body, and my record to increase the funding for the NEA. I thing and to support the Johnson as one of the fiscal conservatives is a appreciate the efforts of my colleague amendment. matter of record. But let me tell my from Connecticut in making sure that It's a two-hundred seat theater created out colleagues, regarding the arguments I will happen. of a portion of an historic ballroom at Glen have heard today, this is a question Mr. LARGENT. Mr. Chairman, I yield Echo Park. The audience is usually made up about whether or not we give any 1 minute to the gentleman from Michi- of children accompanied by their families and money to the arts. It is that basic; that gan (Mr. HOEKSTRA). teachers, representing the cultural and eco- simple. Mr. HOEKSTRA. Mr. Chairman, I nomic diversity of Maryland, Virginia and the This government has always sup- thank the gentleman for yielding me District of Columbia. An NEA grant allows the ported the arts. From Washington, this time. Puppet Co. to keep the ticket prices low so from Thomas Jefferson, from Abraham I would encourage my colleagues to that many young families can attend the per- Lincoln, we have always, as a Nation read the report that we issued last formances. The associates who run the Com- and its founding leaders and through year: A Creative and Generous Amer- pany work hard for modest salaries in the true every administration, supported the ica, The Healthy State of the Arts in spirit of keeping their company non-profit. arts. America. Because the arts in America I think most taxpayers would be pleased to Now, I admit that some mistakes are healthy. What is failing is the con- know that they support such a worthwhile have been made, and I have highlighted tinued failure of the National Endow- project. those mistakes. But it is not our re- ment for the Arts. Mr. Chairman, I urge my colleagues to sup- sponsibility or duty here to abolish It is not a broad-based program. The port the Johnson amendment. It is the right Federal Government participation in NEA has failed in its primary mission thing to do. the arts. With those mistakes that to make that happen. More than one- Art is how we remember. It is important, have been made, it is our responsibility third of NEA funds go to six cities, and even vital, that we support and encourage the to correct those mistakes. If we need one-third of all congressional districts promotion of the arts so that the rich and cul- tax credits, if we need to change the fail to get any direct funding. That tural story of our past can be made available project basis, let us do that. But this is means one-third of America does not to future generations. about funding our museums, this is even see the NEA. In short, the NEA Mr. LARGENT. Mr. Chairman, I yield about funding our symphonies. makes up a minuscule portion of arts 1 minute to the gentlewoman from New Mr. Chairman, I have never seen a support in America. Mexico (Ms. WILSON). child who has attended or heard a sym- There is no credible evidence that the Ms. WILSON. Mr. Chairman, for phony or visited a museum who would NEA has had anything to do with the those of us who find ourselves support- not benefit from this effort to fund the recent growth and explosion in the ing a gradual change, this is a difficult arts. arts. It is a failed small agency. And vote and a difficult amendment. Mr. LARGENT. Mr. Chairman, I yield before my colleagues say how well it I am rising today in opposition to myself the balance of my time. As I listened to the debate, one works, just a year ago 63 percent of this amendment for a variety of rea- thought kept crossing my mind, and NEA grantees could not reconcile their sons but, in particular, I would have that is how easy it is to be a philan- project costs, 79 percent had inad- supported the efforts of the gentleman thropist with other people’s money. It equate documentation of personnel from Pennsylvania (Mr. GOODLING) sev- is really easy to give away other peo- costs, and 53 percent had failed to en- eral years ago to gradually privatize ple’s money, $9.5 million. gage independent auditors. the National Endowment for the Arts, The impression some Members would This agency needs to be overhauled if and I believe as a politician who also give us, and the movie stars, is that not eliminated. loves the arts, that politics and art the arts and arts programs in this Mrs. JOHNSON of Connecticut. Mr. rarely mix. And if there is one thing country are hanging by a thread, and if Chairman, I yield 1 minute to the gen- that this debate has shown us today, it we do not fund the NEA all of the arts tlewoman from Maryland (Mrs. is that. are going to go away. Well, the truth is MORELLA). I think that the National Endowment that is not true. Mrs. MORELLA. Mr. Chairman, I rise of the Arts should move towards being The fact is there are several people in very strong support of the amend- a private national endowment over that are contributing to the arts com- ment offered by my good friend, the time. Unfortunately, having talked to munity in our country today. One is gentlewoman from Connecticut (Mrs. the National Endowment of the Arts the Federal Government. Now, not just NANCY JOHNSON), to restore funding for this morning, I found that while they the $98.5 million that we are trying to the NEA. were given authorization to begin de- stop being funded to the NEA. There Mr. Chairman, the arguments in velopment programs to raise independ- are over 200 programs funded by tax- favor of limited funding are hollow and ent funds a year ago, in that year they payers that go to the arts: Holocaust without merit. Government support for have only raised $50,000. That is not a Museum, Commission of Fine Arts, In- the arts is not a program for the elite. real effort, in my view, towards moving dian Arts and Crafts Board, JFK Center Eliminating the endowment will do toward a truly independent national for the Performing Arts, National En- nothing to reduce the deficit. The pri- endowment, and my vote today should dowment for Children’s Educational vate sector cannot and will not provide be seen by supporters of the arts and TV, NEH, National Gallery of Arts, the sufficient funding to make up this loss seen by the National Endowment of the Smithsonian. in the credibility. Arts as a clear encouragement to them How much money is the Federal Gov- Some of the many reasons most to move towards privatization. ernment spending of our tax dollars on Americans believe in government sup- Mrs. JOHNSON of Connecticut. Mr. the arts? Well, in 1997, it was $696 mil- port for the arts is it stimulates eco- Chairman, I yield such time as he may lion, in 1998 it was $710 million, and in nomic growth, it invests in our com- consume to the gentleman from North 1999 it will be $815 million that is going munities, they are basic to a thorough Carolina (Mr. ETHERIDGE). to go to fund the arts. So we are great education. We know that student (Mr. ETHERIDGE asked and was philanthropists with other people’s achievement and test scores in aca- given permission to revise and extend money. demic subjects improve when the arts his remarks.) Mr. Chairman, I will just finish by are used to assist learning in math, so- Mr. ETHERIDGE. Mr. Chairman, I urging my colleagues to vote ‘‘no’’ on cial studies, creative writing and com- thank the gentlewoman from Connecti- the Johnson amendment. munication skills. We know SATs and cut for yielding me this time, and I cer- ACTs are elevated by students who tainly support her amendment. b 1500 have had the arts training. Mrs. JOHNSON of Connecticut. Mr. Mrs. JOHNSON of Connecticut. Mr. I invite anyone who thinks the NEA Chairman, I yield 1 minute to the gen- Chairman, I yield myself the 30 remain- is not needed to visit the Puppet Com- tleman from Florida (Mr. MICA). ing seconds.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6005 I urge support of my amendment in Our communities benefit from an investment receives a grant from the NEA to offer free the strongest terms possible. This body in the arts when art is a part of a comprehen- concerts throughout New York State and the votes R&D tax credits to support the sive educational program and last year, the region. 40,000 people take advantage of this creativity necessary to an entre- NEA made arts education a top priority. In opportunity and benefit from the NEAÐfami- preneurial society. We support NIH 1997, the NEA invested $8.2 million in support lies who otherwise may not have the occasion funding to create the knowledge base of K±12 arts programs. Through these pro- or the money to hear classical music. for medical innovations. grams, the NEA opens creative doors to mil- As a result of Federal arts funding, the We must support NEA dollars to sup- lion of school children, including ``at-risk'' American people have gained access to a port the infrastructure for a strong, youth. Participation in the arts improves over- greater range of nonprofit arts organizations. vital, national, creative culture com- all student learning, instills self-esteem and Since 1965, the number of professional non- munity of the arts. We must do no less discipline and provides creative outlets for self profit theaters has grown from 56 to over 425; if we are to have the quality-inspired expression. The arts also help prepare Ameri- large orchestras have increased from 100 to leadership that this Nation needs in ca's future high-tech workforce by helping stu- over 230; opera companies from 27 to over our democracy. dents develop problem-solving and reasoning 120; and dance companies from 37 to over If my colleagues have never been in a skills, hone communication ability and expand 400. Additionally, countless small chamber HOT school, a higher order of thinking career skills for the 21st century. In my exten- and choral groups, museums, art centers, cul- school, go. It will demonstrate why sive work with education and technology, I see tural festivals, cultural organizations and writ- NEA dollars count now and in the fu- how important arts education is to developing ers guilds have sprouted up in small towns, ture. our future workforce. rural communities, medium-sized cities and Mrs. KENNELLY of Connecticut. Mr. Chair- Exposing children to the arts is even more suburbs throughout every corner of America. man, I rise in strong support of my colleague important now that we know how crucial the A Congressional initiative that allocated 7.5 NANCY JOHNSON's amendment to restore $98 first 3 years of a child's life are to full mental percent of all NEA arts funding to help de- million in funding to the National Endowment and emotional development. Even at the very velop arts programming in under-served areas for the Arts. For a small and carefully safe- beginning of life, children respond to music specifically helped us reach this outcome. guarded investment of taxpayer money, NEA and visual stimuli. The NEA increases oppor- Over the past few years, Congress has in- funds activities that enrich all aspects of our tunities for parents and teachers to share art stituted changes that have allowed for impor- society. with children who may not otherwise have tant reforms. I'd like to take a moment to high- We will hear a good deal today about the such opportunities. light an excellent program that has been insti- economic benefits NEA offers to our local In Michigan, the NEA supports mentoring tuted in response to Congressional concerns communitiesÐand that's right. Last year, we programs, in-school performances and ap- about the fairness of the distribution of NEA invested $98 million in the NEA. This invest- prenticeships in local school districts, colleges grants. The new ArtsREACH program is de- ment supported 1.3 million full-time jobs in and universities. These programs have en- signed to send grants to states that have his- local communities, generated an estimated riched the cultural fabric of our community. Mr. torically been under-served. Specifically, $37 billion in economic activity, and returned Chairman, I urge my colleagues to support the ArtsREACH will provide direct planning and almost three and one half billion dollars to the continued funding for the National Endowment technical assistance grants to communities in federal treasury in income taxes. Clearly, any for the Arts. targeted states to create coalitions of cultural investment which provides a return of nearly Mr. LAZIO of New York. Mr. Chairman, I organizations, local government and commu- 35 times your initial investment is worth con- rise today, in ardent support of the National nity arts agencies. They will work together to tinuing. Since FY96, the NEA has directly con- Endowment for the Arts. I commend my col- ensure that the arts are an integral part of tributed over $3 million in awards to the Con- league, NANCY JOHNSON, for her perseverance achieving community goals. ArtsREACH will necticut economy, and 19 individual awards on this issue and thank Chairman REGULA for target local arts and civic leaders and help were recommended last year. bringing to the floor a fine Interior Appropria- them to use the arts to build stronger commu- But more important is the immeasurable tions bill. nities. In fact, the United States Conference of contribution that NEA makes to our nation's Every day, arts programs across the United Mayors recently passed a unanimous resolu- art and music, creativity and talent. When we States are helping Americans. CityKids is an tion endorsing ArtsREACH. invest in NEA, we add to the store of artistic educational program in New York City, and let The arts make a difference in helping to expression in the world. We add to the human me describe for you what one of the students solve everyday challenges. I have seen first- spirit. And that is the most important invest- told me: hand how the arts build communities. Public ment of all. Chayka wrote: funding for the arts combined with private sec- I urge my colleagues to support this amend- My grandfathers, grandmother, father and tor giving has had a profound impact upon the ment and fund this important program. uncle were all alcoholics. I lived in the health, education and economy of our nation. Ms. STABENOW. Mr. Chairman, I rise today projects oldest of 5 girls to a single mother and all I had was my ambition, drive, deter- Business leaders are building upon the eco- to express my strong support for continued mination, and talent. The arts . . . has kept nomic stimuli and social problem-solving abili- funding for the National Endowment for the me sane. Now I’ve taken these skills that ties created by the arts to nurture further Arts because the NEA broadens public access I’ve learned and through the arts I educate growth at the local level. The arts enrich the to the arts for all Americans. thousands of youths. It makes communicat- lives of all Americans because they speak to The latest Lou Harris poll found that 79% of ing to my peers about teen pregnancy, drugs, our economic, intellectual and spiritual well- Americans support a governmental role in abuse, and racism heard effectively. being. In my home state of New York, organi- funding the arts. Furthermore, 57% said they The National Endowment for the Arts is a zations supported by the arts provide 174,000 favor the federal government funding the arts. powerful symbol for improving the quality of jobs. Nonprofit arts organizations alone have Federal funding for the arts is a good invest- our lives and the refining of our communities. an economic impact of nearly $4.1 million. ment because the arts contribute to our soci- The arts clearly enhance community livability; Not only do the arts contribute to a stronger ety both financially and educationally. attract industry; create jobs; increase the tax community, they also help prepare job-seekers From a financial standpoint, the NEA is an base; and enrich us all. Dance, theater, and and enhance creativity in the workplace. When investment in the economic growth of our music encourage personal achievement in our hiring employees, more and more businesses communities because the non-profit arts com- communities. In a time when we have bal- are looking for those qualities developed munity generates an estimated $37 billion in anced the budget, lowered taxes, and im- through education and exposure to the arts. economic activity, returns $3.4 billion in in- proved education in our country, we can take The U.S. Department of Labor's report on come taxes to the federal government each the time to appreciate the creative opportuni- the Secretary's Commission on Achieving year, and supports 1.7 million jobs. ties made possible by local arts organizations Necessary Skills recently highlighted the im- Federal funding for the arts is also a cata- and the NEA. portant role of arts education in achieving lyst for leveraging private funding since recipi- The NEA does touch us in our communities. many ``core competencies'' for the workplace, ents of NEA grants are required to match fed- For instance, this weekend the 21st Annual including creative problem solving, allocating eral grants up to 3 to 1. It is also important to New York Philharmonic Free Concert will take resources, team building, and exercising indi- recognize that the NEA's budget represents place at Heckscher State Park in my district vidual responsibility. Employers recognize that less than one one-hundredth of 1 percent of on Long Island. Every year, this concert brings individuals with a strong background in arts the federal budget and costs each American together 40,000 people and this free concert is have the creative talent to innovatively ap- less than 38 cents per year. made possible because the NY Philharmonic proach challenges.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6006 CONGRESSIONAL RECORD — HOUSE July 21, 1998 The arts inspire me and millions of Ameri- tion. According to the NEA, non-profit arts pro- seum, a small museum in Worcester, MA that cans. On the cusp of a new millennium, when grams contribute an estimated $37 billion to is among the best armory collections in the we are actually aware of our legacy and our the economy and are responsible for 1.3 mil- world. The exhibition schedule of the Higgins future, the time is right to reinvest in our iden- lion jobs. Armory Museum includes a series of profes- tity and to ensure that we remain a world lead- It is also important to note that most indus- sional development workshops for teachers, er culturally as well as economically. trial countries have a national budget for the and visits by approximately 25,000 students I urge my colleagues to continue funding the arts and humanities. The United Kingdom, from some 500 public and private schools National Endowment for the Arts. Help the arts Canada, the Netherlands, France, Germany throughout the six-state New England region. flourish in small towns and inner cities across and Sweden not only have national budgets The NEA provided a modest $5,000 grant to our great nation. for the arts, but in most cases, provide more support an upcoming exhibition entitled, ``Road Ms. DELAURO. Mr. Chairman, I am proud funding for the arts than the United States. Warriors: Knight Riders.'' This unique and cre- to rise in strong support of the amendment by Federal support of the NEA opens the door ative exhibit will educate the general public my colleague from Connecticut. The arts en- to the arts for all Americans, sets a standard about the medieval period of armor worn by rich our culture, our humanity, our commu- for private and public investment partnerships mounted knights with a more contemporary nities, and our economy, and I am pleased to and generates economic development in our icon, namely the various uniforms of motorbike vote for this amendment to restore funding to communities. In light of these facts, the Fed- culture. The exhibit will especially reach out to the National Endowment for the Arts. eral government can not neglect its respon- young people with education programs. The small investment the government sibility in continued support of the arts, and I I am proud of the strong artistic and cultural makes in the NEAÐits budget is only .01 of urge my colleagues to support the Johnson heritage of central Massachusetts, and I am our national budgetÐserves as a catalyst for amendment to restore NEA funding. equally proud of the vibrant artistic community local, state and private investment in the arts, Mr. MCGOVERN. Mr. Chairman, I rise in that is actively engaged in cities and towns and bolsters an industry that provides millions support of the amendment offered by the throughout my district today. of jobs across the nation. gentlelady from Connecticut [Mrs. Johnson] to On behalf of them and on behalf of the We see the results of this investment in restore $98 million in funding for fiscal year communities of Central Massachusetts that Connecticut's thriving arts community. Con- 1999 for the National Endowment for the Arts. benefit economically, culturally and socially necticut's nonprofit arts industryÐand it truly is Many speakers today will describe the over- from their presence, I urge all my colleagues all value and worth of the NEA. They will note an industryÐcontributed an estimated $1.3 bil- to support the Johnson amendment to restore how we all benefit from the NEA, in every sin- lion to the state's economy in 1996, and pro- funding for the National Endowment for the gle one of our congressional districts and vided jobs for roughly 30,500 people. Arts. states. Just last month, New Haven demonstrated WORCESTER ART MUSEUM, We all know the NEA devotes 40% of its again how the arts can both build our econ- Worcester, MA, June 19, 1998. budget to partnerships with state and regional omy and bring our community together. Per- Hon. JAMES P. MCGOVERN, arts agencies, funding that is directed to formers from around the world came to New U.S. House of Representatives, projects tailored to those communities. Washington, DC. Haven for the annual International Festival of Before the NEA existed, only five states had DEAR JIM: I am writing to encourage your Arts and Ideas. An estimated 80,000 people state-funded arts councils. Today, all fifty support of the President’s proposed increase traveled to New Haven to visit this summer's states have such councils. in funding for the National Endowment of festival and enjoyed the artists, dancers, musi- All of our constituencies benefit from NEA the Arts to $136 million for FY 1999. As a cians and craftsmen. The arts means travel funds, programs that only costs taxpayers 36 strong supporter of the arts in our commu- and tourism, money and jobs for the city of nity, you already realize how important fed- cents each year. eral funding is to the Worcester Art Muse- New Haven. In return, arts agencies, arts organizations, The arts build our economy, enrich our cul- um’s ability to sustain a high caliber of exhi- and arts programs and activities provide sub- bitions and services. ture and feed the minds of adults and children stantial social, educational and economic ben- As you know, the Worcester Art Museum alike. I urge my colleagues to support this efits. has recently received a grant award from the amendment. I would like to speak, however, about two NEA to support its upcoming exhibition, An- Mr. CASTLE. Mr. Chairman, as a Member NEA grants to small local and regional muse- tioch: The Lost Roman City, scheduled to of Congress who supports the arts, I believe ums in my district, the 3rd Congressional Dis- begin its national tour in Worcester in the that the Federal government should remain an trict of Massachusetts. Fall of 2000. This matching award not only important contributor in this area. This year, the NEA awarded the Worcester signifies a level of project excellence on a na- Critics point to a few controversial grants tional level but provides the leverage for se- Art Museum in Worcester, MA, a grant of curing additional funding sources needed for that the National Endowment for the Arts $120,000 to support the creation and presen- the execution of his exhibition. When an ex- (NEA) has made, and I agree that some fund- tation of an exhibition on the lost Roman city hibition or project receives the NEA’s ing decisions may have been unwise. How- of Antioch. ‘‘stamp of approval,’’ other funders are more ever, in recent years, the NEA has taken It is very fitting that the NEA supported this inclined to follow suit. This federal funding strides to eliminate controversy from the grant exhibition, which is the culmination of archae- will enable approximately 170,000 viewers the process by eliminating ``individual grants'' and ological and artistic effort by the Worcester Art opportunity to understand and learn about ``subgrants.'' Museum undertaken throughout this century. the ancient city and culture of Antioch, an In fact, most of the funding from the agency One of the many breath-taking sights in the opportunity that would not be possible with- out the initial support of the NEA. is directed toward the cultural life and diversity museum is to come upon the Antioch mosa- I thank you in advance for your advocacy of our countryÐto people of all ages, to peo- ics, which were installed around 1937, the re- on behalf of the Worcester Art Museum and ple in our inner cities, in our suburbs, and in sult of a partnership between the Worcester cultural institutions nation-wide and en- our rural communities. Art Museum and various universities and mu- courage your continued efforts to reinforce In Delaware, the NEA provides assistance seums in the United States and France to ex- the importance of federal arts funding and to the Delaware Division of the Arts and the cavate the Antioch site between 1932 and its impact on the economic and cultural Delaware Humanities Forum so they may 1939. Building on this work over the following health of our communities. Sincerely, grant funding to the Delaware Symphony Or- decades, the Worcester Art Museum has be- JAMES A. WELU, chestra, the Delaware Theater Company, come renown for one of the finest collections Director. Opera Delaware and many other community of Roman mosaics in the United States. and school activities. The NEA grant will support the creation of HIGGINS ARMORY MUSEUM, When it comes to partnership between pri- the exhibition, the accompanying catalogue, Worcester, MA, June 30, 1998. vate, state, and Federal funding of the arts the and the education programsÐespecially those Hon. JAMES P. MCGOVERN, NEA sets an outstanding example. According for childrenÐthat will be part of this major ex- U.S. House of Representatives, Washington, DC. to the agency, one endowment dollar attracts hibition of art and artifacts from Antioch. The DEAR CONGRESSMAN MCGOVERN: The Hig- twelve dollars or more from state and regional exhibition will then travel to Texas and Ohio, gins Armory Museum was the recipient re- cently of a $5,000 grant from the National arts agencies as well as corporations, busi- where it will also enrich the lives of citizens, Endowment for the Arts helping to fund the nesses and individuals. scholars and school children in those commu- Museum’s 1998–1999 winter and spring special In fact, NEA funded programs generate eco- nities, as well. exhibition. These annual events are an inte- nomic activity through tourism, urban renewal Another smaller grant by the NEA was also gral part of the Museum’s ongoing edu- and economic development throughout the na- awarded this year to the Higgins Armory Mu- cational programming which is designed not

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6007 only as a benefit for the Museum’s general for the Arts. The fact is that the NEA Lampson Mollohan Schumer audiences, but also as a collaborative effort is an essential component of cultural Lantos Moran (VA) Scott with local and regional educators to tie in LaTourette Morella Serrano programs across the country. Not only Lazio Murtha Shaw with public and private school interdiscipli- in big cities, but in rural communities Leach Nadler Shays nary curriculum. The exhibition schedule and small towns. In northern Michigan, Lee Neal Sherman each year includes a series of professional Levin Oberstar Sisisky development workshops for teachers, and where communities are rich with pride Lewis (CA) Obey Skaggs visits to the Museum by approximately 25,000 in their unique culture and heritage, Lewis (GA) Olver Skeen students representing some 500 public and eliminating the NEA’s role as a source Lipinski Ortiz Slaughter private schools throughout Massachusetts LoBiondo Owens Smith (MI) of state endowments and grant funding Lofgren Pallone Smith, Adam and the entire six-state New England region. will effectively silence many quality Lowey Pascrell Snyder I am writing to you on behalf of our Board programs. I have received many letters Luther Pastor Spratt of Trustees to express appreciation to you from local arts councils, senior centers, Maloney (CT) Payne Stabenow and your colleagues in Congress for the im- Maloney (NY) Pelosi Stark portant part you play in making this kind of community theaters, youth programs Manton Peterson (MN) Stokes financial support available. It is extremely and museums detailing the positive ef- Markey Pickett Strickland meaningful to institutions like ours if we are fect their programs have had and how Martinez Pomeroy Stupak Mascara Porter Sununu to continue providing the kind of edu- even a small amount of federal funding Matsui Poshard Tauscher cational and cultural programs to the audi- can impact their program. The arts McCarthy (MO) Price (NC) Thompson ences we serve. draw these communities together to McCarthy (NY) Quinn Thurman When you are in the Worcester area and celebrate and to educate each other. McCollum Rahall Tierney McDermott Ramstad Torres your schedule permits, we would welcome The past controversy over the NEA has the opportunity to show you the Museum McGovern Rangel Towns and how these federal dollars are being used. led to reform and restructuring of that McHale Regula Traficant organization. the NEA has a new Chair- McHugh Reyes Upton We’d also like to express our very sincere McInnis Rivers Velazquez thanks in person. We are extremely proud of man, Bill Ivey. These reforms and this McIntyre Rodriguez Vento our institution, and I’m confident that you chairman should be given the oppor- McKinney Roemer Visclosky would be also. So please consider this an offi- tunity to prove themselves, not be Meehan Ros-Lehtinen Walsh cial invitation, and let me know whenever stripped of their funding, support the Meek (FL) Rothman Waters Meeks (NY) Roukema Watt (NC) you can come to see us. Johnson Amendment. Sincerely, Menendez Roybal-Allard Waxman The CHAIRMAN (Mr. LATOURETTE). Mica Rush Weldon (PA) KENT DUR RUSSELL, Millender- Sabo Wexler Executive Director. The question is on the amendment of- fered by the gentlewoman from Con- McDonald Sanchez Weygand Mr. MORAN of Virginia. Mr. Chairman, I rise Miller (CA) Sanders Wise necticut (Mrs. JOHNSON). in support of the Johnson amendment to re- Minge Sandlin Woolsey The question was taken; and the Mink Sawyer Wynn store $98 million in funding for the National Chairman announced that the ayes ap- Moakley Saxton Yates Endowment for the Arts. As a member of the peared to have it. NOES—173 Interior Appropriations subcommittee, I have RECORDED VOTE Aderholt Gallegly Parker learned a great deal about the NEA in the last Archer Gekas Paul few years. I know that the NEA would admit Mr. LARGENT. Mr. Chairman, I de- Armey Gibbons Paxon it has made mistakes in the past, but it has in- mand a recorded vote. Bachus Goodlatte Pease stituted a series of management reforms to A recorded vote was ordered. Baker Goodling Peterson (PA) Barr Graham Petri ensure that those types of problems will not The vote was taken by electronic de- Barrett (NE) Gutknecht Pickering recur. Even given those problems, opponents vice, and there were—ayes 253, noes 173, Barton Hall (TX) Pitts of the NEA can point to only a handful of not voting 8, as follows: Bateman Hansen Pombo Bilirakis Hastert Portman questionable grants out of hundreds of thou- [Roll No. 312] Bliley Hastings (WA) Pryce (OH) sands that have been awarded during the 32- AYES—253 Blunt Hayworth Radanovich Boehner Hefley Redmond year history of the NEA. After hearing real Abercrombie Cummings Goode Bonilla Herger Riggs people and real artists discuss what the NEA Ackerman Danner Gordon Bono Hill Riley Allen Davis (FL) Goss has brought to them and to their communities, Brady (TX) Hilleary Rogan Andrews Davis (IL) Granger I know that the NEA is an incredible catalyst Bryant Hobson Rogers Baesler Davis (VA) Green Bunning Hoekstra Rohrabacher for bringing people together and expressing, in Baldacci DeFazio Greenwood Burr Hostettler Royce Ballenger DeGette Gutierrez a creative fashion, the full range of the human Burton Hulshof Ryun Barcia Delahunt Hall (OH) experience. Buyer Hunter Salmon Barrett (WI) DeLauro Hamilton Callahan Hutchinson Sanford The National Endowment for the Arts is suc- Bartlett Deutsch Harman Calvert Hyde Scarborough cessfully working to bring arts to underserved Bass Diaz-Balart Hastings (FL) Camp Inglis Schaefer, Dan Becerra Dicks Hefner communities, through after school youth pro- Campbell Istook Schaffer, Bob Bentsen Dingell Hilliard grams that are introducing our young people Canady Jenkins Sensenbrenner Bereuter Doggett Hinchey Cannon Johnson, Sam Sessions to the power of creative expression as an al- Berman Dooley Hinojosa Chabot Jones Shadegg Berry Doyle Holden ternative to violence, and through folk and tra- Chambliss Kasich Shimkus Bilbray Edwards Hooley ditional arts that remind us of our common Chenoweth Kim Shuster Bishop Ehlers Horn Christensen King (NY) Skelton bond and what it means to be an American. Blagojevich Engel Houghton Coble Kingston Smith (NJ) Moreover, the American public supports Blumenauer English Hoyer Coburn Knollenberg Smith (OR) Boehlert Eshoo Jackson (IL) public funding for the arts. A Louis Harris poll Collins Largent Smith (TX) Bonior Etheridge Jackson-Lee indicates that, by a decisive 79 percent to 19 Combest Latham Smith, Linda Borski Evans (TX) Condit Lewis (KY) Snowbarger percent margin, a better than 3-to-1 majority of Boswell Farr Jefferson Cooksey Linder Solomon Boucher Fattah Johnson (CT) the American people is convinced that it is im- Cox Livingston Souder Boyd Fawell Johnson (WI) portant that there should be federal, state, and Crane Lucas Spence Brady (PA) Fazio Johnson, E. B. Crapo Manzullo Stearns local councils for the arts to develop new pro- Brown (CA) Filner Kanjorski Cubin McCrery Stenholm grams, research and provide financial assist- Brown (FL) Foley Kaptur Cunningham McIntosh Stump Brown (OH) Forbes Kelly ance to worthy arts organizations. By 57 per- Deal McKeon Talent Capps Fowler Kennedy (MA) cent to 39 percent, a clear majority of the DeLay Metcalf Tanner Cardin Fox Kennedy (RI) Dickey Miller (FL) Tauzin American people favor the Federal Govern- Carson Frank (MA) Kennelly Doolittle Moran (KS) Taylor (MS) Castle Franks (NJ) Kildee ment funding the arts. Dreier Myrick Taylor (NC) Clay Frelinghuysen Kilpatrick Let's stop playing politics with this agency Duncan Nethercutt Thomas Clayton Frost Kind (WI) Dunn Neumann Thornberry and follow the direction of the American peo- Clement Furse Kleczka Ehrlich Ney Thune ple on this issue. Support the Johnson amend- Clyburn Ganske Klink Emerson Northup Tiahrt Conyers Gejdenson Klug ment and restore funding for the arts. Ensign Nussle Turner Cook Gephardt Kolbe Mr. STUPAK. Mr. Chairman, today Everett Oxley Wamp Costello Gilchrest Kucinich Ewing Packard Watkins we have the opportunity to continue Coyne Gillmor LaFalce Fossella Pappas Watts (OK) funding for the National Endowment Cramer Gilman LaHood

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6008 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Weldon (FL) Whitfield Wolf does not address the issue. When the Mr. REGULA. I yield to the gen- Weller Wicker Young (AK) White Wilson Interior conference convenes, does the tleman from Illinois. gentleman intend to accept the Senate Mr. YATES. Mr. Chairman, the gen- NOT VOTING—8 position or choose an alternative? tleman from Guam (Mr. UNDERWOOD) Dixon John Norwood Mr. REGULA. Mr. Chairman, I am has asked me to engage in a colloquy Ford McDade Young (FL) Gonzalez McNulty committed to supporting a proposal to with the distinguished chairman of the save the taxpayer money while protect- subcommittee. b 1521 ing the lighthouse. I am currently Mr. Chairman, 1998 marks the cen- Mrs. BONO changed her vote from working with other Appropriations tennial of Guam’s relationship with the ‘‘aye’’ to ‘‘no.’’ Committee members to provide the ap- United States. As the gentleman So the amendment was agreed to. propriate money necessary for the con- knows, during World War II, Guam was The result of the vote was announced struction of the fourth groin during the the only American territory occupied as above recorded. conference committee. by the Japanese. The people of Guam PERSONAL EXPLANATION Mr. JONES. Mr. Chairman, I appre- were steadfast in their desire for Amer- Mr. BARTLETT of Maryland. Mr. ciate the gentleman’s commitment and icans to return to the island. The Japa- Chairman, today during the fiscal year look forward to working with him dur- nese were aware of this loyalty. As a 1999 Interior appropriations bill vote on ing this process. result, many islanders were persecuted the amendment by the gentlewoman Mr. REGULA. Mr. Chairman, I yield and tortured for their loyalty to the from Connecticut (Mrs. JOHNSON) to to the gentleman from Colorado (Mr. United States. The gentleman from continue funding for the National En- BOB SCHAFFER) for a colloquy. Guam (Mr. UNDERWOOD) has stated his dowment for the Arts, I intended to Mr. BOB SCHAFFER of Colorado. concern that, unlike other Americans, vote ‘‘no’’ for her amendment. I Mr. Chairman, I would like to ask the the people of Guam have never received thought I voted ‘‘no’’ for her amend- manager of the bill for a moment of his full reparations for the atrocities they ment. The voting machine indicated a time to discuss a program of particular experienced during World War II. He ‘‘yes’’ vote. I would like the RECORD to importance to me and many of my col- has fought for recognition and eventual show that I intended to vote ‘‘no’’ on leagues, the National Black Footed reparations to the people of Guam. this amendment. Ferret Conservation Center. Mr. REGULA. I am aware of the gen- Mr. REGULA. Mr. Chairman, I move Mr. REGULA. I would be pleased to tleman from Guam’s concerns and ef- to strike the last word. join in a colloguy with the gentleman forts in this area. Mr. Chairman, for the Members that from Colorado. Mr. YATES. The gentleman from are asking, it is our plan to roll votes Mr. BOB SCHAFFER of Colorado. Guam has also noted that $400,000 has until 5:30. At that time we will catch Mr. Chairman, as the gentleman been added to the technical assistance up whatever amendments would be knows, the National Black Footed Fer- program in the Insular Affairs account pending and we may have to rise for a ret Conservation Center is of critical without specific designation. suspension that has to be done today. importance to these highly endangered The CHAIRMAN. The time of the When we reconvene, we will then roll species. The U.S. Fish and Wildlife gentleman from Ohio (Mr. REGULA) has votes again until 8, or let us say 8:30. Service has decided to relocate this fa- expired. Hopefully if everybody works at it, I cility to an area near Fort Collins, Col- (On request of Mr. YATES, and by think we can finish this bill today. orado, to take advantage of the area’s unanimous consent, Mr. REGULA was Mr. Chairman, I yield to the gen- habitat, infrastructure and proximity allowed to proceed for 1 additional tleman from North Carolina (Mr. to educational and research institu- minute.) JONES) for a colloquy at this point. tions. I am grateful for the chairman’s Mr. YATES. Mr. Chairman, the gen- Mr. JONES. Mr. Chairman, I thank support of $1 million for the construc- tleman from Guam has expressed his the gentleman for this opportunity to tion of the facility. However, I respect- interest in having $300,000 of those discuss the Cape Hatteras Lighthouse fully request full funding of the Presi- funds allocated to establish a War Res- which is owned and operated by the Na- dent’s request in order to construct titution Study Commission to verify tional Park Service. The lighthouse, this important facility. An additional claims from the people of Guam for the the tallest in the world, is located $800,000 was appropriated in the Senate purpose of determining amounts of in- along the Outer Banks of North Caro- bill. dividual compensation for those who lina, which is a beautiful part of my Mr. Chairman, I recognize the many suffered atrocities. Is the gentleman district. challenges the gentleman faces with aware of the gentleman from Guam’s The lighthouse is being threatened balancing competing needs and request? by the ocean and beach erosion. Two projects, but I would like to emphasize Mr. REGULA. I am aware of the gen- proposals are currently being debated the importance of this facility and the tleman from Guam’s request that funds on how best to save this historical role that it plays in the survival of the be made available for this purpose, and structure. Either relocate the light- species. I respectfully ask the gen- I believe that once such a commission house inland or to stabilize the light- tleman to work in conference to secure is authorized, consideration should be house where it is by building an addi- full funding for this important project. given to providing funds to meet this tional groin to complement the three Mr. REGULA. As the gentleman from need, along with consideration of other that are already in place. Colorado pointed out, there are many territorial needs. As we have both mentioned in pre- competing demands on the limited b vious conversations, the moving of the funds provided in this bill. I feel we 1530 lighthouse would change the character have done as well as we could. How- Mr. YATES. I thank the gentleman, and the historical importance of this ever, I recognize the importance of the and I agree with him. I thank him for structure. At this time, I am curious if National Black Footed Ferret Con- entering into this colloquy. the subcommittee has taken a stance servation Center in recovering endan- The CHAIRMAN. The Clerk will read on how best to save the lighthouse. gered species as well as its importance the first paragraph. Mr. REGULA. The subcommittee has to public education. While we cannot The Clerk read as follows: not taken an official stance. However, meet every request, I assure the gen- TITLE I—DEPARTMENT OF THE the subcommittee believes the histori- tleman that I will keep his concerns in INTERIOR cal structure can be saved in a more mind as we reconcile the differences BUREAU OF LAND MANAGEMENT cost-effective way than relocating it between the House and Senate bills in MANAGEMENT OF LANDS AND RESOURCES inland. conference. Mr. JONES. Mr. Chairman, as the For expenses necessary for protection, use, Mr. BOB SCHAFFER of Colorado. improvement, development, disposal, cadas- gentleman from Ohio knows, the Sen- Mr. Chairman, I appreciate the gentle- tral surveying, classification, acquisition of ate Interior appropriations bill pro- man’s commitment. easements and other interests in lands, and vides $9.8 million for the relocation of Mr. YATES. Mr. Chairman, will the performance of other functions, including the lighthouse. However, the House bill gentleman yield? maintenance of facilities, as authorized by

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6009 law, in the management of lands and their These are investments we need to them somewhat less emphasis while we resources under the jurisdiction of the Bu- make as a country, because the track beef up in these other conservation reau of Land Management, including the record that has already been estab- areas. general administration of the Bureau, and lished shows that they pay off many, assessment of mineral potential of public In closing, Mr. Chairman, let me just lands pursuant to Public Law 96–487 (16 many times over. The President’s Com- point out to my colleagues, that, while U.S.C. 3150(a)), $596,425,000, to remain avail- mittee of Advisors on Science and the bill now nominally funds these pro- able until expended, of which $2,062,000 shall Technology, for instance, has esti- grams at about $630 million, a big piece be available for assessment of the mineral mated that past investments in these of that really is an accounting change potential of public lands in Alaska pursuant areas have produced improvements in from last year’s approach. An apples to to section 1010 of Public Law 96–487 (16 U.S.C. efficiency that are already saving apples comparison would be $586 mil- 3150); and of which $3,000,000 shall be derived American consumers $170 billion a lion, down significantly from this fis- from the special receipt account established year. Even if they have exaggerated by the Land and Water Conservation Act of cal year. 1965, as amended (16 U.S.C. 4601–6a(i)); and of this by 50 percent, which I do not be- By comparison, if we were really just which $1,500,000 shall be available in fiscal lieve they have, this is clearly a great keeping on the course that we were on year 1999 subject to a match by at least an return on investment. as recently as 1995, adjusted for infla- equal amount by the National Fish and Wild- It is also not just about money. The tion, we would be spending about $860 life Foundation, to such Foundation for cost- companies that, for instance, make million this coming fiscal year on shared projects supporting conservation of home appliances, report that new ap- these programs. I think that would Bureau lands; in addition, $32,650,000 for Min- pliances benefited by the kind of R&D have been a wise investment. But at ing Law Administration program operations, that these programs support use sig- least let us keep making the progress including the cost of administering the min- nificantly less energy than older ones, ing claim fee program, to remain available that this amendment will enable us to until expended, to be reduced by amounts 50 percent less for refrigerators, for ex- make. I urge my colleagues’ support collected by the Bureau and credited to this ample. A 1995 study by the Department for it. appropriation from annual mining claim fees of Energy shows that well over three Mr. FOX of Pennsylvania. Mr. Chair- so as to result in a final appropriation esti- quads, that is, I believe, three quadril- man, I rise in support of the amend- mated at not more than $596,425,000, and lion Btu’s of energy, can be saved if the ment. $2,000,000, to remain available until ex- department and industry can continue pended, from communication site rental fees Mr. Chairman, I rise today with the to work in this area to replace old ap- gentleman from Colorado (Mr. SKAGGS) established by the Bureau for the cost of ad- pliances with efficient new ones. ministering communication site activities: in offering the Skaggs-Fox energy con- Similarly, experts at the National Provided, That appropriations herein made servation amendment. I have been a shall not be available for the destruction of Renewable Energy Laboratory esti- strenuous supporter of funding, as healthy, unadopted, wild horses and burrows mate we can save another 10 quads of many of my colleagues have, for the in the care of the Bureau or its contractors. energy by the year 2020 if we will accel- Low-Income Weatherization Assistance AMENDMENT OFFERED BY MR. SKAGGS erate, as these programs will do, if we Program and the State Energy Con- Mr. SKAGGS. Mr. Chairman, I offer can accelerate the use of advanced en- servation Program funded through the an amendment. ergy efficient building, heating, light- Department of Energy accounts in the The Clerk read as follows: ing, and related technologies in new Interior Appropriations bill. These pro- Amendment offered by Mr. SKAGGS: housing and other construction in this grams go to the heart, Mr. Chairman, Page 2, line 13, insert ‘‘(decreased by country, all of which can be done with- $1,000,000)’’ after ‘‘$596,425,000’’. of the Federal Government’s coopera- out increasing building costs. tion and community based solution to Page 3, line 6, insert ‘‘(decreased by Transportation is another area where $1,000,000)’’ after ‘‘$596,425,000’’. the needs of the people. increased efficiency pays off, even Page 69, line 15, insert ‘‘(decreased by I want to thank the gentleman from $500,000)’’ after ‘‘$320,558,000’’. when, as now, oil prices remain low. Colorado (Mr. SKAGGS) for working Page 70, line 17, insert ‘‘(decreased by Transportation accounts for fully two- $3,000,000)’’ after ‘‘$630,250,000’’. thirds of this country’s oil consump- with me on this amendment in support- Page 70, line 22, insert ‘‘(increased by tion. The Department of Energy and ing increased funding for these impor- $20,000,000)’’ after ‘‘$150,000,000’’. tant programs. I also want to commend Page 71, line 4, insert ‘‘(increased by industry are working to reduce this by a million barrels a day which will, in the gentleman from Ohio (Mr. REGULA) $16,000,000)’’ after ‘‘$120,000,000’’. and his excellent staff for their work Page 71, line 5, insert ‘‘(increased by turn, greatly aid in our efforts to bring on this very difficult appropriations $4,000,000)’’ after ‘‘$30,000,000’’. down air pollution. bill. Mr. SKAGGS (during the reading). There are also immediate payoffs for I am concerned that, under the bill, Mr. Chairman, I ask unanimous con- the weatherization and State grants energy efficiency programs at the De- sent that the amendment be considered programs. The Oak Ridge National partment of Energy will be reduced by as read and printed in the RECORD. Labs reports that in 1996 weatheriza- The CHAIRMAN. Is there objection tion meant a savings of 33 percent in $25 million below fiscal year 1998 levels to the request of the gentleman from the gas used to heat weatherized homes and approximately $200 million under Colorado? while, overall, that program and State the budget request. There was no objection. energy programs have a favorable cost We urge the support of the House for Mr. SKAGGS. Mr. Chairman, this benefit ratio of about two to one. a reallocation of funding within the amendment is sponsored by me and my We really need to maintain momen- bill in order to better serve our Na- colleague, the gentleman from Penn- tum in these areas. That is why, while tion’s energy, economic, environ- sylvania (Mr. FOX). It will remedy, I I regret that I need to suggest to the mental, and security needs. This is the believe, one of the major imbalances in Members that we have offsets in some most important vote in favor of energy this otherwise pretty good bill, produc- other accounts, this will really move efficiency during the past 5 years, and ing savings in energy and money and, the country ahead in dealing with we need Members’ help. in the process, providing some real ben- these pressing needs for energy con- The bipartisan amendment will add efits to the environment. servation. about $16 million for the Low-Income The amendment that we are offering The offsets that are included in this Weatherization Program, which helps would shift funds from elsewhere in the amendment include a million dollars over 60,000 low-income, elderly and dis- bill to add $40 million to the energy from BLM’s Wild Horse and Bureau abled citizens weatherize their homes conservation and efficiency accounts. Program and from two of DOE’s pro- each year, in both cold and hot cli- That includes a $16 million increase for grams, Oil Technology and Advanced mates. weatherization, $4 million for State en- Turbine Research, both of which, I We propose to add back $4 million to ergy grants, another $10 million for think, do not produce the kind of re- the State Energy Program, which pro- building technology programs, and in- turns on investment that we have en- duces enormous energy savings for creases of $5 million each for the indus- joyed in the efficiency and conserva- schools, hospitals, and other partners try and transportation energy con- tion areas. They are not bad programs, with State government and the private servation programs in the bill. but I think it will serve us well to give sector. We propose to add another $20

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6010 CONGRESSIONAL RECORD — HOUSE July 21, 1998 million to energy conservation pro- ment with substantial return for con- sonable funding over a long period of grams in transportation, buildings, and sumers, business and the environment. time so that when this oil from over- industry. Major innovations in light- Every dollar cut from energy efficiency seas dries up, we will have the reserves ing, windows, building design, indus- programs represents a lost opportunity and the efficient energy from coal that trial energy efficiency, and automotive to make our buildings and motor vehi- we need. technology can be traced to these pro- cles more efficient and less costly for If we have further cuts in fossil en- grams. A recent study estimated that manufacturers and owners. These cuts ergy, it will result in increased emis- these types of programs save our econ- in energy funding take dollars directly sions and increased energy consump- omy over $170 billion per year. out of the pockets of our constituents. tion due to continued reliance on out- The proposed cuts will actually hurt I believe that the American people dated technology. real people and will hurt our Nation’s want government that works. They We have done a marvelous job over important environmental, economic, want a government that saves money the years in reducing emissions. In the and energy security goals. Weatheriza- and improves our quality of life. The area I represent, in all of western tion helps low-income Americans amendment before us will restore ade- Pennsylvania, as a matter of fact, you through the installation of insulation quate funding for programs that had big globs of coal dust and steel de- and otherwise improving the energy ef- achieve these important goals. posits, iron ore deposits on the auto- ficiency of homes. On average, these Mr. Chairman, a wise man once said mobiles at one time. We have cleaned improvements can save poor house- that those who fail to see the forest all that up. Ninety-eight percent of holds over $200 a year in energy costs. through the trees are doomed to get what goes in the air has been cleaned That can make a huge difference in lost in the woods. We are lost indeed. I up substantially, and this has come each family. ask all my colleagues to support the about because of the research that we The State Energy Program provides Skaggs-Fox amendment so that we have done. leveraging of funds to conduct energy may find a way to a cleaner environ- This would be a drastic blow to the improvements in schools and hospitals ment and a stronger economy. areas that are doing research on fossil so that more money can go into edu- I ask simply that we look at the heat energy if we were to cut the money cation and health care. This program waves that are affecting our cities from this area to increase conserva- reaches into small business and homes across this Nation, how it is we are tion. to reduce energy costs and apply inno- handing out simple fans to people and So I would ask the Members to con- vative technologies to solve our energy how many senior citizens are suffering sider very carefully that we have these challenges. because of lack of energy efficiency to massive deposits of coal which we need Our amendment is supported by a the point where they will not put on to increase the efficiency and effective- broad coalition, Mr. Chairman, of low- their air conditioning system because ness, and the only way we can do it is income advocates, business groups, and the energy costs are so hard for them by fossil fuel research. We want to con- energy and environmental groups, in- to burden. That is but one example tinue that program. I would hope we cluding the National Association of across our Nation. From Massachusetts would defeat this amendment. State Energy Officials, the National to Illinois to California to Texas and Community Action Foundation, the b 1545. Florida, energy efficiency is important National Association of State Commu- if we are going to deal with global Mr. SKAGGS. Mr. Chairman, will the nity Services Programs, the National change. gentleman yield? Association of State and Utility Con- Mr. MURTHA. Mr. Chairman, I rise Mr. MURTHA. I yield to the gen- sumer Advocates, the American Coun- in opposition to the amendment. tleman from Colorado. cil for an Energy Efficient Economy, Mr. Chairman, this committee over Mr. SKAGGS. Mr. Chairman, I appre- the Alliance to Save Energy, the U.S. the last number of years has already ciate the gentleman yielding. Public Interest Research Group, the reduced the fossil energy funding by 30 Mr. Chairman, I just wanted to make Substantial Energy Coalition, the Si- percent over the last 3 years. Over the clear that the amendment that the erra club, and the list goes on. gentleman from Pennsylvania (Mr. I urge my colleagues to support the same period, we have increased con- FOX) and I are proposing does not Skaggs-Fox amendment and place a servation funding by 14 percent. I represent an area which has ex- touch the $113 that is in the bill for higher priority on people, our environ- treme coal reserves. We had 10 years coal. It deals with oil recovery research ment, and our national energy strat- ago 12,000 coal miners. We have today and the gas turbine program, a big egy. piece of which was once managed by Mr. GUTIERREZ. Mr. Chairman, I 2,500 coal miners. They do not work in Westinghouse, which I think now has move to strike the last word. eastern Pennsylvania. They work in Mr. Chairman, once again, this Con- western Pennsylvania. been sold off to a foreign company, gress has failed to adequately support We have done everything we could to Seimans. So we are trying to look for energy efficiency programs that work increase the efficiency of burning coal. the most bang for the buck and are not for the American people. This is a fail- We have 600 years of coal deposits so going after the coal account. ure born of shortsightedness and is par- we are trying to find ways to use this Mr. MURTHA. Mr. Chairman, re- ticularly troublesome given the chal- energy resource. We right now are claiming my time, I appreciate what lenges our Nation confronts in the next more dependent on foreign oil than we the gentleman is saying. Even though century. With regions around the world were in 1974 when I came to Congress. that company was sold off with less competing to develop the most effi- We actually had long lines. We had to than 50 percent to Seimans, it will still cient economies possible, we are hold- line up at a gas station to get gas in be run by an American company. Of ing ourselves back in this race by de- part of the time when I first came to course, that research ties in. We are clining to support energy conservation. Congress because of the shortage. Gas- continually trying to work with fossil The Department of Energy’s renew- oline prices were over $2.00, and at the fuel, oil research and so forth to in- able energy and efficiency programs time the Saudis told us, you had better crease the efficiency of these resources have been extremely successful. These increase your fossil fuel research, do it in the United States. So that is the programs have saved American con- more efficiently or you are not going reason I am so concerned about cutting sumers billions, and I underscore the to have the reserves, you are not going fossil research. word billions, of dollars in utility bills. to burn coal efficiently and con- Mr. SKAGGS. If the gentleman would They have made housing more afford- sequently you are going to depend on yield further, I do not think we are in able for low and moderate income fam- us more and more. disagreement at all about the goal. I ilies, and these vital programs have We started a program. Because we believe it can be demonstrated that the helped communities nationwide reduce could not work fast enough, we were kind of payback we get, already dem- air pollution levels that burden local not as efficient as quickly as we would onstrated by technology in use in the industry and threaten public health. like, we have not been able to accom- economy, has really made a much The evidence is clear, energy effi- plish our goal. On the other hand, we greater contribution toward oil inde- ciency is a wise investment, an invest- have come up with what we feel is rea- pendence, for instance, than is likely

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6011 to come from the other programs that more funding.’’ That attitude is unac- egy, but having a better and more sen- we are cutting. ceptable. sible mix for the 21st Century? Mr. MURTHA. Mr. Chairman, re- Mr. Chairman, the committee has That is what the Skaggs amendment claiming my time, I know the gen- done the responsible job of providing is all about. It is moving our energy tleman may think that, but we are funding for energy conservation pro- agenda to the 21st Century, so that we over 50 percent dependent today. Then grams. The proposed offsets to increase have the proper strategy to deal with we were 34 percent dependent. So it is energy conservation funding are to- these environmental issues, and, ulti- all relative, in how dependent we are. tally unacceptable, and I urge my col- mately, economic issues which will In the short term the gentleman may leagues to vote ‘‘no’’ and defeat this face our country. be right. But, long-term, we could have amendment. So I congratulate the gentleman a breakthrough with one of these re- Mr. MARKEY. Mr. Chairman, I move from Colorado (Mr. SKAGGS) for his search projects and reduce the emis- to strike the requisite number of amendment, and I hope that it is sions and increase the efficiency sub- words. adopted by all the Members here today. stantially. So we think this is a coun- Mr. Chairman, when I was a kid, my There could be no more important terproductive amendment, and we mother always told me to work smart- amendment. In fact, if the President would hope Members would vote er, not harder. For the largest part of was ever going to veto a bill, I would against it. the 20th Century, the United States has hope it would be over an issue like this, Mr. DOYLE. Mr. Chairman, I move to worked harder, not smarter. We have because it is so directly related to the strike the requisite number of words. fought making automobiles more effi- future of our relationship between en- Mr. Chairman, I rise against the Fox- cient, we have fought making homes ergy and the environment. Skaggs amendment. The committee’s more efficient, we have fought making Mr. SKAGGS. Mr. Chairman, will the recommendation for energy conserva- industry more efficient because we felt gentleman yield? tion is over $630 million. This is an in- we lived in a world of inexhaustible en- Mr. MARKEY. I yield to the gen- crease of 14 percent above the 1996 ergy. tleman from Colorado. level. By comparison, the other Depart- We also believed simultaneously that Mr. SKAGGS. Mr. Chairman, I appre- ciate the gentleman’s support for the ment of Energy programs in the bill, this fossil fuel or nuclear fuel which we amendment. I know the gentleman is fossil energy research, Strategic Petro- were consuming would have no impact extending his remarks to the gen- leum Reserve operations and the Naval upon the environment. Well, it turns tleman from Pennsylvania (Mr. FOX) as Petroleum Reserve operations have out that there is a negative impact on well. been decreased by 34 percent since 1996. both the economy and upon the envi- Mr. Chairman, I just wanted to make The General Accounting Office has ronment if we use fuels that are not as sure Members understood, I am sure been monitoring the use of funds in the efficient, not as smart, as those that the gentleman from Massachusetts Energy Conservation Program and re- are the best available. does, that these accounts in this bill ports that there is more than $265 mil- But what has happened over the this year have been cut by about $24 lion in funding appropriated in prior years is that the energy conservation million under fiscal year 1998, and that years for energy conservation pro- strategy, one which over the last 20 is a very important fact to keep in grams that is yet to be spent by DOE. years since the first oil shock has prov- mind. That is on top of the $630 million rec- en to be very effective as a mechanism There was some reference to the fact ommended by the committee for fiscal for having us rethink our relationship that we had increased funding here. We year 1999. with energy, still is battled by the have not. The bill proposes to cut it by I know there are those who say that forces of old energy, shall we call it, $24 million. The amendment we are of- fossil energy research is bad, but en- and that old energy is so powerful that fering would make that up plus a little ergy conservation and energy effi- notwithstanding their dominant role in bit more, but it is not as if it is any- ciency research is good. Let me remind the provision of energy in our country thing more, as the gentleman pointed my colleagues that traditional fossil and around the world, they still believe out, than a modest change. fuels will continue to account for the that they should be beneficiaries of Finally, I am sure the gentleman’s vast majority of our energy needs for handouts inside of the Federal budget. mother instructed him as well that the the foreseeable future. Improved tech- Now, what the gentleman from Colo- cheapest energy is the energy you save, nology for extracting and using fossil rado (Mr. SKAGGS) is offering this which is what this amendment is all fuels will do more to improve energy afternoon is a very modest amendment, about. efficiency and reduce emissions than one which will adjust the Federal budg- Mr. MARKEY. Mr. Chairman, re- most of the programs funded under the et in terms of our priorities so that the claiming my time, the gentleman is ab- energy conservation account. energy conservation, the ‘‘working solutely correct. When we pass legisla- The advanced turbine system pro- smarter, not harder’’ strategy which tion out here mandating better appli- gram has great potential for improving does not get the rest of the subsidies, ance standards, after all, what is a util- efficiency and lowering emissions. The the rest of the benefits that the other ity? What is a coal or oil or nuclear portion of this program that has tradi- more powerful energy industries in power plant? All it is is the combined tionally been funded in the energy con- America receive, move just a little bit demand of refrigerators and stoves and servation account receives great sup- of this money, just a very small toasters. If we make them more effi- port; however, the portion tradition- amount of the money over into this cient, we reduce the need for us to have ally funded in the fossil energy account agenda. This is ultimately the way in to pollute the atmosphere for the chil- does not. That just does not make which, it seems to me, we should be dren of the next generation. Support sense. wanting to deal with Kyoto, that we the Skaggs amendment. Again, we have that old false argu- should be wanting to deal with this Mr. REGULA. Mr. Chairman, I move ment: fossil is bad, conservation is global warming issue. to strike the requisite number of good. The fossil energy research pro- Mr. Chairman, the CO2 that is emit- words. gram, the Strategic Petroleum Reserve ted up into the atmosphere is a rel- Mr. Chairman, I think it is very im- operation and the Naval Petroleum Re- atively small percentage, yes, of the portant that we get the facts out. The serve operation have all tightened overall atmospheric gasses, but be- committee has heard all of this and we their belts. They are focused; they have cause it creates a cover over our sky, it made a balanced judgment. We already streamlined their operations and sub- creates a greenhouse effect, as the have $265 million in that account for stantially reduced their appropriations earth’s warming sends up these rays efficiency from prior years that is requirements over the past 3 years. which then are reflected back down. unspent. You add that to the fact that On the other hand, the energy con- Now, how long do we want to go? in our bill efficiency gets twice as servationists have displayed an atti- How many weather forecasts are we much as fossil research. With the $265 tude that ‘‘we want to continue to do going to have to see before we begin ac- million that is unspent, energy effi- everything we have done in the past, tually investing in an alternative ciency would have three times as much and any new programs that require strategy; not displacing the old strat- as fossil.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6012 CONGRESSIONAL RECORD — HOUSE July 21, 1998 We need balance. Obviously the com- curity, because petroleum is essential ference with the Senate we may be able mittee does not quarrel with effi- to every facet of life. to reach agreement on some slight in- ciency, or we would not have given Therefore, I think it would be very creases in both of these accounts. It double the amount of money to effi- unwise as national policy to not just will not be a great deal, I am sure, but ciency that we gave to fossil. But, on double efficiency, but because of the we are about $75 million under what the other hand, we want to have some $265 million in unspent funds, we would the Senate has appropriated in these 2 security. triple it. areas. I think that the Chairman might We are spending $200 million a year b 1600 be able to figure some way to squeeze on the Strategic Petroleum Reserve an extra few million into these ac- I think it ought to be 50–50, frankly. and the oil that is there. Why? To be counts as the bill comes out of the con- Fifty percent on efficiency, 50 percent secure from oil shortfalls from the ference so we can come a little bit clos- on fossil, and perhaps we should have Middle East. We fought a war called er to the Senate figures. This is what I an amendment that takes some out of Desert Storm. Do you think we would am going to urge and I think it is a energy efficiency and puts it in fossil. reasonable approach. have been there had there not been oil Mr. Chairman, we have tried to under the desert? No way. I would be very concerned if I had to strike a reasonable balance in the com- make a judgment between how to di- So there are a lot of factors that mittee, and the Members endorsed this have to be considered. Obviously effi- vide scarce dollars between these two policy as we have it today. I urge the accounts, because both of them are ciency is important, but security is Members to vote ‘‘no’’ on this amend- also important. very important to me. We have had to ment. Vote for security in terms of our face a situation where the committee I am struck by the fact that for every access to petroleum domestically, our barrel of oil we take out, we leave two has recommended considerably less access to the more efficient way to use than the President has recommended in the ground. Now, with research on our coal resources, and at the same fossil energy, we will improve that for both of these accounts. If I had my time recognize that we have a balance way, I would accept what the President record. If we could just get two barrels in terms of efficiency. out for every barrel we leave in the recommends on both of these accounts. I think the bill is a common sense, However, I am unlikely to have my ground, we would have a lot more oil, responsible approach, and I urge Mem- way. and we would be a lot less dependent on bers to vote ‘‘no’’ on the Skaggs-Fox Mr. SKAGGS. Mr. Chairman, will the foreign sources for petroleum. amendment. gentleman yield? It is a matter of balance. Efficiency Mr. BROWN of California. Mr. Chair- Mr. BROWN of California. I yield to is great, but I likewise say fossil re- man, I move to strike the requisite the gentleman from Colorado. search is great. Some of the money number of words. Mr. SKAGGS. Mr. Chairman, I have that would be in the Skaggs amend- (Mr. BROWN of California asked and enormous respect for the gentleman’s ment and the Fox amendment would go was given permission to revise and ex- analytic insights in all of this and was to the big three auto makers. Do you tend his remarks.) privileged to serve on his committee think they need to have additional Mr. BROWN of California. Mr. Chair- for a few years, so I hesitate to chal- money to do research so they can make man, I had not originally intended to lenge him in this respect. their vehicles more efficient? We found speak on this amendment because it in- Mr. BROWN of California. Mr. Chair- out that simply by mandating the volves dear friends on both sides of the man, the gentleman hesitates, but he miles per gallon, that we are getting issue. But I had intended to speak on will go ahead. the efficiency and competition from the importance of the fossil energy Mr. SKAGGS. But I will go ahead, around the world that has brought that R&D programs which, in the Commit- Mr. Chairman. about. They do not need to have addi- tee on Science, which I have the privi- I assume the gentleman does recog- tional subsidies. lege of serving on, we have consistently nize that we are already getting huge Where does this money come from? tried to support over the years. We payoffs, real money, real energy saved For those of you that are concerned have recognized the value of increased presently from the conservation and ef- about the environment, it comes out of efficiency brought about by research ficiency efforts, whereas the prospects the Bureau of Land Management’s Wild on fossil energy. for eventual savings down the road for Horse and Burro Program. That pro- I am also one of the greatest expo- some of these other programs in the gram has enough problems without re- nents of energy conservation R&D be- fossil area are just that. We believe ducing their funding. Instead of taking cause I understand the importance of they will produce these results, but money out of that, we ought to see how saving energy. they really do not have anything like we can better manage the BLM wild So what we have here is a situation the track record on energy saved pres- horse program. It takes money out of which requires balance. Now, on bal- ently that we are able to get from the turbine program. Why are we ance, I am inclined to support the posi- these dollars going into conservation. Mr. BROWN of California. Mr. Chair- spending money on turbine research? tion taken by the chairman of the com- man, I appreciate the gentleman’s So we can use our fossil energy sources mittee. I would point out that what he point of view on this, and I would not more efficiently. has had to do in the House is to take a quarrel with it, but I would point out Anyone will tell you we are going to substantially smaller allocation than that there are other factors here. The be dependent on coal, we are going to in the Senate and make that allocation gentleman from Massachusetts (Mr. be dependent on petroleum, we are cover in some reasonable way a number MARKEY), in his usual eloquent way, going to be dependent on the fossil of accounts which have to be covered. pointed out that we have a situation sources. So let us concentrate on not Now, obviously, his decision is some- here where energy conservation is only efficiency, but how to make fossil what short of absolute perfection, but I being battled by the forces of old en- energy more efficient, in getting it out am not sure that we have the wisdom ergy, old energy being of course fossil of the ground and making it available. in this body to achieve absolute perfec- energy. Well, being sort of old myself, The turbine program is very effec- tion. I think I tend to come down on the side tive, as the gentleman from Pennsyl- Mr. Chairman, I would point out, as of the forces of old energy. There are vania (Mr. MURTHA) has pointed out. the gentleman from Ohio (Mr. REGULA) some old people working in these old The other programs in fossil I think said, that the allocation for fossil en- energy fields that need jobs. are giving us a better handle on re- ergy R&D only represents half as much The CHAIRMAN. The time of the sources. as the allocation for energy conserva- gentleman from California (Mr. BROWN) When you look down the road with a tion, and it may not be wise to take has expired. growing economy and a growing popu- even more from fossil energy R&D in (By unanimous consent, Mr. BROWN lation, the need for fossil resources will order to increase some of these very of California was allowed to proceed for be much larger, and if we do not put valuable energy conservation R&D pro- 1 additional minute.) money in fossil research, we are going grams. Mr. BROWN of California. Mr. Chair- to become more and more dependent on I would suggest that we focus on an man, there is a matter of the social dis- other nations, other sources, for our se- end-game strategy whereby in con- location caused by the impact of what

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6013 we are spending here, and I recognize ing programs that try to demonstrate As the program has progressed, the that, as I think all of us should recog- that government is compassionate and developers who moved forward have nize, that in the long run, fossil energy can appreciate the problems of those been expected to pick up larger and is what we may have to depend upon who are in special circumstances is larger shares of the costs. As the con- when all of the more esoteric forms of very important, and the gentleman cepts have matured, industry’s cost- energy have contributed as much as from Pennsylvania (Mr. FOX), has done sharing has exceeded 60 percent. Al- they can to our economy. that. I think it is also very important though industry now provides the Coal, as a practical matter of fact, is to encourage the type of research into major funding, our government’s com- still the largest source of energy that energy conservation that we are call- mitment must be honored. we have in this country or in the world, ing for here. If Congress withdraws its support, and we might as well learn to get the Mr. REGULA. Mr. Chairman, will the U.S. leadership in this field will be absolute, most effective use of that gentleman yield? jeopardized. It is possible the program coal in the long run without neglecting Mr. BOEHLERT. I yield to the gen- can be completed without government of course the importance of saving en- tleman from Ohio. backing, but no one knows how long ergy, which I cannot quarrel with. Mr. REGULA. Mr. Chairman, would that would take, and we would run the Mr. SKAGGS. Mr. Chairman, will the not the gentleman agree, though, that risk of having this program caught up, gentleman yield? if we spend 3 dollars on conservation passed up by foreign competition. Mr. BROWN of California. I yield to efficiency, for every 1 dollar we spend But if we honor our commitment, the gentleman from Colorado. on fossil research, that that is a pretty when the program is completed, we will Mr. SKAGGS. Mr. Chairman, our hefty balance in favor of efficiency. have the best turbine in the market. amendment does not touch coal. They have to go together, because the Government support is still a critical Mr. BROWN of California. I accept boilers, for example, will allow us to part of this program. It is still a part of that. Now let us get together and fight burn coal, get more Btus out of a lump our commitment of 1992, and therefore, to get a little bit more money for these of coal, and it gives us more security I urge my colleagues to oppose the accounts when we go to conference rather than depending on imports. We amendment. with the Senate, and I trust the gen- are faced with 60 percent of our petro- Mr. DAVIS of Florida. Mr. Chairman, I rise tleman from Colorado (Mr. SKAGGS) leum coming from offshore here in the in support of the Skaggs amendment on en- will be a conferee. very near future, and we do not want ergy efficiency and conservation programs. Mr. BOEHLERT. Mr. Chairman, I that to happen. I appreciate the difficulty in balancing the move to strike the requisite number of Mr. BOEHLERT. Mr. Chairman, that critical needs of our country in preparing the words. is a cause for real concern, and as my Interior Appropriations Bill for Fiscal Year Mr. Chairman, I do so to express in dear friend and colleague knows, I have 1999. However, today I rise in strong support the strongest possible terms support been a supporter of the clean coal tech- of the Skaggs amendment to restore much for the Fox-Skaggs amendment which nology program that some of my needed funding for our country's energy con- will restore needed funds for energy friends who probably were labeled servation programs. Of particular interest to conservation programs, including low- green are somewhat offended by that, my home state of Florida is the recommended income weatherization. That is very and I never could quite understand the $10 million increase in funding for building important, if one comes from the logic. technologies. northeast part of the United States. But let me say in terms of this The windows and glazing programs, which Even with these added funds, the pro- amendment, this bill here today, the is funded through the Building Technology grams will still be funded at signifi- gentleman from Pennsylvania (Mr. Category, provides funding for a promising cantly lower levels than they were 4 FOX), and the gentleman from Colorado new technology with enormous energy saving years ago. (Mr. SKAGGS), have done an outstand- potential for the commercial windows market. Now, I know it is not easy to be in ing job. They deserve our support. I am hopeful that the Skaggs amendment will the position of the gentleman from Mr. MOLLOHAN. Mr. Chairman, I lead to a funding increase in the windows and Ohio (Mr. REGULA), as the chairman, to move to strike the requisite number of glazing programs, which would allow the fur- deal with all of the competing requests. words. ther development of plasma enhanced chemi- I think he has done a magnificent job Mr. Chairman, I must rise in opposi- cal vapor deposition (PECVD) techniques for overall, but I think the bill needs a lit- tion to the gentleman’s amendment. electrochromic technologies. This technology tle tweaking and I would think that he However well-intentioned, the gentle- provides a flexible means of controlling the would not mind a little tweaking. men’s turbine research offset is unfor- amount of heat and light that pass through a These programs are needed now more tunate. glass surface providing significant energy con- than ever before. We are actually more In 1992, the Federal Government en- servation opportunities. The Department of dependent today in 1998 on foreign oil tered into a commitment with the Na- Energy estimates that placing this technology than we were at the time of the Arab tion’s gas turbine developers to develop on all commercial building windows in the oil embargo, and we know even more a new generation of turbine. It would United States would produce yearly energy how burning fossil fuels can harm the break through the temperature bar- savings equivalent of the amount of oil that environment. That is a serious consid- riers that limit today’s turbines; it passes through the Alaskan pipeline each eration, and we are in a more competi- would be more efficient, it would be year. tive economic environment, which more economical, and it would be much In recognition of the importance of this tech- makes efficiency of the essence. cleaner, so clean that it could be placed nology, the State of Florida has provided over These conservation programs take a in the most environmentally con- $1.2 million toward the advancement of sensible approach to addressing those strained regions of the country. PECVD techniques for electrochromic applica- needs. They do not mandate any ac- Together, government and industry tions. The program is being undertaken in tions; they underwrite efforts that cre- took the risk, and it is about to yield conjunction with the University of South Flor- ate new methods to save energy, help terrific results. The United States is on ida and utilizes the expertise and patented get those methods put into practice, the verge of having turbine technology technology of the National Renewable Energy and particularly important, help poor that no competitor can touch. In the Laboratory in Colorado. The State of Florida's Americans take advantage of these coming year, the first prototypes will program has made significant progress toward methods. be assembled. In the year 2000 they will making electrochromic windows a reality. This Mr. Chairman, I urge my colleagues be tested, fulfilling the government’s program is an excellent example of successful to do what they have done in the past 1992 commitment. By 2001, the United technology transfer from a national laboratory and restore funding for these impor- States will be building and using a tur- as well as an example of a successful public/ tant programs. Let me commend the bine that will be superior to any other private partnership. gentleman from Pennsylvania (Mr. in the world. Once that is done, our Na- The Florida program is consistent with in- FOX), particularly. He has been a real tion will have a large share of what is dustry priorities and goals of the Department leader in this effort since he first came expected to be a huge and growing mar- of Energy's windows program. Earlier this to the Congress, and I think emphasiz- ket for advanced turbine technologies. year, twelve other members of the Florida

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6014 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Congressional Delegation joined me in send- Sadly, infected trees will have to Experts tell us this invader could ing a letter to Chairman REGULA and Ranking come down. In parts of New York City, wreak the same kind of destruction in Member YATES in support of PECVD funding the site of an early infestation last Chicago and, if allowed to spread, pose to help further the development of this impor- year, more than 1,000 trees were felled a threat to hardwood forests around tant technology. A significant portion of our to prevent the beetle’s spread. The Fed- the country. country is experiencing the hottest summer on eral Government provided technical Because this problem was just discov- record, I believe this only helps illustrate the support and $500,000 in assistance to ered, we did not have time to work importance of our conservation programs. New York with replanting efforts in af- with the subcommittee to find a way to Mr. Chairman, I thank Mr. SKAGGS for his fected communities. address this issue. But we would appre- commitment to energy conservation in his Mr. Chairman, I urge us to do the ciate any effort that the chairman years in this House, and I urge my colleagues same in Illinois. The amendment I in- could make as this bill goes to con- to join me in support of the Skaggs amend- tended to offer would have appro- ference with the other body to find ment. priated $1 million for beetle eradi- funding or a way to help the City of The CHAIRMAN pro tempore (Mr. cation and the replacing of trees in in- Chicago address this problem. PEASE). The question is on the amend- fected areas. I feel strongly that our Mr. GUTIERREZ. Mr. Chairman, re- ment offered by the gentleman from potential spread of this foreign in- claiming my time, I will not offer my Colorado (Mr. SKAGGS). truder and the danger it poses to our amendment today, but instead will ask The question was taken; and the urban ecology warrant Federal assist- that the honorable gentleman from Chairman announced that the ayes ap- ance to avert ecological disaster. Ohio (Mr. REGULA) chairman of the peared to have it. Our memory of past ecological disas- Subcommittee on Interior of the Com- Mr. REGULA. Mr. Chairman, I de- ters should serve us well in rising to mittee on Appropriations, encourage mand a recorded vote. the challenges presented by the Asian the Forest Service to consider the situ- The CHAIRMAN. Pursuant to House Longhorn. As all baby boomers remem- ation in Chicago concerning the Asian Resolution 504, further proceedings on ber, our Nation’s trees were visited by Longhorn beetle infestation, and urge the amendment offered by the gen- another alien pestilence in the 1960s. the Forest Service to devote necessary tleman from Colorado (Mr. SKAGGS) During that decade, Dutch Elm Disease resources to eradicate the beetle and will be postponed. killed hundreds of thousands of grace- Mr. GUTIERREZ. Mr. Chairman, I help the City of Chicago quickly re- ful elm trees in cities and towns move to strike the last word for the place the trees lost during this under- throughout America. The quality of purpose of entering into a colloquy taking. life was diminished. Property values The CHAIRMAN. The time of the with the gentleman from Ohio (Mr. declined. gentleman from Illinois (Mr. GUTIER- REGULA), chairman of the committee. Mr. Chairman, today I intended to Since that period, many urban areas REZ) has expired. offer an amendment to provide funding have never recovered their forestry re- (On request of Mr. DICKS, and by to prevent the spread of a serious sources. We can ill afford another unanimous consent, Mr. GUTIERREZ was threat to our Nation’s urban ecology. blight of this nature. allowed to proceed for 1 additional In Chicago, an aggressive tree plant- Action to stem the incursion of these minute.) ing program works to make the city Mr. REGULA. Mr. Chairman, will the pests is required immediately if we are green once again. The Asian Longhorn gentleman yield? to control and isolate this ecological beetle threatens to derail our commu- Mr. GUTIERREZ. I yield to the gen- hazard. Humans are not directly threatened nity’s effort to make a beautiful, eco- tleman from Ohio. by this insect; nevertheless, the flora logically safe landscape. Mr. REGULA. Mr. Chairman, I might that makes our communities livable Stopping this pest before it spreads say to the gentleman from Illinois, I and aesthetically pleasing places to in- and replacing the trees lost to accom- am very sympathetic because Ohio’s habit is imperiled. plish this goal are enterprises worth elms have been devastated by the The Asian Longhorn is a tree killer. funding by Congress. Future genera- Dutch Elm disease, which is an infesta- The beetle prefers to gestate in the tions will thank us for our foresight. tion carried by beetles. The gentleman leafy, deciduous trees that line roads Mr. BLAGOJEVICH. Mr. Chairman, understands that limited resources are and avenues in urban and suburban will the gentleman yield? available to the Forest Service for this neighborhoods. In killing our trees, the Mr. GUTIERREZ. I yield to the gen- purpose. However, I recognize the beetles implant their larvae in the tleman from Illinois. threat posed by the Asian Longhorn Mr. BLAGOJEVICH. Mr. Chairman, I bark of healthy trees. The larvae feeds beetle, and we will encourage the For- thank the gentleman from Illinois (Mr. off the tree’s wood to grow, eventually est Service to examine this situation, GUTIERREZ) for yielding me this time. felling their hosts, and then moving on along with other similar problems, be- Mr. Chairman, it was in the early to repeat this devastating cycle else- cause one of the things that makes our 1960s, I think 1963 or 1964, that the where. cities beautiful are the trees. The ability of this insect to multiply United States was invaded by Beatles Mr. GUTIERREZ. Mr. Chairman, I and spread rapidly throughout our en- from abroad. It was a different kind of thank the gentleman from Ohio (Mr. tire region is what makes the prompt ‘‘beetle’’ back then. Now, we have bee- REGULA), the chairman of the Sub- action of our government, in conjunc- tles in the congressional district that I committee on Interior of the Commit- tion with local authorities, so nec- represent. Asian Longhorn beetles. tee on Appropriations. essary. Currently, a 12-block area on Mr. Chairman, let me echo some of The CHAIRMAN pro tempore (Mr. Chicago’s north side has been infected the comments that the gentleman from PEASE). The Clerk will read. with the Asian Longhorn. Local ecolo- Illinois (Mr. GUTIERREZ) just made. The Clerk read as follows: Last week, the Asian Longhorn beetles gists fear that the zone of infestation WILDLAND FIRE MANAGEMENT may be larger than this area and are were found infecting a dozen blocks in the Ravenswood neighborhood in Chi- For necessary expenses for fire prepared- currently conducting expansive ness, suppression operations, emergency re- searches throughout the city to iden- cago’s North Side in my congressional habilitation; and hazardous fuels reduction tify other infestations. district. City officials and scientists by the Department of the Interior, Dealing with this threat is no easy from the United States Department of $286,895,000, to remain available until ex- task. The remediation of this intruder Agriculture are still trying to deter- pended, of which not to exceed $6,950,000 shall be for the renovation or construction of requires a painful solution. The felling mine the extent of the infestation. This threat is very real. This beetle fire facilities: Provided, That such funds are of inspected trees is the only proven also available for repayment of advances to means of preventing the spread of came to the United States in wooden packing crates from Asia. A few years other appropriation accounts from which Asian Longhorn throughout America. funds were previously transferred for such ago the Asian Longhorn beetle turned b 1615 purposes: Provided further, That unobligated up in New York. It killed thousands of balances of amounts previously appropriated To date, there is no known usable trees and cost more than $4.3 million to to the ‘‘Fire Protection’’ and ‘‘Emergency pesticide to eradicate the beetles. kill them. Department of the Interior Firefighting

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6015 Fund’’ may be transferred and merged with ties in 49 States to pay more in local deficit reduction. Over a $5 trillion na- this appropriation: Provided further, That property taxes than they should be tional debt; this amendment begins to persons hired pursuant to 43 U.S.C. 1469 may paying because the Federal Govern- address that issue. The funds would be be furnished subsistence and lodging without ment has fallen very far behind in its transferred and offset from the Fossil cost from funds available from this appro- priation: Provided further, That notwith- payment in lieu of taxes on federally Energy Research and Development standing 42 U.S.C. 1856d, sums received by a owned land. Program. Bureau or office of the Department of the In- In my own State of Vermont, over 50 In this regard, let me quote from the terior for fire protection rendered pursuant towns in our southern counties are af- report of the fiscal year 1997 budget to 42 U.S.C. 1856 et seq., Protection of United fected, including Bennington, Rutland, resolution, the Republican resolution. States Property, may be credited to the ap- Addison, Windham, and Windsor Coun- And this is what that resolution says, propriation from which funds were expended ties. This amendment addresses the and I quote: to provide that protection, and are available overall problem of underfunded pay- The Department of Energy has spent without fiscal year limitation. ments in lieu of taxes by increasing billions of dollars on research and de- CENTRAL HAZARDOUS MATERIALS FUND funding for this program by $20 mil- velopment since the oil crisis in 1973 For necessary expenses of the Department lion, from $120 to $140 million. triggered this activity. Returns on this of the Interior and any of its component of- Mr. Chairman, in real dollars, PILT investment have not been cost-effec- fices and bureaus for the remedial action, in- payments to counties and towns all tive, particularly for applied research cluding associated activities, of hazardous and development which industry has waste substances, pollutants, or contami- across this Nation have been decreas- nants pursuant to the Comprehensive Envi- ing for a very long time. In real dollars ample incentive to undertake. Some of ronmental Response, Compensation, and Li- since 1980, appropriations for payment this activity is simply corporate wel- ability Act, as amended (42 U.S.C. 9601 et in lieu of taxes have decreased by near- fare for the oil, gas, and utility indus- seq.), $10,000,000, to remain available until ly $60 million, a one-third decline. And tries. Much of it duplicates what indus- expended: Provided, That notwithstanding 31 while this amendment will not rectify try is already doing. Some has gone to U.S.C. 3302, sums recovered from or paid by by any means the entire problem, it fund technology in which the market a party in advance of or as reimbursement will at least allow communities around has no interest. End of quote. for remedial action or response activities That is the Republican budget resolu- conducted by the Department pursuant to this country to know that we under- stand their problem and that we are tion, not BERNIE SANDERS. section 107 or 113(f) of such Act, shall be I should mention, Mr. Chairman, that making some real attempts to address credited to this account to be available until over the years we have put $15 billion expended without further appropriation: Pro- it by appropriating an additional $20 into fossil energy programs. That is a vided further, That such sums recovered from million. lot of money. or paid by any party are not limited to mon- Mr. Chairman, I should add that the etary payments and may include stocks, Let me conclude by saying this. This authorization level for PILT today is amendment is endorsed by the Na- bonds or other personal or real property, approximately $257 million, over twice which may be retained, liquidated, or other- tional Association of Counties, by the wise disposed of by the Secretary and which the appropriation level. In other words, Taxpayers for Common Sense, by shall be credited to this account. the authorizers understand the prob- Friends of the Earth, by Rural Public CONSTRUCTION lems facing the communities, but un- Lands Council, by the Sierra Club, by For construction of buildings, recreation fortunately in recent years the appro- USPERG and Public Citizens. facilities, roads, trails, and appurtenant fa- priation process has not followed suit. This amendment is good environ- cilities, $6,975,000, to remain available until Mr. Chairman, the PILT program was mental policy and it is good public pol- expended. established to address the fact that the icy in the sense that it tells commu- PAYMENTS IN LIEU OF TAXES Federal Government does not pay taxes nities all over America that we are For expenses necessary to implement the on the land that it owns. These Federal going to pay our bills. Act of October 20, 1976, as amended (31 U.S.C. lands can include National Forests, Na- Mr. LEWIS of Kentucky. Mr. Chair- 6901–6907), $120,000,000, of which not to exceed tional Parks, Fish and Wildlife Ref- man, I move to strike the last word. $400,000 shall be available for administrative uges, and land owned by the Bureau of Mr. Chairman, I rise today in support expenses: Provided, That no payment shall be Land Management. of this amendment to help accomplish made to otherwise eligible units of local gov- Like local property taxes, PILT pay- what I believe is long overdue, to begin ernment if the computed amount of the pay- ments are used to pay for school budg- ment is less than $100. addressing an inequity to the tax- ets, law enforcement, search and res- payers in over 1,700 counties whose AMENDMENT NO. 6 OFFERED BY MR. SANDERS cue, fire fighting, parks and recreation, homes are located near lands owned by Mr. SANDERS. Mr. Chairman, I offer and other municipal expenses. the Federal Government. an amendment. Mr. Chairman, this is the important In fiscal year 1998 my home State of The CHAIRMAN pro tempore. The point that I think has to be made. Kentucky is anticipating an estimated Clerk will designate the amendment. There has been a lot of talk in this decrease of $62,000 in PILT funding to The text of the amendment is as fol- body in recent years about fiscal re- eligible county governments. While I lows: sponsibility and about devolution, re- do not doubt the benefits of continued Amendment No. 6 Offered by Mr. SANDERS: spect for counties, towns, and cities; investments in fossil fuel develop- In the item relating to ‘‘DEPARTMENT saying we are the Federal Government, ments, I remind my colleagues that we OF THE INTERIOR—BUREAU OF LAND MAN- we have all the power, but you have AGEMENT—PAYMENTS IN LIEU OF TAXES’’, after are looking at an authorized program the first dollar amount, insert the following: got to respect the other agencies of that is only funded at an estimated ‘‘(increased by $20,000,000)’’. government throughout America. level of 46 percent. In the item relating to ‘‘DEPARTMENT If we are serious about these con- In my own district, it is difficult to OF ENERGY—FOSSIL ENERGY RESEARCH AND cepts, then it is time for Congress to justify to the good citizen of Edmonson DEVELOPMENT’’, after the dollar amount, in- pay its bills. That is what this issue is County, the home of Mammoth Cave sert the following: ‘‘(reduced by $50,000,000)’’. about. The U.S. Government owns National Park, that it must accept a Mr. SANDERS. Mr. Chairman, this property and we should begin making decrease in PILT funds while the Con- tripartisan amendment is also sup- the payments in lieu of taxes that we gress continues to fund $320 million to ported by the gentleman from Ken- are supposed to. research activities and programs that tucky (Mr. LEWIS), the gentleman from Mr. Chairman, this amendment ought to be borne mostly by the pri- Minnesota (Mr. OBERSTAR), the gen- would begin to address the unfunded vate sector. tleman from Utah (Mr. CANNON), and mandate by increasing the payments in The fact is PILT funding is critically the gentleman from Michigan (Mr. lieu of taxes program to approximately important to county governments that STUPAK), and does two important where it was 10 years ago. That is all must rely on these annual payments to things that I believe most Members of we are trying to do. provide many basic services to their this body agree with. Mr. Chairman, the $50 million that citizens, from education to solid waste First, it deals with a very serious we are using for these purposes, the management. problem of underfunded mandates, of purposes include $20 million for pay- These services, by the way, often forcing citizens in close to 1,800 coun- ment in lieu of taxes, $30 million for benefit the Federal lands and facilities.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6016 CONGRESSIONAL RECORD — HOUSE July 21, 1998 In fact, Edmonson County today is pro- We now have the technology to con- search and rescue, solid waste manage- viding a costly 24-hour ambulance serv- vert coal and waste coal into liquid ment, road maintenance, and other ice for the National Park Service, as fuels; however, that needs to be per- health and human services that need to well as its own residents. fected. As was mentioned many times be provided on Federal property. With- Unfortunately, Edmonson County during the debate on the last amend- out adequate funding for this program, was one of 56 counties in my State of ment, we have between 300 and 500 mil- rural counties will struggle to provide Kentucky that experienced a decrease lion years of coal reserves right here in these vital services. in PILT payments in 1997. With an an- the United States. That is more in coal Mr. Chairman, if the Federal Govern- nual budget of $629,000, a cut of $3,000 reserves than the rest world has in oil ment was required to pay taxes on the translates into either reduced public reserves. I ask my colleagues to think property it owns like any other indi- services or higher local taxes. In a about that. vidual or corporation, it would have county with a per capita income of less Mr. Chairman, if we are going to be been delinquent a long time ago for than $7,200, the importance of PILT dependent upon our coal reserves, we failure to pay taxes. The Federal Gov- funds cannot be overestimated. need to invest in research and develop- ernment has decided that it is in the These dollars are stretched to help ment so we can perfect technologies best interest of this Nation to own and pay county employees’ salaries, admin- that we already know and so we can be protect and to keep certain land. This istrative expenses, and the modest sal- looking into the next century to find does not mean that we must penalize aries paid to the local magistrates. At alternative uses for the huge coal de- our local communities because they a time when Congress is encouraging posits that we have in this country. have the fortune that the Federal Gov- State and local governments to accept b 1630 ernment has jurisdiction over these more responsibility, an increase of lands. It is irresponsible for the Fed- PILT payments becomes more essen- I am very proud to represent north- eral Government to take these lands tial to help provide public services and eastern Pennsylvania, where we have off the tax roles and then not justly much-needed relief to local taxpayers the largest anthracite coal deposit in compensate these local communities. in Edmonson County and the thousands North America, arguably the largest Mr. Chairman, this is only a small in- of other counties in which Federal deposit in the world. It is a high Btu, crease in the PILT program, but its im- lands are located. low sulfur fuel that we cannot continue pact and importance to rural counties However, let me assure my col- to turn our backs on by reducing the is tremendous. In fact, Mr. Chairman, leagues that the case of Edmonson investment in research and develop- 49 of the 50 States receive PILT pay- County is not a unique situation. With- ment in fossil fuels. Because, quite ments. I urge my colleagues to cast a out the increased funding proposed in frankly, that is what we have been vote for equity by voting in favor of the Sanders amendment, hundreds of doing over the last several appropria- this amendment. county governments will again be tion cycles. Mr. Chairman, once again I wish to shortchanged by the Federal Govern- So I encourage all my colleagues to thank the gentleman from Vermont for ment. In the current fiscal year, an es- reject this amendment, to continue to his authorship of this amendment. timated 190 counties will have to ab- invest in our own natural resources so Mr. SANDERS. Mr. Chairman, will sorb cuts in PILT funding greater than we can be prepared for the next cen- the gentleman yield? $100. Even worse, 11 States will see re- tury. Mr. STUPAK. I yield to the gen- ductions of $1,000 or more. Mr. STUPAK. Mr. Chairman, I move tleman from Vermont. I want to remind my colleagues that to strike the requisite number of Mr. SANDERS. Mr. Chairman, I the Payments in Lieu of Taxes Act words. thank the gentleman for yielding, and calls on the Federal Government to Mr. Chairman, I would like to thank I just want to add one point. compensate local governments to off- my colleagues, the gentleman from The subsidies for fossil fuels are tar- set losses in property taxes due to Fed- Vermont (Mr. SANDERS), the gentleman geted in the Green Scissors 1998 report, eral ownership of lands within their from Minnesota, (Mr. OBERSTAR), the which is supported by organizations boundaries. The 105th Congress now has gentleman from Kentucky (Mr. LEWIS), representing more than 8.5 million en- the opportunity to finally honor that and the gentleman from Utah (Mr. vironmentalists, taxpayers and deficit commitment and to help reduce our CANNON) for their hard work and dili- hawks. So this is a popular concept deficit. A vote for the Sanders amend- gence on this issue. that we are addressing, and I thank the ment is a vote for taxpayer fairness. Mr. Chairman, as a cosponsor I rise Mr. HOLDEN. Mr. Chairman, I move gentleman from Michigan (Mr. STUPAK) in strong support of this amendment, to strike the requisite number of for his strong support. which would restore desperately needed words. Mr. HERGER. Mr. Chairman, I move Mr. Chairman, I rise in opposition to funding for the PILT program. Each to strike the requisite number of words the amendment, not because of the year thousands of counties across the to speak in support of the Sanders merits of the proposal put forth by the Nation lose out on millions of dollars amendment. sponsors but because of the offsets that in property tax revenue simply because Mr. Chairman, this amendment in- they are proposing. the Federal Government owns the creases payments in lieu of taxes fund- They are proposing $50 million in re- property. In my district, the Federal ing for counties and schools by $20 mil- ductions in the Fossil Fuel Research Government owns large portions of the lion for fiscal year 1999. More than 20 and Development Program. I say, Mr. land. For example, approximately 70 years ago this Congress recognized a Chairman, we in this country are de- percent of Gogebic County is in the Ot- serious inequity that existed in areas pendent upon research and develop- tawa National Forest. containing a high percentage of Fed- ment in our fossil fuel program. We Since the Federal Government does eral property. Because the Federal have a tremendous problem in this not pay property taxes on its own land, Government does not pay taxes on its country in that we are dependent upon the PILT program was established to own property, these areas were left foreign oil. My colleague, the gen- compensate our counties for the land without any source of funding to pro- tleman from Pennsylvania (Mr. MUR- the Federal Government owns. Since vide for local schools and county serv- THA), highlighted that a few moments its adoption in 1976, the PILT program ices. ago. has neither kept pace with its author- In 1976, we attempted to correct this In the United States we purchase 6.8 ized funding level nor with the true inequity and provided funding in the billion barrels of oil per year. Half of cost of providing services in support of form of payments in lieu of taxes, or that is imported. That situation is Federal lands. In fact, the PILT pro- PILT payments. However, since provid- probably only going to get worse with gram is currently funded at less than ing these payments, this Congress has the recent discovery of oil in the Cas- half of its authorized level. failed to fully fund the PILT program. pian Sea. We should not be reducing re- Rural counties rely on PILT pay- Each year 1,789 communities in 49 search and development into our fossil ments to provide essential services, States lose needed Federal payments fuel program; we should be increasing such as education, law enforcement, due to the failure of the Federal Gov- it. emergency fire and medical research, ernment to appropriately compensate

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6017 these communities for lost property remarks. I would just mention, Mr. Renewable fuel research, solar, wind, tax revenue on federally owned lands. Chairman, that in terms of the offset geothermal, nuclear, and a lot of other The Sanders amendment corrects this that we are talking about, fossil energy options make a lot of sense too, and I shortcoming and provides an increase programs have received over $15 billion think we should do more work in those of necessary funding for communities in 1995 dollars in Federal funding since areas. But oil, natural gas and coal are in my own State of California. 1974. what our domestic energy distribution To put this into perspective, many of Maybe it is about time we pay atten- is currently based on, and that fact is the areas that will receive this funding tion to the counties and the small not going to change overnight no mat- were under water in January of 1997, towns in California and Vermont. ter what advancements we make in when midwinter storms caused severe Mr. DOYLE. Mr. Chairman, I move to using other energy sources. flooding. At that time the State of strike the requisite number of words. The emerging renewables, solar, wind California suffered approximately $1.8 (Mr. DOYLE asked and was given and geothermal, currently supply less billion in damage. Each of the 10 coun- permission to revise and extend his re- than 1 percent of the energy needs in ties in my district was declared a natu- marks.) the United States. I have nothing ral disaster area. The additional dol- Mr. DOYLE. Mr. Chairman, I rise in against these alternative energy lars in PILT payments are sorely need- strong opposition to the amendment sources, and I think they can help di- ed to rebuild after the serious disaster. offered by the gentleman from Ver- versify our Nation’s energy mix, but There are other reasons, however, to mont. under any realistic scenario they will support this amendment. This money The gentleman from Vermont is at- only supply a small fraction of our en- goes directly to local schools and rural tempting to increase funding for the ergy needs for the next decades. On the counties who can least afford any loss Payment in Lieu of Taxes program to other hand, our Nation is going to rely of funding. In one California county re- reimburse localities for their lost tax more and more on natural gas in the cent funding losses have forced a revenue because of national parks, future. It is a clean burning fuel, and it school district to completely cut out military installations and other Fed- can solve many of our energy and envi- extracurricular activities, including eral lands within their borders. This is ronmental problems. an important issue, and the gentleman sports and field trips, food service for But where are we going to get this from Vermont and his colleagues raise one of its elementary schools, library gas and how much are we going to pay some important arguments. I know services, two-thirds of its transpor- for it? We still need technological ad- that in my State of Pennsylvania there tation services, all fine arts programs, vancements to economically produce are some worthy local governments teacher training courses, its school the trillions of cubic feet of natural gas that are hoping to see a needed in- nurse program and all capital expendi- located in difficult-to-access geological crease in their Payment in Lieu of tures. settings within our borders, and that is Taxes. But I cannot support this If these same cuts had been made in the work that fossil fuel research is amendment because of what is being an urban and inner city area, lawsuits doing. would have been filed and services lev- cut in order to pay for this. There is also coal, our most abundant eled would have necessarily been re- The fossil energy program at the De- energy resource. I am sure most Ameri- stored. partment of Energy is very important cans do not realize that coal supplies 55 Mr. Chairman, we hear a lot of dis- for the work it does to support cost- percent of our electricity. Increasingly cussion over the need for Medicare and shared research and development to stringent environmental regulations the need to provide medical services make the energy resources we use the are making coal power generation and for many of our elderly residents. Be- cleanest and cheapest they can be. This pollution control more expensive. Inno- fore any of our citizens can receive program is not very well known, except vative, low-cost approaches to environ- Medicare or Medicaid assistance, they maybe here in the House around July mental controls are needed. The effi- first must have roads to travel on to of every year when it seems to be the ciency of power generation also needs get to the hospitals, ambulances to most convenient and popular offset for to be improved to make sure we get carry them in, when needed, and hos- a number of other important programs every bit of available energy out of the pitals to go to. By underfunding our that deserve funding. But the fossil en- coal we burn. rural counties, we have forced these ergy research at the Department of En- counties to cut back on these kinds of ergy is fulfilling the vital function of There is simply no way we can give county services. protecting our energy security, in- up the use of our vast domestic coal de- Other county services that have been creasing efficiency, and making our en- posits and yet still keep energy prices cut include search and rescue, law en- ergy use cleaner. affordable and keep our economy com- forcement, snow plowing, bridge main- Domestically, the simple fact is that petitive. That is also something that tenance and all local ground support U.S. resources, like oil, coal and natu- the fossil fuel research program is for maintenance of Federal lands. If ral gas, are the main sources we rely working on. these county services were to go away, on. The Department of Energy’s En- Finally, the amendment offered by the Federal Government would not ergy Information Administration re- the gentleman from Vermont cuts $50 have an infrastructure in place to serv- ports that 85 percent of our energy cur- million from the fossil energy research ice its public lands. When visitors get rently comes from fossil fuels. This fig- to pay for only a $20 million increase in lost on public lands, it is the county ure will go up, not down, in the coming the Payment in Lieu of Taxes program. search and rescue that comes to their years. By 2015, 88 percent of the energy The remaining $30 million would go to aid, and when visitors on public lands we consume will come from fossil fuels. deficit reduction. I would like to say need police protection, that need is Our national appetite for energy con- that I think we all know there has been filled by county services. tinues to grow and it is expected that a lot of good work on this issue of cut- Mr. Chairman, I support the Sanders by the year 2015 our energy needs will ting the deficit, and there is definitely amendment because it gives necessary grow by almost 20 percent. a lot more work to do, but the way this assistance to counties otherwise left Internationally, in the new post-Cold amendment is structured, I am con- without a source of funding. I urge my War world, I think we all know what a cerned that this may simply be a gra- colleagues to vote for public schools wide range of uncertainties that the tuitous swipe at this year’s easy tar- and county services by supporting this U.S. faces that have the potential to get, fossil energy research, depositing amendment. disrupt our energy imports. Fossil en- the $30 million in change for deficit re- Mr. SANDERS. Mr. Chairman, will ergy research helps make us make the duction. the gentleman yield? most of our domestic energy resources Fossil energy research offers tangible Mr. HERGER. I yield to the gen- as well as stretch to the maximum the benefits to the American economy and tleman from Vermont. fuels we do import. Here at home, fossil does not deserve to be viewed in this Mr. SANDERS. Mr. Chairman, I want energy is the biggest thing we have light. Fossil energy research does not to thank the gentleman from Califor- going, so we ought to make the most of deserve this $50 million cut. Mr. Chair- nia for his support and for his eloquent it. man, I urge defeat of this amendment.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6018 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Mr. OBERSTAR. Mr. Chairman, I St. Louis County’s budget has gone for 2 decades I feel they have straight- move to strike the requisite number of up $77 million since we enacted the armed, they have stiffed rural America, words. Payment in Lieu of Taxes. That is a 30- because they took lands into public The splendid argument of the gen- percent increase, even with being very ownership with a promise to pay and tleman from Pennsylvania misses the frugal. But Payment in Lieu of Taxes have never delivered in 20 years what is mark. We are not talking about fossil has not gone up at all for them. a fair Payment in Lieu of Tax pay- fuel research, we are talking about ade- And yet, when the fisherman with ment. The Federal Government today quate funding and fair funding of pay- the fish hook caught in the eye from continues to purchase private land and ment in lieu of taxes, and our amend- Iowa or Illinois who has gone up there remove it from the tax rolls and con- ment on this matter in no way is a re- to go fishing needs rescue, it is the St. tinues not to pay its fair share of taxes flection adversely on the splendid work Louis County, the Lake County and or PILT. of the chairman of the subcommittee the Cook County sheriff’s department What happens to my colleagues or I if and the ranking member of the sub- and rescue department that are going we do not pay our taxes? Our property committee. to have to send the people out to haul is sold, our taxes get paid. Maybe it is The gentleman from Ohio has done a those people out of the woods and save time for a Federal land tax sale to pay splendid job balancing all these inter- their lives. They have to be paid. Those the debt that I think is owed to rural ests. We understand the extremely dif- services have to be paid for, and we are America. The Federal Government is ficult job he has had to do, and we ap- not keeping up with the cost. the largest owner of land in America, preciate the consideration for payment St. Louis County has 3,000 miles of where we are approaching 40 percent. in lieu. We are just trying to rearrange county road to support the Superior We are the most delinquent taxpayer in the chairs on the deck of Good Ship National Forest and the Boundary Wa- the history of America. Regula here. ters Canoe Area and the Voyageurs Na- The Sanders amendment is a small Mr. REGULA. Mr. Chairman, will the tional Park. They are not getting any step in the right direction. It does not gentleman yield? increase in funds for those counties to solve the problem. And the question is Mr. OBERSTAR. I yield to the gen- provide the support services that are asked, what is the impact when land is tleman from Ohio. necessary. That is what this amend- taken out of the tax base? It is the fol- Mr. REGULA. Mr. Chairman, I would ment is all about. It is not us against lowing: It has been devastating to rural say to the gentleman, I think it is them. It is not Minnesota or Vermont America. Zero economic growth. Zero money instead of chairs. against Pennsylvania. It is all of us to- job creation. No aid for roads, water, Mr. OBERSTAR. Well, Mr. Chairman, gether. sewer, and public schools and local the money in the bank of Good Ship It is unfortunate we have had to deal services. A devastating impact. Regula, then. with this account for coal research. There are 1,789 counties involved, 49 But I was not only an author, origi- But there has been, as has been said states affected by this lack of Payment nal coauthor of payment in lieu of previously, billions of dollars in coal in Lieu of Taxes. Now, in Pennsyl- taxes. When I was administrative as- research, plenty of money for that and vania, where I come from, we pay $1.20 sistant, my predecessor, John Botnick, still plenty of money available for it. an acre. It was 60 cents in one of the actually wrote the language that be- What we are saying is, keep faith and last bills I helped get through. I had came in 1976 the payment in lieu of trust with the people who live in these sponsored it for 6 or 8 years. I gave up taxes legislation based on a very sim- national treasures to whom we said, sponsorship to get a House bill through ple, elemental principle. ‘‘We are going to help you keep pace.’’ the Senate, doubling it to $1.20. The value of lands in St. Louis Coun- Now, we own 840 million acres ap- b 1645 ty in those areas that are held in na- proximately. If we were paying $1.20, These lands: national forests, na- tional trust is 27 cents an acre, author- the bill would be in excess of a billion tional wilderness areas, national parks, ized funding under Payment in Lieu of dollars. scenic waterways, are held in trust for Taxes. If those same lands were in tim- Now, someone mentioned a few mo- all Americans to use and enjoy. But ber production, as they well should be ments ago that this included military what about the neighbors to those won- and could be, they would be valued at bases. That is not true, if my under- derful national treasures, the neigh- $2.59 an acre. standing is correct. There is impact aid bors, the communities, the people that Counties certainly take care of all which got a $40-million increase, a dif- live next to them who have to support the road and rescue and fire and safety ferent budget or different part of the the services provided for all those na- and other needs of the county to pro- budget, different appropriations bill. tional treasures? vide for all the services that would be But it is urban and suburban and it has Take a look in my own district. Cook necessary to support that activity. We been increased with some regularity County is 82 percent in public owner- are not saying return those lands to and they get $640 million. ship. Lake County is 92 percent in pub- private commercial development. We Now, as I am look at it, when we re- lic ownership. St. Louis County, which are saying keep them in national trust, move property from the tax base of is about the size of the State of Massa- but also keep our trust with the people rural America, with no chance of eco- chusetts, is 62 percent public owner- who are neighbors to those national nomic growth, military bases bring ship. That remaining small amount of lands and let them keep pace. Why jobs to the community, they bring land held in private hands has to pro- should they have to continue to dig stimulus to the community and the vide the property taxes to support the ever deeper in the property tax that spin-off is tremendous, yet we are giv- services for all those 6-million-plus stretches them too far? ing them $640 million. And that is a people who come from all over America This amendment restores a measure fairness issue. to see these great national treasures. of fairness and equity to all those For two decades we have underfunded We have debated on this floor many neighbors of these great national treas- PILT. In 1994, when PILT was reau- times the Boundary Waters Canoe Area ures. thorized, Congress developed a 5-year Wilderness in the Superior National Mr. PETERSON of Pennsylvania. Mr. phase-in to make up for the forgone Forest, land with water so pure that Chairman, I move to strike the req- revenues caused by 17 years of inflation you can paddle along and drink the uisite number of words. and they raised the authorization to water right fresh from the rivers and Mr. Chairman, I rise today to support $255.5 million for this year. Despite the lakes, and they want it preserved the Sanders amendment. The offset is those good intentions, we are still for all Americans. That is terrific. But not my first choice, but the issue of stuck at $120 million, which is inad- in order to do that, there are expensive PILT is so important, I think, to rural equate for the communities that have landfills, there are expensive sanita- America that I am supporting this been shortchanged. $135 million is tion programs that St. Louis County amendment. needed just to bring us to level fund- and Lake County and Cook County all The only thing sure in life is death ing. have to support that cost hundreds of and taxes. That is for my colleagues The Sanders amendment gives us a thousands of dollars every year. and I. But for the Federal Government, shot in the arm. I am from the East

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6019 and I know this is a Western issue, but the PILT issue does not really affect of the matter is that even those who it affects Pennsylvania and it affects the NF because they get timber pay- are proponents of nuclear energy say this country. Public land owners need ments. But it is so unfair, when we that they realize we are not going to to contribute to local services, and for have taken all of this land out of the build in our lifetime any more nuclear those of us who continue to support local tax base across this country. I am power plants. And right now we happen more and more ownership of land by arguing for it for fairness for rural to have cheap oil. So at a time when 85 the Federal Government, it is time to America. percent of the energy of this Nation is pay up. I come from the most rural district coming from fossil fuels, the question Too often issues affecting rural east of the Mississippi, and I will be is where are we going to go? America are overlooked and subse- tough on rural issues. I just think And by the year 2015, as my friend quently underfunded. I am here to say somehow this Congress has to pay up the gentleman from Pennsylvania (Mr. today, as a new Member of this Con- at some point in time and pay what DOYLE) and others have said, we pre- gress, it is no different than when I should go back to local communities. dict it is going to be up to 80 percent of went to the State senate. Rural Amer- Mr. REGULA. Mr. Chairman, if the our fuel usage from fossil fuel. We are ica has been getting the short end of gentleman would yield further, would going to see more and more nuclear the stick in a lot of ways, and this is he favor putting this public land on the power plants come off line. just one of them, because they do not market and getting it back in the pri- So if in fact global warming is a re- have the united voice of urban-subur- vate sector? ality, how are we going to deal with ban America. Mr. PETERSON of Pennsylvania. Mr. this? How are we going to develop the It is time for the Government to pay Chairman, reclaiming my time, I think kind of technology that is going to let up or turn back to the States or local there is public land owned in America, this Nation be self-sufficient? governments this public land. And if yes, that should go back. It would be Everyone wants to go after the fossil we continue to not pay our share, better served in local communities’ fuel technology. That is what is run- maybe it is time for a tax sale, where ownership, local, State government, ning this country. And, yes, I come we sell some of the Federal land to pay yes. from the coal fields of southern Ohio. I the tax base back to the local govern- I think the Federal Government come from the coal fields of southwest- ments where it should be in the first should not own 40 percent of America. ern Pennsylvania. I lived in those two place. I think we own too much land, and we States almost all of my life. My family Mr. SANDERS. Mr. Chairman, will have been accumulating it for decades, were miners of coal. And it was their the gentleman yield? and that is a policy that should labors beneath the soil of this country Mr. PETERSON of Pennsylvania. I change. that gave this energy, this cheap en- yield to the gentleman from Vermont. Mr. KLINK. Mr. Chairman, I move to ergy to this country that allowed the Mr. SANDERS. Mr. Chairman, I want strike the requisite number of words. industrial revolution to move forward. to thank the gentleman for his percep- Mr. Chairman, I was not planning on It allowed us to have the kind of life- tive remarks. He is right on the money, coming here to speak on this, but I style that we enjoy and have the power and I would again reiterate that since have to. Simply sitting back in my of- that this great country has today, be- 1974 the Federal Government has put in fice and listening to this discussion, cause they went under the earth to dig over $15 billion in fossil energy re- my feelings, and the time that I that coal. And now we want to say to search while we are shortchanging worked with the gentleman from Ver- them, forget about it. We have got a rural America. mont (Mr. SANDERS), my feelings for problem with Payment in Lieu of According to the CBO, the bene- him are of great affection and nor- Taxes. Let us forget about the coal ficiaries of the Petroleum Research mally I am on the same side. And in miners. and Development program are some of fact, as it comes to the Payment in I am going to tell my colleagues the largest multinational corporations Lieu of Taxes issue, my heart is with what. When those capitalists in other in the world, including Exxon, Chev- him. parts of the world, like the Middle ron, Conoco, Texaco, Amoco, Phillips However, when they come after the East, finally figure out how to get con- Petroleum, etc., shortchanging rural fossil research, we are in a situation trol of us, when they finally figure out America, providing corporate welfare right now, I happened to be in Kyoto how indeed they can hold us hostage for large corporations that do not need last December, and everybody is jump- like they did in the 1973 oil embargo, in it. ing up and down and screaming to us the 1979 oil embargo, I sat in those Mr. REGULA. Mr. Chairman, will the that the sky is falling, that we have to lines, as many Members here did, wait- gentleman yield? come up with alternative methods and ing for fuel. We could get fuel on odd Mr. PETERSON of Pennsylvania. I cleaner methods of providing energy. days if we happened to have an odd yield to the gentleman from Ohio. I thought that the Skaggs amend- number, in even days if we happened to Mr. REGULA. Mr. Chairman, I ask ment was interesting, because we were have an even number. We forgot about the gentleman, does Allegheny Na- talking just previous to this about the that because the price of oil has gone tional Forest get many visitors? comparison of conservation to doing down. Mr. PETERSON of Pennsylvania. Re- clean fossil fuel technology. And the b claiming my time, yes, it gets visitors. fact of the matter is, in conservation 1700 Mr. REGULA. If the gentleman we can only do so much. It takes en- But now we are going to attack the would yield further, do the visitors ergy to run the world. It takes energy fossil fuels in order to solve a problem spend a lot of money in the commu- to run industry, to run our everyday that has nothing at all to do with the nities? lives. With conservation, we can do a fossil fuels. The CHAIRMAN (Mr. LATOURETTE). lot but we can only do so much. If in fact we are worried about global The time of the gentleman from Penn- The question then is going to be warming, if we are worried about hav- sylvania (Mr. PETERSON) has expired. where will this energy come from? Will ing a certain style of life for our chil- (By unanimous consent, Mr. PETER- it be from domestic production? We dren and their children’s children, we SON of Pennsylvania was allowed to have got so much coal, and if we have have to continue to invest in this tech- proceed for 1 additional minute.) the ability, the fact of the matter is, nology. For the foreseeable future, we Mr. PETERSON of Pennsylvania. Mr. yes, we have spent a lot of money on are dependent upon these fossil fuels. Chairman, this would not affect the Al- fossil technology and we have not hit There is no way around it. legheny National Forest. The PILT the home run yet, but we are getting I wish that my friends, who have a payments do not affect the Allegheny closer and closer every day. very valid point on payment in lieu of National Forest. They affect some Just yesterday on the way down here taxes, would have come up with a dif- other land in my district. I traveled through the district of the ferent offset. I would like to be able to To the gentleman from Ohio (Mr. gentleman from Pennsylvania (Mr. support them. But what they are doing, REGULA), who I consider a good friend GOODLING). I was down at Peach Bot- I think, in my estimation is wrong- and an outstanding chairman, I think tom Nuclear Power Plant. And the fact headed, and I would urge the Members

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6020 CONGRESSIONAL RECORD — HOUSE July 21, 1998 of this House to soundly reject my Certainly, the private sector is com- necting roads on or adjacent to such grant friends’ amendment. mitted to this. They match the money lands; $98,407,000, to remain available until Mr. REGULA. Mr. Chairman, I move that we put into energy research dollar expended: Provided, That 25 percent of the to strike the requisite number of for dollar. I think it is vitally impor- aggregate of all receipts during the current fiscal year from the revested Oregon and words. tant to this Nation’s future that we California Railroad grant lands is hereby (Mr. REGULA asked and was given maintain this research in fossil. The made a charge against the Oregon and Cali- permission to revise and extend his re- new regulations are going to cost utili- fornia land-grant fund and shall be trans- marks.) ties $7 billion. You talk about cost to ferred to the General Fund in the Treasury Mr. REGULA. Mr. Chairman, I think your taxpayers if we do not give them in accordance with the second paragraph of it is important that we get the facts more PILT. They are going to pay it in subsection (b) of title II of the Act of August out. I understand the concern of my the electric bills if we do not do the 28, 1937 (50 Stat. 876). colleagues who would like to have fossil energy research. FOREST ECOSYSTEMS HEALTH AND RECOVERY more payment in lieu of taxes, but let One of the great values of fossil en- FUND me point out that their public lands ergy research is the fact that we are (REVOLVING FUND, SPECIAL ACCOUNT) generate an enormous flow of visitors, holding down the cost of gasoline at In addition to the purposes authorized in all of whom spend money and pay taxes the pump. We are holding down the Public Law 102–381, funds made available in on the purchases they make which flow cost of electricity, items that contrib- the Forest Ecosystem Health and Recovery to the respective governments. Two ute substantially to the cost of living. Fund can be used for the purpose of plan- hundred seventy-eight million visitor That is a benefit to everybody in the ning, preparing, and monitoring salvage tim- days in the Park Service, 850 million United States. We have the world’s ber sales and forest ecosystem health and re- visitor days in the Forest Service, 30 covery activities such as release from com- strongest economy today on a per cap- peting vegetation and density control treat- million visitor days in the Fish and ita basis. Why? Because we have cheap ments. The Federal share of receipts (defined Wildlife, 65 million visitor days in energy, because our industries have as the portion of salvage timber receipts not BLM. modernized, because the people in this paid to the counties under 43 U.S.C. 1181f and Let me point out something else. country work hard and they work 43 U.S.C. 1181f–1 et seq., and Public Law 103– This committee has cut fossil energy smart, as one Member said earlier. But 66) derived from treatments funded by this research by over 30 percent over the to do this we need to support the fossil account shall be deposited into the Forest past 3 years in spite of the fact that we energy research programs. I do not Ecosystem Health and Recovery Fund. have become less secure as far as our think it makes good sense in terms of RANGE IMPROVEMENTS energy needs. At the same time while national policy to reduce energy re- For rehabilitation, protection, and acquisi- we were cutting fossil research by 30 search further. We already are cutting tion of lands and interests therein, and im- percent, we were adding 18 percent to it by 30 percent over the past 3 years. provement of Federal rangelands pursuant to PILT. I understand why the Members who section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), not- It would be nice to have more PILT have public lands would like to have money obviously, but we have to strike withstanding any other Act, sums equal to 50 more money for their programs. But percent of all moneys received during the a balance. We have to be less dependent nevertheless we have to strike a bal- prior fiscal year under sections 3 and 15 of on other resources around the world. ance. That is what we have tried to do the Taylor Grazing Act (43 U.S.C. 315 et seq.) We have to make our country’s energy in this subcommittee. and the amount designated for range im- secure. None of this will mean any- I would urge Members to vote against provements from grazing fees and mineral thing if we do not have security as far this amendment. I do not think it is re- leasing receipts from Bankhead-Jones lands as the access to energy. sponsible public policy in terms of the transferred to the Department of the Inte- Electric utilities have made dramatic rior pursuant to law, but not less than 265 million Americans that would be af- $10,000,000, to remain available until ex- reductions thanks to fossil research. fected adversely by failure to continue Let me point out that the fossil re- pended: Provided, That not to exceed $600,000 a strong program of fossil energy re- shall be available for administrative ex- search is all matched. It is not all Fed- search. penses. eral money. That is the reason that the The CHAIRMAN. The question is on SERVICE CHARGES, DEPOSITS, AND FORFEITURES gentleman’s amendment puts $20 mil- the amendment offered by the gen- For administrative expenses and other lion into PILT but takes $50 million tleman from Vermont (Mr. SANDERS). out of fossil, because PILT spends out costs related to processing application docu- The question was taken; and the ments and other authorizations for use and every dollar. Fossil will be spent out Chairman announced that the noes ap- disposal of public lands and resources, for over a period of years as the research peared to have it. costs of providing copies of official public develops being matched by the private Mr. SANDERS. Mr. Chairman, I de- land documents, for monitoring construc- sector. This is not an unfunded man- mand a recorded vote. tion, operation, and termination of facilities date that we are addressing. That is an The CHAIRMAN. Pursuant to House in conjunction with use authorizations, and erroneous use of a term. This is giving Resolution 504, further proceedings on for rehabilitation of damaged property, such amounts as may be collected under Public counties money to compensate. the amendment offered by the gen- These Federal lands do not send chil- Law 94–579, as amended, and Public Law 93– tleman from Vermont (Mr. SANDERS) 153, to remain available until expended: Pro- dren off of the lands into the school will be postponed. vided, That notwithstanding any provision to system. They do generate an enormous The Clerk will read. the contrary of section 305(a) of Public Law flow of money from the visitors that The Clerk read as follows: 94–579 (43 U.S.C. 1735(a)), any moneys that come into the communities. Therefore, LAND ACQUISITION have been or will be received pursuant to I think it is important that we keep that section, whether as a result of forfeit- For expenses necessary to carry out sec- ure, compromise, or settlement, if not appro- the fossil programs going. tions 205, 206, and 318(d) of Public Law 94–579, priate for refund pursuant to section 305(c) of EPA is proposing to reduce the small including administrative expenses and acqui- that Act (43 U.S.C. 1735(c)), shall be available particulate requirement from 10 to 2.5 sition of lands or waters, or interests there- and may be expended under the authority of PM. That is .04, the diameter of a in, $10,000,000, to be derived from the Land this Act by the Secretary to improve, pro- and Water Conservation Fund, to remain human hair. How are we going to get to tect, or rehabilitate any public lands admin- available until expended. these mandates, imposed by EPA un- istered through the Bureau of Land Manage- less we continue a program of fossil re- OREGON AND CALIFORNIA GRANT LANDS ment which have been damaged by the ac- search? Keep in mind we have reduced For expenses necessary for management, tion of a resource developer, purchaser, per- it already 30 percent over the 3-year pe- protection, and development of resources and mittee, or any unauthorized person, without riod while we were increasing PILT by for construction, operation, and mainte- regard to whether all moneys collected from 18 percent. In 22 eastern and mid- nance of access roads, reforestation, and each such action are used on the exact lands western States, the regulations will re- other improvements on the revested Oregon damaged which led to the action: Provided and California Railroad grant lands, on other further, That any such moneys that are in ex- quire a reduction in ozone and smog. Federal lands in the Oregon and California cess of amounts needed to repair damage to How are we going to keep these plants land-grant counties of Oregon, and on adja- the exact land for which funds were collected operating unless we continue the re- cent rights-of-way; and acquisition of lands may be used to repair other damaged public search? or interests therein including existing con- lands.

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MISCELLANEOUS TRUST FUNDS of section 4 of the Endangered Species Act, 1538), the Asian Elephant Conservation Act In addition to amounts authorized to be as amended, for species that are indigenous of 1997 (Public Law 105–96), and the Rhinoc- expended under existing laws, there is hereby to the United States (except for processing eros and Tiger Conservation Act of 1994 (16 appropriated such amounts as may be con- petitions, developing and issuing proposed U.S.C. 5301–5306), $2,400,000, to remain avail- tributed under section 307 of the Act of Octo- and final regulations, and taking any other able until expended: Provided, That unex- ber 21, 1976 (43 U.S.C. 1701), and such amounts steps to implement actions described in sub- pended balances of amounts previously ap- as may be advanced for administrative costs, sections (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): propriated to the African Elephant Conserva- surveys, appraisals, and costs of making con- Provided further, That of the amount avail- tion Fund, Rewards and Operations account, veyances of omitted lands under section able for law enforcement, up to $400,000 to re- and Rhinoceros and Tiger Conservation Fund 211(b) of that Act, to remain available until main available until expended, may at the may be transferred to and merged with this expended. discretion of the Secretary, be used for pay- appropriation: Provided further, That in fiscal ment for information, rewards, or evidence year 1999 and thereafter, donations to pro- ADMINISTRATIVE PROVISIONS concerning violations of laws administered vide assistance under section 5304 of the Rhi- Appropriations for the Bureau of Land by the Service, and miscellaneous and emer- noceros and Tiger Conservation Act, sub- Management shall be available for purchase, gency expenses of enforcement activity, au- chapter I of the African Elephant Conserva- erection, and dismantlement of temporary thorized or approved by the Secretary and to tion Act, and section 6 of the Asian Elephant structures, and alteration and maintenance be accounted for solely on his certificate: Conservation Act of 1997 shall be deposited of necessary buildings and appurtenant fa- Provided further, That hereafter, all fees col- to this Fund: Provided further, That in fiscal cilities to which the United States has title; lected for Federal migratory bird permits year 1999 and thereafter, all penalties re- up to $100,000 for payments, at the discretion shall be available to the Secretary, without ceived by the United States under 16 U.S.C. of the Secretary, for information or evidence further appropriation, to be used for the ex- 4224 which are not used to pay rewards under concerning violations of laws administered penses of the U.S. Fish and Wildlife Service 16 U.S.C. 4225 shall be deposited to this Fund, by the Bureau; miscellaneous and emergency in administering such Federal migratory to be available to provide assistance under 16 expenses of enforcement activities author- bird permits, and shall remain available U.S.C. 4211: Provided further, That in fiscal ized or approved by the Secretary and to be until expended: Provided further, That here- year 1999 and thereafter, not more than three accounted for solely on his certificate, not to after, pursuant to 31 U.S.C. 9701 and notwith- percent of amounts appropriated to this exceed $10,000: Provided, That notwithstand- standing 31 U.S.C. 3302, the Secretary shall Fund may be used by the Secretary of the In- ing 44 U.S.C. 501, the Bureau may, under co- charge reasonable fees for the full costs of terior to administer the Fund. operative cost-sharing and partnership ar- the U.S. Fish and Wildlife Service in operat- ADMINISTRATIVE PROVISIONS rangements authorized by law, procure ing and maintaining the M/V Tiglax and printing services from cooperators in con- Appropriations and funds available to the other vessels, to be credited to this account United States Fish and Wildlife Service shall nection with jointly produced publications and to be available until expended: Provided for which the cooperators share the cost of be available for purchase of not to exceed 104 further, That of the amount provided for en- passenger motor vehicles, of which 89 are for printing either in cash or in services, and the vironmental contaminants, up to $1,000,000 Bureau determines the cooperator is capable replacement only (including 38 for police- may remain available until expended for type use); repair of damage to public roads of meeting accepted quality standards. contaminant sample analyses. Section 28f(a) of title 30, U.S.C., is amended within and adjacent to reservation areas by striking beginning with the words ‘‘The CONSTRUCTION caused by operations of the Service; options holder’’ and continuing through ‘‘$100 per For construction and acquisition of build- for the purchase of land at not to exceed $1 claim.’’ and inserting in lieu thereof: ‘‘The ings and other facilities required in the con- for each option; facilities incident to such holder of each unpatented mining claim, mill servation, management, investigation, pro- public recreational uses on conservation or tunnel site, located pursuant to the min- tection, and utilization of fishery and wild- areas as are consistent with their primary ing laws of the United States before October life resources, and the acquisition of lands purpose; and the maintenance and improve- 1, 1998 shall pay the Secretary of the Inte- and interests therein; $66,100,000, to remain ment of aquaria, buildings, and other facili- rior, on or before September 1, 1999 a claim available until expended. ties under the jurisdiction of the Service and to which the United States has title, and maintenance fee of $100 per claim site.’’. LAND ACQUISITION Section 28g to title 30, U.S.C., is amended which are used pursuant to law in connec- For expenses necessary to carry out the tion with management and investigation of by striking ‘‘1998’’ and inserting in lieu Land and Water Conservation Fund Act of thereof ‘‘1999’’. fish and wildlife resources: Provided, That 1965, as amended (16 U.S.C. 460l–4 through 11), notwithstanding 44 U.S.C. 501, the Service UNITED STATES FISH AND WILDLIFE SERVICE including administrative expenses, and for may, under cooperative cost sharing and RESOURCE MANAGEMENT acquisition of land or waters, or interest partnership arrangements authorized by law, For necessary expenses of the United therein, in accordance with statutory au- procure printing services from cooperators States Fish and Wildlife Service, for sci- thority applicable to the United States Fish in connection with jointly produced publica- entific and economic studies, conservation, and Wildlife Service, $30,000,000, to be derived tions for which the cooperators share at management, investigations, protection, and from the Land and Water Conservation Fund least one-half the cost of printing either in utilization of fishery and wildlife resources, and to remain available until expended. cash or services and the Service determines except whales, seals, and sea lions, mainte- COOPERATIVE ENDANGERED SPECIES the cooperator is capable of meeting accept- nance of the herd of long-horned cattle on CONSERVATION FUND ed quality standards: Provided further, That the Wichita Mountains Wildlife Refuge, gen- For expenses necessary to carry out the the Service may accept donated aircraft as eral administration, and for the performance provisions of the Endangered Species Act of replacements for existing aircraft: Provided of other authorized functions related to such 1973 (16 U.S.C. 1531–1543), as amended, further, That notwithstanding any other pro- resources by direct expenditure, contracts, $15,000,000, for grants to States, to be derived vision of law, the Secretary of the Interior grants, cooperative agreements and reim- from the Cooperative Endangered Species may not spend any of the funds appropriated bursable agreements with public and private Conservation Fund, and to remain available in this Act for the purchase of lands or inter- entities, $607,106,000, to remain available until expended. ests in lands to be used in the establishment until September 30, 2000, except as otherwise NATIONAL WILDLIFE REFUGE FUND of any new unit of the National Wildlife Ref- provided herein, of which $11,648,000 shall re- uge System unless the purchase is approved main available until expended for operation For expenses necessary to implement the in advance by the House and Senate Commit- and maintenance of fishery mitigation facili- Act of October 17, 1978 (16 U.S.C. 715s), tees on Appropriations in compliance with ties constructed by the Corps of Engineers $10,779,000. the reprogramming procedures contained in under the Lower Snake River Compensation NORTH AMERICAN WETLANDS CONSERVATION the report accompanying this bill: Provided Plan, authorized by the Water Resources De- FUND further, That hereafter the Secretary may velopment Act of 1976, to compensate for loss For expenses necessary to carry out the sell land and interests in land, other than of fishery resources from water development provisions of the North American Wetlands surface water rights, acquired in conform- projects on the Lower Snake River, and of Conservation Act, Public Law 101–233, as ance with subsections 206(a) and 207(c) of which not less than $2,000,000 shall be pro- amended, $12,700,000, to remain available Public Law 101–618, the receipts of which vided to local governments in southern Cali- until expended. shall be deposited to the Lahontan Valley fornia for planning associated with the Natu- WILDLIFE CONSERVATION AND APPRECIATION and Pyramid Lake Fish and Wildlife Fund ral Communities Conservation Planning FUND and used exclusively for the purposes of such (NCCP) program and shall remain available subsections, without regard to the limitation For necessary expenses of the Wildlife Con- until expended: Provided, That not less than on the distribution of benefits in subsection servation and Appreciation Fund, $800,000, to $1,000,000 for high priority projects which 206(f)(2) of such law: Provided further, That remain available until expended. shall be carried out by the Youth Conserva- section 104(c)(50)(B) of the Marine Mammal tion Corps as authorized by the Act of Au- MULTINATIONAL SPECIES CONSERVATION FUND Protection Act (16 U.S.C. 1361–1407) is amend- gust 13, 1970, as amended: Provided further, For expenses necessary to carry out the ed by adding the words ‘‘until expended’’ That not to exceed $6,256,000 shall be used for African Elephant Conservation Act (16 U.S.C. after the word ‘‘Secretary’’ in the second implementing subsections (a), (b), (c), and (e) 4201–4203, 4211–4213, 4221–4225, 4241–4245, and sentence.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6022 CONGRESSIONAL RECORD — HOUSE July 21, 1998 AMENDMENT OFFERED BY MR. SANFORD istration of the National Park Service, in- Many other organizations support this Mr. SANFORD. Mr. Chairman, I offer cluding not less than $1,000,000 for high prior- effort. an amendment. ity projects within the scope of the approved This program enables and makes The Clerk read as follows: budget which shall be carried out by the small grants to communities to try to Youth Conservation Corps as authorized by Amendment offered by Mr. SANFORD: 16 U.S.C. 1706, $1,333,328,000, of which not to recover, to revitalize, to rehabilitate Page 16, after line 17, insert the following, exceed $12,500,000 may be used for salaries the recreational facilities in their com- and renumber all lines accordingly: and expenses of the Denver Service Center, munities so that they will then be able TECHNICAL CORRECTIONS and of which not less than $600,000 is for sala- to offer young people an alternative to (a) UNIT SC–03.—(1) The Secretary of the ries and expenses associated with new hires doing nothing or to getting into trou- Interior shall, before the end of the 30-day of mineral examiners at the Mojave National ble in after-school hours and on the period beginning on the date of the enact- Preserve, and of which $12,800,000 for re- weekends. This is an effort to try to re- ment of this Act, make such corrections to search, planning and interagency coordina- claim a baseball field, to try to reclaim the map described in paragraph (2) as are tion in support of land acquisition for Ever- necessary to ensure that depictions of areas glades restoration shall remain available maybe a tennis court, to reclaim a rec- on that map are consistent with the depic- until expended, and of which not to exceed reational area for young people, swim- tions of areas appearing on the map entitled $10,000,000, to remain available until ex- ming pools, bathhouses. Very often ‘‘Amendments to the Coastal Barrier Re- pended, is to be derived from the special fee some of our older facilities have fallen sources System’’, dated May 15, 1997, and on account established pursuant to title V, sec- into disuse. They have not been kept file with the Committee on Resources of the tion 5201 of Public Law 100–203. up. Now, what we see is in partnership House of Representatives. NATIONAL RECREATION AND PRESERVATION with organizations like the Profes- (2) The map described in this paragraph is For expenses necessary to carry out recre- sional Golf Association, in partnership the map that— ation programs, natural programs, cultural (A) is included in a set of maps entitled with the National Basketball Associa- programs, heritage partnership programs, ‘‘Coastal Barrier Resources System’’ and tion, with the Sporting Goods Manu- environmental compliance and review, inter- dated October 24, 1990; and facturers, with Major League Baseball, national park affairs, statutory or contrac- (B) relates to unit SC–03 of the Coastal we are coming together, attracting pri- tual aid for other activities, and grant ad- Barrier Resources System. ministration, not otherwise provided for, vate money with these grants to revi- (b) UNIT FL–35P.—(1) The Secretary of the $41,939,000, of which $4,500,000 is for grants to talize these recreational facilities. Interior shall, before the end of the 30-day This money is offset because I take it period beginning on the date of the enact- Heritage areas in accordance with section 606 ment of this Act, make such corrections to of title VI, division I and titles I–VI and from an account where we are giving the map described in paragraph (2) as are VIII–IX, division II of Public Law 104–333. $11 million to the Northern Mariana Is- necessary to ensure that depictions of areas AMENDMENT OFFERED BY MR. MILLER OF lands, and I am reducing that by $2 on the map are consistent with the depic- CALIFORNIA million for the purposes of the Urban tions of areas appearing on the map entitled Mr. MILLER of California. Mr. Chair- Parks and Recreation Program. I am ‘‘Amendments to the Coastal Barrier Re- man, I offer an amendment. doing that because the money that sources System’’, dated October 22, 1997, and The Clerk read as follows: goes to the Northern Marianas to date, on file with the Committee on Resources of Amendment offered by Mr. MILLER of Cali- they have been unwilling to match the House of Representatives. fornia: (2) The map described in this paragraph is that money and that is a requirement Page 17, line 22, after the first dollar the map that— of that money. Yet what we see is com- amount insert ‘‘(increased by $2,000,000)’’ (A) is included in a set of maps entitled munities all over the country seeking Page 37, line 10, after the first dollar ‘‘Coastal Barrier Resources System’’, dated to match the money from the Urban amount insert ‘‘(decreased by $2,000,000)’’. October 24, 1990; and Parks Program. They have put up their (B) relates to unit FL–35P of the Coastal Mr. MILLER of California. Mr. Chair- money, they have gotten local spon- Barrier Resources System. man, I rise to offer this important sors, they have gotten the private sec- (c) UNIT FL–35.—The Secretary of the Inte- amendment to the Interior appropria- rior shall, before the end of the 30-day period tor to buy into these, and they want to tions bill which will provide urgently use the money. But we see an account beginning on the date of the enactment of needed recreation and after-school op- this Act, revise the map depicting unit FL– with respect to the Northern Marianas 35 of the Coastal Barrier Resources System portunities for our Nation’s youth. where there is over $80 million that is to exclude Pumpkin Key from the System. This amendment will rejuvenate the sitting there, sitting in their account, Urban Park Recreation and Recovery Mr. SANFORD (during the reading). and they are unwilling to match it and Program, or UPARR program which Mr. Chairman, I ask unanimous con- now we are going to add another $11 has languished for the last couple of sent that the amendment be considered million. years. as read and printed in the RECORD. What I am suggesting is we would be The UPARR program, the Urban The CHAIRMAN. Is there objection better to give that money to the city of Park Recreation and Recovery Pro- to the request of the gentleman from Phoenix or to Pueblo or to Bridgeport gram, provides competitive matching South Carolina? or to Savannah or to Peoria or to Ko- There was no objection. grants of up to $200,000 to local commu- komo or Kalamazoo, where these com- Mr. SANFORD. Mr. Chairman, this is nities to help them design programs to munities are hungry to do something a technical correction that has been meet youth recreation needs. Research for their young people, they are hungry brought to our attention by the Fish shows that many of our most serious to try to combat crime problems, to and Wildlife Service. It is one offered youth-related problems, including ju- combat drug problems, to create sport- by myself and the gentleman from venile crime, drug use, gang activity ing activities, to create sporting and teenage sexual activity occur most Florida (Mr. DEUTSCH). It is one that teams, to create academic programs has been discussed with the majority frequently during the hours imme- combined with sports programs so that and the minority without objection. diately after the end of school when 5 young people will have these kinds of The CHAIRMAN. The question is on to 7 million children go home alone alternatives. every afternoon. The Urban Parks Pro- the amendment offered by the gen- b 1715 tleman from South Carolina (Mr. SAN- gram helps local communities to fund FORD). programs to reduce juvenile crime, to Rather than have this money lan- The amendment was agreed to. provide safe havens for our youth and guish in an account where the recipient The CHAIRMAN. The Clerk will read. to offer constructive academic or rec- of the money refuses to match it, we The Clerk read as follows: reational opportunities after school. ought to give it to those communities That is why the Urban Park Program that they are seeking to match it. NATIONAL PARK SERVICE is supported by the U.S. Conference of There is a huge backlog of commu- OPERATION OF THE NATIONAL PARK SYSTEM Mayors, the Sporting Goods Manufac- nities that are desiring this effort that For expenses necessary for the manage- turers Association, the National Asso- have gone out and made the push, ment, operation, and maintenance of areas and facilities administered by the National ciation of Police Athletic Leagues, made the push within their private sec- Park Service (including special road mainte- Major League Baseball, the National tor to gather resources to get in-kind nance service to trucking permittees on a re- Recreation and Park Association and contributions or to get monetary pro- imbursable basis), and for the general admin- the National Council of Youth Sports. grams that have worked with citizen

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6023 programs where people volunteer to re- life, that work in BLM, and I am going tioned it, I am going to take a quick build, to paint facilities, to recapture to speak for them. look at that and see if we cannot get much of what many of us have experi- The gentleman is asking them to fix that $80 million to put into backlog enced when we grew up when we knew the roof in their spare time. He is ask- maintenance. I think that is a wonder- the importance that recreation played ing them to go out and repair bridges ful idea. in our childhood, and teaching us the in their spare time. We saw that when Mr. MILLER of California. Mr. Chair- rules of sportsmanship, and teaching us we were out in Yosemite. The employ- man, I would support the gentleman. the discipline of practice, and teaching ees told us ‘‘we did a lot of the work We can do it right now. us how to engage with other individ- here to offset the damage from the big Mr. DICKS. But, Mr. Chairman, if the uals, and giving us productive time to flood ourselves in our free time.’’ gentleman will yield, why does the gen- use when we were not in school or not We had oversight hearings this year. tleman not, for the gentleman’s dili- engaged in other activities. We have $10 billion, not million, $10 bil- gence and good work, at least give him That is why it is important that we lion of backlog maintenance. That is the $2 million? adopt this amendment. It will not not my number. That is a number from Mr. REGULA. Mr. Chairman, I am harm. It will not harm the account the Director of the parks, from the Di- going to suggest to the National Gov- with respect to the Marianas because, rector of the Forest Service, from the ernors’ Association that they adopt the as I pointed out, they have a huge Directors of the Fish and Wildlife Serv- Miller amendment. I think, with their backlog of money that they have been ices, and from BLM, $10 billion of surpluses and all but maybe a handful unwilling to match for the purposes for maintenance left undone. of States, 47 to be exact, they ought to which Congress has appropriated that One of the people testified that, for take care of this. I do appreciate the money. every dollar of maintenance that is ne- gentleman calling to my attention this So I would urge my colleagues, many glected, it costs $5 down the road. Let money that is available. of you have heard from your mayors, us not take money out of these pro- Mr. MILLER of California. Now the many of you have heard from the grams. If we have extra money, let us gentleman is going to steal the money sporting good manufacturers, many of address the backlog maintenance. Let from me. No good deeds go unrewarded. you have heard from volunteer organi- us not worry about manufacturers of Mr. REGULA. It could end up with zations in your communities that are tennis rackets or baseball bats. about $9 billion of backlog instead of struggling, struggling to try to rebuild That is what UPARR is. Build tennis $10 billion if we can get that $80 million and recapture and revitalize these fa- courts. Build baseball fields. It is nice. the gentleman has been telling us cilities. But 47 States have surpluses. It is about. The CHAIRMAN. The time of the about time for them to come into this I realize it is not exactly apples and gentleman from California (Mr. MIL- program. Let the States work with the oranges. But all I am saying is that, LER) has expired. local communities to provide these rec- when we are faced with $10 billion in (By unanimous consent, Mr. MILLER reational facilities. I have not had any backlog, when we are faced with our of California was allowed to proceed for State offer money to deal with backlog employees who are spending their free 1 additional minute.) maintenance on Federal lands. If you time, many of them, doing this work in Mr. MILLER of California. Mr. Chair- want to take care of those precious our public lands facilities, I do not man, we owe it to our children. We now crown jewels that we keep talking think we should start building tennis understand, there are studies, there, about, we need any extra money that courts and golf courses and baseball you stack them up, they are taller we have to be spent on backlog mainte- fields in our communities. That is a than I am, that tell us the most impor- nance. local responsibility. tant time to capture the time of young Mr. Chairman, I yield to the gen- Mr. MILLER of California. I appre- people is that time from after school tleman from California (Mr. MILLER). ciate that. until the time that their parents or Mr. MILLER of California. Mr. Chair- Mr. REGULA. Mr. Chairman, I yield guardians come home. That is when man, I thank the gentleman for yield- to the gentleman from California. most of the crime is committed by ing. Nobody has been more diligent in Mr. MILLER of California. Mr. Chair- young people. That is when young peo- trying to warn this Congress and the man, we can make that argument ple get into trouble most of the time. country about the backlog in the na- about a lot of efforts. But when we ad- But in many, many communities, tional parks and in the public lands dress the crime bill and we are looking and if you look at the list of the com- with respect to maintenance and even, at the priorities, this was one of them. munities that are making applications to some extent, and clearly, in acquisi- The point is, this provides, you know, a for this program, in many communities tion. small match that brings together a lot they simply do not have a constructive But let me say that is not the com- of private resources and some public alternative to offer to these young peo- petition that this amendment is. This resources at the local level. The gov- ple. is money that is put into an account ernors of the State, unfortunately, this We have done this with the UPARR for the Northern Marianas. They have is not on their agenda. These are a lot program. We can continue to do it with been unwilling over the last several of cities that are trying to provide the UPARR program, and we can do it years to match that money; and there some local recreation opportunities. in the constructive fashion so that we is now, according to the budget, about The CHAIRMAN. The time of the can take advantage of the energies of $80 million sitting in that account. gentleman from Ohio (Mr. REGULA) has these young people and the willingness All I am suggesting is that we take expired. of the local communities to come up that $2 million and help these cities. (By unanimous consent, Mr. REGULA with the matching money, to come up People are volunteering their time was allowed to proceed for 30 addi- with the local energy to create these here. I work every weekend with orga- tional seconds.) facilities. I would hope that the House nizations and try to help organizations Mr. REGULA. Mr. Chairman, I would would approve this amendment, and I that are paying for the ball fields and suggest that this ought to be in the ask for an aye vote on this amendment. trying to recover these facilities so crime bill. Mr. REGULA. Mr. Chairman, I move that they can use them for their chil- Mr. MILLER of California. It was. to strike the last word. dren. So we are not matching volun- Mr. REGULA. I think that is a log- The gentleman from California (Mr. teers here. We are matching an account ical place to put it rather than to take MILLER) has said we have heard from that has more money in it than they money from our parks and our forests. the manufacturers of tennis rackets, can possibly use as opposed to this pro- Mr. MILLER of California. I am not from the manufacturers of basketballs, gram where people can use it for rec- taking them. tennis balls, guns, you name it, all reational opportunities for the young Mr. REGULA. I understand, but the these sporting goods outfits. Now we people. gentleman from California is not off- are going to hear from the people that Mr. REGULA. Reclaiming my time, I setting. But if that money is available, work in the parks, that work in the understand the gentleman’s point. we would like to get it and use it for forests, that work in the fish and wild- Frankly, since the gentleman men- public lands.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6024 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Mr. MILLER of California. But that government, social services and crimi- stand what is going on here, and again is not my amendment. nal justice. I will have to say that my understand- Mr. MCDERMOTT. Mr. Chairman, I It was designed to operate year round ing is limited as well, but my under- move to strike the requisite number of with expanded activity during the sum- standing of what we are talking about words. mer months and over extended holiday is an agreement that was reached with Mr. Chairman, I rise in support of the periods. Youth participants were in- the Northern Mariana Islands as part Miller amendment. Not to get into a volved through various avenues such as of a change of their status that they fight with the chairman or anyone else, schools, home school associations, used to be like all the other people who but I think that, in other parts of this youth service agencies, and neighbor- were appendages of the United States budget, we are taking out all the hood community centers. but they were not independent, nor money for summer jobs in this coun- The program has provided various ac- were they States. try. tivities such as backpacking in Olym- In order to change their status and We are looking at cities filled with pic National Park; whitewater rafting become not dependent on American kids where, on the one hand, we are not on the Thompson River in British Co- welfare programs and not dependent on going to help them get a summer job, lumbia; cross-country skiing in Mount other social benefit programs, they de- and, on the other hand, we are not will- Ranier National Park; winter camping, cided to become somewhat independent ing to put some money to invest in rec- inner-tubing and snow shoeing in var- and have more of a free enterprise ap- reational facilities so that they can be ious winter sports areas; water safety proach to their economy. involved in organized activities that instruction; fishing, canoeing, boating Part of the agreement that we made will keep them out of difficulty. and swimming, mountain packing on with them was to provide them certain We all know from our own childhood, designated State and Federal lands; infrastructure projects that cost a cer- if not from someplace else, that idle weekly environmental education out- tain amount of money, and what we hands are the devil’s workshop. I re- door skills workshops, leadership train- are talking about here is breaking an member in the crime bill discussion, ing for advanced youth participants agreement or not setting aside the we had an awful lot of people out here and youth hosteling and meeting trav- funds that are necessary or taking ad- jumping up and down saying that mid- elers from around the world. vantage of funds that may or may not night basketball was not a good idea. I have listened carefully to my chair- be available that are in contradiction, But if we go by the places even in this man, and it seems to me for this small and this is in contradiction to an city at night where there is a light and investment if we can do and provide agreement we have reached with these a hoop, we will see kids playing basket- more opportunities for kids after people in the Northern Mariana Is- ball. I think we would rather have school to be in programs like this, and lands. This stems from and, again, the gen- them doing that than some of the other if the Park Service can play a role in tleman from California (Mr. MILLER) things they can think of doing. this, I certainly support the gentleman and I have an honest disagreement on For us to take $2 million out of $80 from California. million that is sitting somewhere being I will work as hard as anyone on the this, as do Republicans and Democrats have honest disagreements, as to what unused because we have a law that says backlog, but if we have got $80 million labor policy should take place in the we have to put the money in there, we sitting in a trust fund and the chair- United States but also in the Northern made some kind of deal, but they never man can get $78 million of it for the Mariana Islands. match it. I am up here because Seattle backlog and we can get $2 million for put in a grant for $250,000, and we know this urban recreation thing, I think b 1730 how to use it. We have got the matched that is the kind of program the Amer- I happen to believe in a less regulated money ready to go, but we would like ican people support. It is prevention of society and less regulations dealing access to this money. crime that we should be focusing on, with labor law, and the gentleman I think there are cities all over this and having some opportunities out from California (Mr. MILLER) believes country where, whether you like it or there through this bill seems to me to in more regulations for labor law to not, as we have devolved programs be a good idea. protect the interests of labor and pro- from the Federal level down to the I appreciate the gentleman yielding. tect the interests of various working State level, there are lots of States Mr. MILLER of California. Mr. Chair- people. I disagree with that philosophy. dealing with lots of things they did not man, will the gentleman yield? That is not the philosophy of the Re- use to deal with, so they are unwilling Mr. MCDERMOTT. I yield to the gen- publican Party, but I respect the con- to take care of the needs of cities. tleman from California. cern of the gentleman from California If somebody does not take care of the Mr. MILLER of California. Mr. Chair- (Mr. MILLER) about that. needs of cities, we are going to be in se- man, on the point both he and the gen- Unfortunately, the amendment we rious trouble in this country. So I urge tleman from Washington (Mr. DICKS) are talking about now, however, based the adoption of this bill. have made, if we go back into our on this opposition to this labor policy Mr. DICKS. Mr. Chairman, will the childhoods, we all know the value of a in the Northern Mariana Islands, is ne- gentleman yield to me for a brief mo- coach, the value of the mentor, the gating an agreement that we have ment? value of the after-school recreation di- reached with those islanders in order Mr. MCDERMOTT. I yield to the gen- rector that helped us get over some to have a change in their legal status. tleman from Washington. trouble spots when we were young chil- I would suggest that this is not the Mr. DICKS. Mr. Chairman, since the dren, when we were adolescents. That fair approach, not a judicious ap- gentleman mentions Seattle, Washing- opportunity and that relationship is proach. Even though it can be argued ton, I wanted to point out that in the being denied to too many children that the funds may be better spent past, funding has also contributed to today in America. someplace else, an agreement has been the development of programs and This is a small effort. This is not reached. We would not want to break projects such as the innovation project going to solve a problem, but this has any other agreement with any other established in Tacoma, Washington. been an effective effort when we put peoples around in order to fulfill these The goals of this innovative project the money into it. Unfortunately, the same obligations and opportunities for were to provide at-risk youth alter- last couple of years it has languished, spending money that have been talked natives to gangs and drugs through and I just think it is an important one about today. participation in outdoor recreation ac- that should be embraced by the House. So I reluctantly rise in disagreement, tivities and to develop life skills such Mr. ROHRABACHER. Mr. Chairman, but I understand the honest philosophi- as self-esteem, leadership, decision- I move to strike the requisite number cal motivations that the gentleman making and cooperation. of words. has in making his approach. The program was designed to operate Mr. Chairman, I rise to oppose the Mr. MILLER of California. Mr. Chair- as an extensive partnership involving amendment of my good friend and col- man, will the gentleman yield? professionals from the disciplines of league, the gentleman from California Mr. ROHRABACHER. I yield to the parks and recreation, education, city (Mr. MILLER). People should under- gentleman from California.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6025 Mr. MILLER of California. Mr. Chair- at any time in the near future. This is In my area, there are two commu- man, I would just say to the gen- a very good program, and we really nities that have asked for just $50,000 tleman, two points. One, I have been need to be funding it. and $100,000 respectively under the working on UPARR for many years, There is a great deal of willingness Urban Park Recreation and Recovery both on the resources side and on the on the part of many Members of the Program, which has not been possible crime bill side, and the only reason we House, it seems, to spend money on because there are no funds in that au- are tapping this account is that this prisons, but not as much willingness to thorized program. They would, of account is now building up an amount spend money on parks; not as much course, have to match it. It is one of that is supposed to be matched on an willingness to spend money on preven- those cases where you build a partner- annual basis. It has not been matched tion, rather than waiting until after ship on the part of the Federal Govern- for the last several years, so we are the problem has arisen before we deal ment and the State or local govern- just putting money into an account, with it. That, I think, is a very serious ment, particularly in this instance the when money is now hard to come by. It mistake. local government, to do something has $80 million in it unmatched, and to There has been a recent study that which is of great benefit to people. take $2 million for this fiscal year, if was done by the Federal Bureau of In- So I would urge Members to listen to they spend the money, there is no vestigation that said that if young peo- their mayors in those communities, or harm to them. But there is no indica- ple, high school age, are going to get whoever is their chief operating officer, tion they can spend anywhere close to into trouble, they are going to do so in in those communities that are strug- the $80 million because of the matching those hours right after school lets out, gling to find recreational opportunities requirement that other communities the hours between 3 and 7 o’clock or so for their youth. It is summertime. There are so many have. It is an effort to try to address in the evening. opportunities for kids to find trouble. the crime problem here and use the One of the reasons people in those It is in the ballparks and the play- money without harm. situations get into trouble is because grounds, those active places for recre- Mr. ROHRABACHER. Mr. Chairman, there is nothing for them to do when ation, that kids go and stay out of reclaiming my time, I think it is clear school lets out. There are millions of trouble. Our public parks are where the that the gentleman is accomplishing young people in urban areas and in McGwires and the Griffeys hit their two things with one move, and that the rural areas alike across this country first home runs, where the Grant Hills gentleman honestly disagrees with that have no access to recreational fa- played their first competitive basket- some of the labor practices on the cilities after school is out. By spending ball. a few dollars on recreational programs, Northern Mariana Islands and is able But beyond that, urban parks offer to express that through this amend- we can avoid the need to spend a great families brief refuge from urban decay, ment, which also transfers funds to a deal of money later on the construc- from bus exhaust and traffic conges- program that the gentleman appre- tion of prisons and for other purposes tion. The urban park, with its water ciates. in the criminal justice system. fountains and little league baseball However, I would say that I oppose We know very clearly that if young fields, is the place where the vast ma- this amendment still, but understand people have access to recreational pro- jority of Americans are going to be my colleague’s desire in this attempt. grams, if young people can hook up spending their leisure time this sum- But I would oppose it, because, number with a mentor, some older person that mer and around the clock, not just in one, I do disagree with his theory on can establish a relationship with them, the summertime, but around the clock. labor practices, as is happening in the that their life is much less likely to It is a place where many children first Northern Marianas; and, number two, I take a bad turn and they are much learn team sports. It is the place where would think we should make sure if we more likely to develop into good, families get together to fly a kite or have reached an agreement with the sound, solid citizens. bike or walk or rollerblade along a Northern Mariana Islands and it takes Money spent on these recreational river greenway. a certain amount of money to fulfill programs, money spent for these parks, One of my particular interests, Mr. that agreement, that we keep that in is money well spent, and we are well Chairman, has been that many of our the budget so we can fulfill our pledge, advised to adopt this amendment. It is urban centers, particularly in the ear- rather than trying to do other things. a good, sound, solid amendment, a good lier settled parts of the country, many There are many other things we can use for this funding. of our urban centers run along do with this money that we can argue I urge all Members to get behind this riverways that not so long ago func- are very beneficial to the people of the amendment and support this expendi- tioned as industrial sewers. Because we United States, but we made an agree- ture of $2 million for our Urban Recov- have put billions of dollars, billions ment with these people and we should ery and Parks Program. It is a very upon billions of dollars into the Clean keep it. So I oppose the amendment. good purpose, a very good idea. Water Act over a period of years, and Mr. HINCHEY. Mr. Chairman, I move Mr. OLVER. Mr. Chairman, I move to because of the more recent industrial to strike the requisite number of strike the requisite number of words. restructuring that has gone on, these words. Mr. Chairman, I also rise in support riverways now are a place that could be Mr. Chairman, I rise to say a few of the Miller amendment. This is an restored as green space to provide for words in support of the amendment amendment that would provide a very recreation, a true wealth of recreation which would place $2 million in the tiny amount of money for an author- for use by our urban families. Urban Recreation and Recovery Pro- ized program, the Urban Park Recre- In those cases, communities that I gram. I think the gentleman from Cali- ation and Recovery Program. $2 mil- could name one right after the another, fornia (Mr. MILLER) has done some- lion is what would be proposed here, and, again, every Member could name thing very good here, and I think the what is proposed here in the amend- in their own districts, these commu- House recognizes there is no one among ment. It has an offset, which is as be- nities need some help with the restora- us who is more expert about this par- nign as any offset that anybody could tion to make these areas available for ticular program, the value of it, the ef- come up with in trying to fund some- their families for recreation. That help ficacy of the work that is done through thing that is entirely legitimate. could come clearly from the Urban this program and the need to put We are trying to find $2 million out Park Recreation and Recovery Pro- money into it. of a $10-plus billion bill. That is $2 mil- gram that we are proposing here, the The gentleman from California (Mr. lion. That is not two percent, it is 2/ gentleman from California (Mr. MIL- MILLER) has identified a source of fund- 100ths of one percent of the $10-plus bil- LER) is proposing, just $2 million, with ing which is not going to hurt anyone. lion bill that we are talking about. a benign offset to be used. The $2 million out of this $80 million Every Member in this body, from Some communities have recreational from the Northern Mariana fund is whatever district they hail from, what- facilities that are in such poor shape money which is not being used. There ever State, whatever kind of district, they endanger kids’ safety and health. is no likelihood this money is going to they have communities which could These dollars could help repair, recon- be matched by the Northern Marianas benefit from this kind of legislation. struct and rehabilitate such facilities.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6026 CONGRESSIONAL RECORD — HOUSE July 21, 1998 In the past, these grants have been pro- ed (16 U.S.C. 470), and the Omnibus Parks and nicated to the House by Mr. Sherman vided recreation for the disabled, re- Public Lands Management Act of 1996 (Pub- Williams, one of his secretaries. paired swimming pools, resurfaced ten- lic Law 104–333), $40,812,000, to be derived The SPEAKER pro tempore. The nis and basketball courts, purchased from the Historic Preservation Fund, to re- Committee will resume its sitting. main available until September 30, 2000, of picnic tables, created arts and craft which $7,700,000 pursuant to section 507 of f areas, fitness trails and bocci courts Public Law 104–333 shall remain available DEPARTMENT OF THE INTERIOR for senior citizens. until expended: Provided, That, notwith- AND RELATED AGENCIES APPRO- The public knows that this is money standing any other provision of law, the Na- that is well spent. They expect money tional Park Service may hereafter recover PRIATIONS ACT, 1999 well spent to be appropriated by their all costs of providing necessary services as- The Committee resumed its sitting. sociated with historic preservation tax cer- government. So I urge support for the b 1745 Miller amendment. tification, and such funds shall remain avail- Mr. PALLONE. Mr. Chairman, I able until expended. The CHAIRMAN. The gentleman move to strike the requisite number of CONSTRUCTION from Massachusetts (Mr. MCGOVERN) is words. For construction, improvements, repair or recognized for 5 minutes in support of Mr. Chairman, I rise today also in replacement of physical facilities, including his amendment. the modifications authorized by section 104 support of the Miller amendment to Mr. MCGOVERN. Mr. Chairman, I of the Everglades National Park Protection rise today along with my colleague fully fund the administration’s request and Expansion Act of 1989, $149,000,000, to re- of $2 million for the Urban Parks from New Jersey (Mr. PAPPAS), in sup- main available until expended: Provided, port of an initiative that is vital to our Recreation and Recovery, or UPARR. That the Denver Service Center may not This invaluable program provides com- levy any assessments against specific con- children, our families and our Nation: petitive matching grants for the revi- struction projects. Reestablishing the Stateside program of the Land and Water Conservation talization of local recreation areas and LAND AND WATER CONSERVATION FUND Fund. the improvement of recreation pro- (RESCISSION) I want to thank the gentleman from grams and services in low income The contract authority provided for fiscal Ohio (Mr. REGULA) for his graciousness inner-city neighborhoods. These oppor- year 1999 by 16 U.S.C. 460l–10a is rescinded. as we take up debate on this important tunities are targeted at urban youth LAND ACQUISITION AND STATE ASSISTANCE issue. He and his staff have always ex- and the expansion of pre and after For expenses necessary to carry out the tended every courtesy to me and my of- school activities. Land and Water Conservation Fund Act of Mr. Chairman, in my own district in 1965, as amended (16 U.S.C. 460l–4 through 11), fice, and I also want to thank the gen- the City of New Brunswick, which is lo- including administrative expenses, and for tleman from Illinois (Mr. YATES), the acquisition of lands or waters, or interest ranking member, and the gentleman cated in the central part of New Jer- therein, in accordance with statutory au- sey, UPARR grants have been used to from Washington (Mr. DICKS) and their thority applicable to the National Park staff for all of the help that they have renovate jogging paths and playing Service, $69,000,000, to be derived from the fields and to construct new playing provided me. Land and Water Conservation Fund, to re- The Land and Water Conservation fields at Buccleuch Park. The park is main available until expended, of which Fund has a proven track record and used as a recreational facility by local $500,000 is to administer the State assistance strong bipartisan support. The Land high school sports teams, as well as program: Provided, That any funds made and Water Conservation Fund is a sim- sports teams from Rutgers, the State available for the purpose of acquisition of University of New Jersey. the Elwha and Glines dams shall be used ple idea. It uses money from nonrenew- In addition, a UPARR grant made ad- solely for acquisition, and shall not be ex- able public resources like offshore oil pended until the full purchase amount has ditional renovations possible so that and gas drilling and reinvests the been appropriated by the Congress: Provided money into a renewable resource: Pub- senior citizens and disabled persons further, That from the funds made available from the senior citizen resource center lic open space. for land acquisition at Everglades National A trust fund was established over 30 next door could make use of the park’s Park and Big Cypress National Preserve, the facilities. Other UPARR grants have Secretary may provide for Federal assist- years ago to meet the need for more facilitated similar activities at Feaster ance to the State of Florida for the acquisi- open space and in that time, over Park, Joyce Kilmer Park and Recre- tion of lands or waters, or interests therein, 37,000, over 37,000 park and recreation ation Park, also located in New Bruns- within the Everglades watershed (consisting projects, from neighborhood parks and of lands and waters within the boundaries of wick. ballfields to scenic trails, nature re- the South Florida Water Management Dis- serves and historical sites, have all The National Park Service antici- trict, Florida Bay and the Florida Keys) pates applications from 100 to 150 urban been developed. This is a real American under terms and conditions deemed nec- success story. localities across the country for essary by the Secretary, to improve and re- Unfortunately, the spirit of this pro- UPARR grants in fiscal year 1999, re- store the hydrological function of the Ever- quests which will total approximately glades watershed: Provided further, That gram has been misdirected in recent $20 million. The $2 million that we are funds provided under this heading to the years. Though Congress has funded the trying to add to the bill today with State of Florida shall be subject to an agree- Federal program which has protected this amendment will enable the Park ment that such lands will be managed in per- Federal lands, the Stateside program petuity for the restoration of the Everglades. Service to award 10 to 15 grants, only has been zeroed out. For those who be- AMENDMENT OFFERED BY MR. MCgovern 10 percent of those requested. This, as lieve that the Stateside program is bet- Mr. McGOVERN. Mr. Chairman, I has been mentioned by my colleagues, ter provided by the States, I would re- offer an amendment. spectfully disagree and say that the is a modestly funded program, but one The Clerk read as follows: that has a large impact on those com- States cannot do it alone. The State- Amendment offered by Mr. MCGOVERN: munities that are fortunate enough to side program is already a partnership, Page 19, line 7, insert after the dollar as States and towns match every Fed- receive these grants, as I know from amount the following: ‘‘(increased by eral dollar. We can leverage good my own City of New Brunswick. $30,000,000)’’. I urge my colleagues to support Page 70, line 17, insert after the dollar money on good projects. urban neighborhoods and urban youth amount ‘‘(reduced by $30,000,000)’’. The Stateside program acknowledges by voting for the Miller UPARR The CHAIRMAN. Before recognizing State leadership on parks and open amendment. the gentleman from Massachusetts space projects and works in lock step The CHAIRMAN. The question is on (Mr. MCGOVERN), the Committee will with what I would say is a Republican the amendment offered by the gen- rise informally to receive a message. philosophy to devolve power back to tleman from California (Mr. MILLER). The Speaker pro tempore (Mr. the States. It is a nonregulatory pro- The amendment was agreed to. PAPPAS) assumed the chair. gram that lets States take the lead, a The CHAIRMAN. The Clerk will read. f successful program with a successful The Clerk read as follows: track record administered at the State HISTORIC PRESERVATION FUND MESSAGE FROM THE PRESIDENT level. That is why governors from all For expenses necessary in carrying out the A message in writing from the Presi- over the country support the Stateside Historic Preservation Act of 1966, as amend- dent of the United States was commu- fund.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6027 Not funding the Stateside program Mr. Chairman, I rise in support of and others that seek to enhance the amounts to a broken promise made to this amendment offered by my col- utilization of resources from the Land the American people. When we decided league from Massachusetts (Mr. and Water Conservation Fund. The fact to open the Outer Continental Shelf to MCGOVERN). This Interior appropria- is that there is from the offshore oil oil drilling, exploitation of a nonrenew- tions bill contains within it the appro- and gas revenues a commitment until able resource, we pledged to use some priations for the Land and Water Con- appropriated of $900 million a year. The of the revenues for the public good, to servation Fund. However, only $139 measure before us appropriates only a protect open space. Every year, the million is appropriated for this impor- small portion of those dollars. Land and Water Conservation Fund tant fund, despite it reaching levels of Now, I understand the limitations takes in $900 million from oil and gas $5 billion. Moreover, there are no funds that the subcommittee members face, receipts, but less than 25 percent of in this bill for the Stateside matching but I think that completely terminat- this has been appropriated over the grant program. ing, and it has been done in past Con- last decade. We are breaking our prom- In my State of New Jersey, there is gresses, the funding for the State set- ise to the American people by not much debate about the future of urban aside for the Land and Water Conserva- spending this money in the way in sprawl, loss of open space and farm- tion Fund is the wrong way to go. I which it was intended. land, and the need recreational oppor- think we have a commitment here. I This amendment that we are offering tunities. This fund was originally in- know that this amendment is really today is a step in the right direction tended to be a Federal complement to only a modest beginning as we try to toward renewing that promise. It is the State efforts to provide for parks, restore the integrity and the necessity perfect time to revitalize the Land and recreation and open space. The Federal for the funds to the States for these Water Conservation Fund program. component, however, is gone. particular programs. I mean the basic Right now, States are developing their This issue is critical to the Northeast tenet is that as we deplete resources own plans to invest in open spaces. and every region across this country from the Outer Continental Shelf, both With our strategic investment, we can with urban sprawl. I have even intro- oil and gas, that the resources of some help them fight sprawl, revitalize duced my own bill to help further ad- of the dollars that come from those re- urban areas, and conserve cherished dress this problem in my region, H.R. sources are provided for setting aside cultural heritage sites. 3566. Open space is critically important and purchasing some lands for the leg- In some low-income urban commu- to preserve the quality of life for those acy of those that come after us. nities, such as Chelsea in Summerville, that live in high-growth areas. The So I strongly support this, empower- Massachusetts, the Stateside program Federal Government can play an im- ing and providing the States this op- is responsible for virtually all parks in portant role in providing money to portunity. the city. Without the Stateside fund, cash-strapped States and local govern- I want to commend the gentleman there would literally be no public open ments that seek to fund efforts to im- from Massachusetts (Mr. MCGOVERN), space in those communities. prove their quality of life. and the gentleman from New Jersey Kids in cities need safe green spaces This amendment is a much-needed (Mr. PAPPAS) for raising this. I just to play in. Without safe, healthy parks, amendment to provide an additional wanted to comment briefly that I rec- they go from home to school and back $30 million for the Stateside of the ognize our colleague from Illinois’ dis- without ever interacting with a natu- Land and Water Conservation Fund. tinguished service and had noted that ral area: Trees, grass, places to explore. Under the formula written in the law, in my earlier remarks that I put in the Unused open space in rural areas is States, through the Stateside program, RECORD, as well as the continued good natural area. Unused space in a city is work of the chairman of this commit- a vacant lot with garbage, glass, dirty would receive up to $2 million each to tee and others that have served here, needles and possibly drug dealing. Va- help improve quality of life for commu- including the gentleman from Pennsyl- cant lots also increase childhood asth- nities and families. Finally, I want to thank the chair- vania (Mr. MCDADE). While over the ma by increasing airborne dust. Trans- man for crafting an overall good bill. It years we have had our differences forming a dangerous vacant lot into a about how to proceed with policy, I community garden or neighborhood is a very lean year, I understand, and think that they have been conscien- playground gives a neighborhood hope represents a $200 million reduction and increases public health and safety. from last year. Offsets such as the one tious Members, especially of course the I have seen some of the great things identified in this amendment are hard- gentleman from Illinois (Mr. YATES), the Stateside program can do. In my er to find in lean bills. However, I must who has left I think an indelible mark home city of Worcester, Massachusetts respectfully state my opinion through on many of the special programs that there are about 40,000 annual visits to this amendment that the Land and exist in this subcommittee of appro- Green Hill Park, an innercity green Water Conservation Fund in general, priations on Interior. space which received $225,000 in the and State grant program in specific, I have concerns about the bill, espe- 1980s to revamp a farm zoo in that must reflect a higher priority of this cially the underfunding, and I think park. This is the kind of investment we Congress and administration. that that needs to be remedied in need to save our urban neighborhoods. This amendment will help save an terms of how we have allocated the dol- Our amendment proposes to take $30 important Federal program that helps lars so that this subcommittee would million from the fossil energy turbine States. It is consistent with Repub- have the funding that would reflect the program and redirect it to the National lican priorities by giving power to will of the American people in terms of Park Service for the purpose of funding States. It does not create more Federal the concerns that they have with these the Stateside program. What will $30 land ownership; it allows flexibility on programs. I am concerned about some million do? It gives the States some- the local level, and as a former local elements in the rule where some thing to work with. They have not seen elected official, this is the type of pro- amendments are given favored treat- Stateside funding since 1995. It will gram that will help existing open space ment, others are ruled out of bounds in help get grant programs back on line, and recreational efforts of local gov- terms of reaching them, but generally, and it will help further demonstrate ernments. there is a lot positive in this bill and I the need and support for the program This is an amendment that this Con- am really torn in terms of a decision to by using the $30 million strategically. gress should support, the Stateside pro- support it. Mr. Chairman, I ask that my col- gram. I strongly urge passage of the But I am not torn about this amend- leagues support this bipartisan effort McGovern amendment. ment. This is a good amendment, and I to reinstate the Stateside program Mr. VENTO. Mr. Chairman, I move to urge the Members to support it and with the Land and Water Conservation strike the requisite number of words. hope that we can restore some full Fund to ensure we have a better envi- (Mr. VENTO asked and was given spending at some time to the Land and ronment for everybody. Please support permission to revise and extend his re- Water Conservation Fund, and I again the McGovern-Pappas amendment. marks.) commend the gentleman. Mr. PAPPAS. Mr. Chairman, I move Mr. VENTO. Mr. Chairman, I wanted So I rise in support of the amendment of- to strike the last word. to rise in support of this amendment fered by my colleagues to increase funding for

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00069 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6028 CONGRESSIONAL RECORD — HOUSE July 21, 1998 the Land and Water Conservation Fund for So they did not worry too much. The about open spaces on Federal lands too. stateside matching grant program. I do regret State built swimming pools, golf And we are talking about all those mil- the decision to offset the funding from the En- courses, tennis courts. That is not a lions of visitors that want to go to our ergy Conservation Program, but do support wise investment when we are threaten- Federal lands, and I think it is the re- the opportunity to discuss the unmet commit- ing the energy security of this Nation. sponsibility of the cities to fund these ment represented in the Conservation Fund. That is what this amendment boils programs. Most of them have income When Congress first passed the Land and down to. tax programs, they have other sources Water Conservation Act in 1965, they recog- We have enormous needs in our Fed- of revenue. And from what I read, nized the need to ``assist in preserving, devel- eral lands. We are the Federal Govern- many of the cities are doing pretty oping, and assuring accessibility to all citizens ment. Forty-seven States advised the well and the States are doing well be- of the United States of America of present and National Governors’ Association that cause the economy is strong. future generations . . . To outdoor recreation they have surpluses. If they have sur- One of the reasons the economy is resources . . . '' To insure that access, the pluses, they should be building the ten- strong is because energy is cheap. Of Congress pledged to provide funds for States nis courts, the swimming pools and the course, the gentleman was not here, in planning, acquisition, and development of golf courses in their communities. We but if he had been here when we had needed areas and facilities. The fund was also have $10 billion of backlog mainte- these debates, when gasoline was $1.50 to be used for Federal acquisition and devel- nance. This is the testimony of the ad- a gallon, he would understand that this opment. ministration. We have land manage- is an unwise proposal. While the funding source for LWCF has pro- ment agencies that are trying to deal Mr. McGOVERN. Mr. Chairman, if duced a more than generous level to conduct with in-holdings. We need whatever the gentleman would continue to yield, both portions of the program, the program has funds we can get to buy in-holdings I appreciate that, and I also appreciate been too successful. The $900 million author- where people are living in the center of the importance of protecting Federal ized level has been diverted to fund other pro- parks and forests and other govern- lands, but I think we can do both. And grams with minimal funding for the Federal ment facilities. what we are talking about here is real- funding and, since 1995, no money for State Given the backlog of maintenance of ly a very modest investment to try to matching grants. $10 billion, given the backlog of in- help leverage State funds to protect The State matching programs has been an holding purchases that we should make open spaces in States all across this integral component of State and local recre- of $8.6 billion, it certainly makes abso- country, and I would again urge sup- ation programs. I am certain that many of my lutely no sense to take money out of port of this amendment. The CHAIRMAN. The time of the colleagues have visited recreation centers, the Land and Water Conservation gentleman from Ohio (Mr. REGULA) has wildlife areas, and parks funded in part by Fund. We do not have enough. expired. LWCF. See that stack of three looseleaf (By unanimous consent, Mr. REGULA Unfortunately the lack of matching Federal notebooks? They represent requests was allowed to proceed for 1 additional funds has created a major backlog in State from Members of this body, some 2,000 minute.) and local community programs. The McGov- letters we received, many of them are Mr. REGULA. Mr. Chairman, I think ern amendment would be a start to address multiple, of course, from Members say- while this is a noble cause, and while it those pressing needs. ing, buy this land, do this project. The would be nice if we had the money, we While I support the restoration of funding for gentleman from Utah (Mr. HANSEN) is do not. We do not have the money to LWCF, I am concerned about the source of here, and he hears the same thing over meet the Federal responsibility. We do the offset. It is my hope that should this in the Committee on Resources. not have the money to do the backlog. amendment be successful, other options will We are already, woefully short of the We do not have the money to buy the be considered by a conference committee as funds that we need to meet the needs in-holdings. We do not have enough offsets. brought to our attention by Members money to meet Federal needs, as evi- Mr. REGULA. Mr. Chairman, I move in testimony. We had an entire day of denced by those hundreds of requests to strike the requisite number of Members testifying in front of our from all of my colleagues for addi- words. committee about the needs in their dis- tional programs. Mr. Chairman, how quickly we for- tricts on Federal programs, and 47 If we had a great amount of money, get. I can remember not too many States with surpluses, and we are pro- it would be different. If we had energy years ago when people stood in this posing to give them money to build security, it would be different. If we well wondering where were we going to golf courses, tennis courts, swimming had a stable Middle East, which is an get energy, when we had OPEC tying pools? Forget it. And to take it out of enormous source of petroleum, it would up petroleum, lines at the gasoline sta- energy conservation? be different. But I hope we have tions. We said, let us not let that hap- Mr. McGOVERN. Mr. Chairman, will learned our lessons in the past, and I pen again. We had a special commis- the gentleman yield? would strongly urge Members to vote sion meeting all hours of the day and Mr. REGULA. I yield to the gen- ‘‘no’’ on this amendment. night trying to address the problem. tleman from Massachusetts. Ms. CHRISTIAN-GREEN. Mr. Chairman I Industries closed down, hospitals and Mr. McGOVERN. Mr. Chairman, I rise in strong support of the amendment of my schools were suffering problems. How would agree with the gentleman in en- fellow Freshman Class colleague, Mr. MCGOV- quickly we forget. We forget we sent forcing accountability in this program, ERN and would urge all of my colleagues to soldiers, disrupted families, spent bil- but I would simply say that this is not support it as well. lions of dollars in Desert Storm to pro- what we are talking about when we are Mr. Chairman since its enactment in 1964, tect our energy supply, and now we talking about the importance of this over $3 billion have been appropriated from want to take another hit at energy program. We are talking about open the Land and Water Conservation Fund for conservation. spaces for families, we are talking matching grants to the 50 States and U.S. In- These programs result from the expe- about areas in inner cities that other- sular areas for land acquisition and recreation rience of OPEC tying up our energy wise would be left vacant. development. Through this program more than supply. They result from an under- 2.3 million acres have been acquired and b 1800 standing that we have to conserve. The recreation facilities have been built on some gentleman from Colorado (Mr. SKAGGS) The beauty of this program is, kind 25,000 sites. not long ago was making a strong case of like the State revolving fund, it In my own district, LWCF funds have been for energy conservation. Here we have would leverage more money from the used for very important land acquisitions at a bill that says, let us take another State. It is not just the Federal Gov- the VI National Park on St. John and hope- bite out of energy conservation to fund ernment giving money, but we are get- fully, very soon, to create a National Park local facilities, golf courses. We re- ting money from the State, and that is Service presence at the recently authorized member when the Land and Water Con- in keeping with the spirit that you be- Salt River National Park on the island of St. servation funds went to the States. It lieve. Croix. was easy money. It came from the Mr. REGULA. Mr. Chairman, re- Equally and vitally important are the funds ‘‘Federal Government.’’ claiming my time, we are talking provided from the LWCF for State and local

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00070 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6029 recreation programs, known as the Urban the gentleman from New York (Mr. least consistent with the Senate’s ap- Parks and Recreation Program. When the BOEHLERT), and many others of my col- propriation. LWCF was enacted over thirty years ago, one leagues. It is a subject which has Is it the gentleman’s intention to of its stated purposes was to assist in the broadly been discussed, the Land and move in this direction? preservation, development and assuring the Water Conservation Fund. Mr. REGULA. Yes, it is. As the gen- accessibility to outdoor recreation resources. As the gentleman knows, the Land tleman from New Jersey pointed out, Using this mandate, the LWCF has been used and Water Conservation Fund, which there are many competing demands on to build ballparks in urban settings from Oak- uses revenue from offshore oil and gas the limited funds provided in this bill, land, California to Washington, DC to my own drilling for the protection of recre- and I feel that we have done as well as area in the Virgin Islands. ation, historic and natural resource we could. In years past, the UPAR program received lands across the country, is of critical However, I certainly recognize the bipartisan support for increased funding every importance to the State of New Jersey importance of the Land and Water Con- year, because members on both sides of the and other States across the Nation. servation Fund, particularly in meet- isle recognized the importance of recreation in I appreciate the historic support of- ing the need for purchase of in-holdings the development of our young people. That is fered by the gentleman from Ohio and in meeting ongoing acquisition why I strongly support the amendment of my (Chairman REGULA) for this program. needs, as well as its importance to colleague from Massachusetts which would re- Funding levels for the Land and Water many Members of this body who sup- store funding for the LWCF program to the Conservation Fund in recent years, port projects in their district. Here is level requested by the Administration. however, have resulted in a backlog of an example, all three of these are Mem- Mr. Chairman, I also want to urge my col- unmet acquisition needs at many ber projects letters. While we cannot meet every request, leagues to again resist efforts to eliminate parks, forests, and wildlife refuges. the subcommittee will certainly strive funding for the National Endowment for the I am grateful the Congress finally ad- to work with the Senate to reach a Arts. Every federal dollar spent by the NEA dressed this need last year by appro- more adequate funding level in con- leverages many additional public dollars at the priating an additional $699 million to ference. And let me say parenthetically state and local level. Last year, the $98 million the Land and Water Conservation Fund that we imposed moratoria on a great dollars allocated to the NEA helped create a funds, and I know that that could not deal of offshore drilling which, of system that supports 1.3 million full time jobs have happened without the support of course, substantially reduced the flow the gentleman from Ohio. in states, cities, towns and villages across the of money into the Land and Water Con- I would like to ask the gentleman a country, providing $3.4 billion back to the fed- servation Fund. question related to the $699 million eral treasury in income taxes. Mr. FRELINGHUYSEN. Mr. Chair- We must continue to support the NEA not contained in last year’s Interior Appro- man, I appreciate the commitment of only because of the untold benefits this agen- priations bill. Of the $699 million ap- the gentleman from Ohio (Chairman propriated, it is my understanding that cy has on our culture but also because of the REGULA) and look forward to working importance that artistic expression and creativ- $362 million will be used to address with him on this important issue. ity has on the development of our children. high priority land acquisitions and Mr. GUTIERREZ. Mr. Chairman, I In closing Mr. Chairman, I want to pay trib- backlog maintenance needs around the move to strike the last word. ute to the Gentleman from Illinois, the Ranking country, but the final decision of what Mr. Chairman, I intended to offer an Member on the Interior Appropriation Commit- projects will be funded has not yet been amendment this afternoon that I be- tee, Mr. YATES. My colleagues, those of us made. lieve makes dollars and makes sense. from the U.S. offshore areas are very thankful Mr. Chairman, I would inquire, is it My amendment was based on the sim- to Mr. YATES for the support he has given to the gentleman’s intention to finalize ple premise that government agencies our needs over the years. Whether it has been the list of acquisitions before the end responsible for administering programs for disaster assistance as was the case with of the fiscal year 1998? with similar and complementary pur- Hurricanes Hugo and Marilyn in my district or Mr. REGULA. Mr. Chairman, will the poses can achieve greater success by to our many other important needs, Chairman gentleman yield? working together in our urban commu- YATES as he was known for so many years, Mr. FRELINGHUYSEN. I yield to the nities. was always willing to come to our aid. gentleman from Ohio. Interagency cooperation, the wise And so I want to say to Mr. YATES on behalf Mr. REGULA. Mr. Chairman, I would use of tax dollars and the development of the people of the Virgin Islands, whom I am tell the gentleman that yes, it is. I can of innovative approaches that employ privileged to represent, thank you for your assure the gentleman from New Jersey ideas from a variety of disciplines and support. You will be sorely missed in this body that it would be my intent, and I think sciences, should be promoted more but we wish you a very enjoyable retirement my colleague in the Senate feels the often by this Congress. That is what and come and visit us in the Virgin Islands. same way, to spend these funds this my amendment sought to accomplish. God Speed. year on high priority land, such as in- Also, I believe that my amendment The CHAIRMAN. The question is on holdings, high priority land acquisition would have been timely. We are cur- the amendment offered by the gen- and backlog maintenance projects. rently in the middle of what scientists tleman from Massachusetts (Mr. Mr. FRELINGHUYSEN. Mr. Chair- predict will be the hottest July in some MCGOVERN). man, reclaiming my time, I thank the 600 years. We have never recorded a The question was taken; and the gentleman, and would ask his indul- month hotter than the one we are cur- Chairman announced that the noes ap- gence for one more question. rently experiencing. In the Midwest peared to have it. Despite the extraordinary funding for and New England, major utility cor- RECORDED VOTE Land and Water Conservation projects, porations do not have the power to deal Mr. MCGOVERN. Mr. Chairman, I de- there will continue to be an annual with the added costs of cooling urban mand a recorded vote. need to address ongoing acquisitions areas. Rolling burnouts have already The CHAIRMAN. Pursuant to House within Federal units. In fiscal year 1999 occurred and are predicted to occur Resolution 504, further proceedings on the administration requested $270 mil- with more regularity as the summer the amendment offered by the gen- lion, which is in line with regular fund- progresses and the heat rise. tleman from Massachusetts (Mr. ing levels in recent years, but the In Chicago, Commonwealth Edison MCGOVERN) will be postponed. House bill was unable to achieve this says they are not sure who is going to Mr. FRELINGHUYSEN. Mr. Chair- level this year. get electricity at what point. However, man, I move to strike the last word. I realize the chairman of the sub- the heat wave that currently grips our Mr. Chairman, I would like to ask committee has worked on under strict Nation, raising temperatures above 100 the gentleman from Ohio (Mr. REGULA), budgetary constraints and in fact re- and the heat index above 110 in cities as the manager of the bill, to discuss ceived a lower 302(b) allocation than throughout America, is not an anom- for a moment a program of particular last year. However, it is my fervent aly. This decade has witnessed the six interest to me, the gentleman from hope that the conferees from this body hottest summers on record. New Hampshire (Mr. BASS), the gen- can work to arrive at a final Land and We should begin to expect these tleman from Delaware (Mr. CASTLE), Water Conservation level that is at types of weather effects more often. We

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6030 CONGRESSIONAL RECORD — HOUSE July 21, 1998 should also note that excessive summer pollution cannot be put off any longer. For the past 9 years, 70 volunteers heat is worse in our cities and metro- Let us get the agencies working to- from in and around Wabasha, Min- politan areas. Thus we should focus our gether on this. nesota, have generously donated their attention to our urban communities Mr. Chairman, I will not offer my time and talent in order to share this where dangerous summer heat has be- amendment today, but instead would once-in-a-lifetime experience with the come a public health hazard. ask to engage in a colloquy with the thousands of visitors who come each Currently, the Department of Energy gentleman from Ohio (Mr. REGULA), year to see this remarkable bird. These conducts research into the causes, con- chairman of the Subcommittee on In- thousands of visitors come to Wabasha sequences, and possible solutions to the terior Appropriations. because nowhere else in the lower 48 urban heat-island phenomenon. This The CHAIRMAN. The time of the States can one find a better view of research demonstrates that summer gentleman from Illinois (Mr. GUTIER- this, our national symbol. REZ) has expired. temperatures are 5 to 10 degrees higher b 1815 in central cities than in surrounding (By unanimous consent, Mr. GUTIER- areas. REZ was allowed to proceed for 30 addi- Nowhere else can visitors benefit, As my colleagues can imagine, the tional seconds.) free of charge, from a trained staff of energy costs and air pollution resulting Mr. GUTIERREZ. Mr. Chairman, I volunteers who help them spot and from these heat islands present critical would ask that the members of the sub- learn more about the Bald Eagle. problems for urban communities and committee work with me to compel the But as my colleague knows, Min- their residents. But beyond the higher Forest Service and the Department of nesota can get very cold in the winter, utility bills and air quality that heat Energy to sit down and coordinate and that is why the City of Wabasha islands foster are serious public health their efforts to reduce heat and pollu- and the State of Minnesota have joined concerns that must also be addressed. tion in order to save energy and to save forces and contributed $1.9 million, I represent an urban constituency. lives. I would urge the gentleman from about half the amount necessary, to Asphalt, brick and tar are common in Ohio (Mr. Regula), the manager of the construct an indoor eagle viewing and my community. In 1995, in my congres- bill, to follow the progress of these educational facility for the benefit of sional district alone, 100 people died be- agencies towards achieving that goal. visitors from all over the country. cause of excessive summer heat. Mr. REGULA. Mr. Chairman, will the Mr. Chairman, I have asked the gen- Throughout the City of Chicago in mid- gentleman yield? tleman from Ohio (Mr. Regula), the July of 1995, nearly 600 people died dur- Mr. GUTIERREZ. I yield to the gen- chairman of the subcommittee, if he ing the worst heat wave this decade. tleman from Ohio. would lend his support for the National The National Oceanic and Atmospheric Mr. REGULA. Mr. Chairman, we will Eagle Center. I understand the chair- Administration study of heat waves urge them to do that. I do not know if man will consider this request as the demonstrates that in certain sections the gentleman heard my opening state- Interior bill is taken up in conference of the city the mercury was 10 degrees ment, but I pointed out that we have with the Senate. higher than in the suburbs of the City pushed all agencies to coordinate wher- Mr. REGULA. Mr. Chairman, will the of Chicago. The heat index, which also ever possible to gain efficiencies in the gentleman yield? factors in humidity as well, was nearly expenditure of monies as well as to Mr. GUTKNECHT. I yield to the gen- 15 degrees higher. serve the public better. tleman from Ohio. Now, this year the Dallas area has So this is an example, I think, where Mr. REGULA. Mr. Chairman, the witnessed the effects of urban heat is- two agencies can coordinate their ef- gentleman from Minnesota is correct land. For 15 straight days in Dallas the forts to meet the needs that the gen- in his understanding. Recognizing the heat has reached 100 degrees or more. tleman from Illinois has outlined in his level of commitment on the part of the More than 80 people have died as a di- remarks. State of Minnesota and the community rect result of heat-related illnesses in Mr. GUTIERREZ. Mr. Chairman, re- of Wabasha, as well as the national in- the Dallas area and across the South. claiming my time, I thank the gen- terests served by this center, I will DOE research has shown that the tleman from Ohio, and I look forward work with the gentleman from Min- heat-island phenomenon is prevalent to working with him. nesota in his efforts to include support- throughout the country. I believe we Mr. GUTKNECHT. Mr. Chairman, I ive language in a statement of man- should look for solutions to this seri- move to strike the last word. agers to accompany the conference re- ous public health concern. The Forest Mr. Chairman, I wish to engage in a port on the Interior bill. Service currently administers a pro- colloquy with the distinguished gen- Mr. GUTKNECHT. Mr. Chairman, I gram that should be integrated with tleman from Ohio (Mr. REGULA), chair- greatly appreciate the chairman’s will- the Energy Department’s heat-island man of the Subcommittee on Interior ingness to work with me on this research to help lessen the effects of Appropriations, concerning the pro- project, which is so important to my summer heat in urban areas. Between posed National Eagle Center in home State, the community of these two agencies, we understand the Wabasha, Minnesota. Wabasha, me and, most importantly, to problem and we can come to an impor- Many of my colleagues may recall a millions of Americans eager to see this tant solution. CBS report last winter concerning ef- remarkably beautiful symbol of our The DOE can supply the data that forts in the City of Wabasha, Min- Nation. helps local communities plan where nesota, to construct a National Eagle Mr. REGULA. Mr. Chairman, I ask urban green space must be improved Center. In his news report, anchorman unanimous consent that the bill and expanded. The Forest Service can Harry Smith stated that it makes his through page 55, line 14, be considered help local communities plant and heart quicken to see this magnificent as read, printed in the RECORD and maintain trees and flora. By cooperat- symbol of our Nation in its natural en- open to amendment at any point. ing, sharing, and working together, vironment: Hundreds of bald eagles The CHAIRMAN. Is there objection these agencies can fulfill their mis- perched in the cottonwoods and fishing to the request of the gentleman from sions more effectively. along the banks of the Mississippi Ohio? I do not believe that additional ap- River near Wabasha, a community of There was no objection. propriations are required by this 2,500 people made famous by the movie, The text of the bill from page 20, line amendment. The programs in question ‘‘Grumpy Old Men.’’ 4 through page 55, line 14 is as follows: also will not have to be changed. What Mr. Chairman, Harry Smith is not ADMINISTRATIVE PROVISIONS the amendment would have required is unlike millions of Americans who are Appropriations for the National Park Serv- coordination and innovation, not dol- thrilled to have a rare chance to see a ice shall be available for the purchase of not bald eagle in the wild. In fact, CBS to exceed 375 passenger motor vehicles, of lars and regulation. which 291 shall be for replacement only, in- Mr. Chairman, I feel strongly that News officials said the network re- cluding not to exceed 305 for police-type use, this is a win-win situation for our gov- ceived more phone calls requesting 12 buses, and 6 ambulances: Provided, That ernment and cities. Developing solu- copies of this story of Smith’s than any none of the funds appropriated to the Na- tions to problems of urban heat and other. tional Park Service may be used to process

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6031 any grant or contract documents which do such procedures are in the public interest; Reclamation Act of 1977, Public Law 95–87, as not include the text of 18 U.S.C. 1913: Pro- construction and maintenance of necessary amended, including the purchase of not to vided further, That none of the funds appro- buildings and appurtenant facilities; acquisi- exceed 10 passenger motor vehicles, for re- priated to the National Park Service may be tion of lands for gauging stations and obser- placement only; $93,074,000, and notwith- used to implement an agreement for the re- vation wells; expenses of the United States standing 31 U.S.C. 3302, an additional amount development of the southern end of Ellis Is- National Committee on Geology; and pay- shall be credited to this account, to remain land until such agreement has been submit- ment of compensation and expenses of per- available until expended, from performance ted to the Congress and shall not be imple- sons on the rolls of the Survey duly ap- bond forfeitures in fiscal year 1999 and there- mented prior to the expiration of 30 calendar pointed to represent the United States in the after: Provided, That the Secretary of the In- days (not including any day in which either negotiation and administration of interstate terior, pursuant to regulations, may use di- House of Congress is not in session because compacts: Provided, That activities funded rectly or through grants to States, moneys of adjournment of more than three calendar by appropriations herein made may be ac- collected in fiscal year 1999 for civil pen- days to a day certain) from the receipt by complished through the use of contracts, alties assessed under section 518 of the Sur- the Speaker of the House of Representatives grants, or cooperative agreements as defined face Mining Control and Reclamation Act of and the President of the Senate of a full and in 31 U.S.C. 6302 et seq.: Provided further, 1977 (30 U.S.C. 1268), to reclaim lands ad- comprehensive report on the development of That the United States Geological Survey versely affected by coal mining practices the southern end of Ellis Island, including may contract directly with individuals or in- after August 3, 1977, to remain available the facts and circumstances relied upon in directly with institutions or nonprofit orga- until expended: Provided further, That appro- support of the proposed project. nizations, without regard to 41 U.S.C. 5, for priations for the Office of Surface Mining None of the funds in this Act may be spent the temporary or intermittent services of Reclamation and Enforcement may provide by the National Park Service for activities science students or recent graduates, who for the travel and per diem expenses of State taken in direct response to the United Na- shall be considered employees for the pur- and tribal personnel attending Office of Sur- tions Biodiversity Convention. poses of chapter 81 of title 5, United States face Mining Reclamation and Enforcement The National Park Service may distribute Code, relating to compensation for work in- sponsored training: Provided further, That be- to operating units based on the safety record juries, and chapter 171 of title 28, United ginning in fiscal year 1999 and thereafter, of each unit the costs of programs designed States Code, relating to tort claims, but cost-based fees for the products of the Mine to improve workplace and employee safety, shall not be considered to be Federal em- Map Repository shall be established (and re- and to encourage employees receiving work- ployees for any other purposes. vised as needed) in Federal Register Notices, ers’ compensation benefits pursuant to chap- MINERALS MANAGEMENT SERVICE and shall be collected and credited to this ter 81 of title 5, United States Code, to re- ROYALTY AND OFFSHORE MINERALS account, to be available until expended for turn to appropriate positions for which they MANAGEMENT the costs of administering this program. are medically able. For expenses necessary for minerals leas- ABANDONED MINE RECLAMATION FUND UNITED STATES GEOLOGICAL SURVEY ing and environmental studies, regulation of For necessary expenses to carry out title industry operations, and collection of royal- SURVEYS, INVESTIGATIONS, AND RESEARCH IV of the Surface Mining Control and Rec- ties, as authorized by law; for enforcing laws lamation Act of 1977, Public Law 95–87, as For expenses necessary for the United and regulations applicable to oil, gas, and amended, including the purchase of not more States Geological Survey to perform sur- other minerals leases, permits, licenses and than 10 passenger motor vehicles for replace- veys, investigations, and research covering operating contracts; and for matching grants ment only, $185,416,000, to be derived from re- topography, geology, hydrology, and the or cooperative agreements; including the ceipts of the Abandoned Mine Reclamation mineral and water resources of the United purchase of not to exceed eight passenger Fund and to remain available until ex- States, its territories and possessions, and motor vehicles for replacement only; pended; of which up to $7,000,000, to be de- other areas as authorized by 43 U.S.C. 31, $116,402,000, of which $72,729,000 shall be rived from the cumulative balance of inter- 1332, and 1340; classify lands as to their min- available for royalty management activities; est earned to date on the Fund, shall be for eral and water resources; give engineering and an amount not to exceed $100,000,000, to supplemental grants to States for the rec- supervision to power permittees and Federal be credited to this appropriation and to re- lamation of abandoned sites with acid mine Energy Regulatory Commission licensees; main available until expended, from addi- rock drainage from coal mines, and for asso- administer the minerals exploration pro- tions to receipts resulting from increases to ciated activities, through the Appalachian gram (30 U.S.C. 641); and publish and dissemi- rates in effect on August 5, 1993, from rate Clean Streams Initiative: Provided, That nate data relative to the foregoing activities; increases to fee collections for Outer Con- grants to minimum program States will be and to conduct inquiries into the economic tinental Shelf administrative activities per- $1,500,000 per State in fiscal year 1999: Pro- conditions affecting mining and materials formed by the Minerals Management Service vided further, That of the funds herein pro- processing industries (30 U.S.C. 3, 21a, and over and above the rates in effect on Septem- vided up to $18,000,000 may be used for the 1603; 50 U.S.C. 98g(1)) and related purposes as ber 30, 1993, and from additional fees for emergency program authorized by section authorized by law and to publish and dis- Outer Continental Shelf administrative ac- 410 of Public Law 95–87, as amended, of which seminate data; $774,838,000 of which tivities established after September 30, 1993: no more than 25 percent shall be used for $68,096,000 shall be available only for co- That $3,000,000 for computer acqui- Provided, emergency reclamation projects in any one operation with States or municipalities for sitions shall remain available until Septem- State and funds for federally administered water resources investigations; and of which ber 30, 2000: Provided further, That funds ap- emergency reclamation projects under this $16,400,000 shall remain available until ex- propriated under this Act shall be available proviso shall not exceed $11,000,000: Provided pended for conducting inquiries into the eco- for the payment of interest in accordance further, That prior year unobligated funds nomic conditions affecting mining and mate- with 30 U.S.C. 1721(b) and (d): Provided fur- appropriated for the emergency reclamation rials processing industries; and of which ther, That not to exceed $3,000 shall be avail- program shall not be subject to the 25 per- $150,871,000 shall be available until Septem- able for reasonable expenses related to pro- cent limitation per State and may be used ber 30, 2000 for the biological research activ- moting volunteer beach and marine cleanup without fiscal year limitation for emergency ity and the operation of the Cooperative Re- activities: Provided further, That notwith- projects: Provided further, That pursuant to search Units: Provided, That none of these standing any other provision of law, $15,000 Public Law 97–365, the Department of the In- funds provided for the biological research ac- under this heading shall be available for re- terior is authorized to use up to 20 percent tivity shall be used to conduct new surveys funds of overpayments in connection with from the recovery of the delinquent debt on private property, unless specifically au- certain Indian leases in which the Director owed to the United States Government to thorized in writing by the property owner: of the Minerals Management Service con- pay for contracts to collect these debts: Pro- Provided further, That no part of this appro- curred with the claimed refund due, to pay vided further, That funds made available to priation shall be used to pay more than one- amounts owed to Indian allottees or Tribes, States under title IV of Public Law 95–87 half the cost of topographic mapping or or to correct prior unrecoverable erroneous may be used, at their discretion, for any re- water resources data collection and inves- payments. quired non-Federal share of the cost of tigations carried on in cooperation with OIL SPILL RESEARCH projects funded by the Federal Government States and municipalities. For necessary expenses to carry out title I, for the purpose of environmental restoration ADMINISTRATIVE PROVISIONS section 1016, title IV, sections 4202 and 4303, related to treatment or abatement of acid The amount appropriated for the United title VII, and title VIII, section 8201 of the mine drainage from abandoned mines: Pro- States Geological Survey shall be available Oil Pollution Act of 1990, $6,118,000, which vided further, That such projects must be for the purchase of not to exceed 53 pas- shall be derived from the Oil Spill Liability consistent with the purposes and priorities senger motor vehicles, of which 48 are for re- Trust Fund, to remain available until ex- of the Surface Mining Control and Reclama- pended. placement only; reimbursement to the Gen- tion Act: Provided further, That the State of eral Services Administration for security OFFICE OF SURFACE MINING RECLAMATION AND Maryland may set aside the greater of guard services; contracting for the furnish- ENFORCEMENT $1,000,000 or 10 percent of the total of the ing of topographic maps and for the making REGULATION AND TECHNOLOGY grants made available to the State under of geophysical or other specialized surveys For necessary expenses to carry out the title IV of the Surface Mining Control and when it is administratively determined that provisions of the Surface Mining Control and Reclamation Act of 1977, as amended (30

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6032 CONGRESSIONAL RECORD — HOUSE July 21, 1998 U.S.C. 1231 et seq.), if the amount set aside is Compact, any funds provided in this Act capabilities: Provided further, That if the deposited in an acid mine drainage abate- with availability for more than two years Secretary declines an application, the Sec- ment and treatment fund established under a may be reprogrammed to two year availabil- retary shall follow the requirements con- State law, pursuant to which law the amount ity but shall remain available within the tained in 25 U.S.C. 2505(f): Provided further, (together with all interest earned on the Compact until expended: Provided further, That any disputes between the Secretary and amount) is expended by the State to under- That hereafter notwithstanding any other any grantee concerning a grant shall be sub- take acid mine drainage abatement and provision of law, Indian tribal governments ject to the disputes provision in 25 U.S.C. treatment projects, except that before any may, by appropriate changes in eligibility 2508(e): Provided further, That funds appro- amounts greater than 10 percent of its title criteria or by other means, change eligibility priated in Public Law 105–18, making emer- IV grants are deposited in an acid mine for general assistance or change the amount gency supplemental appropriations for the drainage abatement and treatment fund, the of general assistance payments for individ- Bureau of Indian Affairs for the repair of ir- State of Maryland must first complete all uals within the service area of such tribe rigation projects damaged in the severe win- Surface Mining Control and Reclamation who are otherwise deemed eligible for gen- ter conditions and ensuing flooding, are Act priority one projects: Provided further, eral assistance payments so long as such available on a nonreimbursable basis. That hereafter, donations received to sup- changes are applied in a consistent manner INDIAN LAND AND WATER CLAIM SETTLEMENTS port projects under the Appalachian Clean to individuals similarly situated and, that AND MISCELLANEOUS PAYMENTS TO INDIANS Streams Initiative and under the Western any savings realized by such changes shall be For miscellaneous payments to Indian Mine Lands Restoration Partnerships Initia- available for use in meeting other priorities tribes and individuals and for necessary ad- tive, pursuant to 30 U.S.C. 1231, shall be cred- of the tribes and, that any net increase in ministrative expenses, $28,396,000, to remain ited to this account and remain available costs to the Federal Government which re- available until expended; of which $27,530,000 until expended without further appropriation sult solely from tribally increased payment shall be available for implementation of en- for projects sponsored under these initia- levels for general assistance shall be met ex- acted Indian land and water claim settle- tives, directly through agreements with clusively from funds available to the tribe ments pursuant to Public Laws 101–618 and other Federal agencies, or through grants to from within its tribal priority allocation: 102–575, and for implementation of other en- States, and funding to local governments, or Provided further, That any forestry funds al- acted water rights settlements; and of which tax exempt private entities. located to a tribe which remain unobligated $866,000 shall be available pursuant to Public BUREAU OF INDIAN AFFAIRS as of September 30, 2000, may be transferred Laws 99–264, and 100–580: Provided, That in OPERATION OF INDIAN PROGRAMS during fiscal year 2001 to an Indian forest fiscal year 1999 and thereafter, the Secretary is directed to sell land and interests in land, For expenses necessary for the operation of land assistance account established for the other than surface water rights, acquired in Indian programs, as authorized by law, in- benefit of such tribe within the tribe’s trust conformance with section 2 of the Truckee cluding the Snyder Act of November 2, 1921 fund account: Provided further, That any such River Water Quality Settlement Agreement, (25 U.S.C. 13), the Indian Self-Determination unobligated balances not so transferred shall the receipts of which shall be deposited to and Education Assistance Act of 1975 (25 expire on September 30, 2001: Provided fur- the Lahontan Valley and Pyramid Lake Fish U.S.C. 450 et seq.), as amended, the Edu- ther, That hereafter tribes may use tribal and Wildlife Fund, and be available for the cation Amendments of 1978 (25 U.S.C. 2001– priority allocations funds for the replace- ment and repair of school facilities in com- purposes of section 2 of such agreement, 2019), and the Tribally Controlled Schools without regard to the limitation on the dis- Act of 1988 (25 U.S.C. 2501 et seq.), as amend- pliance with 25 U.S.C. 2005(a), so long as such replacement or repair is approved by the tribution of benefits in the second sentence ed, $1,558,425,000, to remain available until of paragraph 206(f)(2) of Public Law 101–618. September 30, 2000 except as otherwise pro- Secretary and completed with non-Federal vided herein, of which not to exceed tribal and/or tribal priority allocation funds. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT $96,028,000 shall be for welfare assistance pay- CONSTRUCTION For the cost of guaranteed loans, $4,501,000, ments and notwithstanding any other provi- For construction, repair, improvement, as authorized by the Indian Financing Act of sion of law, including but not limited to the and maintenance of irrigation and power sys- 1974, as amended: Provided, That such costs, Indian Self-Determination Act of 1975, as tems, buildings, utilities, and other facili- including the cost of modifying such loans, amended, not to exceed $114,881,000 shall be ties, including architectural and engineering shall be as defined in section 502 of the Con- available for payments to tribes and tribal services by contract; acquisition of lands, gressional Budget Act of 1974: Provided fur- organizations for contract support costs as- and interests in lands; and preparation of ther, That these funds are available to sub- sociated with ongoing contracts, grants, lands for farming, and for construction of sidize total loan principal, any part of which compacts, or annual funding agreements en- the Navajo Indian Irrigation Project pursu- is to be guaranteed, not to exceed $34,615,000. In addition, for administrative expenses to tered into with the Bureau prior to or during ant to Public Law 87–483, $121,695,000, to re- carry out the guaranteed loan programs, fiscal year 1999, as authorized by such Act, main available until expended: Provided, $500,000. except that tribes and tribal organizations That such amounts as may be available for may use their tribal priority allocations for the construction of the Navajo Indian Irriga- ADMINISTRATIVE PROVISIONS unmet indirect costs of ongoing contracts, tion Project may be transferred to the Bu- The Bureau of Indian Affairs may carry grants, or compacts, or annual funding reau of Reclamation: Provided further, That out the operation of Indian programs by di- agreements and for unmet welfare assistance not to exceed 6 percent of contract authority rect expenditure, contracts, cooperative costs, and of which not to exceed $383,451,000 available to the Bureau of Indian Affairs agreements, compacts and grants, either di- for school operations costs of Bureau-funded from the Federal Highway Trust Fund may rectly or in cooperation with States and schools and other education programs shall be used to cover the road program manage- other organizations. become available on July 1, 1999, and shall ment costs of the Bureau: Provided further, Appropriations for the Bureau of Indian remain available until September 30, 2000; That any funds provided for the Safety of Affairs (except the revolving fund for loans, and of which not to exceed $52,256,000 shall Dams program pursuant to 25 U.S.C. 13 shall the Indian loan guarantee and insurance remain available until expended for housing be made available on a nonreimbursable fund, and the Indian Guaranteed Loan Pro- gram account) shall be available for expenses improvement, road maintenance, attorney basis: Provided further, That for fiscal year of exhibits, and purchase of not to exceed 229 fees, litigation support, self-governance 1999, in implementing new construction or passenger motor vehicles, of which not to ex- grants, the Indian Self-Determination Fund, facilities improvement and repair project ceed 187 shall be for replacement only. land records improvement, the Navajo-Hopi grants in excess of $100,000 that are provided Notwithstanding any other provision of Settlement Program: Provided, That not- to tribally controlled grant schools under law, no funds available to the Bureau of In- withstanding any other provision of law, in- Public Law 100–297, as amended, the Sec- dian Affairs for central office operations or cluding but not limited to the Indian Self- retary of the Interior shall use the Adminis- pooled overhead general administration (ex- Determination Act of 1975, as amended, and trative and Audit Requirements and Cost cept facilities operations and maintenance) 25 U.S.C. 2008, not to exceed $42,160,000 within Principles for Assistance Programs con- shall be available for tribal contracts, and only from such amounts made available tained in 43 CFR part 12 as the regulatory re- grants, compacts, or cooperative agreements for school operations shall be available to quirements: Provided further, That such with the Bureau of Indian Affairs under the tribes and tribal organizations for adminis- grants shall not be subject to section 12.61 of provisions of the Indian Self-Determination trative cost grants associated with the oper- 43 CFR; the Secretary and the grantee shall Act or the Tribal Self-Governance Act of 1994 ation of Bureau-funded schools: Provided fur- negotiate and determine a schedule of pay- (Public Law 103–413). ther, That hereafter funds made available to ments for the work to be performed: Provided Notwithstanding any other provision of tribes and tribal organizations through con- further, That in considering applications, the law, no funds available to the Bureau, other tracts, compact agreements, or grants, as Secretary shall consider whether the Indian than the amounts provided herein for assist- authorized by the Indian Self-Determination tribe or tribal organization would be defi- ance to public schools under 25 U.S.C. 452 et Act of 1975 or grants authorized by the In- cient in assuring that the construction seq., shall be available to support the oper- dian Education Amendments of 1988 (25 projects conform to applicable building ation of any elementary or secondary school U.S.C. 2001 and 2008A) shall remain available standards and codes and Federal, tribal, or in the State of Alaska. until expended by the contractor or grantee: State health and safety standards as re- Appropriations made available in this or Provided further, That hereafter to provide quired by 25 U.S.C. 2005(a), with respect to any other Act for schools funded by the Bu- funding uniformity within a Self-Governance organizational and financial management reau shall be available only to the schools in

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6033 the Bureau school system as of September 1, commitment to timely maintenance of its Interior necessary to carry out the provi- 1996. No funds available to the Bureau shall capital assets): Provided further, That any ap- sions of the Comprehensive Environmental be used to support expanded grades for any propriation for disaster assistance under this Response, Compensation, and Liability Act, school or dormitory beyond the grade struc- heading in this Act or previous appropria- as amended (42 U.S.C. 9601 et seq.), Federal ture in place or approved by the Secretary of tions Acts may be used as non-Federal Water Pollution Control Act, as amended (33 the Interior at each school in the Bureau matching funds for the purpose of hazard U.S.C. 1251 et seq.), the Oil Pollution Act of school system as of October 1, 1995. mitigation grants provided pursuant to sec- 1990 (Public Law 101–380), and Public Law In the event any tribe returns appropria- tion 404 of the Robert T. Stafford Disaster 101–337; $4,492,000, to remain available until tions made available by the Act to the Bu- Relief and Emergency Assistance Act (42 expended: Provided, That obligated and unex- reau of Indian Affairs for distribution to U.S.C. 5170c). pended balances in the United States Fish other tribes, this action will not diminish COMPACT OF FREE ASSOCIATION and Wildlife Service, Natural Resource Dam- the Federal Government’s trust responsibil- For economic assistance and necessary ex- age Assessment Fund account at the end of ity to that tribe, or the government-to-gov- penses for the Federated States of Microne- fiscal year 1998 shall be transferred to and ernment relationship between the United sia and the Republic of the Marshall Islands made a part of the Departmental Offices, States and that tribe, or the tribe’s right to as provided for in sections 122, 221, 223, 232, Natural Resource Damage Assessment and future appropriations. and 233 of the Compact of Free Association, Restoration, Natural Resource Damage As- DEPARTMENTAL OFFICES and for economic assistance and necessary sessment Fund account and shall remain available until expended. INSULAR AFFAIRS expenses for the Republic of Palau as pro- ADMINISTRATIVE PROVISIONS ASSISTANCE TO TERRITORIES vided for in sections 122, 221, 223, 232, and 233 of the Compact of Free Association, There is hereby authorized for acquisition For expenses necessary for assistance to $20,545,000, to remain available until ex- from available resources within the Working territories under the jurisdiction of the De- pended, as authorized by Public Law 99–239 Capital Fund, 15 aircraft, 10 of which shall be partment of the Interior, $66,175,000, of and Public Law 99–658. for replacement and which may be obtained which: (1) $62,326,000 shall be available until by donation, purchase or through available expended for technical assistance, including DEPARTMENTAL MANAGEMENT excess surplus property: Provided, That not- maintenance assistance, disaster assistance, SALARIES AND EXPENSES withstanding any other provision of law, ex- insular management controls, and brown For necessary expenses for management of isting aircraft being replaced may be sold, tree snake control and research; grants to the Department of the Interior, $58,286,000, of with proceeds derived or trade-in value used the judiciary in American Samoa for com- which not to exceed $8,500 may be for official to offset the purchase price for the replace- pensation and expenses, as authorized by law reception and representation expenses, and ment aircraft: Provided further, That no pro- (48 U.S.C. 1661(c)); grants to the Government of which up to $1,000,000 shall be available for grams funded with appropriated funds in the of American Samoa, in addition to current workers compensation payments and unem- ‘‘Departmental Management’’, ‘‘Office of the local revenues, for construction and support ployment compensation payments associated Solicitor’’, and ‘‘Office of Inspector General’’ of governmental functions; grants to the with the orderly closure of the United States Bureau of Mines. may be augmented through the Working Government of the Virgin Islands as author- Capital Fund or the Consolidated Working OFFICE OF THE SOLICITOR ized by law; grants to the Government of Fund. Guam, as authorized by law; and grants to SALARIES AND EXPENSES GENERAL PROVISIONS, DEPARTMENT OF the Government of the Northern Mariana Is- For necessary expenses of the Office of the THE INTERIOR lands as authorized by law (Public Law 94– Solicitor, $37,304,000. 241; 90 Stat. 272); and (2) $3,849,000 shall be SEC. 101. Appropriations made in this title OFFICE OF INSPECTOR GENERAL available for salaries and expenses of the Of- shall be available for expenditure or transfer fice of Insular Affairs: Provided, That all fi- SALARIES AND EXPENSES (within each bureau or office), with the ap- nancial transactions of the territorial and For necessary expenses of the Office of In- proval of the Secretary, for the emergency local governments herein provided for, in- spector General, $24,499,000. reconstruction, replacement, or repair of air- cluding such transactions of all agencies or OFFICE OF SPECIAL TRUSTEE FOR AMERICAN craft, buildings, utilities, or other facilities instrumentalities established or used by INDIANS or equipment damaged or destroyed by fire, such governments, may be audited by the FEDERAL TRUST PROGRAMS flood, storm, or other unavoidable causes: Provided, That no funds shall be made avail- General Accounting Office, at its discretion, For operation of trust programs for Indi- able under this authority until funds specifi- in accordance with chapter 35 of title 31, ans by direct expenditure, contracts, cooper- cally made available to the Department of United States Code: Provided further, That ative agreements, compacts, and grants, the Interior for emergencies shall have been Northern Mariana Islands Covenant grant $39,499,000, to remain available until ex- exhausted: Provided further, That all funds funding shall be provided according to those pended: Provided, That funds for trust man- used pursuant to this section are hereby des- terms of the Agreement of the Special Rep- agement improvements may be transferred ignated by Congress to be ‘‘emergency re- resentatives on Future United States Finan- to the Bureau of Indian Affairs: Provided fur- quirements’’ pursuant to section 251(b)(2)(A) cial Assistance for the Northern Mariana Is- ther, That funds made available to Tribes of the Balanced Budget and Emergency Defi- lands approved by Public Law 99–396, or any and Tribal organizations through contracts cit Control Act of 1985, and must be replen- subsequent legislation related to Common- or grants obligated during fiscal year 1999, as ished by a supplemental appropriation which wealth of the Northern Mariana Islands authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall re- must be requested as promptly as possible. grant funding: Provided further, That of the SEC. 102. The Secretary may authorize the main available until expended by the con- Covenant grant funding for the Government expenditure or transfer of any no year appro- tractor or grantee: Provided further, That of the Northern Mariana Islands $5,000,000 priation in this title, in addition to the notwithstanding any other provision of law, shall be used for the construction of prison amounts included in the budget programs of the statute of limitations shall not com- facilities and $500,000 shall be used for con- the several agencies, for the suppression or mence to run on any claim, including any struction and equipping of a crime labora- emergency prevention of forest or range fires claim in litigation pending on the date of the tory unless the Secretary determines that on or threatening lands under the jurisdic- enactment of this Act, concerning losses to acceptable alternative financing for these tion of the Department of the Interior; for or mismanagement of trust funds, until the projects is already in place: Provided further, the emergency rehabilitation of burned-over affected tribe or individual Indian has been That of the amounts provided for technical lands under its jurisdiction; for emergency furnished with an accounting of such funds assistance, sufficient funding shall be made actions related to potential or actual earth- from which the beneficiary can determine available for a grant to the Close Up Founda- quakes, floods, volcanoes, storms, or other whether there has been a loss: Provided fur- tion: Provided further, That the funds for the unavoidable causes; for contingency plan- ther, That hereafter the Secretary shall not program of operations and maintenance im- ning subsequent to actual oilspills; for re- be required to provide a periodic statement provement are appropriated to institutional- sponse and natural resource damage assess- of performance pursuant to 25 U.S.C. 4011(b), ize routine operations and maintenance im- ment activities related to actual oilspills; nor to invest pursuant to 25 U.S.C. 161a, any provement of capital infrastructure in Amer- for the prevention, suppression, and control Indian trust account managed by the Sec- ican Samoa, Guam, the Virgin Islands, the of actual or potential grasshopper and Mor- retary that has not had activity for at least Commonwealth of the Northern Mariana Is- mon cricket outbreaks on lands under the ju- eighteen months and has a balance of $1.00 or lands, the Republic of Palau, the Republic of risdiction of the Secretary, pursuant to the less: Provided further, That hereafter the Sec- the Marshall Islands, and the Federated authority in section 1773(b) of Public Law 99– retary shall maintain a record of any such States of Micronesia through assessments of 198 (99 Stat. 1658); for emergency reclamation accounts and amounts in such accounts will long-range operations maintenance needs, projects under section 410 of Public Law 95– remain available upon request to the improved capability of local operations and 87; and shall transfer, from any no year funds accountholder. maintenance institutions and agencies (in- available to the Office of Surface Mining cluding management and vocational edu- NATURAL RESOURCE DAMAGE ASSESSMENT Reclamation and Enforcement, such funds as cation training), and project-specific mainte- AND RESTORATION may be necessary to permit assumption of nance (with territorial participation and NATURAL RESOURCE DAMAGE ASSESSMENT FUND regulatory authority in the event a primacy cost sharing to be determined by the Sec- To conduct natural resource damage as- State is not carrying out the regulatory pro- retary based on the individual territory’s sessment activities by the Department of the visions of the Surface Mining Act: Provided,

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6034 CONGRESSIONAL RECORD — HOUSE July 21, 1998 That appropriations made in this title for gas preleasing, leasing and related activities (e) Benefits under this section shall be paid fire suppression purposes shall be available in the eastern Gulf of Mexico planning area from the Helium Fund in accordance with for the payment of obligations incurred dur- for any lands located outside Sale 181, as section 4(c)(4) of the Helium Privatization ing the preceding fiscal year, and for reim- identified in the final Outer Continental Act of 1996. Funds may be made available to bursement to other Federal agencies for de- Shelf 5-Year Oil and Gas Leasing Program, Helium Program employees who are or will struction of vehicles, aircraft, or other 1997–2002. be separated before October 1, 2002 because of equipment in connection with their use for SEC. 110. No funds provided in this title the cessation of helium production and sales fire suppression purposes, such reimburse- may be expended by the Department of the and other related activities. Retraining ben- ment to be credited to appropriations cur- Interior to conduct oil and natural gas efits, including retraining and relocation in- rently available at the time of receipt there- preleasing, leasing and related activities in centives, may be paid for retraining com- of: Provided further, That for emergency re- the Mid-Atlantic and South Atlantic plan- mencing on or before September 30, 2002. habilitation and wildfire suppression activi- ning areas. SEC. 113. In fiscal year 1999 and thereafter, ties, no funds shall be made available under SEC. 111. Advance payments made under the Secretary may accept donations and be- this authority until funds appropriated to this title to Indian tribes, tribal organiza- quests of money, services, or other personal ‘‘Wildland Fire Management’’ shall have tions, and tribal consortia pursuant to the property for the management and enhance- been exhausted: Provided further, That all Indian Self-Determination and Education ment of the Department’s Natural Resources funds used pursuant to this section are here- Assistance Act (25 U.S.C. 450 et seq.) or the Library. The Secretary may hold, use, and by designated by Congress to be ‘‘emergency Tribally Controlled Schools Act of 1988 (25 administer such donations until expended requirements’’ pursuant to section U.S.C. 2501 et seq.) may be invested by the and without further appropriation. 251(b)(2)(A) of the Balanced Budget and Indian tribe, tribal organization, or consor- SEC. 114. Notwithstanding any other provi- Emergency Deficit Control Act of 1985, and tium before such funds are expended for the sion of law, including but not limited to the must be replenished by a supplemental ap- purposes of the grant, compact, or annual Indian Self-Determination Act of 1975, as propriation which must be requested as funding agreement so long as such funds amended, funds available under this title for promptly as possible: Provided further, That are— Indian self-determination or self-governance such replenishment funds shall be used to re- (1) invested by the Indian tribe, tribal or- contract or grant support costs may be ex- pended only for costs directly attributable to imburse, on a pro rata basis, accounts from ganization, or consortium only in obliga- contracts, grants and compacts pursuant to which emergency funds were transferred. tions of the United States, or in obligations SEC. 103. Appropriations made in this title or securities that are guaranteed or insured the Indian Self-Determination Act and no shall be available for operation of ware- by the United States, or mutual (or other) funds appropriated in this title shall be houses, garages, shops, and similar facilities, funds registered with the Securities and Ex- available for any contract support costs or wherever consolidation of activities will con- change Commission and which only invest in indirect costs associated with any contract, tribute to efficiency or economy, and said obligations of the United States or securities grant, cooperative agreement, self-govern- appropriations shall be reimbursed for serv- that are guaranteed or insured by the United ance compact or funding agreement entered ices rendered to any other activity in the States; or into between an Indian tribe or tribal organi- same manner as authorized by sections 1535 (2) deposited only into accounts that are zation and any entity other than an agency and 1536 of title 31, United States Code: Pro- insured by an agency or instrumentality of of the Department of the Interior. SEC. 115. Notwithstanding any other provi- vided, That reimbursements for costs and the United States, or are fully collateralized sions of law, the National Park Service shall supplies, materials, equipment, and for serv- to ensure protection of the Funds, even in not develop or implement a reduced entrance ices rendered may be credited to the appro- the event of a bank failure. fee program to accommodate non-local trav- priation current at the time such reimburse- SEC. 112. (a) Employees of Helium Oper- el through a unit. The Secretary may pro- ments are received. ations, Bureau of Land Management, enti- vide for and regulate local non-recreational SEC. 104. Appropriations made to the De- tled to severance pay under 5 U.S.C. 5595, partment of the Interior in this title shall be may apply for, and the Secretary of the Inte- passage through units of the National Park available for services as authorized by 5 rior may pay, the total amount of the sever- System, allowing each unit to develop guide- U.S.C. 3109, when authorized by the Sec- ance pay to the employee in a lump sum. lines and permits for such activity appro- retary, in total amount not to exceed Employees paid severance pay in a lump sum priate to that unit. SEC. 116. (a) Denver Service Center employ- $500,000; hire, maintenance, and operation of and subsequently reemployed by the Federal ees who voluntarily resign or retire from the aircraft; hire of passenger motor vehicles; Government shall be subject to the repay- National Park Service on or before Decem- purchase of reprints; payment for telephone ment provisions of 5 U.S.C. 5595(i)(2) and (3), ber 31, 1998, shall receive, from the National service in private residences in the field, except that any repayment shall be made to Park Service, a lump sum voluntary separa- when authorized under regulations approved the Helium Fund. tion incentive payment that shall be equal by the Secretary; and the payment of dues, (b) Helium Operations employees who elect to the lesser of an amount equal to the when authorized by the Secretary, for li- to continue health benefits after separation amount the employee would be entitled to brary membership in societies or associa- shall be liable for not more than the required receive under section 5595(c) of title 5, United tions which issue publications to members employee contribution under 5 U.S.C. States Code, if the employee were entitled to only or at a price to members lower than to 8905a(d)(1)(A). The Helium Fund shall pay for payment under such section; or $25,000. subscribers who are not members. 18 months the remaining portion of required (1) The voluntary separation incentive pay- SEC. 105. Appropriations available to the contributions. Department of the Interior for salaries and (c) The Secretary of the Interior may pro- ment— expenses shall be available for uniforms or vide for training to assist Helium Operations (A) shall not be a basis for payment, and allowances therefor, as authorized by law (5 employees in the transition to other Federal shall not be included in the computation of U.S.C. 5901–5902 and D.C. Code 4–204). or private sector jobs during the facility any other type of Government benefit; and SEC. 106. Appropriations made in this title shut-down and disposition process and for up (B) shall be paid from appropriations or shall be available for obligation in connec- to 12 months following separation from Fed- funds available for the payment of the basic tion with contracts issued for services or eral employment, including retraining and pay of the employee. rentals for periods not in excess of twelve relocation incentives on the same terms and (2) Employees receiving a voluntary sepa- months beginning at any time during the fis- conditions as authorized for employees of the ration incentive payment and accepting em- cal year. Department of Defense in section 348 of the ployment with the Federal Government SEC. 107. No funds provided in this title National Defense Authorization Act for Fis- within five years of the date of separation may be expended by the Department of the cal Year 1995. shall be required to repay the entire amount Interior for the conduct of offshore leasing (d) For purposes of the annual leave res- of the incentive payment to the National and related activities placed under restric- toration provisions of 5 U.S.C. 6304(d)(1)(B), Park Service. tion in the President’s moratorium state- the cessation of helium production and sales, (3) The Secretary may, at the request of ment of June 26, 1990, in the areas of north- and other related Helium Program activities the head of an Executive branch agency, ern, central, and southern California; the shall be deemed to create an exigency of pub- waive the repayment under paragraph (2) if North Atlantic; Washington and Oregon; and lic business under, and annual leave that is the individual involved possesses unique the eastern Gulf of Mexico south of 26 de- lost during leave years 1997 through 2001 be- abilities and is the only qualified applicant grees north latitude and east of 86 degrees cause of, 5 U.S.C. 6304 (regardless of whether available for the position. west longitude. such leave was scheduled in advance) shall be (4) In addition to any other payment which SEC. 108. No funds provided in this title restored to the employee and shall be cred- it is required to make under subchapter III may be expended by the Department of the ited and available in accordance with 5 of chapter 83 of title 5, United States Code, Interior for the conduct of offshore oil and U.S.C. 6304(d)(2). Annual leave so restored the National Park Service shall remit to the natural gas preleasing, leasing, and related and remaining unused upon the transfer of a Office of Personnel Management for deposit activities, on lands within the North Aleu- Helium Program employee to a position of in the Treasury of the United States to the tian Basin planning area. the executive branch outside of the Helium credit of the Civil Service Retirement and SEC. 109. No funds provided in this title Program shall be liquidated by payment to Disability Fund an amount equal to 15 per- may be expended by the Department of the the employee of a lump sum from the Helium cent of the final basic pay of each employee Interior to conduct offshore oil and natural Fund for such leave. of the National Park Service—

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(A) who retires under section 8336(d)(2) of AMENDMENT OFFERED BY MR. SKAGGS NOES—213 title 5, United States Code; and The CHAIRMAN. The pending busi- Abercrombie Gibbons Northup (B) to whom a voluntary separation incen- ness is the demand for a recorded vote Aderholt Gilchrest Norwood tive payment has been or is to be paid under Archer Gillmor Ortiz the provisions of this section. on the amendment offered by the gen- Armey Goodlatte Oxley (b) Employees of the Denver Service Cen- tleman from Colorado (Mr. SKAGGS) on Bachus Goodling Packard ter entitled to severance pay under 5 U.S.C. which further proceedings were post- Baker Goss Paxon 5595, may apply for, and the National Park poned and on which the ayes prevailed Ballenger Graham Pease Barr Granger Peterson (PA) Service may pay, the total amount of sever- by voice vote. Barrett (NE) Green Pickering ance pay to the employee in a lump sum. The Clerk will designate the amend- Bartlett Gutknecht Pickett Employees paid severance pay in a lump sum ment. Barton Hall (OH) Pombo and subsequently reemployed by the Federal Bateman Hall (TX) Pomeroy Government shall be subject to the repay- The Clerk designated the amend- Bentsen Hamilton Portman ment provisions of 5 U.S.C. 5595(i) (2) and (3), ment. Bereuter Hansen Poshard Bliley Hastings (WA) Pryce (OH) except that any repayment shall be made to RECORDED VOTE the National Park Service. Blunt Hefley Radanovich (c) Employees of the Denver Service Center The CHAIRMAN. A recorded vote has Boehner Hefner Redmond been demanded. Bonilla Herger Regula who voluntarily resign on or before Decem- Bono Hill Reyes ber 31, 1998, or who are separated in a reduc- A recorded vote was ordered. Borski Hilleary Riggs tion in force, shall be liable for not more The vote was taken by electronic de- Boswell Hobson Riley than the required employee contribution vice, and there were—ayes 212, noes 213, Brady (PA) Hoekstra Rogan Brady (TX) Holden Rohrabacher under 5 U.S.C. 8905a(d)(1)(A) if they elect to not voting 9, as follows: continue health benefits after separation. Brown (CA) Horn Ros-Lehtinen The National Park Service shall pay for 12 [Roll No. 313] Bryant Hostettler Roukema months the remaining portion of required Bunning Houghton Royce AYES—212 Burr Hunter Ryun contributions. Ackerman Greenwood Owens Burton Hutchinson Sandlin SEC. 117. Notwithstanding any other provi- Allen Gutierrez Pallone Buyer Hyde Sanford sion of law, the Secretary is authorized to Andrews Hastert Pappas Callahan Inglis Saxton permit persons, firms or organizations en- Baesler Hastings (FL) Parker Calvert Istook Scarborough gaged in commercial, cultural, educational, Baldacci Hayworth Pascrell Canady Jackson-Lee Schaefer, Dan or recreational activities (as defined in sec- Barcia Hilliard Pastor Cannon (TX) Schaffer, Bob tion 612a of title 40, United States Code) not Barrett (WI) Hinchey Paul Chabot Jenkins Sensenbrenner currently occupying such space to use court- Bass Hinojosa Payne Chambliss Johnson (CT) Sessions Chenoweth Johnson, Sam Shadegg yards, auditoriums, meeting rooms, and Becerra Hooley Pelosi Berman Hoyer Peterson (MN) Christensen Jones Shaw other space of the main and south Interior Berry Hulshof Petri Coble Kanjorski Shimkus building complex, Washington, D.C., the Bilbray Jackson (IL) Pitts Coburn Kaptur Shuster maintenance, operation, and protection of Bilirakis Jefferson Porter Collins Kennelly Sisisky which has been delegated to the Secretary Bishop Johnson (WI) Price (NC) Combest Kim Skeen from the Administrator of General Services Blagojevich Johnson, E.B. Quinn Condit Kingston Smith (MI) pursuant to the Federal Property and Ad- Blumenauer Kasich Rahall Cook Klink Smith (OR) ministrative Services Act of 1949, and to as- Boehlert Kelly Ramstad Cooksey Knollenberg Smith (TX) Costello Kolbe Snowbarger sess reasonable charges therefore, subject to Bonior Kennedy (MA) Rangel Boucher Kennedy (RI) Rivers Cox Kucinich Souder such procedures as the Secretary deems ap- Boyd Kildee Rodriguez Coyne Lampson Spence propriate for such uses. Charges may be for Brown (FL) Kilpatrick Roemer Crane Largent Stearns the space, utilities, maintenance, repair, and Brown (OH) Kind (WI) Rogers Crapo Latham Stenholm other services. Charges for such space and Camp King (NY) Rothman Cubin LaTourette Stump services may be at rates equivalent to the Campbell Kleczka Roybal-Allard Cunningham Lewis (CA) Talent prevailing commercial rate for comparable Capps Klug Rush Davis (VA) Lewis (KY) Tauzin space and services devoted to a similar pur- Cardin LaFalce Sabo Deal Linder Taylor (MS) DeLay Livingston Taylor (NC) pose in the vicinity of the main and south Carson LaHood Salmon Castle Lantos Sanchez Diaz-Balart Lucas Thomas Interior building complex, Washington, D.C. Clay Lazio Sanders Dickey Maloney (CT) Thornberry for which charges are being assessed. The Clayton Leach Sawyer Dicks Mascara Thurman Secretary may without further appropria- Clement Lee Schumer Dooley McCollum Tiahrt tion hold, administer, and use such proceeds Clyburn Levin Scott Doolittle McCrery Traficant within the Departmental Management Work- Conyers Lewis (GA) Serrano Doyle McDade Turner ing Capital Fund to offset the operation of Cramer Lipinski Shays Dreier McInnis Visclosky the buildings under his jurisdiction, whether Cummings LoBiondo Sherman Dunn McIntosh Wamp Edwards McKeon Watkins delegated or otherwise, and for related pur- Danner Lofgren Skaggs Davis (FL) Lowey Skelton Ehrlich Mica Watts (OK) poses, until expended. Davis (IL) Luther Slaughter Everett Miller (FL) Weldon (FL) SEC. 118. The 37 mile River Valley Trail DeFazio Maloney (NY) Smith (NJ) Ewing Moakley White from the town of Delaware Gap to the edge DeGette Manton Smith, Adam Fattah Mollohan Wicker of the town of Milford, Pennsylvania located Delahunt Manzullo Smith, Linda Fowler Moran (KS) Wilson within the Delaware Water Gap National DeLauro Markey Snyder Frelinghuysen Murtha Wolf Recreation Area shall hereafter be referred Deutsch Martinez Spratt Frost Myrick Young (AK) to in any law, regulation, document, or Dingell Matsui Stabenow Gallegly Nethercutt Gejdenson Ney record of the United States as the Joseph M. Doggett McCarthy (MO) Stark Duncan McCarthy (NY) Strickland McDade Recreational Trail. Ehlers McDermott Stupak NOT VOTING—9 Emerson McGovern Sununu The CHAIRMAN. Are there amend- Dixon Harman Solomon Engel McHale Tanner ments to the bill through page 55, line Ford John Stokes English McHugh Tauscher Gonzalez McNulty Young (FL) 14? Ensign McIntyre Thompson SEQUENTIAL VOTES POSTPONED IN COMMITTEE Eshoo McKinney Thune OF THE WHOLE Etheridge Meehan Tierney b 1839 The CHAIRMAN. Pursuant to House Evans Meek (FL) Torres Farr Meeks (NY) Towns Resolution 504, proceedings will now Fawell Menendez Upton Messrs. WATKINS, MOAKLEY, resume on those amendments on which Fazio Metcalf Velazquez LATHAM, SMITH of Michigan, and Ms. further proceedings were postponed in Filner Millender- Vento ROS-LEHTINEN changed their vote Foley McDonald Walsh the following order: the amendment of- Forbes Miller (CA) Waters from ‘‘aye’’ to ‘‘no.’’ fered by the gentleman from Colorado Fossella Minge Watt (NC) Mr. SKELTON and Mr. METCALF (Mr. SKAGGS), the amendment offered Fox Mink Waxman changed their vote from ‘‘no’’ to ‘‘aye.’’ by the gentleman from Vermont (Mr. Frank (MA) Moran (VA) Weldon (PA) Franks (NJ) Morella Weller SANDERS), and the amendment offered Furse Nadler Wexler by the gentleman from Massachusetts Ganske Neal Weygand b 1840 (Mr. MCGOVERN). Gekas Neumann Whitfield The Chair will reduce to 5 minutes Gephardt Nussle Wise So the amendment was rejected. Gilman Oberstar Woolsey the time for any electronic vote after Goode Obey Wynn The result of the vote was announced the first vote in this series. Gordon Olver Yates as above recorded.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6036 CONGRESSIONAL RECORD — HOUSE July 21, 1998

ANNOUNCEMENT BY THE Pascrell Sanders Sununu Messrs. MCCOLLUM, SCHUMER and Pastor Scarborough Tanner CHAIRMAN PRO TEMPORE Paul Schaffer, Bob Taylor (MS) DICKS changed their vote from ‘‘no’’ The CHAIRMAN pro tempore (Mr. Payne Schumer Taylor (NC) to ‘‘aye.’’ Pease Sensenbrenner Thompson So the amendment was agreed to. PEASE). Pursuant to House Resolution Peterson (MN) Serrano Thune The result of the vote was announced 504, the Chair announces that he will Peterson (PA) Shadegg Thurman reduce to a minimum of 5 minutes the Petri Shays Torres as above recorded. period of time within which a vote by Pickering Sherman Towns AMENDMENT OFFERED BY MC GOVERN Pombo Skelton Velazquez electronic device may be taken on each Portman Slaughter Vento The CHAIRMAN. The pending busi- amendment on which the Chair has Quinn Smith (MI) Waters ness is the demand for a recorded vote postponed further proceedings. Radanovich Smith (NJ) Watt (NC) on the amendment offered by the gen- Rahall Smith (OR) Waxman tleman from Massachusetts (Mr. AMENDMENT NO. 6 OFFERED BY MR. SANDERS Ramstad Smith, Adam Weldon (FL) MCGOVERN) on which further proceed- The CHAIRMAN pro tempore. The Riggs Smith, Linda Weller Rivers Snyder Wexler ings were postponed and on which the question is on amendment No. 6 offered Rogers Solomon Weygand noes prevailed by voice vote. by the gentleman from Vermont (Mr. Rohrabacher Spratt White The Clerk will designate the amend- SANDERS) on which further proceedings Rothman Stabenow Whitfield ment. were postponed and on which the noes Roukema Stearns Wicker Roybal-Allard Stokes Woolsey The Clerk designated the amend- prevailed by voice vote. Royce Strickland Wynn ment. The Clerk will redesignate the Rush Stump Young (AK) amendment. Salmon Stupak RECORDED VOTE The Clerk redesignated the amend- NOES—185 The CHAIRMAN. A recorded vote has been demanded. ment. Aderholt Gillmor Oxley Bachus Gilman Packard A recorded vote was ordered. RECORDED VOTE Baker Gordon Paxon The CHAIRMAN. This will be a 5- The CHAIRMAN pro tempore. A re- Ballenger Goss Pelosi minute vote. corded vote has been demanded. Barrett (NE) Granger Pickett Bartlett Green Pitts The vote was taken by electronic de- A recorded vote was ordered. Barton Greenwood Pomeroy vice, and there were—ayes 203, noes 221, The CHAIRMAN pro tempore. This Bateman Gutknecht Porter not voting 10, as follows: will be a 5-minute vote. Bentsen Hall (OH) Poshard Bereuter Hall (TX) Price (NC) [Roll No. 315] The vote was taken by electronic de- Berman Hamilton Pryce (OH) AYES—203 vice, and there were—ayes 241, noes 185, Bilirakis Hastert Rangel Abercrombie Frank (MA) McGovern Bliley Hilleary not voting 8, as follows: Redmond Ackerman Furse McHale Blunt Hobson Regula Allen Gekas McIntyre [Roll No. 314] Boehner Holden Reyes Andrews Gephardt McKinney Bonilla Hoyer AYES—241 Riley Bachus Gilman Meehan Borski Hunter Rodriguez Abercrombie DeGette Kennedy (MA) Baesler Goode Meek (FL) Brady (PA) Hyde Roemer Ackerman Delahunt Kennedy (RI) Baldacci Graham Meeks (NY) Brady (TX) Inglis Rogan Allen DeLauro Kildee Barcia Greenwood Menendez Brown (CA) Istook Ros-Lehtinen Andrews Deutsch Kilpatrick Barrett (WI) Gutierrez Mica Burr Jackson-Lee Ryun Archer Dicks Kind (WI) Bass Hastings (FL) Millender- Burton (TX) Sabo Armey Dooley Kleczka Becerra Hayworth McDonald Callahan Johnson, E. B. Sanchez Baesler Doolittle Kolbe Bereuter Hefner Miller (CA) Cardin Johnson, Sam Sandlin Baldacci Dreier LaFalce Berman Hilliard Mink Castle Kanjorski Sanford Barcia Duncan Latham Berry Hinchey Moran (VA) Chambliss Kennelly Sawyer Barr Dunn LaTourette Bilbray Hinojosa Morella Christensen Kim Saxton Barrett (WI) Ehrlich Leach Bilirakis Hooley Myrick Clement King (NY) Schaefer, Dan Bass Emerson Lewis (GA) Bishop Horn Nadler Coburn Kingston Scott Becerra Ensign Lewis (KY) Blagojevich Houghton Neal Combest Klink Sessions Berry Etheridge Lipinski Blumenauer Hulshof Nethercutt Cook Klug Shaw Bilbray Evans LoBiondo Boehlert Hunter Neumann Cooksey Knollenberg Shimkus Bishop Fazio Lofgren Bonior Inglis Oberstar Costello Kucinich Shuster Blagojevich Filner Luther Boyd Jackson (IL) Obey Coyne LaHood Sisisky Blumenauer Foley Maloney (NY) Brown (FL) Jackson-Lee Olver Cramer Lampson Skaggs Boehlert Fowler Manton Brown (OH) (TX) Owens Davis (VA) Lantos Skeen Bonior Franks (NJ) Manzullo Burton Jefferson Pallone DeLay Largent Smith (TX) Bono Furse Markey Camp Johnson (CT) Pappas Diaz-Balart Lazio Snowbarger Boswell Ganske Martinez Campbell Johnson (WI) Pascrell Dickey Lee Souder Boucher Gekas McCarthy (MO) Capps Kaptur Pastor Dingell Levin Spence Boyd Gibbons McCarthy (NY) Cardin Kelly Pease Doggett Lewis (CA) Stark Brown (FL) Goode McCollum Carson Kennedy (MA) Pelosi Doyle Linder Stenholm Brown (OH) Goodlatte McGovern Clayton Kennedy (RI) Petri Edwards Livingston Talent Bryant Goodling McHale Clement Kennelly Pitts Ehlers Lowey Tauscher Bunning Graham McHugh Clyburn Kildee Poshard Engel Lucas Tauzin Buyer Gutierrez McInnis Conyers Kilpatrick Price (NC) English Maloney (CT) Thomas Calvert Hansen McIntosh Costello Kind (WI) Quinn Eshoo Mascara Thornberry Camp Hastings (FL) McIntyre Coyne King (NY) Rahall Everett Matsui Tiahrt Campbell Hastings (WA) McKinney Cramer Kleczka Rangel Ewing McCrery Tierney Canady Hayworth Meehan Cummings Klink Reyes Farr McDade Traficant Cannon Hefley Meek (FL) Danner Klug Rivers Fattah McDermott Turner Capps Hefner Menendez Davis (FL) LaFalce Rodriguez Fawell McKeon Upton Carson Herger Metcalf Davis (IL) Lampson Rothman Forbes Meeks (NY) Visclosky Chabot Hill Millender- Davis (VA) Lantos Roybal-Allard Fossella Mica Walsh Chenoweth Hilliard McDonald DeFazio Lazio Rush Fox Miller (CA) Wamp Clay Hinchey Minge DeGette Leach Sanchez Frank (MA) Miller (FL) Watkins Clayton Hinojosa Mink Delahunt Lee Sanders Frelinghuysen Mollohan Watts (OK) Clyburn Hoekstra Moran (KS) DeLauro Levin Schumer Frost Moran (VA) Weldon (PA) Coble Hooley Morella Deutsch Lewis (CA) Scott Gallegly Murtha Wilson Collins Horn Myrick Dicks Lewis (GA) Serrano Gejdenson Ney Wise Condit Hostettler Nadler Dingell Lipinski Shays Gephardt Olver Wolf Conyers Houghton Neal Doggett Lofgren Sherman Gilchrest Ortiz Yates Cox Hulshof Nethercutt Ehrlich Lowey Skelton Crane Hutchinson Neumann NOT VOTING—8 Engel Luther Slaughter Crapo Jackson (IL) Northup Ensign Maloney (CT) Smith (MI) Dixon Harman Moakley Cubin Jefferson Norwood Eshoo Maloney (NY) Smith (NJ) Ford John Young (FL) Cummings Jenkins Nussle Etheridge Manton Smith, Adam Gonzalez McNulty Cunningham Johnson (CT) Oberstar Evans Markey Snowbarger Danner Johnson (WI) Obey Farr Martinez Snyder Davis (FL) Jones Owens b 1848 Fawell Matsui Spratt Davis (IL) Kaptur Pallone Filner McCarthy (MO) Stabenow Deal Kasich Pappas Mr. FOSSELLA changed his vote Forbes McCarthy (NY) Stark DeFazio Kelly Parker from ‘‘aye’’ to ‘‘no.’’ Fox McDermott Strickland

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6037 Stupak Towns Weldon (PA) b 1900 In the process, however, Senator Sununu Turner Weller Tauscher Upton Wexler Mr. WHITE. Mr. Chairman, I move to GORTON made clear that the uses of the Thompson Velazquez Weygand strike the last word. Federal hydroelectric facilities on the Thune Vento Woolsey Mr. Chairman, I would like to engage Columbia and Snake Rivers would not Thurman Waters Wynn be affected by actions on the Elwha. I Tierney Watt (NC) the chairman of the subcommittee in a Torres Waxman colloquy if I could do that, please. agree wholeheartedly with the Sen- Mr. REGULA. If the gentleman will ator’s intention. NOES—221 yield, yes, I will be happy to engage in Senator GORTON and I have not al- Aderholt Gejdenson Peterson (MN) a colloquy. ways agreed on the details of this Archer Gibbons Peterson (PA) Armey Gilchrest Pickering Mr. WHITE. Mr. Chairman, I thank project. However, I am very pleased Baker Gillmor Pickett the gentleman from Ohio for the oppor- that he has indicated a willingness to Ballenger Goodlatte Pombo tunity to speak in support of resolving make changes to his current position Barr Goodling Pomeroy and will continue to encourage him to Barrett (NE) Gordon Porter the Elwha River Restoration Project. I Bartlett Goss Portman appreciate the committee’s leadership act sooner rather than later on the Barton Granger Pryce (OH) over the past three years in helping se- Elwha River project. Bateman Green Ramstad cure funding toward the acquisition of That is why today I introduced legis- Bentsen Gutknecht Redmond Bliley Hall (OH) Regula Elwha and Glines dams. This project is lation that modifies the language that Blunt Hall (TX) Riggs something we have been trying to get Senator GORTON included in the Sen- Boehner Hamilton Riley started since 1995, and I am pleased ator Interior Appropriations bill. My Bonilla Hansen Roemer legislation will authorize acquisition of Bono Hastert Rogan that we are finally starting to move in Borski Hastings (WA) Rogers the right direction. both facilities and will authorize the Boswell Hefley Rohrabacher Mr. REGULA. Mr. Chairman, if the removal of the lower Elwha dam sub- Boucher Herger Ros-Lehtinen gentleman will yield, I appreciate the ject to the availability of appropria- Brady (PA) Hill Roukema Brady (TX) Hilleary Royce gentleman from Washington’s leader- tions. My bill also includes an inde- Brown (CA) Hobson Ryun ship on this issue over the past 3 years. pendent scientific review on the bene- Bryant Hoekstra Sabo It is very clear that the gentleman is fits of removal prior to removal of the Bunning Holden Salmon deeply committed to seeing this upper Glines dam so that whatever de- Burr Hostettler Sandlin Buyer Hoyer Sanford project through to the end. I hope we cision we make is based on good, sound Callahan Hutchinson Sawyer can continue to look for ways to build science. Calvert Hyde Saxton on the support for the Elwha project. Mr. Chairman, I strongly share Sen- Canady Istook Scarborough Mr. WHITE. Mr. Chairman, as the ORTON Cannon Jenkins Schaefer, Dan ator G ’s concerns that the ac- Castle Johnson, E. B. Schaffer, Bob gentleman knows, I have been a strong tions taken on the Elwha dam set abso- Chabot Johnson, Sam Sensenbrenner proponent of providing funding for res- lutely no precedent on dam removal on Chambliss Jones Sessions toration efforts on the Elwha River in the Columbia or Snake Rivers or their Chenoweth Kasich Shadegg Christensen Kim Shaw the Olympic Peninsula in Washington tributaries. For that reason, my bill Clay Kingston Shimkus State. We spend about $435 million specifically states that dam removal Coble Knollenberg Shuster every year on the Columbia and Snake on the Elwha River will not set a Coburn Kolbe Sisisky Rivers and do not have as much to Collins Kucinich Skaggs precedent on the Columbia or Snake Combest LaHood Skeen show for it as we would like. In the River systems. Finally, my bill pro- Condit Largent Smith (OR) case of the Elwha, a one-time payment vides that no hydroelectric facility can Cook Latham Smith (TX) of a much smaller amount will create a be removed or significantly modified Cooksey LaTourette Smith, Linda Cox Lewis (KY) Solomon pristine river and perfect salmon habi- structurally without congressional ap- Crane Linder Souder tat from glacier to salt water, and it is proval. Crapo Livingston Spence an investment well worth making. Mr. Chairman, it is my hope that, as Cubin LoBiondo Stearns For the past 3 years, I have been we work out the final details on the In- Cunningham Lucas Stenholm Deal Manzullo Stokes working with the gentleman, Senator terior Appropriations bill that you will DeLay Mascara Stump GORTON, who is the chairman of the consider the bill I introduced today as Diaz-Balart McCollum Talent Senate Interior Committee on Appro- a balanced solution to restoring salm- Dickey McCrery Tanner priations, and my good friend and col- Dooley McDade Tauzin on on the Elwha River. Doolittle McHugh Taylor (MS) league the gentleman from Washington Mr. REGULA. Mr. Chairman, will the Doyle McInnis Taylor (NC) (Mr. DICKS) on this issue. When we gentleman yield? Dreier McIntosh Thomas started this process in 1995, there was Mr. WHITE. I am happy to yield to Duncan McKeon Thornberry Dunn Metcalf Tiahrt not much interest in the Elwha project the gentleman from Ohio. Edwards Miller (FL) Traficant and Senator GORTON had strong res- Mr. REGULA. I thank the gentleman Ehlers Minge Visclosky ervations about moving forward. for his leadership on this issue. I am fa- Emerson Mollohan Walsh But a lot has changed over the past 3 miliar with it, and I certainly will look English Moran (KS) Wamp Everett Murtha Watkins years. Through some blood, sweat, and with interest at his suggestions and Ewing Ney Watts (OK) tears, we have made considerable look forward to working with him in Fattah Northup Weldon (FL) progress in securing funding for the an effort to keep the Elwha project Fazio Norwood White Elwha project and moving a little clos- Foley Nussle Whitfield moving ahead. Fossella Ortiz Wicker er to salmon restoration on the Elwha Ms. DUNN. Mr. Chairman, I move to Fowler Oxley Wilson River. We started this process with au- strike the last word. Franks (NJ) Packard Wise thorizing language in the fiscal year Mr. Chairman, I rise to enter into a Frelinghuysen Parker Wolf Frost Paul Yates 1997 Budget Resolution recognizing the colloquy with the chairman of the Sub- Gallegly Paxon Young (AK) environmental benefits of restoring committee on the Interior. Ganske Payne this pristine and unique river system. Mr. Chairman, I would like to take a NOT VOTING—10 Since 1995, we have been successful in moment to congratulate the gentleman Dixon John Radanovich securing $11 million in funding toward for all of his very successful work dur- Ford Kanjorski Young (FL) acquiring these dams. ing his chairmanship to prioritize fund- Gonzalez McNulty As the gentleman may know, Mr. ing for the National Park Service, es- Harman Moakley Chairman, during consideration of the pecially for the crown jewels of the Senate Interior Appropriations bill for service, our national parks. b 1858 fiscal year 1999, Senator GORTON in- Under the gentleman’s leadership, Mr. HASTERT and Mr. MINGE cluded language authorizing acquisi- the National Park System has contin- changed their vote from ‘‘aye’’ to ‘‘no.’’ tion of both the Elwha and Glines dams ued to see increased funding that has So the amendment was rejected. and authorized the removal of both helped to mitigate terrible backlogs in The result of the vote was announced dams subject to the availability of ap- operations and maintenance in all of as above recorded. propriations. the National Park Service units.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6038 CONGRESSIONAL RECORD — HOUSE July 21, 1998 As the gentleman knows, my con- Mr. DEAL of Georgia. Mr. Chairman, agreement. I believe that it is historic gressional district is home to one of I move to strike the last word. in its achievements, and I thank the our oldest national parks, Mt. Rainier. Mr. Chairman, I rise to engage the chairman for his patience and willing- In fact, Mt. Rainier will turn 100 years distinguished chairman of the Sub- ness to help us enact it into law. old in March of 1999 and has been the committee on the Interior in a col- Mr. Chairman, I would like to engage recipient of much-needed funds to take loquy regarding the language to en- the gentleman from Ohio (Mr. REGULA) care of severe maintenance backlog courage the U.S. Forrest Service to in a colloquy. and construction needs. continue the Pinhoti Trail into the Mr. Chairman, am I correct that our Unfortunately, it is far too difficult Cohutta region of the Chattahoochee intention in reaching this agreement for the average park enthusiast to find National Forest in the State of Geor- on Forest Service roads in section 330 out how much money his or her favor- gia. is to change who pays for the construc- ite park needs in any given year. Sepa- In the Interior Appropriations bill for tion and reconstructions of roads nec- rating the funding of the national fiscal year 1995, I was successful in al- essary to access timber sales in our na- parks into its own category would locating funds for construction of the tional forests by eliminating the Pur- make it much easier for the public to Pinhoti Trail in the Armuchee Division chaser Credit Program? track the annual funding levels. of the forest. As the population of At- No longer will it be the responsibility On January 7, 1997, I introduced the lanta continues to grow, the Pinhoti of U.S. taxpayers but rather the timber Crown Jewel National Parks Act to ac- Trail has become a high-use rec- purchasers themselves will pay for the complish this common sense reform. reational area. This trail is now over- construction and reconstructions of As chairman of the Subcommittee on used, so we really need to see that it is roads needed to access their national Interior of the Committee on Appro- extended. forest timber sales? priations, however, the gentleman has Does the committee encourage that Further, is it our intention that the authority to require that the ad- the Pinhoti Trail be continued in the those roads constructed and recon- ministration create a separate cat- Cohutta region of the Chattahoochee structed by timber purchasers will con- egory for all project funding requests National Forest? tinue to comply with all environmental for our 54 national parks. Mr. Chairman, I yield to the gen- laws and minimize the impact on natu- If I am correct, Mr. Chairman, I re- tleman from Ohio. ral resource values, such as water qual- spectfully request that the gentleman Mr. REGULA. Mr. Chairman, let me ity? instruct the administration to make say before responding that we have put Finally, Mr. Chairman, do we also in- this change beginning in the next fiscal substantial funding in the trails gen- tend that the Secretary may not re- year. This change will give the public erally, and I am a strong proponent of quire timber purchasers to pay for the the ability to more clearly see how trails. construction and reconstruction of their hard-earned dollars are being As I mentioned earlier, we, this year, roads beyond those standards used for spent. thanks to leadership of the gentleman timber roads, such as for recreation or Mr. REGULA. Mr. Chairman, will the for frequent use, without compensating gentlewoman yield? from Illinois (Mr. YATES) and past years, we are making the final pay- the timber purchaser? Ms. DUNN. I yield to the gentleman Mr. REGULA. Mr. Chairman, will the from Ohio. ment on the Appalachian Trail, and I think it ends in Georgia, if I am not gentleman from Illinois yield? Mr. REGULA. Yes, that is true. As Mr. PORTER. I yield to the gen- mistaken. the chairman of the Subcommittee on tleman from Ohio. the Interior, I do have the authority to Mr. DEAL of Georgia. It either ends Mr. REGULA. The gentleman from require that the administration sepa- or begins, whichever way you look at Illinois is correct. rate national park funding from the it. Mr. PORTER. I thank the gentleman other units under the National Park Mr. REGULA. That is, the glass is very much. Service. half full or half empty. Mr. GREENWOOD. Mr. Chairman, I I am pleased that the gentlewoman The gentleman understands that move to strike the last word. from Washington brought this to my there are limited resources available to Mr. Chairman, I would like to ask attention and agree that creating a the committee. However, due to the in- the chairman of the Subcommittee on separate category for the national creasing population growth in Georgia, the Interior of the Committee on Ap- parks will greatly benefit the ability of we will encourage the U.S. Forest Serv- propriations to enter into a colloquy to the public to understand what is hap- ice to consider extending the Pinhoti discuss legislation of particular impor- pening. In addition, it will enable them Trail into the Cohutta region of the tance to me and many of my col- to more easily discover that this Con- Chattahoochee National Forest. leagues, the Neotropical Migratory gress is committed to taking care of Mr. PORTER. Mr. Chairman, I move Bird Conservation Act. what we have in the public trust. to strike the last word. Mr. REGULA. Mr. Chairman, if the This year, we have again increased Mr. Chairman, this bill contains an gentleman will yield, I would be very the operating budget of the National historic agreement that has been pleased to join in a discussion with the Park Service. Under this bill, the Na- worked out over many months of nego- gentleman from Pennsylvania. tional Park Service will receive $99.3 tiations that permanently eliminates Mr. GREENWOOD. Mr. Chairman, as million more than last year. the Purchaser Road Credit program the chairman knows, the Neotropical This subcommittee will continue to that currently subsidizes timber com- Migratory Bird Conservation Act make every effort to spend the tax- panies to build logging roads in our na- would provide safeguard for this Na- payers’ dollar wisely and exercise ap- tional forests. As a result, I and others tion’s precious and delicate migratory propriate fiscal constraint in carrying will oppose other amendments to this bird population. This program fosters out programs financed by the public. section this year. nontraditional partnerships among the We will also continue to encourage the I want to take this opportunity to business community, nongovernmental administration to do the same as they thank the chairman, a gentleman for organizations and Western Hemisphere compile and submit their budget to whom I have the greatest admiration nations. Congress. and respect, for his willingness to par- Joining private enterprise with inter- The gentlewoman from Washington ticipate and carry this provision in this national environmental organizations State has my assurance that I will bill and I want to thank Members on combines their capital and know-how make this request of the administra- both sides of this issue who have spent needed for a successful venture. tion before the next budget cycle be- a great deal of time and effort, and Partnering these entities with local or- gins. most particularly their staff members ganizations in the targeted countries Ms. DUNN. Mr. Chairman, I thank who have done such a fine job in work- encourages and trains local people to the subcommittee chairman and con- ing this out. carry out the preservation of habitat gratulate him on his fine work in in- Katharine Fisher of my staff spent critical to migratory birds. creasing the budget of the National many, many hours in negotiations, as In the event that this legislation is Park Service. did many others, to carefully craft this enacted before the bill is conferenced

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6039 with the Senate, I would like to re- National Forest system, to ensure sus- the committee has now gone along quest that consideration be given to tainability, to ensure the fact that with, as well as my friend the gen- funding by the conferees. However, if timber roads are built properly, that tleman from Washington (Mr. DICKS), that is not the case, I would encourage we have the highest environmental which gets rid of the purchase-a-road the Department of Interior to consider standards and that we improve these credit program, which suspends the for- the funding of this program a priority roads and protect our natural heritage. est subsidies, the lumber subsidies we in its fiscal year 2000 budget. I regret very much that the gen- were giving to the timber companies, Mr. Chairman, I recognize the many tleman and I have not always seen eye which recognizes that we ought to have challenges you face in balancing com- to eye, but I regret the fact he is not and continue this moratorium into the peting needs and projects in the Inte- going to be with us next year. I have future, until we get an honest account- rior bill but I would like to emphasize enjoyed working with the gentleman. ing of what in fact the Forest Service the importance this program plays in Mr. KENNEDY of Massachusetts. Mr. needs and what they do not need. arresting the decline of our Nation’s Chairman, first of all, let me just I have never backed away from ask- neotropical migratory bird population. thank my good friend from Washington ing for taxpayer dollars for legitimate (Mr. DICKS). Everyone in the country needs of the people of this country. b 1915. listening to the debate should under- Where there are legitimate needs of Mr. REGULA. Mr. Chairman, will the stand that there is no one in the Con- our forests, we ought to provide the gentleman yield? gress of the United States that is re- funding. But we ought not to be mixing Mr. GREENWOOD. I yield to the gen- sponsible for cutting down more trees up and providing funding to lumber tleman from Ohio. than the gentleman from Washington companies that are simply using sub- Mr. REGULA. Mr. Chairman, I am fa- (Mr. DICKS). sidies that they do not need in order to miliar with this. I have martins that Mr. DICKS. No, that is not true. make more and more profits. come visit us every summer, and, of Mr. KENNEDY of Massachusetts. Mr. I want to commend the gentleman course, they migrate to South Amer- Chairman, I want to congratulate the from Washington (Mr. DICKS), the ica. So this kind of thing affects the gentleman for his phenomenal victory chairman of the committee, the gen- bird population that moves back and that he has been able to maintain over tleman from Ohio (Mr. REGULA), and forth between North and South Amer- the course of the last many, many the gentleman from Illinois (Mr. POR- ica. years in this body. TER) for the efforts they have made, As the gentleman from Pennsylvania But, on a serious note, we ought to and also want to say the gentlewoman recognize a great warrior in politics, points out, there are many competing from Oregon (Ms. FURSE) has an and the gentleman from Washington demands on the limited funds in this amendment which is coming up which I (Mr. DICKS) certainly fulfills that de- bill, but I do recognize the importance believe will once again highlight some scription. His defense of making cer- of protecting the Neotropical migra- of the discrepancies and issues that tain that we do have proper forestry tory bird population. While we cannot need to be addressed further in order to management in this country is some- meet every request, as evidenced by clarify exactly what accounts we ought thing that I have come to understand these three books with letters from to be putting money in and what ac- better because of the debates that he Members, I assure the gentleman that I counts we should not be putting money has fostered on the House floor, and it will work with the gentleman and the in. is important for those of us who want I do want to thank my good friend Department of Interior to ensure ap- to protect our Nation’s forests to un- propriate funding for the program once the gentleman from Washington (Mr. derstand that our forests have to be DICKS), and recognize the great con- the legislation is enacted. managed. I might say I congratulate the gen- tribution he makes. But also it is important for us to Mr. REGULA. Mr. Chairman, will the tleman from Pennsylvania (Mr. GREEN- make certain that we are not providing gentleman yield? WOOD) on making this effort. I think it taxpayer subsidies to lumber compa- Mr. DICKS. I yield to the gentleman is very important. nies that do not need them, lumber from Ohio. Mr. GREENWOOD. Mr. Chairman, I companies that have made tremendous Mr. REGULA. Mr. Chairman, I just appreciate the commitment and sup- profits as a result of the largess of the want to associate myself with the re- port of the chairman. taxpayers and the people of our Nation marks of the gentleman from Washing- The CHAIRMAN. The Committee will and the national heritage of our coun- ton (Mr. DICKS) and compliment all the rise informally. try, which has the most phenomenal parties and the goodwill of the gen- The Speaker pro tempore (Mr. RIGGS) and beautiful forests of any country on tleman from Massachusetts (Mr. KEN- assumed the chair. the face of the Earth. NEDY). We had a spirited debate on this f I recognize that we need to strike a issue last year, as we all know, and I balance in terms of the types of poli- MESSAGE FROM THE PRESIDENT think we have reached a reasonable cies and recognize that it does take compromise. I hope that the gentleman A message in writing from the Presi- taxpayer revenues to support the man- from Massachusetts (Mr. KENNEDY) will dent of the United States was commu- agement of our forests, and we ought look at the numbers. I think we have nicated to the House by Mr. Sherman to be honest and the Forest Service done in the bill much of what the gen- Williams, one of his secretaries. ought to be honest about what ac- tleman is suggesting there in terms of The SPEAKER pro tempore. The counts they really need to have, and funding reconstruction of roads, trying Committee will resume its sitting. how much money they need to have, in to improve forest health, and making f order to properly manage our forests. the forest a viable part of our Nation’s If there are roads that need to be im- DEPARTMENT OF THE INTERIOR recreation resources. proved, if there are damaged areas of The CHAIRMAN. The time of the AND RELATED AGENCIES APPRO- our forest that need to be tended to, if PRIATIONS ACT, 1999 gentleman from Washington (Mr. there are fire roads that need to be DICKS) has expired. The Committee resumed its sitting. built, we ought to build those roads, (By unanimous consent, Mr. DICKS Mr. DICKS. Mr. Chairman, I move to and we ought to put the money in the was allowed to proceed for one addi- strike the last word. account that the Forest Service needs. tional minute.) Mr. KENNEDY of Massachusetts. Mr. But what we ought not to do is turn Mr. DICKS. Mr. Chairman, I yield to Chairman, will the gentleman yield? around and give subsidies to lumber the gentleman from Ohio (Mr. REGULA). Mr. DICKS. I yield to my distin- companies that simply do not need Mr. REGULA. Mr. Chairman, the for- guished friend, the gentleman from them. Far too often in the past we have est is a viable part of our Nation’s rec- Massachusetts (Mr. KENNEDY), who, commingled those funds and had a reational resource, as well as a source along with the gentleman from Illinois complete misunderstanding about what of wood fiber under proper cir- (Mr. PORTER), have been two of the actually we were paying for. cumstances. Unfortunately, I will not people who worked the hardest to try I believe that the administration’s be able to use my two-by-four as evi- to bring their vision of reform to the policy, which I know the chairman of dence this year, so I will point out, so

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6040 CONGRESSIONAL RECORD — HOUSE July 21, 1998 I have not wasted all this time, that Mr. SKAGGS. Mr. Chairman, I appre- Mr. REGULA. Mr. Chairman, I agree the price of a two-by-four eight feet ciate the gentleman’s consideration, with my colleague that these negotia- long has gone in 10 years from $1.75 to and thank him for the opportunity to tions were very difficult, and, of $3.09, so that has an impact on the cost have this conversation. course, the gentleman from California of housing. Mr. RIGGS. Mr. Chairman, I move to (Mr. RIGGS) played a major role in Mr. KENNEDY of Massachusetts. Mr. strike the last word. achieving an agreement. But, in the Chairman, if the gentleman will yield Mr. Chairman, let me tell my col- end, we struck an agreement that ad- further, I would just like to point out leagues, who I know are waiting pa- dressed the concerns of all parties. once again that that poor old piece of tiently to offer further amendments to Let me assure my colleague, I will board that the gentleman is holding this bill, that I rise for the purposes of not support any efforts by the adminis- there that came from some lovely tree engaging in a colloquy with the sub- tration or the Congress to change any that was growing in one of our Nation’s committee chairman, who a year ago of the deadlines that were negotiated wonderful forests did not end up in fact at this time worked long and hard with as part of this very costly and very costing a whole lot more. What ended me and other concerned Members of controversial acquisition. up costing a lot more was the profits to Congress on a bicameral and bipartisan Mr. RIGGS. Reclaiming my time, Mr. the lumber company, was the profits to basis to secure the congressional au- Chairman, I know that we had to con- the guys that are cutting the trees, was thorization and appropriation of $260 vince the chairman that this acquisi- the profits to the guys that are mar- million to do a major forest land acqui- tion was worthwhile to get his personal keting that lumber, and none of it sition in my congressional district. The support, and, again, Federal taxpayer went to the taxpayer. But we could forest land in question includes the funding in the hundreds of millions of have this debate all over again, if the acreage known as the Headwaters For- gentleman wants to get into it. est, one of the last if not the last dollars. Mr. SKAGGS. Mr. Chairman, I move unentered, unlogged stand of old So I would ask the gentleman from to strike the last word. growth redwood and Douglas fir forest Ohio (Chairman REGULA) to again con- Mr. Chairman, there are a couple of land in private ownership. firm my understanding: Before the points in the bill that we expect to get We believed a year ago, as we believe Federal Government provides the $260 to in conference that I hoped I might today, that this is a very important million that was authorized and appro- be able to discuss with the chairman of land acquisition for the American peo- priated for the Headwaters Forest ac- the subcommittee. ple, worthy of Federal taxpayer sup- quisition, including $10 million in miti- In particular the bill already in- port. The agreement also included par- gation to the local government in cludes, Mr. Chairman, as you know, an ticipation by the State of California Humbolt County, California, that the increase in funding for the manage- government and by State taxpayers to State of California is required to pro- ment of the National Wildlife Refuge the tune of $130 million in order to con- vide $130 million as its share of this ac- System. I strongly support that in- summate this particular acquisition. quisition. crease, among other reasons because it Again, I want to emphasize to my As I mentioned, currently certain is my understanding that such sites as colleagues how important the chair- legislators, the Democratic leadership the Rocky Mountain Arsenal Refuge man’s leadership was on this issue and of the California State legislature, are and the Two Ponds Refuge, both lo- how diligently and for many, many holding up funding for Headwaters in cated in the metropolitan Denver area, days we worked, again on a bipartisan, an effort to obtain further environ- would be examples of the kind of ref- bicameral basis, to secure the nec- mental concessions beyond those uges that would benefit from this in- essary congressional approvals for this agreed to by the Federal Government crease. I hope the chairman can con- agreement. and the State of California Govern- firm my view in that respect. In light of that, Mr. Chairman, I am ment, in conjunction with the property Mr. REGULA. Mr. Chairman, will the very dismayed that the State govern- owner. gentleman yield? ment has not approved their share of Therefore I am rising tonight, Mr. Mr. SKAGGS. I yield to the gen- the funding to date. In fact, as we meet Chairman, to express that concern that tleman from Ohio. and deliberate this annual spending these efforts will in fact kill the agree- Mr. REGULA. Mr. Chairman, the bill, the State legislature and the Gov- ment that was worked out a year ago, gentleman is correct. The increase pro- ernor of California, Pete Wilson, con- and I would like to know if the gen- vides for addressing operational and tinue in deliberations over the State tleman from Ohio (Chairman REGULA) maintenance backlog requirements for budget for the fiscal year 1999 that was all the refuges. due on July 1st of this particular year. shares these concerns? Mr. SKAGGS. Mr. Chairman, re- Mr. Chairman, I want to confirm to- claiming my time, I thank the gen- night through this colloquy my under- b 1930 tleman for his comments on that. I standing that the Headwaters Forest, Mr. REGULA. I agree with the gen- also anticipate that the gentleman’s or this forest land acquisition, was, bill will pass and we will get to con- tleman that it would be a shame if this again, only agreed to after many, many agreement falls apart after all the la- ference, and anticipate this is some- weeks of negotiations among the gen- thing that may come up when we do borious negotiations because some peo- tleman’s committee, the authorizing ple wish to make changes at the elev- reach conference with the Senate. Sec- committees, the staff that worked very enth hour. tion 118 of the Senate bill addresses hard on this particular provision of funds transferred for activities aimed last year’s Interior appropriations Mr. RIGGS. Mr. Chairman, reclaim- at the recovery of endangered fish spe- spending bill, and the Clinton Adminis- ing my time, once again I want to cies in the upper Colorado River Basin tration, and that the terms and condi- thank the gentleman for his help and and the San Juan River Basin, and lim- tions of this proposed acquisition are his vision and his good counsel. its what is termed the overhead that fair to all parties, including the private I will wrap up very briefly by saying can be charged against those funds. landowners who are party to this I really believe this is our last best I hope the chairman would review agreement. chance to see this particular forest this matter when we do go to con- Mr. Chairman, is it your intention to land acquisition become a reality. I am ference to see if a similar provision change any of these conditions or dead- concerned when I see newspaper head- could be included in the final version of lines that are called for in the agree- lines, and I intend to insert these arti- the bill, which I think would be a good ment that was inserted into last year’s cles in the RECORD under general leave, idea. Interior appropriations spending bill but I am concerned when I see news- Mr. REGULA. Mr. Chairman, if the and, therefore, effectively codified into paper headlines as recently published: gentleman will yield further, of course, law? ‘‘Activists’ Demands Jeopardize Deal the gentleman will be a conferee, and I Mr. REGULA. Mr. Chairman, will the for Headwaters Forest;’’ ‘‘Headwaters think we will all be pleased to take a gentleman yield? Forest Plan Has Politicians at Logger- closer look at this provision in the con- Mr. RIGGS. I yield to the gentleman heads,’’ again referring to the State ference. from Ohio. budget deliberations in Sacramento.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6041 [From the Press Democrat, June 29, 1998] eral government. I can assure you a $250 mil- But Feinstein and other proponents argue ACTIVISTS’ DEMANDS JEOPARDIZE DEAL FOR lion congressional authorization to protect it’s unfair for Sher and his supporters to try HEADQUARTERS Headwaters won’t happen again,’’ said Fein- to renegotiate key provisions of an agree- (By Mike Geniella) stein. ment that was reached only after more than Saying she’s respectful of state lawmakers’ 100 hours of intense, face-to-face negotia- As recently as late February, negotiators concerns Feinstein said, ‘‘I truly hope we can tions among state, federal and Pacific Lum- trying to complete public purchase of the find a way to work this out. But the bottom ber Co., representatives in Washington, D.C. target tract of ancient redwoods in private line is that time is marching on, and if we Wheeler, Pete Wilson’s chief negotiator ownership were patting themselves on the don’t do this deal now, it will never be during the Headwaters talks, said he finds it back, confident the North Coast’s longest done.’’ ‘‘troubling that at this late date a few mem- running environmental controversy had been Representatives of the Wilson administra- bers of the Legislature are attempting to resolved. tion say the same political stopwatch is run- substitute their judgment for that of state Four months later, a $380 million agree- ning at the state level. ment to buy Headquarters Forest from Pa- and federal scientists who have negotiated ‘‘If the Legislature doesn’t include the very stringent requirements.’’ cific Lumber Co. is on the verge of collapse, state funding in this year’s budget, the the result of the increased demands by envi- According to Wheeler, the choice is clear. chances are virtually nil we can ever resolve ‘‘Either legislators seize the opportunity ronmental leaders who felt frozen out of the this controversy,’’ said state Resources Sec- process and vanishing patience on the part of now, or lose it for all time to come,’’ he said. retary Doug Wheeler. Ultimately, for environmentalists, the a tough Texas tycoon who owns the trees. Hurwitz representatives said last week At stake is the future of 3,000 acres of old question may be whether no deal is better they’re done dealing. than a bad deal. growth redwoods in southern Humboldt ‘‘We’ve negotiated this deal over many, ‘‘That’s a tough call,’’ said the Sierra County that have become a national symbol many months, and along the way won bipar- Club’s Rosen. ‘‘I think most parties would of environmental problems and, for environ- tisan support in Congress and approval from really like to see the agreement go forward. mentalists, a harbinger of a ‘‘mess extinc- state and federal scientists. What more could But the Sierra Club is going to have to see tion’’ of plants and animals that some wild- anyone ask?’’ said Hurwitz spokesman Bob something better on the table before we can life biologists say is already underway. Irelan. Originally destined to be turned into lum- If the Headwaters deal falters, Pacific support state approval.’’ ber Headwaters Forest helped galvanize anti- Lumber and Hurwitz vow to renew claims in [From the San Jose Mercury News, July 18, logging protests in the early 90s and prompt- federal court that the government, through 1998] ed Sen. Dianne Feinstein D-Calif., and the regulatory constraints, has effectively con- HEADWATERS FOREST PLAN HAS POLITICIANS Clinton administration to make the con- fiscated its old-growth timberlands. AT LOGGERHEADS troversy a personal challenge. After months Critics argue that Hurwitz couldn’t pos- SAYING IT’S NOT ENOUGH, SHER HOLDS UP of tough negotiations, Feinstein eventually sibly win such a case—known in legal par- AGREEMENT brokered a purchase arrangement with Pa- lance as a ‘‘takings’’ argument—because he cific Lumber that would create a 7,500-acre still can derive economic benefit from Pa- (By Paul Rogers) redwood preserve with Headwaters as it cen- cific Lumber’s remaining timberlands. For the past 12 years, environmental activ- terpiece. But legal experts suggest the issues are ists have chained themselves to trees and But environmentalists, who were not privy more complex. hung off the Golden Gate Bridge trying to to most of the negotiations, felt shut out of ‘‘Frankly, there continues to be a state of save the ancient redwoods of Northern Cali- the process and now are demanding further confusion surrounding the ‘takings’ issue,’’ fornia’s Headwaters Forest from logging. review of the settlement. said Jerold Kaplan, a Harvard University Yet in perhaps the most important show- Sierra Club representative Elyssa Rosen professor and former senior fellow at the down yet, the struggle has moved away from said because critical environmental provi- Lincoln Institute of Land Policy in Cam- the TV cameras and the police in riot gear to sions were negotiated behind closed doors, bridge, Mass. a new arena: Gov. Pete Wilson’s office. ‘‘The loopholes in the deal are so big you Based on recent court cases, including Su- And now it’s crunch time. could drive a logging truck through them. preme Court rulings, Kaplan said, ‘‘Govern- A $380 million deal to buy 7,500 acres of the Environmentalists have enlisted the sup- ment still has the upper hand, and has since forest from Pacific Lumber Co. of Humboldt port of Democrat state legislators, including the 1920s. But there has been a slight shift in County is tangled up in negotiations this Assemblywoman Virginia Strom-Martin of the direction of granting further protections weekend among ‘‘The Big Five’’—Wilson and Duncans Mills, who are now holding up the to property owners since 1987, although I the top Sacramento lawmakers haggling state’s $130 million share of the purchase must emphasize slight,’’ said Kaplan. over the state’s budget. price in hopes of increasing protections for Hurwitz has hired a high-profile Southern One person more than any other is respon- 200,000 acres of other redwoods owned by Pa- California attorney who specializes in sible for holding up the redwood deal: state cific Lumber. takings cases, and he’s more sanguine about Sen. Byron Sher, D–Redwood City. And envi- ‘‘Proponents are saying adequate protec- Pacific Lumber’s chances, saying the com- ronmentalists couldn’t be happier. tions are there, but we really don’t know pany could win $500 million or more in dam- Congress already has approved $250 million that,’’ said Strom-Martin. ages if its takings lawsuit is pursued. for the deal. The remaining $130 million To Pacific Lumber officials, criticism of ‘‘What the critics don’t get is that we’re must come from Sacramento. the agreement is simply another example of not alleging the government is ?????? ing But the deal shortchanges taxpayers and a familiar political gambit in which environ- regulatory restraints on our operation,’’ said doesn’t go far enough to protect salmon mentalists seek and get concessions, then up lawyer Michael Berger of Santa Monica. streams or old-growth trees, Sher says. So, the ante again, knowing that in the mean- ‘‘What’s wrong is that government is pro- the 70-year-old Standford University law pro- time Headwaters trees are not being cut. tecting the environment at the expense of a fessor, widely viewed as the environmental ‘‘They keep moving the goal posts,’’ private property owner.’’ dean of the Legislature, earlier this year suc- Charles Hurwitz, whose Maxxam Inc. owns ‘‘The real issue is, who’s going to pay for ceeded in pulling the state’s $130 million Pacific Lumber, complained earlier this that protection?’’ share out of the budget, where Wilson want- year. Environmentalists, however, argue that Pilloried by environmentalists for not the stakes are so high that the Headwaters ed it. Instead, Sher wrote a separate bill de- agreeing to more environmental safeguards, agreement must be modified. manding tougher logging rules across the Hurwitz and Pacific Lumber are also coming State Sen. Byron Sher, a Palo Alto Demo- Pacific Lumber’s remaining 200,000 acres as a under fire from their own industry for mak- crat, said if the public looks beyond ‘‘the condition of receiving the money. ing too many concessions to state and fed- hype over the deal to save the Headwaters But he has found himself caught in a pow- eral agencies, which industry executives fear Forest, you’ll see that taxpayers may not be erful bipartisan squeeze from Wilson—Cali- will become standard for all. getting their money’s worth.’’ fornia’s most powerful Republican—and U.S. Meanwhile, Feinstein and other public offi- Outlining his position in a recent opinion Sen. Dianne Feinstein—the state’s most cials who support the pact are increasingly piece, Sher said he believes the proposed powerful Democrat—both of whom painstak- frustrated, arguing that if it is not con- 7,500-acre Headwaters preserve alone is not ingly negotiated the deal with Pacific Lum- summated soon, any practical chance of per- worth the $380 million price tag. ber owner Charles Hurwitz and now want to manently protecting Headwaters may be Sher argued the price can only be justified see it survive. lost. ‘‘if the public can be assured that the side ‘‘It’s high noon for this deal,’’ said Carl ‘‘This is it. We’re not going to get another agreement—a giant string attached to the Pope, national executive director of the Si- chance,’’ said Feinstein. purchase known as a habitat conservation erra Club. ‘‘Byron Sher is under a tremen- The senator, who presided over the Wash- plan—won’t imperil the future of endangered dous amount of pressure. I’m delighted he ington, D.C. talks on behalf of the Clinton species on Pacific Lumber’s 200,000 acres. has been firm.’’ administration, said last week that she’s Because funding of the state’s $130 million The question now is who will blink. The deeply concerned that the agreement might share of the Headwaters deal is dependent on answer could come any day now. Wilson and collapse if critics persist in their tactics. a required two-thirds majority in the Legis- the Republicans could go along with Sher ‘‘If this agreement fails at the state level, lature, Sher is confident critics can muster and require the tougher standards. That it will send a very strong signal to the fed- enough votes to block legislative approval. could happen under a scenario where Wilson

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6042 CONGRESSIONAL RECORD — HOUSE July 21, 1998 compromises on Headwaters to win from As an assemblyman in 1988, Sher wrote the hope that the legislature in California Democrats his top goal, a cut in the state’s state’s Clean Air Act. In 1989 he wrote the would provide the resources that they car licensing fees. But one risk is that law that required California cities and coun- have committed from the State in Hurwitz will walk away from the table. Or ties to reduce by 50 percent their trash, order to bring this together. If anybody top Democratic negotiators—Senate Presi- through recycling, by 2000. He also has writ- dent Pro Tem John Burton, D-San Fran- ten laws to toughen drinking water stand- thinks that the standards here of a cisco, and Assembly Speaker Antonio ards, monitor acid rain and put scenic rivers multi-specie agency are not really Villaraigosa, D-Los Angeles—could abandon off limits to dams. high, they just do not understand what Sher, cutting a deal with Wilson that gives ‘‘We have a responsibility to see if this is is required under the Endangered Spe- them what they want on issues such as edu- a good deal for the state of California,’’ said cies Act. cation funding. Sher. ‘‘And frankly it has serious flaws in it, The CHAIRMAN. The time of the Environmental and timber lobbyists have particularly in protecting coho salmon.’’ gentleman from California (Mr. RIGGS) spent weeks frenetically trying to sway law- So far, Sher appears to be winning. has expired. makers. In a key test on Thursday, Republican (On request of Mr. DICKS, and by ‘‘Of course I’m nervous,’’ said John Camp- Cathie Wright of Simi Valley attempted to bell, president of Pacific Lumber, based in put the $130 million in Headwaters money unanimous consent, Mr. RIGGS was al- Scotia, near Eureka. ‘‘We’ve spent over 10 back in the budget bill. She was rebuffed by lowed to proceed for 30 additional sec- years at this. And now at the 11th hour peo- budget conference committee Chairman onds.) ple are saying it’s not enough.’’ Mike Thompson, D-Napa. Mr. DICKS. Mr. Chairman, if the gen- Sher’s bill, said Campbell ‘‘is too restric- DEAL IS POSSIBLE tleman will yield, I think it is almost tive. The company could not remain eco- Thompson, who is running for Congress miraculous that they made it, and I nomically viable.’’ hope that we can put this together, be- Feinstein also says Sher is driving too this November to represent the North Coast hard a bargain. district that includes Headwaters Forest, cause I think it is a good agreement. ‘‘There have been at least 10 separate ef- signed on two weeks ago as a co-sponsor to Mr. RIGGS. Mr. Chairman, reclaim- forts to save Headwaters over the last 12 Sher’s bill. ing my time and finishing this col- years,’’ she said, describing herself as ‘‘in- ‘‘Senator Thompson thinks the Sher bill loquy, I appreciate the gentleman’s credulous.’’ ‘‘Every one of them has failed. makes the agreement stronger,’’ said Ed sentiments and I appreciate him join- Matovcik, chief of staff for Thompson. This saves virtually more redwood than any ing with me and the chairman in send- other effort I know of.’’ Meanwhile, Wilson’s staff hinted on Friday that he may be willing to wheel and deal on ing that bipartisan message to Sac- If Sher keeps pushing for a stricter deal, ramento. she said, that could endanger $250 million in Headwaters. federal money already approved by Congress ‘‘It has been the administration’s pref- The CHAIRMAN. The Clerk will read. and signed by President Clinton. erence to pay for the Headwaters agreement The Clerk read as follows: out of the general fund,’’ said Ron Low, a FUNDS COVETED TITLE II—RELATED AGENCIES spokesman for the governor. ‘‘That’s the DEPARTMENT OF AGRICULTURE ‘‘There are murmurs back here from other governor’s preference. But as to any deals, FOREST SERVICE senators about what they would like to do negotiations are ongoing.’’ with the money instead,’’ said Feinstein. ‘‘I To approve the funding in any form will re- FOREST AND RANGELAND RESEARCH can say 100 percent that if this doesn’t go quire a two-thirds vote of the Legislature. For necessary expenses of forest and range- through, then the federal money is gone. I If the entire deal collapses, environmental- land research as authorized by law, feel I’ve done everything I could over a long ists will be in court fighting Hurwitz on each $197,444,000, to remain available until ex- period of time to get the best I could. At timber cutting plan. They say that would be pended. some point people have to trust that and rec- better than the precedent-setting deal. STATE AND PRIVATE FORESTRY ognize that.’’ But the company says having the deal fall For necessary expenses of cooperating with Headwaters Forest, 15 miles south of Eure- through would be a disaster. and providing technical and financial assist- ka, is the world’s largest privately owned ‘‘I just hope the issue is put to bed,’’ said ance to States, territories, possessions, and old-growth redwood forest. It has been a Campbell. ‘‘It’s crucial to our 1,500 employ- others, and for forest health management, flash point of national controversy since ees. It will finish a very divisive period on cooperative forestry, and education and land 1985, when Hurwitz, chairman of Houston- the North Coast. Otherwise, we’re back to conservation activities, $156,167,000, to re- based Maxxam Inc., acquired Pacific Lumber square one.’’ main available until expended, as authorized in a hostile takeover, doubled the rate of log- So, Mr. Chairman, I appreciate the by law. ging and threatened to clear-cut Headwaters Grove. chairman sharing my concerns and NATIONAL FOREST SYSTEM After huge protests, Feinstein and other supporting me in entering into this col- For necessary expenses of the Forest Serv- officials reached an agreement with Hurwitz loquy so that hopefully, we can send a ice, not otherwise provided for, for manage- in 1996 to buy 7,500 acres—about half of it old message to our counterparts in Sac- ment, protection, improvement, and utiliza- growth—for parkland. ramento that they need to get the job tion of the National Forest System, and for The deal also requires Pacific Lumber to done and we should not miss this op- administrative expenses associated with the management of funds provided under the prepare a ‘‘habitat conservation plan’’ for portunity, because it is, in fact, our managing its remaining 200,000 acres of for- headings ‘‘Forest and Rangeland Research’’, est during the next 50 years. last best opportunity to make this for- ‘‘State and Private Forestry’’, ‘‘National This week, details emerged in a 2,000-page est land acquisition a reality. Forest System’’, ‘‘Wildland Fire Manage- document from the U.S. Fish and Wildlife Mr. DICKS. Mr. Chairman, will the ment’’, ‘‘Reconstruction and Construction’’, Service, negotiated with Pacific Lumber. gentleman yield? and ‘‘Land Acquisition’’, $1,231,421,000, to re- The plan calls for banning logging within Mr. RIGGS. I yield to the gentleman main available until expended, which shall 30 feet of endangered salmon streams. By from Washington, the distinguished include 50 percent of all moneys received contrast, Sher’s bill calls for 170-foot buffer ranking member of the subcommittee. during prior fiscal years as fees collected zones. under the Land and Water Conservation And although the plan would preserve 11 Mr. DICKS. Mr. Chairman, let me Fund Act of 1965, as amended, in accordance smaller old-growth groves, Sher wants an- just say this to my friend from Califor- with section 4 of the Act (16 U.S.C. 460l– other, Owl Creek. nia. We had a major debate a few years 6a(i)). He said he’s not scuttling any deal, just ago on the Riggs amendment. I stood WILDLAND FIRE MANAGEMENT representing the taxpayers of California. up and urged that the company develop For necessary expenses for forest fire ‘‘I know that Senator Feinstein has in- a multi-specie habitat conservation presuppression activities on National Forest vested a lot in this,’’ Sher said. ‘‘She de- plan. System lands, for emergency fire suppression serves credit for getting the agreement. And on or adjacent to such lands or other lands she was instrumental in getting the appro- Now, they negotiated for 2 years with under fire protection agreement, and for priation. the Federal Government. This is the emergency rehabilitation of burned-over Na- ‘‘But I don’t believe I was elected by my most difficult negotiation that I can tional Forest System lands and waters, constituents to rubber-stamp a deal that was think of. I think the standards here are $631,737,000, to remain available until ex- made behind closed doors in Washington. the highest in the entire country, in- pended: Provided, That such funds are avail- The Legislature had no influence over it, and cluding some of the standards that are able for repayment of advances from other then they say OK, give us $130 million.’’ developed in Washington State and are If he were almost any other Senate mem- appropriations accounts previously trans- ber, Sher probably would have been going to be imposed in this agreement. ferred for such purposes. steamrollered by now. So I think the company, the Pacific RECONSTRUCTION AND CONSTRUCTION But on environmental topics, he carries Lumber Company, has been acting in For necessary expenses of the Forest Serv- considerable influence. complete good faith, and I would just ice, not otherwise provided for, $271,444,000,

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6043 to remain available until expended for con- placed may be sold, with proceeds derived or Funds available to the Forest Service shall struction, reconstruction and acquisition of trade-in value used to offset the purchase be available to conduct a program of not less buildings and other facilities, and for con- price for the replacement aircraft; (2) serv- than $1,000,000 for high priority projects struction, reconstruction, repair and mainte- ices pursuant to 7 U.S.C. 2225, and not to ex- within the scope of the approved budget nance of forest roads and trails by the Forest ceed $100,000 for employment under 5 U.S.C. which shall be carried out by the Youth Con- Service as authorized by 16 U.S.C. 532–538 and 3109; (3) purchase, erection, and alteration of servation Corps as authorized by the Act of 23 U.S.C. 101 and 205: Provided, That up to buildings and other public improvements (7 August 13, 1970, as amended by Public Law $15,000,000 of the funds provided herein for U.S.C. 2250); (4) acquisition of land, waters, 93–408. road maintenance shall be available for the and interests therein, pursuant to 7 U.S.C. None of the funds available in this Act planned obliteration of roads which are no 428a; (5) for expenses pursuant to the Volun- shall be used for timber sale preparation longer needed: Provided further, That the teers in the National Forest Act of 1972 (16 using clearcutting in hardwood stands in ex- Forest Service may make an advance of up U.S.C. 558a, 558d, and 558a note); (6) the cost cess of 25 percent of the fiscal year 1989 har- to $200,000 from the funds provided under this of uniforms as authorized by 5 U.S.C. 5901– vested volume in the Wayne National Forest, heading in this Act and up to $800,000 pro- 5902; and (7) for debt collection contracts in Ohio: Provided, That this limitation shall not vided under this heading in Public Law 105– accordance with 31 U.S.C. 3718(c). apply to hardwood stands damaged by natu- 83 to the city of Colorado Springs, Colorado None of the funds made available under ral disaster: Provided further, That landscape for the design and reconstruction of the this Act shall be obligated or expended to architects shall be used to maintain a vis- Pikes Peak Summit House in accordance abolish any region, to move or close any re- ually pleasing forest. with terms and conditions agreed to. gional office for National Forest System ad- Any money collected from the States for ministration of the Forest Service, Depart- fire suppression assistance rendered by the LAND ACQUISITION ment of Agriculture without the advance Forest Service on non-Federal lands not in For expenses necessary to carry out the consent of the House and Senate Committees the vicinity of National Forest System lands provisions of the Land and Water Conserva- on Appropriations. shall hereafter be used to reimburse the ap- tion Fund Act of 1965, as amended (16 U.S.C. Any appropriations or funds available to plicable appropriation and shall remain 460l–4 through 11), including administrative the Forest Service may be transferred to the available until expended as the Secretary expenses, and for acquisition of land or wa- Wildland Fire Management appropriation for may direct in conducting activities author- ters, or interest therein, in accordance with forest firefighting, emergency rehabilitation ized by 16 U.S.C. 2101 note, 2101–2110, 1606, and statutory authority applicable to the Forest of burned-over or damaged lands or waters 2111. Service, $30,000,000, to be derived from the under its jurisdiction, and fire preparedness Of the funds available to the Forest Serv- Land and Water Conservation Fund, to re- due to severe burning conditions. ice, $1,500 is available to the Chief of the For- main available until expended. Funds appropriated to the Forest Service est Service for official reception and rep- ACQUISITION OF LANDS FOR NATIONAL FORESTS shall be available for assistance to or resentation expenses. SPECIAL ACTS through the Agency for International Devel- Notwithstanding any other provision of For acquisition of lands within the exte- opment and the Foreign Agricultural Service law, hereafter the Forest Service is author- rior boundaries of the Cache, Uinta, and in connection with forest and rangeland re- ized to employ or otherwise contract with search, technical information, and assist- Wasatch National Forests, Utah; the Toiyabe persons at regular rates of pay, as deter- ance in foreign countries, and shall be avail- National Forest, Nevada; and the Angeles, mined by the Service, to perform work occa- able to support forestry and related natural San Bernardino, Sequoia, and Cleveland Na- sioned by emergencies such as fires, storms, resource activities outside the United States tional Forests, California, as authorized by floods, earthquakes or any other unavoidable and its territories and possessions, including law, $1,069,000, to be derived from forest re- cause without regard to Sundays, Federal technical assistance, education and training, ceipts. holidays, and the regular workweek. and cooperation with United States and To the greatest extent possible, and in ac- ACQUISITION OF LANDS TO COMPLETE LAND international organizations. cordance with the Final Amendment to the EXCHANGES None of the funds made available to the Shawnee National Forest Plan, none of the For acquisition of lands, such sums, to be Forest Service under this Act shall be sub- funds available in this Act shall be used for derived from funds deposited by State, coun- ject to transfer under the provisions of sec- preparation of timber sales using ty, or municipal governments, public school tion 702(b) of the Department of Agriculture clearcutting or other forms of even-aged districts, or other public school authorities Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. management in hardwood stands in the pursuant to the Act of December 4, 1967, as 147b unless the proposed transfer is approved Shawnee National Forest, Illinois. amended (16 U.S.C. 484a), to remain available in advance by the House and Senate Commit- Pursuant to sections 405(b) and 410(b) of until expended. tees on Appropriations in compliance with Public Law 101–593, of the funds available to RANGE BETTERMENT FUND the reprogramming procedures contained in the Forest Service, up to $2,250,000 may be House Report 105–163. advanced in a lump sum as Federal financial For necessary expenses of range rehabilita- None of the funds available to the Forest assistance to the National Forest Founda- tion, protection, and improvement, 50 per- Service may be reprogrammed without the tion, without regard to when the Foundation cent of all moneys received during the prior advance approval of the House and Senate incurs expenses, for administrative expenses fiscal year, as fees for grazing domestic live- Committees on Appropriations in accordance or projects on or benefitting National Forest stock on lands in National Forests in the six- with the procedures contained in House Re- System lands or related to Forest Service teen Western States, pursuant to section port 105–163. 401(b)(1) of Public Law 94–579, as amended, to No funds appropriated to the Forest Serv- programs: Provided, That of the Federal remain available until expended, of which ice shall be transferred to the Working Cap- funds made available to the Foundation, no not to exceed 6 percent shall be available for ital Fund of the Department of Agriculture more than $400,000 shall be available for ad- administrative expenses associated with on- without the approval of the Chief of the For- ministrative expenses: Provided further, That the-ground range rehabilitation, protection, est Service. the Foundation shall obtain, by the end of and improvements. Notwithstanding any other provision of the period of Federal financial assistance, GIFTS, DONATIONS AND BEQUESTS FOR FOREST law, hereafter any appropriations or funds private contributions to match on at least AND RANGELAND RESEARCH available to the Forest Service may be used one-for-one basis funds made available by the Forest Service: Provided further, That the For expenses authorized by 16 U.S.C. to disseminate program information to pri- Foundation may transfer Federal funds to a 1643(b), $92,000, to remain available until ex- vate and public individuals and organiza- non-Federal recipient for a project at the pended, to be derived from the fund estab- tions through the use of nonmonetary items same rate that the recipient has obtained lished pursuant to the above Act. of nominal value and to provide nonmone- tary awards of nominal value and to incur the non-Federal matching funds: Provided ADMINISTRATIVE PROVISIONS, FOREST SERVICE necessary expenses for the nonmonetary rec- further, That hereafter, the National Forest Appropriations to the Forest Service for ognition of private individuals and organiza- Foundation may hold Federal funds made the current fiscal year shall be available for: tions that make contributions to Forest available but not immediately disbursed and (1) purchase of not to exceed 177 passenger Service programs. may use any interest or other investment in- motor vehicles of which 22 will be used pri- Notwithstanding any other provision of come earned (before, on, or after the date of marily for law enforcement purposes and of law, hereafter money collected, in advance enactment of this Act) on Federal funds to which 176 shall be for replacement; acquisi- or otherwise, by the Forest Service under au- carry out the purposes of Public Law 101–593: tion of 25 passenger motor vehicles from ex- thority of section 101 of Public Law 93–153 (30 Provided further, That such investments may cess sources, and hire of such vehicles; oper- U.S.C. 185(1)) as reimbursement of adminis- be made only in interest-bearing obligations ation and maintenance of aircraft, the pur- trative and other costs incurred in process- of the United States or in obligations guar- chase of not to exceed two for replacement ing pipeline right-of-way or permit applica- anteed as to both principal and interest by only, and acquisition of sufficient aircraft tions and for costs incurred in monitoring the United States. from excess sources to maintain the operable the construction, operation, maintenance, Pursuant to section 2(b)(2) of Public Law fleet at 198 aircraft for use in Forest Service and termination of any pipeline and related 98–244, up to $2,225,000 of the funds available wildland fire programs and other Forest facilities, may be used to reimburse the ap- to the Forest Service shall be available for Service programs; notwithstanding other plicable appropriation to which such costs matching funds to the National Fish and provisions of law, existing aircraft being re- were originally charged. Wildlife Foundation, as authorized by 16

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6044 CONGRESSIONAL RECORD — HOUSE July 21, 1998

U.S.C. 3701–3709, and may be advanced in a The amount obligated during fiscal year ECONOMIC REGULATION lump sum as Federal financial assistance, 1999 from the Knutson-Vandenberg fund pro- For necessary expenses in carrying out the without regard to when expenses are in- vided in section 3 of the Act of June 9, 1930 activities of the Office of Hearings and Ap- curred, for projects on or benefitting Na- (commonly known as the Knutson-Vanden- peals, $1,801,000, to remain available until ex- tional Forest System lands or related to For- berg Act; 16 U.S.C. 576b), for indirect support pended. est Service programs: Provided, That the activities (as defined in the Forest Service STRATEGIC PETROLEUM RESERVE Foundation shall obtain, by the end of the Handbook) may not exceed 25 percent of period of Federal financial assistance, pri- total amount obligated from such fund dur- For necessary expenses for Strategic Pe- vate contributions to match on at least a ing such fiscal year. troleum Reserve facility development and one-for-one basis funds advanced by the For- The amount obligated during fiscal year operations and program management activi- est Service: Provided further, That the Foun- 1999 from the timber salvage sale fund pro- ties pursuant to the Energy Policy and Con- dation may transfer Federal funds to a non- vided in section 14(h) of the National Forest servation Act of 1975, as amended (42 U.S.C. Federal recipient for a project at the same Management Act of 1976 (16 U.S.C. 472a(h)) 6201 et seq.), $160,120,000, to remain available rate that the recipient has obtained the non- for indirect support activities (as defined in until expended. Federal matching funds. the Forest Service Handbook) may not ex- ENERGY INFORMATION ADMINISTRATION Funds appropriated to the Forest Service ceed 25 percent of total amount obligated For necessary expenses in carrying out the shall be available for interactions with and from such fund during such fiscal year. activities of the Energy Information Admin- providing technical assistance to rural com- DEPARTMENT OF ENERGY istration, $68,000,000, to remain available munities for sustainable rural development FOSSIL ENERGY RESEARCH AND DEVELOPMENT until expended. purposes. For necessary expenses in carrying out fos- ADMINISTRATIVE PROVISIONS, DEPARTMENT OF Notwithstanding any other provision of sil energy research and development activi- law, 80 percent of the funds appropriated to ENERGY ties, under the authority of the Department the Forest Service in the ‘‘National Forest Appropriations under this Act for the cur- of Energy Organization Act (Public Law 95– System’’ and ‘‘Reconstruction and Construc- rent fiscal year shall be available for hire of 91), including the acquisition of interest, in- tion’’ accounts and planned to be allocated passenger motor vehicles; hire, maintenance, cluding defeasible and equitable interests in to activities under the ‘‘Jobs in the Woods’’ and operation of aircraft; purchase, repair, any real property or any facility or for plant program for projects on National Forest land and cleaning of uniforms; and reimburse- or facility acquisition or expansion, and for in the State of Washington may be granted ment to the General Services Administration conducting inquiries, technological inves- directly to the Washington State Depart- for security guard services. tigations and research concerning the ex- ment of Fish and Wildlife for accomplish- From appropriations under this Act, trans- traction, processing, use, and disposal of ment of planned projects. Twenty percent of fers of sums may be made to other agencies mineral substances without objectionable so- said funds shall be retained by the Forest of the Government for the performance of cial and environmental costs (30 U.S.C. 3, Service for planning and administering work for which the appropriation is made. 1602, and 1603), performed under the minerals projects. Project selection and prioritization None of the funds made available to the and materials science programs at the Al- shall be accomplished by the Forest Service Department of Energy under this Act shall bany Research Center in Oregon, $320,558,000, with such consultation with the State of be used to implement or finance authorized to remain available until expended: Provided, Washington as the Forest Service deems ap- price support or loan guarantee programs That no part of the sum herein made avail- propriate. unless specific provision is made for such able shall be used for the field testing of nu- Funds appropriated to the Forest Service programs in an appropriations Act. clear explosives in the recovery of oil and shall be available for payments to counties The Secretary is authorized to accept gas. within the Columbia River Gorge National lands, buildings, equipment, and other con- Scenic Area, pursuant to sections 14(c)(1) and ALTERNATIVE FUELS PRODUCTION tributions from public and private sources (2), and section 16(a)(2) of Public Law 99–663. (INCLUDING TRANSFER OF FUNDS) and to prosecute projects in cooperation The Secretary of Agriculture is authorized Moneys received as investment income on with other agencies, Federal, State, private to enter into grants, contracts, and coopera- the principal amount in the Great Plains or foreign: Provided, That revenues and other tive agreements as appropriate with the Pin- Project Trust at the Norwest Bank of North moneys received by or for the account of the chot Institute for Conservation, as well as Dakota, in such sums as are earned as of Oc- Department of Energy or otherwise gen- with public and other private agencies, orga- tober 1, 1998, shall be deposited in this ac- erated by sale of products in connection with nizations, institutions, and individuals, to count and immediately transferred to the projects of the Department appropriated provide for the development, administration, general fund of the Treasury. Moneys re- under this Act may be retained by the Sec- maintenance, or restoration of land, facili- ceived as revenue sharing from operation of retary of Energy, to be available until ex- ties, or Forest Service programs, at the Grey the Great Plains Gasification Plant shall be pended, and used only for plant construction, Towers National Historic Landmark: Pro- immediately transferred to the general fund operation, costs, and payments to cost-shar- vided, That, subject to such terms and condi- of the Treasury. ing entities as provided in appropriate cost- sharing contracts or agreements: Provided tions as the Secretary of Agriculture may NAVAL PETROLEUM AND OIL SHALE RESERVES further, That the remainder of revenues after prescribe, any such public or private agency, For necessary expenses in carrying out organization, institution, or individual may the making of such payments shall be cov- naval petroleum and oil shale reserve activi- ered into the Treasury as miscellaneous re- solicit, accept, and administer private gifts ties, $14,000,000, to remain available until ex- of money and real or personal property for ceipts: Provided further, That any contract, pended: Provided, That the requirements of 10 agreement, or provision thereof entered into the benefit of, or in connection with, the ac- U.S.C. 7430(b)(2)(B) shall not apply to fiscal tivities and services at the Grey Towers Na- by the Secretary pursuant to this authority year 1999: Provided further, That, notwith- shall not be executed prior to the expiration tional Historic Landmark: Provided further, standing any other provision of law, funds That such gifts may be accepted notwith- of 30 calendar days (not including any day in available pursuant to the first proviso under which either House of Congress is not in ses- standing the fact that a donor conducts busi- this head in Public Law 101–512 shall be im- ness with the Department of Agriculture in sion because of adjournment of more than mediately available for all naval petroleum three calendar days to a day certain) from any capacity. and oil shale reserve activities. Funds appropriated to the Forest Service the receipt by the Speaker of the House of shall be available, as determined by the Sec- ENERGY CONSERVATION Representatives and the President of the retary, for payments to Del Norte County, For necessary expenses in carrying out en- Senate of a full comprehensive report on California, pursuant to sections 13(e) and 14 ergy conservation activities, $630,250,000, to such project, including the facts and cir- of the Smith River National Recreation Area remain available until expended, including, cumstances relied upon in support of the pro- Act (Public Law 101–612). notwithstanding any other provision of law, posed project. For purposes of the Southeast Alaska Eco- the excess amount for fiscal year 1999 deter- No funds provided in this Act may be ex- nomic Disaster Fund as set forth in section mined under the provisions of section 3003(d) pended by the Department of Energy to pre- 101(c) of Public Law 104–134, the direct grants of Public Law 99–509 (15 U.S.C. 4502): Pro- pare, issue, or process procurement docu- provided in subsection (c) shall be considered vided, That $150,000,000 shall be for use in en- ments for programs or projects for which ap- direct payments for purposes of all applica- ergy conservation programs as defined in propriations have not been made. ble law except that these direct grants may section 3008(3) of Public Law 99–509 (15 U.S.C. In addition to other authorities set forth not be used for lobbying activities. 4507) and shall not be available until excess in this Act, the Secretary may accept fees No employee of the Department of Agri- amounts are determined under the provi- and contributions from public and private culture may be detailed or assigned from an sions of section 3003(d) of Public Law 99–509 sources, to be deposited in a contributed agency or office funded by this Act to any (15 U.S.C. 4502): Provided further, That not- funds account, and prosecute projects using other agency or office of the Department for withstanding section 3003(d)(2) of Public Law such fees and contributions in cooperation more than 30 days unless the individual’s 99–509 such sums shall be allocated to the eli- with other Federal, State or private agencies employing agency or office is fully reim- gible programs as follows: $120,000,000 for or concerns. bursed by the receiving agency or office for weatherization assistance grants and The Secretary, in fiscal year 1999 and the salary and expenses of the employee for $30,000,000 for State energy conservation thereafter, shall continue the process begun the period of assignment. grants. in fiscal year 1998 of accepting funds from

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6045 other Federal agencies in return for assisting dian Health Care Improvement Act shall be withstanding any other provision of law, agencies in achieving energy efficiency in reported and accounted for and available to funds previously or herein made available to Federal facilities and operations by the use the receiving tribes and tribal organizations a tribe or tribal organization through a con- of privately financed, energy savings per- until expended: Provided further, That, not- tract, grant, or agreement authorized by formance contracts and other private financ- withstanding any other provision of law, of title I or title III of the Indian Self-Deter- ing mechanisms. The funds may be provided the amounts provided herein, not to exceed mination and Education Assistance Act of after agencies begin to realize energy cost $194,781,000 shall be for payments to tribes 1975 (25 U.S.C. 450), may be deobligated and savings; may be retained by the Secretary and tribal organizations for contract or reobligated to a self-determination contract until expended; and may be used only for the grant support costs associated with con- under title I, or a self-governance agreement purpose of assisting Federal agencies in tracts, grants, self-governance compacts or under title III of such Act and thereafter achieving greater efficiency, water conserva- annual funding agreements between the In- shall remain available to the tribe or tribal tion and use of renewable energy by means of dian Health Service and a tribe or tribal or- organization without fiscal year limitation: privately financed mechanisms, including ganization pursuant to the Indian Self-De- Provided further, That none of the funds made energy savings performance contracts and termination Act of 1975, as amended, prior to available to the Indian Health Service in this utility incentive programs. These recovered or during fiscal year 1999. Act shall be used to implement the final rule funds will continue to be used to administer INDIAN HEALTH FACILITIES published in the Federal Register on Septem- even greater energy efficiency, water con- For construction, repair, maintenance, im- ber 16, 1987, by the Department of Health and servation and use of renewable energy by provement, and equipment of health and re- Human Services, relating to the eligibility means of privately financed mechanisms lated auxiliary facilities, including quarters for the health care services of the Indian such as utility efficiency service contracts for personnel; preparation of plans, specifica- Health Service until the Indian Health Serv- and energy savings performance contracts. tions, and drawings; acquisition of sites, pur- ice has submitted a budget request reflecting The recoverable funds will be used for all chase and erection of modular buildings, and the increased costs associated with the pro- necessary program expenses, including con- purchases of trailers; and for provision of do- posed final rule, and such request has been tractor support and resources needed, to mestic and community sanitation facilities included in an appropriations Act and en- achieve overall Federal energy management for Indians, as authorized by section 7 of the acted into law: Provided further, That funds program objectives for greater energy sav- Act of August 5, 1954 (42 U.S.C. 2004a), the In- ings. Any such privately financed contracts made available in this Act are to be appor- dian Self-Determination Act, and the Indian tioned to the Indian Health Service as appro- shall meet the provisions of the Energy Pol- Health Care Improvement Act, and for ex- icy Act of 1992, Public Law 102–486 regarding priated in this Act, and accounted for in the penses necessary to carry out such Acts and appropriation structure set forth in this Act: energy savings performance contracts and titles II and III of the Public Health Service utility incentive programs. Provided further, That with respect to func- Act with respect to environmental health tions transferred by the Indian Health Serv- DEPARTMENT OF HEALTH AND HUMAN and facilities support activities of the Indian ice to tribes or tribal organizations, the In- SERVICES Health Service, $313,175,000, to remain avail- dian Health Service is authorized to provide INDIAN HEALTH SERVICE able until expended: Provided, That notwith- goods and services to those entities, on a re- INDIAN HEALTH SERVICES standing any other provision of law, funds imbursable basis, including payment in ad- For expenses necessary to carry out the appropriated for the planning, design, con- vance with subsequent adjustment, and the Act of August 5, 1954 (68 Stat. 674), the Indian struction or renovation of health facilities reimbursements received therefrom, along Self-Determination Act, the Indian Health for the benefit of an Indian tribe or tribes with the funds received from those entities Care Improvement Act, and titles II and III may be used to purchase land for sites to pursuant to the Indian Self-Determination of the Public Health Service Act with re- construct, improve, or enlarge health or re- Act, may be credited to the same or subse- spect to the Indian Health Service, lated facilities. quent appropriation account which provided $1,932,953,000, together with payments re- ADMINISTRATIVE PROVISIONS, INDIAN HEALTH the funding, said amounts to remain avail- ceived during the fiscal year pursuant to 42 SERVICE able until expended: Provided further, That, U.S.C. 238(b) for services furnished by the In- Appropriations in this Act to the Indian heretofore and hereafter and notwithstand- dian Health Service: Provided, That funds Health Service shall be available for services ing any other provision of law, funds avail- made available to tribes and tribal organiza- as authorized by 5 U.S.C. 3109 but at rates able to the Indian Health Service in this Act tions through contracts, grant agreements, not to exceed the per diem rate equivalent to or any other Act for Indian self-determina- or any other agreements or compacts au- the maximum rate payable for senior-level tion or self-governance contract or grant thorized by the Indian Self-Determination positions under 5 U.S.C. 5376; hire of pas- support costs may be expended only for costs and Education Assistance Act of 1975 (25 senger motor vehicles and aircraft; purchase directly attributable to contracts, grants U.S.C. 450), shall be deemed to be obligated of medical equipment; purchase of reprints; and compacts pursuant to the Indian Self- at the time of the grant or contract award purchase, renovation and erection of modu- Determination Act and no funds appro- and thereafter shall remain available to the lar buildings and renovation of existing fa- priated by this or any other Act shall be tribe or tribal organization without fiscal cilities; payments for telephone service in available for any contract support costs or year limitation: Provided further, That private residences in the field, when author- indirect costs associated with any contract, $12,000,000 shall remain available until ex- ized under regulations approved by the Sec- grant, cooperative agreement, self-govern- pended, for the Indian Catastrophic Health retary; and for uniforms or allowances there- ance compact, or funding agreement entered Emergency Fund: Provided further, That fore as authorized by 5 U.S.C. 5901–5902; and into between an Indian tribe or tribal organi- $377,363,000 for contract medical care shall for expenses of attendance at meetings which zation and any entity other than the Indian remain available for obligation until Sep- are concerned with the functions or activi- Health Service: Provided further, That, not- tember 30, 2000: Provided further, That of the ties for which the appropriation is made or withstanding any other provision of law, funds provided, up to $17,000,000 may be used which will contribute to improved conduct, hereafter any funds appropriated to the In- to carry out the loan repayment program supervision, or management of those func- dian Health Service in this or any other Act under section 108 of the Indian Health Care tions or activities: Provided, That in accord- for payments to tribes and tribal organiza- Improvement Act: Provided further, That ance with the provisions of the Indian Health tions for contract or grant support costs for funds provided in this Act may be used for Care Improvement Act, non-Indian patients contracts, grants, self-governance compacts one-year contracts and grants which are to may be extended health care at all tribally or annual funding agreements with the In- be performed in two fiscal years, so long as administered or Indian Health Service facili- dian Health Service pursuant to the Indian the total obligation is recorded in the year ties, subject to charges, and the proceeds Self-Determination Act of 1975, as amended, for which the funds are appropriated: Pro- along with funds recovered under the Federal shall be allocated and distributed to such vided further, That the amounts collected by Medical Care Recovery Act (42 U.S.C. 2651– contracts, grants, self-governance compacts the Secretary of Health and Human Services 2653) shall be credited to the account of the and annual funding agreements each year on under the authority of title IV of the Indian facility providing the service and shall be a pro-rata proportionate basis regardless of Health Care Improvement Act shall remain available without fiscal year limitation: Pro- amounts allocated in any previous year to available until expended for the purpose of vided further, That notwithstanding any such contracts, grants, self-governance com- achieving compliance with the applicable other law or regulation, funds transferred pacts or annual funding agreements: Provided conditions and requirements of titles XVIII from the Department of Housing and Urban further, That reimbursements for training, and XIX of the Social Security Act (exclu- Development to the Indian Health Service technical assistance, or services provided by sive of planning, design, or construction of shall be administered under Public Law 86– the Indian Health Service will contain total new facilities): Provided further, That funding 121 (the Indian Sanitation Facilities Act) and costs, including direct, administrative, and contained herein, and in any earlier appro- Public Law 93–638, as amended: Provided fur- overhead associated with the provision of priations Acts for scholarship programs ther, That funds appropriated to the Indian goods, services, or technical assistance: Pro- under the Indian Health Care Improvement Health Service in this Act, except those used vided further, That the appropriation struc- Act (25 U.S.C. 1613) shall remain available for for administrative and program direction ture for the Indian Health Service may not obligation until September 30, 2000: Provided purposes, shall not be subject to limitations be altered without advance approval of the further, That amounts received by tribes and directed at curtailing Federal travel and House and Senate Committees on Appropria- tribal organizations under title IV of the In- transportation: Provided further, That not- tions.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6046 CONGRESSIONAL RECORD — HOUSE July 21, 1998 OTHER RELATED AGENCIES is for the Security System Modernization protection systems, and exterior repair or OFFICE OF NAVAJO AND HOPI INDIAN Program: Provided, That contracts awarded renovation of buildings of the National Gal- RELOCATION for environmental systems, protection sys- lery of Art may be negotiated with selected tems, and exterior repair or restoration of contractors and awarded on the basis of con- SALARIES AND EXPENSES buildings of the Smithsonian Institution tractor qualifications as well as price. For necessary expenses of the Office of may be negotiated with selected contractors Navajo and Hopi Indian Relocation as au- JOHN F. KENNEDY CENTER FOR THE and awarded on the basis of contractor quali- PERFORMING ARTS thorized by Public Law 93–531, $13,000,000, to fications as well as price. remain available until expended: Provided, OPERATIONS AND MAINTENANCE CONSTRUCTION That funds provided in this or any other ap- For necessary expenses for the operation, propriations Act are to be used to relocate For necessary expenses for construction, maintenance and security of the John F. eligible individuals and groups including $2,000,000, to remain available until ex- Kennedy Center for the Performing Arts, evictees from District 6, Hopi-partitioned pended. $12,187,000. lands residents, those in significantly sub- ADMINISTRATIVE PROVISIONS, SMITHSONIAN CONSTRUCTION standard housing, and all others certified as INSTITUTION For necessary expenses for capital repair eligible and not included in the preceding None of the funds in this or any other Act and rehabilitation of the existing features of categories: Provided further, That none of the may be used to initiate the planning or de- the building and site of the John F. Kennedy funds contained in this or any other Act may sign of any expansion of current space or Center for the Performing Arts, $9,000,000, to be used by the Office of Navajo and Hopi In- new facility without the advance approval of remain available until expended. dian Relocation to evict any single Navajo or both the House and Senate Appropriations Navajo family who, as of November 30, 1985, Committees. WOODROW WILSON INTERNATIONAL CENTER FOR was physically domiciled on the lands parti- None of the funds in this or any other Act SCHOLARS tioned to the Hopi Tribe unless a new or re- may be used to prepare a historic structures SALARIES AND EXPENSES placement home is provided for such house- report, or for any other purpose, involving For expenses necessary in carrying out the hold: Provided further, That no relocatee will the Holt House located at the National Zoo- be provided with more than one new or re- provisions of the Woodrow Wilson Memorial logical Park in Washington D.C. Act of 1968 (82 Stat. 1356) including hire of placement home: Provided further, That the None of the funds in this or any other Act Office shall relocate any certified eligible passenger vehicles and services as authorized may be used to pay any judgment resulting by 5 U.S.C. 3109, $5,840,000. relocatees who have selected and received an from a complaint filed by Geddes, Brecher, approved homesite on the Navajo reservation Qualls & Cunningham in the United States NATIONAL ENDOWMENT FOR THE HUMANITIES or selected a replacement residence off the Court of Federal Claims regarding the Na- GRANTS AND ADMINISTRATION Navajo reservation or on the land acquired tional Museum of the American Indian Mall For necessary expenses to carry out the pursuant to 25 U.S.C. 640d–10. Museum. National Foundation on the Arts and the Hu- SMITHSONIAN INSTITUTION The Smithsonian Institution shall not use manities Act of 1965, as amended, $96,800,000, SALARIES AND EXPENSES Federal funds in excess of the amount speci- shall be available to the National Endow- For necessary expenses of the Smithsonian fied in Public Law 101–185 for the construc- ment for the Humanities for support of ac- Institution, as authorized by law, including tion of the National Museum of the Amer- tivities in the humanities, pursuant to sec- research in the fields of art, science, and his- ican Indian. tion 7(c) of the Act, and for administering tory; development, preservation, and docu- NATIONAL GALLERY OF ART the functions of the Act, to remain available mentation of the National Collections; pres- SALARIES AND EXPENSES until expended. entation of public exhibits and perform- For the upkeep and operations of the Na- MATCHING GRANTS ances; collection, preparation, dissemina- tional Gallery of Art, the protection and To carry out the provisions of section tion, and exchange of information and publi- care of the works of art therein, and admin- 10(a)(2) of the National Foundation on the cations; conduct of education, training, and istrative expenses incident thereto, as au- Arts and the Humanities Act of 1965, as museum assistance programs; maintenance, thorized by the Act of March 24, 1937 (50 Stat. amended, $13,900,000, to remain available alteration, operation, lease (for terms not to 51), as amended by the public resolution of until expended, of which $9,900,000 shall be exceed 30 years), and protection of buildings, April 13, 1939 (Public Resolution 9, Seventy- available to the National Endowment for the facilities, and approaches; not to exceed sixth Congress), including services as author- Humanities for the purposes of section 7(h): $100,000 for services as authorized by 5 U.S.C. ized by 5 U.S.C. 3109; payment in advance Provided, That this appropriation shall be 3109; up to 5 replacement passenger vehicles; when authorized by the treasurer of the Gal- available for obligation only in such purchase, rental, repair, and cleaning of uni- lery for membership in library, museum, and amounts as may be equal to the total forms for employees; $346,449,000, of which art associations or societies whose publica- amounts of gifts, bequests, and devises of not to exceed $48,076,000 for the instrumenta- tions or services are available to members money, and other property accepted by the tion program, collections acquisition, Mu- only, or to members at a price lower than to chairman or by grantees of the Endowment seum Support Center equipment and move, the general public; purchase, repair, and under the provisions of subsections exhibition reinstallation, the National Mu- cleaning of uniforms for guards, and uni- 11(a)(2)(B) and 11(a)(3)(B) during the current seum of the American Indian, the repatri- forms, or allowances therefor, for other em- and preceding fiscal years for which equal ation of skeletal remains program, research ployees as authorized by law (5 U.S.C. 5901– amounts have not previously been appro- equipment, information management, and 5902); purchase or rental of devices and serv- priated. Latino programming shall remain available ices for protecting buildings and contents INSTITUTE OF MUSEUM AND LIBRARY SERVICES until expended, and including such funds as thereof, and maintenance, alteration, im- may be necessary to support American over- provement, and repair of buildings, ap- OFFICE OF MUSEUM SERVICES seas research centers and a total of $125,000 proaches, and grounds; and purchase of serv- GRANTS AND ADMINISTRATION for the Council of American Overseas Re- ices for restoration and repair of works of For carrying out subtitle C of the Museum search Centers: Provided, That funds appro- art for the National Gallery of Art by con- and Library Services Act of 1996, as amend- priated herein are available for advance pay- tracts made, without advertising, with indi- ed, $23,405,000, to remain available until ex- ments to independent contractors perform- viduals, firms, or organizations at such rates pended. ing research services or participating in offi- or prices and under such terms and condi- ADMINISTRATIVE PROVISIONS cial Smithsonian presentations. tions as the Gallery may deem proper, CONSTRUCTION AND IMPROVEMENTS, NATIONAL $57,938,000 of which not to exceed $3,026,000 None of the funds appropriated to the Na- ZOOLOGICAL PARK for the special exhibition program shall re- tional Foundation on the Arts and the Hu- For necessary expenses of planning, con- main available until expended: Provided, manities may be used to process any grant struction, remodeling, and equipping of That all functions and activities of the Na- or contract documents which do not include buildings and facilities at the National Zoo- tional Gallery of Art funded herein shall be the text of 18 U.S.C. 1913: Provided, That none logical Park, by contract or otherwise, subject to the requirements for a Federal en- of the funds appropriated to the National $4,500,000, to remain available until ex- tity under the Inspector General Act of 1978 Foundation on the Arts and the Humanities pended. (5 U.S.C. App. 3). may be used for official reception and rep- resentation expenses: Provided further, That REPAIR AND RESTORATION OF BUILDINGS REPAIR, RESTORATION AND RENOVATION OF funds from nonappropriated sources may be For necessary expenses of repair and res- BUILDINGS used as necessary for official reception and toration of buildings owned or occupied by For necessary expenses of repair, restora- representation expenses. the Smithsonian Institution, by contract or tion and renovation of buildings, grounds COMMISSION OF FINE ARTS otherwise, as authorized by section 2 of the and facilities owned or occupied by the Na- Act of August 22, 1949 (63 Stat. 623), including tional Gallery of Art, by contract or other- SALARIES AND EXPENSES not to exceed $10,000 for services as author- wise, as authorized, $6,311,000, to remain For expenses made necessary by the Act ized by 5 U.S.C. 3109, $44,500,000, to remain available until expended: Provided, That con- establishing a Commission of Fine Arts (40 available until expended, of which $4,500,000 tracts awarded for environmental systems, U.S.C. 104), $898,000.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6047 NATIONAL CAPITAL ARTS AND CULTURAL dire situation Lake Tahoe is experienc- However, today the health of the AFFAIRS ing. lake is at risk. As my colleagues have For necessary expenses as authorized by First let me say that I grew up at heard, algae growth is reducing the vis- Public Law 99–190 (20 U.S.C. 956(a)), as Lake Tahoe. It is a wonderful area and ibility by more than 30 feet today in amended, $7,000,000. it is still. Even with the decrease in the the lake. Algae growth is primarily due ADVISORY COUNCIL ON HISTORIC quality of the clarity of the water, and responsible from erosional runoff. PRESERVATION Lake Tahoe is still one of the jewels of It is the health of the forest that is re- SALARIES AND EXPENSES the entire world. It is a place where sponsible for that algae growth due to For necessary expenses of the Advisory people come from all over this country runoff. Council on Historic Preservation (Public and literally around the world to see Today, one out of every three trees is Law 89–665, as amended), $2,800,000: Provided, its magnificent beauty. either dead, dying or decayed, which That none of these funds shall be available for compensation of level V of the Executive However, in the last 20 years the lake sets up a rare fuel environment for Schedule or higher positions. has lost 25 percent of its clarity. If one wildland fire, which will have a cata- flies over Lake Tahoe, one used to be NATIONAL CAPITAL PLANNING COMMISSION strophic effect on not only the human able to see so far down just from the loss of life in the area, but also prop- SALARIES AND EXPENSES naked eye from an airplane and be able erty loss, as well as increasing the For necessary expenses, as authorized by to see huge boulders. There is a visible the National Capital Planning Act of 1952 (40 erosional runoff by an enormous pro- U.S.C. 71–71i), including services as author- difference, just with the naked eye, portion. ized by 5 U.S.C. 3109, $5,954,000: Provided, where one can see the difference in the The resulting massive erosion will That all appointed members will be com- clarity in the last 20 years. only add to the problems of the lake pensated at a rate not to exceed the rate for We are at a crossroads. Each sedi- clarity. This money will go to improv- level IV of the Executive Schedule. ment particle carries nutrients that ing the health of that forest, which will UNITED STATES HOLOCAUST MEMORIAL spur algae growth in the lake, and this ultimately help the health of the lake COUNCIL hurts the clarity. We all need to work as well. HOLOCAUST MEMORIAL COUNCIL together. Commitments have been Mr. Chairman, I urge my colleagues For expenses of the Holocaust Memorial made and it is time for Congress to to support this measure, and I thank Council, as authorized by Public Law 96–388 step up to the plate in our efforts. the gentleman from Nevada for his (36 U.S.C. 1401), as amended, $31,707,000, of Lake Tahoe is an area rich in history leadership on this issue. which $1,575,000 for the museum’s repair and and heritage, and we must protect the Mr. REGULA. Mr. Chairman, will the rehabilitation program and $1,264,000 for the tranquility of not only the lake itself, gentleman yield? museum’s exhibitions program shall remain available until expended. but of the surrounding areas. Protec- Mr. ENSIGN. I yield to the gen- tion of environmentally sensitive lands tleman from Ohio. PRESIDIO TRUST and maintenance of water quality Mr. REGULA. Mr. Chairman, I thank PRESIDIO TRUST FUND should be our highest priority. the gentleman, and I appreciate the ef- For necessary expenses to carry out Title I The list of activities that are nec- forts of the gentlemen, both gentlemen of the Omnibus Parks and Public Lands Man- essary to protect this natural pristine from Nevada, to protect Lake Tahoe. agement Act of 1996, $14,913,000 shall be available to the Presidio Trust, to remain treasure is very long. Supporting this In fact, it is in large part due to their available until expended. The Trust is au- amendment and supplying this much- efforts that the $700,000 appropriated in thorized to issue obligations to the Sec- needed funding is the first step in our this bill for erosion control is the larg- retary of the Treasury pursuant to section long journey to protect the lake. est amount of money ever dedicated to 104(d)(3) of the Act, in an amount not to ex- Millions visit this Alpine community this effort. ceed $25,000,000. each year, while thousands of families While I regret that I cannot support Mr. REGULA (during the reading). call it home every day. Environmental the gentleman’s amendment, if he Mr. Chairman, I ask unanimous con- groups and grassroots organizations would agree to withdraw the amend- sent that the bill through page 92, line have recognized the importance of im- ment, I will work with him in con- 11 be considered as read, printed in the mediate action to save Lake Tahoe, ference to address his concerns. RECORD, and open to amendment at and just last year, the President and Mr. ENSIGN. Mr. Chairman, reclaim- any point. Vice President traveled to Lake Tahoe ing my time, I appreciate the chair- The CHAIRMAN. Is there objection to personally listen to the challenges man’s remarks. to the request of the gentleman from in protecting this national treasure. The CHAIRMAN. The time of the Ohio? Nevada, California, and the adminis- gentleman from Nevada (Mr. ENSIGN) There was no objection. tration have made strong efforts to has expired. AMENDMENT OFFERED BY MR. ENSIGN focus on the lake and take further ac- (By unanimous consent, Mr. ENSIGN Mr. ENSIGN. Mr. Chairman, I offer tions, whatever actions are necessary was allowed to proceed for 1 additional an amendment. for its preservation. It is time for the minute.) The Clerk read as follows: Members of this body to do the same Mr. ENSIGN. Mr. Chairman, let me Amendment offered by Mr. ENSIGN: and support this environmental initia- just close by saying that Lake Tahoe, Page 56, line 2, after ‘‘$156,167,000’’ insert tive to save our beloved treasure before let us not forget, is a place where peo- ‘‘(increased by $5,300,000)’’. it is too late. ple come from all over the world and Page 40, line 14 after ‘‘$37,304,000’’ insert Mr. GIBBONS. Mr. Chairman, will they think it is incredible beauty when ‘‘(decreased by $5,300,000)’’. the gentleman yield? they look at the lake. But those of us Mr. ENSIGN. Mr. Chairman, I rise Mr. ENSIGN. I yield to the gen- who grew up there and have been there today to offer this amendment because tleman from Nevada. for any length of time can see with our we need this extra money to go into Mr. GIBBONS. Mr. Chairman, I visible eye the decreasing clarity in this account so that we can bring this thank my colleague and commend him the lake, and this is a treasure we can- extra money to Lake Tahoe. The Tahoe for his leadership role in helping to not afford to lose. It is too important. Regional Planning Agency, which is a preserve Lake Tahoe and the environ- So I appreciate the work that the bistate agency, has said that we need ment surrounding it. The gentleman chairman is going to do on behalf of $6 million for clarity improvement in has been a leader on this issue during Lake Tahoe. Lake Tahoe. his term in the United States Congress The CHAIRMAN. The time of the First, Mr. Chairman, I would like to and certainly all of us appreciate that. gentleman from Nevada (Mr. ENSIGN) recognize the efforts of the chairman of There is no doubt that Lake Tahoe is has expired. the subcommittee who has included a national treasure. In fact, over 130 (On request of Mr. REGULA, and by $700,000 in the bill for erosion control years ago, Mark Twain, when he first unanimous consent, Mr. ENSIGN was al- around Lake Tahoe, and I know that crossed the Sierras and set gaze upon lowed to proceed for 1 additional the people of Nevada thank the chair- the Lake Tahoe Basin, said that Lake minute.) man for doing this. However, I think Tahoe was the fairest land in all the Mr. REGULA. Mr. Chairman, if the that it is important to point out the world, and that remains so today. gentleman will yield to me briefly, I

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6048 CONGRESSIONAL RECORD — HOUSE July 21, 1998 was interested in both of the gentle- populations in the West and in other long to the timber companies or to the man’s comments about apparently uni- parts of the country. forest agencies or even to Members of fication taking place in the lake. Is it It puts money to recreation manage- Congress caused by runoff from the surrounding ment; $20 million is sent to rec- Mr. MILLER of California. Mr. Chair- national forests bringing nutrients in? reational management, because recre- man, will the gentlewoman yield? Mr. ENSIGN. Mr. Chairman, there ation is going to be more and more the Ms. FURSE. I yield to the gentleman are several causes for the increase in use of our national forests, and we need from California. the clarity. The nutrients that are to get our Forest Service ready and Mr. MILLER of California. Mr. Chair- coming in due to erosion is probably able to deal with that. Recreation is a man, I would just want to commend one of the biggest parts. There is also, huge contributor. It contributes over the gentlewoman from Oregon (Ms. unfortunately, from northern Califor- $105 billion to the GDP, or nearly 85 FURSE) for offering her amendment. nia the air pollution coming over the percent of the total forest system con- Persistence is a word that we will long Sierras is also causing the nitrogen to tribution. It results in over 2.7 million identify with her in this effort. The get down, which is food for the algae. jobs. gentlewoman from Oregon and the gen- So there are two problems that are Mr. Chairman, a study by the Amer- tleman from Massachusetts (Mr. KEN- really kind of almost exacerbating ican Sports Fishing Association says NEDY), who was here earlier, have been each other and decreasing clarity is the that angling in the national forests two very, very persistent people who result. generates $8.1 billion. Fishing and have started off in amendments that So we need to work on this. Erosion other wildlife activities generate more received very few votes. The gentle- control is a very important part, but than $200,000 of full-time equivalent woman did it on the rider. The gen- we also need it in other places. jobs in the United States. tleman from Massachusetts has done it Mr. REGULA. Mr. Chairman, I thank So my amendment is sensible; it is on forest roads. the gentleman for the clarification. environmentally sensible, and it is eco- We saw this Congress arrive at a Mr. ENSIGN. Mr. Chairman, I ask nomically sensible. point where both of those policies have unanimous consent at this time to Mr. Chairman, I will tell my col- been discredited. They have been dra- withdraw my amendment. leagues why I am not alone in thinking matically changed. And as was pointed The CHAIRMAN. Is there objection that. I have here over 40, 40 editorials out, we are headed in a direction now to the request of the gentleman from from national newspapers across the for the first time with this agreement Nevada? country supporting the Furse amend- that recognizes what I believe is the re- There was no objection. ment. Organizations and groups have ality of the forests, the reality of the AMENDMENT NO. 8 OFFERED BY MS. FURSE worked together to support this West. Ms. FURSE. Mr. Chairman, I offer an amendment. The CHAIRMAN. The time of the amendment. Now, I believe that the national for- gentlewoman from Oregon (Ms. FURSE) The CHAIRMAN. The Clerk will des- est is getting on the right track. I be- has expired. ignate the amendment. lieve that it is going that way. How- (On request of Mr. DICKS, and by The text of the amendment is as fol- ever, I think that we need to go a little unanimous consent, Ms. FURSE was al- lows: further. lowed to proceed for 3 additional min- utes.) Amendment No. 8 offered by Ms. FURSE: Now, unfortunately, Mr. Chairman, Page 56, line 18, insert before the period at sometimes circumstances, cir- Mr. MILLER of California. Mr. Chair- the end the following: : Provided, That, of the cumstances make having the right man, if the gentlewoman would con- funds made available in this paragraph, thing happen impossible, despite good- tinue to yield, that reality is that our $130,176,000 shall be for timber sales manage- will and good intentions. When I joined populations, along with the national ment, $87,654,000 shall be for watershed im- this Congress, the gentleman from populations, seek to have these forests provements, and $168,018,000 shall be for Washington (Mr. MCDERMOTT) said to properly managed, not there just for a recreation management. me, he said, ‘‘You know, Elizabeth, vic- single purpose. Ms. FURSE. Mr. Chairman, what I tory comes not to the pretty, but to Many of our colleagues on the other would like to do is tell my colleagues the persistent.’’ side and many on our side have talked what this amendment does. Well, under these circumstances I about multiple use. For the first time This amendment takes $80.5 million think it is wise to be persistent and pa- we are talking about real multiple use from the timber management line item tient, although I will continue, I hope, that recognizes the watershed value of and the National Forest Service sec- to be pretty. Eventually the outcome is these forests, that recognizes the tim- tion of the Interior Appropriations bill what I am striving for: Better forests, ber value of these forests, that recog- and it reallocates that money to water- better forest management. nizes the habitat value of these forests, shed improvement and recreational My mentor, my personal mentor and that recognizes the recreational value management. hero, Nelson Mandela, President of of these forests. Let me also say what it does not do. South Africa, knew that it was impor- Many of the problems that the gen- It does not cut money for road mainte- tant to be persistent. He added 2 years, tleman from Ohio (Mr. REGULA) and nance; it does not eliminate the Fed- stayed in jail 2 years longer in order to the members of the committee are hav- eral commercial timber program; it achieve what he thought was the best ing to deal with and spend money on does not affect forest stewardship or thing for South Africa, for his beloved are having to make up for very bad for- personal use sales, and it does not pre- South Africa. est policy in the past, where we have vent Americans from obtaining fire huge scars on our landscape and huge b wood and Christmas trees. 1945 scars on our waterscape. Now we are How did I arrive at the $80.5 million? And so although it is very difficult spending billions of dollars to go back That number is derived from adding to- for me because of the heroic work of and try to restore these forests, to re- gether the money lost, lost, I repeat, the environmental movement and the claim these forests, to replant these on commercial timber sales in individ- activists, I have decided today in order forests. And it is much more expensive ual forests in all nine Forest Service to protect my beloved forests that they to do it this way than to do it right the regions. I added them together and we can better get the overwhelming sup- first time, the kind of policy that has have a total of $80.5 million. It allo- port that they need and deserve in an- been articulated on behalf of our for- cates that money to some things that other area. Because we already have a ests in the past by the gentlewoman. will really improve our forests. very good agreement in this bill, I This amendment that the gentle- What does it do? It allocates money think that it is important for me to an- woman is offering to move these mon- to restoration, to restoration of water- nounce my intention to withdraw my ies toward those priorities, recognizing shed. Why do we do that? Because not amendment so that another time it the need, recognizing the urgency, I do only are watersheds vital to drinking will get a majority of support. not have to tell the gentlewoman as a water supply, they are critical to the Mr. Chairman, I hope that people will resident of the Northwest, or myself as survival and restoration of healthy fish not forget that these forests do not be- a resident of California, we are on an

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6049 urgency timetable here if we are, in culture, when we harvested around 4 MILLER) may revisit this issue next fact, going to salvage some of these billion board feet. That is now down to year. species that are at risk in terms of the less than a billion board feet. That I Mr. Chairman, I encourage the House fisheries and in terms of that habitat. think is about a 75 or 80 percent reduc- to support fiscally and environ- So, I also want to recognize the gen- tion. The National Timber Program mentally responsible forest manage- tlewoman’s very serious and pragmatic has been reduced from 10 billion board ment reform. judgment about the withdrawal of this feet down to 3.5 billion board feet. So I Mr. REGULA. Mr. Chairman, if the amendment because of the agreement think there has been a recognition on gentlewoman would continue to yield, I that is in place. But that agreement is the part of the Congress that what we thank her for her comments and I in place because of her persistence over were doing was not sustainable. would say that that is it what we at- the years, along with others, on these Now we have the job, the daunting tempted to do the bill. amendments. challenge to deal with some of the Ms. FURSE. Mr. Chairman, is it the Mr. Chairman, it was lonely in the problems, one of which the Assistant gentleman’s intention that once the In- beginning, but it turned out to be the Secretary of Agriculture laid on us this terior Appropriations bill reaches the majority position, and I think clearly year, that we need to do road mainte- conference committee, that he will ad- recognizes in the agreement in this bill nance repair work of about $10 billion. vocate to maintain the House’s posi- that this is the majority position of So, we have got serious problems out tion with respect to eliminating the this Congress. there. And I compliment the gentle- funding for the Purchaser Road Credit? I think we have further to go. I think woman from Oregon for her persistence Mr. REGULA. Mr. Chairman, yes, we have more to do. And we do really and her judgment. We have not always that is correct. It is my intention to in fact have to make these multiple use agreed on every single issue, but we strongly advocate the House position lands so they recognize all of the com- have agreed on many. And I think that on this and all other matters when this peting values for these forest lands. It my hope here is that we can work to- bill reaches the conference committee. Ms. FURSE. Mr. Chairman, I thank is not just the value of timber, as im- gether, that we can end an era of con- the gentleman from Ohio (Chairman portant as that is. frontation and bring people together, REGULA) and the gentleman from Cali- So, I thank the gentlewoman from work out reasonable solutions from the fornia (Mr. MILLER). As we see this Oregon, one, for offering the amend- grassroots up and restore these eco- movement towards responsible man- ment; two, for her decision here; but systems, restore these watersheds, re- agement, it is absolutely necessary thirdly, for her service in Congress and store these salmon runs. That should that the forest be better managed for especially on these issues where I have be our goal. And the gentlewoman’s wildlife, for recreation, and for public had a chance to work with her. For support for the fish has been probably good. really being a voice of reason and a the hallmark of her career, and that is Mrs. EMERSON. Mr. Chairman, I rise in voice of change with respect to forest something that we all agree upon. strong opposition to the amendment proposed policy in this country, I thank the gen- Ms. FURSE. Mr. Chairman, will the by Representative FURSE to cut funding for the tlewoman. gentleman yield? federal timber sales program. This amendment Ms. FURSE. Mr. Chairman, reclaim- Mr. DICKS. I yield to the gentle- attempts to force the Forest Service into a ing my time, it is a great joy to have woman from Oregon. ``zero-cut'' policy, which would be disastrous worked with the gentleman from Cali- Ms. FURSE. Mr. Chairman, I wonder for many rural communities as well as the fornia (Mr. MILLER). I think that we if I might use this time to enter into a health of our national forests. send today a message that the United colloquy with the gentleman from Ohio The federal timber sales program is a criti- States is a trustee. It is a trustee and (Mr. REGULA). cal component of the Forest Service's active has a legal duty, an enforceable legal Mr. Chairman, as the gentleman management of our national forests. Lacking duty to manage the public resources in knows, for a number of years the Mem- reasonable harvesting of timber and scientific the most responsible manner. And that bers of this House, including the gen- management practices, our forests become means getting the best value for our tleman from Illinois (Mr. PORTER), of vulnerable to a host of health threats. In fact, resources. the Committee on Appropriations, and Missouri's State Forester and the President of So, Mr. Chairman, I hope next year, the gentleman from Massachusetts the National Association of State Foresters, and I feel very confident that this issue (Mr. KENNEDY), have advocated for the Marvin Brown, recently wrote in a letter to Ag- will come again. I will not be in this elimination of Federal funding for the riculture Chairman BOB SMITH that, ``Timber Congress next year. I will be watching Purchaser Road Credit program, a pro- sales are being used to accomplish many from the sidelines. But I think that gram which used Federal funds to sub- goals, including reducing vulnerability to wild- next year we will move our forests to sidize timber companies for the roads life, eliminating pests, and improving fish and the way that it was supposed to be, for they built. I would like to say that I wildlife habitat.'' The essential point here is public use, not for private use. respect the long-standing commitment that timber sales are consistent with achieving Mr. DICKS. Mr. Chairman, I move to of the gentleman from Illinois and the our environmental goals for our forests. strike the requisite number of words. gentleman from Massachusetts to this It is also important to note that logging ac- Mr. Chairman, I very much appre- issue. tivities in our national forests are not at all ex- ciate the decision of the gentlewoman It is my understanding that the bill cessive, as some members of the extremist from Oregon (Ms. FURSE) to withdraw before the House does not include any environmental community would have us be- this amendment. I think that the gen- funding for this particular program. Is lieve. The fact of the matter is that there will tleman from California (Mr. MILLER), that the Chairman’s understanding? be 18 Billion Board Feet of NEW growth in our the gentleman from Washington, the Mr. REGULA. Mr. Chairman, if the national forests this year, while the Forest gentlewoman from Oregon, we all share gentlewoman would yield, that is cor- Service proposes to harvest less than 1¤4 of a common goal, and that is a sustain- rect. that, approximately 4 Billion Board Feet. able forest policy. Ms. FURSE. Mr. Chairman, as part of Finally, I urge the House to consider the Mr. Chairman, I held the first water- the agreement on the Purchaser Road damaging economic consequences of this shed restoration conference in the Pa- Credit that has been struck, I under- amendment. The timber industry in the state cific Northwest, the Vice President at- stand that several Members who would of Missouri accounts for approximately 20,000 tended, to try and help work with the otherwise have supported this amend- jobs and $3 billion dollars in economic activity. administration as they spent $1.2 bil- ment are been forced to vote against These are family-owned businesses, hard- lion over 5 years to try and not only my amendment. And so although 40 working folks. Their work is an important part implement Option 9, but to help the editorials across the country is a good of our local economies in Southern Missouri communities in this region that had beginning in educating the public and and a key element in the wise management of been hurt by the decision to dramati- the House on the taxpayer losses asso- our National Forests. If the Furse amendment cally reduce. ciated with the commercial program, it were to pass, the lives and livelihoods of good I can remember, as can the gen- is my understanding that the gen- people would be disregarded in favor of an ex- tleman from Oregon (Mr. SMITH), the tleman from Illinois (Mr. PORTER) and tremist agenda. I urge a strong NO vote on chairman of the Committee on Agri- the gentleman from California (Mr. this amendment.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00091 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6050 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Ms. DUNN. Mr. Chairman, I rise today in By law, counties with national forest lands So, what has happened? What has opposition to an amendment that will be of- receive payments equaling 25 percent of fed- happened is obvious to everyone. What fered during consideration of the Fiscal Year eral timber revenues. These communities rely has happened in this country is our im- 1999 Interior Appropriations bill by the gentle- on these payments to provide funding for ports have dramatically increased. Ob- woman from Oregon, Ms. FURSE. schools, roads, and emergency services. viously, we need the wood. The demand This amendment would decimate the U.S. In FY 1997, local governments received for wood is there. So here go the im- Forest Service timber sale program by reduc- $220 million for these important programs. Be- ports up to almost 12 billion board feet ing the budget for forest management. cause of this, the National Association of and timber sold, as reported in 1996, al- Over the last few years, we have endured Counties strongly opposes this amendment. most 3.5 billion in the United States. contentious debate on the floor of the House Mr. Chairman, this amendment is bad for Almost 12 billion imported, 3.5 billion regarding the Forest Service's Purchaser working families, bad for rural communities, from our forests. Beyond that it has Road Credit Program. and bad for schools. I urge my colleagues to placed greater pressure, of course, upon Last year, a commitment was made by sev- oppose the Furse amendment. private timber lands and our State eral Member of Congress on both sides of the Ms. FURSE. Mr. Chairman, I ask lands. debate to reach a compromise that would unanimous consent to withdraw my Yes, every forest lost money. Well, if eliminate the program, while still providing amendment. we eliminate 85 percent of the harvest, funding for road maintenance. The CHAIRMAN. Is there objection After many months of discussion, a good they are going to lose money. What to the request of the gentlewoman faith agreement was reached that removed the else lost money? The wildlife and fish- from Oregon? Purchaser Road Credit program from this eries program lost money. The forest There was no objection. year's Forest Service budget with the under- fire suppression program lost money. Mr. SMITH of Oregon. Mr. Chairman, standing that no further amendments would be The wilderness program lost money. I move to strike the last word. offered on this issue. Every Forest Service program lost It is imperative that we allow this com- Mr. Chairman, the recently with- money. They are below cost. Maybe we promise to move forward unchanged. drawn amendment certainly should ought to eliminate the whole thing. Too often, Members with divergent points of have been withdrawn, because the gen- That is the theory. Should we elimi- view have difficulty coming together to find so- tlewoman from Oregon (Ms. Furse), my nate the management of forests in lutions to problems pitting rural America friend, had this amendment exactly America because we have reduced, of against those advocating stricter public land correct. There will be room with her course, the impact of harvest? There- use policies. Today, we have an opportunity to amendment, should her amendment fore, they are all below cost. Obviously, defend a compromise that clears this hurdle. have passed, to harvest firewood and that is the wrong way to go, of course. I urge my colleagues to reject the Furse Christmas trees. That will be the end This amendment is about eliminating Amendment. The hard work that went into of any harvest practically on the public the timber sale completely. Zero-cut is crafting this delicate compromise should not forests. not protecting our national forests, it be wiped out by arbitrary cuts to important for- We know that there are more than 40 is wasting them. est management activities. million acres, Mr. Chairman, that are The national forests are growing over I thank the gentleman for yielding. (Thank in jeopardy of catastrophic fire in this 16 billion board feet every year, plus you to REGULA; YATES, for his years of service; country. We also have followed Chief another 6 billion of timber that dies Chairman SMITH, STENHOLM, and others for Dombeck’s suggestion that unless we from insects and disease every year. their work and leadership on this issue.) manage forests, quote, manage forests, Yet in 1997 we harvested only 3.3 billion Thank you, Mr. KENNEDY, for your years of we indeed will lose our public forests. board feet and again we may lose many service. Ms. FURSE, I enjoy our time on Com- The most effective tool we have, ob- millions of acres to fire. Certainly we merce Committee, you have my respectÐbut viously, to fight catastrophic fire or to would if an amendment like this were on this one you are wrong! eliminate insect disease, is a timber ever adopted. Mr. Chairman, I rise in strong opposition to sale program and managing forests. The zero-cut policy, as I have indi- the Furse amendment. We have heard many The amendment would have basically cated, would shift production to other arguments today on both sides of this issue eliminated all U.S. timber sales and countries, cost Americans jobs, hurt about topics like the environment and the eco- that, indeed, threatens the health of communities, injure the forests, and is nomics of the timber program. our forests. certainly no benefit to anyone, even While these are certainly important issues, I I want to quote Chief Dombeck be- those who believe that the wildlife and am afraid that lost in this debate is the impact cause he is right on point on this issue. the environment are the most cher- this amendment would have on working fami- We are hearing calls increasingly for a ished parts of our national heritage. lies and rural communities. zero-cut policy for the National Forests. I This amendment would destroy even In my district in northern Michigan, and in am opposed to this position. Both science those cherished items. districts like mine across the Nation, our na- and common sense support active manage- tional forests are a vital part of our economy ment of National Forests. b 2000 and livelihood. And he is right. It is a good idea for her to withdraw Timber is one of the largest industries in Now, this idea went so far that it this amendment, and it is a bad idea northern Michigan, especially in the Upper Pe- should have been withdrawn, but it for it to be brought up ever again. ninsula, and is an integral part of its economic also indeed threatens the health of our Mr. HERGER. Mr. Chairman, I move base. forests. It is not only economically un- to strike the last word. With three national forests in my district, reasonable; it jeopardizes jobs through- Mr. Chairman, it has come to my un- thousands of working families literally rely on out the United States nationwide. It derstanding that after debating this these forests and the timber program to put places economic and social stability issue the gentlewoman from Oregon food on the table. Many people think of the timber industry as problems within communities, and it (Ms. FURSE) is going to pull her amend- giant businesses that slash and clear cut for- interferes with public education floor ment without allowing it to go for a ests simply for profit. funds. It is an extreme, extreme posi- vote. I understand why the gentle- The truth is, however, that the majority of tion. It is a Sierra Club position. That woman is not going to let this come to people in the timber industry are family busi- is what it is. a vote. She clearly does not have the nessesÐ``mom and pop'' operations that are I point to the charts to indicate to votes in the House to support this ex- struggling to make ends meet and that truly my colleagues what has occurred here treme radical measure. care about the forests and the environment. since 1982, but specifically since 1997 For years we have argued and de- The timber program has already been re- and 1998. As my colleagues can see, the bated over possible corporate welfare duced by 70 percent since 1991. The Furse timber program has dramatically de- within the Forest Service road credit amendment would only serve to further hurt creased, and with the Furse amend- purchaser program. As of this year, these family-run businesses. ment in 1999, we can see the yellow this program no longer exists. Now we In addition, the Furse amendment would se- would be almost in half. And then in learn the argument was really not over verely impact rural communities across this the year 2000, almost no harvest in our the road credit purchaser program but nation. public forests. was really over the extremist agenda of

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6051 advocating zero cut on our national egon was not saying in her amendment been able to work out a very thorny forests, a euphemism for which is that timber production should be shut issue here in the House; namely, this below-cost timber sales. down entirely, as some have inferred, whole business of the road credits. This policy strips the Forest Service that is not the case, but that it should As my colleagues know, there was a of its single most effective tool for be put in context among the other pur- debate on this floor, I think, for a pe- maintaining forest health and reducing poses of the Forest Service. Commer- riod of about 3 years, with people real- the risk of catastrophic fire. The For- cial timber harvests should pay their ly lined up against themselves and 180 est Service estimates that more than own way and should not receive direct degrees apart. The gentleman from 40 million acres of our national forests or indirect subsidies from the taxpayer. California (Mr. HERGER) deserves an are threatened with destruction by cat- Here are a few principles that we sup- awful lot of credit for the effort to try astrophic wildfire. With a full range of port: The national forests are owned by to bring people together. He met with management options, the Forest Serv- all the American people and should the gentleman from Pennsylvania (Mr. ice can reduce this threat of cata- serve the diverse interests the Amer- GREENWOOD) and the gentleman from strophic fire. ican people have in the forests. Those New York (Mr. BOEHLERT), people who I would like to ask my colleagues diverse interests include watershed were in direct opposition to him and, which of these two forests that we have protection, recreational use, wildlife through a long process of negotiation pictures of would they want for their habitat, as well as timber production. and talk, we have essentially been able children? On the left we see a forest Watershed protection probably serves to reach an agreement that will give us that is not managed. the greatest number of people today. a more market-oriented approach to Now, I might mention that I rep- According to the Forest Service, the the way in which we, in fact, do these resent a district in northern California greatest number of direct forest users timber roads. that has 11 national forests in it. I have are recreational users, and recreational Now, not everybody is thoroughly happy with the solution, but I have to examples of both of these forests with- users produce the greatest amount of tell my colleagues that this is one of in my district. Again, the picture on forest revenues. These facts should be those times when we fought for 2 or 3 the left is an unmanaged forest. We taken into account in planning the years and I happen to believe that the know a lot about all the rain we have Forest Service budget. gentleman from California (Mr. been receiving, at least in California, According to the Forest Service’s HERGER) is the guy that deserves the this year. What we do not remember, own recent report, it lost $88.6 million most amount of credit because he said sometimes we forget that of the last 12 on below-cost timber sales last year we ought not to keep fighting on this. years, 7 of those 12 years have been alone, where the costs of arranging The other side has some legitimate drought years. these sales exceeded by that amount California, unlike so much of the rest the revenue derived from those sales. points, we have some legitimate points, of the Nation, is a desert during the We should face facts: Below-cost sales and let us try to work it out. For those environmentalists who summertime, and when there is this are subsidized. We have been giving have been worried about the road competition for moisture, what we see away our jointly-owned resources. building, if, in fact, it is true that is this unnatural type of state that we There are cases where a below-cost there are subsidies, there will be fewer see on the left. Without the ability to sale may clearly support a public good, roads built. They will only be built be able to go in and thin these forests such as improving a watershed. But where it makes economic sense. At the more often it is simply a giveaway of out and remove the dead and dying same time, for those who are concerned public resources to a private interest; timber, what we will see, rather than that we not shut down all appropriate what has been called corporate welfare. the forest on the right, which is a man- road building, it also will make eco- We have heard a lot of rhetoric about aged forest, where we remove dead and nomic sense to those whenever they dying timbers, what we see is a situa- how people should stand on their own move forward, and to those who are tion like this. and not get help from the government. worried about saving some money and In 1994, in the United States, we had We have heard a lot of talk about how not providing subsidies to anybody, we 5 million acres of timber that burned; efficient private industry is in creating have been able to deal with that. that were catastrophic; where there is jobs. We have heard lots of rhetoric So I think this is a win, win, win. For nothing left. In 1996 we had 6 million about the futility of propping up un- one of the few times in this House on a acres burned. So it is really up to us. economical activities and how we very tough environmental issue, I Are we going to manage our forests in should let the market rule. Well, it is think we have had successful regula- a prudent way or are we going to allow time to apply all of that rhetoric to re- tion. I want to praise the gentlewoman them to burn, as we see in this picture source extraction. It is time to say from Oregon (Ms. FURSE) for agreeing to my left? that if a timber operation is not eco- not to pursue her amendment. That I am very pleased, again, that the nomical and cannot survive without would not be the wise thing to do. My gentlewoman from Oregon has removed free or cheap public timber, maybe it understanding is she has withdrawn her this very ill thought out amendment of needs to change. amendment, will not have a vote on it, hers, but I believe it is time that we We are pleased to see the plan to end which is entirely appropriate, and begin to bring balance to the manage- purchaser road credits. We hope it maybe this is the model that we can ment of our forests and not allow the holds and we hope that all the people use to resolve a number of environ- extreme environmentalists to run it by who pledge to support it will pledge to mental issues where people of good politics. keep it in the conference version of heart all feel the same way. Mr. HINCHEY. Mr. Chairman, I move this bill, but we do need to go beyond I would like to say one other thing to strike the last word. that. We have to modernize the Forest about the gentleman from California. Mr. Chairman, what the gentle- Service and modernize its budget to He feels very strongly about the fact woman from Oregon (Ms. FURSE) was take into account what we have that sometimes those on the other side trying to do in bringing her amend- learned about forests, to take into ac- do not understand that there is actu- ment before the House was to give us count and give a much more prominent ally some destruction done in the name the opportunity to talk about the fu- role to the other purposes of forests of environmental protection when, in ture direction of the Forest Service. that more and more Americans care fact, he has a view that there are Specifically, we need to determine about, and to stop giving trees away things that we can do to make the en- what its priorities are; that is to say, just to keep the machine running or vironment more secure. He has been what the Forest Service priorities just because that is the way we have able to lead the way and stand in the should be in managing the national for- always done it. breach, at times under very emotional ests and how the Forest Service should Mr. KASICH. Mr. Chairman, I move issues on the environment, and to be a spend the money allocated to it. to strike the last word. real leader. So I want to compliment Historically, the Forest Service has Mr. Chairman, I just want to take a him. brought a great emphasis on timber minute to just direct the attention of I am very happy that I was in the production. The gentlewoman from Or- the House to the fact that we have middle of this for the period of the last

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6052 CONGRESSIONAL RECORD — HOUSE July 21, 1998 3 years, and I think this is a very good calls for raising standards, strengthen- I, the Chair announces that he will success, and I want to thank the chair- ing accountability, and promoting postpone further proceedings today on man of the subcommittee, the great charter schools and other forms of pub- the motion to suspend the rules if a re- Member, the gentleman from Ohio (Mr. lic school choice. It calls for reducing corded vote or the yeas and nays are REGULA), for his outstanding work. class size in the early grades, so our ordered or if the vote is objected to Ms. JACKSON LEE of Texas. Mr. students get a solid foundation in the under clause 4 of rule XV. Chairman, I move to strike the last basic skills, modernizing our schools Such a rollcall vote, if postponed, word. for the 21st century, and linking them will be taken tomorrow. I wish to thank the chairman for his with the Internet. And we must kindness, and also I do believe, al- strengthen teaching and provide stu- f though we disagree, that the first dents who need additional help with tu- amendment had merit. Obviously, I toring, mentoring, and after-school SECURITIES LITIGATION UNIFORM would have supported it, but I hope we programs. We must take these steps STANDARDS ACT OF 1998 can recognize that even though the now. amendment was not put to the floor for By sending me this bill, the Congress Mr. BLILEY. Mr. Speaker, I move to a vote, that there are issues that we has instead chosen to weaken public suspend the rules and pass the bill should all discuss about saving our for- education and shortchange our chil- (H.R. 1689) to amend the Securities Act ests and our trees and hope that we dren. The modifications to the Edu- of 1933 and the Securities Exchange Act will continue this discussion. cation IRAs that the bill would author- of 1934 to limit the conduct of securi- Mr. Chairman, my only concern, and ize are bad education policy and bad ties class actions under State law, and I would like to yield to the gentleman tax policy. The bill would divert lim- for other purposes, as amended. as we rise, we are still continuing in ited Federal resources away from pub- The Clerk read as follows: lic schools by spending more than $3 title II for tomorrow as we resume; is H.R. 1689 that my understanding? billion on tax benefits that would do Mr. REGULA. Mr. Chairman, will the virtually nothing for average families Be it enacted by the Senate and House of Rep- gentlewoman yield? and would disproportionately benefit resentatives of the United States of America in Ms. JACKSON LEE of Texas. I yield the most affluent families. More than Congress assembled, to the gentleman from Ohio. 70 percent of the benefits would flow to SECTION 1. SHORT TITLE. Mr. REGULA. Mr. Chairman, the families in the top 20 percent of income This Act may be cited as the ‘‘Securities gentlewoman’s understanding is cor- distribution, and families struggling to Litigation Uniform Standards Act of 1998’’. rect. make ends meet would never see a TITLE I—SECURITIES LITIGATION I would also add that I think we have penny of the benefits. Moreover, the UNIFORM STANDARDS an agreement among many people that bill would not create a meaningful in- SEC. 101. LIMITATION ON REMEDIES. the forests have a multipurpose poten- centive for families to increase their tial for the public. It is a matter of how (a) AMENDMENTS TO THE SECURITIES ACT OF savings for educational purposes; it 1933.— we achieve that in the best possible would instead reward families, particu- (1) AMENDMENT.—Section 16 of the Securi- way. larly those with substantial incomes, ties Act of 1933 (15 U.S.C. 77p) is amended to Ms. JACKSON LEE of Texas. Mr. for what they already do. read as follows: Chairman, I appreciate the chairman’s The way to improve education for all ‘‘SEC. 16. ADDITIONAL REMEDIES; LIMITATION kindness and I think we can continue our children is to increase standards, ON REMEDIES. to go forward and work these issues accountability, and choice within the ‘‘(a) REMEDIES ADDITIONAL.—Except as pro- out. public schools. Just as we have an obli- vided in subsection (b), the rights and rem- Mr. REGULA. Mr. Chairman, I move gation to repair our Nation’s roads and edies provided by this title shall be in addi- that the Committee do now rise. bridges and invest in the infrastructure tion to any and all other rights and remedies The motion was agreed to. of our transportation system, we also that may exist at law or in equity. Accordingly, the Committee rose; have an obligation to invest in the in- ‘‘(b) CLASS ACTION LIMITATIONS.—No cov- and the Speaker pro tempore (Mr. frastructure needs of our public ered class action based upon the statutory or HASTINGS of Washington) having as- schools. I urge the Congress to meet common law of any State or subdivision sumed the chair, Mr. LATOURETTE, that obligation and to send me instead thereof may be maintained in any State or Federal court by any private party alleg- Chairman of the Committee of the the legislation I have proposed to re- Whole House on the State of the Union, ing— duce class size; improve the quality of ‘‘(1) an untrue statement or omission of a reported that that Committee, having teaching; modernize our schools; end material fact in connection with the pur- had under consideration the bill (H.R. social promotions; raise academic chase or sale of a covered security; or 4193) making appropriations for the De- standards; and hold school districts, ‘‘(2) that the defendant used or employed partment of the Interior and related schools, and staff accountable for re- any manipulative or deceptive device or con- agencies for the fiscal year ending Sep- sults. trivance in connection with the purchase or tember 30, 1999, and for other purposes, WILLIAM J. CLINTON. sale of a covered security. had come to no resolution thereon. THE WHITE HOUSE, July 21, 1998. ‘‘(c) REMOVAL OF COVERED CLASS AC- f b TIONS.—Any covered class action brought in 2015 any State court involving a covered security, EDUCATION SAVINGS AND SCHOOL The SPEAKER pro tempore (Mr. as set forth in subsection (b), shall be remov- EXCELLENCE ACT OF 1998—VETO HASTINGS of Washington). The objec- able to the Federal district court for the dis- MESSAGE FROM THE PRESIDENT tions of the President will be spread at trict in which the action is pending, and OF THE UNITED STATES large upon the Journal, and the veto shall be subject to subsection (b). The SPEAKER pro tempore laid be- message and the bill will be printed as ‘‘(d) PRESERVATION OF CERTAIN ACTIONS.— fore the House the following veto mes- a House document. ‘‘(1) ACTIONS UNDER STATE LAW OF STATE OF INCORPORATION.— sage from the President of the United Mr. HERGER. Mr. Speaker, I ask ‘‘(A) ACTIONS PRESERVED.—Notwithstand- States. unanimous consent that the veto mes- sage of the President, together with ing subsection (b) or (c), a covered class ac- To the House of Representatives: tion described in subparagraph (B) of this I am returning herewith without my the accompanying bill, H.R. 2646, be re- paragraph that is based upon the statutory approval H.R. 2646, the ‘‘Education ferred to the Committee on Ways and or common law of the State in which the Savings and School Excellence Act of Means. issuer is incorporated (in the case of a cor- 1998.’’ The SPEAKER pro tempore. Is there poration) or organized (in the case of any As I have said before, we must pre- objection to the request of the gen- other entity) may be maintained in a State pare our children for the 21st century tleman from California? or Federal court by a private party. by providing them with the best edu- There was no objection. ‘‘(B) PERMISSIBLE ACTIONS.—A covered f cation in the world. To help meet this class action is described in this subparagraph ANNOUNCEMENT BY THE SPEAKER if it involves— goal, I have sent the Congress a com- ‘‘(i) the purchase or sale of securities by prehensive agenda for strengthening PRO TEMPORE the issuer or an affiliate of the issuer exclu- our public schools, which enroll almost The SPEAKER pro tempore. Pursu- sively from or to holders of equity securities 90 percent of our students. My plan ant to the provisions of clause 5 of rule of the issuer; or

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‘‘(ii) any recommendation, position, or ‘‘(B) EXCEPTION FOR DERIVATIVE ACTIONS.— that is based upon the statutory or common other communication with respect to the Notwithstanding subparagraph (A), the term law of the State in which the issuer is incor- sale of securities of the issuer that— ‘covered class action’ does not include an ex- porated (in the case of a corporation) or or- ‘‘(I) is made by or on behalf of the issuer or clusively derivative action brought by 1 or ganized (in the case of any other entity) may an affiliate of the issuer to holders of equity more shareholders on behalf of a corpora- be maintained in a State or Federal court by securities of the issuer; and tion. a private party. ‘‘(II) concerns decisions of those equity ‘‘(C) COUNTING OF CERTAIN CLASS MEM- ‘‘(ii) PERMISSIBLE ACTIONS.—A covered holders with respect to voting their securi- BERS.—For purposes of this paragraph, a cor- class action is described in this clause if it ties, acting in response to a tender or ex- poration, investment company, pension plan, involves— change offer, or exercising dissenters’ or ap- partnership, or other entity, shall be treated ‘‘(I) the purchase or sale of securities by praisal rights. as 1 person or prospective class member, but the issuer or an affiliate of the issuer exclu- ‘‘(2) STATE ACTIONS.— only if the entity is not established for the sively from or to holders of equity securities ‘‘(A) IN GENERAL.—Notwithstanding any purpose of participating in the action. of the issuer; or other provision of this section, nothing in ‘‘(D) RULE OF CONSTRUCTION.—Nothing in ‘‘(II) any recommendation, position, or this section may be construed to preclude a this paragraph shall be construed to affect other communication with respect to the State or political subdivision thereof or a the discretion of a State court in determin- sale of securities of an issuer that— State pension plan from bringing an action ing whether actions filed in such court ‘‘(aa) is made by or on behalf of the issuer involving a covered security on its own be- should be joined, consolidated, or otherwise or an affiliate of the issuer to holders of eq- half, or as a member of a class comprised allowed to proceed as a single action. uity securities of the issuer; and solely of other States, political subdivisions, ‘‘(3) COVERED SECURITY.—The term ‘covered ‘‘(bb) concerns decisions of such equity or State pension plans that are named plain- security’ means a security that satisfies the holders with respect to voting their securi- tiffs, and that have authorized participation, standards for a covered security specified in ties, acting in response to a tender or ex- in such action. section 18(b)(1) at the time during which it is change offer, or exercising dissenters’ or ap- ‘‘(B) STATE PENSION PLAN DEFINED.—For alleged that the misrepresentation, omis- praisal rights. purposes of this paragraph, the term ‘State sion, or manipulative or deceptive conduct ‘‘(B) STATE ACTIONS.— pension plan’ means a pension plan estab- occurred, except that such term shall not in- ‘‘(i) IN GENERAL.—Notwithstanding any lished and maintained for its employees by clude any debt security that is exempt from other provision of this subsection, nothing in the government of the State or political sub- registration under this title pursuant to this subsection may be construed to preclude division thereof, or by any agency or instru- rules issued by the Commission under sec- a State or political subdivision thereof or a mentality thereof. tion 4(2) of this title.’’. State pension plan from bringing an action ‘‘(3) ACTIONS UNDER CONTRACTUAL AGREE- (2) CIRCUMVENTION OF STAY OF DISCOVERY.— involving a covered security on its own be- MENTS BETWEEN ISSUERS AND INDENTURE Section 27(b) of the Securities Act of 1933 (15 half, or as a member of a class comprised TRUSTEES.—Notwithstanding subsection (b) U.S.C. 77z–1(b)) is amended by inserting after solely of other States, political subdivisions, or (c), a covered class action that seeks to paragraph (3) the following new paragraph: or State pension plans that are named plain- enforce a contractual agreement between an ‘‘(4) CIRCUMVENTION OF STAY OF DISCOV- tiffs, and that have authorized participation, issuer and an indenture trustee may be ERY.—Upon a proper showing, a court may in such action. maintained in a State or Federal court by a stay discovery proceedings in any private ac- ‘‘(ii) STATE PENSION PLAN DEFINED.—For party to the agreement or a successor to tion in a State court as necessary in aid of purposes of this subparagraph, the term such party. its jurisdiction, or to protect or effectuate ‘State pension plan’ means a pension plan es- ‘‘(4) REMAND OF REMOVED ACTIONS.—In an its judgments, in an action subject to a stay tablished and maintained for its employees action that has been removed from a State of discovery pursuant to this subsection.’’. by the government of a State or political court pursuant to subsection (c), if the Fed- (3) CONFORMING AMENDMENTS.—Section subdivision thereof, or by any agency or in- eral court determines that the action may be 22(a) of the Securities Act of 1933 (15 U.S.C. strumentality thereof. maintained in State court pursuant to this 77v(a)) is amended— ‘‘(C) ACTIONS UNDER CONTRACTUAL AGREE- subsection, the Federal court shall remand (A) by inserting ‘‘except as provided in sec- MENTS BETWEEN ISSUERS AND INDENTURE such action to such State court. tion 16 with respect to covered class ac- TRUSTEES.—Notwithstanding paragraph (1) or ‘‘(e) PRESERVATION OF STATE JURISDIC- tions,’’ after ‘‘Territorial courts,’’; and (2), a covered class action that seeks to en- TION.—The securities commission (or any (B) by striking ‘‘No case’’ and inserting force a contractual agreement between an agency or office performing like functions) ‘‘Except as provided in section 16(c), no issuer and an indenture trustee may be of any State shall retain jurisdiction under case’’. maintained in a State or Federal court by a the laws of such State to investigate and (b) AMENDMENTS TO THE SECURITIES EX- party to the agreement or a successor to bring enforcement actions. CHANGE ACT OF 1934.— such party. ‘‘(f) DEFINITIONS.—For purposes of this sec- (1) AMENDMENT.—Section 28 of the Securi- ‘‘(D) REMAND OF REMOVED ACTIONS.—In an tion, the following definitions shall apply: ties Exchange Act of 1934 (15 U.S.C. 78bb) is action that has been removed from a State ‘‘(1) AFFILIATE OF THE ISSUER.—The term amended— court pursuant to paragraph (2), if the Fed- ‘affiliate of the issuer’ means a person that (A) in subsection (a), by striking ‘‘The eral court determines that the action may be directly or indirectly, through 1 or more rights and remedies’’ and inserting ‘‘Except maintained in State court pursuant to this intermediaries, controls or is controlled by as provided in subsection (f), the rights and subsection, the Federal court shall remand or is under common control with, the issuer. remedies’’; and such action to such State court. ‘‘(2) COVERED CLASS ACTION.— (B) by adding at the end the following new ‘‘(4) PRESERVATION OF STATE JURISDIC- ‘‘(A) IN GENERAL.—The term ‘covered class subsection: TION.—The securities commission (or any action’ means— ‘‘(f) LIMITATIONS ON REMEDIES.— agency or office performing like functions) ‘‘(i) any single lawsuit in which— ‘‘(1) CLASS ACTION LIMITATIONS.—No cov- of any State shall retain jurisdiction under ‘‘(I) damages are sought on behalf of more ered class action based upon the statutory or the laws of such State to investigate and than 50 persons or prospective class mem- common law of any State or subdivision bring enforcement actions. bers, and questions of law or fact common to thereof may be maintained in any State or ‘‘(5) DEFINITIONS.—For purposes of this sub- those persons or members of the prospective Federal court by any private party alleg- section, the following definitions shall apply: class, without reference to issues of individ- ing— ‘‘(A) AFFILIATE OF THE ISSUER.—The term ualized reliance on an alleged misstatement ‘‘(A) a misrepresentation or omission of a ‘affiliate of the issuer’ means a person that or omission, predominate over any questions material fact in connection with the pur- directly or indirectly, through 1 or more affecting only individual persons or mem- chase or sale of a covered security; or intermediaries, controls or is controlled by bers; or ‘‘(B) that the defendant used or employed or is under common control with, the issuer. ‘‘(II) 1 or more named parties seek to re- any manipulative or deceptive device or con- ‘‘(B) COVERED CLASS ACTION.—The term cover damages on a representative basis on trivance in connection with the purchase or ‘covered class action’ means— behalf of themselves and other unnamed par- sale of a covered security. ‘‘(i) any single lawsuit in which— ties similarly situated, and questions of law ‘‘(2) REMOVAL OF COVERED CLASS ACTIONS.— ‘‘(I) damages are sought on behalf of more or fact common to those persons or members Any covered class action brought in any than 50 persons or prospective class mem- of the prospective class predominate over State court involving a covered security, as bers, and questions of law or fact common to any questions affecting only individual per- set forth in paragraph (1), shall be removable those persons or members of the prospective sons or members; or to the Federal district court for the district class, without reference to issues of individ- ‘‘(ii) any group of lawsuits filed in or pend- in which the action is pending, and shall be ualized reliance on an alleged misstatement ing in the same court and involving common subject to paragraph (1). or omission, predominate over any questions questions of law or fact, in which— ‘‘(3) PRESERVATION OF CERTAIN ACTIONS.— affecting only individual persons or mem- ‘‘(I) damages are sought on behalf of more ‘‘(A) ACTIONS UNDER STATE LAW OF STATE OF bers; or than 50 persons; and INCORPORATION.— ‘‘(II) 1 or more named parties seek to re- ‘‘(II) the lawsuits are joined, consolidated, ‘‘(i) ACTIONS PRESERVED.—Notwithstanding cover damages on a representative basis on or otherwise proceed as a single action for paragraph (1) or (2), a covered class action behalf of themselves and other unnamed par- any purpose. described in clause (ii) of this subparagraph ties similarly situated, and questions of law

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6054 CONGRESSIONAL RECORD — HOUSE July 21, 1998 or fact common to those persons or members ports submitted after the date of enactment (2) Section 11(f)(2)(A) (15 U.S.C. 77k(f)(2)(A)) of the prospective class predominate over of this Act a report regarding— is amended by striking ‘‘section 38’’ and in- any questions affecting only individual per- (1) the nature and the extent of the class serting ‘‘section 21D(f)’’. sons or members; or action cases that are preempted by, or re- (3) Section 13 (15 U.S.C. 77m) is amended— ‘‘(ii) any group of lawsuits filed in or pend- moved pursuant to, the amendments made (A) by striking ‘‘section 12(2)’’ each place it ing in the same court and involving common by section 101 of this title; appears and inserting ‘‘section 12(a)(2)’’; and questions of law or fact, in which— (2) the extent to which that preemption or (B) by striking ‘‘section 12(1)’’ each place it ‘‘(I) damages are sought on behalf of more removal either promotes or adversely affects appears and inserting ‘‘section 12(a)(1)’’. than 50 persons; and the protection of securities investors or the (4) Section 18 (15 U.S.C. 77r) is amended— ‘‘(II) the lawsuits are joined, consolidated, public interest; and (A) in subsection (b)(1)(A), by inserting ‘‘, or otherwise proceed as a single action for (3) if adverse effects are found, alternatives or authorized for listing,’’ after ‘‘Exchange, any purpose. to, or revisions of, such preemption or re- or listed’’; ‘‘(C) EXCEPTION FOR DERIVATIVE ACTIONS.— moval that— (B) in subsection (c)(2)(B)(i), by striking Notwithstanding subparagraph (B), the term (A) would not have such adverse effects; ‘‘Capital Markets Efficiency Act of 1996’’ and ‘covered class action’ does not include an ex- (B) would further promote the protection inserting ‘‘National Securities Markets Im- clusively derivative action brought by 1 or of investors and the public interest; and provement Act of 1996’’; more shareholders on behalf of a corpora- (C) would still substantially reduce the (C) in subsection (c)(2)(C)(i), by striking tion. risk of abusive securities litigation. ‘‘Market’’ and inserting ‘‘Markets’’; ‘‘(D) COUNTING OF CERTAIN CLASS MEM- TITLE II—REAUTHORIZATION OF THE SE- (D) in subsection (d)(1)(A)— BERS.—For purposes of this paragraph, a cor- CURITIES AND EXCHANGE COMMISSION (i) by striking ‘‘section 2(10)’’ and inserting poration, investment company, pension plan, ‘‘section 2(a)(10)’’; and partnership, or other entity, shall be treated SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (ii) by striking ‘‘subparagraphs (A) and as 1 person or prospective class member, but Section 35 of the Securities Exchange Act (B)’’ and inserting ‘‘subparagraphs (a) and only if the entity is not established for the of 1934 (15 U.S.C. 78kk) is amended to read as (b)’’; purpose of participating in the action. follows: (E) in subsection (d)(2), by striking ‘‘Secu- ‘‘(E) COVERED SECURITY.—The term ‘cov- ‘‘SEC. 35. AUTHORIZATION OF APPROPRIATIONS. rities Amendments Act of 1996’’ and insert- ered security’ means a security that satisfies ‘‘(a) IN GENERAL.—In addition to any other ing ‘‘National Securities Markets Improve- the standards for a covered security specified funds authorized to be appropriated to the ment Act of 1996’’; and in section 18(b)(1) of the Securities Act of Commission, there are authorized to be ap- (F) in subsection (d)(4), by striking ‘‘For 1933, at the time during which it is alleged propriated to carry out the functions, pow- purposes of this paragraph, the’’ and insert- that the misrepresentation, omission, or ma- ers, and duties of the Commission $351,280,000 ing ‘‘The’’. nipulative or deceptive conduct occurred, ex- for fiscal year 1999. (5) Sections 27, 27A, and 28 (15 U.S.C. 77z–1, cept that such term shall not include any ‘‘(b) MISCELLANEOUS EXPENSES.—Funds ap- 77z–2, 77z–3) are transferred to appear after debt security that is exempt from registra- propriated pursuant to this section are au- section 26. tion under the Securities Act of 1933 pursu- thorized to be expended— (6) Paragraph (28) of schedule A of such Act ant to rules issued by the Commission under ‘‘(1) not to exceed $3,000 per fiscal year, for (15 U.S.C. 77aa(28)) is amended by striking section 4(2) of such Act. official reception and representation ex- ‘‘identic’’ and inserting ‘‘identical’’. ‘‘(F) RULE OF CONSTRUCTION.—Nothing in penses; (b) SECURITIES EXCHANGE ACT OF 1934.—The this paragraph shall be construed to affect ‘‘(2) not to exceed $10,000 per fiscal year, Securities Exchange Act of 1934 (15 U.S.C. 78 the discretion of a State court in determin- for funding a permanent secretariat for the et seq.) is amended as follows: ing whether actions filed in such court International Organization of Securities (1) Section 3(a)(10) (15 U.S.C. 78c(a)(10)) is should be joined, consolidated, or otherwise Commissions; and amended by striking ‘‘deposit, for’’ and in- allowed to proceed as a single action.’’. ‘‘(3) not to exceed $100,000 per fiscal year, serting ‘‘deposit for’’. (2) CIRCUMVENTION OF STAY OF DISCOVERY.— for expenses for consultations and meetings (2) Section 3(a)(12)(A) (15 U.S.C. Section 21D(b)(3) of the Securities Exchange hosted by the Commission with foreign gov- 78c(a)(12)(A)) is amended by moving clause Act of 1934 (15 U.S.C. 78u–4(b)(3)) is amended ernmental and other regulatory officials, (vi) two em spaces to the left. by inserting after subparagraph (C) the fol- members of their delegations, appropriate (3) Section 3(a)(22)(A) (15 U.S.C. lowing new subparagraph: representatives, and staff to exchange views 78c(a)(22)(A)) is amended— ‘‘(D) CIRCUMVENTION OF STAY OF DISCOV- concerning developments relating to securi- (A) by striking ‘‘section 3(h)’’ and inserting ERY.—Upon a proper showing, a court may ties matters, for development and implemen- ‘‘section 3’’; and stay discovery proceedings in any private ac- tation of cooperation agreements concerning (B) by striking ‘‘section 3(t)’’ and inserting tion in a State court as necessary in aid of securities matters and provision of technical ‘‘such section 3’’. its jurisdiction, or to protect or effectuate assistance for the development of foreign se- (4) Section 3(a)(39)(B)(i) (15 U.S.C. its judgments, in an action subject to a stay curities markets, such expenses to include 78c(a)(39)(B)(i)) is amended by striking ‘‘an of discovery pursuant to this paragraph.’’. necessary logistic and administrative ex- order to the Commission’’ and inserting ‘‘an (c) APPLICABILITY.—The amendments made penses and the expenses of Commission staff order of the Commission’’. by this section shall not affect or apply to and foreign invitees in attendance at such (5) The following sections are each amend- any action commenced before and pending consultations and meetings, including— ed by striking ‘‘Federal Reserve Board’’ and on the date of enactment of this Act. ‘‘(A) such incidental expenses as meals inserting ‘‘Board of Governors of the Federal SEC. 102. PROMOTION OF RECIPROCAL SUB- taken in the course of such attendance; Reserve System’’: subsections (a) and (b) of POENA ENFORCEMENT. ‘‘(B) any travel or transportation to or section 7 (15 U.S.C. 78g(a), (b)); section 17(g) (a) COMMISSION ACTION.—The Securities from such meetings; and (15 U.S.C. 78q(g)); and section 26 (15 U.S.C. and Exchange Commission, in consultation ‘‘(C) any other related lodging or subsist- 78z). with State securities commissions, shall ence.’’. (6) The heading of subsection (d) of section seek to encourage the adoption of State laws SEC. 202. REQUIREMENTS FOR THE EDGAR SYS- 7 (15 U.S.C. 78g(d)) is amended by striking providing for reciprocal enforcement by TEM. ‘‘EXCEPTION’’ and inserting ‘‘EXCEPTIONS’’. State securities commissions of subpoenas Section 35A of the Securities Exchange Act (7) Section 14(g)(4) (15 U.S.C. 78n(g)(4)) is issued by another State securities commis- of 1934 (15 U.S.C. 78ll) is amended— amended by striking ‘‘consolidation sale,’’ sion seeking to compel persons to attend, (1) by striking subsections (a), (b), (c), and and inserting ‘‘consolidation, sale,’’. testify in, or produce documents or records (e); and (8) Section 15 (15 U.S.C. 78o) is amended— in connection with an action or investiga- (2) in subsection (d)— (A) in subsection (c), by moving paragraph tion by a State securities commission of an (A) by striking the subsection designation; (8) two em spaces to the left; alleged violation of State securities laws. (B) by striking ‘‘; and’’ at the end of para- (B) in subsection (h)(2), by striking ‘‘affect- (b) REPORT.—Within 24 months after the graph (2) and inserting a period; and ing’’ and inserting ‘‘effecting’’; date of enactment of this Act, the Commis- (C) by striking paragraph (3). (C) in subsection (h)(3)(A)(i)(II)(bb), by in- sion shall submit a report to the Congress— serting ‘‘or’’ after the semicolon; (1) identifying the States that have adopt- TITLE III—CLERICAL AND TECHNICAL (D) in subsection (h)(3)(A)(ii)(I), by strik- ed laws described in subsection (a); AMENDMENTS ing ‘‘maintains’’ and inserting ‘‘main- (2) describing the actions undertaken by SEC. 301. CLERICAL AND TECHNICAL AMEND- tained’’; the Commission and State securities com- MENTS. (E) in subsection (h)(3)(B)(ii), by striking missions to promote the adoption of such (a) SECURITIES ACT OF 1933.—The Securities ‘‘association’’ and inserting ‘‘associated’’. laws; and Act of 1933 (15 U.S.C. 77 et seq.) is amended (9) Section 15B(c)(4) (15 U.S.C. 78o–4(c)(4)) is (3) identifying any further actions the as follows: amended by striking ‘‘convicted by any of- Commission recommends for such purposes. (1) Section 2(a)(15)(i) (15 U.S.C. 77b(a)(15)(i)) fense’’ and inserting ‘‘convicted of any of- SEC. 103. REPORT ON CONSEQUENCES. is amended by striking ‘‘section 2(13) of the fense’’. The Securities and Exchange Commission Act’’ and inserting ‘‘paragraph (13) of this (10) Section 15C(f)(5) (15 U.S.C. 78o–5(f)(5)) shall include in each of its first 3 annual re- subsection’’. is amended by striking ‘‘any person or class

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6055 or persons’’ and inserting ‘‘any person or Virginia (Mr. BLILEY) and the gen- Act of 1997, which passed the House class of persons’’. tleman from Michigan (Mr. STUPAK) unanimously last session. (11) Section 19(c) (15 U.S.C. 78s(c)) is each will control 20 minutes. At the suggestion of the gentleman amended by moving paragraph (5) two em The Chair recognizes the gentleman from New York (Mr. LAZIO), technical spaces to the right. (12) Section 20 (15 U.S.C. 78t) is amended by from Virginia (Mr. BLILEY). changes were included to this title to redesignating subsection (f) as subsection (Mr. BLILEY asked and was given eliminate provisions in the Securities (e). permission to revise and extend his re- Exchange Act that have been identified (13) Section 21D (15 U.S.C. 78u–4) is amend- marks.) as an impediment to the possibility of ed— GENERAL LEAVE future privatization of the EDGAR sys- (A) by redesignating subsection (g) as sub- Mr. BLILEY. Mr. Speaker, I ask tem. I commend the gentleman for his section (f); and unanimous consent that all Members efforts and suggestions in the pursuit (B) in paragraph (2)(B)(i) of such sub- section, by striking ‘‘paragraph (1)’’ and in- may have 5 legislative days within of good government and a more effi- serting ‘‘subparagraph (A)’’. which to revise and extend their re- cient, more cost-effective EDGAR sys- (14) Section 31(a) (15 U.S.C. 78ee(a)) is marks on H.R. 1689 and to insert extra- tem. amended by striking ‘‘this subsection’’ and neous material on the bill. I would also like to commend the inserting ‘‘this section’’. The SPEAKER pro tempore. Is there original author of the legislation the (c) INVESTMENT COMPANY ACT OF 1940.—The objection to the request of the gen- gentleman from Washington (Mr. Investment Company Act of 1940 (15 U.S.C. WHITE). His tireless work and pursuit 80a–1 et seq.) is amended as follows: tleman from Virginia? (1) Section 2(a)(8) (15 U.S.C. 80a–2(a)(8)) is There was no objection. of good public policy has improved this amended by striking ‘‘Unitde’’ and inserting Mr. BLILEY. Mr. Speaker, I yield legislation from day one. I also would ‘‘United’’. myself 5 minutes. like to commend the gentlewoman (2) Section 3(b) (15 U.S.C. 80a–3(b)) is Mr. Speaker, I rise in strong support from California (Ms. ESHOO) for all of amended by striking ‘‘paragraph (3) of sub- of H.R. 1689, the Securities Litigation her efforts as a leading proponent of section (a)’’ and inserting ‘‘paragraph (1)(C) Uniform Standards Act of 1998. This this legislation. of subsection (a)’’. legislation has been carefully con- Many of the changes that have im- (3) Section 12(d)(1)(G)(i)(III)(bb) (15 U.S.C. structed and refined throughout the 80a–12(d)(1)(G)(i)(III)(bb)), by striking ‘‘the proved this legislation so significantly acquired fund’’ and inserting ‘‘the acquired legislative process on a bipartisan are a result of the work and com- company’’. basis. We now have a bill that is ready promise of the gentleman from Ohio (4) Section 18(e)(2) (15 U.S.C. 80a–18(e)(2)) is to be considered by this Congress that (Mr. OXLEY) the chairman of the Sub- amended by striking ‘‘subsection (e)(2)’’ and will protect our Nation’s investors and committee on Financial and Hazardous inserting ‘‘paragraph (1) of this subsection’’. shareholders from needless expenses Materials. I commend him for his lead- (5) Section 30 (15 U.S.C. 80a–29) is amend- companies incur from meritless law- ership and skill in developing these im- ed— suits. portant refinements. (A) by inserting ‘‘and’’ after the semicolon Congress thought we would stop the at the end of subsection (b)(1); Some of the changes included were at (B) in subsection (e), by striking ‘‘semi-an- flow of frivolous securities lawsuits the suggestion of the ranking member nually’’ and inserting ‘‘semiannually’’; and with the enactment of the Private Se- the gentleman from Michigan (Mr. DIN- (C) by redesignating subsections (g) and (h) curities Litigation Reform Act of 1995. GELL) of the Committee on Commerce. as added by section 508(g) of the National Se- The number of cases in Federal court Notwithstanding his opposition to the curities Markets Improvement Act of 1996 as has declined, but the explosion of cases legislation, his continued pursuant of subsections (i) and (j), respectively. being brought in state courts since the good public policy has improved the (6) Section 31(f) (15 U.S.C. 80a–30(f)) is Reform Act demonstrates that the bill. amended by striking ‘‘subsection (c)’’ and in- problem has not been eliminated, it has serting ‘‘subsection (e)’’. I would also commend the gentleman (d) INVESTMENT ADVISERS ACT OF 1940.—The just changed venue. from New York (Mr. MANTON) the rank- Investment Advisers Act of 1940 (15 U.S.C. It is unfortunate that additional leg- ing member of the Subcommittee on 80b et seq.) is amended as follows: islation is needed to plug a loophole Finance and Hazardous Material, whom (1) Section 203(e)(8)(B) (15 U.S.C. 80b– that undermines the intentions of Con- I am very distressed to see has an- 3(e)(8)(B)) is amended by inserting ‘‘or’’ after gress. Nevertheless, it is our job to en- nounced his retirement from this body, the semicolon. sure that the laws we pass work in the for his cooperation and support. At his (2) Section 222(b)(2) of (15 U.S.C. 80b– manner we intended. Based on the 18a(b)(2)) is amended by striking ‘‘principle’’ suggestion, the Committee on Com- and inserting ‘‘principal’’. number of cosponsors of this legisla- merce included a provision to provide (e) TRUST INDENTURE ACT OF 1939.—The tion, I think it is safe to say that the the SEC with nationwide enforceability Trust Indenture Act of 1939 (15 U.S.C. 77aaa law is not working the way it was in- of subpoenas served in our districts. et seq.) is amended as follows: tended. Unfortunately, the concerns by the (1) Section 303 (15 U.S.C. 77ccc) is amended The Uniform Standards Act will per- Committee on the Judiciary about this by striking ‘‘section 2’’ each place it appears mit meritorious claims to continue to provision have not been worked out in paragraphs (2) and (3) and inserting ‘‘sec- be filed while preventing the migration tion 2(a)’’. and it is not included in H.R. 1689. I (2) Section 304(a)(4)(A) (15 U.S.C. of baseless class actions to state would tell the gentleman from New 77ddd(a)(4)(A)) is amended by striking ‘‘(14) courts. The standard provided in this York that I will work with him to see of subsection’’ and inserting ‘‘(13) of sec- legislation builds on the simple nature that the provision makes it into the tion’’. of our capital markets. If the alleged final legislation. (3) Section 313(a) (15 U.S.C. 77mmm(a)) is violation is national and it is filed on Mr. Speaker, I urge my colleagues to amended— behalf of a class, then the case should join me in support of H.R. 1689. (A) by inserting ‘‘any change to’’ after the be brought in Federal court. If the case Mr. Speaker, I reserve the balance of paragraph designation at the beginning of is of a local nature, then it is more ap- my time. paragraph (4); and (B) by striking ‘‘any change to’’ in para- propriately handled at the state level. Mr. STUPAK. Mr. Speaker, I yield graph (6). This legislation will put a stop to the myself such time as I may consume. (4) Section 319(b) (15 U.S.C. 77sss(b)) is inappropriate use of state courts to cir- (Mr. STUPAK asked and was given amended by striking ‘‘the Federal Register cumvent the protections that Congress permission to revise and extend his re- Act’’ and inserting ‘‘chapter 15 of title 44, deemed appropriate in 1995. H.R. 1689 marks.) United States Code,’’. will not prevent individual claims from Mr. STUPAK. Mr. Speaker, I yield SEC. 302. EXEMPTION OF SECURITIES ISSUED IN being filed in state courts but will sim- myself such time as I may cosume. CONNECTION WITH CERTAIN STATE ply set a standard to determine when Mr. Speaker, I rise in opposition to HEARINGS. Section 18(b)(4)(C) of the Securities Act of the Reform Act of 1995 is applied. the bill before us tonight. 1933 (15 U.S.C. 77r(b)(4)(C)) is amended by The legislation also includes a title Mr. Speaker, 2 years ago, Congress striking ‘‘paragraph (4) or (11)’’ and inserting to reauthorize the Securities and Ex- passed the Private Securities Litiga- ‘‘paragraph (4), (10), or (11)’’. change Commission for Fiscal 1999. tion Reform Act, that changed all the The SPEAKER pro tempore. Pursu- This language is substantially similar rules for the investors like people who ant to the rule, the gentleman from to H.R. 1262, the SEC Reauthorization invest in today’s stock market. Now

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6056 CONGRESSIONAL RECORD — HOUSE July 21, 1998 proponents of this legislation want to boards, retirement plan administra- poses H.R. 1689 and urges you to vote against extend an untested federal system upon tors, county officials and many other it. all the states. groups oppose this legislation. Sincerely, If we pass this bill, Congress will BARBARA L.N. ROPER, This federal preemption is not nec- Director of Investor Protection, place all investors into a largely un- essary. Proponents argue that this bill Consumer Federation of America. tested, untried new federal system that is necessary because there has been an will make it very difficult for investors increase in the number of suits in state JULY 20, 1998. to prove fraud. Many of the proponents courts since the passage of the Private Re H.R. 1689, Securities Litigation Uniform of this bill claim that it corrects an Securities Litigation Reform Act 2 Standards Act of 1998. oversight from the Private Securities years ago. Yet in 1997 there was a de- MEMBER OF CONGRESS, Litigation Act of the last Congress. crease in private securities as com- House of Representatives, This claim is disingenuous and false. pared to levels before the passage of Washington, DC. These same Members claim that during DEAR REPRESENTATIVE: The state and local the Private Securities Litigation Re- government organizations listed above write the debate over the Private Securities form Act in 1995. in opposition to H.R. 1689, the Securities Litigation Reform Act that investors Nationwide, private security litiga- Litigation Uniform Standards Act of 1998, as would continue and would always have tion state filings account for less than reported by the House Committee on Com- available to them the protection af- 100th of 1 percent of state filings na- merce, which is scheduled to be considered by the full House early this week. Our most forded by the state courts. tionwide. I believe that it is irrespon- The prime sponsor of the previous significant concerns are the following: sible and unnecessary to supersede the legislation explicitly stated that state Despite the preservation of the right of law of all 50 states. The joint system of state and local governments and their pen- courts would continue to be an avenue state and federal causes of action have sion plans to pursue class actions in state for defrauded investors to recoup their existed for over 60 years. At a time courts which is included in H.R. 1689, the losses. Now these Members are seeking when a market has joined its bullish limitation on this right that those in the to preempt these state laws. class must be named plaintiffs and authorize run, I do not believe that we need now If this legislation passes, it will over- such participation will severely limit the to preempt the 50 state laws with an rule, do away, with the aiding and ability of the most vulnerable public entities untried, untested federal system. abetting statutes in 49 states. It will do to recover their losses. State and local gov- away with 33 statute of limitations Mr. Speaker, I believe this bill will ernments support the underlying provision to preserve the fundamental right of a state provisions that we are now telling make it easier for charlatans and rip- off artists to defraud investors, espe- or local government or public pension plan states that forget about their own stat- to bring a class action in state court. How- ute of limitations to protect their in- cially senior citizens. I truly hope that ever, we believe that the limitation placed vestors, they will now have to protect I am wrong. But before we pass this on that right in H.R. 1689 will effectively ex- their citizens with an untried, untested bill, I ask all Members to contemplate clude the most vulnerable public entities, federal system. The Federal Govern- whether or not they want to make it such as small pension plans. These fraud vic- ment will now tell them what protec- easier for their constituents to become tims are the least likely to be aware of a victims of fraud. I urge them to vote pending class action and may be unable to tions states can afford their citizens. initiate a suit on their own. These parties It is important to remember through- against this bill and protect our inves- tors. potentially have the most to lose in case of out this debate tonight that the blue fraud, yet this provision virtually eliminates sky laws predated the existence of fed- Mr. Speaker, I include for the their ability to recover their losses. eral securities law. When Congress RECORD letters from the Consumer H.R. 1689 fails to reinstate liability for sec- wrote the Securities Act of 1933 and the Federation of America and the Govern- ondary wrongdoers who aid and abet securi- Securities Exchange Act of 1934, they ment Finance Officers Association in ties fraud. Despite two opportunities to do so did not impose liability on aiders and opposition to this bill. since the Supreme Court struck down for pri- vate actions aiding and abetting liability for CONSUMER FEDERATION OF AMERICA, abettors or insert an adequate statute wrongdoers who assist in perpetrating secu- July 20, 1998. of limitation. They declined to take rities fraud, Congress appears to be on the Hon. BART STUPAK, these steps because Congress felt that verge of not only failing to reinstate such li- House of Representatives, ability but extending it to the states. it was necessary to allow states to de- Washington, DC. cide these issues at the state level. But H.R. 1689 fails to reinstate more a reason- yet, tonight, if we vote for this bill, we OPPOSE H.R. 1689, SECURITIES LITIGATION able statute of limitations for defrauded in- will take away from these investors REFORM BILL vestors to file a claim. As in the case of aid- ing and abetting, Congress has now had two DEAR REPRESENTATIVE STUPAK: It is our protections they have enjoyed for over opportunities to reinstate a longer, more 60 years under state law. understanding that the full House of Rep- resentatives will vote as early as today or reasonable statute of limitations for de- Chairman Arthur Levitt of the Secu- frauded investors to bring suit. Many frauds rities Exchange Commission, consumer tomorrow on H.R. 1689, the ‘‘Securities Liti- gation Uniform Standards Act.’’ I am writ- are not discovered within this shortened groups, municipal officers all sup- ing on behalf of the Consumer Federation of time period, but this bill misses the oppor- ported maintaining these two simple America (CFA) to express our strong opposi- tunity to make wronged investors whole by provisions, extending the statute of tion to this legislation and to urge you to not including this provision in H.R. 1689 and limitations and maintaining the states’ oppose it. by extending the existing unreasonably nar- row time period in which suits may be aiding and abetting statutes, but they CFA shares the view expressed by state brought to the states. were denied that request by the sup- and federal securities regulators that the The definition of ‘‘class action’’ contained porters of this bill. current federal law, as articulated in the Pri- in H.R. 1689 is overly broad. We believe that As we look at the market today, we vate Securities Litigation Reform Act the definition of class action in H.R. 1689 see record numbers of small investors (PSLRA), tilts the balance too far in favor of would allow single suits filed by individual are entrusting their life savings to the securities fraud defendants and threatens the plaintiffs to be rolled into a larger class ac- ability of defrauded investors to recover tion that was never contemplated or desired stock market. There are a number of their losses. For this reason, we strongly op- proposals to allow the Social Security by individual plaintiffs and have it removed pose extending that standard to lawsuits to federal court. Claims by the bill’s pro- Trust Fund to be invested in the stock currently being brought in state court. Even ponents that individual plaintiffs would still market. Now more than ever, these those who are more optimistic about the ef- be able to bring suit in federal court are un- small investors need to be protected fects of the federal law, however, must ac- dercut by this provision. We believe that no from fraudulent securities trans- knowledge that this preemption legislation showing has been made of the need for a se- actions. 28 million Americans over the would deprive investors of important protec- curities law definition of class action which age of 65 depend on investment income tions, such as aiding and abetting liability differs from that of other types of class ac- and longer statutes of limitation, that are tions under the Federal Rules of Civil Proce- to meet part of their expenses. available only under state law. The proponents of this bill claim its dure. Because it is fundamentally unjustified, There have been few state securities class passage will actually benefit these in- would further undermine defrauded inves- actions filed since the Private Securities vestors. I am flabbergasted by this tors’ access to justice, and could leave de- Litigation Reform Act of 1995 (PSLRA) was statement because consumer groups, frauded investors with no effective means of passed. Despite the claims of the bill’s pro- institutional investors, state pension recovering their losses, CFA strongly op- ponents, tracking by the Price Waterhouse

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6057 accounting firm shows that only 44 securi- ered is that suits that were formerly point to last year when there were only ties class actions were filed in state court for brought in Federal court under the old 44 cases throughout this entire Nation, all of 1997, compared with 67 in 1994 and 52 in days were now being brought in State the lowest number in 5 years. We have 1995. Most of these cases were filed in Cali- court as a way of getting around the a situation back in Pennsylvania where fornia, indicating that, if there is a problem not exactly unsophisticated investors, in that state, it is one which should be dealt statute that we passed. Not only were with at the state level. Citizens of the other these suits being brought in State many school districts, were taken for a 49 states should not be penalized as a result court, it was clear from the testimony ride by a company called Devon Cap- of a unique situation in a single state. of lawyers who testified in our commit- ital Management. They defrauded 100 The PSLRA was opposed by state and local tee that they had to advise their cli- municipal clients in Pennsylvania and governments because the legislation did not ents to bring these suits in State court elsewhere. Those clients included 75 strike an appropriate balance, and this legis- because it was a more favorable envi- school districts, mostly in western and lation extends that mistake to state courts. ronment. central Pennsylvania. Are these unso- As both issuers of debt and investors of pub- phisticated investors? I do not think lic funds, state and local governments seek H.R. 1689 is simply designed to fix that particular problem. Now, we will so. Many of these municipal govern- to not only reduce frivolous lawsuits but to ments, school districts included, will protect their investors who are defrauded in hear some things today as some poten- securities transactions. The full impact of tial problems that people have with be lucky if they can get 10 cents on the that statute on investor rights and remedies H.R. 1689. Frankly, Mr. Speaker, it is dollar. A few may get lucky enough to remains unsettled because even now many quite logical that people who did not get 50 cents on the dollar. parts of the PSLRA have not been fully liti- support the law that we passed in 1995 Mr. Speaker, this is a bad bill and I gated; however, this untested law would now are not going to support this law, ei- would suggest that the Members of this be extended to state courts. ther. This law is designed to perfect Congress vote against it. The above organizations believe that Mr. BLILEY. Mr. Speaker, I yield 31⁄2 what we did in 1995, to make it work states must be able to protect state and local minutes to the gentleman from Louisi- right. But this is a limited bill de- government funds and their taxpayers and ana (Mr. TAUZIN). that H.R. 1689 inhibits these protections. We signed to accomplish a very good pur- Mr. TAUZIN. Mr. Speaker, let me urge you to oppose preemption efforts which pose. first thank the gentleman from Vir- interfere with the ability of states to protect Make no mistake about it, Mr. ginia (Mr. BLILEY) and those that their public investors and to maintain inves- Speaker, this bill only applies to na- tor protections for both public investors and worked with him to bring this bill to tional lawsuits. It only applies to secu- the floor. As many of my colleagues their citizens. rities that are traded on the three na- Government Finance Officers Associa- know, the securities litigation reform tional exchanges in our country. It bill was first filed way back in 1992. It tion; Municipal Treasurers’ Associa- only applies to class actions. State tion; National Association of Counties; was a bill that we crafted, in fact I was National Association of County Treas- lawsuits will still be permitted under the lead sponsor of it then, to put an urers and Finance Officers; National this bill. end to strike lawsuits in this country Association of State Retirement Ad- Mr. Speaker, I urge my colleagues in of which 94 percent were settled out of ministrators; National Conference on the House to vote for this bill and fin- court at 10 cents on the dollar. When Public Employee Retirement Systems; ish the job that we started in 1995 so lawsuits are filed and settled at that National League of Cities. that we can bring some order and re- rate, 94 percent of them, at 10 cents on Mr. Speaker, I reserve the balance of sponsibility to shareholder lawsuits in the dollar, it paints the picture that I my time. our country. think in a bipartisan way this Congress Mr. BLILEY. Mr. Speaker, I am Mr. STUPAK. Mr. Speaker, I yield 2 responded to in 1995. It paints a picture happy to yield 3 minutes to the gen- minutes to the gentleman from Penn- of strike lawsuits, frivolous lawsuits tleman from Washington (Mr. WHITE) sylvania (Mr. KLINK). that do not have value except to force an instrumental force in bringing this Mr. KLINK. Mr. Speaker, back in 1995 the people who have been sued to divvy bill to the floor. the Committee on Commerce developed up, to pay up 10 cents on the dollar just Mr. WHITE. Mr. Speaker, I thank the and this Congress passed and approved to end the lawsuit, to end the abusive chairman very much for yielding me over a presidential veto the Private Se- lawsuits. the time and also for his patience and curities Litigation Reform Act which When were they filed? They were wonderful leadership in bringing this put strict limits on Federal investor filed immediately when any stock bill to the point where it is today. It is class action lawsuits. At the time we prices changed up or down. They were a real testament to his leadership in were being told by our friends who ar- filed in cookie cutter fashion, very our committee. gued in favor of that that these victims often with the same plaintiffs on the Mr. Speaker, we spend a lot of time would still have State redress. They front of the class action lawsuits, very in this House complaining about law- could go to the State courts. Well, here often by the same set of lawyers in yers. And as a former lawyer, I would we go again. From on high in Washing- America, a unique set of lawyers who have to say that sometimes our com- ton, D.C., dictating back to the States, constantly brought these strike law- plaints are justified. But when we pass ‘‘You can’t do this.’’ suits aimed at the directors of corpora- a bill that intelligent lawyers can use I did not dream that my Republican tions, aimed at the corporations them- to a purpose other than what we in- colleagues would ever want to start selves, aimed at the accountants and tended, it is not the lawyers’ fault; it is telling the State courts what they the law firms that represented those our fault. could and could not do. My question is, corporations, aimed at as many people what next do we tell them? That you b 2030 as they could gather in a lawsuit so at cannot hear tobacco suits? That you 10 cents on the dollar the lawyers can Frankly that is what this bill, H.R. cannot hear real estate suits? This make a killing. 1689, is all about. In 1995, two-thirds of comes at a time when an increased Did the shareholders who supposedly this House, in fact more than two- number of unsophisticated investors were defrauded do well in these law- thirds of this House voted for the Pri- are getting into the stock market. An suits? Absolutely not. We found out vate Securities Litigation Reform Act increased number of unsophisticated that the shareholders got as little as of 1995. We passed it over President investors are getting into all market- four cents of the claims, four cents of Clinton’s veto. The whole idea of this places. We fear that these unsophisti- the supposedly defrauded amounts. The legislation was to let good suits go for- cated investors, many of them our con- truth was that the law before 1995 ex- ward but to try to slow down frivolous stituents, might be victimized and not isted for the benefit of a few lawyers lawsuits so they did not cause too have redress at the Federal level and who literally were abusing the system much harm in our economy, especially now being told by this Congress they with these strike suits. And abusing to the smaller companies that are the would not have redress at the State who? The corporations, their investors, provider of so many jobs and so many level. their pension fund investors, all of us innovations in our economy. But as Now, there appears to be no explosion who invested in these corporations luck would have it, we left a few loop- of State securities class actions. I do thinking that we were making a legiti- holes in that bill. One thing we discov- not see any need for this bill. I would mate investment in a corporation that

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6058 CONGRESSIONAL RECORD — HOUSE July 21, 1998 was going to go out and try to earn a GOVERNMENT FINANCE OFFICERS AS- Litigation Reform Act of 1995 (PSLRA) was profit for their American stockholders. SOCIATION, MUNICIPAL TREASUR- passed. Despite the claims of the bill’s pro- ERS’ ASSOCIATION, NATIONAL AS- ponents, tracking by the Price Waterhouse Instead these corporations were having SOCIATION OF COUNTIES, NATIONAL accounting firm shows that only 44 securi- to pay tribute time after time at 10 ASSOCIATION OF COUNTY TREASUR- ties class actions were filed in state court for cents on the dollar for these strike ERS AND FINANCE OFFICERS, NA- all of 1997, compared with 67 in 1994 and 52 in suits aimed at the heart of corporate TIONAL ASSOCIATION OF STATE RE- 1995. Most of these cases were filed in Cali- fornia, indicating that, if there is a problem America and aimed at the heart of all TIREMENT ADMINISTRATORS, NA- TIONAL CONFERENCE ON PUBLIC in that state, it is one which should be dealt of us who invest, from the poorest EMPLOYEE RETIREMENT SYSTEMS, with at the state level. Citizens of the other American who invests through their NATIONAL LEAGUE OF CITIES 49 states should not be penalized as a result pension funds to the richest who invest July 20, 1998. of a unique situation in a single state. The PSLRA was opposed by state and local in Wall Street directly. MEMBER OF CONGRESS, House of Representatives, Washington, DC. governments because the legislation did not strike an appropriate balance, and this legis- The bottom line was that in 1995, this RE: H.R. 1689, Securities Litigation Uniform lation extends that mistake to state courts. Congress in a bipartisan fashion not Standards Act of 1998 As both issuers of debt and investors of pub- only passed that bill but overrode a DEAR REPRESENTATIVE: The state and local lic funds, state and local governments seek presidential veto, a bill that had the government organizations listed above write to not only reduce frivolous lawsuits but to support then of the chairman of the Se- in opposition to H.R. 1689, the Securities protect their investors who are defrauded in Litigation Uniform Standards Act of 1998, as securities transactions. The full impact of curities and Exchange Commission. reported by the House Committee on Com- But what did we find out after passing that statute on investor rights and remedies merce, which is scheduled to be considered remains unsettled because even now many the bill even over a presidential veto by the full House early this week. Our most parts of the PSLRA have not been fully liti- with such a huge bipartisan majority significant concerns are the following: gated; however, this untested law would now Despite the preservation of the right of of over two-thirds? We found out that be extended to state courts. state and local governments to their pension The above organizations believe that the same lawyers attempted in the plans to pursue class actions in state courts states must be able to protect state and local which is included in H.R. 1689, the limitation State of California to overcome that government funds and their taxpayers and on this right that those in the class must be Federal law and set up a regime in that H.R. 1689 inhibits these protections. We named plaintiffs and authorize such partici- urge you to oppose preemption efforts which California to file all the same lawsuits pation will severely limit the ability of the interfere with the ability of states to protect simply in State court in California. We most vulnerable public entities to recover their public investors and to maintain inves- their losses. State and local governments found that time and again the same tor protections for both public investors and support the underlying provision to preserve lawyers were filing the same cookie their citizens. the fundamental right of a state or local gov- cutter lawsuits in State courts around ernment or public pension plan to bring a Mr. STUPAK. Mr. Speaker, I yield 2 America. In short, they were avoiding class action in state court. However, we be- minutes to the gentlewoman from Col- the reforms we passed over a presi- lieve that the limitation placed on that right orado (Ms. DEGETTE). dential veto in Congress by using other in H.R. 1689 will effectively exclude the most Ms. DEGETTE. Mr. Speaker, I rise in vulnerable public entities, such as small pen- jurisdictions to accomplish it. opposition to H.R. 1689, the Securities sion plans. These fraud victims are the least Litigation Uniform Standards Act. I likely to be aware of a pending class action So we are here tonight to perfect too believe that strike suits can be a that law, to say you cannot use the and may be unable to initiate a suit on their own. These parties potentially have the most problem, but I believe more impor- State courts to do the same illicit, abu- to lose in case of fraud, yet this provision tantly that defrauded investors who sive strike suits that you were for- virtually eliminates their ability to recover cannot recover their losses is a greater merly doing in Federal court. their losses. problem, and furthermore the way we H.R. 1689 fails to reinstate liability for sec- Have we taken away any legitimate are superseding long established State ondary wrongdoers who aid and abet securi- laws is a problem as well. rights of people who have been harmed? ties fraud. Despite two opportunities to do so I am concerned like everyone else since the Supreme Court struck down for pri- No. Lawsuits brought on fraud charges that many of these lawsuits are being both in State and Federal courts can vate actions aiding and abetting liability for wrongdoers who assist in perpetrating secu- pursued by a very small number of at- go forward. They simply go forward rities fraud, Congress appears to be on the torneys who are only looking to make under the reforms we passed both on verge of not only failing to reinstate such li- money for themselves at the expense of the Federal law and now conforming ability but extending it to the states. newly emerging high tech firms. These that Federal law to the 50 States. In H.R. 1689 fails to reinstate more a reason- lawsuits can cost a company millions. able statute of limitations for defrauded in- short, this bill perfects the work of the vestors to file a claim. As in the case of aid- The issue needs to be addressed. But 104th Congress in 1995. I urge the pas- ing and abetting, Congress has now had two frankly the issue to this date has been sage of this bill and the end of these opportunities to reinstate a longer, more quite limited. Both proponents and opponents of abusive lawsuits. reasonable statute of limitations for de- frauded investors to bring suit. Many frauds the bill agree that the number of suits Mr. STUPAK. Mr. Speaker, I yield are not discovered within this shortened have actually declined in the last year. myself such time as I may consume. time period, but this bill misses the oppor- I believe we would be setting a dan- tunity to make wronged investors whole by Mr. Speaker, I include for the gerous precedent by going in and bla- not including this provision in H.R. 1689 and tantly preempting State securities RECORD a letter from the Government by extending the existing unreasonably nar- laws, many of which were passed before Finance Officers Association, Munici- row time period in which suits may be the Federal Securities Act of 1933, and pal Treasurers’ Association, National brought to the states. The definition of ‘‘class action’’ contained many of these States which have long Association of Counties, National Asso- in H.R. 1689 is overly broad. We believe that established bodies of blue sky laws and ciation of County Treasurers and Fi- the definition of class action in H.R. 1689 securities cases in their own States. nance Officers, National Association of would allow single suits filed by individual I have significant federalism con- State Retirement Administrators, Na- plaintiffs to be rolled into a larger class ac- cerns about this bill. I think anybody tion that was never contemplated or desired tional Conference of Public Employee by individual plaintiffs and have it removed on either side of the aisle who cares Retirement Systems, and National to federal court. Claims by the bill’s pro- about States rights ought to have sig- League of Cities, all signed this letter ponents that individual plaintiffs would still nificant federalism concerns. This is an in opposition to this legislation. be able to bring suit in federal court are un- issue which is important but it is also dercut by this provision. We believe that no an issue that is limited in its impact to The text of the letter is as follows: showing has been made of the need for a se- date and it is an issue where if we pass curities law definition of class action which legislation today, we will severely re- differs from that of other types of class ac- strict State laws that protect investors tions under the Federal Rules of Civil Proce- dure. and protect small investors most im- There have been few state securities class portantly. For that reason, I urge re- actions filed since the Private Securities jection of this bill. It is premature, and

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6059 we need to find out a way that States tions, this year. So there is no increase STATE BY STATE COMPARISON OF STATUTE OF can pass appropriate laws without hav- in State class action suits. People are LIMITATIONS AND AIDING AND ABETTING LIABILITY ing them be preempted by Federal law. not looking for that as a loophole Aiding and Mr. BLILEY. Mr. Speaker, I yield 1 around the Federal class action law. It Locality Statute of Limitations Abetting minute to the gentlewoman from Cali- is just not happening. Federal ...... 1 year after discovery/3 years from No. fornia (Ms. ESHOO) who has been most In fact, what is happening is the sale. helpful in this legislation. loophole that is being closed is the one Alabama ...... 2 years after discovery of the facts Yes. Alaska ...... 3 years from the contract for sale Yes. Ms. ESHOO. Mr. Speaker, I rise today that the authors of this bill in 1995 told Arizona ...... 2 years after discovery of the facts Yes. in support of this legislation which I Arkansas ...... 5 years after discovery ...... Yes. us would still be open, which is that California ...... 1 year after discovery/4 years from Yes. am very proud to have been the chief they were not going to touch the State sale. Democratic sponsor of, H.R. 1689. This Colorado ...... 3 years after discovery/5 years Yes. securities laws, that we should not from sale. is a narrowly focused bipartisan bill complain, because people can still go Connecticut ...... 1 year after discovery/3 years from Yes. that closes a loophole in the 1995 Pri- sale. to their own home States. Delaware ...... 3 years from the contract for sale Yes. vate Securities Litigation Reform Act That is the loophole. The loophole is D.C...... 2 years from the transaction upon Yes. that allowed for, or created really, a which it is based. that people who do not want ordinary Florida ...... 2 years after discovery/5 years Yes. circumvention to State courts. citizens to be able to ban together in from sale. The migration to State courts is not Georgia ...... 2 years from the transaction upon Yes. order to protect themselves against which it is based. a minor problem. It represents an un- fraud are going to have that final door Hawaii ...... 2 years after discovery/5 years Yes. dermining of the core reforms that this from sale. shut in their face with a much-height- Idaho ...... 3 years from the contract of sale Yes. Congress implemented in 1995 because ened standard, making it much more Illinois ...... 3 years after discovery/5 years Yes. the reform act relied on uniform appli- from sale. difficult than ever before for individ- Indiana ...... 3 years after discovery of the facts Yes. cation and enforcement of the law in Iowa ...... 2 years after discovery/5 years Yes. uals banding together to go in if they from sale. order to be effective. The bill is needed have been defrauded. Kansas ...... 3 years after discovery of the facts Yes. because as long as frivolous strike Kentucky ...... 3 years from the contract for sale Yes. And believe me, when the market suits are threatening high growth com- Louisiana ...... 2 years from the transaction upon Yes. goes up 4,000 or 5,000 points in 3 or 4 which it is based. panies, they will be held hostage. Con- Maine ...... 2 years after discovery of the facts Yes. years, the bad stocks and the fraudu- sumers are hurt because the companies Maryland ...... 1 year after discovery/3 years from Yes. lent stocks go up with the good stocks. sale. will not use the safe harbor provision Massachusetts ... 4 years after discovery ...... Yes. You do not find out which ones were in the 1995 law. Michigan ...... 2 years after discovery/4 years Yes. the fraudulent ones until the market from sale. Mr. Speaker, I have a very limited Minnesota ...... 3 years from the contract for sale Yes. goes down. Believe me, Newton’s law of amount of time, one minute, to try to Mississippi ...... 2 years after discovery of the facts Yes. gravity will take hold here, working in Missouri ...... 3 years from the contract for sale Yes. summarize a year and a half’s work, Montana ...... 2 years after discovery/5 years Yes. combination with Adam Smith in the from sale. and so I want to spend the remaining future. We will find out that that is the Nebraska ...... 3 years from the contract for sale Yes. seconds to thank the gentleman from Nevada ...... 1 year after discovery/5 years from Yes. case. sale. Virginia (Mr. BLILEY), the gentleman New Hampshire .. 6 years from the contract for sale Yes. from Michigan (Mr. DINGELL), the gen- But what do they do? They say, if New Jersey ...... 2 years after discovery of the facts Yes. you find out that you have been de- New Mexico ...... 2 years after discovery/5 years Yes. tleman from Ohio (Mr. OXLEY), the from sale. gentleman from New York (Mr. MAN- frauded, you cannot any longer rely New York ...... 6 years after sale ...... Yes. upon your State’s laws for how much North Carolina ... 2 years after discovery of the facts Yes. TON), the gentleman from Louisiana North Dakota ...... 5 years after discovery of the facts Yes. (Mr. TAUZIN) and the gentleman from time you have. In Massachusetts right Ohio ...... 2 years after discovery/4 years Yes. now, my home State, by the way, there from sale. Massachusetts (Mr. MARKEY). I also Oklahoma ...... 2 years after discovery/3 years Yes. want to thank my very effective part- have only been three class action suits from sale. brought in Massachusetts in the last 3 Oregon ...... 2 years after discovery/3 years Yes. ner the gentleman from Washington from sale. (Mr. WHITE). It has been a pleasure to years. Three in 3 years, none of them Pennsylvania ...... 1 year after discovery/4 years from Yes. sale. work with him and all that have been against high-tech companies. What an Rhode Island ...... 1 year after discovery/3 years from Yes. a part of this. I urge adoption of this epidemic. Three in 3 years. None sale. South Carolina ... 3 years from the contract for sale Yes. legislation. I think the 105th Congress against high-tech companies. South Dakota ..... 2 years after discovery/3 years Yes. will distinguish itself by doing so. There are 65 in California. If they from sale. Tennessee ...... 1 year after discovery/2 years from Yes. Mr. STUPAK. Mr. Speaker, I yield 4 have got a problem in California, go to sale. Sacramento. That is why we have Texas ...... 3 years from discovery/5 years Yes. minutes to the gentleman from Massa- from sale. chusetts (Mr. MARKEY). State legislatures. Devolution, have Utah ...... 2 years after discovery/4 years Yes. you heard about it? It is a big move- from sale. Mr. MARKEY. Mr. Speaker, this is a Vermont ...... 6 years from the contract for sale Yes. terrible bill. I mean really a bad one, a ment in the 1990s. Go to the State leg- Virginia ...... 2 years from the transaction upon Yes. islatures. If you have got a problem, go which it is based. stinker. Write it down, top 10 this year, Washington ...... 3 years after discovery of the facts Yes. Bad Bills. there. West Virginia ..... 3 years from the contract for sale Yes. Wisconsin ...... 3 years after discovery of the facts Yes. When I was reviewing the legislation, We should be voting on this. The as- Wyoming ...... 2 years from the transaction ...... Yes. I was reminded of a poem that I once sembly? The Senate? California? Big learned as a child: debate? Have you heard about it? No, I Mr. BLILEY. Mr. Speaker, how much As I was going up the stair have not. They come to Washington. I time do I have remaining? I met a man who wasn’t there. do not get it. The SPEAKER pro tempore (Mr. He wasn’t there again today; We do not have a problem in Massa- DICKEY). The gentleman from Virginia Oh, how I wish that he’d stay away. chusetts. By the way, none in Pennsyl- (Mr. BLILEY) has 73⁄4 minutes remain- b 2045 vania, Virginia, Louisiana, across most ing. of the country, no suits. What are we Mr. BLILEY. Mr. Speaker, I yield 2 The proponents of this bill would minutes to the gentleman from Califor- have you believe that a man has ap- doing here? We should be in Sac- ramento. It is cooler. It is 95 degrees nia (Mr. COX). peared on the stair in the form of in- Mr. COX of California. Mr. Speaker, I here in Washington. We should be vestors flocking from Federal to State appreciate, too, my colleague’s re- watching the California State legisla- courts pursuing frivolous class action marks. I have not heard that poem for ture in California debating this great suits against honest corporate chief- a while, even though I have little kids tains. crisis. age 5 and 4. But I do think of Little But the fact is that the number of No, there is no man on the stair ex- Red Riding Hood. Do you remember class actions filed in the States is cept for those who are trying to cut when the wolf is licking his chops and lower this year than it was last year. away those rights and privileges that so on? Here, it is not the investors that In fact, it is lower this year than it was for 60 years have been given to all in- the wolf is worried about. The wolf in the year before this Congress passed vestors across this country. wants to eat the investors. their Federal Securities Litigation Re- Mr. Speaker, I include the following The stockholders here are being form Act in 1995. Fewer State class ac- comparison for the RECORD: taken advantage of by lawyers who

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6060 CONGRESSIONAL RECORD — HOUSE July 21, 1998 bring lawsuits for their own benefit, Trial lawyers have sought to get around our December 20, 1995 veto message, he wrote, and that is what the 1995 Private Secu- 1995 reforms by bringing their suits in state and I am quoting: rities Litigation Reform Act was all courts, where those reforms do not apply. Yet I am prepared to support the high pleading about. as our capital markets are national, and thus standard of the U.S. Court of Appeals for the There are a lot of these suits. There investors may live in any of the 50 states, Second Circuit—the highest pleading stand- have been a lot of these suits. Over half bringing a suit in one state unfairly imposes a ard of any Federal circuit court. But the of the top 150 companies in Silicon Val- financial burden on residents of another state. conferees make crystal clear in the State- ment of Managers their intent to raise the ley alone were hit by such suits that To address this inequity and assert that na- standard even beyond that level. I am not were regulated by the 1995 Private Se- tional markets require nationally applied rules, prepared to accept that. The conferees de- curities Regulation Reform Act. this legislation will make federal courts the ex- leted an amendment offered by Senator The enormous price that investors clusive venue for large-scale securities fraud Specter and adopted by the Senate that spe- had to pay in these suits, according to lawsuits involving securities subject to federal cifically incorporated Second Circuit case one study, amounted on average to $9 regulation under the 1996 National Markets law with respect to pleading a claim of fraud. million for each settlement. That Act. Then they specifically indicated that they comes out of the company, out of the Because questions have been raised about were not adopting Second Circuit case law the 1995 Reform Act both in Committee and but instead intended to ‘‘strengthen’’ the ex- investors’ hides. But it goes to the law- isting pleading requirements of the Second yers. The plaintiffs, the supposed bene- in the other body, I would like to take this op- portunityÐas a principal proponent of the Circuit. All this shows that the conferees ficiaries of this system, on average, re- meant to erect a higher barrier to bringing ceived from these $9 million, on aver- ActÐto discuss what Congress did, and did suit than any now existing . .. not, do in 1995. age, settlements between 6 cents and 14 The President correctly described the 1995 cents on the dollar. First, with respect to scienter under the 1934 Act: In Ernst & Ernst v. Hochfelder, the Reform Act's intent though not its effect. It's That is why such a strong bipartisan ironic that he and other Members of his party, majority of the House and the Senate Supreme Court made clear that, as a nec- essary element of a cause of action under having failed to kill reform openly in 1995, now have acted first to bring us the 1995 seek to rewrite the history of the battle they Private Securities Litigation Reform Rule 10b±5, a plaintiff must show that the de- fendant acted with ``scienter,'' which the Court lost. Act and now to bring us this very, very In addition, I want to again highlight a provi- worthy legislation, the White-Eshoo described as ``a mental state embracing intent to deceive, manipulate, or defraud.'' [425 U.S. sion added in the Committee by Chairman BLI- Securities Litigation Uniform Stand- LEY that makes a technical correction to the ards Act of 1998. 185 (1976)] The Court in Hochfelder expressly left open the question whether extreme reck- 1996 Fields bill. This correction restores the I want to join in congratulating my viability of Section 3(a)(10) of the Securities colleagues, the gentleman from Wash- lessness could ever supply this necessary in- tent element, although subsequent judicial de- Act of 1933, which provides a voluntary state- ington (Mr. WHITE) and the gentleman cisions have noted that the language and law alternative to federal securities registra- from California (Ms. ESHOO) for their structure of the Act ``evidenced a purpose to tion. This provisionÐwhich has been an tireless efforts on behalf of this legisla- unamended part of the 1933 Act since the en- tion as well as the gentleman from Vir- proscribe knowing or intentional misconduct.'' [Aaron v. SEC, 680, 691 (1980)] actment of that legislation, exempts from fed- ginia (Mr. BLILEY) and the gentleman Many Members of Congress and of the eral registration securities issued in exchange from Ohio (Mr. OXLEY) for their leader- Conference Committee that considered the for other securities, claims, or property inter- ship in bringing to us this point. Reform Act believed then, and believe today, ests, if the terms and conditions of the In addition, finally, I want to high- that recklessnessÐthe oxymoronic ``uninten- issuance and exchange have been approved light a provision added in the commit- tional fraud''Ðis not an appropriate or work- as fair by state authorities. It is purely vol- tee by the gentleman from Virginia able basis for Rule 10b±5 liability. In practice, untary; issuers may still seek federal registra- (Mr. BLILEY) that gets directly to the it has proven difficult to distinguish from cer- tion if they wish. Although the 1996 Act does point raised by my colleague, the gen- tain forms of negligence, and has resulted in not amend Section 3(a)(10), it inadvertently tleman from Massachusetts (Mr. MAR- little uniformity of treatment among even impeded its operation. I appreciate the Chair- KEY), and that is giving States the op- courts that purport to follow the same standard man's consideration in including a curative portunity themselves to handle the im- of scienter. technical amendment endorsed by the Califor- plementation of their own laws. However, other House and Senate Mem- nia securities regulatory authority in the man- The continued viability of the sec- bers felt differently, and the Act as enacted left ager's amendment. tion 3(a)(10) of the Securities Act of to the courts the determination of the scienter I look forward to the House's passage of 1933 is unwritten in this legislation, as standard on the basis of the pre-existing, this legislation, and I thank the Chairman and well as it should be, and I thank my unamended 1934 Act. I, for one, believe that my colleagues for their tireless efforts on be- colleagues for doing such good and wor- the Supreme Court will ultimately determine half of this legislation. Together we have pro- thy work. that the text, structure, and legislative history tected investors from frivolous lawsuits in the A strong bipartisan majority of the House of the 1934 Act clearly require intentional con- past, and today we shall ensure that this and Senate acted in 1995 to reorient federal duct to impose liability. stands in the future. securities litigation to encourage investors to With respect to the pleading standard in the Mr. STUPAK. Mr. Speaker, I yield 11⁄2 bring meritorious claims while protecting inno- 1995 Act, here again the legislative intent is minutes to the gentleman from Mis- cent employers from meritless extortion suits. quite clear that we intended to codify a plead- sissippi (Mr. TAYLOR). We acted to protect the millions of innocent in- ing standard higher than that of the Second Mr. TAYLOR of Mississippi. Mr. vestors who were bearing the cost of meritless Circuit, and that we did not intend to codify or Speaker, 1995 is a part of Speaker GING- lawsuits while gaining little or no recompense incorporate by reference the Second Circuit's RICH’s Contract With America as Con- for genuine fraud. caselaw interpreting that caselaw. As ex- gress passed a bill that was called the In 1996, strong bipartisan majorities of the plained in the Statement of Managers, ``The Private Securities Litigation Reform House and Senate again turned to the issue Conference Committee language is based in Act. of securities law, this time addressing the ap- part on the pleading standard of the Second The net result of it was that the only propriate division of labor between state and Circuit . . . Because the Conference Commit- way that a person who intentionally federal securities regulators. In that historic bill tee intends to strengthen existing pleading re- defrauded hard working Americans or we determined that ``covered securities''Ðba- quirements, it does not intend the codify the retirees of their pension funds can be sically, those traded on national exchangesÐ Second Circuit's caselaw interpreting this convicted of doing so would be to walk would be subject to federal regulation, while pleading standard.'' And we went on to specifi- into a courtroom and say ‘‘I stole from non-covered securities would be regulated by cally explain that this was the reason why we you.’’ Just a handful of us voted the states. dropped the so-called Specter Amendment on against it. The President vetoed it. Today we are going to continue our work in motive, opportunity, and recklessnessÐbe- Then a handful of us voted against it this field of law by protecting the gains we cause we wanted a standard higher than the again. made in the 1995 Reform Act from circumven- Second Circuit's, not because the Specter lan- Some people who care about working tion by entrepreneurial trial lawyers, and by guage was implicit in our own Act's language. people who do not hang out at the Re- harmonizing the 1995 Reform Act and the The President was certainly quite clear publican National Committee fund- 1996 National Markets legislation. about our Conference Report language: In his raising headquarters or the Democratic

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National Committee fund-raising head- that we should close the courthouse (Ms. ESHOO) for their part in this. We quarters but actually care about work- door to innocent investors who had narrowly avoided a train wreck over ing people have discovered there is still been wronged by scoundrels, rogues the last 2 days because there was an ef- one chance to keep these people from and rascals. They found that there was fort made to insert language into the defrauding working people; and that is a loophole, however. That loophole is committee report that would have if we take them to State court. that, guess what, could investors still made the plight of investors totally Now they want to take even that go to the State courts. But that was hopeless, and I do commend my friend, away because they do not want to pro- exactly what the citizens were told the chairman of the committee and of tect them because there is no big they could do when we passed that ear- the subcommittee, and the bill’s spon- money in it. The big money is in de- lier legislation. sors for blocking that effort. frauding people. Ask Michael Milliken. Now we are closing that loophole and During the hearing before the sub- This is a horrible bill. It hurts people we are going to nail shut the court- committee, the SEC expressed clear that live in my district. It hurts people house doors of the State courts so a concern about District Court cases in- that live in your district. citizen wronged cannot now go to a terpreting the 1995 pleading standards. They count on us to protect them. State court. All 10 Courts of Appeals have consid- They count on us to protect them. The 1995 act imposed extraordinary ered that question and held that reck- They do not have any money. They pleading standards, a stay of discovery lessness gives rise to liability. cannot write us $1,000 checks for our so that special facts necessary to meet I note that the legislative history for campaign. But they count on us to pass those heightened pleading standards H.R. 1689 will not seek to alter the laws that are going to look out for could not be reached, and an unreason- standard of liability under the Ex- them because they are too busy mak- ably short time limit or statute of lim- change Act. ing a living to do it themselves. So if itations for filing a fraud claim, and no you want to defraud them of their pen- ability existed under that law to fully Mr. Speaker, I include copies of im- sion, vote for it. But if you do not, vote recover from professionals such as ac- portant letters from the White House, against it. countants and lawyers who aided and the SEC, the leadership of the Senate Mr. BLILEY. Mr. Speaker, I yield 1 abetted in stealing funds from innocent Banking Committee on this matter, as minute to the gentleman from Califor- investors. follows: nia (Mr. Cox). Those same standards are now ex- THE WHITE HOUSE, Washington, April 28, 1998. Mr. COX of California. Mr. Speaker, I tended to State courts by fiat of the Hon. ALFONSE M. D’AMATO, rise for a colloquy with the gentle- Federal Government. Chairman, Committee on Banking, Housing & woman from California, the principal I am curious why it is my colleagues Urban Affairs, U.S. Senate, Senate Hart Of- Democratic sponsor of H.R. 1689. on the Republican side, who talk about fice Building, Washington, DC. I note that some question was raised States rights, are so diligently impos- Hon. PHIL GRAMM, during consideration of her legislation ing this kind of mandate on investors Chairman, Subcommittee on Securities, U.S. about the 1995 Reform Act’s effect on and upon the States. Senate, Senate Russell Office Building, standards of liability under the Ex- There may be no real ability now, if Washington, DC. change Act. this passes, for innocent investors to Hon. CHRISTOPHER J. DODD, Is it the gentlewoman’s understand- procure the relief that they are enti- Ranking Member, Subcommittee on Securities, ing that, in adopting her legislation tled to, and. The Chairman of the SEC U.S. Senate, Senate Russell Office Building, today, Congress does not intend to wrote that: ‘‘it is too early to assess Washington, DC. alter standards of liability under the with any confidence the important ef- DEAR CHAIRMAN D’AMATO, CHAIRMAN Exchange Act? fects of the Reform Act and, therefore, GRAMM, AND SENATOR DODD: We understand Mr. Speaker, I yield to the gentle- on this basis, it is premature to pro- that you have had productive discussions with the Securities and Exchange Commis- woman from California. pose legislative changes.’’ sion (SEC) about S. 1260, the Securities Liti- Ms. ESHOO. Mr. Speaker, it is my The assessment of what we did in 1995 gation Uniform Standards Act of 1997. The clear understanding that, adopting this is going to take a long time, but it is Administration applauds the constructive legislation, Congress does not intend to very clear that now Federal courts are approach that you have taken to resolve the alter standards of liability under the ruling so restrictively that they SEC’s concerns. Exchange Act. threaten almost all private enforce- We support the amendments to clarify that I would further like to ask the gen- ment. the bill will not preempt certain corporate tleman from California, who was au- The SEC has filed complaints with governance claims and to narrow the defini- thor of the ’95 Reform Act, whether it the courts pointing out in amicus cu- tion of class action. More importantly, we is his understanding that Congress did riae briefs the evils of this situation. are pleased to see your commitment, by let- ter dated March 24, 1998, to Chairman Levitt not, in adopting the Reform Act, in- What are we doing today? Nailing shut and members of the Commission, to restate tend to alter standards of liability the State court doors, and we are fix- in S. 1260’s legislative history, and in the ex- under the Exchange Act? ing it so that no little investor can ex- pected debate on the Senate floor, that the Mr. COX of California. The gentle- pect much relief in State courts any Private Securities Litigation Reform Act of woman is correct. It is my clear under- more than he can in Federal courts. 1995 did not, and was not intended to, alter standing that Congress did not, in We do this at a time when the mar- the scienter standard for securities fraud ac- adopting the Reform Act, intend to ket is at an all time high. We also do tions. alter standards of liability under the it at a time when securities fraud is up, As you know, uncertainty about the im- Exchange Act. way up. The New York Attorney Gen- pact of the Reform Act on the scienter Mr. STUPAK. Mr. Speaker, how eral has reported that investor com- standard was one of the President’s greatest concerns. The legislative history and floor much time do I have remaining? plaints have risen 40 percent per year statements that you have promised the SEC The SPEAKER pro tempore. The gen- in the last 2 years. The U.S. Attorney and will accompany S. 1260 should reduce tleman from Michigan has 51⁄2 minutes in New York City has stated that she confusion in the courts about the proper in- remaining. has witnessed an explosion of securities terpretation of the Reform Act. Since the Mr. STUPAK. Mr. Speaker, I yield 5 fraud; and organized crime has now in- uniform standards provided by S. 1260 will minutes to the gentleman from Michi- filtrated Wall Street. provide that class actions generally can be gan (Mr. DINGELL), the ranking mem- Why then are we passing legislation brought only in federal court, where they ber of the Committee on Commerce. to give immunity baths to wrongdoers will be governed by federal law, it is particu- (Mr. DINGELL asked and was given and also to aiders and abetters? larly important to the President that you be clear that the federal law to be applied in- permission to revise and extend his re- Finally, I note that Members have cludes recklessness as a basis for pleading marks.) not had adequate time to review the and liability in securities fraud class actions. Mr. DINGELL. Mr. Speaker, as Yogi committee report. I want to commend So long as the amendments designed to ad- Berra said, this is deja vu all over my good friend the gentleman from dress the SEC’s concerns are added to the again. In 1995, my Republican col- Virginia (Mr. BLILEY) and the distin- legislation and the appropriate legislative leagues came up with a splendid idea guished gentlewoman from California history and floor statements on the subject

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of legislative intent are included in the legis- up by the Banking Committee. This letter U.S. SECURITIES lative record, the Administration would sup- will present the Commission’s position on AND EXCHANGE COMMISSION, port enactment of S. 1260. the bill and proposed amendments. (We un- Washington, DC, March 24, 1998. Sincerely, derstand that Commissioner Johnson will Hon. ALFONSE M. D’AMATO, BRUCE LINDSEY, write separately to express his differing Chairman, Committee on Banking, Housing & Assistant to the President Urban Affairs, U.S. Senate, Senate Hart Of- views. Commissioner Carey is not participat- and Deputy Counsel. fice Building, Washington, DC. ing.) GENE SPERLING, Hon. PHIL GRAMM, Assistant to the President The purpose of the bill is to help ensure Chairman, Subcommittee on Securities, U.S. for Economic Policy. that securities fraud class actions involving Senate, Senate Russell Office Building, certain securities traded on national mar- Washington, DC. U.S. SENATE, kets are governed by a single set of uniform Hon. CHRISTOPHER J. DODD, Washington, DC, March 24, 1998. standards. While preserving the right of indi- Ranking Member, Subcommittee on Securities, Hon. ARTHUR LEVITT, vidual investors to bring securities lawsuits U.S. Senate, Senate Russell Office Building, Chairman, Securities & Exchange Commission, Washington, DC. Washington, DC. wherever they choose, the bill generally pro- DEAR CHAIRMAN D’AMATO, CHAIRMAN DEAR CHAIRMAN LEVITT AND MEMBERS OF vides that class actions can be brought only GRAMM, AND SENATOR DODD: It is with regret THE COMMISSION: We are writing to request in federal court where they will be governed that I find myself unable to join in the views your views on S. 1260, the Securities Litiga- by federal law. expressed by my esteemed colleagues in tion Uniform Standards Act of 1997. As you As you know, when the Commission testi- their letter of today’s date. For that reason know, our staff has been working closely fied before the Securities Subcommittee of I feel compelled to write separately to ex- with the Commission to resolve a number of press my own differing views. technical issues that more properly focus the the Senate Banking Committee in October 1997, we identified several concerns about S. Consistent with the opinion the Commis- scope of the legislation as introduced. We at- sion and its staff have repeatedly taken, I be- 1260. In particular, we stated that a uniform tach for your review the amendments to the lieve that there has been inadequate time to legislation that we intend to incorporate standard for securities fraud class actions determine the overall effects of the Private into the bill at the Banking Committee that did not permit investors to recover Securities Litigation Reform Act of 1995, and mark-up. losses attributable to reckless misconduct that the proponents of further litigation re- On a separate but related issue, we are would jeopardize the integrity of the securi- form have not demonstrated the need for aware of the Commission’s long-standing ties markets. In light of this profound con- preemption of state remedies or causes of ac- concern with respect to the potential cern, we were gratified by the language in tion at this time. scienter requirements under a national your letter of today agreeing to restate in S. In the last few years, we have experienced standard for litigation. We understand that a sustained bull market virtually unmatched 1260’s legislative history, and in the expected this concern arises out of certain district at any time during this nation’s history. I courts’ interpretation of the Private Securi- debate on the Senate floor, that the Private therefore question the necessity of the dis- ties Litigation Reform Act of 1995. In that Securities Litigation Reform Act of 1995 did placement of state law in favor of a single regard, we emphasize that our clear intent in not, and was not intended to, alter the well- set of uniform federal standards for securi- 1995—and our understanding today—was that recognized and critically important scienter ties class action litigation. The Commission the PSLRA did not in any way alter the standard. is the federal agency charged with protecting scienter standard in federal securities fraud the rights of investors. In my opinion, S. Our October 1997 testimony also pointed suits. It was our intent, as we expressly stat- 1260, the Securities Litigation Uniform ed during the legislative debate in 1995, par- out that S. 1260 could be interpreted to pre- Standards Act of 1997, does not promote in- ticularly during the debate on overriding the empt certain state corporate governance vestors’ rights. I share in the views of 27 of President’s veto, that the PSLRA adopt the claims, a consequence that we believed was this country’s most respected securities and pleading standard applied in the Second Cir- neither intended nor desirable. In addition, corporate law scholars who have urged you cuit. Indeed, the express language of the we expressed concern that S. 1260’s definition and your colleagues not to support S. 1260 or statute itself carefully provides that plain- of class action appeared to be unnecessarily any other legislation that would deny inves- tiffs must ‘‘state with particularity facts broad. We are grateful for your responsive- tors their right to sue for securities fraud giving rise to a strong inference that the de- ness to these concerns and believe that the under state law. fendant acted with the required state of In addition, data amassed by the Commis- amendments you propose to offer at the mind’’; the law makes no attempt to define sion’s staff, compiled in unbiased external the state of mind. We intend to restate these Banking Committee mark-up, as attached to studies, indicate that the number of state se- facts about the ’95 Act in both the legislative your letter, will successfully resolve these curities class actions has declined during the history and the floor debate that will accom- issues. last year to pre-Reform Act levels. Indeed, a pany S. 1260, should it be favorably reported The ongoing dialogue between our staffs report by the National Economic Research by the Banking Committee. has been constructive. The result of this dia- Associates concluded that the number of Sincerely, logue, we believe, is an improved bill with state court filings in 1996 was ‘‘transient.’’ ALFONSE M. D’AMATO, Under these circumstances, S. 1260 seems legislative history that makes clear, by ref- Chairman, Committee on Banking, premature at the least. Housing & Urban Affairs. erence to the legislative debate in 1995, that This country has a distinguished history of PHIL GRAMM, Congress did not alter in any way the reck- concurrent federal and state securities regu- Chairman, Subcommittee on Securities. lessness standard when it enacted the Re- lation that dates back well over 60 years. CHRISTOPHER J. DODD, form Act. This will help to diminish confu- Given that history, as well as the strong fed- Ranking Member, sion in the courts about the proper interpre- eralism concerns that S. 1260 raises, I believe Subcommittee on Securities. tation of that Act and add important assur- that much more conclusive evidence than ances that the uniform standards provided currently exists should be required before U.S. SECURITIES by S. 1260 will contain this vital investor state courthouse doors are closed to small investors through the preclusion of state AND EXCHANGE COMMISSION protection. Washington, DC, March 24, 1998. class actions for securities fraud. Hon. ALFONSE M. D’AMATO, We support enactment of S. 1260 with these Sincerely, Chairman, Committee on Banking, Housing & changes and with this important legislative NORMAN S. JOHNSON, Urban Affairs, U.S. Senate, Senate Hart Of- history. Commissioner. Mr. Speaker, in closing, this is an fice Building Washington, DC. We appreciate the opportunity to comment Hon. PHIL GRAMM, on the legislation, and of course remain com- outrageously bad bill. The Wall Street Chairman, Subcommittee on Securities, U.S. mitted to working with the Committee as S. and our financial markets do not run Senate, Senate Russell Office Building, 1260 moves through the legislative process. on money. They run on public con- Washington, DC. Sincerely, fidence. When you take away the pub- Hon. CHRISTOPHER J. DODD, ARTHUR LEVITT, lic confidence, no one makes money. If Ranking Member, Subcommittee on Securities, Chairman. you allow the people of this country to United States Senate, Senate Russell Office ISSAC C. HUNT, JR., have confidence in their investments Building, Washington, DC. Commissioner. and in the marketplace, the market DEAR CHAIRMAN D’AMATO, CHAIRMAN LAURA S. UNGER, will produce a lot of money for every- GRAMM, AND SENATOR DODD: You have re- Commissioner. quested our views on S. 1260, the Securities one. Litigation Uniform Standards Act of 1997, This bill strikes at one of the most and amendments to the legislation which fundamental rights that the people of you intend to offer when the bill is marked- this country have, the ability to sue to

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6063 protect themselves from wrongdoing not necessarily substantive ones. I tion of that, and, indeed, the loophole and to collect damages from wrong- hope we can work this out with our that the gentleman from Michigan doing and from wrongdoers. I would ob- colleagues as the process moves along. pointed out has been widening as the serve that this bill takes away that Mr. BLILEY. Mr. Speaker, I yield 1 days go by. right. minute to the gentleman from Florida Since passage of that Reform Act, It also attacks public confidence in (Mr. DEUTSCH), a member of the com- however, we have seen a dramatic the securities market, something mittee. change in that securities litigation. which is going to cost this country Mr. DEUTSCH. Mr. Speaker, I want But like a teenager who cleans his dearly. I urge a no vote on the out- to focus in on two issues that my col- room by putting everything under the rageous legislation. leagues raised. The first is that frivo- bed, we have not really eliminated the b 2100 lous lawsuits have a cost. They have a problem, it just moved. In this case it cost for all Americans. They have a moved to the State court. Mr. BLILEY. Mr. Speaker, I yield one cost in access to capital, they have a The shift to State court means that minute to the gentleman from New cost in lack of job creation. investors, employees and the compa- York (Mr. MANTON), the ranking mem- That is what this issue is really nies seeking capital are wasting valu- ber of the subcommittee. about. We have seen it, we have seen an able resources paying off lawyers, who Mr. STUPAK. Mr. Speaker, I yield actual cost. The strike lawsuits that continue to be successful in extracting the balance of my time, 30 seconds, to still exist in this country that found a blackmail settlements from companies the gentleman from New York, in ap- loophole that this legislation is trying who cannot afford to fight even base- preciation for the time the gentleman to correct have a terrible effect on the less securities fraud claims. has served in this House. country, and the only way to prevent it This legislation before us today The SPEAKER pro tempore (Mr. is through this legislation. eliminates the State court loophole by DICKEY). The gentleman from New The second thing I want to respond creating a set of uniform standards for York (Mr. MANTON) is recognized for 11⁄2 to is really some of the comments class action lawsuits and eliminates a minutes. about the number of lawsuits, that it is lot of these fishing expeditions that (Mr. MANTON asked and was given a problem that does not exist. Let me take place as a result. It does this by permission to revise and extend his re- be very clear about this, how you can granting Federal judges the power to marks.) use numbers and sort of play around quash discovery in State actions if that Mr. MANTON. Mr. Speaker, I thank with numbers. discovery conflicts with the order of the gentlemen for yielding me time. In 1992, there were only four State the Federal court. Mr. Speaker, I rise in reluctant sup- cases that were brought on this issue. I want to thank particularly my good port for the legislation before the In 1993 there was one. In 1994 there was friend, the gentleman from Washington House. While I support the underlying one. After we passed the legislation, (Mr. WHITE), as well as the gentle- goals of the measure to bring greater there were 59 in 1995. In 1996, there were woman from California (Ms. ESHOO), uniformity to the rules governing secu- 40. So, yes, there was a decrease be- the lead Democrat sponsor, for their rities fraud class action suits, I am tween 1995 and 1996, but the only reason indefatigable efforts on the part of this concerned that in our rush to bring we saw a 6,000 percent increase over legislation. this bill to the floor for consideration, 1995 levels and 4,000 percent increase I want to thank the chairman of the we are not following the normal legis- over 1995 levels was because of the committee, the gentleman from Vir- lative process. loophole that this legislation needs to ginia (Mr. BLILEY), for leading the Mr. Speaker, this is an important be able to solve. committee to develop and improve this and complicated piece of legislation Mr. Speaker, I urge its support. legislation. which will have far-reaching effects. Mr. BLILEY. Mr. Speaker, I yield the Mr. Chairman, I want to pay particu- The bill requires and deserves appro- balance of my time to the gentleman lar thanks to the gentleman from New priate review by the House. However, from Ohio (Mr. OXLEY), the chairman York (Mr. MANTON), the ranking mem- both proponents and opponents of this of the subcommittee, to close debate ber of my subcommittee, who has been legislation are being denied this oppor- on our side. very helpful in this area. Let me first tunity because we are considering the (Mr. OXLEY asked and was given of all say that we will all miss the gen- legislation under suspension of the permission to revise and extend his re- tleman from New York (Mr. MANTON) rules. marks.) and his good work here, and we hope to I am especially disappointed in the Mr. OXLEY. Mr. Speaker, I rise in have words later for him in honoring process we are following, because it support of this legislation to close the him. But let me say to my friend from will result in a provision I strongly loophole that enables plaintiff’s law- New York that I pledge to work with support and believe brought much- yers to continue to sue for what Judge him as we go to conference on the pro- needed balance to this measure being Friendly called ‘‘blackmail settle- vision that the gentleman had inserted stripped from the bill as part of the ments.’’ Blackmail settlements occur, into this legislation. It is important, motion to suspend. This provision of course, when trial lawyers attempt not only for the State of New York, but would have granted nationwide service to hold up very effective companies for the SEC and for states in general. of process authority to the SEC, thus who have had particular problems with We want to make certain. It is unfortu- providing the Commission a greater their stock and end up spending a great nate because of a jurisdictional dispute ability to prosecute cases involving se- deal of money that could be used for that we had this. curities fraud. more useful purposes, like research and This is good legislation that closes a Mr. Speaker, while we look at ways development and creating jobs, aiding major loophole. I am proud of the bi- to create national uniform standards economic expansion. And who pays for partisan support that this bill has en- for securities fraud litigation, we that? Really investors do. The compa- gendered. should also certainly look at ways to ny’s shareholders and employees lose Ms. ESHOO. Mr. Speaker, I ask unan- give State and Federal securities regu- every time that the company has to imous consent to extend the debate by lators the means necessary to seek out pay off a passel of lawyers just to set- 2 minutes. and stop dishonest operators that per- tle a case based on nothing other than The SPEAKER pro tempore. Is there petuate securities fraud across State one fact, that the company’s stock objection to the request of the gentle- lines. My language, a provision which dropped in value, along with some woman from California? was part of an overall agreement, a vague nonspecific and baseless allega- Mr. DINGELL. Mr. Speaker, reserv- compromise, if you will, to move this tions of fraud. ing the right to object, how is the time legislation forward, would have ad- The Private Securities Litigation Re- to be divided and why we are doing dressed this very issue. form Act put into place protections this? Mr. Speaker, I understand that the against these types of claims, and, in- The SPEAKER pro tempore. The decision to strike this provision rests deed, what we have seen over the last Chair recognizes that there is an equal primarily on jurisdictional grounds, several months has been a deteriora- division of the time, 1 minute on either

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6064 CONGRESSIONAL RECORD — HOUSE July 21, 1998 side. The gentlewoman from California The Reform Act did not alter the REPORT ON DEVELOPMENTS CON- (Ms. ESHOO) will control 1 minute, and standard for liability under the Ex- CERNING NATIONAL EMERGENCY the gentleman from California (Mr. change Act. The question was expressly WITH RESPECT TO TERRORISTS COX) will control 1 minute. left open by the Reform Act for resolu- THREATENING TO DISRUPT MID- f tion by the Supreme Court on the basis DLE EAST PEACE PROCESS— PARLIAMENTARY INQUIRIES of the statutory language of the Ex- MESSAGE FROM THE PRESIDENT Mr. DINGELL. Mr. Speaker, I have a change Act. OF THE UNITED STATES parliamentary inquiry. The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The gen- time of the gentlewoman from Califor- fore the House the following message tleman will state it. nia (Ms. Eshoo) has expired. from the President of the United Mr. DINGELL. Mr. Speaker, the gen- The gentleman from California (Mr. States; which was read and, without tleman from California (Mr. COX) is for Cox) is recognized for 1 minute. objection, referred to the Committee the bill and the gentlewoman from Mr. COX of California. Mr. Speaker, I on International Relations and ordered California (Ms. ESHOO) is for the bill. yield myself such time as I may con- to be printed: They are going to share the time equal- sume. To the Congress of the United States: ly, half the time over there and half Mr. Speaker, Mr. Speaker, I will just I hereby report to the Congress on the time to the supporters on this side? ask the gentlewoman from California the developments concerning the na- I am curious, is that a fair ruling? (Ms. Eshoo), if that is her understand- tional emergency with respect to ter- The SPEAKER pro tempore. The rorists who threaten to disrupt the Chair heard no objection to the unani- ing as well? Ms. ESHOO. Mr. Speaker, will the Middle East peace process that was de- mous consent request. clared in Executive Order 12947 of Jan- Mr. STUPAK. Mr. Speaker, I have a gentleman yield? uary 23, 1995. This report is submitted parliamentary inquiry. Mr. COX of California. I yield to the pursuant to section 401(c) of the Na- The SPEAKER pro tempore. The gen- gentlewoman from California. tional Emergencies Act, 50 U.S.C. tleman will state it. Ms. ESHOO. Mr. Speaker, that is my 1641(c), and section 204(c) of the Inter- Mr. STUPAK. Mr. Speaker, it is my understanding. I thank everyone con- national Emergency Economic Powers understanding that the proponents of cerned for the additional time in the Act (IEEPA), 50 U.S.C. 1703(c). the bill would like to insert a state- debate. This is important language 1. On January 23, 1995, I signed Exec- ment to put in as an addition to the de- supported by certainly the Chairman of utive Order 12947, ‘‘Prohibiting Trans- bate. Instead of taking up 2 minutes, the Securities and Exchange Commis- actions with Terrorists Who Threaten can we just do it by unanimous con- sion, and I think it will serve the To Disrupt the Middle East Peace sent? That way we do not have to House well. Process’’ (the ‘‘Order’’) (60 Fed. Reg. worry about division of time. Mr. DAVIS of Florida. Mr. Speaker, as a co- The SPEAKER pro tempore. Col- 5079, January 25, 1995). The Order sponsor of this legislation, I rise in strong sup- loquy must be spoken and not inserted blocks all property subject to U.S. ju- port of H.R. 1689, the Securities Litigation Uni- in the record. risdiction in which there is any inter- form Standards Act. This bipartisan initiative is Mr. DINGELL. Mr. Speaker, I with- est of 12 terrorist organizations that narrowly tailored to address a problem which draw my reservation of objection. threaten the Middle East peace process The SPEAKER pro tempore. Is there has arisen since enactment of the 1995 Pri- as identified in an Annex to the Order. objection to the request of the gentle- vate Securities Litigation Reform Act. While The Order also blocks the property and woman from California? the 1995 Act was designed to help end interests in property subject to U.S. ju- There was no objection. abuses in Federal securities class actions, risdiction of persons designated by the The SPEAKER pro tempore. The gen- these reforms have been subverted through Secretary of State, in coordination tlewoman from California (Ms. ESHOO) the use of State courts, undermining the po- with the Secretary of the Treasury and is recognized for 1 minute. tential benefits to investors, consumers, work- the Attorney General, who are found Ms. ESHOO. Mr. Speaker, I yield my- ers, and the overall economy. (1) to have committed, or to pose a sig- self 1 minute, and would ask the gen- This bill prevents plaintiffs from circumvent- nificant risk of committing, acts of vi- tleman from California (Mr. COX) to ing the reforms enacted in 1995 by creating a olence that have the purpose or effect begin the colloquy. uniform standard for class action lawsuits in- of disrupting the Middle East peace Mr. COX of California. Mr. Speaker, volving nationally traded securities. The prin- process, or (2) to assist in, sponsor, or will the gentlewoman yield? ciple behind this legislation is simple. Nation- provide financial, material, or techno- Ms. ESHOO. I yield to the gentleman ally traded securities, which are primarily regu- logical support for, or services in sup- from California. lated by the Federal Government, should be port of, such acts of violence. In addi- Mr. COX of California. Mr. Speaker, I subject to Federal securities law. By establish- tion, the Order blocks all property and thank my colleague from California, ing fair and consistent rules, Congress not interests in property subject to U.S. ju- the coauthor of the bill, for yielding. only will protect companies from abuses in risdiction in which there is any inter- Mr. Speaker, earlier on the floor we class action lawsuits but also will improve the est of persons determined by the Sec- had discussed our understanding, our climate for greater forward-looking disclosures retary of the Treasury, in coordination clear understanding, that Congress did for investors. with the Secretary of State and the At- not, in adopting the Reform Act, in- Mr. Speaker, I urge all of my colleagues to torney General, to be owned or con- tend to alter standards of liability support this common-sense legislation and re- trolled by, or to act for or on behalf of, under the Exchange Act. I would add, inforce the reforms that Congress passed by any other person designated pursuant and I believe the gentlewoman is in an overwhelming majority in 1995. to the Order (collectively ‘‘Specially agreement, that in Ernst and Ernst v. The SPEAKER pro tempore. The Designated Terrorists’’ or ‘‘SDTs’’). Hochfelder, the Supreme Court left question is on the motion offered by The Order further prohibits any open the question of whether conduct the gentleman from Virginia (Mr. BLI- transaction or dealing by a United that was not intentional was sufficient LEY) that the House suspend the rules States person or within the United for liability under the Federal securi- and pass the bill, H.R. 1689, as amend- States in property or interests in prop- ties laws. The Supreme Court has never ed. erty of SDTs, including the making or answered that question. The court ex- receiving of any contribution of funds, The question was taken. pressly reserved the question of wheth- goods, or services to or for the benefit er reckless behavior is sufficient for Mr. STUPAK. Mr. Speaker, on that I of such persons. This prohibition in- civil liability under section 10(b) and demand the yeas and nays. cludes donations that are intended to Rule 10b-5 in a subsequent case, Her- The yeas and nays were ordered. relieve human suffering. man & Maclean v. Huddleston, where it The SPEAKER pro tempore. Pursu- Designations of persons blocked pur- stated, ‘‘We have explicitly left open ant to clause 5, rule I, and the Chair’s suant to the Order are effective upon the question of whether recklessness prior announcement, further proceed- the date of determination by the Sec- satisfies of the scienter requirement.’’ ings on this motion will be postponed. retary of State or her delegate, or the

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6065 Director of the Office of Foreign Assets members, the employment and pay- STARR’S CANDOR IN PLEDGING Control (OFAC) acting under authority ment of salary and educational ex- NOT TO LEAD INVESTIGATIVE delegated by the Secretary of the penses, payment for secure storage of INFORMATION IS CALLED INTO Treasury. Public notice of blocking is tangible assets, and payment of certain QUESTION effective upon the date of filing with administrative transactions, to or for The SPEAKER pro tempore. Under a the Federal Register, or upon prior ac- individuals designated pursuant to Ex- previous order of the House, the gen- tual notice. ecutive Order 12947. tleman from Michigan (Mr. CONYERS) is Because terrorist activities continue 5. The expenses incurred by the Fed- recognized for 5 minutes. to threaten the Middle East peace proc- eral Government in the 6-month period Mr. CONYERS. Mr. Speaker, according to ess and vital interests of the United from January 23 through July 22, 1998, media reports, a hearing was held this morn- States in the Middle East, on January that are directly attributable to the ing on the issue of leaks by the Office of Inde- 21, 1998, I continued for another year exercise of powers and authorities con- pendent Counsel Kenneth Starr. the national emergency declared on ferred by the declaration of the na- The issue of leaks by the Independent January 23, 1995, and the measures that tional emergency with respect to orga- Counsel and his staff is not new. Last month, took effect on January 24, 1995, to deal nizations that disrupt the Middle East Mr. Starr acknowledged in an interview that he with that emergency. This action was Peace process, are estimated at ap- has talked to reporters on an ``off the record taken in accordance with section 202(d) proximately $165,000. These data do not basis,'' and that his chief deputy, Mr. Jackie of the National Emergencies Act (50 reflect certain costs of operations by Bennet, Jr., spends much of this time talking U.S.C. 1622(d)). the intelligence and law enforcement to the media. 2. On January 25, 1995, the Depart- communities. The Independent Counsel argues that there ment of the Treasury issued a notice 6. Executive Order 12947 provides this is nothing improper about his contacts with the listing persons blocked pursuant to Ex- Administration with a tool for combat- media because he did not disclose any infor- ecutive Order 12947 who have been des- ing fundraising in this country on be- mation coming directly from the grand jury. ignated by the President as terrorist half of organizations that use terror to According to him, there is nothing wrong with organizations threatening the Middle undermine the Middle East peace proc- talking to the press about his investigation so East peace process or who have been ess. The Order makes it harder for such long as the information he reveals has not yet found to be owned or controlled by, or groups to finance these criminal activi- come before the grand jury. I find that overly to be acting for or on behalf of, these ties by cutting off their access to technical distinction to be unpersuasive. terrorist organizations (60 Fed. Reg. sources of support in the United States 5084, January 25, 1995). The notice iden- and to U.S. financial facilities. It is In the past, Mr. Starr has flatly denied leak- tified 31 entities that act for or on be- also intended to reach charitable con- ing to the press. In fact, his earlier public half of the 12 Middle East terrorist or- tributions to designated organizations statements took a hard line on the issue. He ganizations listed in the Annex to Ex- and individuals to preclude diversion of has said the following about the release of ecutive Order 12947, as well as 18 indi- such donations to terrorist activities. confidential information by his office: viduals who are leaders or representa- Executive Order 12947 demonstrates ``The release of any investigative information tives of these groups. In addition, the the determination of the United States by a member of this office or any other law notice provided 9 name variations or to confront and combat those who enforcement agency would constitute a seri- pseudonyms used by the 18 individuals would seek to destroy the Middle East ous breach of confidentiality.'' Ken Starr, identified. The list identifies blocked peace process, and our commitment to Washington Times, April 30, 1996. persons who have been found to have the global fight against terrorism. I ``Consistent with its historical practice, the committed, or to pose a significant shall continue to exercise the powers Department of Justice does not ordinarily dis- risk of committing, acts of violence at my disposal to apply economic sanc- close the evidence gathered during an inves- that have the purpose or effect of dis- tions against extremists seeking to de- tigation except through the mechanism of in- rupting the Middle East peace process stroy the hopes of peaceful coexistence dictment and trial. See 28 CFR § 50.2.'' An- or to have assisted in, sponsored, or between Arabs and Israelis as long as nual Status Report to Congress By The Office provided financial, material or techno- these measures are appropriate, and of Independent Counsel Kenneth W. Starr, p. logical support for, or services in sup- will continue to report periodically to 13 (Aug. 9, 1997). port of, such acts of violence, or are the Congress on significant develop- ``[A]n independent counsel `shall, except to owned or controlled by, or act for or on ments pursuant to 50 U.S.C. 1703(c). the extent that to do so would be inconsistent behalf of other blocked persons. The WILLIAM J. CLINTON. with the purposes of the statute, comply with Department of the Treasury issued THE WHITE HOUSE, July 21, 1998. the written or other established policies of the three additional notices adding the f Department of Justice respecting enforcement names of three individuals, as well as of the criminal laws.' 28 U.S.C. § 594(f)(1).'' b their pseudonyms, to the list of SDTs 2115 Annual Status Report to Congress By The Of- (60 Fed. Reg. 41152, August 11, 1995; 60 SPECIAL ORDERS fice of Independent Counsel Kenneth W. Starr, p. 13 (Aug. 9, 1997). Fed. Reg. 44932, August 29, 1995; and 60 The SPEAKER pro tempore (Mr. Fed. Reg. 58435, November 27, 1995). ``As much as I understand the questions DICKEY). Under the Speaker’s an- 3. On February 2, 1996, OFAC issued that you have, I am operating under con- nounced policy of January 7, 1997, and the Terrorism Sanctions Regulations straints of confidentiality. It is simply inappro- under a previous order of the House, (the ‘‘TSRs’’ or the ‘‘Regulations’’) (61 priate, it's simply improper for me to be ad- the following Members will be recog- Fed. Reg. 3805, February 2, 1996). The dressing questions in the course of an inves- nized for 5 minutes each. TSRs implement the President’s dec- tigation.'' Ken Starr Press Conference, Jan. f laration of a national emergency and 22, 1998. imposition of sanctions against certain The SPEAKER pro tempore. Under a ``I'm not going to comment on the status of persons whose acts of violence have the previous order of the House, the gen- our negotiations [with Ms. Lewinsky's lawyers]. purpose or effect of disrupting the Mid- tleman from Minnesota (Mr. RAMSTAD) That again, if you ask specific facts, Linda, dle East peace process. There have been is recognized for 5 minutes. which you're entitled to do, I just hope you un- no amendments to the TSRs, 31 C.F.R. (Mr. RAMSTAD addressed the House. derstand, especially when you ask a kind of Part 595, administered by the Office of His remarks will appear hereafter in question about the status of someone who Foreign Assets Control of the Depart- the Extensions of Remarks.) might be a witness, that goes to the heart of ment of the Treasury, since my report f the grand jury process.'' Ken Starr Press Con- of January 28, 1998. The SPEAKER pro tempore. Under a ference, Feb. 5, 1998. 4. Since January 25, 1995, OFAC has previous order of the House, the gen- The obligation of laws, I cannot answer issued six licenses pursuant to the Reg- tleman from Indiana (Mr. SOUDER) is some of the questions that you understand- ulations. These licenses authorize pay- recognized for 5 minutes. ably have. I'm sympathetic with that. But I am ment of legal expenses and the dis- (Mr. SOUDER addressed the House. under a legal obligation not to talk about facts bursement of funds for normal expendi- His remarks will appear hereafter in going before the grand jury. Ken Starr Press tures for the maintenance of family the Extensions of Remarks.) Conference, Feb. 5, 1998.

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00107 Fmt 4634 Sfmt 9920 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6066 CONGRESSIONAL RECORD — HOUSE July 21, 1998 I believe in having testimony and evidence tleman from Maryland (Mr. HOYER) is comes in and says, you are denied serv- put before 23 men and women drawn at ran- recognized for 5 minutes. ice. There is no one who closes the door dom. That's our system. That is government (Mr. HOYER addressed the House. His to an injured loved one when one comes by the people. It's not government by prosecu- remarks will appear hereafter in the to the emergency room. There is no tors. It's putting evidence before a grand jury. Extensions of Remarks.) one who says to you that this service is That is our system. It's a sound system. It's f not going to be paid for. So many tragedies have occurred be- centuries old. It was ordained at the founding The SPEAKER pro tempore. Under a cause HMOs have taken upon them- of the American republic. Part of that is, guard previous order of the House, the gentle- selves to emphasize business decisions the confidentiality of that. Ken Starr Press woman from California (Mrs. Conference, Feb. 5, 1998. and cost decisions which certainly have TAUSCHER) is recognized for 5 minutes. ``In my service as Independent Counsel, merit for more efficient medical care, (Mrs. TAUSCHER addressed the particularly with regard to the secrecy of the but they have decided to do that over House. Her remarks will appear here- grand jury, I have insisted on a high commit- the needs of those who need the kind of after in the Extensions of Remarks.) ment to professional conduct. I have ex- care that is important in America. pressed this commitment to you repeatedly. f We have had women who have been From the beginning, I have made the prohibi- The SPEAKER pro tempore. Under a denied the use of an OB-GYN as a pri- tion of leaks a principal priority of the Office. previous order of the House, the gentle- mary caretaker. We have had people It is a firing offense, as well as one that leads woman from North Carolina (Mrs. who have been turned away from the to criminal prosecution. In the case of each al- CLAYTON) is recognized for 5 minutes. emergency rooms. We have had doctors legation of improper disclosure, we have thor- (Mrs. CLAYTON addressed the House. who have been intimidated by bureau- oughly investigated the facts and reminded the Her remarks will appear hereafter in crats in some other State saying, no, staff that leaks are utterly intolerable.'' Letter the Extensions of Remarks.) that service is denied. We have had from Ken Starr to David Kendall, February 6, f those doctors and nurses who want to give real quality care being refused the 1998, at p.1. The SPEAKER pro tempore. Under a ability to serve their respective pa- ``In light of the unclear press attributions in previous order of the House, the gentle- some examples cited in your letter, I have un- tients, and then we have had a very woman from New York (Mrs. MALONEY) funny system: Well, if you do not like dertaken an investigation to determine wheth- is recognized for 5 minutes. what the HMOs have done, why do you er, despite my persistent admonitions, some- (Mrs. MALONEY addressed the not just appeal? Mr. Speaker, 2 weeks one in this Office may be culpable. I have no House. Her remarks will appear here- at a time to take an appeal. The Pa- factual basisÐas you likewise of not haveÐ after in the Extensions of Remarks.) even to suspect anyone at this juncture.'' Let- tients’ Bill of Rights gives a little ter from Ken Starr to David Kendall, February f extra clout to the patient. Mr. Speaker, we stand on the side of 6, 1998, at p.1. PATIENTS’ BILL OF RIGHTS Mr. Starr's earlier statements to the public those who are intimidated and who are appear inconsistent with his more recent ad- The SPEAKER pro tempore. Under a denied the service by giving them the mission that he and his deputy routinely talk to previous order of the House, the gentle- ability to sue the HMOs. Is that the an- the press. The changing positions he has woman from Texas (Ms. JACKSON-LEE chor of our legislation? Absolutely not. taken raise questions about whether he has of Texas) is recognized for 5 minutes. But we do recognize that the health been fully candid about the extent of his deal- Ms. JACKSON-LEE of Texas. Mr. care in America is broken and it needs ings with the media. Speaker, there are times when issues to be fixed. impacting this country and the con- Let me suggest to my colleagues COMMUNICATION FROM THE cerns of Americans and the concerns of why, because today Democrats took a CHAIRMAN OF THE COMMITTEE our constituents, in this instance, my real bold step and listened to those in- ON THE BUDGET REGARDING RE- constituents in Houston and those in dividuals who wanted to tell us what VISIONS TO THE ALLOCATION Texas, really grab hold of us. Frankly, had happened to them with HMOs. FOR THE HOUSE COMMITTEE ON I think the debate that we will have Sharon Crossley of Wallingford, Con- APPROPRIATIONS PURSUANT TO this week on the question of the Pa- necticut. In 1997, Sharon was diagnosed SECTION 2 OF THE HOUSE RESO- tients’ Bill of Rights is one that really with breast cancer. Four days before LUTION 477 goes directly to the heart of the mat- her surgery was scheduled, the HMO The Speaker pro tempore under a ter. Frankly, it is no issue to take medical review doctor denied that sur- previous order of the House, the gen- lightly; it is no issue to take frivolous gery. After making countless calls to tleman from Ohio, Mr. KASICH, is rec- sides, to be partisan and to not come to her HMO, she was told by a customer ognized for 5 minutes. a resolution. It is a very serious discus- service agent that if she did not agree Mr. KASICH. Mr. Speaker, pursuant to Sec. sion. with her medical review doctor’s deci- 314 of the Congressional Budget Act, I hereby Mr. Speaker, I am saddened by the sion, she could follow the internal writ- submit for printing in the Congressional fact that we have now thrown the ten appeals procedure. HMO members Record revisions to the allocation for the gauntlet down on the Republican legis- were not allowed to speak to the medi- House Committee on Appropriations pursuant lation and the Patients’ Bill of Rights. cal review doctor. Time was running to section 2 of House Resolution 477 to reflect I say Republicans over here, and the out. Sharon was 3 weeks into biopsy, $475,000,000 in additional new budget author- Patients’ Bill of Rights, because that and after a biopsy is performed, there ity and $475,000,000 in outlays for fiscal year legislation truly represents what the is only a 3 or 4 week window to take 1999. American people want. It is disappoint- the next course of action. Sharon con- As reported by the House Committee on ing to me that this House would rise to tacted a local Member of Congress who Appropriations, H.R. 4276, a bill making ap- do something as important as answer- got her the surgery. propriations for Departments of Commerce, ing the concerns of so many Americans In 1989 Florence and Wayne Cocoran Justice, and State, the Judiciary and Related about the abuses of HMOs and to de- tragically lost their baby boy when Agencies Appropriations Bill for Fiscal Year sign legislation with absolutely no Florence’s managed care plan denied 1999, includes $475,000,000 in budget author- hearings. I am very gratified today, hospitalization over her obstetrician’s ity and $475,000,000 in outlays for inter- however, that Democrats saw fit to objections during her eighth month of national arrearages. hold hearings so that testimony could high-risk pregnancy. Florence was These adjustments shall apply while the leg- be heard in this Congress on the trag- faced with a high-risk pregnancy; her islation is under consideration and shall take edy of some of the abuses of HMOs. obstetrician ordered her hospitalized, effect upon final enactment. I think it is important to emphasize as she had been successfully in a pre- Questions may be directed to Art Sauer or the positive, and that is that the Pa- vious high-risk pregnancy, which re- Jim Bates at x6±7270. tients’ Bill of Rights is centered sulted in a healthy baby, yet her man- f around a major concept, and that is the aged care company overruled her doc- The SPEAKER pro tempore. Under a sanctity of the patient-physician rela- tor and denied the hospitalization, previous order of the House, the gen- tionship. So there is no intervener who even though they had a second opinion

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6067

agreeing with the doctor’s advice. In- Mrs. EMERSON. committee had examined and found stead, Cocoran’s insurer ordered home Mr. HANSEN. truly enrolled bills of the House of the nursing for only 10 hours each day. Mr. SAXTON. following titles, which were thereupon During the last month of Cocoran’s Mr. WHITE. signed by the Speaker: pregnancy, when no nurse was on duty, Mr. SHAW. H.R. 1439. An act to facilitate the sale of the baby went into distress and the Mr. SMITH of New Jersey. certain land in Tahoe National Forest in the baby died. Mrs. MORELLA. State of Colorado to Placer County, Califor- The Republican plan leaves out 100 Mr. BASS. nia. H.R. 1460. An act to allow for the election million Americans who need medical Mr. WALSH. of the Delegate from Guam by other than insurance and medical coverage. f separate ballot, and for other purposes. Mr. Speaker, I simply say, let us pass CORRECTION OF CONGRESSIONAL H.R. 1779. An act to make a minor adjust- a real Bill of Rights for the patients of ment in the exterior boundary of the Devils America. Let us stand with those who RECORD OF JULY 17, 1998, PAGE Backbone Wilderness in the Mark Twain Na- count: Caretakers and patients and H5954 tional Forest, Missouri, to exclude a small Americans. parcel of land containing improvements. H.R. 2165. An act to extend the deadline f SENATE BILLS REFERRED under the Federal Power Act applicable to LEAVE OF ABSENCE Bills of the Senate of the following the construction of FERC Project Number 3862 in the State of Iowa, and for other pur- By unanimous consent, leave of ab- titles were taken from the Speaker’s poses. sence was granted to: table and, under the rule, referred as H.R. 2217. An act to extend the deadline follows: Mr. BILIRAKIS (at the request of Mr. under the Federal Power Act applicable to the construction of FERC Project Number ARMEY) until 2:30 p.m. today on ac- S. 1418. An act to promote the research, 9248 in the State of Colorado, and for other count of illness. identification, assessment, exploration, and development of methane hydrate resources, purposes. Mr. FORD (at the request of Mr. GEP- and for other purposes; to the Committee on H.R. 2841. An act to extend the time re- HARDT) for Tuesday, July 21, on ac- Science, and in addition, to the Committee quired for the construction of a hydro- count of personal business. on National Security, for a period to be sub- electric project. f sequently determined by the Speaker, in H.R. 2676. An act to amend the Internal each case for consideration of such provi- Revenue Code of 1986 to restructure and re- SPECIAL ORDERS GRANTED sions as fall within the jurisdiction of the form the Internal Revenue Service, and for other purposes. By unanimous consent, permission to committee concerned. S. 638. An act to provide for the expedi- f address the House, following the legis- tions completion of the acquisition of pri- lative program and any special orders vate mineral interests within the Mount St. SENATE ENROLLED BILL SIGNED heretofore entered, was granted to: Helens National volcanic Monument man- The SPEAKER announced his signa- (The following Members (at the re- dated by the 1982 Act that established the ture to an enrolled bill of the Senate of quest of Ms. DEGETTE) to revise and ex- Monument, and for other purposes; to the the following title: Committee on Science. tend their remarks and include extra- S. 2316. An act to require the Secretary of S. 1069. An act entitled the ‘‘National Dis- neous material:) Energy to submit to Congress a plan to en- covery Trails Act of 1997; to the Committee Mr. FILNER, for 5 minutes, today. sure that all amounts accrued on the books on Science. of the United States Enrichment Corpora- Mr. CONYERS, for 5 minutes, today. S. 1132. An act to modify the boundaries of tion for the disposition of depleted uranium Mr. HOYER, for 5 minutes, today. the Bandelier National Monument to include hexafluoride will be used to treat and recycle Mrs. TAUSCHER, for 5 minutes, today. the lands within the headwaters of the Upper depleted uranium hexafluoride. Ms. JACKSON-LEE of Texas, for 5 min- Alamo Watershed which drain into the utes, today. Monument and which are not currently with- f Mrs. CLAYTON, for 5 minutes, today. in the jurisdiction of a Federal land manage- ADJOURNMENT ment agency, to authorize purchase or dona- Mrs. MALONEY of New York, for 5 Mrs. JACKSON-LEE of Texas. Mr. minutes, today. tion of those lands, and for other purposes; to the Committee on Science. Speaker, I move that the House do now (The following Members (at the re- S. 1403. An act to amend the National His- adjourn. quest of Mr. OXLEY) to revise and ex- toric Preservation Act for purposes of estab- The motion was agreed to; accord- tend their remarks and include extra- lishing a national historic lighthouse preser- ingly (at 9 o’clock and 23 minutes neous material:) vation program; to the Committee on p.m.), the House adjourned until to- Mr. RAMSTAD, for 5 minutes, today. Science. morrow, Wednesday, July 22, 1998, at 10 S. 1510. An act to direct the Secretary of Mr. SOUDER, for 5 minutes, today. a.m. Mr. KASICH, for 5 minutes, today. the Interior and the Secretary of Agriculture to convey certain lands to the county of Rio f f Arriba, New Mexico; to the Committee on EXECUTIVE COMMUNICATIONS, Science. EXTENSION OF REMARKS S. 1695. An act to authorize the Secretary ETC. By unanimous consent, permission to of the Interior to study the suitability and Under clause 2 of rule XXIV, execu- revise and extend remarks was granted feasibility of designating the Sand Creek tive communications were taken from to: Massacre National historic Site in the State the Speaker’s table and referred as fol- (The following Members (at the re- of Colorado as a unit of the National Park lows: System, and for other purposes; to the Com- quest of Ms. DEGETTE) and to include mittee on Science. 10102. A letter from the Congressional Re- extraneous material:) S. 1807. An act to transfer administrative view Coordinator, Department of Agri- Mr. BERMAN. jurisdiction over certain parcels of public do- culture, transmitting the Department’s final Ms. LEE. main land in Lake County, Oregon, to facili- rule—Brucellosis in Cattle; State and Area Classifications; Louisiana [Docket No. 98– Mr. KIND. tate management of the land, and for other purposes; to the Committee on Science. 068–1] received June 29, 1998, pursuant to 5 Mr. SANDERS. U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. SKELTON. S. Con. Res. 105. Concurrent Resolution ex- pressing the sense of the Congress regarding riculture. Mr. ROTHMAN. the culpability of Slobodan Milosevic for war 10103. A letter from the Director, Office of Mr. CONYERS. crimes, crimes against humanity, and geno- Regulatory Management and Information, Mr. BERRY. cide in the former Yogoslavia, and for other Environmental Protection Agency, transmit- (The following Members (at the re- purposes; to the Committee on International ting the Agency’s final rule—Bifenthrin; Pes- quest of Mr. OXLEY) and to include ex- Relations. ticide Tolerances for Emergency Exemptions traneous material:) [OPP–300677; FRL–5797–7] (RIN: 2070–AB78) re- f ceived July 6, 1998, pursuant to 5 U.S.C. Mr. CUNNINGHAM. ENROLLED BILLS SIGNED 801(a)(1)(A); to the Committee on Agri- Mr. PAUL. culture. Mr. FRANKS of New Jersey. Mr. THOMAS, from the Committee 10104. A letter from the Director, Office of Mr. RADANOVICH. on House Oversight, reported that that Regulatory Management and Information,

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 H6068 CONGRESSIONAL RECORD — HOUSE July 21, 1998 Environmental Protection Agency, transmit- Corporation Amendment Act of 1998’’ re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Agency’s final rule—Gliocladium ceived July 2, 1998, pursuant to D.C. Code mittee on Transportation and Infrastruc- Catenulatum Strain J1446; Exemption from section 1—233(c)(1); to the Committee on ture. the Requirement of a Tolerance [OPP–300665; Government Reform and Oversight. 10124. A letter from the General Counsel, FRL–5794–3] (RIN: 2070–AB78) received July 6, 10114. A letter from the Chairman, Council Department of Transportation, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the District of Columbia, transmitting a the Department’s final rule—Modification of Committee on Agriculture. copy of D.C. ACT 12–382, ‘‘Official Dinosaur Class E Airspace; Fort Atkinson, WI [Air- 10105. A letter from the Director, Office of Act of 1998,’’ pursuant to D.C. Code section space Docket No. 98–AGL–23] received June Regulatory Management and Information, 1—233(c)(1); to the Committee on Govern- 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Environmental Protection Agency, transmit- ment Reform and Oversight. the Committee on Transportation and Infra- ting the Agency’s final rule—Myclobutanil; 10115. A letter from the Acting Director, structure. Pesticide Tolerances for Emergency Exemp- Office of Sustainable Fisheries, National 10125. A letter from the General Counsel, tions [OPP–300678; FRL–5798–6] (RIN: 2070– Oceanic and Atmospheric Administration, Department of Transportation, transmitting AB78) received July 6, 1998, pursuant to 5 transmitting the Administration’s final the Department’s final rule—Amendment of U.S.C. 801(a)(1)(A); to the Committee on Ag- rule—Pacific Halibut Fisheries; Washington Class E Airspace; Roxboro, NC [Airspace riculture. Sport Fishery [Docket No. 980225048–8059–02; Docket No. 98–ASO–5] received June 29, 1998, 10106. A letter from the Chairman and I.D. 062398A] received July 6, 1998, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Chief Executive Officer, Farm Credit Admin- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- istration, transmitting the Administration’s Resources. ture. rule—Organization; Loan Policies and Oper- 10116. A letter from the General Counsel, 10126. A letter from the General Counsel, ations; Disclosure to Shareholders; Disclo- Department of Transportation, transmitting Department of Transportation, transmitting sure to Investors in Systemwide and Consoli- the Department’s final rule—Technical the Department’s final rule—Airworthiness dated Bank Debt Obligations of the Farm Amendment to Passenger Train Emergency Directive; British Aerospace (Jetstream) Credit System; Other Financing Institutions Preparedness Docket; Safety Glazing Stand- Model 4101 Airplanes [Docket No. 98–NM–115– (RIN: 3052–AB67) received July 2, 1998, pursu- ards; Correction [FRA Docket No. PTEP–1, AD; Amendment 39–10629; AD 98–13–38] (RIN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee Notice No. 4] (RIN: 2130–AA96) received June 2120–AA64) received June 29, 1998, pursuant to on Agriculture. 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 5 U.S.C. 801(a)(1)(A); to the Committee on 10107. A letter from the Deputy Executive the Committee on Transportation and Infra- Transportation and Infrastructure. Director and Chief Operating Officer, Pen- structure. 10127. A letter from the General Counsel, sion Benefit Guaranty Corporation, trans- 10117. A letter from the General Counsel, Department of Transportation, transmitting mitting the Corporation’s final rule—Alloca- Department of Transportation, transmitting the Department’s final rule—Airworthiness tion of Assets in Single-Employer Plans; In- the Department’s final rule—Airworthiness Directives; Saab Model SAAB SF340A, SAAB terest Assumptions for Valuing Benefits [29 Directives; Agusta S.p.A. Model A109C and 340B, and SAAB 2000 Series Airplanes [Dock- CFR Part 4044] received July 10, 1998, pursu- A109K2 Helicopters [Docket No. 97–SW–65– et No. 96–NM–212–AD; Amendment 39–10627; ant to 5 U.S.C. 801(a)(1)(A); to the Committee AD; Amendment 39–10619; AD 98–13–28] (RIN: AD 98–13–36] (RIN: 2120–AA64) received June on Education and the Workforce. 2120–AA64) received June 29, 1998, pursuant to 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 10108. A letter from the General Counsel, 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- Department of Transportation, transmitting Transportation and Infrastructure. structure. the Department’s final rule—Final Theft 10118. A letter from the General Counsel, 10128. A letter from the General Counsel, Data; Motor Vehicle Theft Prevention Department of Transportation, transmitting Department of Transportation, transmitting Standard [Docket No. NHTSA–97–3125; Notice the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness 02] (RIN: 2127–AH04) received June 29, 1998, Directives; Eurocopter Deutschland GmbH Directives; McDonnell Douglas Model DC–9 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model EC 135 Helicopters [Docket No. 98–SW– and DC–9–80 Series Airplanes, Model MD–88 mittee on Commerce. 18–AD; Amendment 39–10632; AD 98–09–11] Airplanes, and C–9 (Military) Series Air- 10109. A letter from the Director, Office of (RIN: 2120–AA64) received June 29, 1998, pur- planes [Docket No. 96–NM–203–AD; Amend- Regulatory Management and Information, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ment 39–10626; AD 98–13–35] (RIN: 2120–AA64) Environmental Protection Agency, transmit- tee on Transportation and Infrastructure. received June 29, 1998, pursuant to 5 U.S.C. ting the Agency’s final rule—Approval and 10119. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- Promulgation of State Plans for Designated Department of Transportation, transmitting tation and Infrastructure. Facilities and Pollutants; Montana; Control the Department’s final rule—Airworthiness 10129. A letter from the General Counsel, of Landfill Gas Emissions from Existing Mu- Directives; Eurocopter France Model AS Department of Transportation, transmitting nicipal Solid Waste Landfills [MT–001–004a; 332C, L, and L1 Helicopters [Docket No. 97– the Department’s final rule—Airworthiness FRL–6122–2] received July 6, 1998, pursuant SW–39–AD; Amendment 39–10630; AD 98–13–39] Directives; Saab Model SAAB 2000 Series to 5 U.S.C. 801(a)(1)(A); to the Committee on (RIN: 2120–AA64) received June 29, 1998, pur- Airplanes [Docket No. 97–NM–145–AD; Commerce. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Amendment 39–10622; AD 98–13–31] (RIN: 2120– 10110. A letter from the Director, Office of tee on Transportation and Infrastructure. AA64) received June 29, 1998, pursuant to 5 Regulatory Management and Information, 10120. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Department of Transportation, transmitting Transportation and Infrastructure. ting the Agency’s final rule—Designation of the Department’s final rule—Airworthiness 10130. A letter from the General Counsel, Area for Air Quality Planning Purposes; Directives; Eurocopter France Model AS332C, Department of Transportation, transmitting State of California; Redesignation of the San L, and L1 and Model SA330F, G, and J Heli- the Department’s final rule—Airworthiness Francisco Bay Area to Nonattainment for copters [Docket No. 98–SW–11–AD; Amend- Directives; Fokker Model F.28 Mark 0100 Se- Ozone [CA–008–BU, FRL–6120–4] received July ment 39–10633; AD 98–06–04] (RIN: 2120–AA64) ries Airplanes [Docket No. 97–NM–329–AD; 6, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to received June 29, 1998, pursuant to 5 U.S.C. Amendment 39–10623; AD 98–13–32] (RIN: 2120– the Committee on Commerce. 801(a)(1)(A); to the Committee on Transpor- AA64) received June 29, 1998, pursuant to 5 10111. A letter from the Director, Office of tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, 10121. A letter from the General Counsel, Transportation and Infrastructure. Environmental Protection Agency, transmit- Department of Transportation, transmitting 10131. A letter from the General Counsel, ting the Agency’s final rule—Underground the Department’s final rule—Airworthiness Department of Transportation, transmitting Storage Tank Program: Approved State Pro- Directives; Eurocopter France Model SA the Department’s final rule—Airworthiness gram for Nevada [FRL—6118–1] received July 330F, G, and J Helicopters [Docket No. 97– Directives; Airbus Model A300, A300–600, and 6, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to SW–06–AD; Amendment 39–10631; AD 98–13–40] A310 Series Airplanes [Docket No. 97–NM– the Committee on Commerce. (RIN: 2120–AA64) received June 29, 1998, pur- 257–AD; Amendment 39–10624; AD 98–13–33] 10112. A letter from the Secretary of the suant to 5 U.S.C. 801(a)(1)(A); to the Commit- (RIN: 2120–AA64) received June 29, 1998, pur- Commission, Federal Trade Commission, tee on Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- transmitting the Commission’s final rule— 10122. A letter from the General Counsel, tee on Transportation and Infrastructure. Rule Concerning Disclosures Regarding En- Department of Transportation, transmitting 10132. A letter from the General Counsel, ergy Consumption and Water Use of Certain the Department’s final rule—Modification of Department of Transportation, transmitting Home Appliances and Other Products Re- Class E Airspace; Youngstown Elser Metro the Department’s final rule—Airworthiness quired Under the Energy Policy and Con- Airport, OH [Airspace Docket No. 98–AGL–24] Directives; Rolls-Royce Limited, Aero Divi- servation Act (‘‘Appliance Labeling Rule’’) received June 29, 1998, pursuant to 5 U.S.C. sion-Bristol, S.N.E.C.M.A. Olympus 593 Se- [16 CFR Part 305] received July 9, 1998, pursu- 801(a)(1)(A); to the Committee on Transpor- ries Turbojet Engines [Docket No. 98–ANE– ant to 5 U.S.C. 801(a)(1)(A); to the Committee tation and Infrastructure. 15–AD; Amendment 39–10612; AD 98–13–21] on Commerce. 10123. A letter from the General Counsel, (RIN: 2120–AA64) received June 29, 1998, pur- 10113. A letter from the Chairman, Council Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Commit- of the District of Columbia, transmitting a the Department’s final rule—Modification of tee on Transportation and Infrastructure. copy of D.C. Act 12–380, ‘‘Assault on an In- Class E Airspace; Griffith, IN [Airspace 10133. A letter from the General Counsel, spector or Investigator and Revitalization Docket No. 98–AGL–22] received June 29, 1998, Department of Transportation, transmitting

VerDate 25-JUN-98 06:16 Jul 22, 1998 Jkt 059061 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\CRI\H21JY8.REC h21jy1 PsN: h21jy1 July 21, 1998 CONGRESSIONAL RECORD — HOUSE H6069 the Department’s final rule—Airworthiness Aeronautica, S.A. (EMBRAER) Model EMB– Virginia, Mr. MORAN of Virginia, Ms. Directives; Airbus Model A300–600 Series Air- 145 Series Airplanes [Docket No. 98–NM–65– LEE, Mrs. LOWEY, Ms. DELAURO, Mr. planes [Docket No. 95–NM–78–AD; Amend- AD; Amendment 39–10604; AD 98–13–16] (RIN: DAVIS of Illinois, Mr. CUMMINGS, Ms. ment 39–10614; AD 98–13–23] (RIN: 2120–AA64) 2120–AA64) received June 29, 1998, pursuant to DEGETTE, Ms. ROYBAL-ALLARD, Mr. received June 29, 1998, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on DREIER, Mrs. MALONEY of New York, 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. and Ms. EDDIE BERNICE JOHNSON of tation and Infrastructure. 10143. A letter from the General Counsel, Texas): 10134. A letter from the General Counsel, Department of Transportation, transmitting H.R. 4280. A bill to provide for greater ac- Department of Transportation, transmitting the Department’s final rule—Airworthiness cess to child care services for Federal em- the Department’s final rule—Airworthiness Directives; AERMACCHI S.p.A. Models F.260, ployees; to the Committee on Government Directives; Bombardier Model CL–600–2B19 F.260B, F.260C, and F.260D Airplanes [Docket Reform and Oversight. (Regional Jet Series 100) Airplanes [Docket No. 97–CE–143–AD; Amendment 39–10597; AD By Mr. PAUL (for himself, Mr. STUMP, No. 97–NM–83–AD; Amendment 39–10615; AD 98–13–09] (RIN: 2120–AA64) received June 29, and Mr. HILL): 98–13–24] (RIN: 2120–AA64) received June 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 4281. A bill to repeal sections 1173(b) 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- and 1177(a)(1) of the Social Security Act; to Committee on Transportation and Infra- structure. the Committee on Ways and Means. structure. 10144. A letter from the General Counsel, By Mr. HORN (for himself, Mrs. 10135. A letter from the General Counsel, Department of Transportation, transmitting MORELLA, Mr. CONYERS, Mr. Department of Transportation, transmitting the Department’s final rule—Airworthiness COSTELLO, Mr. STUPAK, Mr. RAMSTAD, the Department’s final rule—Airworthiness Directives; Airbus Model A320 Series Air- Mrs. KELLY, Ms. CARSON, Mr. CAL- Directives; Dornier Model 328–100 Series Air- planes [Docket No. 97–NM–250–AD; Amend- VERT, Ms. DANNER, Mr. THOMPSON, planes [Docket No. 98–NM–89–AD; Amend- ment 39–10602; AD 98–13–14] (RIN: 2120–AA64) Mr. BROWN of Ohio, Mr. FORD, and ment 39–10618; AD 98–13–27] (RIN: 2120–AA64) received June 29, 1998, pursuant to 5 U.S.C. Mr. PAPPAS): received June 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- H.R. 4282. A bill to amend title 18, United 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. States Code, with respect to police badges; to tation and Infrastructure. 10145. A letter from the General Counsel, the Committee on the Judiciary. 10136. A letter from the General Counsel, Department of Transportation, transmitting By Mr. BEREUTER (for himself, Mr. Department of Transportation, transmitting the Department’s final rule—Airworthiness HAMILTON, Mr. GILMAN, Mr. LEACH, the Department’s final rule—Airworthiness Directives; Airbus Model A300 and A300–600 Mr. HALL of Ohio, Mr. KANJORSKI, Mr. Directives; British Aerospace Model BAC 1– Series Airplanes [Docket No. 98–NM–81–AD; WALSH, Mrs. CLAYTON, Mr. EHLERS, 11 200 and 400 Series Airplanes [Docket No. Amendment 39–10628; AD 98–13–37] (RIN: 2120– Ms. WATERS, Mr. SANDERS, Mr. 98–NM–51–AD; Amendment 39–10617; AD 98– AA64) received June 29, 1998, pursuant to 5 RODRIGUEZ, Mr. SCOTT, Mr. DICKS, 13–26] (RIN: 2120–AA64) received June 29, 1998, U.S.C. 801(a)(1)(A); to the Committee on Mr. MORAN of Virginia, Mr. TOWNS, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. Ms. CARSON, Mr. ABERCROMBIE, Ms. mittee on Transportation and Infrastruc- 10146. A letter from the General Counsel, NORTON, Mr. SNYDER, Mr. LIPINSKI, ture. Department of Transportation, transmitting Ms. SLAUGHTER, Mr. SABO, Mr. LEWIS 10137. A letter from the General Counsel, the Department’s final rule—Safety Zone: of Georgia, Mr. WEXLER, Ms. FURSE, Department of Transportation, transmitting Independence Day Celebration Fireworks, Mrs. CAPPS, Ms. BROWN of Florida, the Department’s final rule—Airworthiness Wards Island, East River, New York [CGD01– Mr. HINCHEY, Mr. BENTSEN, Mr. ACK- Directives; Fokker Model F.28 Mark 1000, 98–070] (RIN: 2115–AA97) received June 29, ERMAN, Mr. GEJDENSON, Mr. MCHALE, 2000, 3000, and 4000 Series Airplanes [Docket 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. BROWN of Ohio, Mr. ENGEL, Mr. No. 98–NM–16–AD; Amendment 39–10616; AD Committee on Transportation and Infra- SHERMAN, Mr. ROTHman, Mr. MENEN- 98–13–25] (RIN: 2120–AA64) received June 29, structure. DEZ, Mr. LANTOS, Mr. CHABOT, Mr. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10147. A letter from the Chief, Regulations CUMMINGS, Mr. GOODLING, Mrs. Committee on Transportation and Infra- Unit, Internal Revenue Service, transmitting MORELLA, Mr. BERMAN, Mr. HORN, structure. the Service’s final rule—Election Not to Mr. METCALF, Mr. ALLEN, Mr. PETRI, 10138. A letter from the General Counsel, Apply Look-Back Method in De Minimis Mr. PORTER, Mr. DIXON, Mrs. Department of Transportation, transmitting Cases [TD 8775] (RIN: 1545–AV79) received MALONEY of New York, Mr. STARK, the Department’s final rule—Airworthiness July 9, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. OXLEY, Ms. MILLENDER-MCDON- Directives; Rolls-Royce Limited, Aero Divi- to the Committee on Ways and Means. ALD, Mr. HINOJOSA, Ms. STABENOW, sion-Bristol, S.N.E.C.M.A., Olympus 593 Se- f Ms. CHRISTIAN-GREEN, Mr. DAVIS of ries Turbojet Engines [Docket No. 98–ANE– Illinois, Ms. KILPATRICK, Ms. MCKIN- 12–AD; Amendment 39–10609; AD 98–13–20] REPORTS OF COMMITTEES ON NEY, Mr. WATT of North Carolina, and (RIN: 2120–AA64) received June 29, 1998, pur- PUBLIC BILLS AND RESOLUTIONS Mr. BARRETT of Nebraska): suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Under clause 2 of rule XIII, reports of tee on Transportation and Infrastructure. H.R. 4283. A bill to support sustainable and 10139. A letter from the General Counsel, committees were delivered to the Clerk broad-based agricultural and rural develop- Department of Transportation, transmitting for printing and reference to the proper ment in sub-Saharan Africa, and for other the Department’s final rule—Airworthiness calendar, as follows: purposes; to the Committee on International Directives; Raytheon Aircraft Company Mr. BLILEY: Committee on Commerce. Relations, and in addition to the Committee Model 1900D Airplanes [Docket No. 97–CE–86– H.R. 1689. A bill to amend the Securities Act on Agriculture, for a period to be subse- AD; Amendment 39–10599; AD 98–13–11] (RIN: of 1933 and the Securities Exchange Act of quently determined by the Speaker, in each 2120–AA64) received June 29, 1998, pursuant to 1934 to limit the conduct of securities class case for consideration of such provisions as 5 U.S.C. 801(a)(1)(A); to the Committee on actions under State law, and for other pur- fall within the jurisdiction of the committee Transportation and Infrastructure. poses; with an amendment (Rept. 105–640). concerned. 10140. A letter from the General Counsel, Referred to the Committee of the Whole By Mr. MCCOLLUM (for himself and Department of Transportation, transmitting House on the State of the Union. Mr. PALLONE): H.R. 4284. A bill to authorize the Govern- the Department’s final rule—Airworthiness f Directives; Airbus Model A319 and A321–100 ment of India to establish a memorial to Series Airplanes [Docket No. 98–NM–75–AD; TIME LIMITATION OF REFERRED honor Mahatma Gandhi in the District of Co- Amendment 39–10606; AD 98–13–18] (RIN: 2120– BILL lumbia; to the Committee on Resources. By Mr. SHAW (for himself, Mr. MATSUI, AA64) received June 29, 1998, pursuant to 5 Pursuant to clause 5 of rule X, the U.S.C. 801(a)(1)(A); to the Committee on Mr. PORTMAN, Mr. NEAL of Massachu- Transportation and Infrastructure. following action was taken by the setts, Mr. CAMP, Ms. DUNN of Wash- 10141. A letter from the General Counsel, Speaker: ington, Mr. HERGER, Mr. BUNNING of Department of Transportation, transmitting H.R. 2281. Referral to the Committees on Kentucky, Mr. LEVIN, Mr. THOMAS, the Department’s final rule—Airworthiness Commerce and Ways and Means extended for Mr. HOUGHTON, Mr. HALL of Texas, Directives; Fokker Model F27 Mark 100, 200, a period ending not later than July 22, 1998. Mr. KLECZKA, Mr. WATKINS, and Mr. 300, 400, 500, 600, and 700 Series Airplanes f ENSIGN): [Docket No. 98–NM–102–AD; Amendment 39– H.R. 4285. A bill to amend the Internal Rev- 10607; AD 98–13–19] (RIN: 2120–AA64) received PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to provide for S corpora- June 29, 1998, pursuant to 5 U.S.C. Under clause 5 of Rule X and clause 4 tion reform, and for other purposes; to the 801(a)(1)(A); to the Committee on Transpor- of Rule XXII, public bills and resolu- Committee on Ways and Means. tation and Infrastructure. By Mr. ANDREWS: 10142. A letter from the General Counsel, tions were introduced and severally re- H.R. 4286. A bill to amend the Federal Department of Transportation, transmitting ferred, as follows: Rules of Evidence to establish a parent-child the Department’s final rule—Airworthiness By Mrs. MORELLA (for herself, Mrs. privilege; to the Committee on the Judici- Directives; Empresa Brasileira de WILSON, Mr. GILMAN, Mr. DAVIS of ary.

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By Mr. CANNON: Glines Canyon dam and the restoration of H.R. 3125: Mr. KENNEDY of Massachusetts, H.R. 4287. A bill to make technical correc- the Elwha River ecosystem and native anad- Mrs. THURMAN, Mr. MCCOLLUM, Ms. PRYCE of tions and minor adjustments to the bound- romous fisheries, and for other purposes; to Ohio, Ms. DANNER, Mr. WATT of North Caro- aries of the Grand Staircase-Escalante Na- the Committee on Resources. lina, Mrs. MEEK of Florida, Mr. DEUTSCH, and tional Monument in the State of Utah; to By Mr. SMITH of New Jersey (for him- Mr. SABO. the Committee on Resources. self, Mr. HOYER, Mr. PORTER, Mr. H.R. 3127: Mr. GEJDENSON. By Mr. EWING: ROHRABACHER, Mr. ENGEL, Mr. H.R. 3159: Mr. CANADY of Florida. H.R. 4288. A bill to establish the negotiat- OLVER, Mr. KING of New York, and H.R. 3205: Ms. CHRISTIAN-GREEN. ing objectives of the United States with re- Mr. MCGOVERN): H.R. 3230: Mrs. LINDA SMITH of Washington. spect to the WTO Agreement on Agriculture, H. Con. Res. 304. Concurrent resolution ex- H.R. 3248: Mr. WHITFIELD. to establish criteria for the accession of pressing the sense of the Congress regarding H.R. 3279: Ms. CHRISTIAN-GREEN. state trading regimes to the WTO, and for the culpability of Slobodan Milosevic for war H.R. 3284: Mr. MINGE. other purposes; to the Committee on Ways crimes, crimes against humanity, and geno- H.R. 3464: Mr. HINCHEY. and Means. cide in the former Yugoslavia, and for other H.R. 3500: Mr. ENGLISH of Pennsylvania, By Mr. HANSEN: purposes; to the Committee on International Mr. WELLER, Mr. THOMAS, Mr. NEAL of Mas- H.R. 4289. A bill to provide for the purchase Relations. sachusetts, Mr. SAM JOHNSON, and Mr. by the Secretary of the Interior of the By Mr. GOODLING (for himself, Mr. MCCRERY. Wilcox ranch in Eastern Utah for manage- HOEKSTRA, Mr. NORWOOD, Mr. H.R. 3523: Mr. HILLIARD and Ms. WOOLSEY. ment as wildlife habitat; to the Committee HILLEARY, Mr. BALLENGER, Mr. BOB H.R. 3571: Ms. CHRISTIAN-GREEN. on Resources. SCHAFFER, and Mr. PARKER): H.R. 3577: Ms. CHRISTIAN-GREEN. By Mr. KENNEDY of Rhode Island (for H. Res. 507. A resolution providing special H.R. 3598: Mr. EDWARDS, Ms. ROYBAL-AL- himself and Mr. BLAGOJEVICH): investigative authority for the Committee LARD, Mr. FAZIO of California, Mr. HEFNER, H.R. 4290. A bill to assist State and local on Education and the Workforce; to the Mr. BONIOR, and Mr. MCGOVERN. governments in conducting community gun Committee on Rules. H.R. 3602: Mr. MCINTOSH. buy back programs; to the Committee on the f H.R. 3608 Mr. HILLIARD. Judiciary. H.R. 3636: Mr. CUMMINGS, Mr. FATTAH, Mr. By Mrs. MORELLA (for herself, Mrs. PRIVATE BILLS AND GOODLING, and Mr. OBERSTAR. JOHNSON of Connecticut, Ms. NORTON, RESOLUTIONS H.R. 3641: Mrs. NORTHUP. Mr. SMITH of New Jersey, Mr. BER- H.R. 3659: Mr. CONDIT, Mr. CANNON, Ms. MAN, Ms. ROS-LEHTINEN, Ms. ROYBAL- Under clause 1 of rule XXII, WOOLSEY, Mr. GORDON, and Mr. GIBBONS. ALLARD, Ms. LOFGREN, and Mr. FOX Mr. JOHNSON of Wisconsin introduced A H.R. 3785: Mr. TRAFICANT, Mr. TIAHRT, Mr. of Pennsylvania): bill (H.R. 4295) for the relief of Juan Antonio WELDON of Florida, Mr. CALVERT, and Mr. H.R. 4291. A bill to amend the Immigration Manrique; which was referred to the Com- SAM JOHNSON. and Nationality Act to eliminate, for alien mittee on the Judiciary. H.R. 3803: Mr. REDMOND. battered spouses and children, certain re- f H.R. 3814: Mr. CALVERT, Mr. HINCHEY, Mr. strictions rendering them ineligible to apply WYNN, Mr. COOK, Mr. DELAHUNT, Mr. FILNER, for adjustment of status, suspension of de- ADDITIONAL SPONSORS Mr. MARTINEZ, Ms. DEGETTE, Mr. SHIMKUS, portation, and cancellation of removal, and Under clause 4 of rule XXII, sponsors and Mr. RAHALL. for other purposes; to the Committee on the were added to public bills and resolu- H.R. 3862: Mr. HILLIARD. Judiciary. H.R. 3865: Mr. MARTINEZ, Mr. GILLMOR, Mr. By Mr. SAXTON (for himself, Mr. BUR- tions as follows: SPRATT, Mr. ADERHOLT, Mr. WICKER, and Mr. TON of Indiana, Mr. PASCRELL, Mr. H.R. 457: Mr. ENGLISH of Pennsylvania. BARCIA of Michigan. WATTS of Oklahoma, Mr. SALMON, H.R. 612: Mr. WATT of North Carolina and H.R. 3895: Ms. CHRISTIAN-GREEN. Mr. SESSIONS, Mr. FORBES, Mr. Mr. CRAPO. H.R. 3925: Ms. CHRISTIAN-GREEN and Mr. ENGEL, Mr. HAYWORTH, Mr. FOX of H.R. 693: Mr. ROHRABACHER. HILLIARD. Pennsylvania, Mr. FRELINGHUYSEN, H.R. 836: Mr. DOYLE, Ms. LEE, and Mrs. H.R. 4010: Mr. NETHERCUTT. Mr. PAPPAS, Mr. FRANKS of New Jer- BONO. H.R. 4016: Ms. SLAUGHTER. sey, Mr. BOB SCHAFFER, Mr. H.R. 922: Mr. SMITH of New Jersey and Mr. H.R. 4070: Mr. RODRIGUEZ. SNOWBARGER, Mr. ROHRABACHER, Mr. SALMON. H.R. 4151: Mr. WATTS of Oklahoma and Ms. EHRLICH, Mr. HORN, and Mr. H.R. 923: Mr. SMITH of New Jersey and Mr. RIVERS. LOBIONDO): SALMON. H.R. 4181: Mr. POSHARD and Mr. FROST. H.R. 4292. A bill to amend title 28, United H.R. 979: Mr. GOODLING, Mrs. BONO, Mr. H.R. 4204: Mr. HASTERT and Mr. RILEY. States Code, to allow attachment of certain KIND of Wisconsin, Mr. PEASE, Mr. HINCHEY, H.R. 4213: Mr. HOBSON and Mr. FORBES. property of foreign states in execution of and Ms. NORTON. H.R. 4217: Mr. HILL. judgements for acts of terrorism; to the H.R. 1134: Mr. FILNER and Mr. PITTS. H.R. 4219: Mr. MORAN of Kansas. Committee on the Judiciary. H.R. 1234: Mr. BOUCHER. H.R. 4220: Mr. ENGLISH of Pennsylvania. By Mr. WALSH (for himself, Mr. NEAL H.R. 1321: Mr. LAFALCE. H.R. 4232: Mr. WATTS of Oklahoma, Mr. of Massachusetts, Mr. GILMAN, Mr. H.R. 1378: Mr. SHAW. HASTERT, Mrs. CHENOWETH, and Mr. KING of New York, Mr. MANTON, Mr. H.R. 1401: Ms. CHRISTIAN-GREEN and Mr. NETHERCUTT. SCHUMER, Mr. QUINN, Mrs. MALONEY GUTIERREZ. H.R. 4235: Mr. ENGLISH of Pennsylvania, of New York, Mr. FORBES, Mr. KEN- H.R. 2021: Mr. COBURN and Mr. TOWNS. Mr. BONIOR, and Mr. MILLER of California. NEDY of Rhode Island, Mr. KENNEDY H.R. 2070: Mr. SKEEN. H.R. 4240: Mr. ENGLISH of Pennsylvania, of Massachusetts, Mrs. KELLY, Mr. H.R. 2409: Mr. WISE and Mr. BERMAN. Mr. EHRLICH, Mr. HILLIARD, and Mr. SOLO- MCGOVERN, Mr. ENGLISH of Pennsyl- H.R. 2588: Ms. ROYBAL-ALLARD and Mr. PE- MON. vania, Mr. BORSKI, Mr. CALLAHAN, TERSON of Minnesota. H.R. 4250: Mr. COOKSEY and Mr. HORN. Mr. ABERCROMBIE, Mr. LEWIS of Cali- H.R. 2714: Mr. DOYLE. H.R. 4251: Mr. COLLINS. fornia, Mrs. MCCARTHY of New York, H.R. 2715: Mrs. BONO. H.R. 4258: Mr. BUNNING of Kentucky, Mr. Mr. PASCRELL, Mr. MCDERMOTT, Mr. H.R. 2720: Mr. INGLIS of South Carolina. NUSSLE, Mrs. MYRICK, and Mr. ADAM SMITH MARKEY, Mr. LANTOS, Mr. ENGEL, Mr. H.R. 2840: Mr. MANZULLO and Mrs. EMER- of Washington. PAYNE, Mr. LAZIO of New York, Mr. SON. H. Con. Res. 19: Mr. NADLER, Mr. BERMAN, PASTOR, Mrs. KENNELLY of Connecti- H.R. 2896: Ms. CHRISTIAN-GREEN. Mr. EVANS, and Mrs. LOWEY. cut, Mr. MALONEY of Connecticut, H.R. 2912: Ms. CHRISTIAN-GREEN. H. Con. Res. 27: Mr. LAMPSON. and Mr. HORN): H.R. 2949: Mr. SNOWBARGER. H. Con. Res. 52: Mr. HUTCHINSON, Mr. H.R. 4293. A bill to establish a cultural and H.R. 2955: Mrs. MINK of Hawaii and Mr. MENENDEZ, and Mr. STRICKLAND. training program for disadvantaged individ- SMITH of Michigan. H. Con. Res. 80: Mrs. BONO. uals from Northern Ireland and the Republic H.R. 2990: Mr. FARR of California, Mr. BAR- H. Con. Res. 126: Mr. BOYD, Ms. RIVERS, Ms. of Ireland; to the Committee on the Judici- TON of Texas, Mr. RIGGS, Mr. PAXON, Mr. SANCHEZ, and Mr. PALLONE. ary, and in addition to the Committee on GOODLING, Mrs. BONO, Mr. BISHOP, and Mr. H. Con. Res. 203: Mr. GOODLING and Mr. International Relations, for a period to be BOSWELL. WHITFIELD. subsequently determined by the Speaker, in H.R. 2995: Mr. BROWN of California and Mr. H. Con. Res. 224: Mr. SHERMAN. each case for consideration of such provi- MARTINEZ. H. Con. Res. 273: Mr. PAUL. sions as fall within the jurisdiction of the H.R. 3008: Mr. OBERSTAR. H. Con. Res. 286: Ms. RIVERS, Mr. LUTHER, committee concerned. H.R. 3048: Ms. CHRISTIAN-GREEN. and Mr. BONIOR. By Mr. WHITE: H.R. 3081: Mr. BROWN of Ohio, Mr. YATES, H. Con. Res. 299: Mr. RAMSTAD, Mr. H.R. 4294. A bill to amend the Elwha River Mr. BROWN of California, Ms. CHRISTIAN- ENGLISH of Pennsylvania, Mr. KNOLLENBERG, Ecosystem and Fisheries Restoration Act to GREEN, Mr. BRADY of Pennsylvania, Mr. and Mr. RYUN. provide further for the acquisition and re- STOKES, Ms. WATERS, Mr. WYNN, Mr. H. Con. Res. 302: Mr. ROTHMAN and Mr. moval of the Elwha dam and acquisition of POSHARD, and Mr. KILDEE. CRAMER.

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H. Res. 362: Mr. SHERMAN. U.S.C. 3505) is amended by adding at the end Page 69, line 15, insert ‘‘(increased by H. Res. 415: Mr. BERMAN, Mr. JEFFERSON, the following new subsection: $62,850,000)’’ after ‘‘$320,558,000’’. ‘‘(e) PROVISION OF FLOOD INSURANCE COV- and Mr. SHERMAN. H.R. 4193 H. Res. 460: Mr. GREEN, Mr. FOSSELLA, Ms. ERAGE FOR CERTAIN STRUCTURES IN SYSTEM SLAUGHTER, Mr. REYES, Mr. COOK, Mr. UNITS.—Section 5 shall not apply to financial OFFERED BY: MR. MCGOVERN HOLDEN, Mr. DOOLEY of California, Mr. assistance in the form of flood insurance cov- AMENDMENT NO. 24: Page 19, line 7, insert BLAGOJEVICH, Ms. CHRISTIAN-GREEN, Mr. erage provided under the National Flood In- after the dollar amount the following: ‘‘(in- WHITFIELD, and Ms. RIVERS. surance Act of 1968 (42 U.S.C. 4001 et seq.) for creased by $30,000,000)’’. H. Res. 479: Mrs. LOWEY and Mr. NADLER. a structure referred to in paragraph (2) (A) or (B), if— Page 70, line 17, insert after the dollar f ‘‘(1) a completed application for flood in- amount ‘‘(reduced by $30,000,000)’’. DELETIONS OF SPONSORS FROM surance coverage under that Act for that H.R. 4193 structure is submitted within the 1-year pe- PUBLIC BILLS AND RESOLUTIONS OFFERED BY: MR. REDMOND riod beginning on the effective date of this Under clause 4 of rule XXII, sponsors subsection; and AMENDMENT NO. 25: Insert after the final were deleted from public bills and reso- ‘‘(2) the Director of the Federal Emergency section the following: lutions as follows: Management Agency determines that con- SEC. ll. The amounts otherwise provided struction of that structure was completed by H.R. 1891: Mr. LEWIS of Georgia. by this Act are revised by increasing the not later than— f amount for ‘‘LAND ACQUISITION’’ under the ‘‘(A) October 1, 1983, in the case of a struc- heading ‘‘FOREST SERVICE’’ and reducing the PETITIONS, ETC. ture located in System unit PO5, PO5A, P10, amount for ‘‘GRANTS AND ADMINISTRATION’’ or P18; or under the heading ‘‘NATIONAL ENDOWMENT Under clause 1 of rule XXII, petitions ‘‘(B) November 16, 1990, in the case of a FOR THE ARTS’’, by $25,000,000. and papers were laid on the clerk’s structure located on lands added to System H.R. 4194 desk and referred as follows: unit P11, P11A, or P25 on that date.’’. (b) CONFORMING AMENDMENT.—Section 68. The SPEAKER presented a petition of OFFERED BY: MR. RIGGS 1321(a) of the National Flood Insurance Act AMENDMENT NO. 30: At the end of the bill, Gregory D. Watson of Austin, Texas, relative of 1968 (42 U.S.C. 4028(a)) is amended in the insert after the last section (preceding the to protesting the cost-of-living adjustment first sentence by inserting before the period short title) the following new section: increase in the compensation of Members of the following: ‘‘, except that this sentence ll Congress which took effect in January 1998; does not prohibit the provision of flood in- SEC. . None of the funds appropriated to the Committee on House Oversight. surance coverage if section 5 of the Coastal by this Act may be used to implement Chap- f Barrier Resources Act does not apply to pro- ter 12B of the Administrative Code of San vision of that coverage by reason of section Francisco, California. AMENDMENTS 6(e) of that Act.’’. H.R. 4276 Under clause 6 of rule XXIII, pro- H.R. 4193 OFFERED BY: MR. BARTLETT OF MARYLAND posed amendments were submitted as OFFERED BY: MR. GILCHREST AMENDMENT NO. 1: Page 78, strike line 15, follows: AMENDMENT NO. 21: Page 122, beginning on and all that follows through line 6 on page H.R. 4193 line 24, strike section 337. 79. H.R. 4193 OFFERED BY: MR. ENSIGN H.R. 4276 OFFERED BY: MS. JACKSON-LEE OF TEXAS AMENDMENT NO. 19: Page 56, line 2, after OFFERED BY: MR. FOX ‘‘$156,167,000’’ insert ‘‘(increased by AMENDMENT NO. 22: Page 12, line 20, insert $5,300,000)’’. ‘‘(decreased by $18,000,000)’’ after the dollar AMENDMENT NO. 2: At the end of the bill, Page 40, line 14, after ‘‘$37,304,000’’ insert figure. insert after the last section (preceding the ‘‘(decreased by $5,300,000)’’. Page 17, line 4, insert ‘‘(decreased by short title) the following: $9,200,000)’’ after the first dollar figure. H.R. 4193 TITLE IX—ADDITIONAL GENERAL OFFERED BY: MR. GILCHREST PROVISIONS Page 89, line 11, insert ‘‘(increased by AMENDMENT NO. 20: Page 122, beginning on SEC. 901. None of the funds made available $25,200,000)’’ after the dollar figure. line 24, strike section 337 and insert the fol- in this Act may be used by the Department lowing new section: H.R. 4193 of State or the United States Information SEC. 337. (a) FLOOD INSURANCE COVERAGE OFFERED BY: MS. JACKSON-LEE OF TEXAS Agency to provide equipment, technical sup- FOR CERTAIN STRUCTURES LOCATED IN COAST- AMENDMENT NO. 23: Page 57, line 6, insert port, training, consulting services, or any AL BARRIER RESOURCES SYSTEM.—Section 6 ‘‘(decreased by $62,850,000)’’ after other form of assistance to the Palestinian of the Coastal Barrier Resources Act (16 ‘‘$271,440,000’’. Broadcasting Corporation.

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Vol. 144 WASHINGTON, TUESDAY, JULY 21, 1998 No. 98 Senate The Senate met at 9 a.m. and was bill. The majority leader has indicated nation of Mr. James Hormel to be the called to order by the President pro that he is hopeful that Members will United States Ambassador to Luxem- tempore [Mr. THURMOND]. come to the floor during today’s ses- bourg. sion to offer and debate amendments as Mr. Hormel has a distinguished PRAYER the Senate attempts to make good record as a businessperson, as a lawyer, The Chaplain, Dr. Lloyd John progress on the Commerce-Justice- as a former dean of the University of Ogilvie, offered the following prayer: State bill. The Senate may also con- Chicago Law School, and as a philan- Gracious Father, our morning prayer sider any other legislative or executive thropist. His family owns one of the is like being amazed by deposits in our items that may be cleared for action. largest agriculture companies in our checking account from unexpected f country. sources. We are astounded by Your He has, throughout his distinguished ORDER FOR RECESS goodness. You know what we will need career, been a contributor and sup- for today and You deposit the required Mr. BOND. Mr. President, I ask unan- porter of many worthy organizations. amounts of insight, discernment, and imous consent that the Senate stand in His philanthropy is well known vision in our minds. You fill the wells recess from 12:30 p.m. until 2:15 p.m. to throughout the United States. He has of our hearts to overflowing with the allow the weekly party caucuses to contributed significantly to the Catho- added courage and determination that meet. lic Youth Organization, to the United are necessary for the demands of today. The PRESIDENT pro tempore. With- Negro College Fund, Swarthmore Col- Even now, we feel fresh strength as out objection, it is so ordered. lege, Breast Cancer Action, and to Your Spirit energizes our bodies. We Mr. BOND. Seeing no other Members many, many other associations. He has should not be surprised. You have wishing to speak, I suggest the absence also served as the alternate representa- promised that, ‘‘As your days, so shall of a quorum. tive to the United Nations General As- your strength be.’’—Deuteronomy 33:25. The PRESIDENT pro tempore. The sembly on behalf of our country, the Bless the women and men of this clerk will call the roll. United States of America. Senate and all who work with and for The assistant legislative clerk pro- Mr. Hormel’s nomination was favor- them that this will be a day in which ceeded to call the roll. ably reported out by the Committee on we draw on Your limitless resources for Mr. REED. Mr. President, I ask unan- Foreign Relations and is widely sup- dynamic leadership. Through our Lord imous consent that the order for the ported here in the U.S. Senate. and Saviour. Amen. quorum call be rescinded. Indeed, hundreds of distinguished f The PRESIDING OFFICER (Mr. Americans have favorably commented BOND). Without objection, it is so or- on his nomination, and they have stat- RECOGNITION OF THE ACTING dered. ed that Mr. Hormel has the ability and MAJORITY LEADER f skills to successfully represent the The PRESIDENT pro tempore. The United States in Luxembourg. able acting majority leader is recog- MORNING BUSINESS Now, there are many who are watch- nized. The PRESIDING OFFICER. Under ing this proceeding who would ask, Mr. BOND. Good morning, Mr. Presi- the previous order, the Senate will now given all these qualifications, why dent. be in a period of morning business. would Mr. Hormel be denied a vote on f Mr. REED. Mr. President, I ask unan- his nomination to be Ambassador to imous consent to speak in morning Luxembourg? The simple answer comes SCHEDULE business for 5 minutes of the time allo- down to the fact of Mr. Hormel’s sexual Mr. BOND. Mr. President, this morn- cated to Senator DORGAN. orientation. ing, there will be a period for the trans- The PRESIDING OFFICER. Without There are many—the vast majority action of morning business until 10 objection, it is so ordered. of Americans and the vast majority of a.m. Following morning business, the Mr. REED. Thank you, Mr. Presi- Senators—who feel that this is irrele- Senate will vote on the motion to in- dent. vant to the duties that he will perform voke cloture on the legislative branch f as Ambassador to Luxembourg, and we appropriations bill. After disposition of should look not to his sexual orienta- the legislative branch bill, the Senate NOMINATION OF JAMES HORMEL tion, but to his record of achievement will resume consideration of the Com- Mr. REED. Mr. President, I rise this and to his ability and to his respon- merce-Justice-State appropriations morning to speak briefly on the nomi- sibilities throughout his career in

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

S8595

. S8596 CONGRESSIONAL RECORD — SENATE July 21, 1998 terms of advancing not his personal pared to provide them with the quality be treated at the New England Medical agenda, but in fact serving well both of service or the choice of doctors that Center. the institutions he represented, such as they were promised or that they paid But the O’Malleys found that when the University of Chicago, and many, for with their premiums. Some health push came to shove, when it came time many philanthropic activities which he insurers have put saving costs way for the promise to be delivered on, the has been involved in. ahead of the prospect of saving lives. promise disappeared. Steve O’Malley But there are some in this Chamber I think most people in the Senate knows full well about an HMO that who I fear would rather not have an have come to understand the nature of sent Ellen all over the city, to one hos- Ambassador, but would rather have a this crisis. The impact of the decisions pital for a mammogram, to another political issue. My preference is to of the insurance companies in count- hospital for a biopsy, and to still an- have an Ambassador serving the United less stories across America and across other hospital for treatment. Steve States with distinction in Luxembourg. my State of Massachusetts is immeas- O’Malley remembers hours spent pains- And I believe Mr. Hormel will do that. urable. Americans are suffering be- takingly writing lengthy appeal letters Mr. President, the Providence Jour- cause the system puts the choices of to the HMO, begging them to recon- nal newspaper in my home State of the insurance company administrator sider their decisions. He also remem- Rhode Island put it best when they far ahead of the choice of a doctor. bers what it felt like to receive a 5-line headlined the editorial by simply say- The story of Ellen O’Malley, a moth- form letter rejecting his wife’s appeal. ing ‘‘Vote on Hormel.’’ er of two, from Canton, MA, under- Steve would tell you that the per- Mr. Hormel does not want this am- scores the full measure of the problem sonal and painful decisions for his fam- bassadorship as a pulpit to advance any that we face today. Ellen passed away ily were merely business decisions for agenda. What he wants to do is rep- in the summer of 1994, a victim of the HMO, and that is unacceptable. It resent our country with distinction breast cancer at the age of 38. Her hus- is unacceptable for the O’Malleys, as and great diligence. I believe he will do band, Steve, a schoolteacher in Canton, Steve remembers his late wife saying, that. and her two daughters, could tell any- ‘‘HMOs are great unless you’re sick. In his own words, in a letter to Sen- body in the Senate about the trouble They’re fine if you have a cold, get the ator GORDON SMITH, our colleague, he that people face today as a result of flu, break your arm, or stub your toe, said: the way in which choices are made for but they are not fine if you’re dying.’’ I will not use, nor do I think it appropriate the delivery of health care. They could Steve and Ellen O’Malley and their to use, the office of ambassador to advocate also tell you about the struggle of what two daughter suffered an enormous any personal views I may hold on any issue. it is like to live without a mother and personal tragedy when breast cancer . . . I assure you that my public positions wife. I think all of us understand that dashed their hopes and dreams for the will be those of the U.S. Government. happens and that there are sometimes future. I believe they should have been I believe that however one feels unavoidable consequences of some dis- able, as a family, to endure that trag- about Mr. Hormel’s qualifications, this eases. But clearly there are totally edy secure in the knowledge that Ellen institution deserves to give him a vote, avoidable consequences of what kind of could make her medical decisions side to give him an opportunity to have his care is delivered to somebody in the by side with the doctor she trusted— case decided openly here on the floor of course of an illness. not a bureaucrat who never went to this Chamber, allowing individual Sen- The O’Malley family’s story is even medical school and, more importantly, ators to make whatever point they more tragic than the loss of Ellen be- never knew Ellen O’Malley. may choose to make about his quali- cause they would tell every Senator I believe that no HMO should rob a fications, about his potential to serve. about the new language that they family of peace of mind in times of cri- But to deny him his vote, I think, is to learned, the experience that they went sis. HMOs should be more than organi- deny not only one individual but this through, as a consequence of her ill- zations that are great unless you are country the opportunity to make a de- ness—a vocabulary of the HMOs. Ellen sick. For every person who buys into cision about his qualifications to serve. O’Malley should not have had to spend an insurance program, there ought to I hope that we can quickly bring his her last year of life jumping through be the confidence that the coverage nomination to the floor for a vote and bureaucratic hoops just to get treat- that you buy is the coverage that you then let the will of the majority pre- ment for breast cancer. She shouldn’t will get. That is why we have proposed vail. I believe it is wrong and unfortu- have had to be shuttled around the city the Patients’ Bill of Rights. We recog- nate that we retain this nomination of Boston from one hospital to another nize we have built a system that cur- and not allow it to come to the floor hospital, from one doctor to another rently puts paperwork ahead of pa- for the vote. I hope in the days ahead doctor, because an HMO refused to tients and ignores the real life-and- we will vote on Mr. Hormel and we will take the word of her own family doctor death decisions being made in our vote favorably. or her oncologist. Ellen O’Malley was health care system. We have to do bet- I yield the floor. very, very brave in facing the struggle ter. The PRESIDING OFFICER. The Sen- with a killer disease. She should not All across Massachusetts, I hear from ator from Massachusetts. have been asked to be brave in facing a people who are angry at how hard it is Mr. KERRY. Mr. President, I ask different struggle with the bureauc- to find the health care that they be- unanimous consent to be permitted to racy. lieve they have purchased. And they yield myself 10 minutes of the time of The simple fact is that health insur- are frustrated with policies that say Senator DORGAN. ers should not make the decisions that that our elderly can’t go to the doctor The PRESIDING OFFICER. Without are fundamentally the decision of a of their choice. They are convinced objection, it is so ordered. doctor or a trained health care profes- their HMOs don’t give them straight f sional. The truth is that in times of answers about their coverage, and family crisis, people should not have to working families across the country PATIENTS’ BILL OF RIGHTS worry about whether or not a bureau- believe it is time to take decisions out Mr. KERRY. Mr. President, countless crat is going to allow them to be able of the hands of the insurance compa- Americans have come to understand to see a doctor in whom they have nies and put them back with patients that the health care system in this placed trust. That is precisely the kind and doctors where they belong. country is in a total state of disarray, of turmoil that Ellen O’Malley suffered The U.S. Senate should agree with if not crisis. It is a crisis of confidence. every single day of her illness. them. I believe it is vital for us to take It is a crisis of coverage, bought and Steve O’Malley remembers his wife up and pass meaningful patient protec- paid for with hard-earned dollars from hearing the promises from their HMO tions now, in this Congress. There are our fellow taxpayers, but a coverage when they were signing up, promising judges all across the country who have that seems to disappear when you need that she would undergo care with her watched in their courts as patients and it the most. doctor, Dr. Erban, who had treated her families, victimized by HMOs, come be- Our fellow citizens no longer believe for the past 10 years, and the promise fore them, to beg for restitution, for a that their insurance companies are pre- that she would be able to continue to fair shake in getting the health care July 21, 1998 CONGRESSIONAL RECORD — SENATE S8597 they were promised in the terms of the ment to the legislative appropriations ing equity on the part of our taxation policy that they purchased. Those measure. program, which is an insult to the val- judges were helpless because they Marriage penalty elimination means ues of America. I don’t know of any- didn’t write the laws that limit the that we simply want to stop penalizing place in the country you could go, or ability of working families to appeal people, tax-wise, because they are mar- any group of individuals you could talk the decisions by HMOs. ried. A cloture motion was filed be- to that would not tell you that the In Boston, we have a U.S. district cause the Democrats would not allow families of America are simply fun- judge, William Young, a Reagan ap- us to offer that amendment to this bill. damental, that if we have strong fami- pointee to the bench, who ruled on an Therefore, a vote against cloture is a lies in the next century, we are very HMO case not very long ago. vote for eliminating the marriage pen- likely to have a strong country. If we Judge Young knew the law and he alty tax. If we are not going to be able don’t have strong families, it is going knew that insurers could, in our cur- to offer this amendment to the bill, we to be very difficult for our country to rent structure, put paperwork and prof- will be back on other pieces of legisla- survive. it ahead of patients. He knew he could tion, because this issue of providing eq- I believe that when moms and dads, send a message to those of us who uity to people who are married, and re- as families, do their job, governing write the laws in this country. That is turning the hard-earned money of America is easy. If moms and dads why he wrote in his highly publicized American taxpayers is too important can’t do their jobs, if we pull the rug decision in Clarke v. Baldplate Hos- to ignore. out from under families and make it pital that ‘‘while the insurer’s conduct In 1948, President Harry Truman tough for them, governing America is extraordinarily troubling, even more called the Republicans in Washington a could well be impossible. The truth of disturbing to the court is the failure of ‘‘do-nothing Congress.’’ Now the Presi- the matter is that families mean more Congress to amend the laws.’’ Judge dent and Senate Democrats are resur- to America than Government means to Young was challenging us to act on be- recting Truman’s phrase. I don’t worry America, because the fundamental re- half of hundreds of thousands of fami- about being called a ‘‘do-nothing Con- straints of a culture, the values and lies left unprotected today. He had gress.’’ We have done plenty of things. precepts, are taught in families. never met Ellen O’Malley, but he chal- But if we tried to do nothing about Government can try to do all those lenged the Congress of the United taxes, that label just might stick. things. We have tried to replace fami- States to stand up for her. Last April, a group of like-minded lies with Government before. The tre- Mr. President, we have the Patients’ Senators and I stated our intentions to mendous failure of the social experi- Bill of Rights, S. 1890, which would pre- oppose the Senate budget resolution ment called the ‘‘Great Society’’ of the vent senseless tragedies in the health unless meaningful tax cuts were in- 1960s and 1970s told us that checks and care system from happening. Under our cluded. We were promised that elimi- Government programs weren’t sub- plan, Ellen O’Malley would have been nating the marriage penalty would be stitutes for moms and dads. They able to immediately appeal her insur- the Senate’s top tax priority for 1998. didn’t work. What we need to do is er’s rejection of her doctor’s prescribed Mr. President, today, the 21st day of make it possible for the culture to sur- treatment. Under our plan, the deci- July, there are less than 40 legislative vive and to thrive, for the culture to sion of Ellen O’Malley’s doctors would days left in this session of the Con- prevail and to stop penalizing the most have come first in the insurer’s deci- gress; yet, we are no closer to giving important institution in the culture— sions. There is little, obviously, we can the American people the tax cuts than the family. Durable marriages and do for the O’Malley family, except to we were 3 months ago. strong families are absolutely nec- perhaps in her memory pass a bill that We stand here in mid- to late-July essary if we are to succeed in the 21st will change the way in which all of with the real possibility that Congress century. these choices are made in the future. will not pass a budget reconciliation Starting in the sixties is when the We could pass a Patients’ Bill of and will not deliver on the tax cut marriage penalty became prevalent. Rights. The clock is ticking. I hope promise that was made to the Amer- For about 30 years, we have systemati- this Congress will do so in the next ican people. I think we ought to put cally penalized millions of people. The days. this into context. This isn’t a situation truth of the matter is that there are 21 I yield the floor. where cutting taxes would be a strain million couples—about 42 million tax- Mr. ASHCROFT addressed the Chair. or be difficult. To add insult to injury, payers—who collectively have paid $29 The PRESIDING OFFICER (Mr. last week the Congressional Budget Of- billion. It is so easy to forget how BROWNBACK). The Senator from Mis- fice indicated that there would be $520 much money a billion dollars is. A bil- souri is recognized. billion of surplus over the next 5 years. lion dollars is a thousand millions. Under the previous order, there are 22 Now, the $520 billion of surplus over Now, these 42 million taxpayers have minutes remaining on the time that the next 5 years would be $63 billion of collectively paid ‘‘29-thousand-million- was equally divided by a previous surplus in this year alone. dollars’’ more than they would have order. We have not asked for the Moon. We paid had they been single. That is an Mr. ASHCROFT. Mr. President, I ask have asked for a modest opportunity to average marriage penalty of about unanimous consent that we be able to cut and eliminate the marriage pen- $1,400 per family. Think of that. We go speak until 10 o’clock on the issue of alty. It would not take $520 billion. It into a family and, simply because the the marriage penalty. would not take $420 billion. It would mom and dad happen to be married in- The PRESIDING OFFICER. Without not take $320 billion. It would not take stead of single, we take $1,400 off their objection, it is so ordered. $220 billion. It would take about $1 out table; we take $1,400 out of that fami- f of every $5 that is to be provided in ly’s budget. These are not pretax dol- surplus, according to the Congressional lars, these are aftertax dollars. It ELIMINATION OF THE MARRIAGE Budget Office. So we are just asking would go right to the bottom line. PENALTY that the American people have the op- Think of what a family could do with Mr. ASHCROFT. Mr. President, we portunity to have, in return, $1 out of an extra $130 or $125 a month. Think of are here this morning—myself and sev- every $5 of surplus. This isn’t asking what it means to the family, the capac- eral other Senators—because the that we have massive, Draconian cuts, ity of that family to fend for itself and American people should experience a or that we displace some Government to be able to survive as a family. We tax cut before Congress gets its funding program—although there are plenty of are attacking that family. The policy for the year. Government programs I would be of America is attacking the principles We are here this morning to oppose happy to seek to displace. We are mere- of the American people. And it’s easy. cloture on the legislative branch appro- ly saying that, over the course of the We can do it. CBO has told us that we priations bill. On Friday, Senator next 5 years, some fraction—a minority are going to have five times as much BROWNBACK of Kansas, and I attempted fraction, as a matter of fact, not the money, or four times as much—a lot to enter into an agreement to offer the major portion of it—of this rather sub- more money—well, $520 billion extra. marriage penalty elimination amend- stantial surplus be devoted to provid- We said we have to have a minimum S8598 CONGRESSIONAL RECORD — SENATE July 21, 1998 $101 billion to begin this relief. That is away with the marriage penalty, one of $20,000 and $70,000 a year. They are two- five times as much as we have asked my Democrat colleagues said, ‘‘I would wage-earner families. So you are really for. Yet, we are so focused on providing be willing to do that if you offset it by talking about that group of young for the Congress, so focused on provid- doing away with the marriage bonus.’’ Americans just getting started, both ing for the legislative branch, and we He raised the question of the marriage working, both struggling, both trying are ignoring the people of America. bonus in the Tax Code. I told him I am to make this family go, and we actu- The families of America are more im- not about raising taxes. But I wonder if ally penalize them on an average of portant than the legislative branch of the Senator has thought about this $1,400 per year. My colleague is famil- Government. issue. Is there a marriage bonus that is iar with that. Also, this is a relatively As much as I think our country needs in the Tax Code? Is that something new tax. We have only put it on since the House and Senate, why we should that should be addressed? 1969. That was the year of Woodstock. I provide all the funding the House and Mr. ASHCROFT. Our Tax Code has don’t know if there is a significance to Senate need and not provide any of the and still operates in some instances to any of that, but perhaps this is now the relief that we have promised to the allow combining, by having a joint re- time that we should get away from American family, why we should con- turn, combined return, to have a lower that sort of penalty. tinue to attack the American family, is tax for married people, and that really I just was curious; I know my col- beyond me. Discriminating against results from the conscious decision we league knows of those statistics and Americans who wish to engage in mar- make to recognize the value to our cul- the importance of trying to help those riage is—well, it is just against every- ture of a stay-at-home spouse. It fo- struggling young families that are just thing we stand for. cuses attention on the children and now getting a foundation started for The penalizing of income at the says we ought to give some benefit their families. median- and lower-income levels is taxwise for doing that. And you do that Mr. ASHCROFT. I am aware of that. greatest for married households with by allowing the spouse who works to I thank the Senator from Kansas for dependent children. The obligation to attribute some income to the stay-at- the question. I am desperately aware of file a combined income means that the home spouse. it. This is the time when the stress on one spouse working to earn the second I don’t think there are very many of families is the hardest. If you look at half of the income is working largely us who are married who, when one or the things that break up families, if to feed Government coffers. Often the the other has had to stay at home, you go to data that tells us whether or couple would pay a lower percentage of doesn’t realize that the one who fo- not a family is going to make it past their income to the Government if one cuses on the homeplace and undertakes the threshold and be able to persist as of its spouses was not employed outside that responsibility is really responsible a strong family with the kind of dura- the home. The marriage penalty is a for income and is responsible for the bility that has the capacity to really grossly unfair assault on the bedrock benefit of the family. help our culture with the lasting rela- of our civilization—married couples. I believe that the ability to split the tionships of support that families Does the Tax Code really influence income so that you get to the lowest bring, one of the biggest items is finan- people’s moral decisions to prevent tax bracket is something that should cial problems. So here we have tender families at couples from getting married? Unfortu- be provided to everybody in marriage. I the very beginning, when they are nately, there are individuals who sim- wouldn’t call it a bonus as if it were struggling, they have kids, they are ply have gotten divorced, set aside giving something out. It is a recogni- torn between responsibilities at the their marriages, in order to avoid the tion of the value of the spouse who penalty that we impose for being mar- homeplace and the workplace, and stays at home and the contribution ried. Some couples even divorce and re- what do we do? Instead of easing that that spouse makes, not only to the marry to avoid paying the penalty. financial burden, we zero in. It is al- The Senator from Kansas brought up marriage and to the family but the most like these families are staggering an example last week of two econo- contribution they make to the coun- under the load they are bearing, be- mists who divorce and remarry every try. cause children are expensive, we know Most of the data we are seeing now year to avoid paying the higher taxes. that—it costs a lot of money to clothe about children—and I am sure my The facts point to tragic instances of them, feed them, provide for them friend from Kansas agrees with this where couples simply cannot afford to —and as they are struggling under that data and has witnessed the articles and get married because the Government is load, we come in and take another going to charge them $1,400 for the all the expounding—indicate that when $1,400 a year off their table, out of their privilege of being married. Sharon Mal- one of the spouses can stay at home budgets, out of their capacity to pro- lory and Darryl Pierce of Connorsville, and spend a lot of time with the chil- vide for their children. IN, were ready to get married when dren, it is a big investment in the chil- It is an anomaly. It certainly wasn’t they learned from their accountant dren and it results in children having something that I think the Congress that it would cost them $3,700 more a lower incidences of bad health and ever intended. I have absolutely every year. The amount results from the for- lower incidences of school failure, faith the Congress of the United States feiting of a tax refund check of $900 and dropout, lower incidences of juvenile did not intend to hurt families with the an additional $2,700 to be owed to the delinquency and all. So that kind of at- Tax Code. But it has kind of grown this IRS as a married couple. A growing tention from the family really is a so- way, and here is where we are. The number of married couples are in a cial benefit to the entire culture, be- question is not what we intended. The similar position according to a recent cause if there are fewer dropouts, it question is what we are going to do study by the nonpartisan Congres- means that your education system about this. Are we going to, at a time sional Budget Office. works better; if there is better health, of $520 billion of surplus, decide we (Mr. SMITH of Oregon assumed the it means the cost of the benefits of the would rather feed the bureaucracy than Chair.) health providers are lower; and if there relieve the families of America of this Mr. ASHCROFT. Now, the incentive is lower juvenile delinquency, it cer- burden? That is plain and simple. Are effects of the current Tax Code were tainly means we benefit. we going to have new programs and not intentional. I have to say this. I do Mr. BROWNBACK. If my colleague more Government or are we going to not believe that the Congress ever set will yield for another question, it have stronger families with less tax out—— seems the bonus is to America; it is not burden? Mr. BROWNBACK. Mr. President, necessarily to the married couple that Mr. BROWNBACK. If my colleague will my colleague from Missouri yield we are talking about in this. will yield, I would also note the indi- for a question? The other thing I would ask my col- viduals who have contacted various of- Mr. ASHCROFT. I would be most league about is, the marriage penalty fices around here signing on to this pleased to yield for a question from my that we are talking about affects near- very issue. This is a lady from Indiana colleague from Kansas. ly 21 million American families, most who said this: Mr. BROWNBACK. Last week when of them young, starting families. These I can’t tell you how disgusted we both are we put forward this notion of doing are all families that make between over this tax issue. If we get married, not July 21, 1998 CONGRESSIONAL RECORD — SENATE S8599 only would I forfeit my $900 refund check, we could sustain total relief for America’s By 1969, the magnitude of this subsidy had would be writing a check to the IRS for families by eliminating the marriage grown to such an extent that it was possible $2,800. Darryl and I would very much like to penalty—and it ought to be done. It for a single person to pay 40 percent more in be married, and I must say it broke our should provide individuals the oppor- taxes than a married couple with the same hearts when we found out we can’t afford to income. get married. tunity to say, ‘‘We will be married, we This led Congress to create, for married will have durable families,’’ and it This is from Indiana. and unmarried people, separate tax schedules This gentleman from Ohio said: should stop taking from families who [that were] designed to reduce the subsidy to are staggering under the tax load, it no more than 20 percent. I have been engaged to be married. My An unintended consequence of the 1969 law fiancee and I have discussed the fact we will should stop those families from being change was to create a marriage penalty for be penalized financially. We have postponed further injured when the Government the first time. the date of our marriage in order to save up comes and says, ‘‘We simply think we and have a running start in part because of are more important than you are,’’ es- Mr. DURBIN. Will the Senator yield this nasty unfair tax structure. pecially as it relates to the surplus for a question? Those are just two. And I have a money that is supposed to be here—as Mr. GRAMS. Go ahead. number of other letters of people say- a result of the hard work of the Amer- Mr. DURBIN. It is my understanding ing: ‘‘What is this? You guys are talk- ican people. I started to say this money that there are more couples who bene- ing about family values and you penal- is coming as a result of the Congres- fit from the Tax Code when they get ize us for getting married.’’ And par- sional Budget Office’s estimation. married than those who are penalized, ticularly the youngest couples just get- What arrogance that would be. We do is that correct? ting started. not bring money to Washington. Money Mr. GRAMS. I am not sure, but when All we are asking for today is to let comes to Washington because people you look at couples across the country us vote on this issue, and we are being work hard, because they are entre- who are unfairly paying $29 billion or blocked. I am asking people not to vote preneurs, because they get up early and 21 million couples across the country for this cloture motion, in order that stay up late—take care of their kids. who are unfairly paying about $29 bil- we can vote to do away with this ex- I thank the Senator from Kansas. I lion a year in taxes—if there are some traordinarily bad tax that is taxing know there are others here wishing to discrepancies, we should look at all of those fundamental family-building speak. I just say eliminating the mar- it. But what we should not do is penal- units, the marriage institution that we riage penalty is important to the fu- ize those families who are paying an need so much to be so much stronger. ture of the United States of America. average of $1,400 a year more, just be- Mr. ASHCROFT. I have to answer the We should vote against cloture because cause of the way the codes are set up. question of the Senator from Kansas in we need to have the opportunity to Mr. DURBIN. So, let me ask the Sen- the affirmative. I understand that. I provide this relief to America’s fami- ator a question. If the code, in fact, am aware of it, and I really think that lies. benefits more families who get mar- we have a chance to say to the Amer- Mr. GRAMS addressed the Chair. ried—in other words, their taxes go ican people: Look, we want to give you The PRESIDING OFFICER. The Sen- down—than those who are penalized by a wedding present. We would like to ator from Minnesota. getting married, the Senator from Min- say to you that we are no longer going Mr. GRAMS. Mr. President, I rise nesota is not suggesting that we want to make it tough on you if you do the this morning to support, in a small to change the code and make it so that most important thing to sustain this way, the efforts of my colleagues from it will be the opposite, is he? culture in the time to come. Kansas and from Missouri, talking Mr. GRAMS. No, I am not. What I I am a little distressed that this body about how to abolish the marriage pen- want to do is reduce the tax burden on does not want to let us confront that alty and help instill American values families all across the board, but to issue—I mean, there are Members of into the U.S. Tax Code. I applaud them start right away with what is the most the body who do not—and that cloture for their continual efforts to bring this unfair tax. would keep us from being able to make issue to the floor, to continue to talk Mr. DURBIN. I say to the Senator, I a priority the well-being of America’s about the need for us to take a very certainly support that. I think we did families, so we do not take care of our- hard look at this and hopefully create vote—did we not vote on this when it selves in the legislative appropriations the means of eliminating this very un- came to the tobacco legislation? Didn’t bill and ignore the families of America fair tax on American families. Senator GRAMM, from Texas, offer an with the elimination of the marriage Since the founding days of this Na- amendment on this marriage penalty? penalty tax. I hope Members of this tion, the family has always been con- Mr. GRAMS. Yes, it did pass. body will vote against cloture. Let us sidered to be the bedrock of American Mr. DURBIN. It did pass. And we vote so we have the possibility of ad- society, the first unit of Government. have already had a vote on this ques- dressing the needs of American fami- Strong families make strong commu- tion. And that became one of the bur- lies. nities, and strong communities are dens carried by the tobacco bill, if I am I, for one, commend the Senator from what has made a strong America. For not mistaken, was it not? Kansas for his outstanding effort in generations, our ancestors built this Mr. GRAMS. That was part of that this respect. At some point we simply country on that very foundation, and legislation. have to stop business as usual, continu- the Government respected that tradi- Mr. DURBIN. I would just say to the ing to tax these families, taking an av- tion by ensuring that its laws did not Senator as well, that I have listened erage of $1,400 a year off their tables, usurp the family role. carefully to the speeches and I marvel out of their budgets. When they sit Then how do we explain the existence at the suggestion that there are people down to figure out, ‘‘What can we of the marriage penalty, a piece of Gov- who are so much in love and ready to spend this year,’’ $1,400 is more than a ernment tax trickery that actually pe- get married, and next check that with vacation. Lots of families can take a nalizes couples who choose to commit accountants and decide not to. I little time off. But it may be school to a family through marriage? Let me haven’t run into those folks, but I am books, it may be school clothing, it read to you, this morning, from a study sure there are some out there like may have to do with whether they of the marriage penalty prepared by them. But I thank the Senator. can—well, I am sure there are many the National Center for Policy Analy- Mr. GRAMS. When my colleague says things that individuals look at, for sis. he hasn’t run into those folks, I have, $1,400 a year. Prior to 1948, the Tax Code made no dis- and I concur with what the other Sen- It is time for us simply to say: Before tinction between married couples and indi- ators said, that they have. I have had a we continue to balloon Government, viduals. In that year, Congress changed the number of couples come up to me, before we consume this $520 billion sur- law to allow income splitting. In effect, cou- whether at airports or at meetings or ples were taxed like two single taxpayers plus, before we rush to governmental- even if only one had earned income. The re- at other times, and tell me exactly the ize that, we should say at least some sult was to sharply lower taxes for married same thing the other Senators have portion of this, a modest portion, far couples. In short, a de facto subsidy for mar- said. They have actually planned less than half, far less than a third, riage was created. around this, whether they have delayed S8600 CONGRESSIONAL RECORD — SENATE July 21, 1998 the marriage for a year—I even had one Mr. BROWNBACK. Mr. President, Standing Rules of the Senate, do hereby elderly gentleman tell me he called his how much time is remaining? move to bring to a close debate on the legis- wife from the accountant, he was 79 The PRESIDING OFFICER. The Sen- lative appropriations bill: years old, and he said to his wife, ‘‘I ator from Kansas has 57 seconds. Trent Lott, Robert F. Bennett, Ted Ste- Mr. BROWNBACK. I want to explain vens, Don Nickles, Bill Frist, Jesse think we need to get a divorce.’’ She Helms, Pete Domenici, Richard Shelby, was kind of shocked by it and she said, to Members what is taking place here. Rod Grams, Kit Bond, Thomas A. ‘‘Why?’’ And he said, ‘‘Because we Yesterday I filed an amendment to the Daschle, Orrin G. Hatch, Larry Craig, would be much better off if we were fil- legislative appropriations bill that Strom Thurmond, Paul Coverdell, and ing single.’’ And then he went through would eliminate the marriage penalty Chuck Hagel. the explanation. we have been talking about this morn- CALL OF THE ROLL So this is not something that has ing. My amendment, which is being co- The PRESIDING OFFICER. By unan- gone by Americans, and especially fam- sponsored by several Senators, would imous consent, the mandatory quorum ilies, and especially dual-income fami- reinstate income splitting and provide call has been waived. lies. So I think there are many out married couples who currently labor VOTE there who are aware of this. When it under this Tax Code with some relief. I The PRESIDING OFFICER. The comes to a difference of $3,500 a year, tried to offer my amendment last Fri- question is, Is it the sense of the Sen- for those first years I think a lot of day with spending legislation that was ate that debate on H.R. 4112, the legis- families are thinking very strongly originally supposed to be debated. How- lative branch appropriations bill, shall about it. ever, because of objections from the be brought to a close? But just briefly, I want to wrap this Democrat side of the aisle to the unan- The yeas and nays are required. The up and give a couple of minutes to my imous consent request that would have clerk will call the roll. other colleagues here. But I just think, guaranteed a vote on eliminating the The legislative clerk called the roll. when we look at the numbers, Wash- marriage penalty, we have not been Mr. NICKLES. I announce that the ington created this ‘‘unintended con- able to get a vote on the elimination of Senator from Oklahoma (Mr. INHOFE) is sequence’’ within the Tax Code, that, the marriage penalty. necessarily absent. as I mentioned, penalized some 21 mil- Later in the day, another UC was The yeas and nays resulted—yeas 83, lion American couples to a tune of propounded that would have allowed nays 16, as follows: about $29 billion a year. I remember the Senate to move forward with the [Rollcall Vote No. 213 Leg.] President Clinton saying at a news legislative branch appropriations bill YEAS—83 conference not too long ago that he but without my amendment, and to Abraham Feinstein Lugar agreed this was an unfair tax, but he that UC I objected. Subsequently, the Akaka Ford Mack Baucus Frist McConnell also had to put in a qualifier, ‘‘But cloture motion was filed to bring de- Bennett Glenn Mikulski Washington cannot do without money. bate about tax relief to a close and Biden Gorton Moseley-Braun This $29 billion is too important for move forward with this legislation. Bingaman Graham Moynihan I am asking my colleagues today to Bond Gramm Murkowski Washington to give up.’’ In other Boxer Grams Murray words, we are willing, bottom line, to vote against this cloture motion so we Breaux Grassley Nickles impose an unfair tax on many of our can consider the marriage penalty that Bryan Gregg Reed American families just so Washington is being objected to by my colleagues Bumpers Hagel Reid on the other side of the aisle. Thank Burns Harkin Robb can have a few additional dollars—if Byrd Hatch Roberts you count $29 billion as a few addi- you, Mr. President. Chafee Hollings Rockefeller tional dollars—to have that at the end f Cleland Hutchison Roth Cochran Inouye Santorum of the year. CONCLUSION OF MORNING Collins Jeffords Sarbanes According to the CBO, couples at the BUSINESS Conrad Johnson Shelby bottom end of the income scale who Coverdell Kennedy Smith (OR) incur penalties paid in, on an average, The PRESIDING OFFICER. Under Craig Kerrey Snowe D’Amato Kerry Specter nearly $800. When we talk about low in- the previous order, morning business is closed. Daschle Kohl Stevens come and we want go give them a tax Dodd Landrieu Thomas break—they paid an additional $800 in f Domenici Lautenberg Thurmond Dorgan Leahy Torricelli taxes. That represented about 8 percent LEGISLATIVE BRANCH Durbin Levin Warner of their income. Repeal the penalty and APPROPRIATIONS ACT, 1999 Enzi Lieberman Wyden those low-income families will imme- The PRESIDING OFFICER. The Sen- Feingold Lott diately receive an 8-percent increase in ate will now resume consideration of NAYS—16 their income. the Legislative Branch Appropriations Allard Faircloth Sessions So my constituents have been very bill, which the clerk will report. Ashcroft Helms Smith (NH) clear on this issue. As I mentioned, The legislative clerk read as follows: Brownback Hutchinson Thompson many have come and talked to me. Campbell Kempthorne Wellstone A bill (H.R. 4112) making appropriations Coats Kyl Many have written letters. One wrote: for the Legislative Branch for the fiscal year DeWine McCain This tax clearly penalizes those who marry ending September 30, 1999, and for other pur- NOT VOTING—1 and are trying to possibly raise a family by poses. Inhofe working two jobs just to make ends meet. The Senate resumed consideration of Our tax laws need to give the proper incen- the bill. The PRESIDING OFFICER. On this tives encouraging marriage and upholding Pending: vote the yeas are 83, the nays are 16. its sacred institutions. Three-fifths of the Senators duly cho- McCain amendment No. 3225, to make Mr. President, I couldn’t agree more. available on the Internet, for purposes of ac- sen and sworn having voted in the af- Also, we began to add some real re- cess and retrieval by the public, certain in- firmative, the motion is agreed to. form last year with the passage of a formation available through the Congres- AMENDMENT NO. 3225 $500-per-child tax credit. It is a small sional Research Service web site. The PRESIDING OFFICER. The step, but in the right direction. This CLOTURE MOTION pending business is amendment No. Congress should do everything in its The PRESIDING OFFICER. Under 3225 by the Senator from Arizona, Sen- power to promote family life, to return the previous order, pursuant to rule ator McCain. the family to its rightful place as the XXII, the Chair lays before the Senate Mr. BENNETT addressed the Chair. center of American society. Whether the pending cloture motion, which the The PRESIDING OFFICER. The Sen- lawmakers intended it or not, Congress clerk will report. ator from Utah. created the marriage penalty and it The assistant legislative clerk read POINT OF ORDER rests on Congress to take it back. as follows: Mr. BENNETT. Mr. President, I raise I yield the floor. CLOTURE MOTION a point of order that the pending The PRESIDING OFFICER. The Sen- We, the undersigned Senators, in accord- McCain amendment is not germane ator from Kansas? ance with the provision of rule XXII of the post-cloture. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8601 The PRESIDING OFFICER. The Mr. HELMS. Mr. President, are we which is the home of Richard Petty. amendment proposes new subject mat- now in morning business? And anybody who does not know who ter not dealt with in the underlying The PRESIDING OFFICER. No. The Richard Petty is, see me after I finish bill and therefore is not germane and Senator needs to make that request, if these remarks and I will fill them in on falls for that reason. he wishes. who Richard Petty is. Mr. BENNETT. Mr. President, I know f In February of this year, after a 7- of no further amendments or debate at year court battle, the Supreme Court MORNING BUSINESS this time. I ask the Chair to put the handed down its decision on the case question before the Senate, and I ask Mr. HELMS. Mr. President, I ask titled National Credit Union Adminis- for the yeas and nays. unanimous consent that we now begin tration v. First National Bank & Trust The PRESIDING OFFICER. Is there a a period for morning business to be Co., which was a lawsuit involving sev- sufficient second? concluded at 12 o’clock noon. eral North Carolina financial institu- There is a sufficient second. The PRESIDING OFFICER. Is there tions. The yeas and nays were ordered. objection? It may be that a bit of history will be The PRESIDING OFFICER. The Without objection, it is so ordered. useful at this point. Credit unions, as question is on the engrossment of the Mr. HELMS addressed the Chair. clarified in the preamble of the Federal amendments and third reading of the The PRESIDING OFFICER. The Sen- Credit Union Act of 1934, were created bill. ator from North Carolina. by Congress ‘‘to make more available The amendments were ordered to be Mr. HELMS. I ask unanimous con- to people of small means credit for engrossed and the bill to be read a sent that I be recognized for no more provident purposes.’’ third time. than 20 minutes. In order to serve these individuals of The bill was read a third time. The PRESIDING OFFICER. Is there ‘‘small means,’’ credit unions were The PRESIDING OFFICER. The bill objection? awarded back then specific benefits having been read the third time, the Without objection, it is so ordered. that others did not have in connection question is, Shall the bill pass? The Mr. HELMS. I thank the Chair. with their carrying out a clearly de- yeas and nays have been ordered. The f fined purpose, which was to provide es- clerk will call the roll. CREDIT UNION MEMBERSHIP sential basic financial services. Now then, these benefits, including The legislative clerk called the roll. ACCESS ACT Mr. NICKLES. I announce that the exemptions from Federal taxes and the Senator from Oklahoma, [Mr. INHOFE], Mr. HELMS. Mr. President, I have extraordinarily burdensome Commu- is necessarily absent. asked for this time this morning be- nity Reinvestment Act, CRA, as it is The result was announced—yeas 90, cause this is the last week I will be known around this place—have enabled nays 9, as follows: here for a while. As of a week from the credit union industry to serve their [Rollcall Vote No. 214 Leg.] today, I will have traded in my 1921 customers with a marketplace advan- knees for some 1998 models. And during YEAS—90 tage—very clearly an advantage—not the time that I will be absent, the cred- allowed to other insured depository Abraham Ford Mack it union issue will come up before the Akaka Frist McCain competitors which must pay taxes and Bennett Glenn McConnell Senate. Now, I could duck the issue which must abide by complex Federal Biden Gorton Mikulski and probably make out all right, but I regulations, which credit unions do not Bingaman Graham Moseley-Braun do not operate that way, and I feel I Bond Grams Moynihan have to do. Boxer Grassley Murkowski should not merely lay out for the In the early 1980s, the National Cred- Breaux Gregg Murray record my views about this piece of leg- it Union Administration used its regu- Bryan Hagel Nickles islation, but I should speak them pub- latory power for significant alteration Bumpers Harkin Reed licly so that they can be known. Burns Hatch Reid and expansion of the original intent of Byrd Helms Robb Mr. President, I suspect that most, if the Federal Credit Union Act. Campbell Hollings Roberts not all, Senators will agree that a cer- Specifically, in 1982, the NCUA al- Chafee Hutchinson Rockefeller tain type of democracy has, without lowed credit unions to expand their Cleland Hutchison Roth Coats Inouye Santorum question, been at work in terms of the memberships to include multiple em- Cochran Jeffords Sarbanes astounding number of postcards and ployer groups, an action which effec- Collins Johnson Sessions letters, faxes, telephone calls, et tively eliminated the meaning of the Conrad Kempthorne Shelby cetera, et cetera, et cetera, from rep- Coverdell Kennedy Smith (OR) common bond. This, in fact, was the Craig Kerrey Snowe resentatives of the credit union indus- precise holding of the Supreme Court’s D’Amato Kerry Specter try at all levels. It would be an under- February 1998 decision. Daschle Kohl Stevens statement, in fact, to describe the del- When this debate started, some DeWine Landrieu Thomas Dodd Lautenberg Thompson uge as merely an impressive campaign. shrewd Washington lobbyists—and that Domenici Leahy Thurmond It is far more than that. is about the best I can describe them— Dorgan Levin Torricelli I have been around this place for these lobbyists circulated the notion Durbin Lieberman Warner quite a while, and I have spent many Enzi Lott Wellstone that the Supreme Court’s intent was— Feinstein Lugar Wyden hours meeting with citizens on both now get this, Mr. President—the intent sides of the credit union legislation of the Supreme Court, they said, was to NAYS—9 that the Senate will shortly consider. I kick people out of their credit unions. Allard Brownback Gramm have seen North Carolinians who sup- Ashcroft Faircloth Kyl But what happened? Credit union Baucus Feingold Smith (NH) port H.R. 1151, the Credit Union Mem- members promptly began calling and bership Access Act, and I have seen and writing to me, and all other Senators, NOT VOTING—1 visited with North Carolinians who are I am sure, pleading with us to protect Inhofe opposed to it. their right to remain members of their The bill (H.R. 4112), as amended, was In any case, the supporters of this credit unions. passed. bill are an important segment of our Mr. President, that of course never Mr. HELMS. Mr. President, I move to community. Credit unions provide was in doubt, and these lobbyists knew reconsider the vote by which the bill basic, efficient, and affordable finan- it. But they struck fear in the hearts of was passed, and I move to lay that mo- cial services. And I have to say for the the credit union members; hence the tion on the table. record that North Carolina’s credit deluge of telephone calls and faxes and The motion to lay on the table was unions do good work in providing for letters and visits and all the rest of it. agreed to. the needs of countless of their fellow In no way—let me say this as plainly Mr. HELMS addressed the Chair. hard-working Tar Heels. as I can—in no way will these member- The PRESIDING OFFICER (Mr. Mr. President, it may be of interest ship rights be revoked from citizens HUTCHINSON). The Senator from North to Senators from other States that this who were credit union account holders Carolina. debate began in Randolph County, NC, prior to the February 25, 1998, Supreme S8602 CONGRESSIONAL RECORD — SENATE July 21, 1998 Court decision. I hope I have nailed Larger credit unions have used this long as credit unions are required to down that falsehood pretty well. newfound freedom to an advantage at live under the very same tax structure Parenthetically, Mr. President, it the expense of their financial competi- and the very same regulatory morass should be made clear that such revoca- tors. that America’s small community tion has never—never—been remotely This legislation—and the name of it, banks and small town bankers live considered by anybody. It would have just for the Record, is the Credit Union with every day. been fundamentally unfair for anybody Membership Access Act; the number is Let me be clear, as I wind up, that I to even think of it. It should also be H.R. 1151—this legislation proposes to oppose both higher taxes and burden- emphasized that the banking industry codify, to place into law, the NCUA some regulation. If Congress chooses to is unanimously supportive of the posi- 1982 regulatory interpretation and allow credit union growth without tax- tion that it would be unfair. thereby invite another major expan- ation and without costly regulations, Mr. President, I am persuaded that sion of the credit union industry. H.R. then let’s be fair and do the same for many Senators may have been incor- 1151 proposes to authorize multibonded America’s community bankers, the rectly persuaded by the deluge of con- credit unions to bring in groups of up small bankers who are competing for tacts with their constituents that to 3,000 members—a number, by the the same core of business without the small bankers are attempting to take way, which NCUA can waive at its dis- benefit of a Federal subsidy paid by the away the account rights of credit union cretion—and would effectively allow American taxpayer. members, which, in fairness, Mr. Presi- credit unions to target every entity in It is unfortunate that the debate on dent, is an absolute falsehood, and even the United States. this legislation up to now has pitted the lobbyists who contend otherwise Now, the Bureau of the Census has the banking interests versus the inter- are bound to have known and know to declared that 99.9 percent of the busi- ests of the credit union industry. The this moment that it is false. nesses in the United States employ debate should be about the willingness Let the record be clear, nobody—no- fewer than 3,000 workers. So you see of Congress to provide a level and fair body—has a membership in a credit the practical effect of allowing multi- playing field for all financial interests. union where that membership depends bonded credit unions to bring into Is it equitable for credit unions, com- on passing legislation that will allow their membership groups which have prised of countless hundreds of groups the unrestrained expansion of credit less than 3,000 members would effec- and assets in the billions, to have a unions. tively repeal all limits of expansion on competitive advantage over small Now, the fact is, most traditional the credit unions which pay no taxes. bankers who are competing for the credit unions were not, nor ever will In summary, H.R. 1151, the Credit same business? I am convinced the ob- be, affected by the Supreme Court deci- Union Membership Access Act, soon to vious answer to that is no. Unless and sion of last February. The fact is, in be the pending business in the Senate, until this becomes a debate about fair- that decision the Supreme Court sup- is a long way from the original concept ness in the marketplace instead of a ported the original statutory intent of and intent of the very clear common politically expedient response to a the Federal Credit Union Act of 1934 bond. According to the NCUA, to qual- shrewd and energetic lobbying cam- that credit unions must have a com- ify for this tax-subsidized service—and paign, I cannot and will not support mon bond, that is to say, some reason that is what it is—one would simply such misguided and tragically mis- to be considered as a group. In fact, the have to walk in and sign up. It follows understood legislation. Court was unanimous in its interpreta- that many credit unions are moving In closing, a few personal observa- tion of the law, identical in effect to beyond their original purpose of aiding tions: Earlier, I mentioned the enor- the way it was written way back in individuals of ‘‘small means’’ with mous public relations campaign crafted 1934. basic services. In fact, already such by lobbyists for the credit union indus- All right. You see, Mr. President, things as professional sports teams, try. I am confident that every Sen- most credit unions operate under the yacht clubs, law firms, country clubs, ator’s office has experienced this full definition of a ‘‘common bond,’’ as was and many, many others now have their court press. clearly the intent of the Federal Credit own credit unions. I suggest that this This past week, in fact, a rally was Union Act. exceeds any rational definition of indi- staged right here on Capitol Hill by Mr. President, most credit unions viduals living by ‘‘small means.’’ several thousand credit union support- will continue to operate and the mem- In all fairness, the reason I am here ers who had been brought to Washing- bers will continue to benefit from their this morning is H.R. 1151 does not qual- ton to demand immediate passage of regulatory tax-exempt status—taxes ify as simply a pro-credit union bill. It H.R. 1151, without amendments. that their competitors have to pay. is really, if you want to call it what it Now, I am genuinely impressed by Now, the point is unmistakably is, an anti-competitiveness bill. If Con- the willingness of the credit union in- clear. The only credit unions affected gress wants to alter the intended di- dustry’s supporters to travel to Wash- are credit unions that have expanded, mensions of credit unions, Congress ington to express their support for H.R. in clear violation of the Federal Credit should be willing to say so clearly and 1151. However, I must question the ac- Union Act of 1934 which the Court not hide behind the guise—and that is tions of some of the lobbyists who upheld this year. The violation of this what it is—that the intent of the soon- staged this demonstration on the Cap- Federal Credit Union Act has been to-be pending legislation is to protect itol steps and used distortion and half- done in several ways—primarily by the credit unions following the Supreme truths and even untruths to get their unlawful inclusion of hundreds of Court’s ruling. message across. This undermines the groups, large and small, and thousands Now, then, in realty, Congress is set- integrity of the people who they pur- upon thousands of employees of these ting the stage for the expansion and port to represent. I hope in the future hundreds of groups. growth of the credit union industry they will use greater care in represent- Now, the change in the National into thousands upon thousands of new ing their constituencies. Credit Union Administration regu- markets well into the 21st century, So this debate boils down to an issue latory policy launched the credit union while continuing to be exempt from of fairness. Most Senators, including industry into an era of unprecedented paying the Federal taxes that the com- myself, have friends on both sides. I growth. For example, in the 8 months petitors down Main Street have to pay. take great care in trying to ensure following the regulatory change, one If the credit union industry wants to that the small guy, whether he is a credit union added more than 1,000 dif- expand its presence in the financial bank customer or a credit union mem- ferent groups. That was done in less marketplace and increase its ability to ber, is given a fair and equal deal, the than 8 months’ time. offer various services to more and more level playing field that we so often No longer were credit unions required groups—in short, if they want to oper- hear so much about. This bill does not to represent groups of individuals with ate like community banks—I commend represent a level playing field. Con- common workplace or geographic in- their ambition because I believe that gress amended the Federal Credit terests, but hundreds of unrelated the banking industry will and should Union Act in 1937 to give tax-exempt groups not joined by any commonality. welcome them into the marketplace as status to federally chartered credit July 21, 1998 CONGRESSIONAL RECORD — SENATE S8603 unions to serve a narrow purpose, not and extraordinarily important. I would Too often we have been quick to to give a distinct market advantage like to take a few minutes to speak point out the shortcomings and imper- over their competition with the small about the relationship between our fections of the Yeltsin government and bank down the street. country and the new Russia. of Russia—and as recent questions re- Now, it must be said that many cred- United States-Russian relations garding Russian assistance to the Ira- it unions such as the U.S. Senate Fed- today stand at a critical juncture. It nian missile program indicate, there is eral Credit Union, right here on Capitol has been almost a decade since the end some reason for deep concern. Hill, have used this advantage judi- of the cold war, and although we have I am fully supportive of the Presi- ciously in serving their clearly defined made great strides in reestablishing dent’s decision last week to sanction customer base. the friendship that characterized rela- nine Russian companies for coopera- The employees of the Senate are tions between our two countries in the tion with Iran. In my mind, Russia’s their customer base. They won’t lose recent past, we have yet to establish assistance to Iran indicates just how their membership. Nobody is about to the basis for the kind of partnership far Russia has yet to travel if it wants lose their membership. That is all hog- that is adequate to guide our two na- to be a full partner with the United wash. Unfortunately, too many other tions into the next century. States in the international commu- large credit unions have expanded the The Russian Federation is nearly nity. But I must also note that the co- reach of their tax-exempt status far be- twice the size of the continental United operation that Russia now provides is a yond the original congressional in- States. It covers 11 time zones, with a welcome reversal of its stance of a few tent—extending their Government-sub- population of close to 150 million peo- years ago. I hope that this new level of sidized services to include hundreds ple. Lest we not forget, Russia is a cooperation is a major harbinger of upon hundreds of unrelated groups and country with a nuclear arsenal capable things to come. businesses. of annihilating the Earth many times Indeed, for those who care to look, I say again, as a result of this tax- over. there have been many positive develop- free status and their exemption from Few countries on this Earth have un- ments in Russia over the past years— Federal regulations that require other dergone the sort of wrenching political, positive developments that include financial institutions to reinvest in economic, and social transformation President Yeltsin’s constitutionally based election and reelection in 1996, low-income areas, credit unions are that Russia is now going through. the defeat of hyperinflation, the end of able to offer deals on loan rates and While China has moved slowly and the war in Chechnya in 1997, the sign- checking accounts that most commu- carefully to release centralized control ing of the NATO-Russia Founding Act, nity banks simply cannot match. over its economy, the Russian model and successful Russian participation in It gives me no pleasure to stand here has moved rapidly, in a macro way, to joint peacemaking operations in Bos- and take this stand, Mr. President. I embrace both economic and social de- mocracy. nia. could have kept silent and gone on Russia has also made enormous Today, Russia remains fragile. The down to North Carolina to have my strides in integrating into global eco- United States has a huge stake in what sore knees fixed. But I am obliged to nomic and regional economic institu- happens now. Our goal must be to see say, in conclusion, that if we allow tions, including the World Bank, the that Russia remains a stable, modern credit unions to expand tax free and International Monetary Fund, the state, democratic in its governance, act more and more like banks, then we ASEAN Regional Forum, the Council abiding by its constitution and its should at least try to ensure that there of Europe, the Paris Club, and more. laws, market-oriented and prosperous is a level playing field for all similar fi- Russia has strengthened its ties to the in its economic development, at peace nancial institutions. If we tax the European Union and is active in the with itself and with the rest of the banking industry, the small bankers, United Nations and Organization for we should tax the credit unions—but I world. A Russia that reflects these as- Security and Cooperation in Europe. don’t think we should tax either one of pirations is likely to be part of the so- That is not to say Russian reform has them. If we are to force banks to func- lution, rather than part of the problem, scored a knockout blow against crime tion under burdensome community re- to world peace. and corruption, or that the Russian investment regulations, shouldn’t we Conversely, a Russia that erects bar- economy is home free. In fact, the cur- support equally demanding regulations riers against what it sees as a hostile rent economic crisis and resulting po- for credit unions? Is this not, in the world, that believes the best defense is litical instability presents the new de- final analysis, just an issue of fairness? a good offense—such a Russia could be mocracy with its greatest challenge to It would be simpler and easier for me in the 21st century just as it was for date. to keep silent, but my conscience much of the 20th century—one of the The package agreed to last week by would not let me do so. I cannot engage biggest problems the United States and Russia and the International Monetary in that luxury. I felt obliged to take the rest of the world will face. Fund provides significant funding, we my stand and I have done so. Russia may be down as a major hope, to stabilize the Russian economy, Thank you, Mr. President, I yield the power, but it is far from out. Although and it contains major fiscal reform ele- floor. it is all too easy for some to look at ments, including tax reform, some of Mrs. FEINSTEIN addressed the Russia today and conclude that it is which are going to be put in place, as Chair. not a country that demands attention well as far-reaching structural reforms The PRESIDING OFFICER. The Sen- as a top U.S. foreign policy priority, to increase growth and free-market ator from California is recognized. that, in my mind, would be a grievous competition. It represents an impor- Mrs. FEINSTEIN. Mr. President, I error in judgment. To place United tant pledge by Russia to continue the ask unanimous consent for 15 minutes States-Russian relations in a second- development of a free-market democ- to speak in morning business. ary category of concern is a surefire racy, and it is an important vote by The PRESIDING OFFICER. Without recipe for disaster. The United States the international community in the objection, it is so ordered. has an enormous stake in the outcome importance of this new Russia. f of the present Russian struggle for de- Russia may still be struggling, but it mocracy and free markets. is my belief that it is on the cusp of a UNITED STATES-RUSSIAN I believe that it is in Russia’s own in- constructive interaction in the inter- RELATIONS terests to conduct a concerted effort national community as a democracy. Mrs. FEINSTEIN. Mr. President, at against the antidemocratic forces and This must be encouraged. As one ana- the end of this week, Vice President the ultra nationalistic ones, against lyst wrote about World War II era Ger- GORE is scheduled to depart for Moscow crime and corruption and, yes, against many and Japan, ‘‘There are no dan- to conduct meetings in preparation for old Soviet attitudes and habits. This is gerous peoples; there are only dan- a summit meeting between President the course which the government of gerous situations, which are the result, Clinton and President Yeltsin in Sep- President Yeltsin has undertaken, and not of laws of nature or history, or of tember. I believe this meeting and the he has done it despite many impedi- national character or charter, but of future summit is really long overdue ments that still stand in the way. political arrangements.’’ S8604 CONGRESSIONAL RECORD — SENATE July 21, 1998 In Russia today, there is a growing None of this will be easy and all of it CONCLUSION OF MORNING ultranationalism which represents a will require sustained effort. To that BUSINESS major threat to its progress as a de- end, the Vice President’s trip this week The PRESIDING OFFICER. The Sen- mocracy, and we must be cognizant of is a first major step. And to that end ator from New Hampshire. that. also, I hope to be able to work with the Mr. GREGG. Mr. President, I don’t It will take courage for Russia to chairman and ranking member of the foresee there is any additional morning look to the future positively, to aban- Foreign Relations Committee of this business to come, so I ask unanimous don obsolete thinking, to reassess its body to conduct hearings to examine consent the period for morning busi- national security needs and interests the nature and future direction of ness be brought to a close. in light of new alliances. It will require United States policy toward Russia. The PRESIDING OFFICER. Morning a high level of determination and hard From these hearings I hope we can de- business is closed. work by our country to work with Rus- velop legislation to address United f sia to develop these institutions, insti- States policy in the areas I have out- DEPARTMENTS OF COMMERCE, tutions which can encourage the lined above, and to strengthen United JUSTICE, AND STATE, THE JUDI- growth of democracy and free markets States-Russian ties in an appropriate CIARY, AND RELATED AGENCIES and lead to a more stable and coopera- way. tive and prosperous new Russia. I deeply believe that this relationship APPROPRIATIONS ACT, 1999 But if future generations are to be needs the most intensive concern and The PRESIDING OFFICER. The spared the danger, the expense, and the interaction at the present time. We clerk will report the pending business. terror faced by my generation in deal- must give Russia both time and oppor- The assistant legislative clerk read ing with Russia, if we are truly to reap tunity to consolidate the reforms that as follows: the benefits of the end of the cold war, constitute the good news of the past A bill (S. 2260) making appropriations for we cannot stand by and wait to see few years, to work with them to beat the Departments of Commerce, Justice, and whether democracy and free markets State, the Judiciary and related agencies for back the forces that threaten this the fiscal year ending September 30, 1999, and will survive in Russia. progress, and to assist them to become for other purposes. In more concrete terms, I believe a stable, prospering, democratic repub- that the time is ripe for a full-scale, The Senate resumed consideration of lic which can be a partner for world the bill. high-level, new initiative towards Rus- peace in the next century. The PRESIDING OFFICER (Mr. SES- sia as we approach the 21st century. I thank the Chair and I yield the SIONS). The Senator from New Hamp- The Vice President’s trip and this floor. shire. September’s summit, I hope, will con- Mr. CRAIG addressed the Chair. Mr. GREGG. Mr. President, let me tribute greatly toward this process, but The PRESIDING OFFICER. The Sen- begin to address this issue. I know Sen- the Senate bears a special responsibil- ator from Idaho. ator HOLLINGS is on his way to the ity for the conduct of our Nation’s for- (The remarks of Mr. CRAIG pertaining floor, the ranking Democrat, who has eign policy. We must play a role, too. to the introduction of S. 2337 are lo- worked so conscientiously on this, This initiative, I believe, should cated in today’s RECORD under ‘‘State- along with his staff and my staff. This focus on ways in which the United ments on Introduced Bills and Joint is the appropriations bill which covers States can work effectively with the Resolutions.’’) some very core agencies that the Fed- new Russia to strengthen and encour- f eral Government has responsibility for, age democratization; to support efforts specifically areas of Justice, things by the IMF and the international com- HONORING THE DRAKES ON THEIR 50TH WEDDING ANNIVERSARY like the FBI, the DEA, the INS; areas munity to assist Russia’s economy to within Commerce—many areas, of make the full transition to free mar- Mr. ASHCROFT. Mr. President, fami- course, are covered by the Commerce kets; to examine and revise outdated lies are the cornerstone of America. In- Department including, of course, the legislation which has created road- dividuals from strong families contrib- census issue. Equally important, in blocks and bottlenecks in United ute to society. In an era when nearly fact more important in many ways are States-Russian relations and which half of all couples married today will ITA and NOAA, two agencies that deal place United States firms doing busi- see their union dissolve into divorce, I with the manner in which the U.S. ness in Russia at a competitive dis- believe it is both instructive and im- economy functions and the manner in advantage; to provide help in the fight portant to honor those who have taken which our environment is reviewed. We against corruption and organized seriously the commitment of ‘‘till try to stay ahead of weather condi- criminal enterprise in Russia; to expe- death us do part’’, demonstrating suc- tions. dite existing United States resources cessfully the timeless principles of In addition, this bill has the State now available through OPIC, the love, honor, and fidelity. These charac- Department—obviously the State De- Eximbank, and other financial institu- teristics make our country strong. partment is a core function of the Fed- tions through the development of fast- For these important reasons, I rise eral activity—and the judiciary, which track type programs which cut red today to honor Elsie and David Drake is the third branch of the Government, tape for worthy business projects and of Springfield, Missouri, who on July that is also under this bill, along with investments; to encourage and expand 26, 1998, will celebrate their 50th wed- a number of independent agencies, existing academic, cultural, and other ding anniversary. Many things have agencies like the FCC and the FTC and exchange programs, including those be- changed in the 50 years this couple has the Small Business Administration. So tween the Congress and the Duma been married, but the values, prin- this is a bill that has broad reach and which aim to support Russia’s reform- ciples, and commitment this marriage is a very significant item for the Sen- ers; and, finally, to work to fully inte- demonstrates are timeless. As this cou- ate to take up. grate Russia as an equal partner in the ple celebrates their 50th year together This funding bill has been put to- international political, economic, and with family and friends, it will be ap- gether as a result of the hard work of security institutions. parent that the lasting legacy of this a lot of people. I especially thank my We must understand how the right marriage will be the time, energy, and ranking member, Senator HOLLINGS, kind of foreign assistance can play a resources invested in their children, whose input and assistance is always crucial role in assuring Russian eco- church, and community. My wife, invaluable on this issue. His back- nomic growth and vitality. And we Janet, and I look forward to the day we ground and knowledge of the questions must understand how our assistance celebrate a similar milestone. which are raised on this bill are ex- can help create the ability for Russia The Drakes exemplify the highest traordinary. I look to him for advice to consolidate its gains and provide the commitment to the relentless dedica- and counsel on many issues. When we opportunity for Russia to work out its tion and sacrifice. Their commitment agree, we make great progress, which national identity and destiny in ways to the principles and values of their we have on this bill. This bill was re- which will complement American in- marriage deserves to be saluted and ported out of the committee unani- terests. recognized. mously. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8605 In addition, I thank my staff which Nation are also a concern of ours. Ac- lion to expand the Youth Gang Pro- has worked so hard, and minority staff cording to the National School Safety gram and $95 million for incentive which has worked so hard, and the Center, 25 students have been killed in grants for local delinquency programs, other members of the committee. U.S. schools since January 1 of this including $25 million to enforce under- PRIVILEGE OF THE FLOOR year. This is the same number of stu- age drinking laws. Mr. GREGG. During the pendency of dents who were killed for the full 1996 Most of the programs I have men- this bill, I ask unanimous consent floor school year, but in half the time. tioned are prevention programs to privileges be made available to Jim For this reason, the Senator from work with youth, but there is more to Morhard, Paddy Link, Kevin Linskey, South Carolina and I created a new this process. The committee, with help Carl Truscott, Dana Quam, Vas Safe Schools Initiative which provides from the chairman of the Judiciary Alexopoulos, Kris Pickler, Lila Helms, $210 million to introduce a positive law Subcommittee on Youth Violence, Emelie East, Dereck Orr, and Virginia enforcement presence in our school added $100 million for the juvenile ac- Wilbert. systems. By working together with countable incentive block grant. These The PRESIDING OFFICER. Without educators and local communities, we funds will go towards functions that objection, it is so ordered. believe law enforcers can find ways to are in place to emphasize accountabil- Mr. GREGG. That request also in- stop the escalation of murders and vio- ity to juveniles after they have com- cluded members of the minority staff. lence in our schools. The funding is mitted crimes, such as detention facili- Mr. President, this bill, S. 2260, is, as found in three Department of Justice ties and probation officers. I mentioned, a bipartisan bill. It was accounts: $175 million from Community The committee recommends an in- reported out of committee unani- Orientated Policing (COPS) for addi- crease to $282 million for the Violence mously. It is a bill that allocates $33.2 tional officers; $25 million for the Juve- Against Women Program. According to billion for fiscal year 1999. The bill pro- nile At-Risk Children’s Program for the Justice Department, violence by an vides $1.1 billion more than was spent prevention efforts; and $10 million from intimate accounts for 21 percent of the on these agencies last year. I will ex- the National Institute of Justice to de- violent crime experienced by women. plain the reasons for those increases as velop new, more effective safety tech- Our legislation increases the number of we go on. It is $3.6 billion less than nologies. These funds will be used by law enforcers and prosecutors who will what the President requested. local law enforcers in partnership with address these crimes. Our intent is to It is a lean bill. There were difficult schools and communities to develop develop and implement effective arrest decisions that had to be made. But the programs to improve safety in our and prosecution policies in order to legislation supports the core functions schools. provide better handling of crimes which are required of these agencies I congratulate and appreciate the against women. Women ages 16 to 24 while improving a number of activities support of the Senator from South experience the highest per capita crime pursued by these agencies. Carolina in developing this new initia- rates of intimate violence. Therefore, We provide $17.8 billion for the Jus- tive. Our intention is to provide edu- the committee is providing $10 million tice Department. This includes funds cators with the means to improve hos- within the funding level for the preven- to combat terrorism, violence against tile environments. We must make sure tion of violence on college campuses. women and children, illegal drug run- that violence does not become a com- By doing so, we will be helping the ning, and cybercrime, along with many monplace event in our school systems. women who are most at risk. other worthwhile programs. In addition to this new Safe Schools Many of our colleagues are familiar I am proud to say the committee in- Initiative, we fund many of the out-of- with the story of Megan Kanka who cluded a total of $17.2 million to bolster school programs for children that will was killed by her neighbor, a convicted programs that help law enforcers find likely be familiar to you. We increase sex offender, in New Jersey in 1994. and care for missing children. This bill funding for the Boys and Girls Clubs of Congress subsequently passed Megan’s furthers our goals of making commu- America, for the Big Brothers/Big Sis- law that asks States to require its vio- nities safer for our children. ters program which brings young peo- lent sex offenders to register their ad- You may recall last year the commit- ple together with responsible adults dress with government officials upon tee increased funding for the FBI and willing to serve as long-term mentors. their release from prison. To further the National Center for Missing and These programs give students positive this effort, this bill contains $25 mil- Exploited Children to prevent the use reinforcement while expanding their lion for the National Sex Offender Reg- of the Internet to exploit children. horizons while taking up those hours of istry to identify, collect, and exchange Based on the follow-up hearings we the day when students are most at risk sex offender data from the States held this year, I believe those funds —the time right after school. through an automated registry. have been put to good use. The Center There are prevention programs, such Further, the bill includes $45 million was involved in recovering 4,878 chil- as the National Crime Prevention to assist States in improving the auto- dren this year with an overall recovery Council, whose well known mascots of mation, accuracy, and completeness of rate of 90.3 percent. The Center in- McGruff and Scruff make learning safe- criminal history records. This will fa- creased the hours of operation for their ty tips fun, or Parents Anonymous cilitate the exchange of interstate in- phone tip hotline and created a web which advocates prevention of child formation. site on the Internet for public use. The abuse and which will be creating an im- In addition, we add money for the hotline, in conjunction with the web mediate-response system with the fis- DNA programs so that States will be site, should lead to more pedophile ap- cal year 1999 funding. able to communicate effectively with prehension. The Center also provides Many States have youth programs each other on the issues of DNA. special training for local law enforce- tailored to their communities, and The balance that we tried to reach ment people at the Jimmy Ryce Law these communities may be eligible for was between those areas of prevention Enforcement Training Center about Federal grants to assist in the areas of where we can assist children, especially how to pursue missing children. This is education, research, prevention, and children in school, and give them lead- a serious issue, missing children, and rehabilitation. These are the types of ership when they are out of school dur- we are trying to address it aggressively programs the committee is supporting ing those difficult hours, with the need in this bill. by placing $284 million in the juvenile to have a tough enforcement process, As part of this effort, we have rec- justice programs account. and that enforcement process has been ommended $5.2 million for the FBI to I stress here that we have not tried adequately funded and aggressively combat child abductions and serial to reinvent the wheel. We have sup- funded as a result, in large part, of the killing. ported programs that work, and we Senator who is sitting in the Chair The FBI has put together an excep- have turned to communities to give us right now whose leadership on the tional task force to address the issue of their ideas as to how these funds issues of juvenile justice is primary in child abductions and serial killings. should be allocated. this body. The tragic school shootings in the Also in line with youth support, the Another area of Justice activity we past few months that have shocked the committee is recommending $12 mil- have addressed is the terrorism issue. S8606 CONGRESSIONAL RECORD — SENATE July 21, 1998 Terrorism continues to be a primary outside our purview of jurisdiction, the from the increased revenues from re- concern and threat to our country, so one thing I have been most impressed vived fees. Where possible, new tech- the committee is continuing to support with is a sincere and genuine effort to nology should ease the burden on our a strong counterterrorism policy, have a coordinated response to this overworked personnel. something we began a couple of years issue, and there appears to be very lit- Of note, this bill does not address the ago with the work of Senator HOLLINGS tle in the way of a turf fight going on, INS reform issue. Reform is needed in and myself. which is absolutely critical that we that agency, but it is too complex an The Attorney General is working on avoid in trying to address this issue. issue to address in the context of this a counterterrorism strategy that In the area of drugs, we also have a appropriations bill. Clearly, it needs to should be completed by the end of the major effort. The strategy includes $24 be addressed in the future and, hope- year. We look forward to the comple- million for DEA’s methamphetamine fully, in the near term. tion of that plan, and we are rec- initiative and $13 million for the heroin In the Commerce Department we ommending $224 million for strategy. To also combat methamphet- have provided $4.9 billion. The commit- counterterrorism initiatives. amine production and trafficking, we tee provides funding requested by the Our counterterrorism recommenda- are recommending a $15.5 million President for the U.S. Trade Represent- tion is comprehensive. A portion of methamphetamine program through ative and the International Trade Com- this funding will go to the first-re- the COPS program. mission, and a variety of other inter- sponder training and equipment as the The Senator from South Carolina and national trade activities, including Nation must be able to quickly react to I have worked with the DEA Adminis- ITA, at funding levels which are more a terrorist incident. Another portion trator to create regional drug enforce- than adequate to address the concerns will provide funding for specific pro- ment teams to address the strategies of in trade which are so critical to strong grams to build this capacity, such as the cartels. The committee directs commerce. Commerce Department pro- metropolitan medical strike team $21.8 million for this effort, and there is grams are supported specifically at a training and equipment, the acquisi- an additional $5.6 million provided to level that will adequately do the job tion of equipment for the largest cities handle the influx of violent drug-traf- that is required. and localities in the United States, the ficking groups based in the Caribbean. In the area of the census, we have put implementation of situational exer- We included also $25 million for S. in $848 million, over a half-million dol- cises, State and local bomb detection 1605, the ‘‘Bulletproof Vest Partnership lars. This is the amount that was re- and technician equipment, and equip- Act,’’ sponsored by my friend and col- quested. We have not addressed the ment grants for local fire and emer- league from Colorado, Senator CAMP- issue of the question of the proper way gency agencies. The intent of the com- BELL, and signed by the President on to count the census. The decennial cen- mittee is to provide direct assistance June 16. This funding will go to law en- sus is important not just for the appor- to the first responders as well as to forcement officers for the purchase of tionment of Representatives in the guide our national policy toward a co- bulletproof vests. House of Representatives but for many ordinated and effective response. The committee recommends a new of the formulas that create grants to We also recommend significant fund- initiative which provides $144 million the States. ing for State and local law enforcers to to improve law enforcement in Native The dress rehearsal for the census have the same training and equipment American communities. The funds raised several issues which deserve con- as their Federal counterparts. The come from a variety of agencies. How- gressional scrutiny. This occurred re- committee recognizes the need for the ever, we have seen, unfortunately, that cently in two cities in the United Federal, State, and local law enforcers adequate law enforcement in Native States. Going into the dress rehearsal, to work together, especially in address- American communities is woefully the Census Bureau did not have in ing a terrorist attack. lacking, and there are a number of ini- place software which could detect du- We provide funding for the FBI to tiatives which we have undertaken in plicate or fraudulent census forms. The prepare for terrorist attacks. The issue this bill to try to assist those commu- inability of the Bureau to test such an of terrorism is a two-fold event—one of nities. important system during the dress re- trying to stop it and anticipate it In the area of the INS, the Immigra- hearsal is troubling. through intelligence and, second, try- tion and Naturalization Service, this The keystone of any census is the ing to react when such an unfortunate bill provides $3.9 billion. We want to mailing list. In this bill, additional incident occurs. We have aggressively equip the INS with the means to man- funds are provided to assist the Bureau funded the FBI initiatives. age its two-pronged duty of law en- in ‘‘re-engineering’’ its mailing list. As part of the counterterrorism ef- forcement and legal immigration. On The forms returned as ‘‘undeliverable fort, we enable the Attorney General to the enforcement end, we are rec- as addressed’’ during the rehearsal quickly receive reimbursements from ommending an additional 1,000 Border were twice the number estimated by other agencies as well as to acquire the Patrol agents for the borders and a 100- the Census Bureau. Mailing list prob- necessary equipment and services dur- person integrated team designed to lems varied in three locations in which ing a terrorist crisis. intercept illegal aliens traveling on the dress rehearsal was conducted. We have further requested the Attor- highways in the South and Midwest in The purpose of the dress rehearsal is, ney General to conduct a no-notice, order to counteract problems arising in of course, to identify shortcomings counterterrorism-readiness exercise in- the interior of the country. which must be corrected in order for volving the leadership of all pertinent When we take these 1,000 agents and the decennial census to be successful. agencies. We look forward to the re- add them on top of the 1,000 agents we The Census Bureau is behind in its ef- sults of that exercise. put in last year, we are making a huge forts to create its Master Address File This is just a brief summary of some personnel expansion in the INS in the for the decennial census. Also, reports of the elements of our area of the Border Patrol where the of mail address problems from the counterterrorism strategy. Obviously, problem exists. dress rehearsal do nothing to increase some parts of it have to remain classi- For the second prong, the adminis- the confidence that the address list fied, but our purpose is to have a com- trative portion, we provide sufficient ‘‘re-engineering’’ will be successful. prehensive, all-encompassing response funding that is enhanced by tech- During the dress rehearsal, maps for to what is clearly one of the biggest nology. The INS construction and enumerators to follow up with those issues facing our country. maintenance has been woefully under not responding to the census were Are we prepared for a terrorist at- funded in the past years, and we rec- found to be hard to read and, in some tack at this time? No, we are not. Are ommend more than a 33 percent in- instances, inaccurate. we moving in the right direction to get crease. The $110 million level will A successful census will require a prepared for such an attack? Yes, we strengthen training, border control, good mailing list, a way to detect are. Having visited almost all the agen- and detention and deportation. fraudulent or duplicate forms, and cies that are involved, those that are in Detention space shortfalls and the maps to permit enumerators to follow our purview of jurisdiction and those naturalization backlog will benefit up on nonresponsive citizens. We will July 21, 1998 CONGRESSIONAL RECORD — SENATE S8607 spend billions of dollars on the year cially housing, of the State Depart- mission, Chairman Pitofsky, to pursue 2000 census. We should expect these ment. The committee recommended an aggressive program on tele- basic elements to be in place for the $118 million, the full request, for com- marketing fraud. Consumers lose any- dress rehearsal. They were not, and puters and communications equipment. where from $3 billion to up to $40 bil- this should concern every Senator. This funding is an essential part of lion a year as a result of telemarketing We need to know what is going to achieving the year 2000 compliance. fraud. We are seeing a great expansion happen with the census when it occurs. Another $5 million is provided for sys- of this activity, especially on the Inter- Clearly, there is a fight going on over tems unique to the United States Infor- net. The committee is working with whether there should be sampling. But mation Agency. And $550 million, ap- the Commission and has set up a new one thing is obviously clear from the proximately, is provided for the secu- program to try to address this, includ- dress rehearsal: Whether there was rity and maintenance account, and ing an 800 number. The Commission sampling or whether there was not $52.9 million is allocated for des- feels quite confident this will have a sampling—whether there was a head perately needed housing. Finally, we significant impact on the problem. count or not—the census is not ready fund the design of two new chanceries The Small Business Administration to go forward and a lot needs to be in Beijing and Berlin and anticipate is also funded at a high level, $613 bil- done. funding the construction in next year’s lion. Of this, $240.8 million goes to busi- The bill funds the National Institute bill. ness loans and $94 million goes for the of Standards and Technology (NIST) As for the international accounts, disaster loan account. programs at a level of $646.7 million. the committee recommends $1.1 billion Of concern to the committee is the This level will enable NIST to upgrade for international organizations and administration’s request to increase its facilities and to build a state-of- $431 million for peacekeeping. Though the disaster loan interest rate. This re- the-art Advanced Measurement Lab- the administration did not request it, quest was soundly rejected. The com- oratory. NIST’s activities are actually the committee recommendation in- mittee has made it clear to the SBA critical to American industry. They cludes $475 million for arrears. The $475 and the administration that increasing are especially important now where ex- million is consistent with the State the interest rates on loans to Ameri- porters are running into trade barriers Department authorization bill and the cans who have experienced disasters is which are sometimes technically ap- 1998 budget resolution. This year’s pay- unacceptable. The administration plied to them, and this can assist them ment brings the total available for ar- should reverse its ill-considered pro- in being more responsive to these tech- rears to $575 million. That is the posal to make disaster victims pay nical barriers. amount that the U.N. requested. And market rates for assistance in recover- The committee also funds the Na- we are on course to full funding of the ing from economic injury. I thank the Senator from South tional Oceanic and Atmospheric Ad- arrears. With a stroke of the pen, the Carolina for his strong assistance in ministration (NOAA) at $2.2 billion. President can restore the credibility of helping with this bill. There is a great This exceeds the requested level. This the United States at the U.N. by sim- deal more to talk about, and I am sure committee is totally committed to ply signing the appropriate legislation we will have plenty of time to do that being sure that we have a first-class —specifically, the State Department NOAA effort. Clearly, in light of what as we proceed forward. authorization bill which was agreed to. I thank the Senator from South we have seen from El Nino and other So the Congress has done its part and Carolina for his courtesy for that long weather events in this country in re- continues to do its part on funding the statement. I understand we may break cent times, it is absolutely critical arrears issue. at 12:30, so he may want to reserve his that we have a strong Weather Service. The problem lies with the White statement. And the need to expand our activity in House. The PRESIDING OFFICER. The Sen- the area of ocean activities is also Finally, because of the crisis in India ator from South Carolina. equally critical. and Pakistan, we fully fund the Arms Mr. HOLLINGS. Mr. President, I NOAA advises us that they are get- Control and Disarmament Agency. think the distinguished chairman has ting near to the ability to adequately In the area of the Judiciary, out of a stated it extremely well. forecast an El Nino type of event, and total of $3.6 billion, we recommended Mr. President, I am pleased to join we intend to make sure they have the full funding for the Judiciary’s highest my Subcommittee Chairman and col- funds to accomplish that. In addition, priorities: court security, defender league, Senator GREGG, in presenting this year’s budget request includes the services, and the Supreme Court. The to the Senate S. 2260, the Fiscal Year Advanced Hydrological Prediction Sys- remaining accounts receive increases 1999 Commerce, Justice, and State, the tem, which should assist in forecasting across the board, although not all at Judiciary and related agencies appro- floods in the Missouri flood basin, an levels that they were requested. We priations bill. Once again, I would like absolutely critical issue, as well as the also include a cost-of-living adjust- to commend Chairman GREGG for his Advanced Weather Interactive Process- ment for the justices and the judges. outstanding efforts and bipartisan ap- ing System which the National Weath- We, as I mentioned, have a number of proach in bringing to the floor a bill er Service needs. independent agencies. In regard to the that—given the number of priorities we Further, we have created a new Federal Communication Commission have been asked to address within our Oceans Policy Commission. This is ba- (FCC), we are funding that at the levels limited 302(b) allocations—is good and sically the outgrowth of an initiative they requested. However, there re- balanced. of, again, the Senator from South mains the issue of the Portals II build- In the Commerce, Justice, and State Carolina. As some may recall, NOAA ing. I am sure there will be consider- appropriations bill, we fund a wide va- was initially created under the Nixon able discussion of that before we com- riety of Federal programs. We fund the administration by Executive order. The plete this bill, but the fact is that FBI, the DEA, the State Department idea for an agency to conduct research there has been gross mismanagement and our embassies overseas, fisheries on oceans and atmosphere came as an relative to the Portal II building. The research, the National Weather Service outgrowth of the Stratton Commission, FCC should not be forced into moving and weather satellites, the Supreme which was created in the 1960s. I think into a building that does not meet its Court, the Federal Communications it is fair to say that the Senator from requirements from the standpoint of Commission, and the list goes on and South Carolina and I believe the time technology or security, and that build- on. In total, this bill provides $33.2 bil- has come to reinvigorate and assess the ing is really a total affront to the tax- lion in budget authority which is a lit- state of U.S. ocean policy and research. payers of this country—that being the tle over a billion above last year’s ap- This commission will accomplish that. fact that we continue to pay for propriated levels and a little over a bil- In the area of the State Department uninhabited space which is uninhabit- lion below the President’s request. The and its related agencies, we have pro- able space as well as being uninhabited. bill is right at our section 302(b) alloca- vided $5.6 billion. We are totally com- In the Federal Trade Commission, we tion. mitted to modernizing the information have aggressively worked with the Chairman GREGG has touched on technology and facilities, and espe- leadership of the Federal Trade Com- many of the funding specifics in this S8608 CONGRESSIONAL RECORD — SENATE July 21, 1998 bill, so I will not repeat the details; teaching students about responsibility, almost thirty years. Resulting from however, I would like to point out to cooperation, and positive interaction. the Commission was the creation of our colleagues some of the highlights Mr. President, three years ago, Rich- NOAA and enactment of such vital leg- of this bill: land County began a program of plac- islation as the Coastal Zone Manage- JUSTICE AND LAW ENFORCEMENT ing police officers in the school setting. ment Act, and the Marine Sanctuaries This bill provides appropriations to- This program, operating out of the program. This Commission—modeled taling $17.8 billion for the Department Sheriff’s office, places 20 certified po- after the successful Stratton Commis- of Justice. Within the Justice Depart- lice officers in high schools and middle sion—will look at U.S. ocean and coast- ment, the bill provides $2.95 billion for schools throughout Richland County. al activities and report within 18 the FBI, $1.2 billion for the DEA, and The police officers are called ‘‘School months on recommendations for a na- $1.08 billion for the U.S. attorneys. Resource Officers’’ and basically serve tional policy. Safe Schools Initiative—The bill also as counselors, role models, and teach- Today half of the U.S. population includes a new initiative, the Safe ers. The officers assist teachers in the lives within 50 miles of our shores and Schools Initiative for which Senator school by developing and teaching les- more than 30 percent of the Gross Do- GREGG and I have provided $210 million son plans that include: conflict resolu- mestic Product is generated in the in an effort to combat violence in our tion, law related education, psychology coastal zone. Our ocean and coastal re- schools. classes on drug abuse, and how to vo- sources that were once considered inex- This past spring it seemed like there calize concerns rather than act out vio- haustible are severely depleted, and wasn’t a week that went by without lence, etc. our wetlands and other marine habi- the country having to suffer through This program is a proven success. Of- tats are threatened by pollution and the trauma of watching on the news ficer David Soto of Richland County, human activities. Meanwhile, recent another story of school shootings or just named School Resource Officer of technological advances related to the school violence unfold. And the ages of the Year, made 126 arrests at the oceans offer us new economic and sci- the victims and the violent youth get school in his first year, 56 is the sec- entific opportunities. In an effort to younger and younger with each report. ond, and only 36 this past year. His address the increasing environmental, National statistics provided by the presence is most certainly making a economic, and scientific demands on Justice Department indicate that be- difference. And this new initiative will our oceans, our ocean-related govern- tween 1989 and 1995, there has been a 37 too. ment bureaucracy has grown rapidly percent increase in the number of stu- For grants, the bill provides $1.4 bil- during the past three decades into a dents age 12–19 reporting violent lion for the Community Oriented Polic- patchwork of regulations and pro- crimes at school. In 1995, there were 3 ing Services (COPS) Program, $282.7 grams. This Commission will give us million students age 12–19 reporting million for Violence Against Women insight into what direction our na- that they knew a student who brought Program, $711 million for State prison tional policy should take to preserve, a gun to school, and over 1.2 million grants, $552 million for the Local Law manage and use this limited resource students reported seeing a student with Enforcement Block Grant Program, $40 during the next thirty years. a gun at school. million for drug courts, and $284 mil- A number of marine user and interest The idea behind this initiative is to lion for juvenile justice programs. groups have endorsed our efforts to cre- stop violence from spreading through- DEPARTMENT OF COMMERCE ate a new Ocean Commission, includ- out our Nation’s schools like so many The bill provides $4.823 for the Com- ing: The American Coastal Coalition; drugs have. merce Department, an increase of $572 the American Oceans Campaign; the This initiative is aimed at protecting million over this year. American Sportfishing Association; the our children by putting more police in $451 million of that increase for the Center for Marine Conservation; the the school setting. The bill provides Department of Commerce went to the Coastal States Organization; the Con- $175 million through the COPS Pro- Bureau of the Census to fund the de- sortium for Oceanographic Research gram, for local police departments and cennial census at the President’s re- and Education; the H. John Heinz III sheriff’s offices to work with schools quest level of $848.5 million. The bill Center for Science, Economics, and the and other community-based organiza- does not take a position on whether Environment; the Jason Foundation; tions to develop programs to improve the Bureau should use statistical sam- the National Fisheries Institute; the the safety of elementary and secondary pling or enumeration. Pacific Coast Federation of Fisher- school children and educators in and NIST’s Advance Technology Program men’s Associations; and the World around our nation’s schools. (ATP) is funded at last year’s appro- Wildlife Fund. In Richland County, Columbia, I re- priated level of $192.5 million, and the It is time for this country to reassess cently visited a school that employed a Manufacturing Extension Partnership our national policy toward our oceans police officer as both a teacher and a (MEP) program is funded at a level of and this provision takes the first nec- mentor—serving as an authoritarian $106 million. Funding is extended for essary step to get us moving in the figure while at the same time estab- those centers affected by the existing right direction. lishing friendships with the kids. We sunset provision. The bill supports the STATE DEPARTMENT AND INTERNATIONAL need more programs like this—and this bipartisan efforts of the 17 members of PROGRAMS initiative is a step in that direction. the Commerce Committee who voted to The bill includes $5.6 billion for the This initiative is also aimed at creat- report out a reauthorization bill and Department of State and related agen- ing prevention programs for our young the 20 cosponsors of that legislative cies. Within the State Department, the people to stop this violence before it proposal. bill provides $550 million—an addi- begins. The bill provides $25 million The International Trade Administra- tional $146.8 million above this year’s from the Juvenile Justice At-Risk tion is funded at $304 million. level of funding—for security and Children Program for communities to The bill provides $2.2 billion for maintenance of U.S. missions, includ- implement approaches unique to their NOAA, an increase of $200 million over ing funding for the chancery in Beijing, particular problems. For example: this year’s funding level. Chairman China and Berlin, Germany. State centers may provide accountabil- GREGG and I have continued to work The funding level also includes pay- ity and responsibility training, vio- bipartisanly to keep a focus on our ment of international organization and lence reduction training, juvenile men- Oceans. peacekeeping funds, including $475 mil- toring, training for teachers to recog- Oceans Commission funding. Senator lion for U.N. arrears, subject to author- nize troubled children, parent account- GREGG and I have also included in this ization. ability and family strengthening edu- bill $3.5 million in funding for the cre- International broadcasting is funded cation. ation of an Oceans Commission. Thir- at $333 million which includes voice of In Richland County, Columbia, the ty-two years ago, Congress enacted leg- America, Radio Free Europe, and Radio same program that puts the policeman islation that created a national com- Free Asia. in the classroom has him out of the mission (Stratton Commission) whose Mr. President, in summary, given the school fields after classes are over, ideas have shaped our ocean policy for allocation we received, this is a good July 21, 1998 CONGRESSIONAL RECORD — SENATE S8609 bill. Many—but not all—of the admin- whose mother works. In essence, they TRIBUTE TO SCOTT GUDES istration’s priorities were addressed to don’t have parental guidance. The As Senator BYRD said about Scott some extent. Likewise many—but not teacher is called upon not just to teach Gudes 2 years ago, nobody knows bet- all—of the priorities for members were but to substitute as a parent and keep ter. Scott has worked with me on the addressed to some extent. Tough deci- law and order in the classroom. Teach- Commerce, Justice, State bill for 8 sions were made because of, on the one ing class, these officers will come to years and it has been a prvilege work- hand, the limited allocation, and on know the students well. They will ing with such an intelligent, diligent, the other hand, the critical need to serve as mentors and their understand- hard-working, and genius staff mem- fund the Census, and 1,000 Border Pa- ing of the students will help them com- ber. Senator BYRD hit the nail on the trol agents, and counterterrorism ef- bat crime and prevent it before it head—Scott knows appropriations; forts, and the FBI’s capabilities to starts. And in the afternoon they will Scott knows Senate procedure; and combat child abductions, and DEA’s participate in athletic events. Around Scott has common sense better than continued war on drugs, and weather the clock, these officers will become anyone. His departure from my com- satellites, and critical fisheries re- known and become role models. mittee staff is a geuine loss to me, to search, and peacekeeping and the list Three million students last year at- everyone who had the opportunity to goes on and on and on. tested that they knew of someone who work with him, and to the United Mr. President, let me emphasize a brought a pistol or a knife onto school States Senate. couple of things. One, of course, is my grounds, but that they didn’t tell any- Scott began working with me in 1990 gratitude for the outstanding leader- one because they didn’t want to get in- as majority clerk for the CJS Sub- volved and get themselves in trouble. ship that Chairman GREGG has given committee and stayed with me in this our subcommittee in submitting this But now with that officer engaged as position through this year. Before that measure to the U.S. Senate. We worked he is around the classes and in the ex- he was hired by Senator STEVENS and around the clock to get this done, and ercises in the afternoon, becoming a worked for him, Senator Stennis, and role model, trusted and known, these no one has been more conscientious in Senator INOUYE on the Defense Appro- students just nudge, just point. The of- trying to hold back spending. priations Subcommittee from 1986 to The appropriation for State-Justice- ficer knows why they are pointing. 1990 where he was responsible for all Commerce is $33.2 billion, slightly over They don’t have to say anything. They Department of Defense Operation and a $1 billion increase from this present are right on top of these situations. I Maintenance accounts. During 1989 and year. This increase is accounted for by think it is a tried and true, valid ap- 1990 he served as a subcommittee the fact that we had to provide for the proach now to this problem of violence branch chief/assistant staff director and death in America’s public schools. Census, and what is due and owed to and in this tenure on the Defense Sub- I commend Chairman GREGG on this the United States, and for law enforce- committee, Scott earned a reputation particular initiative, the Safe Schools as handling the broadest and largest ment. This increase, however, is actu- Initiative. I commend, of course, the portfolio of any House or Senate appro- ally $1 billion less than what was re- leadership that we had under Sheriff quested of us by the President of the priations staff. Lott back in my own backyard that This reputation followed him to the United States. has gained acceptance for this particu- As should be emphasized, the Safe Commerce, Justice, State Subcommit- lar program. Also, I think that you Schools Initiative, under the leader- tee, where Scott became responsible have to be able to mention the fact ship of Chairman GREGG, provides a for knowing the policy context and that we are taking care of the United good $175 million increment in the daily operations of a vast array of pro- Nations. We have not gotten into that grams operated by four cabinet depart- overall $210 million appropriations Census sampling problem. That will ments, the Departments of Justice, with respect to school resource officers have to be solved in conference. We do Commerce, State, and USTR, the Fed- within the school system. have an oceans initiative that the Some three years ago, in my own eral Judiciary, and 24 independent Fed- Ocean Commission—that was passed by backyard of Richland County, SC, eral agencies such as the FCC, SEC, the U.S. Senate almost unanimously. Sheriff Leon Lott came upon the idea FTC, LSC, EEOC—he was in a world of We reinstate more or less the old acronyms, yet he was able to tell you of putting some of his deputies in trou- Stratton Commission of 32 or 33 years the current and historical status of bled schools, rather than putting them ago. all on the streets. Sheriff Lott’s idea We need to update that. And we find each and every one of these agencies, has been a tremendous success. There that we have billions and billions to go he could assess their budgetary con- now are about 20 officers, school re- up into space, but we can’t find, seem- cerns, identify future year needs, and source officers, in Richland County ingly, enough money for the National quickly determine the political astute- schools. In one particular school, one Oceanic and Atmospheric Administra- ness of contemplated legislative action officer has made almost 250 arrests in tion for research and to get the atten- on any of the programs or agencies in one year. He made 156 arrests the first tion of the public generally with re- the bill. He was our utility player— year, and then some 56 the second year, spect to seven-tenths of the Earth’s able to jump from satellites to fish- and now down to 36 this year—the dra- surface. eries to telecommunication to immi- matic decline in arrests shows that I would like to take a moment before gration policy to small business devel- this program works, it reduces crime. closing to acknowledge and thank Sen- opment, demonstrating his technical What really occurs is that these offi- ator GREGG’s staff—Jim Morhard, expertise and political acumen in the cers teach courses in law enforcement, Kevin Linsky, Paddy Link, Dana broadest array of programs imaginable. teach respect for the law, and engage Quam, Karl Truscott, and Virginia Scott deserves the credit for a num- the students and the administration. Wilbert—and to my staff—Lila Helms, ber of innovative and forward-thinking Also, of course, they talk to the admin- Emelie East, and Dereck Orr—for their initiatives on the CJS bill during his istration and know when a child is hard work and diligence in bringing to- tenure. His creativity compelled the troubled or doesn’t have any help from gether a bill that does everything I subcommittee to consider and adopt home and everything else of that kind, have just mentioned and more. They such important initiatives as the and they can more or less become a have worked nonstop in a straight- NOAA fleet modernization program, friend and mentor to the child. forward and bipartisan manner, and acquisition of a high-altitude hurri- In this day and age, we hear much those efforts are evident in the product cane reconnaissance aircraft for the talk about the family on the floor of before the Senate today. National Weather Service, methods of the U.S. Senate. Three out of four Mr. Prsident, in closing I would like supporting the COPS on the Beat pro- women with children in school have a to make a few final comments about gram, ways to hire and keep funding job. Now I don’t believe that is the Scott Gudes who left my staff several more border patrol agents, successfully fault of the U.S. Senate and I don’t be- weeks ago after working as minority integrating the 1994 Violence Against lieve that will be solved by the U.S. clerk on this subcommittee for the last Women Act into our appropriations Senate. There are children who come 4 years, and as majority clerk for the 4 bill, finding ways to make the GOES to school who don’t have a father, and years prior. satellite program start working under S8610 CONGRESSIONAL RECORD — SENATE July 21, 1998 the necessary time table—the list AMENDMENT NO. 3227 (2) CONFORMING AMENDMENT.—Subsection could go on. But the important thing (Purpose: To establish a prohibition on com- (h) of such section, as so redesignated, is to note is that more often than not, mercial distribution on the World Wide amended by striking ‘‘(e), or (f)’’ and insert- Web of material that is harmful to minors, ing ‘‘(f), or (g)’’. Scott’s recommendations at how best (b) AVAILABILITY ON INTERNET OF DEFINI- to technically and politically institute to persons under 17 years of age) Mr. COATS. Mr. President, I send an TION OF MATERIAL THAT IS HARMFUL TO MI- these initiatives were the recommenda- NORS.—The Attorney General, in the case of tions we would follow, whether in the amendment to the desk and ask for its the Internet web site of the Department of majority or minority. immediate consideration. Justice, and the Federal Communications The PRESIDING OFFICER. The Commission, in the case of the Internet web Scott is now working for the Depart- clerk will report. site of the Commission, shall each post or ment of Commerce at NOAA, the Na- The legislative clerk read as follows: otherwise make available on such web site tional Oceanic and Atmospheric Ad- The Senator from Indiana [Mr. COATS] pro- such information as is necessary to inform ministration, as Deputy Undersecre- poses an amendment numbered 3227. the public of the meaning of the term ‘‘mate- tary of NOAA. Scott has followed his rial that is harmful to minors’’ under section Mr. MCCAIN. Mr. President, I ask 223(e) of the Communications Act of 1934, as passions—the oceans, fisheries, atmos- unanimous consent that reading of the amended by subsection (a) of this section. pheric science—and NOAA, the Depart- amendment be dispensed with. AMENDMENT NO. 3228 TO AMENDMENT NO. 3227 ment of Commerce, and we as U.S. citi- The PRESIDING OFFICER. Without (Purpose: To direct the Federal Communica- zens reaping the benefits of NOAA’s objection, it is so ordered. tions Commission to study systems for fil- programs are all the better for Scott’s The amendment is as follows: tering or blocking matter on the Internet, high position in this agency. Scott will On page 135, between lines 11 and 12, insert to require the installation of such a system undoubtedly excel at this position just the following: on computers in schools and libraries with as he had here in the Senate, before Title I. — Internet access, and for other purposes) C that at OMB, as a Presidential Manage- SEC. 620. (a) PROHIBITION.— Mr. M CAIN. Mr. President, I send an ment Intern working in the Office of (1) IN GENERAL.—Section 223 of the Commu- amendment to the desk and ask for its the Secretary of Defense, and at the nications Act of 1934 (47 U.S.C. 223) is amend- immediate consideration. city manager’s office for the city of ed— The PRESIDING OFFICER. The Costa Mesa, California. Scott is indeed (A) by redesignating subsections (e), (f), clerk will report. (g), and (h) as subsections (f), (g), (h), and (i), The legislative clerk read as follows: a fine, fine person—NOAA is lucky to respectively; and have him, and I expect to see his star The Senator from Arizona [Mr. MCCAIN], (B) by inserting after subsection (d) the for himself, Mr. COATS and Mrs. MURRAY, shine for many, many years to come. I following new subsection (e): proposes an amendment numbered 3228 to wish Scott all the best in the world— ‘‘(e)(1) Whoever in interstate or foreign Amendment No. 3227. and know that in whatever position in commerce in or through the World Wide Web Mr. COATS. Mr. President, I ask life Scott finds himself, his decency, is engaged in the business of the commercial distribution of material that is harmful to unanimous consent that reading of the intelligence, and integrity will con- amendment be dispensed with. tinue to be synonymous with his name. minors shall restrict access to such material by persons under 17 years of age. The PRESIDING OFFICER. Without Congratulations, Scott. You will truly ‘‘(2) Any person who violates paragraph (1) objection, it is so ordered. be missed. shall be fined not more than $50,000, impris- The amendment is as follows: Mr. INOUYE. Mr. President, I wish to oned not more than six months, or both. At the end of the pending amendment, add ‘‘(3) In addition to the penalties under the following: congratulate Chairman GREGG and paragraph (2), whoever intentionally violates TITLE II.—INTERNET FILTERING Senator HOLLINGS on their leadership paragraph (1) shall be subject to a fine of not in crafting the Fiscal Year 1999 Com- SECTION 1. NO UNIVERSAL SERVICE FOR more than $50,000 for each violation. For pur- SCHOOLS OR LIBRARIES THAT FAIL merce, Justice, and State, the judici- poses of this paragraph, each day of violation TO IMPLEMENT A FILTERING OR ary, and related agencies appropriation shall constitute a separate violation. BLOCKING SYSTEM FOR COMPUT- bill. Given the broad reach of this ‘‘(4) In addition to the penalties under ERS WITH INTERNET ACCESS. measure and our budgetary con- paragraphs (2) and (3), whoever violates para- (a) IN GENERAL.—Section 254 of the Com- graph (1) shall be subject to a civil fine of munications Act of 1934 (47 U.S.C. 254) is straints, this was no easy task. not more than $50,000 for each violation. For amended by adding at the end thereof the From a parochial standpoint, I wish purposes of this paragraph, each day of viola- following: to thank the Chairman and Senator tion shall constitute a separate violation. ‘‘(l) IMPLEMENTATION OF A FILTERING OR ‘‘(5) It is an affirmative defense to prosecu- BLOCKING SYSTEM.— HOLLINGS for their sensitive consider- tion under this subsection that the defend- ‘‘(1) IN GENERAL.—No services may be pro- ation of programs of importance to the ant restricted access to material that is vided under subsection (h)(1)(B) to any ele- State of Hawaii, including the East- harmful to minors by persons under 17 years mentary or secondary school, or any library, West Center, Hawaiian monk seal re- of age by requiring use of a verified credit unless it provides the certification required covery, endangered sea turtle research, card, debit account, adult access code, or by paragraph (2) or (3), respectively. and coral reef research, assessment, adult personal identification number or in ‘‘(2) CERTIFICATION FOR SCHOOLS.—Before monitoring and management, to name accordance with such other procedures as receiving universal service assistance under a few. the Commission may prescribe. subsection (h)(1)(B), an elementary or sec- ‘‘(6) This subsection may not be construed ondary school (or the school board or other I would also like to acknowledge the to authorize the Commission to regulate in authority with responsibility for administra- outstanding work of the staff: Jim any manner the content of any information tion of that school) shall certify to the Com- Morhard, Kevin Linskey, Paddy Link, provided on the World Wide Web. mission that it has— Dana Quam, Vasiliki Alexopoulos, Lila ‘‘(7) For purposes of this subsection: ‘‘(A) selected a system for computers with ‘‘(A) The term ‘material that is harmful to Internet access to filter or block matter Helms, and Emelie East. minors’ means any communication, picture, deemed to be inappropriate for minors; and Finally, I would like to thank Scott image, graphic image file, article, recording, ‘‘(B) installed, or will install as soon as it Gudes for his many years of dedication writing, or other matter of any kind that— obtains computers with Internet access, a to the Senate Appropriations Commit- ‘‘(i) taken as a whole and with respect to system to filter or block such matter. tee, and in particular, the Defense and minors, appeals to a prurient interest in nu- ‘‘(3) CERTIFICATION FOR LIBRARIES.—Before dity, sex, or excretion; receiving universal service assistance under Commerce, Justice, and State Sub- ‘‘(ii) depicts, describes, or represents, in a subsection (h)(1)(B), a library that has a committees. Throughout the years, patently offensive way with respect to what computer with Internet access shall certify Scott worked tirelessly and conscien- is suitable for minors, an actual or simulated to the Commission that, on one or more of tiously, and garnered the deep respect sexual act or sexual contact, actual or simu- its computers with Internet access, it em- of Members and staff who had the lated normal or perverted sexual acts, or a ploys a system to filter or block matter privilege of working with him. Scott lewd exhibition of the genitals; and deemed to be inappropriate for minors. If a recently left the Senate to become ‘‘(iii) lacks serious literary, artistic, politi- library that makes a certification under this cal, or scientific value. paragraph changes the system it employs or Deputy Under Secretary at the Na- ‘‘(B) The terms ‘sexual act’ and ‘sexual ceases to employ any such system, it shall tional Oceanic and Atmospheric Ad- contact’ have the meanings assigned such notify the Commission within 10 days after ministration. I wish him much success terms in section 2246 of title 18, United implementing the change or ceasing to em- and fulfillment in this new endeavor. States Code.’’. ploy the system. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8611 ‘‘(4) LOCAL DETERMINATION OF CONTENT.— The PRESIDING OFFICER. The inappropriate material. Decisions must For purposes of paragraphs (2) and (3), the pending business is the McCain No. 3228 remain at the local level with those determination of what matter is inappropri- amendment to Amendment No. 3227. who best know their students. ate for minors shall be made by the school, Mrs. MURRAY. Mr. President, I come school board, library or other authority re- Mr. President, let me give a few ex- sponsible for making the required certifi- to the floor today to join my colleague amples I have heard of the need for the cation. No agency or instrumentality of the from Arizona, Senator MCCAIN, in urg- Childsafe Internet Act. ing the Senate to adopt our Internet United States Government may— Last month, a seventh grade teacher ‘‘(A) establish criteria for making that de- filtering amendment, the Childsafe termination; Internet bill. in Washington state told me that it ‘‘(B) review the determination made by the We come here today for one simple was impossible to watch 30 young stu- certifying school, school board, library, or reason: to find a way to protect chil- dents at their computers all of the other authority; or dren on the Internet. The Internet is time. She did not want a situation in ‘‘(C) consider the criteria employed by the growing and expanding faster than we which a child found inappropriate ma- certifying school, school board, library, or terial, complained to their parents, and other authority in the administration of sub- ever thought possible. It has become a daily tool for many Americans. As the then have a parent come screaming section (h)(1)(B).’’. back to the classroom, where the (b) CONFORMING CHANGE.—Section Internet continues to grow, I believe it 254(h)(1)(B) of the Communications Act of is our responsibility to do something to teacher was ultimately responsible. 1934 (47 U.S.C. 254(h)(1)(B)) is amended by protect children from harmful mate- She turned off the Internet. striking ‘‘All telecommunications’’ and in- rial. I do not want that to happen. I ask serting ‘‘Except as provided by subsection I have worked hard over the last 6 unanimous consent to have printed in (l), all telecommunications’’. years to get computers and technology the RECORD a number of letters I have Mr. MCCAIN. Mr. President, I know into our schools. I have sponsored leg- received from parents about the need the hour of 12:30 has arrived, but I ask islation to allow surplus Government for this bill. unanimous consent to speak for 1 computers to be put into schools. The There being no objection, the letters minute past the recess time. Senate, in fact, just passed my Teacher were ordered to be printed in the The PRESIDING OFFICER. Without Technology Training Act, to make sure RECORD, as follows: objection, it is so ordered. teachers can incorporate technology APRIL 19, 1998. Mr. MCCAIN. Mr. President, I thank into their curriculum. DEAR SENATORS: You were both in Van- the manager and the Democrat ranking I have worked hard to establish the member for allowing us to lay down couver this week, and I wasn’t able to reach e-rate to help our schools get con- you through your office. Would you please these two amendments. We will be glad nected to the Internet. I have been out update me on the status of SB 1619 the Inter- to discuss and debate them at a time in schools, and I know personally what net School Filtering Act? In SW Washington, most convenient for the managers of a great educational tool the Internet the regional group reported that they are the the bill. can be. And I represent a state that is state internet provider service is looking at I yield the floor. leading the way in many of these new filtering at the state level as a result of SB f technologies. 1619. As you can see from this report, filter- I want our students and I want our ing isn’t perfect. However, without any fil- RECESS tering, far more youth at much younger ages teachers to have access to this infor- come up with inappropriate material. The PRESIDING OFFICER. Under mation. But, as we continue to see, the previous order, the Senate stands In Camas, pop. 9000, elementary students there is a small amount of information are not allowed to do searches on the inter- in recess until 2:15 p.m. on the Internet to which children Thereupon, the Senate, at 12:31 p.m., net for this reason. There is no reason to should simply not have access. allow technology to serve as an excuse for recessed until 2:14 p.m.; whereupon, the In fact, a 1997 national survey of U.S. lowering standards of acceptable material in Senate reassembled when called to public libraries and the Internet re- publicly funded institutions. The Camas li- order by the Presiding Officer (Mr. vealed that students often unintention- brary continues to fight filtering, and points ROBERTS). ally download pornography while on to the schools lack of one as justification. f the Net. Mr. President, 22 percent of The Ft. Vancouver library board most re- cently on Monday April 13 though optional DEPARTMENT OF COMMERCE, JUS- the children surveyed admitted that filtering was a good idea. That defeats the TICE, AND STATE, THE JUDICI- this had happened in school, while 25 whole purpose and keeps the porn option ARY, AND RELATED AGENCIES percent admitted it had occurred in a wide open to kids. I hope you got my report APPROPRIATIONS ACT, 1999 public library. of abuses noted. If they had a log like this, I understand no solution is perfect. I’m sure the number of accesses reported The Senate continued with the con- Technology alone won’t filter every ob- would be much higher. Please continue to sideration of the bill. jectionable item on the Internet. We work so that our tax dollars do not found AMENDMENT NO. 3228 must remember, though, that this porn and inappropriate material to children. The PRESIDING OFFICER. The busi- technology has made enormous strides Thank you for your time to reply please. E- ness before the Senate is Amendment mail is best, since it is faster, and a number in just a short amount of time. of meetings are coming up the first week in No. 3228 offered by Senator MCCAIN of I have heard from people who say May. Arizona. health information, such as breast can- Sincerely, Mr. SMITH of Oregon. Mr. President, cer, would be blocked from viewing. MARGARET TWEET. I thank Senator GREGG for giving me a That may have been the case, but fil- few minutes to speak in morning busi- tering companies have developed new MAY 29, 1998. ness. I ask unanimous consent that I technologies and are employing new Senator Patty Murray, might do so. procedures that do protect children Attn: Kay The PRESIDING OFFICER. Without while allowing more and more edu- objection, it is so ordered. DEAR KAY: This also came out today. Ft. cational information to be used. Vancouver records show one employee who (The remarks of Mr. SMITH of Oregon Our legislation is a first step. It is quit rather than provide porn to minors with pertaining to the introduction of the the right thing to do. The Childsafe that as the stated reason. At the KOMO legislation are located in today’s Internet bill would simply require any Town Hall, another Washington librarian an- RECORD under ‘‘Statements on Intro- school or library that gets reduced nounced she made the same decision after 6 duced Bills and Joint Resolutions.’’) Internet access, the e-rate, to install months of wrangling over whether providing Several Senators addressed the some technology on their computers access to internet porn to a 14 year old pa- Chair. that keeps inappropriate material tron was a part of her job she could live with. The PRESIDING OFFICER. The dis- Adult businesses cannot sell pornography to away from young children. children, an indication of public policy. It tinguished Senator from Washington is What is great about our bill is that it should not be an option for youth in libraries recognized. gives power to local school districts either. Thank you again for your time. Mrs. MURRAY. Mr. President, what and libraries to determine which filter- Sincerely, is the pending business? ing device to use and what constitutes MARGARET TWEET. S8612 CONGRESSIONAL RECORD — SENATE July 21, 1998

MAY 17, 1998. the first shows anal intercourse with the libraries all across the country have in- To: Senator Murray, text, ‘‘Free Live Fucking, Now With Sound.’’ stalled this software without any legal chal- Subject: Filtering Library Internet Access. The second is a gynecological close-up with lenges so far. DEAR SENATOR MURRAY: I just finished the text, ‘‘hot hole, enter free.’’ This brought We urge the Sno-Isle Library system to fol- watching Town Meeting on ABC. You go girl! our traumatized daughter running out of the low the advice of your internal staff report I am a parent of a 17 month old. I am horri- room in tears. of July 1997, which recommended filtering fied that she could go to the library in 4 This kind of revolting garbage has no place software on juvenile computers. years and pull up pornography or any other in our home and no place in American soci- Someone has to speak for our children. We sexual sites. Yes, the library is a public ety. There are two aspects of this issue that the parents, grandparents, teachers, law en- place, that does not mean they have to pro- warrant federal action. One, the people be- forcement officers and social service workers vide information about such things. Why hind this website, by their intentional choice are doing just that. protect the bad guys when children are our of their URL address, were seeking to put May we hear from you soon? future. And people wonder how this world their pornography in front of those who Sincerely yours, came to what it is now with these kind of made reasonably foreseeable typing errors. TRUDY J. SUNDBERG, issues. If someone wants to look at pornog- This amounts to intentional interstate deliv- Founder, Save Our Kids Crusade. raphy let them buy their own computer and ery of pornography to minors. It should be Mrs. MURRAY. My concern is if we do it in the privacy of their own home, not immediately prosecuted as such. Second, the National Science Foundation don’t act now to do something about expose our kids to it, that’s just what the this issue, teachers and librarians sickos want. I’m with you all the way. Even assigns the Internet URL addresses. It if the filtering isn’t perfect, software compa- should be a simple matter for Congress to across the country will begin turning nies will continue to upgrade and patch their legislate the denial of URL addresses to peo- computers off, preventing children ac- software, and why not do what we can now to ple and organizations who engage in this cess to this valuable educational tool. protect our children!!!! kind of malicious perversion. None of us wants that to happen. Good luck June 9th, you have our prayers. The apologists for the present laissez faire The Childsafe Internet bill is the state of affairs on the Internet are fond of right way to go. It allows local schools telling us parents that it’s our responsibility SHELTON, WA, districts to make important decisions May 30, 1998. to supervise our own children. This disgust- ing incident proves that to be a totally inad- about Internet content. It is a common To: Senator Murray. sense solution. We have provided this Subject: Cyber porn. equate approach, and is in fact a self serving ruse. My family sees this as nothing less Internet access through the E-rate. SENATOR MURRAY: You and I disagree on than visual child rape. Please let me know Now we must finish the job by provid- most issues, but on the issues of limiting ac- what actions you can take to quickly curtail ing our teachers and parents with the cess to highly graphic pornography to chil- this abuse and protect our children from this dren on the Internet is something we do right tools to help educate our chil- kind of intrusive filth. dren. agree upon. Sincerely, I support the concept of schools mandated Most parents would not send a child DOCK BROWN. to utilize an electronic block to preclude ele- to a playground in their local commu- mentary, middle school, and high school stu- BOTHELL, WA, nity unsupervised. We cannot allow our dents from entering pornographic websites. February 26, 1998. young children to be in the Internet There isn’t any defensible reason why these unsupervised. websites should be available for the children Subject: Childsafe Internet Bill. to explore. I am certain most parents do not I am writing to urge your support of the Lets give our teachers and librarians allow their children to surf porn sites so at Childsafe Internet Bill being pushed by Sen- some help, our parents some control, home, and the same expectation is needed to ators JOHN MCCAIN, PATTY MURRAY and oth- and truly pass legislation that will pro- protect the children while they are in school. ers which will limit the right of access by tect America’s next generation. The technology is currently available for children to smut on the internet when feder- I yield the floor. school districts to block out websites which ally funded commuters are used in class- Mr. LEAHY. Mr. President, I oppose are deemed pornographic. This does not in rooms. Senator MCCAIN’s amendment, origi- anyway impede the purveyors and pimps of This one is a ‘‘no-brainer’’. Institutions this demeaning material of their First who want federal money to buy computers nally introduced as S. 1619, to require Amendment rights. You would defend these must agree to block and/or filter pornog- schools and libraries wired with federal children if some individual were to turn the raphy when children are using computers in funds to install Internet filtering soft- school into a toxic waste dump. The same the classroom. ware. Congress has wisely seen fit to fervor is needed to prevent pornographic pol- Will you support the Childsafe Bill? make the Internet widely available to lutants from being introduced into the minds Respectfully, young people throughout the country of impressionable children. VINCENT T. SAULIN. by subsidizing school and library ac- Since the educational establishment bene- cess to the Internet through ‘‘E-rate’’ fits from taxpayer dollars, it is not an oner- OAK HARBOR, WA, ous request to have this country’s school November 4, 1997. discounts. The McCain amendment system voluntarily act upon this issue in a TOM MAYER, would undermine the benefits of that responsible manner. School districts which Director, access by forcing schools and libraries are non-compliant may have their federal Marysville, WA. to use filtering technologies to remove funding significantly impacted until compli- DEAR MR. MAYER: For over a year people in a significant percentage of material ance is gained. our community have been doing research on available on-line. Internet filtering Thank you for taking this time to read my children’s access to pornography on the issues should be discussed and imple- this piece of email. Internet at public libraries. Among other mented locally, not nationally, and JEFFREY K. MEYERS. material such as feature articles in ‘‘The Wall Street Journal,’’ and ‘‘New York Times, certainly not by piggybacking a filter- BELLEVUE, WA, ’’ and numerous news magazines, we have ing bill onto a crime bill and spiriting February 11, 1998. studied the ‘‘Report and Recommendation on them to the Senate floor as amend- Hon. PATTY MURRAY, Internet Filtering Software and Its Use in ments to an appropriations bill. Russell Senate Office Building, Public Libraries, July 1997’’, prepared by the While we can all agree that some ma- Washington, DC. Sno-Isle Regional Library System. terial available on the Internet may be DEAR SENATOR MURRAY: My family has a We sincerely hope that we can persuade unsuitable for certain age groups, there concern regarding pornography on the Inter- the Sno-Isle Library system to install filters net that is dramatically different than you on the juvenile computers. We believe that is serious disagreement concerning the may have been asked to look into or even the filters are a sensible and reasonable way best approach to the challenge of pro- aware of. A few days ago, our fifteen year old of copying with the problem. tecting our children from exposure to daughter was doing school work using the A list of our concerns is attached, but the unsuitable material. Fundamentally, Internet. The address for one of the most basis of our decision is as follows: this is a decision that should be made popular search engines is, 1. Public libraries have always been held at the local level, by families and ‘‘www.infoseek.com.’’ She made a one adja- accountable for their resource material, es- school boards, librarians and educators cent character key typing error and typed, pecially where children’s sections are con- in their own communities. Although I ‘‘www.infoseel.com.’’ cerned. She was shocked, stunned, and nauseated 2. The Internet should pass the same cri- share the deep concerns about chil- at the vile explicit pictures that instantly teria as all other material. dren’s access to obscenity and other were presented on the screen. Enclosed are 3. Filtering software is available to block harmful materials on the Internet, in black and white print outs. As you can see child pornography and other smut sites, and the rush to protect children, we should July 21, 1998 CONGRESSIONAL RECORD — SENATE S8613 not unnecessarily chill the freedom of of access inequality that the federal E- Court, called the CDA ‘‘patently in- expression that occurs on-line. rate subsidy was designed to cure, not valid’’ and warned that it cast ‘‘dark The intention of this amendment is foster. shadow over free speech’’ and good. But good intentions do not al- Wresting control of educational and ‘‘threaten[ed] to torch a large segment ways make for the best policy. The pri- informational access from the local of the Internet community.’’ mary problem with this amendment is communities that are best equipped to The Court’s decision came as no sur- that it usurps local authority on make these decisions is not going to prise to me, and it should have come as whether to use filtering technologies solve the problem of inappropriate ma- no surprise to the 84 Senators who sup- on computers with Internet access. terial on the Internet. Filtering soft- ported the legislation. One of the spon- That’s why educators oppose it. The ware is one way of restricting the ac- sors of the current amendment said in National Education Association and cess by minors to such material, but a floor statement last Friday that the the American Association of School other options exist. Local school Supreme Court should have approved Administrators testified before the boards, administrators, and librarians the CDA because the law used the same Commerce Committee that they op- more familiar with their own systems indecency standard that the Court had posed making E-rate discounts contin- and culture are the proper people to de- previously approved in connection with gent upon installation of blocking or cide how best to implement any pro- the dial-a-porn statute. This statement filtering software. Imposing a top-down grams restricting access to informa- puzzled me because, as I recall, the mandate requiring schools to install tion. Court did not approve the indecency filtering software as a condition for ac- I would support efforts to address standard in the dial-a-porn statute. cessing E-rate discounts violates the these issues that allow more flexibility The Court approved that statute only principle of local control of curricular at the local level. Instead of a blanket insofar as it applied to obscene commu- matters. mandate requiring filtering and block- nication, which can be banned totally Placing the burden on libraries, ing technology in all schools and li- because it is not protected by the First schools, and other public institutions braries that receive E-rate subsidies, Amendment. The Court invalidated the to supervise our children’s access to in- we should have more research into how dial-a-porn statute as it applied to in- formation is also counterproductive. to combat the problem of minors re- decent communication, which does Schools have already been forced to ceiving inappropriate information over enjoy First Amendment protection. comply with extensive congressional the Internet in e-mail messages and in This is precisely the same distinction and FCC requirements to participate in chatrooms. We should encourage that the Court drew in the CDA case, the E-rate program. Forcing schools to schools and libraries to distribute their where it struck down the restrictions comply with further requirements policies to parents, educators, children, on indecent material, but left the re- would strain the already overburdened and community members, and to state strictions on obscene material stand- financial and staff resources of the na- whether they use any technological ing. The CDA decision followed the tion’s schools. Although at first blush means to block access to inappropriate dial-a-porn decision; it did not break this requirement does not appear to be materials. new ground in that regard. overburdensome, given the number of There are more sensible approaches. Now here we are, again, taking an- federal requirements with which We should alert our communities to other stab at censoring constitu- schools and libraries receiving Federal the potential problems of inappropriate tionally protected speech on the Inter- assistance already must comply, the materials on the Internet, and allow net, again, in the name of protecting mandate would require extensive re- and encourage informed decision- children. Of course, we all want to pro- search, installation and implementa- making at the local level. That is why tect children from harm. I prosecuted tion. Some of our local schools already I have created a page on my website child abusers as State’s Attorney in have their own systems in place to dedicated to providing guidance to par- Vermont, and have worked my entire monitor Internet access. The McCain ents and educators on how to protect professional life to protect children amendment could force them to scrap children from inappropriate material from those who would prey on them. these systems and start from scratch. online. But above all, we should sup- But we have a duty to ensure that the A number of schools and libraries have port the mission behind the E-rate sub- means we use to protect our children not yet even received the computers sidy: open and universal access to tech- do not do more harm than good. As the and technologies to gain access to the nology and information. Supreme Court made clear when it Internet, and are in the process of ap- Our children and our schools need as struck down the CDA, laws that pro- plying for E-rate funding to obtain in- much support as we can possibly offer hibit protected speech do not become frastructure, such as wiring and to help prepare the next generation to constitutional merely because they connectivity. Schools may be unable to meet the challenges that lie ahead. were enacted for the important purpose make the requisite demonstration as to Mr. President, with reference to the of protecting children. how the filtering software will be im- amendment offered by Senator COATS, The amendment makes a valiant ef- plemented if their computers are not less than three years ago, during the fort to address many of the Supreme yet in place. 104th Congress, the Senate voted over- Court’s technical objections to the The goal of the federal Internet sub- whelmingly to adopt the Communica- CDA. But while it is more narrowly sidies is to give our schools, libraries tions Decency Act as part of the tele- drawn, it still raises substantial con- and public institutions open and uni- communications deregulation bill. The stitutional questions. The core holding versal access to the technology and in- CDA, like the current amendment, of the CDA case was that ‘‘the vast formation that will help prepare our sought to criminalize the transmission democratic fora of the Internet’’ de- children and young adults for the chal- of constitutionally protected speech serves the highest level of protection lenges that lie ahead in the next cen- over the Internet. I opposed the CDA from government intrusion—the high- tury. By making the subsidy available, from the start as fatally flawed and fla- est level of First Amendment scrutiny. we are helping to bridge the gap be- grantly unconstitutional. I predicted Courts will assess the constitutionality tween wealthier and poorer commu- that the CDA would not pass constitu- of laws that regulate speech over the nities’ access to information. The tional muster and, along with Senator Internet by the same demanding stand- McCain amendment would widen the FEINGOLD, I introduced a bill to repeal ards that have traditionally applied to gap. Wealthier schools that do not re- the CDA so that we would not have to laws affecting the press. ceive the subsidy are permitted, within wait for the Supreme Court to fix our The current amendment does not First Amendment bounds, to decide for mistake. meet those standards. For one thing, it themselves whether or not to place We did not fix the mistake and so, as calls for a single, national definition of limits on Internet use. Requiring use I predicted, the Supreme Court eventu- the ‘‘harmful to minors’’ standard, restrictions is one more way of telling ally did our work for us. All nine Jus- which until now has always been de- subsidized schools that they are not tices agreed that the CDA was, at least fined at the State or local community trusted to make these decisions for in part, unconstitutional. Justice Ste- level. We should not forget the Su- themselves. This is precisely the type vens, writing for seven members of the preme Court’s admonition in Miller S8614 CONGRESSIONAL RECORD — SENATE July 21, 1998 versus California that: ‘‘our Nation is to salute. We owe it to the millions of its inclusion of these vital matters and simply too big and too diverse . . . to Americans who use the Web not to its reliance on local communities rath- reasonably expect that such standards make the same mistake a second time. er than federal mandates. could be articulated for all 50 States in Finally, I note that the Senate is I am deeply disappointed that the a single formulation. . . . It is neither considering this important measure, Chairman of the Commerce Committee realistic nor constitutionally sound to including its creation of new federal chose not to compromise on this very read the First Amendment as requiring crimes, as part of an annual appropria- important issue. I had anticipated that that the people of Maine or Mississippi tions bill. Until recently the Senate this issue would be dealt with in its accept public depiction of conduct had rules and precedent against this own right and that we would have sev- found tolerable in Las Vegas, or New kind of legislating on an appropria- eral hours of debate to deal with S. 1619 York City.’’ tions bill. Under Republican leadership, and the amendment I had planned to In addition, the way in which the that discipline has been lost and we are offer along with several of my col- amendment defines ‘‘material that is left to consider significant legislative leagues. Instead, it was attached to the harmful to minors’’ is not altogether proposals as amendments to annual ap- Commerce-Justice-State appropria- consistent with prior law. The sponsor propriations. These matters are far- tions bill today. I did not express my says that the definition was taken reaching. They deserve full debate and opposition to the inclusion of S. 1619 ‘‘word for word’’ from the Ginsberg Senate consideration before good in- because I did not want to hold up the case, but the fact is that several impor- tentions lead the Senate to take an- passage of crucial Commerce-State- tant terms were altered or omitted. other misstep in haste. Justice appropriations. However, I Mr. BURNS. Mr. President, I would This could be confusing, and it could want to make it very clear that I re- like to state for the record that I con- well have the unintended consequence main steadfastly opposed to big gov- tinue to have serious reservations of limiting the meaning of state ernment mandates on the filtering about the federal government mandat- ‘‘harmful to minors’’ laws. issue and I will work closely with my ing the use of specific technologies to The strict liability provisions of the colleagues as S. 2260 heads to con- solve the problem of schoolchildren’s amendment are another matter of con- ference to perfect the bill to reflect access to inappropriate material on the cern. The amendment imposes criminal these concerns. Internet. I believe that school boards liability and authorizes severe criminal I continue to believe that local com- are much more effective in making de- and civil sanctions on anyone who fails munities acting through their school cisions about appropriate policy or to take affirmative steps to restrict ac- and library boards, rather than soft- technology when dealing with Internet cess of certain materials by minors. ware programs that are at best ques- access for students than Washington. There is no requirement that the per- tionable or the federal government, are Advances in technology have brought son acted knowingly, willfully, or even in the best position to make decisions wonderful opportunities, but we must with criminal intent. The strict liabil- on this critical issue. not rely on technology to deal with ity imposed by the amendment would The PRESIDING OFFICER. The dis- complex public policy questions. Con- tinguished Senator from New Hamp- chill content on the Web. Also, since gress sets a dangerous precedent by shire is recognized. this amendment only applies to the stamping its ‘‘seal of approval’’ on soft- Web, I am concerned that if it becomes Mr. GREGG. Mr. President, I urge ware that may be obsolete next year or the pending amendment to the amend- law it would pressure Internet content even next week. providers and users to use or develop ment, by Senator MCCAIN, be accepted. I initially expressed my reservations The PRESIDING OFFICER. The Sen- other protocols with which they would about a bill which would require man- be able to exercise their First Amend- ator from South Carolina. dated filtering systems, S. 1619, during Mr. HOLLINGS. Mr. President, I ment rights unfettered by the threat of the Commerce Committee markup that strict liability criminal prosecution. think the distinguished Senator from was held this past March. I considered Washington has really outlined the There are other problems with the offering an amendment during the scope of the amendment. It does not concerns of both sides of the aisle. The markup that would have required Senator from Arizona has a good ini- define who would be covered by the schools and libraries to certify that crucial phrase ‘‘engaged in the business tiative here. Without further comment they had appropriate Internet Accept- on our side we accept the amendment. of the commercial distribution of ma- able Use Policies in place in order to terial.’’ Would the amendment cover The PRESIDING OFFICER. Without receive universal service funding. The objection, the second-degree and first- companies that offer free Web sites, Chairman of the Commerce Committee but charge for their off-line services? degree amendments are agreed to. assured me that if I were to pull my The amendment (No. 3228) was agreed Also, if we restrict coverage to com- amendment he would be open to work- to. mercial distributions, are we just en- ing with me to reach a compromise on The amendment (No. 3227), as amend- couraging people to post the very same the issue. Upon receiving this assur- ed, was agreed to. obnoxious materials on the Web for ance, I withdrew my amendment. Mr. GREGG. Mr. President, I move to free? Is that what we want? Over the last several months, I have reconsider the vote. Further, it is entirely unclear wheth- held numerous meetings among all of Mr. HOLLINGS. I move to lay that er the amendment’s affirmative de- the parties involved in the markup in motion on the table. fense provision can be used in the civil an effort to reach consensus. My office The motion to lay on the table was context, since it states that it is a de- has had an open door policy and had agreed to. fense to ‘‘prosecution’’ under the significantly altered the original lan- The PRESIDING OFFICER. The dis- amendment. Would companies that re- guage to expand its scope to reflect the tinguished Senator from Arizona is rec- strict access to their Web sites in ac- concerns of my colleagues. The draft ognized. cordance with FCC procedures nonethe- compromise amendment I was prepared Mr. MCCAIN. Mr. President, I do not less be exposed to the stiff civil pen- to offer required that schools have want to interfere with the managers alties established by the amendment? Internet use policies in place that ad- and their schedule. I wonder if the We can and must do better. There are dress not only access to the World Wide manager would be in disagreement if I other more effective and less restric- Web, but also the security of school- sent an amendment to the desk at this tive solutions—solutions like filtering children when using E-mail and chat time or did he have other plans? technology, which empower individual rooms. These policies would have to be I ask unanimous consent to yield to Internet users without reducing the public, widely distributed and effec- the distinguished manager. level of discourse over the Web to what tive. Furthermore, the compromise Mr. GREGG. I understood the Sen- would be suitable for a sandbox. This amendment would significantly expand ator from California was going to offer amendment, like its predecessor, criminal penalties on an amendment, and the Senator from places an unacceptably heavy burden ‘‘cyberstalkers’’—criminals who use Minnesota was going to offer an on protected speech. We should not run computers to exploit or abuse children. amendment. We were going to alter- another ambiguous speech regulation The compromise amendment has nate. I ask the Democratic floor man- up the flagpole and expect the courts achieved significant support because of ager how he feels about it. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8615 Mr. HOLLINGS. I think the Senator tors for the same superstation and network is prohibited from implementing, enforceing from Arizona should proceed. signals. collecting or awarding copyright royalty (J) Effective May 1, 1992, the royalty fees Mr. MCCAIN addressed the Chair. fees, and no obligation or liability for copy- The PRESIDING OFFICER. The Sen- payable by satellite carriers were increased right royalty fees shall accrue pursuant to through compulsory arbitration to $0.06 per ator from Arizona. the decision of the Librarian of Congress on subscriber per month for retransmission of October 27, 1997, which established a royalty AMENDMENT NO. 3229 network signals and $0.175 per subscriber per fee of $0.27 per subscriber per month for the (Purpose: To amend the Communications month for retransmission of superstation retransmission of distant broadcast signals Act of 1934 to promote competition in the signals, unless all of the programming con- by satellite carriers, before January 1, 2000. market for delivery of multi-channel video tained in the superstation signal is free from Mr. MCCAIN. Mr. President, today I programming and for other purposes) syndicated exclusivity protection under the offer an amendment to H.R. 2260 that Mr. MCCAIN. Mr. President, I send an rules of the Federal Communications Com- will keep consumer prices for satellite amendment to the desk and ask for its mission, in which case the fee was decreased TV service from abruptly increasing immediate consideration. to $0.14 per subscriber per month. These fees were 40–70 percent higher than the royalty and, thereby, promote competition in The PRESIDING OFFICER. The fees paid by cable television operators to re- the market for delivery of multi- clerk will report the amendment. transmit the same signals. The legislative clerk read as follows: channel video programming. This (K) On October 27, 1997, the Librarian of amendment was originally introduced The Senator from Arizona (Mr. MCCAIN), Congress adopted the recommendation of the as S. 1422, the Federal Communications for himself and Mr. BURNS, proposes an Copyright Arbitration Royalty Panel and ap- amendment numbered 3229. proved raising the royalty fees of satellite Commission Satellite Carrier Over- sight Act. Twenty-seven Members of Mr. MCCAIN. Mr. President, I ask carriers to $0.27 per subscriber per month for unanimous consent that the reading of both superstation and network signals, effec- the Senate are cosponsors of S. 1422. I tive January 1, 1998. the amendment be dispensed with. ask unanimous consent that the list of (L) The fees adopted by the Librarian are cosponsors be printed. The PRESIDING OFFICER. Without 270 percent higher for superstations and 900 objection, it is so ordered. percent higher for network signals than the There being no objection, the list was The amendment is as follows: royalty fees paid by cable television opera- ordered to be printed in the RECORD, as At the appropriate place, insert the follow- tors for the exact same signals. follows: ing: (M) To be an effective competitor to cable, S. 1422 direct-to-home satellite television must have SEC. . MULTICHANNEL VIDEO PROGRAMMING. SPONSOR access to the same programming carried by (a) FINDINGS.— Senator McCain (introduced 11/07/97) (1) The Congress finds that: its competitors and at comparable rates. In (A) Signal theft represents a serious threat addition, consumers living in areas where 27 COSPONSORS to direct-to-home satellite television. In the over-the-air network signals are not avail- Senator Burns—11/07/97 Telecommunications Act of 1996, Congress able rely upon satellite carriers for access to Senator Dorgan—11/07/97 confirmed the applicability of penalties for important news and entertainment. Senator Collins—01/28/98 (N) The Copyright Arbitration Royalty unauthorized decryption of direct-to-home Senator Craig—01/28/98 Panel did not adequately consider the ad- satellite services. Nevertheless, concerns re- Senator Hutchinson—01/28/98 verse competitive effect of the differential in main about civil liability for such unauthor- Senator Murkowski—01/28/98 satellite and cable royalty fees on promoting Senator Inouye—02/03/98 ized decryption. competition among multichannel video pro- (B) In view of the desire to establish com- Senator Bryan—02/09/98 gramming providers and the importance of petition to the cable television industry, Senator Hollings—02/23/98 evaluating the fees satellite carriers pay in Congress authorized consumers to utilize di- Senator Gorton—02/23/98 the context of the competitive nature of the rect-to-home satellite systems for viewing Senator Baucus—02/24/98 multichannel video programming market- Senator Kerrey—02/27/98 video programming through the Cable Com- place. munications Policy Act of 1984. Senator Enzi—03/11/98 (O) If the recommendation of the Copy- Senator Cleland—05/07/98 (C) Congress found in the Cable Television right Arbitration Royalty Panel is allowed Consumer Protection and Competition Act of Senator Conrad—11/07/97 to stand, the direct-to-home satellite indus- Senator Brownback—01/28/98 1992 that without the presence of another try, whose total subscriber base is equivalent multichannel video programming distribu- Senator Coverdell—01/28/98 in size to approximately 11 percent of all Senator Hagel—01/28/98 tor, a cable television operator faces no local cable households, will be paying royalties competition and that the result is undue Senator Inhofe—01/28/98 that equal half the size of the cable royalty Senator Roberts—01/28/98 market power for the cable operator as com- pool, thus giving satellite subscribers a dis- pared to that of consumers and other video Senator Allard—02/04/98 proportionate burden for paying copyright Senator Snowe—02/11/98 programmers. royalties when compared to cable television (D) The Federal Communications Commis- Senator Robb—02/23/98 subscribers. Senator Johnson—02/24/98 sion, under the Cable Television Consumer (b) DBS SIGNAL SECURITY.—Section 605(d) Senator Kerry—02/24/98 (withdrawn—02/27/ Protection and Competition Act of 1992, has of the Communications Act of 1934 (47 U.S.C. 98) the responsibility for reporting annually to 605) is amended by adding after ‘‘satellite Senator Sessions—03/09/98 the Congress on the state of competition in cable programming,’’ the following: ‘‘or di- Senator Chafee—03/31/98 the market for delivery of multichannel rect-to-home satellite services,’’. Senator Smith, Bob—06/01/98 video programming. (c) NOTICE OF INQUIRY; REPORT.—Section (E) In the Cable Television Consumer Pro- 628 of the Communications Act of 1934 (47 Mr. MCCAIN. Mr. President, the bill tection and Competition Act of 1992, Con- U.S.C. 548) is amended by adding at the end was reported unanimously by the Com- gress stated its policy of promoting the of subsection (g): ‘‘The Commission shall, merce Committee. availability to the public of a diversity of within 180 days after enactment of the Act Mr. President, with cable television views and information through cable tele- making appropriations for the Department vision and other video distribution media. of Commerce, Justice, and State, the Judici- rates increasing at seven times the (F) Direct-to-home satellite television ary and related agencies for the fiscal year Consumer Price Index and three times service is the fastest growing multichannel evolving September 30, 1998, initiate a notice the rate of inflation, Congress has an video programming service with approxi- of inquiry to determine the best way in urgent interest in assuring that con- mately 8 million households subscribing to which to facilitate the retransmission of dis- sumers have a choice of video providers video programming delivered by satellite tant broadcast signals such that it is more at competitive rates. However, recent carriers. consistent with the 1992 Cable Act’s goal of regulatory action threatens to raise (G) Direct-to-home satellite television promoting competition in the market for de- the rates consumers pay for satellite service is the service that most likely can livery of multichannel video programming provide effective competition to cable tele- and the public interest. The Commission also television service, and therefore will vision service. shall within 180 days after such date of en- hurt the ability of satellite television (H) Through the compulsory copyright li- actment report to Congress on the effect of operators to compete effectively with cense created by section 119 of the Satellite the increase in royalty fees paid by satellite cable operators. Home Viewer Act of 1988, satellite carriers carriers pursuant to the decision by the Li- On October 27, 1997, the Librarian of have paid a royalty fee per subscriber, per brarian of Congress on competition in the Congress adopted a precipitous and un- month to retransmit network and supersta- market for delivery of multichannel video justified increase in the copyright fees tion signals by satellite to subscribers for programming and the ability of the direct- private home viewing. to-home satellite industry to compete.’’. satellite carriers pay for superstation (I) Congress set the 1988 fees to equal the (d) EFFECTIVE DATE.—Notwithstanding any and network affiliate signals delivered average fees paid by cable television opera- other provision of law, the Copyright Office to satellite TV households. S8616 CONGRESSIONAL RECORD — SENATE July 21, 1998 Before this increase, satellite copy- I hope we can have the amendment ‘‘(iii) is a safe, gun safe, gun case, lock box, right rates were 14 cents per subscriber adopted. I thank the managers of the or other device that is designed— per month for each superstation signal bill. I thank the Senator from Califor- ‘‘(I) to store a firearm; and and 6 cents per subscriber per month nia if I went ahead of her in the queue. ‘‘(II) to be unlocked only by means of a key, a combination, or other similar means; for each network signal. Cable opera- Mr. President, I yield the floor. and tors, by comparison, pay much less for Mr. GREGG addressed the Chair. ‘‘(B) that is approved by a licensed fire- the same signals—an average of 9.7 The PRESIDING OFFICER. The Sen- arms manufacturer for use on the handgun cents for the exact same superstations ator from New Hampshire is recog- with which the device or locking mechanism and 2.7 cents for the exact same net- nized. is sold, delivered, or transferred.’’. work signals. But, under the new copy- Mr. GREGG. Mr. President, I am not (b) UNLAWFUL ACTS.— right rates adopted last October, sat- sure if the Senator from South Caro- (1) IN GENERAL.—Section 922 of title 18, ellite carriers are forced to pay almost lina wants to make a statement, but United States Code, is amended by inserting after subsection (x) the following: 270% more than cable pays for super- we are ready to accept this amend- ‘‘(y) LOCKING DEVICES.— ment. station signals, and 900% more than ‘‘(1) IN GENERAL.—Except as provided in cable pays for network signals. Mr. HOLLINGS. I urge adoption of paragraph (2), it shall be unlawful for any li- These new copyright rates would add the amendment. censed manufacturer, licensed importer, or substantially to the regulatory and Mr. GREGG. I ask unanimous con- licensed dealer to sell, deliver, or transfer technical barriers satellite carriers al- sent that the amendment be adopted. any handgun to any person other than a li- ready face in providing service that The PRESIDING OFFICER. Is there censed manufacturer, licensed importer, or customer consider a fair substitute for further debate on the amendment? licensed dealer, unless the transferee is pro- cable television. They will hit consum- Hearing none, without objection, the vided with a locking device for that hand- gun. ers in rural areas particularly hard, be- amendment is agreed to. ‘‘(2) EXCEPTIONS.—Paragraph (1) does not cause residents in those areas have tra- The amendment (No. 3229) was agreed apply to— ditionally relied on reasonably-priced to. ‘‘(A) the— satellite TV service as their only Mr. GREGG. Mr. President, I move to ‘‘(i) manufacture for, transfer to, or posses- source of multichannel TV. reconsider the vote by which the sion by, the United States or a State or a de- This amendment rolls this unreason- amendment was agreed to. partment or agency of the United States, or able satellite TV copyright rate in- Mr. HOLLINGS. I move to lay that a State or a department, agency, or political crease back to the rates in effect prior motion on the table. subdivision of a State, of a firearm; or to January 1st of this year, and it The motion to lay on the table was ‘‘(ii) transfer to, or possession by, a law en- agreed to. forcement officer employed by an entity re- delays the effective date of the rate in- ferred to in clause (i) of a firearm for law en- crease to January 1, 2000. Mrs. BOXER addressed the Chair. forcement purposes (whether on or off duty); Mr. President, the 7.5 million U.S. The PRESIDING OFFICER. The dis- or households who currently subscribe to tinguished Senator from California is ‘‘(B) the transfer to, or possession by, a rail satellite television deserve to have the recognized. police officer employed by a rail carrier and effect of this copyright fee increase on Mrs. BOXER. Thank you very much, certified or commissioned as a police officer video competition reconsidered to en- Mr. President. under the laws of a State of a firearm for purposes of law enforcement (whether on or sure a less arbitrary and more con- AMENDMENT NO. 3230 off duty).’’. sumer friendly result. This delay will (Purpose: To amend chapter 44 of title 18, (2) EFFECTIVE DATE.—Section 922(y) of title give the FCC an opportunity to analyze United States Code, to improve the safety 18, United States Code, as added by this sub- the impact increased copyright fees of handguns) section, shall take effect 150 days after the would have on satellite’s ability to Mrs. BOXER. Mr. President, I send an date of enactment of this Act. compete with cable, and it will give amendment to the desk, and I ask for (c) LIABILITY; EVIDENCE.— Congress an opportunity to evaluate its consideration. (1) LIABILITY.—Nothing in this section the FCC’s report and respond accord- The PRESIDING OFFICER. The shall be construed to— ingly. clerk will report the amendment. (A) create a cause of action against any The bill also addresses an issue of The legislative clerk read as follows: firearms dealer or any other person for any civil liability; or continuing concern to the satellite TV The Senator from California [Mrs. BOXER], (B) establish any standard of care. industry. Signal theft represents a seri- for herself and Mr. KOHL, proposes an amend- (2) EVIDENCE.—Notwithstanding any other ous threat to satellite TV operators. In ment numbered 3230. provision of law, evidence regarding compli- the Telecommunications Act of 1996, Mrs. BOXER. Mr. President, I ask ance or noncompliance with the amendments Congress confirmed the applicability of unanimous consent that the reading of made by this section shall not be admissible penalties for unauthorized decryption the amendment be dispensed with. as evidence in any proceeding of any court, of satellite TV services. The amend- The PRESIDING OFFICER. Without agency, board, or other entity, except with ment we propose would confirm the ju- objection, it is so ordered. respect to an action to enforce this section. (3) RULE OF CONSTRUCTION.—Nothing in this dicial interpretation that civil suits The amendment is as follows: subsection shall be construed to bar a gov- may be brought by satellite TV opera- At the appropriate place in title I of the ernmental action to impose a penalty under tors for signal theft. bill, insert the following: section 924(p) of title 18, United States Code, I thank the 27 Senators who co-spon- SEC. 1ll. CHILD SAFETY LOCKS. for a failure to comply with section 922(y) of sored this bill which affects every sin- (a) DEFINITIONS.—Section 921(a) of title 18, that title. gle consumer of multichannel video United States Code, is amended by adding at (d) CIVIL PENALTIES.—Section 924 of title service. the end the following: 18, United States Code, is amended— Mr. President, I thank the managers ‘‘(34) The term ‘locking device’ means a de- (1) in subsection (a)(1), by striking ‘‘or (f)’’ for allowing me to propose this amend- vice or locking mechanism— and inserting ‘‘(f), or (p)’’; and ment. Let me say briefly, we all know ‘‘(A) that— (2) by adding at the end the following: ‘‘(i) if installed on a firearm and secured by ‘‘(p) PENALTIES RELATING TO LOCKING DE- that cable rates are on the rise, that means of a key or a mechanically, electroni- VICES.— the American consumers are very cally, or electromechanically operated com- ‘‘(1) IN GENERAL.— angry about it and they want competi- bination lock, is designed to prevent the fire- ‘‘(A) SUSPENSION OR REVOCATION OF LI- tion. This will provide more competi- arm from being discharged without first de- CENSE; CIVIL PENALTIES.—With respect to tion. activating or removing the device by means each violation of section 922(y)(1) by a li- There are other areas where we can of a key or mechanically, electronically, or censee, the Secretary may, after notice and provide more competition, such as the electromechanically operated combination opportunity for hearing— ability to broadcast local news and lock; ‘‘(i) suspend or revoke any license issued to local weather. Even the cable industry ‘‘(ii) if incorporated into the design of a the licensee under this chapter; or firearm, is designed to prevent discharge of ‘‘(ii) subject the licensee to a civil penalty does not oppose this move, because the firearm by any person who does not have in an amount equal to not more than $10,000. they know that in the interest of fair- access to the key or other device designed to ‘‘(B) REVIEW.—An action of the Secretary ness, we need to have a better equali- unlock the mechanism and thereby allow under this paragraph may be reviewed only zation of these copyright fees. discharge of the firearm; or as provided in section 923(f). July 21, 1998 CONGRESSIONAL RECORD — SENATE S8617 ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not cess to guns in the home, and a survey pension or revocation of a license or the im- apply to— sponsored by the National Institutes of position of a civil penalty under paragraph ‘‘(A) the— Justice found that 34 percent of hand- (1) does not preclude any administrative ‘‘(i) manufacture for, transfer to, or posses- gun owners store their guns unlocked remedy that is otherwise available to the sion by, the United States or a State or a de- Secretary.’’. partment or agency of the United States, or and loaded. As long as this continues (e) EFFECTIVE DATE.—This section and the a State or a department, agency, or political to be the case, our children are not amendments made by this section shall take subdivision of a State, of a firearm; or safe. effect 150 days after the date of enactment of ‘‘(ii) transfer to, or possession by, a law en- I have on this chart just some num- this Act. forcement officer employed by an entity re- bers. In one year, firearms killed no Mrs. BOXER. Mr. President, I ask for ferred to in clause (i) of a firearm for law en- children in Japan—no children; 19 in the yeas and nays. forcement purposes (whether on or off duty); Great Britain; 57 in Germany; 109 chil- The PRESIDING OFFICER. Is there a or dren were killed in France; 153 children ‘‘(B) the transfer to, or possession by, a rail sufficient second? were killed in Canada; and in the There appears to be a sufficient sec- police officer employed by a rail carrier and certified or commissioned as a police officer United States of America, the greatest ond. under the laws of a State of a firearm for democracy in the world, the greatest The yeas and nays were ordered. purposes of law enforcement (whether on or nation in the world, 5,285 children have AMENDMENT NO. 3231 TO AMENDMENT NO. 3230 off duty).’’. been killed. (Purpose: To provide that the amendments (2) EFFECTIVE DATE.—Section 922(y) of title I know that some of my colleagues made to title 18, United States Code, shall 18, United States Code, as added by this sub- prefer that I not offer this amendment take effect 180 days after enactment) section, shall take effect 180 days after the at this time. They will argue that my Mrs. BOXER. Mr. President, I send a date of enactment of this Act. amendment is not germane under a second-degree amendment to the desk, (c) LIABILITY; EVIDENCE.— (1) LIABILITY.—Nothing in this section strict definition of the term ‘‘ger- and I ask for its immediate consider- mane,’’ and I should wait until an au- ation. shall be construed to— (A) create a cause of action against any thorization bill reaches the floor. The PRESIDING OFFICER. The firearms dealer or any other person for any To those colleagues I say today that clerk will report the amendment. civil liability; or I have tried. For more than a year, I The legislative clerk read as follows: (B) establish any standard of care. have waited for the Senate to consider The Senator from California (Mrs. BOXER) (2) EVIDENCE.—Notwithstanding any other a firearms bill or a crime bill, a juve- proposes an amendment numbered 3231 to provision of law, evidence regarding compli- nile justice bill, any bill to which I amendment No. 3230. ance or noncompliance with the amendments Mrs. BOXER. Mr. President, I ask made by this section shall not be admissible could attach this amendment. As the Senate waited, our schools unanimous consent that the reading of as evidence in any proceeding of any court, have exploded in an unprecedented se- the amendment be dispensed with. agency, board, or other entity, except with The PRESIDING OFFICER. Without respect to an action to enforce this section. ries of shootings, many of which in- objection, it is so ordered. (3) RULE OF CONSTRUCTION.—Nothing in this volved unlocked handguns stolen from subsection shall be construed to bar a gov- the home of a friend or family member. The amendment is as follows: ernmental action to impose a penalty under Strike all after the first word and insert As we waited, Mr. President, children section 924(p) of title 18, United States Code, the following: across the country have died violent ll for a failure to comply with section 922(y) of 1 . CHILD SAFETY LOCKS. that title. deaths. (a) DEFINITIONS.—Section 921(a) of title 18, (d) CIVIL PENALTIES.—Section 924 of title I see my colleague from Illinois is United States Code, is amended by adding at 18, United States Code, is amended— here. He has worked on so many impor- the end the following: (1) in subsection (a)(1), by striking ‘‘or (f)’’ tant issues, and he is working hard on ‘‘(34) The term ‘locking device’ means a de- and inserting ‘‘(f), or (p)’’; and this issue. vice or locking mechanism— (2) by adding at the end the following: We were together just a few weeks ‘‘(A) that— ‘‘(p) PENALTIES RELATING TO LOCKING DE- ‘‘(i) if installed on a firearm and secured by ago with a mother who lost a child in VICES.— the Arkansas shootout. She approached means of a key or a mechanically, electroni- ‘‘(1) IN GENERAL.— cally, or electromechanically operated com- ‘‘(A) SUSPENSION OR REVOCATION OF LI- the microphone and, barely audibly, bination lock, is designed to prevent the fire- CENSE; CIVIL PENALTIES.—With respect to told us that we have to act. She under- arm from being discharged without first de- each violation of section 922(y)(1) by a li- stands, better than any of us, that our activating or removing the device by means censee, the Secretary may, after notice and kids are dying. More kids are dying in of a key or mechanically, electronically, or opportunity for hearing— this country than any other country. electromechanically operated combination ‘‘(i) suspend or revoke any license issued to And it would be so simple to lower lock; the licensee under this chapter; or ‘‘(ii) if incorporated into the design of a those numbers if we could get these ‘‘(ii) subject the licensee to a civil penalty safety locks on these weapons. firearm, is designed to prevent discharge of in an amount equal to not more than $10,000. So we have waited. I think it is time the firearm by any person who does not have ‘‘(B) REVIEW.—An action of the Secretary access to the key or other device designed to under this paragraph may be reviewed only that we stopped waiting. We have to unlock the mechanism and thereby allow as provided in section 923(f). ask ourselves, How many children discharge of the firearm; or ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- must die before we decide it is time to ‘‘(iii) is a safe, gun safe, gun case, lock box, pension or revocation of a license or the im- act? We cannot wait. We cannot delay. or other device that is designed— position of a civil penalty under paragraph We must act now. The safety of our ‘‘(I) to store a firearm; and (1) does not preclude any administrative ‘‘(II) to be unlocked only by means of a children depend on it. I do not think remedy that is otherwise available to the any American wants to turn on the tel- key, a combination, or other similar means; Secretary.’’. and (e) EFFECTIVE DATE.—This section and the evision and witness another one of ‘‘(B) that is approved by a licensed fire- amendments made by this section shall take these shootings that could have been arms manufacturer for use on the handgun effect 180 days after the date of enactment of prevented had there been a safety lock with which the device or locking mechanism this Act. on the gun. I am not saying it would is sold, delivered, or transferred.’’. prevent every single accident. But, Mr. (b) UNLAWFUL ACTS.— The PRESIDING OFFICER. The Sen- (1) IN GENERAL.—Section 922 of title 18, ator is recognized. President, we know it would definitely United States Code, is amended by inserting Mrs. BOXER. Thank you very much, prevent many of those shootings. We after subsection (x) the following: Mr. President. cannot delay. ‘‘(y) LOCKING DEVICES.— The amendment in the second degree Of these 5,285 children who were ‘‘(1) IN GENERAL.—Except as provided in I have just sent to the desk requires killed by firearms, Mr. President, 440 paragraph (2), it shall be unlawful for any li- that all handguns sold in the United died as a result of accidental shoot- censed manufacturer, licensed importer, or States include a child safety lock. I am ings—kids, little kids, usually shot by licensed dealer to sell, deliver, or transfer any handgun to any person other than a li- offering this amendment for one ex- other little kids, playing with a gun, censed manufacturer, licensed importer, or tremely simple reason: to keep our found in their parents’ bedroom or at a licensed dealer, unless the transferee is pro- children safe. friend’s home. That is over one child vided with a locking device for that hand- The Centers for Disease Control re- per day. gun. ports that 1.2 million children have ac- Look at this chart, Mr. President. S8618 CONGRESSIONAL RECORD — SENATE July 21, 1998 ‘‘Boy paralyzed in a gun accident. intruders. But one evening, when she iently preserving access to guns used for self Cousin, 9, mistakenly thought he re- was changing the linens on her bed, she protection. moved the bullets from the gun, police removed the handgun and placed it on So if you need to have the gun for say.’’ a nightstand. It took a few seconds for self-protection, it is there. ‘‘Avra Valley boy shot to death as his the 3-year-old son to pick up the gun Even Charlton Heston, president of best friend handled handgun.’’ and shoot his little sister. the National Rifle Association, ex- ‘‘3-year-old finds gun, kills sister.’’ A neighbor took the baby to the hos- pressed qualified support for safety You know, we cannot be so jaded that pital and later said that the mother locks during an appearance on ‘‘Meet we forget about the personal tragedies ‘‘had the baby all covered up, but I the Press’’ last month. every family goes through when this could see a lot of blood. I haven’t seen It is important. We all love children happens. The mother from Arkansas, that much blood for a long, long time.’’ here. Most of us are parents; many are Suzann Wilson, told us, ‘‘I taught my Miraculously, Mr. President, the little grandparents. I think of my 3-year-old daughter so many things,’’ because she girl survived. grandson. As responsible parents we said that ‘‘it’s a dangerous world.’’ She And from Salt Lake City, UT, ‘‘Boy ought to make sure that these lethal said, ‘‘I taught her never to take a ride Playing With Gun Shoots and Kills 13- weapons cannot be used by children. from a stranger. I told her, when you year-old Friend.’’ Here it is—Salt Lake This amendment is not about taking walk down the street at night, be with City. Three boys were playing in a Salt people’s guns away. It aims only to a friend.’’ She said, ‘‘I taught her ev- Lake City home when one found a load- protect children while preserving a erything I thought I had to. But,’’ she ed, unlocked handgun hidden behind citizen’s right to keep a firearm in the said, ‘‘I never taught her, ‘Don’t go the headboard in the master bedroom. home for self-defense or any other le- outside when the fire alarm rings in You know, kids are very smart. You gitimate purpose. school because some kid may have think you are hiding something from Again, Senator KOHL actually au- triggered the alarm and has a gun and them, but they can find these things. thored this bill and many of us are co- is going to kill you.’ ’’ They were horsing around in the bed- sponsors. The good news is that many And just listening to her words, we room and the gun fired. The victim was of the handgun makers have decided to knew we had to act as soon as we transported by helicopter to the hos- do this voluntarily, about 75 percent of could. I know my colleague from Illi- pital too late—he was declared dead an them. This is good news. The bad news nois has been a leader in the area of hour later. is, 25 percent have not. That means the Brady bill and in the area of mak- Mr. President, I could go on and on. there will be 350,000 guns sold which ing parents responsible when children I am not going to take the time of the will not be sold with a safety lock. use a gun. All of these things together Senate to repeat all of these stories, If we pass this legislation, the vol- are important. And this is very impor- because to repeat a story, behind every untary agreement will move forward tant. headline, it would just take too much and we will make sure that those Mr. President, over one child a day— of the Senate’s time. And the other 350,000 guns that will not be covered by more than one child a day—dies by ac- reason is that when you keep telling the voluntary agreement will be cov- cident because they are doing what these stories, you get so sad that you ered by a child safety lock. normal children do. Normal children, do not want to keep on focusing on the If we pass this amendment, children they explore, they are curious; they past. But let us talk about what we can will live who would otherwise die as a find a gun, and they shoot it. do, what we can do to prevent similar result of accidental gun shootings. Ex- I want to put back the other chart tragedies in the future. actly how many? I don’t know; let’s which shows those numbers one more My amendment does that. Again, it look at those numbers again. Out of time, because I hope Senators will take was carefully crafted by Senator KOHL, the 5,000 deaths of children, 440 were a look at these. I am going to expand Senator DURBIN, and myself. Just accidents. Mr. President, I believe of on some of the stories that I talked think, if the parents of those children, those accidents, we could stop the ma- about here. whose terrible stories I have told, were jority. The 3-year-old who found a gun and given a safety lock when they bought I am proud to stand here for the chil- killed his sister from Fort Myers, FL. their handguns, these senseless trage- dren, to protect them from safety and Colton Hinke and his 2-year-old sister dies—every one of them that I cited harm. Child safety locks will do that. I Kaile were playing in their parents’ here—could have been avoided. hope we will get an overwhelming vote. bedroom when Colton found an un- So what is a child safety lock? And I am happy to yield to my colleague. locked, loaded handgun in a drawer. A how does it work? A child safety lock Mr. DURBIN. I thank the Senator neighbor who heard the shot rushed to is simple; it is inexpensive device, de- from California. the scene, found Kaile on her back—her signed to prevent the use of a firearm I rise in support of the Senator’s face pale, her lips blue, a small hole in by unauthorized users—very simple. amendment, first and second degree. her chest. She was in shock. She was The most common are trigger locks, Mr. President, at this point, does the rushed to the hospital, but it was too which fit over the trigger of a gun; and Senator from California retain the late. chamber locks, which fit into a fire- floor or is the correct procedure for me The neighbor told the Fort Myers arm’s chamber, preventing it from dis- to ask for recognition under my own News: charging. I have seen these locks. I right? She was a beautiful little girl. She had the have used these locks. They are very, The PRESIDING OFFICER. If the biggest blue eyes. . . . The boy didn’t even very simple to use. Senator from California is not going to know what was going on. The hardest thing My amendment also defines yield the floor, the Senator can re- is that they are both innocent victims. lockboxes—which are storage cases de- spond; if the Senator from California A little 3-year-old brother—it is un- signed to hold guns securely—as child chooses to yield the floor, the Senator believable, an accidental shooting of safety locks. If someone does not want may rise and seek recognition. probably the little human being in his to put a lock physically on the gun, Mrs. BOXER. I yield for a question to life he loved more than anything else. they can lock it in a lockbox and it my friend so I can retain the right to From Kansas City, KS, a 1-year-old will qualify under the amendment. the floor at this time. Kansas City girl, shot in the head. Here These devices are generally locked Mr. DURBIN. I certainly rise in it is. ‘‘1-year-old Kansas City, Kansas, with a key, although combination and strong support of what the Senator girl shot in the head.’’ This article tells other kinds of locks are acceptable. from California is setting out to do. I the story of a 1-year-old girl critically Safety locks work. But do not take want to acknowledge that she shares injured when shot in the head by her 3- my word for it. Listen to what Gun the important position that the Sen- year-old brother. Tests magazine, a publication for gun ator from Wisconsin, Senator KOHL, Mr. President, something is des- enthusiasts, said about safety locks: has taken on this legislation. perately wrong. Their mother kept an If a lock is properly designed, it will ward I have a query of the Senator from unlocked, loaded handgun under her off the curious fingers of those too young to California. Many of the critics who mattress to protect her family against handle firearms responsibly, while conven- come here saying this is unnecessary, July 21, 1998 CONGRESSIONAL RECORD — SENATE S8619 it is impractical, are the same people this voluntarily, but still there are 25 cause of death among children. So any- who have lamented, along with all of percent of the guns that will come on thing we can do to prevent that is America, the tragic loss of life involved to the market with no safety lock. worth doing. in children picking up guns. I will offer Mr. DURBIN. Can the Senator from My colleague has shown a typical another amendment later on dealing California tell me what is the cost of safety lock. It is not expensive. Many with what I believe to be the respon- one of these trigger locks? companies have agreed to do this vol- sibility of gun owners when they have Mrs. BOXER. Five to ten dollars untarily. It seems to me we need to a gun in the presence of a child. each. give a boost to those others to join. The Senator from California, though, Mr. DURBIN. In my home State of Il- This law would not adversely impact really raises this question about a very linois, the City of Elgin, which has de- those who are voluntarily moving for- important mechanical part of this cided to pass a local law, actually sub- ward with these locks. equation: Shall we put on each hand- sidized the trigger lock sales so anyone gun in America a device which will pro- coming to the police department could I am interested to hear the argument tect it so that if the gun owner is not buy one for $3. So anywhere from $3 for against this because it will be hard for present and a child picks it up, the a subsidized trigger lock to a maxi- me to understand how we could look at child can’t hurt himself? mum of $10 buys this peace of mind this figure, say that we love our chil- I brought with me evidence of that, that I think is so important when we dren, say that we should be protectors which I am happy to share with the consider this trigger lock legislation. of our children, and still not stand up Senator from California, to show ex- I might ask the Senator from Califor- for our children. We can do it with this actly what we are talking about. This nia, your legislation would require, amendment. It isn’t rocket science, it is a trigger lock. And this trigger lock, then, a trigger lock be sold with each is a simple child safety lock. Just as we as the Senator from California has handgun? would keep out of the reach of our chil- noted, is easily disengaged, just with Mrs. BOXER. That is correct. It dren anything dangerous, this is the the turn of the key, and opened. would be part of the purchase, yes. only way to keep guns out of the reach I first saw one of these when I went Mr. DURBIN. At this point, I yield of children. to Elgin, IL, and the chief of police the floor back to the Senator from I want to thank my colleagues for showed me that every officer going California, and at such time as she is their patience. I am looking forward to home in the evening takes a trigger finished, I will address it myself. an overwhelming vote on this. Mrs. BOXER. I ask unanimous con- lock and puts it on the gun. Of course, I ask unanimous consent Senator MI- sent that at the conclusion of my re- the officer may need the gun for self- KULSKI be added as a cosponsor. defense or law enforcement; they don’t marks the Senator from Illinois be rec- think a trigger lock is an impediment. ognized for 15 minutes. The PRESIDING OFFICER. Without With the key not in it, that gun can’t Mr. GREGG. Reserving the right to objection, it is so ordered. be used. object, I believe there are other people The Senator from Illinois is recog- I pose this question to the Senator who wish to address this issue. It would nized for 15 minutes. from California: Is the Senator from seem fair that we alternate from side Mr. DURBIN. Mr. President, can I California aware that the Federal Bu- to side. say something at the outset? There are reau of Investigation requires that all There is nobody on our side now who people on the floor who oppose this of its agents have trigger locks on the wants to address it right now. How amendment. I will be happy to yield guns that they take home in the much longer does the Senator from during the course of my statement to evening? California plan to talk? debate it. I know they have strong Mrs. BOXER. I answer my friend in Mrs. BOXER. I have completed my feelings on the other side. I think we this way. I heard that is their advice. I remarks at this time. I am happy to can add something to this issue if we was unaware it was a rule. Is my friend enter into a time agreement on this have a real debate instead of just saying it is a rule? issue if the managers would like. It is monologues on both sides. I invite any Mr. DURBIN. Yes, it is. As a matter not my intention to hold up this bill as Senator on the floor who opposes the of fact, is the Senator aware of the fact a member of the Appropriations Com- Boxer-Durbin-Kohl-Torricelli amend- that when Mr. Freeh, the Director of mittee, so if you want to put together ment to feel free at any moment to en- the Federal Bureau of Investigation, a time agreement, it would be excel- gage us in a question and debate. I testified before the Senate Judiciary lent. think that would help the public in the Committee last year, I asked point I know my colleague has been trying galleries and those watching television blank, ‘‘What has your experience been to get the floor; we can continue to do to follow this debate and to understand at the FBI with this policy that re- questions and answers, because that is the simplicity and the honesty of the quires child safety locks or trigger another way we could go, but I would amendment offered by the Senator locks to be used by every FBI agent?’’ prefer if he had an opportunity to from California. And Director Freeh said, ‘‘I think it speak, following my remarks. has worked very well. I think it hasn’t Mr. GREGG. I have no objection. Let me say that we should look at impeded any readiness or ability to The PRESIDING OFFICER (Mr. the scope of this challenge. We are a Nation of 265 million people. We are a protect. I think it is a very simple but KEMPTHORNE). Without objection, it is very wholesome requirement. Having so ordered. Nation of 300 million guns—300 million five small boys myself, I think it is a Mrs. BOXER. Mr. President, I will guns. As we stand here today in the very good idea, whether or not it is get ready to yield the floor to my col- midst of this debate, approximately mandated.’’ league from Illinois for 15 minutes of half of those guns at this moment in I just ask the Senator from Califor- his remarks, but I want to take this time are accessible to children. They nia, is she aware of any of the critics of opportunity to thank him and again to are accessible in the drawer behind the this legislation who can overcome this thank Senator KOHL, who I know will socks, in the closet up on the shelf, testimony from the Director of the be coming to the floor at some point to down in the bottom of the closet be- Federal Bureau of Investigation that talk about this. hind the shoes—accessible to kids. they already use these trigger locks for I ask unanimous consent that Sen- As the Senator from California will law enforcement agents who take the ator TORRICELLI be added as a cospon- tell you—and I can attest to it having guns home in an evening? sor of my amendment. been a father and now a grandparent— Mrs. BOXER. I think it is very dif- The PRESIDING OFFICER. Without children will always find Christmas ficult to take the other side of this objection, it is so ordered. gifts and guns. I don’t care where you issue. I am sure we will hear it, but try Mrs. BOXER. I simply say this: If hide them, they are going to find them. as I might, I can’t understand one rea- ever there was a matter that was a When they find a loaded gun, tragic oc- son why we shouldn’t do this. Seventy- commonsense matter, this is it. We are currences happen. In fact, in this Na- five percent of the makers of guns, I losing kids; 5,000 kids are dying. In my tion that we live in, 14 times a day we say to my friend, have agreed to do State, gunshot wounds are the No. 1 lose a child to a gun—14 times a day. S8620 CONGRESSIONAL RECORD — SENATE July 21, 1998 What the Senator from California is Senate and under objection on the any gun violence. We will give speeches suggesting is something that is so sim- floor, is something that is not a major on the floor, and at home we will send ple and practical that I think this Sen- investment by any gun owner, but letters of regret and condolences, as we ate should go on the record with a vote could bring peace of mind not only to should. But when it comes to the bot- in support of our amendment. This lit- the gun owner, but to other people. tom line, how are we going to vote? tle trigger lock can save a life. It can When I held a press conference in Representing the people of Illinois, I save the life of that baby who you love Chicago, IL, and invited a friend of will vote in favor of this Boxer amend- so dearly—the grandchild who means mine who had been, unfortunately, a ment. I think she is right that we need so much to you. statistic in this debate, he told a story a new day in this country, which says I am going to make a little confes- that chilled me about his 10-year-old that we are not going to take guns sion here. I have a conflict of interest son. He said, ‘‘My wife and I never had away but we are going to take guns se- in this case, as does the Senator from a gun in our house because we were riously, and guns not taken seriously California. She is the proud grand- afraid that with children around some- become, unfortunately, the objects of mother of 3-year-old Zack. I am the thing might happen. We thought we crime and the objects of accidents, proud grandfather of 2-year-old Alex. I were a safe family. Our son went next which break hearts and destroy fami- am reminded every time we get in this door to play with another child. . .’’ lies forever. debate of how much of a heartbreak it and I guess you can come to a conclu- This is not too much to ask. What must have been for the parents and sion as to what happened. His child was the Senator from California has pro- grandparents of those children who killed when the neighbor boy picked up posed should be supported. I have been came home to find they had lost this a gun, playing with it, shot his son and waiting for those who oppose the baby they loved so much because of a killed him. amendment to engage me in debate. I tragic accident. Could it have been Suzanne Wilson, who testified 2 hope they will. I am still waiting. Even avoided? Yes. For the lack of a trigger weeks ago, a mother from Jonesboro, without my trigger lock, I am waiting. lock like this one, lives were lost. AR, who would have faded into the I would be happy to engage any of Let me tell you something else that background of all of the American peo- them in a debate on this issue. I see troubles me about this debate. The Na- ple who do their duty and raise their they are not ready to do so. tional Rifle Association, to no one’s families, now has become a national I yield the remainder of my time. surprise, opposes this. The gun lobby spokesperson. She will not let the Mr. CRAIG addressed the Chair. opposes this. Yet, I have spoken to gun death of her daughter in Jonesboro, The PRESIDING OFFICER. The Sen- owners about this issue, and I get an AR, be forgotten. She is supporting ator from Idaho. interesting response from them. How this legislation by Senator BOXER, as Mr. CRAIG. Mr. President, we have concerned are they about children who well as many other efforts to reduce before us this afternoon an amendment are being injured with guns? They are the likelihood that guns will be fired offered by the Senator from California very concerned. They are also troubled accidentally or will harm some young that is one of those feel-good amend- that these gun lobby spokesmen stand person. ments. Obviously, the Senator from Il- up in Washington and say, ‘‘This is I will tell you what. I cannot believe linois has taken the feel-good debate to none of your business, you should not the opponents of this legislation could its ultimate. All of us are dramatically be passing laws to do this,’’ because the stand and look this woman in the eye— concerned and frustrated when anyone gun owners I speak to say, to a person, a woman who sent her daughter to dies in this country accidentally. There ‘‘We never want a single firearm that grade school, who loved her with all is no question that there is always a we own to ever harm anybody in our her heart, kissed her good-bye in the quick rush to mind saying that there household or any innocent victim, re- morning, and never saw her alive ought to be a law against that—espe- gardless of their age.’’ These are re- again. I don’t know if we will avoid the cially if it appears to be an accidental sponsible gun owners who understand tragedy in Springfield, OR, or Pearl, death that occurred because somebody their responsibility under the law when MS, or Jonesboro, AR, or somebody was negligent. Even more reason to they exercise their right to use guns else’s hometown, tomorrow if we pass want to do something to disallow that safely and legally. this law, but I know it is the right step kind of an accident from happening. What the Senator from California is forward. Now, I do not apologize for the fact trying to do—— I know this Senate is capable of com- that I am an active member of the Na- Mr. GREGG. Will the Senator yield? ing to the conclusion that we can pass tional Rifle Association, and I believe Mr. DURBIN. Yes. laws that will save lives. I know that in trigger locks. I agree with the Sen- Mr. GREGG. Mr. President, I bring to we are willing to say to certain special ator from Illinois and the Senator from the Senator’s attention that it is inap- interest groups, ‘‘No, you have gone California that trigger locks ought to propriate under the Rules Committee’s too far.’’ We have to use a trigger be employed in the storage of a gun for rules to bring an item for demonstra- lock—which I can’t show you—to pro- safekeeping reasons, but I do not be- tion to the floor. So I say that if this tect our kids. I think that is something lieve trigger locks ought to be used on debate is going to continue, we will not that is just basic. How many people in loaded guns. proceed with the demonstration. America now buy these clubs that they The gun that killed the child that Mr. DURBIN. The Senator objects to put on their steering wheels to protect the Senator from California so dra- my showing a trigger lock on the floor? their cars? This is a club to be put on matically spoke of was a loaded gun, Mr. GREGG. That is correct. The a gun that is easily accessible. I can’t and therein lies the difference. No FBI Senate rules object to your showing show it to you, but you can turn the agent, no Federal agent of law enforce- that on the floor. key and pull it off. Under the rules of ment in our country or State or local Mr. DURBIN. I am relatively new the Senate, I can’t show you that any- law enforcement agent with proper here, and I am happy to be advised. I more. firearm training ever puts a trigger will try not to violate the rules. I think you understand what I am lock on a loaded gun. Why? Because I ask unanimous consent to display a saying. This is not a major investment, the manufacturer says don’t do it. And trigger lock during the course of this nor a complicated issue for people who why does the manufacturer say don’t debate. dearly love these children and under- do it? Because trigger locks are not a The PRESIDING OFFICER. Is there stand what is at stake. Believe me, this guarantee of safety—a jostling of the objection? debate is about you, not about States trigger lock, a dropping of the gun, a Mr. GREGG. I object. rights, not about the Bill of Rights. jamming of the trigger lock object that Mr. DURBIN. All right. I think you This debate is about our children and surrounds the encasing for the trigger saw what I showed you, in violation of their lives. That is what is at stake could cause it to fire. the rules, a few minutes ago. I think here. This U.S. Senate can come to- That is the reality. I know. I am a you understand that this tiny object, gether in a bipartisan fashion and do pistol shooter. I know about which I which could fit in my hand, which I the right thing for families across speak. But I am for trigger locks. I am can’t pick up under the rules of the America. We will all join in lamenting for gun safes. I am for drawers with July 21, 1998 CONGRESSIONAL RECORD — SENATE S8621 locks on them because I want firearms they are oftentimes the most dramatic always unload their firearm and store safely stored in this country so that or they are oftentimes the most drama- it a long way away from its ammuni- the citizens who use firearms legally tized on the front page of a local, State tion. under the second amendment can be or national newspaper. And I know That is not what happens. People of- guaranteed that that right will never why. Because the Senators from Illi- tentimes become not careless, but they be abridged. nois and California speak with the just assume. We have seen teenagers What the Senator from Illinois talks same emotion I do, especially when it breaking into homes. That is stealing. about this afternoon is, in fact, tragic, is a small child who is involved in that That is theft. And yet we pass laws on and, of course, the Judiciary Commit- kind of a situation. But let me tell you that. We have laws against teenagers tee spoke to this issue and said that ev- what is going to kill small children breaking into homes and stealing eryone ought to be made aware of this summer on a 5-to-1, 6-to-1, 10-to-1 things, including guns, and yet they them. Certainly everyone who pur- basis. It is not going to be a gun. It is still do it. That is why it is important chases a gun ought to have a full un- not going to be a gun. It is going to be that we talk about this issue this after- derstanding and knowledge of the use the very thing that the Senator from noon. Oh, it is politically very popular. of trigger locks for safekeeping. Should Illinois has in his drinking glass right It is the right thing to do in an elec- it be a Federal mandate? I don’t think now. It is going to be water. More chil- tion year, but it may be the wrong so. dren are going to drown this summer in thing to do when it comes to safety and Most importantly, it should not offer neighborhood pools and backyard security if it isn’t appropriately han- a sense of false security. That is what swimming pools—by the hundreds— dled. I recommend trigger locks. If I is important. And yet I will tell you than will die by a gunshot. And yet the owned a pistol—and I don’t—I would that the Senator from California Senator from Illinois is not proposing have a trigger lock on it. And it would speaks of panaceas: But for the trigger to outlaw or put locks on swimming be empty with a trigger lock on it. But lock no child will die. The Senator pools. that is the reality of the kind of issues from Illinois: But for a trigger lock the Now, all of those deaths are just as that we debate here. world will be safer. No, it won’t be if accidental. But, you know, one size fits A general firearm safety rule that the gun is loaded. Now, if the person all and if we have a Federal law, it is must be applied to all conditions is who owns the firearm is responsible, if going to take care of everybody, and that a firearm should be stored so that the person who owns the firearm does everybody will be safe and the world it is not accessible to untrained or un- not plan to use it for personal protec- will be better, and politics will be more authorized people. tion and needs it immediately for their clear. That is the right rule. That is the one access or personal protection, that gun It does not work that way. It should that really fits. That is the one that ought to be unloaded. The ammunition not work that way. We are supposed to really works well. And then you don’t ought to be stored separately from the be a land without Federal mandates, have the accidents to talk about. firearm. That is the rule of the game. and yet this year more children are Antigun groups overstate the number That is what you are supposed to do as going to die by drowning. Remember, of firearm-related deaths among chil- a law-abiding citizen. That is how you accidental fatalities this year: 4.8 per- dren by defining ‘‘children’’ to include properly handle a firearm. cent by drowning, 1.5 percent by a fire- anyone through the age of 19. The sta- Well, let’s talk about tragedies in arm. But if you really want to get big tistics that have been talked about this country. There is no question that numbers, more children are going to here on the floor include teenagers act- when a small child finds a firearm die this year by falling, probably out of ing violently. The reason is, 84 percent which a parent has left loaded, and the high chair under the supervision of of firearm-related deaths—that in- that small child plays with it and ei- a careful mother who accidentally cludes homicide, suicides, and acci- ther kills him or herself or kills a turns away or inadvertently turns dents among persons zero to 19 years of brother or sister, oh, my goodness, away or momentarily turns away from age—are accounted for by adolescents what a phenomenal tragedy. I mourn; her infant child, or maybe the father, and young adults from 15 to 19; 84 per- we all mourn. Parents who have acted and that number is going to be about cent, 15 to 19 years of age. so irresponsibly as to cause their child 13.5 percent, but that does include No; the examples cited by the Sen- to die under those circumstances are older people, too. In other words, the ator from California, while very dra- the responsible parties. The gun should reality with which we speak this after- matic and very emotional, are clearly have been unloaded. The gun should noon is not all black and white, not at the exception, the horrible exception, have been properly stored. If it were all. Death by falling, 13.5 percent; vehi- and not the rule. So, when we talk sta- unloaded, it should have a trigger lock cles, cars, 47 percent; poisoning, 11 per- tistics this afternoon, and we talk on it. But it does not happen that way cent. about children, we are talking about all the time. Cars are never intended to When somebody dies by poisoning or zero to 19, by those statistics. At least kill people, but they kill people every by accidental poisoning, it isn’t as dra- that is what I am told. day. Teenagers should drive safely, but matic because the national media isn’t The anti-firearm Children’s Defense they don’t. They are very irresponsible as intent on getting rid of our second Fund and other gun control advocates at that age. Dramatic accidents happen amendment rights, so they don’t pub- have applied, if you will, the trick to such as just happened on the East-West licize that as much. And they really all of the national statistics and data Highway locally and teenagers are don’t have anything against backyard relating to that 1 child for every 90-odd killed by a very safe car. They acted ir- swimming pools so that only usually is minutes, 10 children out of 5,000—all of responsibly. They should not have done covered by the local or the State media those figures. The reality is zero to 19, what they did. simply because of the tragedy of the if anyone listening is interested in While the number of privately owned loss. those kinds of statistics. firearms in this country has quad- Well, those are the realities with So a few moments ago I was giving rupled since 1930, the annual number of which we speak on this issue. Proper you figures about these dramatic accidental fatalities—and that is what storage of firearms is the responsibility deaths that occur when a firearm is the Senator from Illinois is talking of every gun owner, and also education, misused. The annual number of firearm about, accidents—not intentional safety, training and careful consider- accidents among children in 1995 fell to shootings, accidents—the number of ation. an all-time low in 1995—181 children. accidents involving fatalities with fire- All factors that relate to an individ- That is below the age of 15. We are arms has declined 56 percent nation- ual’s particular needs are key to this pleased about that number, although wide, against a phenomenal increase in responsibility. That is really the issue terribly saddened, because I think the number of firearms owned by citi- here. And I know the Senator from Illi- some of the educational programs that zens, law-abiding citizens. We don’t nois and I would wish that everybody some independent groups are using out count the criminals. was appropriately educated on gun there right now are helping educate Firearms are involved in 1.5 percent ownership, had been through the right young people to stay away from fire- of accidental fatalities nationwide, and schooling or the right training, would arms if they don’t understand them S8622 CONGRESSIONAL RECORD — SENATE July 21, 1998 and if they have not been properly loaded guns. But that is the reality. So George’s boy of 4 who shot himself trained to use them. if we mandate it by Federal law, we while playing with a handgun that was Other types of accidental fatalities risk even greater numbers of accidents. left laying around by his grandfather. among children—children of the same You even risk a great number of people Had that handgun been secured by a category—where there were 181 killed violating laws because of the inability child-safety-lock device, this needless by firearms, there were 3,095 killed in to accommodate or live up to this. tragedy just yesterday would not have auto accidents. The Senator who is pre- That is the issue we deal with. That is occurred. siding at this moment has worked to the issue we will debate for a substan- Safety locks will also reduce violent dramatically lessen the impact of air- tial period of time today. crime. Juveniles commit more than bags when they are deployed because It is very important that we under- 7,000 crimes each year with guns taken mishandled, and the child in an im- stand it, because, try as we may as a from their own homes. That doesn’t in- proper seat can be killed by an airbag Congress with good intent, as a Senate clude incidents like the school shoot- in a car. I am not sure this Congress and Senators who care a great deal, we ing in Jonesboro, AR, where the guns has responded to that in a timely and cannot legislate out of this life of ours were taken from the home of one stu- appropriate fashion, although Senator accidental death or we wouldn’t have dent’s grandfather, again, because KEMPTHORNE has worked over time to any of the 44,000 children who will die most of ‘‘dad’s guns were locked up.’’ make that happen. It just so happens, this year die, be it by gun or by car or If parents and relatives would use it is a 30-to-1 relationship of children by drowning or by falling or by chok- safety locks on these guns, then at who will be killed in auto accidents ing. least some of these incidents will be every year compared to those young Let me close by saying I forgot to prevented. To be sure not all, but some. people who might be killed by the mis- talk about the bicycle and the tricycle The fact is that a child with a handgun handling of a gun. and the accidents that occur when chil- is an accident or a crime just waiting I mentioned the local swimming dren use those in an unsupervised way. to happen. Of course, we should com- pool. It is a hot day out there. We are We read about that on a regular basis, mend the gun manufacturers who al- fortunate being in an air-conditioned tragically enough. But I don’t think ready have voluntarily agreed to com- building. Tragically enough, there will the Senate is going to try to outlaw ply with this proposal. But we still probably be more children drowned the tricycle or bicycle today—only the need this legislation because too many today across this country accidentally gun—or at least legislate it being man- manufacturers still resist common than will be killed by a firearm. The dated as to its management, its han- sense. statistics bear it out—1,024 in 1995 dling. That is the issue. The voluntary agreement covers killed by drowning. I yield the floor. about 77 percent of all new handguns Fires, suffocation, falling—I have The PRESIDING OFFICER. The Sen- manufactured in the U.S. each year, talked percentagewise. Let’s talk sta- ator from Wisconsin. which is an impressive number. But it tistics. Fires: 833 children burned to Mr. KOHL. Mr. President, I come to still leaves at least 350,000 handguns for death in 1995; suffocation, ingestion of the floor to support this amendment sale each year without safety locks. an object—we have all—not all of us, which would require the sale of a child This proposal brings hundreds of thou- many of us—have raised small chil- safety lock with every handgun. This sands more handguns up to the indus- dren. We know how frightened we are amendment is based on the Child Safe- try standard. about a child’s choking on an object, ty Lock Act which we produced last Mr. President, this amendment de- getting something in that mouth, pick- year with bipartisan support from Sen- serves our support. I thank you, and I ing up something and swallowing it. ators CHAFEE, DURBIN, and BOXER. yield my time back. Mr. President, 213 will die, on an aver- It is a commonsense measure, obvi- Mr. DURBIN addressed the Chair. age basis, annually because of that. We ously, and it is not an extreme meas- The PRESIDING OFFICER. The Sen- haven’t outlawed small objects, I guess ure. It is a measure that will reduce ator from Illinois. because we cannot, although some here gun-related accidents, suicides, and Mr. DURBIN. Thank you, Mr. Presi- might want to try. But that is the re- homicides by young people. It will dent. I thank the Senator from Wiscon- ality of what we deal with. make children safer and it will make sin who, in the Judiciary Committee, And the statistics go on and on. mothers and fathers feel more secure in has shown exceptional leadership on There were 44,583 deaths amongst chil- dropping off their children at their this issue, along with the Senator from dren in 1995; .04 percent firearms. All neighbors’ homes after school. California. the rest were the kinds of things that In brief, all it will do is bring all the I defer to my friend from Idaho who we can do very little about. We should industry up to the level of most manu- spoke earlier about the member of the try where we can. We can change the facturers who have already agreed to National Rifle Association executive deployment impact of airbags. We include safety locks with their guns. board. I am certain his knowledge of probably cannot outlaw backyard Our amendment is simple, effective, firearms and handguns surpasses mine. swimming pools. We probably cannot and it is straightforward. It requires But I will say that his statement, ‘‘No mandate better caretakership at the that whenever a handgun is sold, a one should use a trigger lock on a load- community swimming pool. And some- child safety device—or a trigger lock— ed gun’’ apparently depends on the how, we just can’t teach moms and also be sold. type of lock involved. dads about child safety seats and not These devices vary in form, but the I have in my hand from the Safety putting young children in the front most common resemble a padlock that Lock Company an advertisement that seats of their cars. And that still goes wraps around the gun trigger and im- says: on. mobilizes it. Lock for life. Hopefully, the garden hose is So, those are some of the facts and While we want people to use safety your kid’s most powerful weapon. You no longer have to choose between your home se- statistics that we will talk about locks, we do not require it. In that curity and your children’s safety. Safety today, probably more than once, as we sense, we treat safety locks like States Lock is the only child safety lock for guns deal with this issue. used to treat seatbelts: You have to that can be locked safely while the gun is I do not in any way try to misrepre- buy them, but you don’t have to use loaded, permanently installed on a handgun, sent the intent of the Senators who them. unlocked in a few seconds, even in total have offered the amendment. But I will This amendment is sorely needed. darkness. speak to reality based on knowledge. Mr. President, 2,000 young people are It appears it depends on the type of Manufacturers and anyone else knowl- killed each year in firearms accidents trigger lock or safety lock we are dis- edgeable in the use of a firearm will and suicides. This is not only wrong, it cussing as to whether or not the gun say not a trigger lock on a loaded is unacceptable. should be loaded. gun—no, no, not at all—because you While our proposal is not a panacea, I would like to address what I think risk even a greater chance of acciden- it will prevent many of these tragedies. is the more central argument made tal death. Trigger locks are rec- Just today, in the Washington Post against this amendment by the Sen- ommended and should be used on un- there is a story about a Prince ator from Idaho. I am not surprised by July 21, 1998 CONGRESSIONAL RECORD — SENATE S8623 the argument, because we hear it all ality of life. It is something that is not ciary Committee. It was defeated by a the time. In legislative circles, it is too much to ask. very narrow margin. known as the argument that the best is The seatbelt analogy, I think, is a We are going to get a vote up or down always the enemy of the good. Some- good one. The Senator from Idaho on this amendment. I am very pleased one will come in and say, ‘‘Yes, you made reference to it earlier. What we about that. may save, oh, 5,000 kids’ lives a year, are talking about here is not putting Every single one of us on both sides but there are 44,000 other lives out every gun owner in jail who doesn’t of this issue absolutely love children. there that you ought to try to save, have a trigger lock. We are talking It is just very hard for me to under- too.’’ I am not going to argue with the about creating an environment of stand that we cannot come together on Senator from Idaho. I think we should thinking in America. this commonsense approach. take every reasonable step we can to Let me confess here that when I grew This amendment does no violence to protect all children in all cir- up, the first car I owned didn’t have the right to own a gun, to the right to cumstances. seatbelts in it. I guess you know how buy a gun, to the right to use a gun In this particular case, though, the old I am. Then for a number of years, lawfully. It merely says that we are Senator from California and the Sen- I bought cars with seatbelts and going to make sure that parents, when ator from Wisconsin come forward with promptly sat on them every time I got they buy a gun, have with it a safety a practical answer to a problem which in the car. Then somebody in my State lock that is easy to put. And I have to haunts families across America with said, ‘‘Let’s pass a law and say you tell my friends and colleagues here, I the proliferation of guns in our Nation. have to buckle your seatbelt.’’ I never know if you could meet with just one They have suggested trigger locks be got arrested for that, and I started of the parents of these children who sold with handguns. It is not an out- using seatbelts. I don’t feel all that were killed accidentally, you support rageous and radical idea. Law enforce- comfortable without it. this amendment. ment in America, including the Fed- What we are trying to do is say to Of the 5,285 children killed every year eral Bureau of Investigation, already gun owners across America, ‘‘Please by gunfire, more than 440 are com- uses these trigger locks, and they join us. This is not taking your guns pletely accidental deaths. And let us work. away. It is trying to create an environ- think about 400 kids dying accidentally For the Senator from Idaho to say, ment of safety around children.’’ What every year and what that means—kids well, kids drown in swimming pools, the Senator from California and the who would have grown up and had fam- that is a sad reality, too, but we are Senator from Wisconsin are suggesting ilies of their own and given joy to their not about to close down swimming is taking guns seriously. I will offer an parents and grown to be grandparents. pools. We talk about children being amendment later along the same lines, This is a small thing to do. I am always trained, but we also talk about life- but much like seatbelts, we want peo- amazed, I say to my friends, that we guards and parents’ responsibility. ple to think twice about those guns. cannot come together and reach across I say to my colleagues, this is about The Senator from Idaho criticized the party lines on these issues. a parent’s responsibility, too. No par- the bill and said, ‘‘Oh, there are so I want to put into the RECORD a let- ent is going to take a 2-year-old tod- many teenagers who are misusing ter that I received today from the dler who has never been in the water guns.’’ He is right. There are so many International Brotherhood of Police Of- and toss him in the swimming pool and things we need to do about it, and he ficers, or IBPO. And this is what they walk away. They would never consider and I will join in increasing criminal write. This is important because these it. penalties and so many other things are the law enforcement officers: Would that parent leave a loaded gun that can be done. On behalf of the entire membership of the where a 2 or 3-year-old can grab it? In most instances, we are talking IBPO, I want to thank you for the amend- Sadly, that is happening time and time about immature children, children who ment that will require that all licensed man- again. What we are saying is put a de- pick up a gun and don’t have a clue as ufacturers, importers or dealers must in- vice on that gun that lessens the likeli- to the danger of this weapon, turn it on clude a separate child safety lock or locking hood that a child is going to be injured. a playmate, turn it on a sister or device with each handgun purchased. The The National Rifle Association’s op- IBPO strongly endorses your legislation and brother and tragedy follows. looks forward to working with you on this position to this seems to be that it I think the American people don’t be- important matter. means there is too much Government— lieve this is an unreasonable intrusion The IBPO represents street cops. too much Government—to ask that we in their lives. They think it is common So these are cops who are on the beat put a safety trigger lock, a child-safety sense. and on the street. device with each handgun. In States I salute both Senators from Califor- Police officers, the letter goes on are across the United States now, we are nia and Wisconsin for their leadership out in the community every day. adopting laws to mandate children’s on this. I am happy to stand as a co- By far, the most difficult part of their job car seats to protect kids riding in a sponsor of this amendment, and I hope is to arrive at home where a gun is left out, car. We don’t consider that too much Members of the Senate, gun owners and unsecured and tragedy has occurred. This Government. We consider that common those who are not gun owners—Demo- legislation simply put will save lives. Each sense. It is common sense when we are crats and Republicans—will step back day in America, 16 children, age 19 and under talking about seatbelts, children’s car for a minute and say this just makes are killed with firearms. Many of these seats, children’s seats in airplanes. It is sense. Let us at least save some of deaths could have been avoided with a simple common sense—protect the children. these children’s lives. Let us put safety trigger lock attached to the gun. They are too young and immature to into the equation. Let us understand My colleagues have shown those trig- protect themselves. A trigger lock does that an industry that has basically ger locks here. They are very inexpen- that, too. It is not a matter of too fought off every effort to put safety sive. They are very easy to use. And, much Government. standards on the guns they manufac- yes, there is one company that makes The other argument from the Na- ture should at least not stand in the them so you could place it on a loaded tional Rifle Association and others is way of trigger locks to save lives. handgun. So the argument you would this is too much to ask. You are asking I yield back the remainder of my have to leave your gun unloaded is sim- a gun owner to spend another $3, $5 or time. ply not correct. However, it should be even $10 to make their gun safe at Mrs. BOXER addressed the Chair. noted that all law enforcement agen- home? The PRESIDING OFFICER. The Sen- cies recommend storing firearms I don’t think that is too much to ask. ator from California. locked, unloaded, and out of the reach I really don’t. I think this is a reason- Mrs. BOXER. Mr. President, I thank of children. able suggestion. I think what you will Senators KOHL and DURBIN for their el- The letter from Kenneth Lyons, the find is as it becomes commonplace oquent remarks and, again, say to my National President of the IBPO, goes across America, the cost will go down colleagues, it is Senator KOHL’s bill on to say: The Centers for Disease Con- and quality will go up on these trigger that we essentially have here with very trol estimates that nearly 1.2 million locks. That is something that is a re- few changes. It almost passed the Judi- unsupervised children have access to S8624 CONGRESSIONAL RECORD — SENATE July 21, 1998 loaded and unlocked firearms in the of all handgun owners keep their handguns gaining access to a gun in the home. Public home. loaded, and 34% keep a handgun that is load- opinion surveys reveal that almost half of all Let me repeat what he writes to us: ed and unlocked. households own firearms and that, regret- ‘‘1.2 million unsupervised children have As Senator KOHL has said—this is tably, a substantial number of gun owners recipe for disaster. Unfortunately, we improperly store their weapons, leaving access to loaded and unlocked firearms them loaded, unlocked or both. A May 1997 in the home.’’ know this isn’t a disaster just waiting study sponsored by the National Institute of It is because of these numbers that this to happen at some time in the future. Justice showed that 55% of all handgun own- legislation is needed. If you look at this collage of headlines, ers keep their handguns loaded, and 34% I ask unanimous consent that this this is a disaster that is happening in keep a handgun that is loaded and unlocked. every city in every town in every sub- The Centers for Disease Control and Pre- letter be printed in the RECORD. urb. There isn’t a day that goes by that vention (CDC) estimate that nearly 1.2 mil- There being no objection, the letter lion latch key children have access to loaded was ordered to be printed in the I do not get something in a clip from and unlocked firearms. It is no surprise, California. And these are from around RECORD, as follows: therefore, that children and teenagers cause the country. So this is a disaster that over 10,000 unintentional shootings each year INTERNATIONAL BROTHERHOOD OF is happening now. Sarah Brady quite in which at least 800 people die. POLICE OFFICERS, According to a February 1997 CDC study, Alexandria, VA, July 21, 1998. understands this. She goes on to write: the rate of firearm deaths among children 0 Hon. BARBARA BOXER, ... the rate of firearm deaths among chil- to 14 years of age is nearly twelve times U.S. Senate, Washington, DC. dren 0 to 14 years of age is nearly twelve higher in the U.S. than in 25 other industri- DEAR SENATOR BOXER: The International times higher in the U.S. than in 25 other in- alized countries combined. Mandating the Brotherhood of Police Officers (IBPO) is an dustrialized countries combined. sale of trigger locks or other safety devices affiliate of the Service Employees Inter- So let us look at the other chart one with each handgun purchase is an important national Union, the third largest union in more time, because you can see these first step toward preventing these senseless the AFL–CIO. The IBPO is the largest police numbers: Zero children killed in Japan; tragedies. union in the AFL–CIO representing over 19 in Great Britain; 57 in Germany; 109 Yes, great progress has been made. As you 50,000 police officers nationwide. know, in October, President Clinton reached On behalf of the entire membership of the in France; 153 in Canada; and 5,285 chil- dren killed by handguns in a year in agreement with most, but not all, handgun IBPO, I want to thank you for amendment manufacturers that they would voluntarily that will require that all licensed manufac- the United States. include a child safety lock with the weapon turer, importer or dealer must include a sep- We can sit back and say, ‘‘So what.’’ that they manufacture and sell. Your legisla- arate child safety or locking device with We could sit back and say, ‘‘Oh, we just tion will ensure that all handguns sold in the each handgun purchase. The IBPO strongly have to give another piece of paper United States include this important safety endorses your legislation and looks forward that talks about it.’’ Or we can vote for device. to working with you on this important mat- this important amendment and make Again, thank you for your efforts to ensure ter. sure that when the parents buy the that our children are safe from unintentional The IBPO represents street cops. Police of- gun violence. ficers who are out in the community every gun, it includes a child safety lock. Now, I think it is important to laud Sincerely, day. By far, the most difficult part of their SARAH BRADY, job is to arrive at home where a gun is left some of the gun companies that have Chair. out, unsecured and tragedy has occurred. decided to volunteer to put these locks Mrs. BOXER. Mr. President, what we This legislation simply put will save lives. on guns and sell them with those locks have here is a very straightforward Each day in America, 16 children, age 19 and without a law. I think it is wonderful amendment. It simply says, when a under are killed with firearms. Many of that they have done it. They came to these deaths could have been avoided with a handgun is sold, include a lock. If a simple trigger lock attached to the gun. the White House and they reached an customer prefers a lockbox, that is ac- I must note for those opponents of child agreement with the President, and we ceptable to us, that is fine. And it is safety locks that the Center for Disease Con- are going to see more handguns sold endorsed by the police, one of the larg- trol estimate that nearly 1.2 million unsu- with these locks. est organizations of cops on the beat, pervised children have access to loaded and However, the problem we have is that Handgun Control, and Sarah Brady. unlocked firearms in the home. It is because about 25 percent of handguns will not This is something that we can do. of these numbers that this legislation is have these locks because the compa- We don’t want to wake up in the needed. nies, including several in my state, morning and see these headlines any- Sincerely, have not agreed to this voluntary KENNETH T. LYONS, more, we don’t: ‘‘6-year-old Boy Shot National President. agreement. This means that about at Friend’s House.’’ That is in Allen- 350,000 guns every year will not be cov- Mrs. BOXER. Another letter comes town, Pennsylvania. In New Orleans: ered—350,000 guns—will not be covered ‘‘Boy, 6, Shot by his Brother.’’ ‘‘Boy to us from a heroine of mine, Sarah by the voluntary agreement. So we are Brady, whose husband Jim, as you re- Accidentally Shot by Cousin.’’ ‘‘17- saying, good for the companies that month-old Shot Accidentally by Boy.’’ member, was gunned down when he was volunteered to do this. Now let us the press secretary to President ‘‘9-year-old Oasis Boy Accidentally make sure that everybody does it. Shot.’’ That is in California. ‘‘Boy Par- Reagan. She is the head of Handgun I ask unanimous consent that Sarah Control and writes us a letter today. alyzed in a Gun Accident.’’ Brady’s letter be printed in the There is something I want to point Dear Senator BOXER: I am writing to com- RECORD. out. When we look at the statistics, we mend you for all your efforts to ensure that There being no objection, the letter don’t show the wounded, we show only every handgun sold in the United States be was ordered to be printed in the sold with a child safety lock or other safety the fatalities. For every death, up to device designed to prevent unauthorized use. RECORD, as follows: eight victims are wounded and often Jim and I urge all Senators to support this HANDGUN CONTROL, INC., live their lives nursing chronic inju- amendment to the Commerce, State, Justice Washington, DC, July 21, 1998. ries. So what we do here just doesn’t Appropriations. Hon. BARBARA BOXER, deal with preventing deaths, but also And she reiterates the facts that we U.S. Senate, Washington, DC. with preventing debilitating injuries. DEAR SENATOR BOXER: I am writing to have gone over today. commend you for all your efforts to ensure I think I have stated the case as best Every day in America, 14 children, age 19 that every handgun sold in the United States as I can. I don’t know if my colleague and under, are killed with firearms. Many of be sold with a child safety lock or other safe- from New Hampshire is going to take those deaths—accidents, suicides, and homi- ty device designed to prevent unauthorized to the floor, but I do know that Sen- cides—are preventable. One of the best ways use. Jim and I urge all Senators to support ator BIDEN will be here at 4 o’clock, I of preventing these tragedies is to keep chil- the Boxer Amendment to. S.2260, the Fiscal say to the chairman. He would like to dren from gaining access to a gun in the Year 1999 Commerce, State, Justice Appro- have an opportunity to speak. If Chair- home. Public opinion surveys reveal that al- priations. man GREGG would like to enter into most half of all households own firearms. Re- Every day in America, 14 children, age 19 grettably, a substantial number of gun own- and under, are killed with firearms. Many of unanimous consent that we can set ers improperly store their weapons, leaving those deaths—accidents, suicides, and homi- this aside until Senator BIDEN comes, I them loaded, unlocked or both. A National cides—are preventable. One of the best ways am happy to do that. That would be, I Institute of Justice survey showed that 55% of preventing them is to keep children from think, a good way. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8625 Mr. GREGG. That is up to other Mr. SMITH of New Hampshire. Could The PRESIDING OFFICER. Without Members who wish to take the floor. I I suggest a unanimous consent request. objection, it is so ordered. have no objection. Let me make one and see if it is ac- The amendment is as follows: Mrs. BOXER. There are no other col- ceptable. At the appropriate place, insert the follow- leagues here. I make a unanimous consent request ing: I ask unanimous consent that Sen- that I be allowed to offer my amend- ‘‘SEC. . None of the funds appropriated pursuant to this Act or any other provision ator SMITH be recognized for 20 min- ment to speak not more than 20 min- of law may be used for (1) any system to im- utes, and at that time Senator BIDEN utes, after which time we would go plement 18 U.S.C. 922(t) that does not require immediately follow. back to the amendment of the Senator and result in the immediate destruction of Mr. GREGG. Reserving the right to from California. all information, in any form whatsoever, object, I just noticed the Senator from Mrs. BOXER. I have no objection, but submitted by or on behalf of any person who Idaho. Did the Senator desire further I would ask my friend if he could give has been determined not to be prohibited time? There is a unanimous consent re- just one minute to Senator KOHL, then from owning a firearm; (2) the implementa- quest by the Senator from California. set aside the BOXER amendment, go to tion of any tax or fee in connection with the implementation of 18 U.S.C. 922(t); provided, the SMITH amendment, and then return The essence of the request was that that any person aggrieved by a violation of this amendment be set aside, that Sen- for Senator BIDEN’s discussion of the this provision may bring an action in the ator SMITH from New Hampshire go for- BOXER amendment. federal district court for the district in ward for 20 minutes, then Senator Mr. SMITH of New Hampshire. But which the person resides; provided, further, BIDEN would be next, and we would be not to preclude additional time after that any person who is successful with re- back on your amendment, with Sen- your amendment is completed. spect to any such action shall receive dam- ages, punitive damages, and such other rem- ator BIDEN speaking at the conclusion. Mrs. BOXER. Absolutely not. edies as the court may determine to be ap- Mrs. BOXER. And if Senator CRAIG The PRESIDING OFFICER. Does the Senator from California withdraw the propriate, including a reasonable attorney’s wants to come in at that point, that is fee. The provisions of this section shall be- fine, and Senator KOHL has some time. unanimous consent? Mrs. BOXER. I will go along with come effective one day after enactment.’’ Mr. CRAIG. I have no objection. Mr. SMITH of New Hampshire. Mr. Mrs. BOXER. If I could amend the re- Senator SMITH’s unanimous consent re- quest, as I modified, so Senator KOHL President, I ask for the yeas and nays quest, Senator KOHL wanted 2 minutes, on my amendment. and then Senator SMITH for 20 minutes, can speak for 1 minute. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a and then Senator BIDEN, and then go sufficient second? There is a sufficient back on the bill. ator withdraws. Mrs. BOXER. I withdraw. second. Mr. SMITH of New Hampshire. Re- The PRESIDING OFFICER. Is there The yeas and nays were ordered. serving the right to object, just to clar- objection to the unanimous consent re- AMENDMENT NO. 3234 TO AMENDMENT NO. 3233 ify. I have remarks that would not be quest of the Senator from New Hamp- Mr. SMITH of New Hampshire. Mr. more than 15 or 20 minutes. The only shire? President, I send a second-degree to my thing is, I don’t know if there are oth- Without objection, it is so ordered. own amendment and ask for its imme- ers who may wish to speak for or The Senator from Wisconsin is recog- diate consideration. against the amendment. I didn’t want nized for 1 minute. The PRESIDING OFFICER. The to preclude that opportunity. I cer- Mr. KOHL. Thank you, Mr. Presi- clerk will report. tainly have no objection to going back dent. The bill clerk read as follows: to your amendment. That is perfectly Just a couple of brief points. Even The Senator from New Hampshire [Mr. appropriate, and I appreciate your though Senator CRAIG and those of us SMITH] proposes an amendment numbered offer—if we could somehow get the on the other side differ on this amend- 3234 to amendment No. 3233. timeframe to make my remarks but ment, I have no doubt that Senator Mr. SMITH of New Hampshire. I ask not to preclude other people coming CRAIG is committed to ensuring gun unanimous consent reading of the back to speak for or against my safety. In fact, he was instrumental in amendment be dispensed with. amendment. passing our 1994 law, the Youth Hand- The PRESIDING OFFICER. Without Mrs. BOXER. Does the Senator have gun Safety Act that prohibits kids objection, it is so ordered. The amendment is as follows: a different amendment he is about to from having handguns. offer? Is that what this is about? Second, we have really come a long In the pending amendment, strike all Mr. SMITH of New Hampshire. I have way in the last few years. Today every- after the word ‘‘SEC.’’ and insert in a separate amendment. body, from the NRA to the gun manu- lieu thereof the following: Mrs. BOXER. I am trying to accom- facturers to police advocates, is advo- ‘‘SEC. .None of the funds appro- modate my friend because I thought he cating for handgun control because all priated pursuant to this Act or any had a statement to make, a 20-minute believe that trigger locks, child safety other provision of law may be used for statement to make. locks, are helpful in preventing gun-re- (1) any system to implement 18 U.S.C. Mr. SMITH of New Hampshire. No; I lated harm. 922(t) that does not require and result have an amendment. No matter what the outcome is on in the immediate destruction of all in- Mrs. BOXER. Is it an amendment this vote, I am sure we will continue to formation, in any form whatsoever, that would be accepted? work for a consensus. Someday, I be- submitted by or on behalf of any per- Mr. SMITH of New Hampshire. No. lieve we will reach one on the issue of son who has been determined not to be Mrs. BOXER. I was trying to accom- kids and guns. prohibited from owning a firearm; (2) modate my colleague, but I think it is The PRESIDING OFFICER. The Sen- the implementation of any tax or fee in better to go with the flow of this ator from New Hampshire is recog- connection with the implementation of amendment. I know Senator KOHL nized. 18 U.S.C. 922(t); provided, that any per- wants to speak, Senator DURBIN, Sen- AMENDMENT NO. 3233 son aggrieved by a violation of this ator CRAIG, so I suggest we stay on this Mr. SMITH of New Hampshire. Mr. provision may bring an action in the amendment. President, I send an amendment to the federal district court for the district in I am trying to accommodate my col- desk and ask for its immediate consid- which the person resides; provided, fur- league. eration. ther, that any person who is successful Mr. GREGG. The Senator has the The PRESIDING OFFICER. The with respect to any such action shall floor. When the Senator yields the clerk will report. receive damages, punitive damages, floor, it will be up to the Chair as to The bill clerk read as follows: and such other remedies as the court who gets recognized. At this time there The Senator from New Hampshire [Mr. may determine to be appropriate, in- doesn’t seem to be a unanimous con- SMITH] proposes an amendment numbered cluding a reasonable attorney’s fee. sent that is agreeable. 3233. The provisions of this section shall be- The PRESIDING OFFICER. Is there Mr. SMITH of New Hampshire. I ask come effective upon enactment.’’ objection? unanimous consent reading of the Mr. SMITH of New Hampshire. Mr. Mr. GREGG. I object. amendment be dispensed with. President, this amendment relates to S8626 CONGRESSIONAL RECORD — SENATE July 21, 1998 the Federal Bureau of Investigation’s size again that FBI files have been brought in the Federal district court new National Instant Criminal Back- abused, and to keep, for any period of for the district in which the person re- ground Check System, otherwise time—especially as long as 18 months— sides. So if your rights are violated, known as the NICS, which is scheduled files on people who have done nothing then you have a right to take this mat- to take effect on December 1 of this wrong, in the FBI, is wrong. ter to court, as any citizen would. If year. Stated simply, my legislation will successful, such a lawsuit would entitle The so-called Brady Act had two pro- put a stop to the FBI’s plan to keep the gun owner wronged by a violation visions. One of those provisions was an records of private identifying informa- of the provisions of my amendment to interim provision, and the other was a tion on law-abiding citizens who buy an award of damages and any other permanent provision. In the interim guns. My amendment will require the remedies deemed to be appropriate by provision is the waiting period for gun immediate destruction of all informa- the court, including attorney’s fees. purchases that is now in effect but tion submitted by or on behalf of any We must not allow a trampling of the which will expire on November 29 of person who has been determined not to second amendment. We must not allow this year. be prohibited from owning a firearm. fees to be charged to people who have Now, the permanent provision, which Mr. President, my amendment has done nothing except own a firearm and takes effect on December 1, mandates— another purpose as well. The Depart- be legal, law-abiding citizens. They I emphasize the word ‘‘mandate’’— ment of Justice has proposed to charge should not have to pay a fee. I hope mandates the establishment of a Na- fees—a gun tax, if you will—for the this amendment will have broad sup- tional Instant Criminal Background NICS, using the authority of a provi- port. The sound operation of the new Check System, known as the NICS, sion in the 1991 Commerce, Justice, National Instant Criminal Background which is to be operated by the Depart- State Appropriations Act. Check requires neither the retention of ment of Justice. As Appropriations Committee Chair- ID records on law-abiding gun pur- The purpose of this National Instant man STEVENS noted when he intro- chasers nor the imposition of a user-fee Criminal Background Check is to pre- duced the No Gun Tax Act of 1998 ear- gun tax. vent the purchase of guns by persons lier this year, the 1991 Appropriations So, in conclusion, let me just say, with criminal backgrounds who are Act was passed 2 years before the law No. 1, my amendment says if the back- prohibited otherwise from owning fire- establishing the National Instant ground check is conducted, no record is arms. Under this new system, persons Criminal Background Check System. kept if you have done nothing wrong, seeking to buy guns will be required to Moreover, as Chairman STEVENS you are a law-abiding person, and you submit certain identifying information properly observed, the 1991 act ‘‘was are entitled to that gun. No record is for clearance through this NICS. never intended to allow fees under the kept, period. Secondly, no fee is Now, this raises serious concerns. I NICS program.’’ ‘‘This limited 1991 au- charged. Thirdly, if records are kept in have concerns here that the FBI has thority,’’ Senator STEVENS noted, ‘‘al- violation of this act, then you have a stated that in cases where the NICS lowed fees only ‘to process fingerprint remedy in court. background check does not locate a identification records and name checks That is the amendment, Mr. Presi- disqualifying record, information for noncriminal justice * * * and li- dent. So I say to my colleagues, if you about that individual, according to the censing purposes.’ ’’ ‘‘It was not in- support the second amendment and the language, will only be retained tempo- tended,’’ concluded Senator STEVENS, rights of law-abiding people not to be rarily for audit purposes and will be de- ‘‘to apply to programs like the NICS harassed, you will support my amend- stroyed after 18 months. program, which checks the criminal ment. We have seen harassment by the My question to my colleagues is this: background of purchasers and has IRS, and this will invite harassment by Why hold on to this information for 18 nothing to do with licensing.’’ the FBI if we do not stop this process. months? These are innocent people who In introducing his No Gun Tax Act of How many files will be retained? What have no disqualifying record. They are 1998, which I was honored to cosponsor, information will be used on these peo- entitled, under the second amendment, Senator STEVENS also aptly observed ple in these files? When I think of the to own their firearms. I don’t think that, ‘‘The imposition of a fee would FBI and I think of a file held in the any records ought to be kept for 18 encourage some to try to obtain fire- FBI on somebody, I think of someone minutes, let alone 18 months. There is arms on the black market.’’ ‘‘No mat- perhaps doing something wrong or simply no reason that the FBI needs to ter how you feel about gun control,’’ being accused of doing something retain private information on law-abid- Senator STEVENS said, ‘‘we should all wrong. These people have done nothing ing American citizens—in this case, do what we can to make sure that the wrong, except own a gun. That is not gun owners—for any time at all, let new background check system works.’’ wrong; that is legal under the Con- alone for 18 months. My amendment would prevent the stitution of the United States. There are no legitimate audit pur- use of funds by the Department of Jus- Mr. President, I ask for the yeas and poses for retaining private information tice for the ‘‘implementation of any nays on my amendment. on law-abiding gun owners in the FBI. tax or fee’’ in connection with the im- The PRESIDING OFFICER (Mr. GOR- Now, we have seen abuses. We have plementation of this new National In- TON). Is there a sufficient second? seen files turning up from the FBI on stant Criminal Background Check Sys- There is not a sufficient second. individuals who happen to appear in tem. Mr. GREGG. Mr. President, is the the White House, and on and on and on. Under the second amendment, law- Senator asking for the yeas and nays This is an opportunity to abuse the pri- abiding American citizens have the on the second-degree amendment? vacy rights of millions of American right to own a firearm. And if the Con- Mr. SMITH of New Hampshire. Yes. gun owners. It is simply wrong if you gress, in its wisdom, decides that we Mr. GREGG. You are going to want didn’t do anything. If your record is are going to have this background yeas and nays on both? clear and there is no disqualifying in- check and a person is not disqualified, Mr. SMITH of New Hampshire. The formation, then there should be no he or she should not have to pay for it. second-degree amendment will be the record kept, period. It is their constitutional right to have first one voted on. I would be happy to I have heard a lot from law-abiding a weapon if they are honest, law-abid- vitiate them on the second vote, but I gun owners in the country who view ing citizens, and they should not have need to have a vote on the second-de- this FBI gun owners ID record reten- to pay a fee because somebody said gree amendment. tion scheme as an ominous step toward they needed to check to find out if they Again, I ask for the yeas and nays. national gun registration, which I be- were honest people or not. It is wrong. The PRESIDING OFFICER. Is there a lieve is probably the ultimate goal This is ‘‘big brother,’’ Mr. President, sufficient second? here. Justifiably, in my view, they see and it is wrong. There is a sufficient second. this plan as a threat to their second So my amendment would create a The yeas and nays were ordered. amendment right under the Constitu- civil cause of action, as well, on behalf The PRESIDING OFFICER. Under tion of the United States. I agree with of any person who is aggrieved by a the previous order, we will go back to them. I feel deeply about this. I empha- violation of this act, which can be the Boxer amendment. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8627 Mrs. BOXER. Mr. President, Senator checks continue saving lives by defeat- they were playing with guns.’’ For BIDEN has sent word over that his time ing this amendment. whatever reason, the little boy got can be taken by Senator KOHL and my- I thank the Chair. I yield for the Sen- shot. self. Senator BIDEN was going to talk ator from California. So here you have this cute little boy for 15 minutes. I ask that that time be Mrs. BOXER addressed the Chair. with a little space in between his teeth. divided between Senator KOHL and my- The PRESIDING OFFICER. The Sen- He hadn’t even gotten all of his teeth self. ator from California. yet. He is dead: The PRESIDING OFFICER. There is Mrs. BOXER. I thank the Chair. Boy 15, shot in the face with a .357 in stable no order to that effect. AMENDMENT NO. 3231 condition. Mrs. BOXER. I want to give some I assume we are getting close to a This is in Alaska. He was playing time to Senator KOHL. I have no need vote on this amendment. I want to with a gun. to talk on and on. make a point here. I do not believe My understanding is he may lose The PRESIDING OFFICER. Does the that this child safety lock amendment some of his hearing. The boy thought Senator from Wisconsin seek recogni- is a panacea—the cure-all, which will the chamber was empty and happened tion? stop all kids from dying. But it will to pull the trigger. The gun was stolen. Mr. KOHL. Yes, I do. help. And I believe we must do what- It goes on: A 14-year-old Amber Val- The PRESIDING OFFICER. The Sen- ever we can to help. ley boy shot in the head and killed ator from Wisconsin. I want to talk to you about a survey while he and his best friend were han- Mr. KOHL. Mr. President, I oppose that was done by the Violence Policy dling a handgun. this amendment for two reasons. First, Center called ‘‘Kids Shooting Kids.’’ These are not kids in gangs. These while I have a great deal of respect for These are stories from across the Na- are not kids who are vicious. These are Senator SMITH—I was in the room tion of unintentional shootings among ordinary children who are doing what when we wrote the Brady Act—along children and youth. This is a 9-month ordinary children do, which is to be cu- with Senators Dole, Mitchell and period in 1996. You read a story and you rious, which is to imitate what they Metzenbaum. Certainly no one in that think, ‘‘This is horrible,’’ and you don’t see in the movies. Had there been a room believed that you couldn’t charge realize the extent to which this is af- safety lock, these little children might fees under Brady. If anything, we ex- fecting our families and hurting our be alive today. pected that fees would be charged for children. These stories go on and on: doing checks. Nothing in Brady’s legis- So what I would like to do is read a Glendale boy finds gun. Accidentally shot, lative history leads me to change my number of these cases with this point .22 caliber revolver. mind. in mind, to show you how widespread 9-year-old Oasis boy accidentally shot. Vic- Fees for background checks are noth- this crisis truly is. It is not a panacea, tim in serious condition. 3-year-old finds gun, kills sister. ing new. In fact, when we negotiated but I believe it will save children’s Brady, all of us were aware that the lives—maybe 100, maybe 200, a year. Unbelievable. FBI charged fees for other background As you hear these stories, what I Boy paralyzed in gun accident. checks. And no one was surprised that, want you to do is ask yourself a ques- That is in Atlanta, GA. once Brady became law, 39 States au- tion, I say to my colleagues: If there 17-month-old shot accidentally by boy, 3. thorized fees for State-run Brady was a lock on that gun, would this ac- checks. No one is questioning these Accidentally shot by a playmate. cident have happened? That is what I Boy, 11, dies in a gun mishap. other fees. am asking you to do. Put the common- Second, prohibiting fees—without sense test to it. It just goes on and on. otherwise providing the funding nec- ‘‘Two boys hurt when pistol fires.’’ So we can say there is nothing we essary to support the instant check This one is in Mobile, AL. can do, and we could say let’s pass a system—would endanger the Brady Two boys looking under a mattress sense-of-the-Senate that parents Act. The instant check system, which for loose change found a pistol instead. should be shown all of this. That is was originally proposed by the NRA When the weapon discharged, Jacob fine. I don’t have any problem with itself, is an essential part of Brady that Lewis, 7, lost a finger. His friend, Mi- that. But we have to do something is scheduled to replace the State-run chael Moore, was hit in the face, the real, and that thing is to put locks on system at the end of this year. neck and the abdomen. Jacob’s grand- guns. Of course, these instant checks will father, Art Lewis, kept spare change So I was hoping against hope that we cost money. The FBI believes it will under his mattress, along with a hand- could, Senator CRAIG and I, join hands need about $75 million to pay for addi- gun. ‘‘They knew I kept some change on this one, that we could agree on this tional staff and resources. Unless the there, but they had no business going one, because I know we have certainly instant check system gets funded, back into that bedroom,’’ Jacob’s argued on other issues. I am quite sur- these checks will not happen. No fund- grandfather said. prised that we can’t reach agreement ing, no checks. And no checks means Jacob was treated and released. Mi- on this. I think it is common sense. I more criminals with guns and more vi- chael was still in the hospital listed in think it is good law. olence. stable condition. Lewis said his son Mr. President, I hope we can have a Now, in my opinion, it doesn’t mat- gave him the gun two weeks ago for vote on this. I hope we will succeed on ter whether the funding for instant protection because he was alone. He this. It is not my hope to speak much checks comes from fees or from a sepa- said, ‘‘I have never had a pistol.’’ He longer, only to respond if there is rate appropriation, but we need fund- kept the handgun loaded. He says, ‘‘I something that is put out that I think ing from somewhere, and we should not don’t want a pistol. I don’t want any- is merits a response. But I ask unani- make the FBI choose between cracking thing like this in my life.’’ mous consent that the rest of these down on violent gangs and doing in- That is what happened after the acci- stories be printed in the RECORD, not stant checks. But this amendment pro- dent. the entire group but a representative vides no alternative funding. Valdez, AK. This is a picture of this sample of stories that I have shared Mr. President, the real issue before little child, 8 years old. Front page with my colleagues. us is this. We can pay for instant story: There being no objection, the articles checks and build on the Brady Act’s were ordered to be printed in the An 8-year-old Valdez boy died Saturday of record of stopping nearly 150,000 crimi- a gun shot wound after he and his 10-year-old RECORD, as follows: nals from buying guns, or we can leave brother had been playing with a handgun in [From the Macon Telegraph, Dec. 17, 1995] Brady’s future up in the air and risk their Aleutian village home. Steven Lind 17-MONTH-OLD SHOT ACCIDENTALLY BY BOY, 3 putting more guns in the hands of dan- Johanson was pronounced dead at Valdez (By Joe Kovac, Jr.) Community Hospital of a single shot to the gerous felons. In my view, the choice is A 17-month-old girl who was accidentally head. easy. I do not want to see the FBI shot in her arm was recovering in a Macon make a ‘‘profit’’ on these fees, but we They said the results would be known hospital Saturday night. The shooter, police need to make sure that background later. ‘‘All we know at this point is said, was a 3-year-old playmate. S8628 CONGRESSIONAL RECORD — SENATE July 21, 1998 The victim, Yanita Grier, was shot one shot and killed an 11-year-old friend while When Robbins heard the gunshot, he ran to time with a .38-caliber revolver apparently playing with a handgun. the apartment and found the mother in left lying out in a bedroom, detectives said. Bryant Suttles, 7842 S. Winchester Ave., hysterics, kneeling over her daughter, who The child was in ‘‘stable’’ condition at The was shot once in the head with a 9mm semi- still was breathing. Medical Center of Central Georgia late Sat- automatic handgun while the two boys were ‘‘Where has she been shot?’’ he asked her. urday. in Suttles’ basement about 5:30 p.m. Thurs- ‘‘I don’t know,’’ cried the mother. The 3-year-old boy who’d been handling the day. ‘‘Lift up her shirt,’’ he instructed. gun told an investigator he’d picked it up The 15-year-old, whom police would not When she did so, he saw the little hole in and that it fired when he dropped it. identify, first told police he and his friend her chest. Robbins then ran into the bed- ‘‘My heart dropped when I went in and saw had found the gun in a drawer. The 11-year- room to see Colton. (what had happened),’’ said officer Cornelius old took it out, pointed it at his head and ‘‘I just picked him up and took him out- Pendleton. ‘‘There shouldn’t have been a gun shot himself. But the 15-year-old later ad- side,’’ Robbins said, ‘‘He was just scared, there like that.’’ mitted he was the one handling the gun, Cal- shaking. I rubbed his back and told him ev- The 7 p.m. shooting happened in a two-bed- umet Area violent crimes Sgt. Larry Augus- erything’s going to be OK and that he had to room apartment at 709–A Patton Ave., a tine said. be a good boy.’’ block east of Henderson Stadium, where be- Michael Hinke rushed from his job to the tween 10 and 13 children were living with [From the Atlanta (GA) Constitution, Feb. apartment off Colonial and Evans avenues, three adults, police said. 16, 1996] and he and his wife were taken by police to The wounded girl’s mother, Denita Grier, BOY PARALYZED IN GUN ACCIDENT—COUSIN, 9, the hospital. ‘‘My daughter is dying,’’ Sherri Hinke said, 28, along with other adults there, told police MISTAKENLY THOUGHT HE REMOVED BUL- overcome with emotion. she didn’t know there was a gun in the apart- LETS, POLICE SAY ment. Robbins, 33, a former Army Ranger who (By Bill Montgomery) was visibly shaken by the tragedy, followed ‘‘They were shocked to hear the shot,’’ said A 10-year-old College Park boy was para- detective Capt. Henry Gibson. the family to the hospital. lyzed when shot accidentally by a 9-year-old ‘‘She was a beautiful little girl,’’ a red- He said the gun belonged to the boyfriend cousin playing with a handgun he thought eyed Robbins said after leaving Kaile’s bed- of one of the residents. was unloaded, police said. side. ‘‘She had big . . . she had the biggest Initially, police were trying to figure out Somari Smith was paralyzed from the blue eyes. But I’m so worried about the little how the 3-year-old, whose name was not re- chest down in the shooting Wednesday at his boy. I hope he gets help.’’ leased, managed to squeeze the trigger. home at Harbour Towne Apartments on Riv- Colton was put in his grandmother’s care Only when a detective was able to talk to erdale Road, Clayton County police said. after the shooting, Robbins said, adding that the child did the shooting become more com- Somari was listed in critical but stable he apparently had realized what had hap- prehensible. condition at Eggleston Children’s Hospital pened. ‘‘It was very disturbing, kind of nerve- on Thursday evening. ‘‘The family told me that he said, ‘Nana, I racking, when you arrive on the scene and Clayton County police Lt. Doug Jewett shot my sister,’ ’’ he said. they tell you a 17-month-old has been shot would not identify the boy who fired the Under a state law passed in June 1989, par- with a .38,’’ Gibson said. ‘‘When we asked shot, pending further investigation. Jewett ents can be charged with a misdemeanor if who the suspect was, they said it was a 3- said the shooting apparently was an acci- they leave loaded firearms where children year-old child.’’ dent. can get to them. If a child injures or kills No charges are expected to be filed in the The 9-year-old thought he had unloaded someone with a gun, the parents could be incident. the .25-caliber semiautomatic pistol by re- charged with a felony punishable by five moving the magazine and did not realize a years in prison. [From the Okawville (IL) Times, Mar. 6, 1996] round remained in the chamber, Jewett said. Fort Myers police hadn’t filed any charges CHILD SHOT WHILE PLAYING WITH GUN Somari’s stepfather, Michael Williams, 32, as of Sunday night. Zach Muncy, 12, was shot in the chest as he had left the boys and a 2-year-old cousin ‘‘Until they get done with all the inter- and friend Josh Mathews were playing with a alone at the apartment while he went to pick viewing and find out all the facts of the case, small gun at the home of his grandmother, up his wife from her job in Atlanta, Jewett there won’t be any charges,’’ Sgt. Kevin An- Voneda Impastato, Thursday evening. said. derson said. The 9-year-old called 911 for help, police The bullet hit Muncy’s sternum. He was Accidental gunfire deaths have been a said, and met the officer who responded at taken by ambulance to the Washington leading cause of death of children aged 5–14 the door. Officer B.E. Kelley found Somari County Hospital, where he underwent emer- for years. It is rare, however, for children lying in an upstairs bathroom. The officer gency surgery to have the bullet removed. younger than 5 to die in accidental gunfire, saw blood on Somari’s chest, arms and the He was released the next day, and was able according to state statistics. rug beneath him, and the boy complained he Neightors, many of whom heard the gun- to return to school Tuesday. had no feeling in his legs. shot, were shocked when they heard what The bullet struck only a half-inch from had happened. Muncy’s heart, which would have proved [From the Fort Myers, FL News-Press, Jan. ‘‘Maybe you just might want to part with fatal. 15, 1995] your firearms when you have children in the Mathews received only minor injuries on house,’’ said neighbor Chris Marsella, 29. ‘‘Or his chest from fragments of the ammunition 3-YEAR-OLD FINDS GUN, KILLS SISTER— at least keep them locked up somewhere.’’ that exploded. He was treated and released PARENTS COULD FACE CHARGES (By Bob Norman) at the hospital the same evening. [From the Palm Springs, CA Desert Sun, According to the Okawville Police report, Three-year-old Colton Hinke was sitting in Feb. 19, 1996] the youths were handling a small caliber pis- the corner of his parent’s dark bedroom Sun- 9-YEAR-OLD OASIS BOY ACCIDENTALLY SHOT tol. They had apparently placed old (and per- day night, silent and trembling, a .25-caliber haps ammunition not designed for the gun) pistol having just gone off in his hand. (By Kenny Klein) in the chamber. A round was fired and ex- His 2-year-old sister, Kaile Hinke, was on OASIS—A 9-year-old boy was shot in the ploded in the weapon itself. her back on the apartment’s family room chest Sunday while he and a 14-year-old Voneda Impastato said that the boys had floor at Player’s Club, staring upward, her friend played with a loaded handgun in the found the gun. She was not at home when lips blue, her face pale, a little hole in her older boy’s home, sheriff’s deputies reported. the accident occurred. upper right chest. No adults were in the mobile home when the Zach Muncy moved in February from Kaile was in shock after being shot by Col- shooting occurred, deputies said. Taylorville to live with his grandmother at ton at about 7:15 p.m. Thirty minutes later The younger boy, Angel Gomez of Oasis, the Senior Apartments in Okawville. He had she would be declared dead at Lee Memorial was listed in serious condition at Desert Hos- formerly lived in Okawville with his parents, Hospital, surrounded by her grieving par- pital in Palm Springs late Sunday after hav- Dennis Muncy and Jean Muncy Gaynor, who ents, who under state law could be charged ing surgery to remove the bullet, which en- have since divorced and live in Taylorville. in her death. tered his left arm and passed into his chest, Mathews lives with his father, Randy Mat- Colton had pulled the loaded gun out of a Riverside County sheriff’s deputies said. hews in Okawville. drawer in the bedroom, said Chris Robbins, a The 14-year-old Oasis boy who deputies No charges are pending in the incident. neighbor who heard the gunshot and discov- would not identify, was detained and turned ered the little girl. over to Riverside County Child Protective [From the Chicago Daily Southtown, Apr. 27, ‘‘The boy didn’t even know what was going Services because his guardians, believed to 1996] on,’’ Robbins said, ‘‘The hardest thing is that be an aunt and uncle, could not be located they are both innocent victims.’’ Sunday afternoon. BOY, 11, DIES IN GUN MISHAP Colton and Kaile were in their parents’ ‘‘He’s not walking away from this,’’ sher- (By Stephanie Gehring and Janis Parker) bedroom playing while their mother, Sherri iff’s Sgt. John Carlson said. The boy is ‘‘ter- A 15-year-old Auburn-Gresham neighbor- Hinke, 24, was in another room, according to rified and scared out of his wits.’’ hood boy was charged with involuntary man- police. The father, 27-year-old Michael The shooting, which deputies believe was slaughter Thursday after he accidentally Hinke, was at work at Domino’s Pizza. accidental, happened about noon inside the July 21, 1998 CONGRESSIONAL RECORD — SENATE S8629 mobile home in the 72–7090 block of Pierce ‘‘(A) a device that, when installed on a fire- enter into contracts with, those persons and Street, deputies said. The two boys appar- arm, is designed to prevent the firearm from entities to carry out the purposes specified ently found the medium- to large-caliber being operated without first deactivating the in subsection (a)(1)(B) in accordance with handgun and began playing with it, deputies device; subsection (c)’’; and said. ‘‘(B) a device incorporated into the design (3) by adding at the end the following: The gun went off and struck the 9-year-old, of the firearm that is designed to prevent the ‘‘(c)(1) In accordance with this subsection, Carlson said. The 14-year-old boy ran to a operation of the firearm by anyone not hav- the Director may make a grant to, or enter nearby mobile home where the neighbor ing access to the device; or into a contract with, any person or entity re- called 911, Carlson said. ‘‘(C) a safe, gun safe, gun case, lock box, or ferred to in subsection (b) to provide for a ‘‘When questioned, the 14-year-old said other device that is designed to be or can be firearm safety program that, in a manner that the other boy shot himself,’’ Carlson used to store a firearm and that is designed consistent with subsection (a)(1)(B), provides said. ‘‘The location of the wound makes that to be unlocked only by means of a key, a for general public training and dissemina- story extremely unlikely.’’ combination, or other similar means.’’. tion of information concerning firearm safe- Deputies and an investigator waited at the (b) CERTIFICATION REQUIRED IN APPLICATION ty, secure gun storage, and the lawful owner- mobile home for the older boy’s aunt and FOR DEALER’S LICENSE.—Section 923(d)(1) of ship, carriage, or use of firearms, including uncle to return, but hadn’t located them by title 18, United States Code, is amended— the provision of secure gun storage or safety 9 p.m. Investigators planned to search the (1) in subparagraph (E), by striking ‘‘and’’ devices. mobile home for the weapon, they said, be- at the end; ‘‘(2) Funds made available under a grant cause the older boy refused to tell them (2) in subparagraph (F), by striking the pe- under paragraph (1) may not be used (either where it was. riod at the end and inserting ‘‘; and’’; and directly or by supplanting non-Federal The aunt and uncle could face a felony (3) by adding at the end the following: funds) for advocating or promoting gun con- charge of leaving a loaded firearm where a ‘‘(G) in the case of an application to be li- trol, including making communications that child can obtain and improperly use it, Carl- censed as a dealer, the applicant certifies are intended to directly or indirectly affect son said. The maximum sentence for a con- that secure gun storage or safety devices will the passage of Federal, State, or local legis- viction would be three years, he said. be available at any place in which firearms lation intended to restrict or control the The 9-year-old boy lives near the park and are sold under the license to persons who are purchase or use of firearms. often hangs around the area, deputies said. not licensees (subject to the exception that ‘‘(3) Except as provided in paragraph (4), ‘‘Angel is such a nice boy but the other boy in any case in which a secure gun storage or each firearm safety program that receives is a little wild,’’ said trailer park resident safety device is temporarily unavailable be- funding under this subsection shall provide Raquel Sanchez, 39. ‘‘I can’t believe this hap- cause of theft, casualty loss, consumer sales, for evaluations that shall be developed pur- pened.’’ backorders from a manufacturer, or any suant to guidelines that the Director of the Angel’s family feared for his life. other similar reason beyond the control of National Institute of Justice of the Depart- ‘‘I hope my brother is going to be OK,’’ said the licensee, the dealer shall not be consid- ment of Justice, in consultation with the Di- 13-year-old Blanca Gomez, the boy’s sister. ered to be in violation of the requirement rector of the Bureau of Justice Assistance ‘‘I’m so worried.’’ under this subparagraph to make available and recognized private entities that have ex- Both boys attend Oasis School, she said. such a device).’’. pertise in firearms safety, education and Mrs. BOXER. I yield the floor at this (c) REVOCATION OF DEALER’S LICENSE FOR training, shall establish. FAILURE TO HAVE SECURE GUN STORAGE OR ‘‘(4) With respect to a firearm safety pro- time. gram that receives funding under this sec- Mr. CRAIG. Mr. President, I note the SAFETY DEVICES AVAILABLE.—The first sen- tence of section 923(e) of title 18, United tion, the Director may waive the evaluation absence of a quorum. States Code, is amended by inserting before requirement described in paragraph (3) if the The PRESIDING OFFICER. The the period at the end the following: ‘‘or fails Director determines that the program— clerk will call the roll. to have secure gun storage or safety devices ‘‘(A) is not of a sufficient size to justify an The legislative clerk proceeded to available at any place in which firearms are evaluation; or call the roll. sold under the license to persons who are not ‘‘(B) is designed primarily to provide mate- rial resources and supplies, and that activity Mr. LOTT. Mr. President, I ask unan- licensees (except that in any case in which a secure gun storage or safety device is tempo- would not justify an evaluation.’’. imous consent that the order for the FFECTIVE DATE.—The amendments rarily unavailable because of theft, casualty (b) E quorum call be rescinded. made by this section shall take effect on the loss, consumer sales, backorders from a man- earlier of— The PRESIDING OFFICER. Without ufacturer, or any other similar reason be- (1) October 1, 1998; or objection, it is so ordered. yond the control of the licensee, the dealer (2) the date of enactment of this Act. MOTION TO COMMIT WITH AMENDMENT NO. 3235 shall not be considered to be in violation of (Purpose: To provide for firearms safety, and the requirement to make available such a Mr. LOTT. Mr. President, I ask for for other purposes) device)’’. the yeas and nays. Mr. LOTT. Mr. President, I move to (d) STATUTORY CONSTRUCTION; EVIDENCE.— The PRESIDING OFFICER. Is there a commit the pending legislation to the (1) STATUTORY CONSTRUCTION.—Nothing in sufficient second? the amendments made by this section shall Judiciary Committee to report back There is a sufficient second. be construed— The yeas and nays were ordered. forthwith in status quo with an amend- (A) as creating a cause of action against AMENDMENT NO. 3236 TO INSTRUCTIONS ment as follows. any firearms dealer or any other person for (Purpose: To provide for firearms safety, and I send the text to the desk. any civil liability; or for other purposes) The PRESIDING OFFICER. The (B) as establishing any standard of care. Mr. LOTT. I send an amendment to clerk will report. (2) EVIDENCE.—Notwithstanding any other the desk to the instructions and ask The legislative clerk read as follows: provision of law, evidence regarding compli- ance or noncompliance with the amendments for its immediate consideration. The Senator from Mississippi [Mr. LOTT] made by this section shall not be admissible The PRESIDING OFFICER. The moves to commit the pending bill to the Ju- as evidence in any proceeding of any court, clerk will report. diciary Committee with instructions to re- agency, board, or other entity. port back forthwith in status quo and with The legislative clerk read as follows: (e) EFFECTIVE DATE.—The amendments the following amendment, No. 3235. The Senator from Mississippi [Mr. LOTT] made by this section shall take effect 180 proposes an amendment numbered 3236 to Mr. LOTT. Mr. President, I ask unan- days after the date of enactment of this Act. the instructions. imous consent that reading of the SEC. . FIREARM SAFETY EDUCATION GRANTS. Mr. LOTT. Mr. President, I ask unan- amendment be dispensed with. (a) IN GENERAL.—Section 510 of the Omni- imous consent that reading of the The PRESIDING OFFICER. Without bus Crime Control and Safe Streets Act of amendment be dispensed with. objection, it is so ordered. 1968 (42 U.S.C. 3760) is amended— (1) in subsection (a), by striking paragraph The PRESIDING OFFICER. Without The amendment (No. 3235) is as fol- objection, it is so ordered. lows: (1) and inserting the following: ‘‘(1) undertaking educational and training The amendment is as follows: In the appropriate place insert the follow- programs for— Strike all after the first word of the ing: ‘‘(A) criminal justice personnel; and amendment, and insert the following: SEC. . FIREARMS SAFETY. ‘‘(B) the general public, with respect to the SEC. . FIREARMS SAFETY. (a) SECURE GUN STORAGE DEVICE.— lawful and safe ownership, storage, carriage, (a) SECURE GUN STORAGE DEVICE.— Section 921(a) of title 18, United States or use of firearms, including the provision of Section 921(a) of title 18, United States Code, is amended by adding at the end the secure gun storage or safety devices;’’; Code, is amended by adding at the end the following: (2) in the first sentence of subsection (b), following: ‘‘(34) The term ‘secure gun storage or safe- by inserting before the period the following: ‘‘(34) The term ‘secure gun storage or safe- ty device’ means— ‘‘and is authorized to make grants to, or ty device’ means— S8630 CONGRESSIONAL RECORD — SENATE July 21, 1998 ‘‘(A) a device that, when installed on a fire- enter into contracts with, those persons and ‘‘(C) a safe, gun safe, gun case, lock box, or arm, is designed to prevent the firearm from entities to carry out the purposes specified other device that is designed to be or can be being operated without first deactivating the in subsection (a)(1)(B) in accordance with used to store a firearm and that is designed device; subsection (c)’’; and to be unlocked only by means of a key, a ‘‘(B) a device incorporated into the design (3) by adding at the end the following: combination, or other similar means.’’. of the firearm that is designed to prevent the ‘‘(c)(1) In accordance with this subsection, (b) CERTIFICATION REQUIRED IN APPLICATION operation of the firearm by anyone not hav- the Director may make a grant to, or enter FOR DEALER’S LICENSE.—Section 923(d)(1) of ing access to the device; or into a contract with, any person or entity re- title 18, United States Code, is amended— ‘‘(C) a safe, gun safe, gun case, lock box, or ferred to in subsection (b) to provide for a (1) in subparagraph (E), by striking ‘‘and’’ other device that is designed to be or can be firearm safety program that, in a manner at the end; used to store a firearm and that is designed consistent with subsection (a)(1)(B), provides (2) in subparagraph (F), by striking the pe- to be unlocked only by means of a key, a for general public training and dissemina- riod at the end and inserting ‘‘; and’’; and combination, or other similar means.’’. tion of information concerning firearm safe- (3) by adding at the end the following: (b) CERTIFICATION REQUIRED IN APPLICATION ty, secure gun storage, and the lawful owner- ‘‘(G) in the case of an application to be li- FOR DEALER’S LICENSE.—Section 923(d)(1) of ship, carriage, or use of firearms, including censed as a dealer, the applicant certifies title 18, United States Code, is amended— the provision of secure gun storage or safety that secure gun storage or safety devices will (1) in subparagraph (E), by striking ‘‘and’’ devices. be available at any place in which firearms at the end; ‘‘(2) Funds made available under a grant are sold under the license to persons who are (2) in subparagraph (F), by striking the pe- under paragraph (1) may not be used (either not licensees (subject to the exception that riod at the end and inserting ‘‘; and’’; and directly or by supplanting non-Federal in any case in which a secure gun storage or (3) by adding at the end the following: funds) for advocating or promoting gun con- safety device is temporarily unavailable be- ‘‘(G) in the case of an application to be li- trol, including making communications that cause of theft, casualty loss, consumer sales, censed as a dealer, the applicant certifies are intended to directly or indirectly affect backorders from a manufacturer, or any that secure gun storage or safety devices will the passage of Federal, State, or local legis- other similar reason beyond the control of be available at any place in which firearms lation intended to restrict or control the the licensee, the dealer shall not be consid- are sold under the license to persons who are purchase or use of firearms. ered to be in violation of the requirement not licensees (subject to the exception that ‘‘(3) Except as provided in paragraph (4), under this subparagraph to make available in any case in which a secure gun storage or each firearm safety program that receives such a device).’’. safety device is temporarily unavailable be- funding under this subsection shall provide (c) REVOCATION OF DEALER’S LICENSE FOR cause of theft, casualty loss, consumer sales, for evaluations that shall be developed pur- FAILURE TO HAVE SECURE GUN STORAGE OR backorders from a manufacturer, or any suant to guidelines that the Director of the SAFETY DEVICES AVAILABLE.—The first sen- other similar reason beyond the control of National Institute of Justice of the Depart- tence of section 923(e) of title 18, United the licensee, the dealer shall not be consid- ment of Justice, in consultation with the Di- States Code, is amended by inserting before ered to be in violation of the requirement rector of the Bureau of Justice Assistance the period at the end the following: ‘‘or fails under this subparagraph to make available and recognized private entities that have ex- to have secure gun storage or safety devices such a device).’’. pertise in firearms safety, education and available at any place in which firearms are (c) REVOCATION OF DEALER’S LICENSE FOR training, shall establish. sold under the license to persons who are not ‘‘(4) With respect to a firearm safety pro- FAILURE TO HAVE SECURE GUN STORAGE OR licensees (except that in any case in which a gram that receives funding under this sec- SAFETY DEVICES AVAILABLE.—The first sen- secure gun storage or safety device is tempo- tence of section 923(e) of title 18, United tion, the Director may waive the evaluation rarily unavailable because of theft, casualty States Code, is amended by inserting before requirement described in paragraph (3) if the loss, consumer sales, backorders from a man- the period at the end the following: ‘‘or fails Director determines that the program— ufacturer, or any other similar reason be- to have secure gun storage or safety devices ‘‘(A) is not of a sufficient size to justify an yond the control of the licensee, the dealer available at any place in which firearms are evaluation; or shall not be considered to be in violation of sold under the license to persons who are not ‘‘(B) is designed primarily to provide mate- the requirement to make available such a licensees (except that in any case in which a rial resources and supplies, and that activity device)’’. (d) STATUTORY CONSTRUCTION; EVIDENCE.— secure gun storage or safety device is tempo- would not justify an evaluation.’’. (b) EFFECTIVE DATE.—The amendments (1) STATUTORY CONSTRUCTION.—Nothing in rarily unavailable because of theft, casualty made by this section shall take effect on the the amendments made by this section shall loss, consumer sales, backorders from a man- earlier of— be construed— ufacturer, or any other similar reason be- (1) October 2, 1998; or (A) as creating a cause of action against yond the control of the licensee, the dealer (2) the date of enactment of this Act. any firearms dealer or any other person for shall not be considered to be in violation of any civil liability; or the requirement to make available such a Mr. LOTT. Mr. President, I ask for (B) as establishing any standard of care. device)’’. the yeas and nays. (2) EVIDENCE.—Notwithstanding any other (d) STATUTORY CONSTRUCTION; EVIDENCE.— The PRESIDING OFFICER. Is there a provision of law, evidence regarding compli- (1) STATUTORY CONSTRUCTION.—Nothing in sufficient second? ance or noncompliance with the amendments the amendments made by this section shall There is a sufficient second. made by this section shall not be admissible be construed— The yeas and nays were ordered. as evidence in any proceeding of any court, (A) as creating a cause of action against AMENDMENT NO. 3237 TO AMENDMENT NO. 3236 agency, board, or other entity. any firearms dealer or any other person for (Purpose: To provide for firearms safety, and (e) EFFECTIVE DATE.—The amendments any civil liability; or for other purposes) made by this section shall take effect 180 (B) as establishing any standard of care. Mr. LOTT. I now send a second-de- days after the date of enactment of this Act. (2) EVIDENCE.—Notwithstanding any other gree amendment to the desk. SEC. . FIREARM SAFETY EDUCATION GRANTS. provision of law, evidence regarding compli- The PRESIDING OFFICER. The (a) IN GENERAL.—Section 510 of the Omni- ance or noncompliance with the amendments bus Crime Control and Safe Streets Act of made by this section shall not be admissible clerk will report. The legislative clerk read as follows: 1968 (42 U.S.C. 3760) is amended— as evidence in any proceeding of any court, (1) in subsection (a), by striking paragraph The Senator from Mississippi [Mr. LOTT] agency, board, or other entity. (1) and inserting the following: proposes an amendment numbered 3237 to (e) EFFECTIVE DATE.—The amendments ‘‘(1) undertaking educational and training amendment No. 3236. made by this section shall take effect 180 programs for— days after the date of enactment of this Act. The amendment is as follows: ‘‘(A) criminal justice personnel; and SEC. . FIREARM SAFETY EDUCATION GRANTS. Strike all after the word ‘‘Firearms’’ and ‘‘(B) the general public, with respect to the (a) IN GENERAL.—Section 510 of the Omni- insert the following: lawful and safe ownership, storage, carriage, bus Crime Control and Safe Streets Act of SAFETY. or use of firearms, including the provision of 1968 (42 U.S.C. 3760) is amended— (a) SECURE GUN STORAGE DEVICE.—Section secure gun storage or safety devices;’’; (1) in subsection (a), by striking paragraph 921(a) of title 18, United States Code, is (2) in the first sentence of subsection (b), (1) and inserting the following: amended by adding at the end the following: by inserting before the period the following: ‘‘(1) undertaking educational and training ‘‘(34) The term ‘secure gun storage or safe- ‘‘and is authorized to make grants to, or programs for— ty device’ means— enter into contracts with, those persons and ‘‘(A) criminal justice personnel; and ‘‘(A) a device that, when installed on a fire- entities to carry out the purposes specified ‘‘(B) the general public, with respect to the arm, is designed to prevent the firearm from in subsection (a)(1)(B) in accordance with lawful and safe ownership, storage, carriage, being operated without first deactivating the subsection (c)’’; and or use of firearms, including the provision of device; (3) by adding at the end the following: secure gun storage or safety devices;’’; ‘‘(B) a device incorporated into the design ‘‘(c)(1) In accordance with this subsection, (2) in the first sentence of subsection (b), of the firearm that is designed to prevent the the Director may make a grant to, or enter by inserting before the period the following: operation of the firearm by anyone not hav- into a contract with, any person or entity re- ‘‘and is authorized to make grants to, or ing access to the device; or ferred to in subsection (b) to provide for a July 21, 1998 CONGRESSIONAL RECORD — SENATE S8631 firearm safety program that, in a manner way to consider this issue. The Sen- all Senators understanding what is in consistent with subsection (a)(1)(B), provides ators have time to state their position that amendment, I will require an addi- for general public training and dissemina- on both sides of the issue and we could tional 5 minutes of time for the expla- tion of information concerning firearm safe- ty, secure gun storage, and the lawful owner- then come to a vote on both of them. nation of that amendment. ship, carriage, or use of firearms, including My effort here is to try to get it set up Mr. LOTT. Mr. President, can we the provision of secure gun storage or safety in that way where each side gets a fair amend the unanimous consent request devices. vote, each side gets a fair time to de- to take it then to 4:50 p.m.? ‘‘(2) Funds made available under a grant bate it. I hope the Senator will give Mrs. BOXER. As long as it is equally under paragraph (1) may not be used (either consideration to that. If the Senator divided—you get the extra time, and directly or by supplanting non-Federal likes, until we can decide exactly how we get the extra time—that is fine with funds) for advocating or promoting gun con- us. trol, including making communications that we might proceed, I suggest the ab- are intended to directly or indirectly affect sence of a quorum. Mr. LOTT. I make that request then. the passage of Federal, State, or local legis- The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there lation intended to restrict or control the clerk will call the roll. objection? Without objection, it is so purchase or use of firearms. The legislative clerk proceeded to ordered. ‘‘(3) Except as provided in paragraph (4), call the roll. The Senator from Idaho is recog- each firearm safety program that receives Mr. LOTT. Mr. President, I ask unan- nized. funding under this subsection shall provide imous consent that the order for the (Amendment No. 3231, Lott motion to for evaluations that shall be developed pur- suant to guidelines that the Director of the quorum call be rescinded. commit with amendment No. 3235, National Institute of Justice of the Depart- The PRESIDING OFFICER. Without Amendment Nos. 3236 and 3237 were ment of Justice, in consultation with the Di- objection, it is so ordered. The major- withdrawn.) rector of the Bureau of Justice Assistance ity leader. Mr. CRAIG addressed the Chair. and recognized private entities that have ex- UNANIMOUS CONSENT AGREEMENT The PRESIDING OFFICER. The Sen- pertise in firearms safety, education and Mr. LOTT. Mr. President, I ask unan- ator from Idaho. training, shall establish. AMENDMENT NO. 3238 ‘‘(4) With respect to a firearm safety pro- imous consent that the pending Boxer gram that receives funding under this sec- second-degree amendment be with- (Purpose: To provide for firearms safety, and tion, the Director may waive the evaluation drawn and the motion to commit be for other purposes) requirement described in paragraph (3) if the withdrawn and the first-degree amend- Mr. CRAIG. Mr. President, I send an Director determines that the program— ment be laid aside and Senator CRAIG amendment to the desk. ‘‘(A) is not of a sufficient size to justify an be immediately recognized to offer a The PRESIDING OFFICER. The evaluation; or first-degree amendment relative to gun clerk will report. ‘‘(B) is designed primarily to provide mate- The legislative clerk read as follows: rial resources and supplies, and that activity safety. would not justify an evaluation.’’. I further ask unanimous consent that The Senator from Idaho [Mr. CRAIG], for himself and Mr. HATCH, proposes an amend- UNANIMOUS CONSENT REQUEST there be time between now and 4:45 for ment numbered 3238. Mr. LOTT. Mr. President, I will be debate on both the Boxer and the Craig happy to withdraw this action just amendments combined, to be equally Mr. CRAIG. Mr. President, I ask taken if the Senator from California divided between Senators CRAIG and unanimous consent that reading of the would be willing to agree to the follow- BOXER, with no second-degree amend- amendment be dispensed with. ing consent, which I will now pro- ments in order to either amendment; The PRESIDING OFFICER. Without pound. This consent would allow for a that following the conclusion or yield- objection, it is so ordered. vote in relation to the Craig gun safety ing back of time, the Senate proceed to The amendment is as follows: issue as well as the Boxer trigger lock a vote on, or in relation to, the Craig At the appropriate place insert the follow- issue. I hope the Senator would con- amendment, to be followed imme- ing: sider and would agree to the consent. diately by a vote on, or in relation to, SEC. . FIREARMS SAFETY. I ask unanimous consent, then, that the Boxer amendment; further, that (a) SECURE GUN STORAGE DEVICE.— the pending Boxer second-degree there be 2 minutes of debate prior to Section 921(a) of title 18, United States the vote in relation to the Boxer Code, is amended by adding at the end the amendment be withdrawn and the mo- following: tion to commit be withdrawn and the amendment. ‘‘(34) The term ‘secure gun storage or safe- first-degree amendment be laid aside The PRESIDING OFFICER. Is there ty device’ means— and Senator CRAIG be immediately rec- objection? ‘‘(A) a device that, when installed on a fire- ognized to offer a first-degree amend- Mrs. BOXER. Reserving the right to arm, is designed to prevent the firearm from ment relative to gun safety. object, and I shall not object, I ask the being operated without first deactivating the I further ask that there be 90 minutes majority leader if he will be willing to device; for debate on both the Boxer and the allow a straight up-or-down vote on ‘‘(B) a device incorporated into the design Craig amendments combined, to be both measures and rule out the tabling of the firearm that is designed to prevent the motion. Will he be willing to incor- operation of the firearm by anyone not hav- equally divided between Senators ing access to the device; or CRAIG and BOXER, with no second-de- porate that in the UC? ‘‘(C) a safe, gun safe, gun case, lock box, or gree amendments in order to either Mr. LOTT. First of all, I thank the other device that is designed to be or can be amendment, and following the conclu- Senator for working with us to get used to store a firearm and that is designed sion or yielding back of time, the Sen- what I believe to be a fair amount of to be unlocked only by means of a key, a ate proceed to a vote on or in relation time and a vote on each issue. We will combination, or other similar means.’’. to the Craig amendment, to be followed not be able to amend it to allow for (b) CERTIFICATION REQUIRED IN APPLICATION immediately by a vote on or in relation that vote. We have to have the option FOR DEALER’S LICENSE.—Section 923(d)(1) of title 18, United States Code, is amended— to the Boxer amendment. for a motion to table. Mrs. BOXER. I am disappointed, be- (1) in subparagraph (E), by striking ‘‘and’’ The PRESIDING OFFICER. Is there at the end; objection? cause I think it is a very clear vote: Ei- (2) in subparagraph (F), by striking the pe- Mrs. BOXER. Mr. President, reserv- ther you are for child safety locks or riod at the end and inserting ‘‘; and’’; and ing the right to object, this may work not. I would have preferred that, but in (3) by adding at the end the following: out fine, I say to the majority leader. the interest of moving this bill for- ‘‘(G) in the case of an application to be li- We just want a little time to share it ward, I do not object to the unanimous censed as a dealer, the applicant certifies with a few Senators here who are very consent request. that secure gun storage or safety devices will involved in this amendment. So at the Mr. CRAIG. Mr. President, reserving be available at any place in which firearms moment I will object, keeping the door the right to object. are sold under the license to persons who are not licensees (subject to the exception that wide open to eventual agreement, but The PRESIDING OFFICER. The Sen- in any case in which a secure gun storage or we would like to have about 15 minutes ator from Idaho. safety device is temporarily unavailable be- to look it over. Mr. CRAIG. I will be offering a first- cause of theft, casualty loss, consumer sales, Mr. LOTT. If I might say to the Sen- degree amendment in a few moments if backorders from a manufacturer, or any ator’s objection, I think this is a fair this is accepted. I think for the sake of other similar reason beyond the control of S8632 CONGRESSIONAL RECORD — SENATE July 21, 1998 the licensee, the dealer shall not be consid- ment of Justice, in consultation with the Di- are prepared to train members of the ered to be in violation of the requirement rector of the Bureau of Justice Assistance public in the safe possession, carrying, under this subparagraph to make available and recognized private entities that have ex- and use of firearms. As you know, 34 such a device).’’. pertise in firearms safety, education and States have now passed and empowered (c) REVOCATION OF DEALER’S LICENSE FOR training, shall establish. our citizens to carry concealed weap- FAILURE TO HAVE SECURE GUN STORAGE OR ‘‘(4) With respect to a firearm safety pro- SAFETY DEVICES AVAILABLE.—The first sen- gram that receives funding under this sec- ons for protection. Therefore, it is crit- tence of section 923(e) of title 18, United tion, the Director may waive the evaluation ical that we as a citizenry advance the States Code, is amended by inserting before requirement described in paragraph (3) if the cause of education. the period at the end the following: ‘‘or fails Director determines that the program— My amendment allows for Byrne to have secure gun storage or safety devices ‘‘(A) is not of a sufficient size to justify an grant funds to be used by State and available at any place in which firearms are evaluation; or local law enforcement agencies to train sold under the license to persons who are not ‘‘(B) is designed primarily to provide mate- the public in the safe handling of fire- licensees (except that in any case in which a rial resources and supplies, and that activity would not justify an evaluation.’’. arms and to make a positive contribu- secure gun storage or safety device is tempo- tion in that education. The statistics rarily unavailable because of theft, casualty (b) EFFECTIVE DATE.—The amendments loss, consumer sales, backorders from a man- made by this section shall take effect on the that are real that I have spoken to this ufacturer, or any other similar reason be- earlier of— afternoon and that the Senator from yond the control of the licensee, the dealer (1) October 1, 1998; or California has spoken to can be dra- shall not be considered to be in violation of (2) the date of enactment of this Act. matically reduced by education, by the requirement to make available such a Mr. CRAIG. Mr. President, I ask for training, and by understanding. It is device)’’. the yeas and nays on the amendment. evident because we see the decline in (d) STATUTORY CONSTRUCTION; EVIDENCE.— The PRESIDING OFFICER. Is there a gun accidents today. (1) STATUTORY CONSTRUCTION.—Nothing in sufficient second? We also know that there are a vari- the amendments made by this section shall There is a sufficient second. ety of organizations out there that are be construed— The yeas and nays were ordered. actively involved in working to train (A) as creating a cause of action against Mr. CRAIG. Mr. President, I have any firearms dealer or any other person for sent the amendment to the desk. I our citizens as it relates to the safe use any civil liability; or thank my colleagues from California of firearms. So my amendment is much (B) as establishing any standard of care. and Illinois for raising the issue of fire- broader. It is not a mandate, but it cer- (2) EVIDENCE.—Notwithstanding any other tainly requires the full complement of arms safety. All of us are concerned provision of law, evidence regarding compli- gun safety equipment and necessary at- about it. We should be. There is no ance or noncompliance with the amendments tributes to be sold and made available question that this Senate should ex- made by this section shall not be admissible to gun owners, and it provides edu- press itself. But I think it is wrong to as evidence in any proceeding of any court, cation and educational moneys for agency, board, or other entity. suggest that one size fits all and that local and State law enforcement agen- (e) EFFECTIVE DATE.—The amendments Washington has the right answer. Even cies to begin to train and educate our made by this section shall take effect 180 as the Senator from California was citizenry as it relates to this important days after the date of enactment of this Act. speaking, she was talking about local issue. SEC. . FIREARM SAFETY EDUCATION GRANTS. community and State law that was (a) IN GENERAL.—Section 510 of the Omni- More and more States are moving to changing the character of gun owner- the right of citizens to carry guns. bus Crime Control and Safe Streets Act of ship and the management or the safe 1968 (42 U.S.C. 3760) is amended— Thirty-four States have now said, by (1) in subsection (a), by striking paragraph handling of guns. And that is exactly their action, that the citizen is empow- (1) and inserting the following: what my amendment offers. ered to carry a weapon for the purpose ‘‘(1) undertaking educational and training It recognizes that there is no quick of protection; yet there is a decline in programs for— fix to the tragedy of juvenile crime and the number of accidental deaths by ‘‘(A) criminal justice personnel; and firearm accidents. But it does recog- guns. That can come, as it is coming, ‘‘(B) the general public, with respect to the nize the importance of making avail- by education. We are empowering, by lawful and safe ownership, storage, carriage, able safety devices of all kinds to fit or use of firearms, including the provision of this amendment, our State and local all circumstances, not just a trigger governments to do just that. secure gun storage or safety devices;’’; lock but a safe, a box, a lockbox, all of (2) in the first sentence of subsection (b), Let me close by saying this: The pro- by inserting before the period the following: those kinds of things that should be re- vision that I offer is an amendment ‘‘and is authorized to make grants to, or quired and made available to gun pur- that was offered and adopted by the Ju- enter into contracts with, those persons and chasers by the community of interests diciary Committee last year during its entities to carry out the purposes specified that sells guns and small business peo- markup on S. 10, the juvenile crime in subsection (a)(1)(B) in accordance with ple who offer those types of firearms to bill. I urge my colleagues to agree with subsection (c)’’; and the public. the consideration and the judgment of (3) by adding at the end the following: First, it expands the definition of the Judiciary Committee. Senator ‘‘(c)(1) In accordance with this subsection, ‘‘safety devices’’ to include, as I have the Director may make a grant to, or enter ORRIN HATCH, the chairman of the Ju- into a contract with, any person or entity re- mentioned, a variety of devices besides diciary Committee, is a cosponsor with ferred to in subsection (b) to provide for a just trigger locks. I think it is impor- me of this amendment. It has had full firearm safety program that, in a manner tant that we do that. consideration and acceptance by that consistent with subsection (a)(1)(B), provides My amendment requires that vendors committee. for general public training and dissemina- have these safety devices available for So it is not something that is quick tion of information concerning firearm safe- sale, but it does not require that a ven- to judge. It is something to recognize ty, secure gun storage, and the lawful owner- dor sell a safety device along with that as we debate the safety of the use ship, carriage, or use of firearms, including every firearm. It certainly does say of firearms, that we assure the public the provision of secure gun storage or safety that a vendor must make these avail- devices. the availability of equipment and de- ‘‘(2) Funds made available under a grant able and that the purchasing public be- vices to ensure and broaden that safety under paragraph (1) may not be used (either come aware of it. and, most importantly, it provide the directly or by supplanting non-Federal It is also important that my amend- necessary educational components to funds) for advocating or promoting gun con- ment helps to ensure that this new re- offer that. trol, including making communications that quirement is entirely tort neutral. The The PRESIDING OFFICER. The Sen- are intended to directly or indirectly affect amendment provides that it does not ator’s time has expired. the passage of Federal, State, or local legis- establish a standard of care or it fur- The Senator from California. lation intended to restrict or control the ther states that evidence regarding Mrs. BOXER. Mr. President, it is my purchase or use of firearms. compliance or noncompliance with this ‘‘(3) Except as provided in paragraph (4), understanding that I will be control- each firearm safety program that receives requirement is inadmissible in court. ling 5 minutes at this time, correct? funding under this subsection shall provide The amendment, therefore, does not The PRESIDING OFFICER. Five- for evaluations that shall be developed pur- hurt nor help a plaintiff or a defendant. and-a-half minutes. suant to guidelines that the Director of the Finally, my amendment helps to en- Mrs. BOXER. Five-and-a-half min- National Institute of Justice of the Depart- sure that State and local authorities utes. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8633 It is my intention to yield most of move his license—guess what?—under actment of more federal gun control my time to my colleague from Illinois. section (2) you can’t—you can’t. ‘‘Not- laws. It is at its core a moral problem. When I first heard about the Craig withstanding any other provision of Somehow, in too many instances, we amendment and looked it over, without law, [any] evidence regarding compli- have failed as a society to pass along to getting into the details, I thought this ance or noncompliance with the the next generation the moral compass looked like something I could support. amendments . . . [none of it is] admis- that differentiates right from wrong. Now I am having doubts about it due to sible as evidence in [the court or any This cannot be legislated. It will not be the enforcement provisions. agency.]’’ restored by the enactment of a new law I am going to turn it over to my Mr. CRAIG. Will the Senator yield? or the implementation of a new pro- friend and colleague from Illinois. Mr. DURBIN. I will yield when I have gram. But it can be achieved by com- completed. I thank the Senator. I yield 4 minutes to the Senator from munities working together to teach ac- I think that really tells the story. Illinois. countability by example and by early Mr. DURBIN. I thank the Senator First, there is no requirement, and if there were, it is unenforceable. So this intervention when the signs clearly from California. point to violent and antisocial behav- For those who missed a few innings really is eyewash. This is an oppor- ior, as seems to be the case in some of and would like to know what the score tunity to have something to vote for, these tragedies. is, what happened, the Senator from but the real something is coming. It is California offered an amendment which the amendment by the Senator from Now, I would like to debate this requires a trigger lock be sold with California. issue. I think the Senate should be de- each handgun in America. And she does Basically, what we are talking about bating juvenile crime legislation. The a few things procedurally so we are now is whether or not we are for trig- Judiciary Committee spent eight going to have an up-or-down vote. And, ger locks to protect children. I am in weeks last summer marking up the of course, there are people who do not favor of firearms safety and education. most comprehensive reform of the Ju- want to vote on that. They are afraid But the bottom line is that little trig- venile Justice and Delinquency Preven- of—well, let us not say that. There are ger lock put on a revolver or a handgun tion Act in that law’s twenty-five year people who disagree with her. There keeps it from destroying another history. We could debate how to re- are people who don’t want to vote on child’s life. store accountability to a broken juve- We can vote for or against the it. nile justice system. We could debate The Senator from Idaho, who openly amendment of the Senator from Idaho, how to fix a broken system that fails opposes her amendment, comes in with but after it is all said and done, the too many of our young people, so that real deal here is the amendment by the what he considers to be a substitute it protects society. But we are not Senator from California, Senator amendment. That is what we are debat- doing that. Instead, we will debate BOXER. She is the one who says, you do ing now. The good part is, when it is all more gun control. not just have to have trigger locks on over, we get to vote on both of them: the premises, you have to sell them I should note for my colleagues that The proposal of the Senator from with the gun. You have to make sure this particular provision has already Idaho, which I have in my hand, that the gun owner walks out with a trigger been debated. The Judiciary Commit- he just described, and then the pro- lock, not just a nod and a shelf with a tee considered it last summer, and de- posal of the Senator from California, trigger lock on it. I am afraid that nod feated it. Well, here it is again. So, we which says, ‘‘Sell a handgun in Amer- is all we get from the Senator from will debate it yet again. ica, sell with it a trigger lock.’’ Idaho. It is not good enough. It will not Originally, the Senator from Califor- This amendment would require a par- save a life. It is, in fact, an effort by nia and I thought: No harm, no foul; we ticular safety device to be sold with some to find something for which to will take the Craig amendment and get every firearm. My colleagues who are vote. I hope they will find in their a vote on her important trigger lock considering supporting this amend- hearts enough empathy for the real ment should understand that no safety amendment. And then we took a closer problems facing America to support device is a substitute for firearm safety look. Do you know what this says? the Senator from California. This says to comply with the law in Mr. HATCH. Mr. President, I rise to training and responsible firearm han- America, a federally licensed firearm oppose this amendment offered by the dling. Relying on a trigger lock as a dealer must have available on the Senator from California, and to join panacea for firearm safety is irrespon- sible and short-sighted. premises for sale a trigger lock or safe- Senator CRAIG in offering our own ty device—available on the premises. amendment on this issue. I want to As an initial matter, there is no lock- Then it has some words, some escape- commend my colleague for raising the ing device that can be placed on a load- hatch words in there that says, ‘‘unless issue of firearms safety, but I believe ed firearm which can render it failsafe. it is tough for you to buy them.’’ If you that there is a better approach to this Most locking device manufacturers cannot get them on the market, and issue than the one size fits all, Wash- specifically advise against the use of such, then you do not have to have ington knows best proposal offered by locking devices on a loaded gun. Re- them on the premises. Do you have to the Senator from California. quiring firearm manufacturers and li- sell them with the handguns? No; you At the outset, let me say that I un- censed gun dealers to provide locking just have to have them on the prem- derstand the strongly held views of my devices may send a dangerous message ises. I have to tell you, quite frankly, colleagues. My colleagues who are of- to the American public that it is ‘‘OK’’ most of them probably have them on fering this amendment are searching to use the locking device on a loaded the premises now, but if people aren’t for easy answers and quick fixes to the firearm. In fact, tests show that a load- buying them, then there is no safety tragedies of juvenile crime and fire- ed firearm affixed with a locking de- aspect to this. We aren’t protecting arms accidents. I would tell them this: vice can still fire. Requiring manufac- anybody. there are no easy answers, and there turers to provide trigger locks with So what it boils down to is, we are are no quick fixes. In the face of dif- each firearm, therefore, takes a ‘‘one putting a requirement in the law that ficult problems, it is always tempting size fits all’’ approach to firearm safe- really does nothing. Then there is an to look for easy answers. I do not be- ty. Because of firearm design dif- interesting provision in here—and I do lieve that we should succumb to this not know why the Senator from Idaho ferences, not all firearms can be prop- temptation. erly safeguarded with a trigger lock. included it—but I might call him to We can pass another federal law add- reference page 4 of his amendment, sec- ing this gun control measure or that, Firearms safety training emphasizes tion (2). It says, incidentally, if the fed- but the problem won’t go away. Be- personal responsibility in handling a erally licensed firearm dealer does not cause, Mr. President, the problem isn’t firearm. Education and safety training live up to the requirements of this law guns, or a lack of safety devices, or the has been instrumental in lowering fire- and keep trigger locks on the premises lack of any other gun control measure. arm accidents and accidental deaths to for sale, and you find evidence of that We are faced, I believe, with a prob- its lowest point since 1904 (National and want to use it against him to re- lem which cannot be solved by the en- Safety Council, Accidental Facts, 1996). S8634 CONGRESSIONAL RECORD — SENATE July 21, 1998 In 1995 alone, accidental firearm fatali- ment authorities can train members of D’Amato Helms Murkowski Daschle Hollings Murray ties fell 7%. Due in large part to fire- the public in the safe possession, carry, DeWine Hutchinson Nickles arms education, promoted by organiza- and use of firearms. This is valuable. Domenici Hutchison Reid tions like the National Rifle Associa- Training is the best way to ensure that Dorgan Inhofe Roberts tion, the Hunter Education Associa- firearms are treated with respect, but Enzi Jeffords Roth Faircloth Johnson Santorum tion, and other volunteer groups, fire- not with fear. Firearms handling is an Feingold Kempthorne Sessions arms were involved in 1.5% of all acci- important part of the training process Ford Kerrey Shelby dental deaths nationwide. This per- for every soldier and every law enforce- Frist Kyl Smith (NH) Gorton Leahy Smith (OR) centage is lower than deaths due to ment officer, and it can be a valuable Graham Lieberman Snowe motor vehicle accidents (47%), falling tool for private citizens. After all, Gramm Lott Specter (13.5%), poisoning (11.4%), fire 4.4%), about 34 States—including my home Grams Lugar Stevens and choking (3%) (National Safety state of Utah—now empower citizens to Grassley Mack Thomas Gregg McCain Thompson Council, National Center for Health carry concealed firearms for protec- Hagel McConnell Thurmond Statistics). tion. Allowing Byrne grant funds to be Hatch Moseley-Braun Warner Additionally, different circumstances used by state and local law enforce- NAYS—28 dictate how an individual stores his ment agencies to train the public in Akaka Glenn Moynihan firearm. While some people may choose the safe handling of firearms will make Biden Harkin Reed to lock their firearms in a safe, some- a positive contribution to safety and to Boxer Inouye Robb one else may choose to keep their fire- crime prevention. Bumpers Kennedy Rockefeller arm readily accessible for self-protec- Byrd Kerry Sarbanes Taken together, all of these provi- Chafee Kohl Torricelli tion. Thus, locking devices may or may sions deal with the issue of firearms Cleland Landrieu Wellstone not be compatible with a person’s life- safety in a far better manner than the Dodd Lautenberg Wyden style and reason for owning a firearm. amendment offered by my colleague. Durbin Levin Feinstein Mikulski Mr. President, safety locks are al- Moreover, this is the provision adopted ready widely available, as are a wide by the Judiciary Committee last year, The amendment (No. 3238) was agreed range of other firearms safety devices. during the mark-up of S. 10, the Juve- to. Industry is already making strides in nile crime bill. I urge my colleagues to The PRESIDING OFFICER (Mr. offering these devices for sale. We do agree with the considered judgment of HAGEL). The Senator from New Hamp- not need yet another federal mandate the Judiciary Committee, and support shire. imposing a one size fits all safety ‘‘so- my alternative to this amendment. Mr. GREGG. Mr. President, I ask lution’’ on America’s law abiding gun Mrs. BOXER. Mr. President, it is unanimous consent that following the owners. very hard for me to vote for something next vote, the Senate resume consider- Instead, I offer my colleagues an al- that has so many loopholes in it. ation of the Smith amendment No. ternative. My proposal will do far more Maybe during the time in the well the 3234, and there be 20 minutes equally to promote true firearms safety, and it Senator from Idaho can convince me of divided, with the vote occurring on or is far more respectful of the common this, but basically you can’t use evi- in relation to the amendment at 6 sense of the American people, than my dence as evidence. That is what the o’clock this evening. friend’s proposal. My amendment does words say. Here it is: Mr. HOLLINGS. Mr. President, I three things. First, it expands the defi- have no objection, with the under- Notwithstanding any other provision of standing that 10 minutes on this side nition of safety devices to include not law, evidence regarding compliance or non- only devices that render a firearm tem- compliance with the amendments made by be reserved for the distinguished Sen- porarily unusable, but also temporarily this section shall not be admissible as evi- ator from Illinois, Mr. DURBIN. I have inaccessible. As a result, my second de- dence. no objection. gree amendment includes safety de- So you can’t use evidence as evi- The PRESIDING OFFICER. Is there vices, such as safes and lock boxes, dence. I don’t know—this is confusing. objection? Without objection, it is so ordered. that do not disable a firearm, but make I just say to my friends and col- it at least temporarily inaccessible to leagues, there is only one reason we AMENDMENT NO. 3230 a person. have taken so much time on this. I was Mr. CRAIG. Mr. President, I move to Second, my amendment requires that wondering what was going on here, be- table the Boxer amendment and ask for vendors have safety devices available cause I came to the floor very early the yeas and nays. for sale, but it does not require that a this morning and said let’s vote up or The PRESIDING OFFICER. Is there a vendor sell a safety device along with down to require that child safety locks sufficient second? every firearm. Having them available be put on handguns, because 5,000 kids There is a sufficient second. for sale will help to ensure that pur- are dying in America in a year and no The yeas and nays were ordered. chasers will obtain, and thereafter will kids are dying in Japan of gunshots. As The PRESIDING OFFICER. There use, a safety device, without nec- you look at this chart, you can see are 2 minutes evenly divided. essarily increasing the cost of the pur- that. Who yields time? Mrs. BOXER addressed the Chair. chase. The Administration’s provision This is a figleaf, a cover. I don’t The PRESIDING OFFICER. The Sen- embodied in my colleague’s proposal think it does anything. People can vote ator from California. would increase the cost of purchasing a the way they want. The next vote is Mrs. BOXER. Mr. President, col- firearm, which is unnecessary. Some the key vote. safety devices, such as a safe or lock leagues, please vote for this regardless The PRESIDING OFFICER. All time box, can hold more than one firearm, of how you voted before. Too many has expired. Under the previous order, so there is no need to require that a children are dying in America because the question is on agreeing to the Craig person buy a new safety device if buy- we are not—— amendment. The yeas and nays have ing a second firearm. The PRESIDING OFFICER. Will the been ordered. Third, my amendment helps to en- Senator please suspend for a moment. sure that this new requirement is en- The clerk will call the roll. The Senate will be in order. tirely tort neutral. The amendment The legislative clerk called the roll. The Senator from California is recog- provides that it does not establish a The result was announced—yeas 72, nized. standard of care, and it further states nays 28, as follows: Mrs. BOXER. We are not acting to that evidence regarding compliance or [Rollcall Vote No. 215 Leg.] make sure that there are these safety noncompliance with this requirement YEAS—72 locks placed for children, specifically is inadmissible in court. The amend- Abraham Bond Coats to stop their deaths from handguns ment therefore does not help or hurt a Allard Breaux Cochran sold in America. plaintiff or a defendant. Ashcroft Brownback Collins Look at these numbers. Look at this Baucus Bryan Conrad Finally, my amendment helps to en- Bennett Burns Coverdell collage of headlines. How many more sure that state and local law enforce- Bingaman Campbell Craig deaths do we need to see before we act? July 21, 1998 CONGRESSIONAL RECORD — SENATE S8635 I yield the remainder of my time to Hutchison McConnell Smith (NH) by year. They are so often that they Inhofe Murkowski Smith (OR) Senator BIDEN. Jeffords Nickles Snowe are all one big glob of votes. Mr. BIDEN. Mr. President, let’s stop Kempthorne Reid Specter Frankly, the Senator from New Mex- being hypocritical. We just passed an Kyl Robb Stevens ico had made a mistake this year, be- amendment saying safety is important; Leahy Roberts Thomas cause there is a bill at the desk saying Lott Roth Thompson the NRA is eligible for Federal funds to Lugar Santorum Thurmond we ought to do this every 2 years. We teach safety. If the ultimate safety of Mack Sessions would get our job done better and we children is what we are concerned McCain Shelby would have oversight time and the Sen- about, why are we so upset about the NAYS—39 ate would be a better place to work in idea that trigger locks will be placed Akaka Feinstein Levin and could do its business better. I on guns? How can you vote, as I will Biden Ford Lieberman should have started 4 months ago in- and have, to give the NRA eligibility to Bingaman Glenn Mikulski sisting that that bill for 2-year budgets Boxer Graham Moseley-Braun teach gun safety, which I want them to Bumpers Harkin Moynihan and 2-year appropriations be voted on do, and say that is important, but it is Byrd Inouye Murray by the U.S. Senate. not important to take the one step we Chafee Johnson Reed But I can tell the Senate, it will be can that will at least incrementally in- Cleland Kennedy Rockefeller voted on the next opportunity when Daschle Kerrey Sarbanes crease safety of children in the United DeWine Kerry Torricelli our leader has some time, and it may States of America? Dodd Kohl Warner be early next year. We are going to get Please vote no on the motion to Durbin Landrieu Wellstone that bill out of committee, and we are Feingold Lautenberg Wyden table. going to vote on this issue of whether The PRESIDING OFFICER. The Sen- The motion to lay on the table the amend- we have to do this every single year. ator’s time has expired. The Senator ment (No. 3230) was agreed to. Frankly, we now have evidence that from Idaho. Mr. GREGG. I move to reconsider the these bills are 90 to 95 percent similar Mr. CRAIG. Mr. President, 72 of you vote. one year over another. I know chair- have just said that gun safety is impor- Mr. CRAIG. I move to lay that mo- men feel they have made dramatic tant, and that we ought to educate, and tion on the table. changes year over year; and, yes, they we ought to use Byrne funds to do so— The motion to lay on the table was may have. They also passed the appro- local law enforcement, State law en- agreed to. priated money for bills that have not forcement, and private entities that The PRESIDING OFFICER. Under been authorized, and they know that. teach licensed gun safety. the previous order, there will now be 20 And their response is, ‘‘Nobody’s doing minutes of debate divided evenly on We have also said that gun dealers it, so we have to do it.’’ Well, nobody is amendment No. 3234. ought to have safety devices available. doing it because there is no time for Who seeks recognition? Who yields But we have also said there is a States anybody to do it. time? rights issue here. Thirty-four States Mr. President, I believe many Sen- Mr. DOMENICI addressed the Chair. now have consent to carry. Safety is an ators agree with this. I have talked to The PRESIDING OFFICER. The Sen- issue. And guess what. Accidental them at length on it. Frankly, we are ator from New Mexico. deaths are declining, and they are de- going to decide in the Senate pretty Mr. DOMENICI. Is there an order es- clining because of education, not be- soon whether we are going to keep on tablished at this point? cause of Federal mandates. Even manu- doing this. I am not sure we will win, The PRESIDING OFFICER. There is facturers say you put a trigger lock on but surely we are going to present this a time limit. Time is controlled by the a loaded gun and it is dangerous. issue. Senator from New Hampshire. Trigger locks I agree with. They are I thank the Chair and yield the floor. Mr. HOLLINGS. And the Senator for empty guns. They are for stored f from Illinois. guns. They are not called child locks, The PRESIDING OFFICER. And the DEPARTMENT OF COMMERCE, JUS- they are called safety locks. We believe Senator from Illinois. TICE, AND STATE, THE JUDICI- in that. But why should it be a Federal Mr. DOMENICI. I ask unanimous ARY, AND RELATED AGENCIES mandate? It should not be. consent that I be permitted to speak APPROPRIATIONS ACT, 1999 The vote you just cast is the right for 2 minutes as in morning business. The Senate continued with the con- vote. It mandates certain requirements The PRESIDING OFFICER. Without sideration of the bill. at the local level be provided, and it al- objection, it is so ordered. Mr. DURBIN addressed the Chair. lows education, and, more importantly, f The PRESIDING OFFICER. The Sen- it says train and educate, don’t control ator from Illinois. from the Federal level. Do the right APPROPRIATIONS BILLS AMENDMENT NO. 3234 thing. Vote to table. You have cast a Mr. DOMENICI. Mr. President, the Mr. DURBIN. Could I have a clari- sound vote; 72 Senators have said that last couple of weeks we have all been fication? I want to make sure the Sen- the right action was the action you on the floor trying to get appropria- ator from New Hampshire and I have have just taken. tions bills completed. I would just like an understanding about the pending The PRESIDING OFFICER. The Sen- to submit to the U.S. Senate that we amendment. It is my understanding—I ator’s time has expired. ought not be doing this every year. hope the Senator from New Hampshire The question is on agreeing to the Don’t we have enough knowledge and would follow me in this—that we have motion to table. The yeas and nays wisdom and information to appropriate some 20 minutes left in debate, equally have been ordered. The clerk will call every 2 years instead of every year? divided between the Senator from New the roll. Don’t we have enough information Hampshire and myself, at which point The bill clerk called the roll. about budgets and estimating that we at the end of that debate there will be The result was announced—yeas 61, could do a budget that lasted for 2 a vote. Is that the Chair’s understand- nays 39, as follows: years and make automatic economic ing? [Rollcall Vote No. 216 Leg.] adjustments? Of course we do. The PRESIDING OFFICER. The Sen- YEAS—61 Mr. President, if the authorizing ator is correct. Abraham Coats Frist committees are wondering why they do Mr. DURBIN. I thank the Chair and Allard Cochran Gorton not have a chance to do things around ask the Senator from New Hamp- Ashcroft Collins Gramm here, this is one reason. Because we shire—— Baucus Conrad Grams Bennett Coverdell Grassley hardly have enough time to do the ap- Mr. GREGG. Will the Senator yield? Bond Craig Gregg propriations bills. Because they are up Mr. DURBIN. Yes. Breaux D’Amato Hagel every year as if we were in constant Mr. GREGG. I understand the vote is Brownback Domenici Hatch motion. In fact, I defy even Senators to occur at 6 o’clock. Bryan Dorgan Helms Burns Enzi Hollings with the best recollection to recall one The PRESIDING OFFICER. That was Campbell Faircloth Hutchinson appropriations bill from another year the order, but Senator DOMENICI took 2 S8636 CONGRESSIONAL RECORD — SENATE July 21, 1998 minutes as in morning business which Well, can they absorb a $50 to $75 mil- I don’t understand why, if we are will push back the vote. lion hit? I think we can all answer that going to say on a background check for Mr. SMITH of New Hampshire. Mr. question, because we all come to this an employee—where the employee is President, I would be willing to have floor and come up with wonderful ideas seeking a job but is required by that the 2 minutes that Senator DOMENICI for the FBI to get involved. We want agency to have a background check to used come off of my 10 minutes in order the FBI to fight terrorism. Of course prove, in effect, they are not a child to keep the vote at 6 o’clock. I ask we do. We want to make sure that they predator or do not have any sex crime unanimous consent to do that. are fighting it around the world and history—why it is appropriate to The PRESIDING OFFICER. Is there protecting people across the United charge the prospective employee and it objection? States. And so we say, ‘‘We’re assign- is not appropriate to charge a person Without objection, it is so ordered. ing that responsibility to you.’’ The purchasing a gun. There is nothing ex- Who yields time? Senator from New Hampshire says, ceptional about this. Mr. DURBIN. Mr. President, thank ‘‘Yes, we give you the responsibility. My question to my friend is, Isn’t you. I will take a portion of the 10 min- We’re not going to give you the money this all about reneging on a commit- utes to start with and then allow my ment everyone said they are for, which colleague from New Hampshire to state you need to do the job.’’ We also say we want the FBI to go was to have an instant background his side of the case on behalf of this after some serious issues. Let me give check, so there is no 7-day, 5-day or 1- amendment. Let me try to explain where we are in you an example—crimes against chil- day waiting period, so every single gun terms of what this amendment is dren, to enhance the FBI’s capabilities seller in America, when they go to sell doing. We are trying to set up a com- to combat child abductions, and serial you a gun, can push a button, tap into puter check across the United States, killings. This is the responsibility we a computer, and have the computer say so if you purchase a firearm, there is a give to the FBI. The Senator from New you can or cannot sell it? It seems to way for States or the Federal Govern- Hampshire says: It is a great respon- me this is about doing away with the ment to check and see whether you sibility, but take the money away from instant check. have a history of having committed a them—$50 to $75 million less each year. Mr. DURBIN. The Senator from Dela- felony or a history of mental illness, How about narcotics? Is there a more ware is correct. The instant check sys- and in that situation States are saying, serious criminal problem in America? tem was proposed by the National Rifle ‘‘Of course we do not want to sell a gun What is filling our prisons? What is Association as a way of avoiding the to you.’’ And that is the basic Brady tempting our children? What is leading Brady law. They said, ‘‘We will do this law. to the kinds of degradation in lifestyle by computer; we will punch it in.’’ Most people support it because it is that we see around this country, but The fellow who is selling the gun, the eminently sensible that we want to basically the war on drugs, the war on dealer, will punch in the information keep guns out of the hands of people narcotics? and find out if you are a dangerous per- who are likely to misuse them. I think So the Senator from New Hampshire son; if not, they can sell it to you. everybody supports that. The NRA and says: Let us take some money away Now they have decided they want the the people on the other side of the from that, too, because we want people computer check but they don’t want to issue even support it. who apply for a gun not to have to pay pay for it, they want the taxpayers to The Senator from New Hampshire for it. We want the Treasury to pay for pay for it, and take the money out of comes before us, though, with a very it. We want the FBI to take this money the FBI. interesting proposition. The Federal from other sources. I do not think that I reserve the remainder of my time. Bureau of Investigation does these is fair. The PRESIDING OFFICER. The Sen- background checks by computer. They I do not think it is fair for an agency ator from New Hampshire. have said that, ‘‘When we do these with this sort of responsibility. And I Mr. SMITH of New Hampshire. Mr. background checks, we will charge the do not think it is fair for those who President, I yield 2 minutes to the dis- prospective gun purchaser, the one who want to purchase a gun to say, ‘‘We tinguished Senator from Alabama. wants to buy the gun, for our cost in want a free ride.’’ For goodness’ sakes, Mr. SESSIONS. Mr. President, there doing the background check.’’ And of it is their decision to purchase a gun. has been a lot of talk recently about course that sounds reasonable to me. They are going forward in the system more and more gun laws, more and If I want to purchase a gun, and I to purchase it. Shouldn’t they pay more complicated and esoteric, having want to have a background check to their own freight? less and less ability to protect the safe- qualify me for a gun, it is not unrea- Would you think twice about buying ty of the American people. sonable for me to expect to pay for a car and trying to get a license and Let me tell you we have some out- what it costs for that to happen. Why say, ‘‘I just decided to buy a car, but as standing, effective gun laws on the should this be the burden of every tax- far as the cost of the license for my books now that allow people who are payer in America, those who do not car, why should I have to pay for that? felons to be prosecuted for possessing a own guns and those who are not pur- Taxpayers ought to pay for that. I just gun, that allow the prosecution of peo- chasing guns? It really is a decision want to drive the car’’? That is what ple who carry a gun during a felony to that I want to buy a gun; and, there- the Senator from New Hampshire is ar- receive 5 years without parole, con- fore, I am going into the system to guing. secutive to any other offense. prove that I am eligible to own a gun. Mr. BIDEN. Will the Senator yield? Look at what this administration The Senator from New Hampshire Mr. DURBIN. I will be happy to. that is always talking about gun pros- says: Wait a minute. Why do we want Mr. BIDEN. Isn’t it true that there ecutions has done. In 1992, when they to charge the prospective gun pur- are a number of background checks. took office, there were 7,048 chaser for this background check? Years ago I drafted a law which became ‘‘triggerlock prosecutions’’ of serious Shouldn’t the Treasury pay for that? law that requires certain background gun offenders in this country; now, Shouldn’t all the taxpayers pay for checks, for example, for people who 1997, 3,765. It has plummeted that per- these people who want to buy guns? wish to work in day-care centers with cent. I do not think so. And the practical young children, to try to figure out and What they need to do is enforce the result of the amendment of the Senator ferret out child predators. laws they have and quit worrying from New Hampshire is to take from Now, the way it works now is if, in about passing laws that are not very the Federal Bureau of Investigation fact, you are going to be hired at a relevant and not going to have any im- the amount of money they would have boys’ club, a girls’ club or a day care pact on crime in America. I think the collected to do these background center, and they—the day care center— American people need to understand checks. And you know what that say they want a background check, and that. means? It means basically the Federal you have to go through the FBI, the I yield back the remainder of my Bureau of Investigation will have any- FBI now charges the person seeking time. where from $50 to $75 million less in employment the cost to run the back- Mr. SMITH of New Hampshire. I yield their appropriation to do their job. ground check. 1 minute to the Senator from Idaho. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8637 The PRESIDING OFFICER. The Sen- shouldn’t get the gun. But that is not Idaho says they should have enough ator from Idaho. the people about whom we are talking. money to absorb this $50 to $75 million Mr. CRAIG. Mr. President, I thank Third, if the Government, in viola- loss. I think they are wrong. my colleague for yielding. tion of the law, holds these files, you I think those who are for law and Let’s talk money. The program has have the right to pursue this matter in order and for law enforcement have to been fully funded. Some $37.5 million in court, which is the proper procedure. vote against this amendment offered the last 4 years has been provided. The I simply ask my colleagues, Why by the Senator from New Hampshire. FBI budget has been almost tripled in would you keep a file in the FBI on an Let those who want to purchase a gun the last 10 years. innocent person who did nothing ex- and exercise their right, exercise their Let me talk about Janet Reno. Here cept own a gun, which is his constitu- responsibility to pay for this check, to is what Attorney General Janet Reno tional right to do so? That is what this make certain that those people who said, on May 26, 1994: She does not in- amendment is about. If you want those worry about gun violence have less to tend to charge for such access, pro- files maintained, then you would vote worry about. vided that there is sufficient appropria- against this amendment. This is Big I hope my colleagues will join me in tions. Brother at its worst. It is Big Brother opposing this amendment from the Guess what? We have given them at its worst. Senator from New Hampshire. every dime they requested and many, It is coming in and taking privacy— The PRESIDING OFFICER. The Sen- many millions more. Sorry, Janet your privacy; you have the right not to ator from New Hampshire has 1 minute Reno. Why don’t you stay with your have that file in the FBI, and they 22 seconds. word? That is what you told us. That is don’t have the right to put it there, be- Mr. SMITH of New Hampshire. I re- what we believed when we passed the cause you did nothing wrong. That is spond to my friend by repeating what Brady bill. what this amendment is about. Senator CRAIG said a moment ago. What is this? This is a gun tax. Let’s Secondly, it is about a tax. If you There is $100 million in the law to do talk about it for what it is. The FBI want to charge these fees, so be it. But this, so we don’t need to be charging asked for money and we gave them then you can vote against my amend- additional fees. That is No. 1. money. In fact, we tripled their budget ment. No. 2, it is interesting how we pick in the last 10 years. Why? Because we I yield the floor. out certain constitutional rights and are interested in law enforcement. We Mr. DURBIN. How much time do I say we are going to tax them and not want criminals caught. Most impor- have remaining? others. Maybe we should tax everybody tantly, we want criminals prosecuted. The PRESIDING OFFICER. Two for having free speech. Or maybe we We do not want law-abiding citizens minutes 45 seconds. should tax everybody for reading the taxed. Mr. DURBIN. If I understand the ar- newspaper. Maybe we should tax every- Mr. SMITH of New Hampshire. How gument of the Senator from New body for going to church. much time remains on this side? Hampshire, because we have a con- It doesn’t make sense. It is our con- The PRESIDING OFFICER. The Sen- stitutional right to bear arms, all of stitutional right. ator has 4 minutes 14 seconds. the Federal taxpayers have to subsidize Let me repeat, again. No. 1, this Mr. SMITH of New Hampshire. Mr. that right. amendment prevents the FBI from President, let me explain this amend- I suppose since we have a constitu- keeping files on innocent people who ment. I have heard some very interest- tional right to exercise our religious simply had a background check done ing remarks on the other side about belief, then it is the responsibility of on them who did nothing wrong and Brady and registration. That is not taxpayers to pay for my priest or min- were perfectly entitled to own a gun. what my amendment is—very eloquent, ister. I don’t think so. I don’t think so. Secondly, the amendment prevents but that is not what my amendment is. In this situation, the American peo- the FBI from imposing a tax on these My amendment does three things. ple are coming forward and saying, people. Thirdly, it allows a person to First, it prevents the FBI from keeping ‘‘We want to exercise our right to own go to court if the FBI does that. We a file on a law-abiding citizen who, a gun.’’ We are saying, ‘‘Fine, so long have seen abuses by the FBI. We have after he had the gun checked, came up as you don’t misuse it and you are not seen files held in the White House. Do fine, clear. Why would we want the FBI a person with a background where you you want this to go on? That is what to maintain a file on a law-abiding gun are likely to misuse it.’’ And if you are this issue is about. That is what my owner who did nothing wrong except going to submit yourself to this back- amendment is about. I hope my col- exercise his constitutional right to own ground check, be prepared to pay for it. leagues will support me on this amend- a gun? They want 18 months to keep The Senator from Delaware makes a ment because this is more than a gun these files. I don’t want 18 seconds. I good point. If we are going to hire peo- issue—this is a privacy issue. want these files destroyed imme- ple to work in nursing homes and child I yield the remainder of my time. diately. That is point one in my care facilities that need background The PRESIDING OFFICER (Mr. amendment. checks—and that is not a bad idea— BROWNBACK). The Senator from Illinois Second, my amendment prevents the why shouldn’t they, as a condition of has 30 seconds. FBI from imposing a tax on people who employment, pay for the background Mr. DURBIN. Mr. President, the $100 use this national instant criminal check? Why should this be the respon- million we have invested is for the background check system because they sibility of every taxpayer? hardware for the computers. It now want simply to exercise their right to The Senator from New Hampshire costs $13 to $16 every time they do a own a gun. That is the second point. wants to say to the prospective gun background check. I think the people Why should they be taxed for that? owners they have the right to come to should pay for it. The Senator from Why should they pay this fee? It could the Government and say, ‘‘I want it for New Hampshire would take the money be up to $20 to $25 just to do this— nothing.’’ When you get it for nothing, out of FBI for other law enforcement. I maybe more. That is to start. There is someone will pay for it. In this situa- think the FBI needs these funds to do no reason why anybody should pay a tion, the FBI pays for it. important tasks. I hope the Senator fee. You are an individual who has a Do you know why the FBI appropria- will agree that the FBI is an agency constitutional right to own a gun. tion has gone up, as the Senator from that we need to be strong in the United Somebody in the Government decides Idaho has said? Because we keep giving States. Taking $50 million to $75 mil- that they want to check you out, fine. them more responsibilities—do finger- lion away from them is not going to You check out clear. Why should you print checks on anybody who wants to make them a stronger agency or make have to pay for that? You didn’t ask for be a new citizen in the United States; Americans any safer at home. it; it is your right. The person who is a get serious about dealing with drugs The PRESIDING OFFICER. All time criminal or a person who is not enti- across borders, make certain that you has expired. tled to have that gun because of some- have the wherewithal to do it; fight The question is on agreeing to thing they did, fine, they can pay for terrorism. We tell them to do all of amendment No. 3234 offered by the Sen- it, and they should pay for it and they these things and now the Senator from ator from New Hampshire, Mr. SMITH. S8638 CONGRESSIONAL RECORD — SENATE July 21, 1998 The yeas and nays have been ordered. We on the majority side of the aisle health care bill. I have not forgotten The clerk will call the roll. have spent tremendous amounts of that the President was not only in The legislative clerk called the roll. time putting together our proposal to favor of the Government taking over The PRESIDING OFFICER. Are there strengthen patients’ rights to empower and running the health care system 5 any other Senators in the Chamber de- consumers—— years ago; within the past year he has siring to vote? Mr. BYRD. Mr. President, may we said that he had not changed his objec- The result was announced—yeas 69, have order in the Senate? tive in having a Government-run sys- nays 31, as follows: The PRESIDING OFFICER. The Sen- tem but that he was now simply trying [Rollcall Vote No. 217 Leg.] ator is correct. The Senator from to implement it piece by piece. YEAS—69 Texas deserves to be heard. Will Mem- Here is the problem this late in the Abraham Enzi Lugar bers please take their conversations off legislative session of getting into end- Allard Faircloth Mack the floor? less amendments on the two bills: Not Ashcroft Feingold McCain Mr. GRAMM. I thank the Senator only do we not have time to do it, but Baucus Frist McConnell from West Virginia, and I thank the Bennett Gorton Murkowski we have a very unequal situation. Let Bingaman Gramm Murray Chair. me explain, and I will try to do it brief- Bond Grams Nickles Mr. President, on this side of the ly so we can get on with this bill. Breaux Grassley Reid aisle, we have spent a tremendous I am not interested, and I don’t be- Brownback Gregg Roberts Burns Hagel Rockefeller amount of time, individual Members’ lieve anyone on our side of the aisle is Campbell Hatch Roth time—not just the time of our staffs— interested, in amending the Kennedy Chafee Helms Santorum in putting together our bill to promote bill. I believe that we have a better Coats Hollings Sessions patients’ rights, to get the gatekeepers bill. I think he ought to write the best Cochran Hutchinson Shelby Collins Hutchison Smith (NH) of Health Maintenance Organizations bill he can, we will write the best bill Conrad Inhofe Smith (OR) out of the examining rooms where med- we can, and then, with the limited time Coverdell Jeffords Snowe ical care is being provided in America. we have, give people a choice. But Craig Johnson Specter We now have a situation where we D’Amato Kempthorne Stevens there is an additional problem here, Daschle Kerrey Thomas have Senator Kennedy’s proposal, and the problem is the unequal situa- DeWine Kyl Thompson which is strongly supported by our tion we are in. Domenici Leahy Thurmond Democratic colleagues, and we have I desperately do not want to do any- Dorgan Lott Warner our proposal, which is strongly sup- thing to destroy the private practice of NAYS—31 ported by our Republican colleagues. medicine in America. I don’t believe Akaka Glenn Mikulski What we have sought to do since we that a Government-run system is the Biden Graham Moseley-Braun have a limited number of legislative best system. In offering amendments Boxer Harkin Moynihan Bryan Inouye Reed days—we have many appropriations and writing our bill, we are constrained Bumpers Kennedy Robb bills to pass—is to try to reach an in that we don’t want to do anything Byrd Kerry Sarbanes agreement where we would allow some- that is going to drive up costs, cost Cleland Kohl Torricelli thing that majorities normally do not Dodd Landrieu Wellstone millions of American families their Durbin Lautenberg Wyden do under the Senate rules, and that is health insurance, and ultimately force Feinstein Levin to allow the minority to have an up-or- people into a Government-run HMO. Ford Lieberman down vote on their so-called Patients’ It appears that many of our col- The amendment (No. 3234) was agreed Bill of Rights. Then, if they are unsuc- leagues, including the author of the to. cessful, to have an up-or-down vote on Democratic alternative, support a Gov- Mr. SMITH of New Hampshire. Mr. our bill, and if we are successful, that ernment-run HMO, support a Govern- President, I move to reconsider the would be the bill. ment takeover, so that while we are vote. We now find that our colleagues say, constrained in amendments that we Mr. CRAIG. I move to lay that mo- ‘‘No; we want 20 amendments,’’ or, ‘‘We can offer by our desire to be certain tion on the table. want 10 amendments.’’ I wanted to ex- that we don’t end up killing off private The motion to lay on the table was plain to my colleagues why I am going medicine, many on the other side of agreed to. to object to any unanimous consent re- the aisle seem to believe that private AMENDMENT NO. 3233, AS AMENDED quest that does not allow us to simply medicine should be killed off so that Mr. SMITH of New Hampshire. Mr. have the two choices. It is unusual in we can have a system that they sin- President, I ask unanimous consent the sense that someone would object to cerely believe will work better, and that the yeas and nays be vitiated on narrowing down amendments, so I that is a system where the Government the underlying amendment. would like to explain my concern. would run health care in America. The PRESIDING OFFICER. Without First of all, I don’t think it is unrea- The best analogy, interestingly objection, it is so ordered. sonable, given our legislative schedule, enough, is biblical. Some of my col- THE PRESIDING OFFICER. If there to say to those who have a health care leagues will remember the story in the be no further debate, the question is on bill that we are going to give them an Bible about the two women who had in- agreeing to the amendment. up-or-down vote on their bill. I don’t fants. While they slept, one infant died, The amendment (No. 3233), as amend- think that is unreasonable. Obviously, and the lady whose child had died got ed, was agreed to. a unanimous consent request alters the up and took the dead baby and put the The PRESIDING OFFICER. The Sen- basic procedures of the Senate, and any dead baby by the mother of the living ator from Texas. Senator has the right to object to baby and took the living baby herself. f doing that. When the mother woke up and saw the Secondly, I am not interested in dead child, she realized it was not her THE HEALTH CARE DEBATE amending Senator Kennedy’s bill. I child. Mr. GRAMM. Mr. President, while we don’t want to try to change his bill. I To make a long biblical story short, are waiting for someone to come over want him to write the best bill he can the women appeared before King Solo- with an amendment, I want to say write to try to improve our health care mon. Solomon, being wise, asked that a something about health care and about system and enhance the rights of sword be brought. He suggested that the health care debate. As long as I health care consumers, and I don’t since there was no way that anybody have been in the Senate, the minority have any interest in amending his bill. other than the two mothers would party has always sought to have the Now, let me tell you why I don’t have know whose child was really alive, that opportunity to have an up-or-down any interest in Senator KENNEDY and he would take the sword and divide the vote on their alternatives. Senator others amending our bill. I have not child. When he proposed that this be KENNEDY has now for months de- forgotten that the Senator from Massa- done, the real mother, of course, as all manded that he have an opportunity to chusetts and many of the supporters of of us remember from our schooldays offer his proposal to remake the Amer- the Kennedy bill 5 years ago were for a and reading the story in the Bible, the ican health care system. Government-run HMO, the Clinton real mother said, ‘‘No; give her the July 21, 1998 CONGRESSIONAL RECORD — SENATE S8639 child.’’ The woman who was not the up-or-down vote on the two alter- Mr. HATCH addressed the Chair. real mother said, ‘‘No; divide the natives. Those who want a bill, I do not The PRESIDING OFFICER. Does the child.’’ Solomon, of course, then knew see how they could view that as being Senator from New Hampshire yield the who the real mother was, gave her the an unfair proposal. It is a proposal that floor? child, and the people were awed by his 6 months ago I would think that the Mr. GREGG. I yield the floor. wisdom. minority would have jumped at. Mr. HATCH. Will the Senator yield 30 Here is our problem. We are debating Today, they want the ability to have seconds to me? over a child on the health care bill, and 20 amendments. They do not want to Mr. GRAMM addressed the Chair. the child is the private practice of set a calendar time limit. That process The PRESIDING OFFICER. The Sen- medicine in America. The child is a could go on and on and on. I do not ator from Texas. viable system run in the private sector have any desire to amend their bill. We Mr. GRAMM. I will be 20 seconds. If by doctors and nurses and hospitals want an opportunity to vote on ours. the Senator has support, if he has a that are not run by the Government, Let the Senate choose. I think it would good bill, let us bring it before the Sen- but we are in an unequal debate be- be the right way to go about it, and the ate and vote on it. cause many on the other side seem to only way we can be successful in the Mr. FORD. In my strategy and not want that system to die so that we can end. yours. have a Government-run system. I yield the floor. Mr. GRAMM. If we are going to have Under those circumstances, to simply Several Senators addressed the a unanimous consent request, we have have endless amendments would not Chair. to have the agreement of the Members. serve any purpose, given not only the The PRESIDING OFFICER. The Sen- And I am not going to agree to that limited amount of time we have, but ator from New Hampshire. particular process. also because, more importantly, it puts Mr. GREGG. Mr. President, we are I yield the floor. us at a disadvantage because we have going to have a lot of time to debate Mr. MCCAINN addressed the Chair. no interest in offering amendments health care. I suspect the Senator from The PRESIDING OFFICER. The Sen- that would drive up cost, kill off pri- Kentucky may want to respond to the ator from Arizona. vate health insurance, and leave people Senator. f uninsured, whereas those who really Mr. FORD. Thirty seconds. DEPARTMENTS OF COMMERCE, believe that you first have to prove The Senator from Texas said time JUSTICE, AND STATE, THE JUDI- that the private health care sector can- and time again that we were destroy- CIARY, AND RELATED AGENCIES not work and therefore you must have ing the medical system. With the AMA APPROPRIATIONS ACT, 1999 a Government-run system would view and 170 medical organizations in this such an amendment exercise poten- country for our particular bill, I do not The Senate continued with the con- tially as a step toward improving the believe there is any indication that we sideration of the bill. health care system. are trying to destroy the medical pro- Mr. MCCAIN. Mr. President, I cer- I simply state to my colleagues while fession in this country. tainly was entertained by the ex- this negotiating is going on, I will cer- Several Senators addressed the change. And I know that the Senator tainly support, and do support, a unan- Chair. from Utah is going to speak right after imous consent request where Senator Mr. GREGG. Reclaiming my time. me. I hope he will have some biblical KENNEDY and those who support him Mr. FORD. I said 30 seconds. stories as well. The biblical lesson that write the very best proposal they can Mr. GRAMM. Will the Senator yield? I am about to propound has to do with write to strengthen patients’ rights. Mr. GREGG. Did the Senator from the fact that two well-meaning and We have written—and if we come up Kentucky get his 30 seconds? well-intentioned Americans can join with better ideas, we will incorporate The PRESIDING OFFICER. The Sen- together and resolve our problems and them—the best bill we can write that ator from Kentucky used 18 seconds. differences. we believe achieves those objectives. Mr. GRAMM. Will the Senator Mr. President, earlier today an Let’s give Senator KENNEDY and those yield—— amendment of mine was accepted that who support him an up-or-down, free- Mr. GREGG. I would like to move on unintentionally the Senator from standing vote, unamended, to put be- with the bill, to be quite honest with Utah, the distinguished chairman of fore the Senate his best proposal, and you. I will yield the floor, but I hope the Judiciary Committee, was unaware let us vote yea or nay. Then give us an we can move to the completion of this of. After vigorous discussion, the Sen- opportunity to put our bill—our best bill. ator from Utah and I have agreed, proposal—in front of the Senate and The Senator from Arizona has been along with the Senator from Vermont, vote yea or nay. waiting, along with the Senator from the ranking member of the Judiciary But I am not interested in allowing Utah, to get an amendment completed Committee, that we would modify that amendments where one side of the de- that we worked on for a few hours here. amendment and that basically what bate can view it as positive to kill off It would be nice if we could wrap that this means is that the cable rates the private sector of medicine in Amer- up. Then, if you want to come back to would be held in moratorium until ica and whereas those of us who believe the health care debate, that is great. March 31, 1999. that its survival is critical to quality I ask unanimous consent that the Mr. President, this is a serious issue. medicine in America would be forever next Member to be recognized be the The chairman of the Judiciary Com- disadvantaged in that debate. Senator from Arizona. mittee and I also know that it is seri- So I want to call on those who have The PRESIDING OFFICER. Is there ous, and we intend to work together for 6 months said to us: ‘‘The No. 1 objection? and get this issue resolved so that issue in the country is patients’ rights. Mr. GRAMM. I object and suggest the there is meaningful competition to the Give us an opportunity to vote on our absence of a quorum. rising cable rates in America which bill.’’ I want to call on them to bring The PRESIDING OFFICER. Is there have gone up 9 percent last year and 8 their bill to the floor of the Senate and objection to the request? percent again this year. let us vote on it. Let us vote up or Mr. HATCH. Could I ask the distin- I think we reached an agreement down. We will not amend Senator KEN- guished Senator from Texas to with- that makes both of us slightly unhappy NEDY’s bill. If he has reached legisla- hold his objection? This should not—— but I think will move this process tive perfection, at least in terms of Mr. GRAMM. Mr. President, I with- along. I look forward to working with what he thinks he can pass, then let us hold. I withhold my suggestion of the him in the weeks ahead, and hopefully vote on it. And then let us vote on our absence of a quorum. by perhaps September we can get an bill. The PRESIDING OFFICER. The Sen- agreement and move forward on this But I intend to object to any unani- ator from New Hampshire has asked for issue. mous consent request that would have unanimous consent. Is there objection? VITIATION OF VOTE—AMENDMENT NO. 3229 the effect I’ve described. I hope that Mr. GREGG. I withdraw the unani- Mr. President, before the Senator reason will prevail and we will have an mous consent request. from Utah speaks, I ask unanimous S8640 CONGRESSIONAL RECORD — SENATE July 21, 1998 consent that the vote on amendment Mr. DURBIN addressed the Chair. ‘‘(C) an official of a foreign government or No. 3229 be vitiated. The PRESIDING OFFICER. The Sen- a distinguished foreign visitor who has been The vote on amendment (No. 3229) ator from Illinois. so designated by the Department of State; or was vitiated. ‘‘(D) a foreign law enforcement officer of a AMENDMENT NO. 3240 friendly foreign government entering the AMENDMENT NO. 3229, AS MODIFIED (Purpose: To prohibit foreign nationals ad- United States on official law enforcement Mr. MCCAIN further ask unanimous mitted to the United States under a non- business. consent that a modification of the immigrant visa from possessing a firearm) ‘‘(3) WAIVER.— amendment which is at the desk be Mr. DURBIN. Mr. President, I send ‘‘(A) CONDITIONS FOR WAIVER.—Any individ- agreed to. an amendment to the desk. ual who has been admitted to the United The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The States under a nonimmigrant visa may re- objection? clerk will report. ceive a waiver from the requirements of sub- section (g)(5), if— Without objection, it is so ordered. The legislative clerk read as follows: The amendment (No. 3229), as modi- ‘‘(i) the individual submits to the Attorney The Senator from Illinois [Mr. DURBIN] fied, was agreed to as follows: General a petition that meets the require- proposes an amendment numbered 3240. ments of subparagraph (C); and At the appropriate place, insert the follow- Mr. DURBIN. I ask unanimous con- ‘‘(ii) the Attorney General approves the pe- ing: sent that reading of the amendment be tition. SEC. . MULTICHANNEL VIDEO PROGRAMMING. ‘‘(B) PETITION.—Each petition under sub- (a) Notwithstanding any other provision of dispensed with. The PRESIDING OFFICER. Without paragraph (B) shall— law, the Copyright Office is prohibited from ‘‘(i) demonstrate that the petitioner has implementing, enforcing, collecting or objection, it is so ordered. resided in the United States for a continuous awarding copyright royalty fees, and no obli- The amendment is as follows: period of not less than 180 days before the gation or liability for copyright royalty fees At the appropriate place in title I of the date on which the petition is submitted shall accrue pursuant to the decision of the bill, insert the following: under this paragraph; and Librarian of Congress on October 27, 1997, SEC. ll. FIREARMS. ‘‘(ii) include a written statement from the which established a royalty fee of $0.27 per Section 922 of title 18, United States Code, embassy or consulate of the petitioner, au- subscriber per month for the retransmission is amended— thorizing the petitioner to acquire a firearm of distant broadcast signals by satellite car- (1) in subsection (d), by striking paragraph or ammunition and certifying that the alien riers, before March 31, 1999. This shall have (5) and inserting the following: would not, absent the application of sub- no effect on the implementing, enforcing, ‘‘(5) who, being an alien— section (g)(5)(B), otherwise be prohibited collecting, or awarding copyright royalty ‘‘(A) is illegally or unlawfully in the from such acquisition under subsection (g). fees pursuant to the royalty fee structure as United States; or ‘‘(C) APPROVAL OF PETITION.—The Attorney it exists prior to October 27, 1997. ‘‘(B) except as provided in subsection General shall approve a petition submitted Mr. MCCAIN. I thank the Senator (y)(2), has been admitted to the United in accordance with this paragraph, if the At- from Utah for his continued coopera- States under a nonimmigrant visa (as that torney General determines that waiving the tion and offer my commitment to work term is defined in section 101(a)(26) of the requirements of subsection (g)(5)(B) with re- with him and his staff. Immigration and Nationality Act (8 U.S.C. spect to the petitioner— I yield the floor. 1101(a)(26)));’’; ‘‘(i) would be in the interests of justice; Mr. HATCH addressed the Chair. (2) in subsection (g), by striking paragraph and The PRESIDING OFFICER. The Sen- (5) and inserting the following: ‘‘(ii) would not jeopardize the public safe- ty.’’. ator from Utah. ‘‘(5) who, being an alien— Mr. HATCH. I thank my friend and ‘‘(A) is illegally or unlawfully in the Mr. DURBIN. Mr. President, I would United States; or like to explain this amendment. It is colleague from Arizona for being will- ‘‘(B) except as provided in subsection ing to work out this difficulty. There rather simple, straightforward. It is, (y)(2), has been admitted to the United again, on the issue of guns. I am hoping was, I think, a misunderstanding on States under a nonimmigrant visa (as that this matter. We have reached an ac- term is defined in section 101(a)(26) of the now, for the first time today, that we ceptable compromise that will encour- Immigration and Nationality Act (8 U.S.C. can find some consensus on that issue. age us to work together on these issues 1101(a)(26)));’’; And I have spoken to some of my for the benefit of all of our constitu- (3) in subsection (s)(3)(B), by striking former adversaries, and there may be a ents and the affected industries with clause (v) and inserting the following: chance. But I would like to explain ‘‘(v) is not an alien who— what this amendment does. deliberate speed. I hope that we can ‘‘(I) is illegally or unlawfully in the United work together to fashion a comprehen- Earlier today, we have said in our States; or votes on this floor—this body has sive reform of the relevant laws and ‘‘(II) subject to subsection (y)(2), has been regulations that will increase the admitted to the United States under a non- said—that when it comes to requiring range of options that television viewers immigrant visa (as that term is defined in people who purchase guns in the United will have. section 101(a)(26) of the Immigration and Na- States when they purchase a handgun The rates will be rolled back until tionality Act (8 U.S.C. 1101(a)(26)));’’; and to buy a trigger lock, we voted no, they early next year; that is, until March 31, (4) by inserting after subsection (x) the fol- should not be required to buy a trigger when we would hope and expect Con- lowing: lock. Then we said, if you are going to ‘‘(y) PROVISIONS RELATING TO ALIENS AD- gress to be able to adopt meaningful have a criminal background check MITTED UNDER NONIMMIGRANT VISAS.— when you buy a gun in this country, comprehensive reform of the issues af- ‘‘(1) DEFINITIONS.—In this subsection— fecting the satellite industries and ‘‘(A) the term ‘alien’ has the same meaning you do not have to pay for it; other their customers. as in section 101(a)(3) of the Immigration and taxpayers have to pay for it; it is free. So, again, I want to thank my col- Nationality Act (8 U.S.C. 1101(a)(3)); and Those are the two votes so far. league for being willing to vitiate the ‘‘(B) the term ‘nonimmigrant visa’ has the I hope that I am going to broach a prior vote, being willing to work out same meaning as in section 101(a)(26) of the subject here where we can find some this compromise, and I express my de- Immigration and Nationality Act (8 U.S.C. common ground on the issue of owning sire to work together with him as 1101(a)(26)). guns. Remember with me, for a mo- ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), ment, last year when there was a ter- chairman of the Judiciary Committee, (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to and I believe my colleagues on the Ju- any alien who has been lawfully admitted to rible killing at the Empire State Build- diciary Committee will as well with the United States under a nonimmigrant ing. Gun violence in America, unfortu- him, as chairman of the Commerce visa, if that alien is— nately, is not novel. We read about it Committee, and hopefully we can re- ‘‘(A) admitted to the United States for law- every day, and we see it on the news. solve the matters in the best interests ful hunting or sporting purposes; But it struck me as odd when I heard of all Americans—both individuals and ‘‘(B) an official representative of a foreign about this case because, if you will re- affected industries. And, again, I just government who is— member—and I think I have the se- ‘‘(i) accredited to the United States Gov- quence correctly—a resident of the Na- express my appreciation. ernment or the Government’s mission to an Parliamentary inquiry. Is that modi- international organization having its head- tion of Lebanon came to the United fication accepted? quarters in the United States; or States on a nonimmigrant visa, such as The PRESIDING OFFICER. The ‘‘(ii) en route to or from another country a tourist visa. When he arrived in the amendment was agreed to, as modified. to which that alien is accredited; United States, he visited the State of July 21, 1998 CONGRESSIONAL RECORD — SENATE S8641 Florida, which has relatively lax laws We try to say these are categories of (1) in subsection (d), by striking paragraph in terms of the purchase of firearms. people which might in the ordinary (5) and inserting the following: He bought a firearm in Florida, took it course of events have a gun, need to ‘‘(5) who, being an alien— up to the Empire State Building, and purchase a gun, for very legitimate ‘‘(A) is illegally or unlawfully in the United States; or gunned down several innocent people, purposes. ‘‘(B) except as provided in subsection other tourists at the Empire State Now, what about those who are there (y)(2), has been admitted to the United Building. on a nonimmigrant visa for a longer States under a nonimmigrant visa (as that It struck me as odd that while we en- period of time? I am willing to concede term is defined in section 101(a)(26) of the shrine the right of American citizens that some are here for maybe even Immigration and Nationality Act (8 U.S.C. to own firearms, we apparently have years legally on nonimmigrant visas 1101(a)(26)));’’; few, if any, ways to check when people and may need a gun at some point. We (2) in subsection (g), by striking paragraph come into this country to buy a gun as even put a provision in for that. (5) and inserting the following: to whether or not they are citizens of A waiver of this requirement—if a ‘‘(5) who, being an alien— this country. person has resided in the United States ‘‘(A) is illegally or unlawfully in the United States; or So in this case, a man from another for 180 days and can provide a state- ‘‘(B) except as provided in subsection nation, a tourist, bought a gun and ment to our Government from his Em- (y)(2), has been admitted to the United killed innocent Americans. I think bassy or consulate that says he is au- States under a nonimmigrant visa (as that that goes too far. I think, frankly, we thorized to acquire a firearm and he term is defined in section 101(a)(26) of the ought to say that if you come into this doesn’t have a criminal record in his Immigration and Nationality Act (8 U.S.C. country as our guest, not as a citizen of home country. 1101(a)(26)));’’; the United States, that we are going to So I think we have created excep- (3) in subsection (s)(3)(B), by striking restrict your right to purchase a fire- tions which will allow those people who clause (v) and inserting the following: arm. You are not a citizen of our coun- are here on nonimmigrant visas, who ‘‘(v) is not an alien who— ‘‘(I) is illegally or unlawfully in the United try; we have a right to impose such re- are not here to commit a crime, an op- States; or strictions on you. portunity to purchase or own a fire- ‘‘(II) subject to subsection (y)(2), has been So here is what we do: We say to the arm. Yet we have said that tourists admitted to the United States under a non- Immigration and Naturalization Serv- from any nation who comes in, buys a immigrant visa (as that term is defined in ice, send over, through your comput- firearm, commits an act of terrorism section 101(a)(26) of the Immigration and Na- ers, the names of those who are in this or murder, is not welcome. We are not tionality Act (8 U.S.C. 1101(a)(26)));’’; and country legally on these visas; we will going to make it easy for them. (4) by inserting after subsection (x) the fol- put them into our background check. If That is the amendment which I have lowing: this individual had shown up at a gun offered. I hope that those who are mull- ‘‘(y) PROVISIONS RELATING TO ALIENS AD- store and said, ‘‘I want to purchase a ing over its provisions will come to the MITTED UNDER NONIMMIGRANT VISAS.— gun,’’ they would put his name in the conclusion that it is not an unreason- ‘‘(1) DEFINITIONS.—In this subsection— computer. And if he came up as a non- able suggestion. I hope those who visit ‘‘(A) the term ‘alien’ has the same meaning immigrant visa holder, not a citizen of our country understand they are wel- as in section 101(a)(3) of the Immigration and the United States, they would have come. When it comes to purchasing a Nationality Act (8 U.S.C. 1101(a)(3)); and ‘‘(B) the term ‘nonimmigrant visa’ has the said, ‘‘No’’; and had they said no to this gun, which may lead to a violent same meaning as in section 101(a)(26) of the man, several Americans might be alive crime, we are at least going to ask Immigration and Nationality Act (8 U.S.C. today. some questions. I think the people of 1101(a)(26)). I don’t think that is an unreasonable America expect us to ask those ques- ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), requirement. In considering this tions. (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to amendment, I should think that people I yield back the remainder of my any alien who has been lawfully admitted to might question whether or not it is our time. the United States under a nonimmigrant obligation in this Nation, under the The PRESIDING OFFICER. Is there visa, if that alien is— Constitution or otherwise, to arm peo- further debate on the amendment? ‘‘(A) admitted to the United States for law- ple who come to visit us. I am not sure Mr. DURBIN. Has there been a unani- ful hunting or sporting purposes or is in pos- session of a hunting license or permit law- it is. mous consent agreement in terms of fully issued in the United States; Now, we do make exceptions, and I this pending amendment or any others ‘‘(B) an official representative of a foreign want to make certain that those who considered this evening? government who is— read this amendment understand the Mr. GREGG. No. ‘‘(i) accredited to the United States Gov- exceptions. We tried to imagine the ex- Mr. President, I suggest the absence ernment or the Government’s mission to an ceptions of those coming to the United of a quorum. international organization having its head- States on nonimmigrant visas who The PRESIDING OFFICER. The quarters in the United States; or might need to own a gun for very real clerk will call the roll. ‘‘(ii) en route to or from another country and legal purposes. The legislative clerk proceeded to to which that alien is accredited; Here are the exceptions that we in- call the roll. ‘‘(C) an official of a foreign government or a distinguished foreign visitor who has been cluded: We said if you are someone who Mr. DURBIN. Mr. President, I ask so designated by the Department of State; or has come to the United States for law- unanimous consent that the order for ‘‘(D) a foreign law enforcement officer of a ful hunting or sporting hunts—so you the quorum call be rescinded. friendly foreign government entering the have someone who enjoys hunting and The PRESIDING OFFICER (Mr. AL- United States on official law enforcement can legally do so in the United States, LARD). Without objection, it is so or- business. who comes here for that purpose, goes dered. ‘‘(3) WAIVER.— ‘‘(A) CONDITIONS FOR WAIVER.—Any individ- to the far west, wherever it might be, AMENDMENT NO. 3240, AS MODIFIED that person is exempt. That person ual who has been admitted to the United Mr. DURBIN. Mr. President, I have States under a nonimmigrant visa may re- may purchase a gun while here for that sent a modification of my amendment ceive a waiver from the requirements of sub- purpose. to the desk. section (g)(5), if— An official representative of foreign The PRESIDING OFFICER. The Sen- ‘‘(i) the individual submits to the Attorney governments—certainly, any head of ator has a right to modify his amend- General a petition that meets the require- state brings a security contingent with ment. ments of subparagraph (C); and him and that person may possess a gun. The amendment is so modified. ‘‘(ii) the Attorney General approves the pe- Those who are credited with the U.S. The amendment (No. 3240), as modi- tition. ‘‘(B) PETITION.—Each petition under sub- Government’s mission to an inter- fied, is as follows: national organization; those en route paragraph (B) shall— At the appropriate place in title I of the ‘‘(i) demonstrate that the petitioner has from one country to another; an offi- bill, insert the following: resided in the United States for a continuous cial of a foreign government or a dis- SEC. ll. FIREARMS. period of not less than 180 days before the tinguished foreign visitor, a foreign Section 922 of title 18, United States Code, date on which the petition is submitted law enforcement officer. is amended— under this paragraph; and S8642 CONGRESSIONAL RECORD — SENATE July 21, 1998

‘‘(ii) include a written statement from the Hampshire, Mr. GREGG, in a brief col- The Congress-Bundestag Youth Ex- embassy or consulate of the petitioner, au- loquy regarding a portion of the report change program was launched jointly thorizing the petitioner to acquire a firearm which accompanies the bill, calling on in 1983 by the U.S. Congress and the or ammunition and certifying that the alien the Border Patrol to examine the po- German Bundestag and has been funded would not, absent the application of sub- by both governments in roughly equal section (g)(5)(B), otherwise be prohibited tential cost savings and border surveil- from such acquisition under subsection (g). lance capabilities of a variety of types amounts ever since. ‘‘(C) APPROVAL OF PETITION.—The Attorney of aircraft. I support the committee’s Many of us on both sides of the aisle General shall approve a petition submitted effort to seek more information to im- who were in Congress in 1983 spoke pas- in accordance with this paragraph, if the At- prove the cost effectiveness and effi- sionately in support of these ex- torney General determines that waiving the ciency of our border surveillance ef- changes. Those of us who follow the requirements of subsection (g)(5)(B) with re- fort—against both illegal immigration program closely and meet with the ex- spect to the petitioner— and drugs. But, I also believe that we change students believe it is an essen- ‘‘(i) would be in the interests of justice; tial component of American foreign and must review all types of aircraft, in- cluding both manned and unmanned policy. ‘‘(ii) would not jeopardize the public safe- Apart from expanding awareness of ty.’’. airships. Is it the Committee’s intent German and American institutions and Mr. DURBIN. Mr. President, I have that such airships also be considered in the study and report? culture, the international experiences been working with the Senator from and increased proficiency in language Idaho, and I think we have reached an Mr. GREGG. I appreciate the Sen- ator’s concerns on this subject. The have become valuable assets in the stu- agreement on this, in which we provide dents’ continuing education and com- language that says if a person who committee believes that the full range of aircraft options, including airships, munity life. comes to the United States on a non- One of the unique features of the immigrant visa is in possession of a should be examined by the Border Pa- trol to assist our efforts to ensure the Congress Bundestag Youth Exchange hunting license or permit lawfully Program is that the German Govern- issued within the United States, they most cost-effective and efficient ways to protect our borders from both illegal ment virtually matches our contribu- then would not be covered by the provi- tions on a dollar-for-dollar basis. They sions of this law. That is consistent immigration and the flow of drugs. Mr. BIDEN. I thank the Senator for try to match the number of students with the original language of the they send to the United States to those amendment. his interest in this matter and for his clarification of the committee report. we send Germany. They would like to At this point, I yield to the Senator send many more students. When we in- CONGRESS-BUNDESTAG YOUTH EXCHANGE from Idaho. crease or decrease our funding, they Mr. CRAIG. Mr. President, I appre- PROGRAM Mr. LUGAR. Mr. President, I would tend to increase or decrease their fund- ciate the willingness of the Senator ing. Thus, if we zero out or decrease from Illinois to modify his amendment. like to engage the distinguished chair- man of the subcommittee in a brief col- funding for this program, the German I think it is necessary and appropriate, Government may do the same. In ef- and certainly the public understands loquy on the Congress-Bundestag Youth Exchange Program (CBYX). I fect, that would be a double hit and a that hunting is a lawful right and op- double calamity for United States-Ger- would like to hear his thoughts about portunity in this country. Certainly, man relations. German-American student exchanges foreign citizens who are here that go Thousands of young people from Ger- through the legal and necessary steps and the reasons why the bill before us many and from the United States are should be allowed that opportunity, does not include any appropriation for able to spend a year in the other coun- and to acquire a gun for that purpose these important exchanges. try, live with host families and learn Let me assert first of all that I am a while here is necessary and fitting. about one another. Thousands have be- strong and enthusiastic supporter of I agree with the Senator from Illinois come young Ambassadors for their the CBYX program that has been in ex- that he deals with a very important country. They have strengthened our istence now for 15 years. I recall the area of the law. We have seen it mis- mutual interests. used by aliens in this country. Our sec- enthusiasm in the Senate when, in 1983, Germany’s strategic importance in ond amendment is something that we the late Senator Heinz introduced the Europe is self-evident. It enjoys the honor, that many of us feel is a very bill authorizing this exchange program. strongest economy in Europe and has important right of our citizens under Many of us rose to endorse it and the cooperated in expanding both the Euro- the Constitution. It should not be legislation received unanimous sup- pean Union and NATO toward the East. abused by those who are guests in our port. It is poised to play an even greater role country, legally or illegally. I think The legislation was inspired by the in international peacekeeping, inter- the Senator from Illinois speaks clear- events surrounding the critical deci- national commerce, and the global ly to that in the amendment. I appre- sion by the German Government to de- economy. Moreover, there are more ciate his offering it. ploy United States Pershing-II missiles than 60 million Americans who trace Mr. GREGG addressed the Chair. in Germany—a decision which, in my their heritage to German origins, one The PRESIDING OFFICER. The Sen- judgment accelerated the end of the of the largest, if not the largest, ethnic ator from New Hampshire. Cold War. At the time, it became evi- groups in the United States. Mr. GREGG. Mr. President, I think dent that there were fundamental mis- Could I ask the distinguished chair- the Senator from Illinois has proposed understandings within Germany of man of the subcommittee what has a strong amendment here, and it has United States intentions and equally been the recent funding levels for the been strengthened further by the Sen- shallow perceptions about Germany in Congress-Bundestag Program and if the ator from Idaho. the United States. bill before us eliminates or reduces I ask unanimous consent that the The German Government felt the funding for the Congress-Bundestag amendment be agreed to. need for correcting misperceptions program for fiscal year 1999? The PRESIDING OFFICER. Without about the United States most acutely Mr. GREGG. Funding for this pro- objection, the amendment is agreed to. and initiated a process to establish and gram was at $2.75 million for several The amendment (No. 3240), as modi- fund a youth exchange program with years in the past but it declined to $2.4 fied, was agreed to. the United States. The Congress-Bun- million and has been at or below that Mr. GREGG. Mr. President, I move to destag exchange program that emerged level in recent years. The current bill reconsider the vote. from those efforts was not just another does not include any funding for the Mr. INOUYE. I move to lay that mo- bilateral exchange program. Rather, it Congress-Bundestag Program but it tion on the table. has become an essential component of does not prohibit any funding either. The motion to lay on the table was American foreign policy. With the im- We suggest in the report language that agreed to. minent expansion of NATO eastward, it there are other competing priorities BORDER PATROL AVIATION takes on an even more important role which make it difficult to fund all re- Mr. BIDEN. Mr. President, I would in promoting understanding between quests for cultural and educational ex- ask to engage the Senator from New our two countries. changes. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8643 Mr. LUGAR. It is my understanding of these participants are mature adults worry about their children dodging that this program is a very high prior- now and have assumed responsible po- homework, not dodging bullets. Teach- ity of the administration and that the sitions in their communities. I’m im- ers should be able to devote their en- President has publicly stated that he pressed that senior members of the ergy to promoting academic achieve- wants to increase funding for the Con- German Government, including Chan- ment, not counseling victims. And stu- gress-Bundestag Program in fiscal year cellor Kohl and the President of the dents should be focused on their next 2000 to a level at least $2.8 million—an German Bundestag, Rita Sussmuth are exam, not on making it safely to the amount substantially above recent lev- personally involved in the program. next class. els. Many others have invited American While the States have the primary Mr. GREGG. Yes. The President has students to work in their offices, in- responsibility for both education and announced his intention to request an vited them into their homes and ar- criminal justice, and the Federal Gov- increase for this program in the year ranged for specific events on their be- ernment cannot give every neighbor- following the current fiscal year. I will half. Our German counterparts value hood crime-free schools, I believe the look forward to that request. this program very highly and promote Congress should do more. The Federal Mr. LUGAR. I understand the com- it with enthusiasm. Government can help by supporting in- panion House bill includes funding for In the end, we should support this novative efforts by local communities this exchange program at about $2 mil- program because it is in our interests and law enforcement to improve safety, lion. Therefore, funding for the Con- to do so. It is one of our smallest inter- by sharing insights gained from these gress-Bundestag Youth Exchange pro- national exchange programs but it efforts with communities across the gram for fiscal year 1999 will be an reaps substantial foreign policy bene- Nation, and simply by focusing atten- issue in conference. Is it the chair- fits. We should be sending more Amer- tion on this problem. man’s intention to restore funds for ican students to Germany on this pro- During past Congresses, I supported the CBYX program in conference? gram. The German Government wants prevention programs to assist local Mr. GREGG. I would like very much to increase the number of students communities, including drug resistance to restore funding for this program— they send here. education, school security grants, and and for other exchanges as well. Unfor- I should add that most of the Amer- the Gun Free School Zones Act. In 1993, tunately we are operating under tight ican students selected for this ex- I worked to create a Commission on Vi- budgetary constraints. As the senior change program are juniors or sopho- olence in Schools to study school safe- Senator from Indiana knows, the num- mores in high school. The standards ty. I’ve also voted for additional deter- ber of international exchange programs are high. To be eligible, a student must rence measures, including adult pros- have grown over the years and that is have a 3.0 grade point or better and be ecution of armed juveniles who commit a reflection of their popularity and im- a citizen or permanent resident of the violent crimes, and increased funding portance. Overall appropriations have United States. for juvenile prisons. not kept pace with the growth in the Once again, I want to thank the dis- Last fall, I proposed an amendment number of programs. The regrettable tinguished chairman of the subcommit- to permit funds available under the result of this shrinkage of funds and tee. He has a difficult task of balancing Community Oriented Policing Services growth in demand for them means that growing and competing demands with Program (COPS) to go to school safety some programs must be reduced. increasingly sparse resources. I appre- initiatives. COPS funding has been re- But, I very much appreciate the Sen- ciate his understanding and courtesy stricted in the past to hiring new po- ator’s strong argument in support of and look forward to working with him lice officers. The amendment I pro- the Congress-Bundestag Youth Ex- and the committee to restore funding posed, and the Senate adopted, ex- change program, particularly the for- for the Congress-Bundestag Youth Ex- panded the use of COPS funding to re- eign policy role it plays in strengthen- change Program (CBYX). ward innovative crime-reduction ef- ing our ties with an important Euro- IMPROVING SCHOOL SAFETY AND FIGHTING forts by communities and law enforce- pean ally, Germany. I will keep your SCHOOL CRIME ment, to share knowledge about suc- arguments very much before me when Mr. ROBB. Mr. President, as many of cessful school-safety programs, and to we negotiate with our House counter- my colleagues are aware, support for raise public awareness about school parts in conference. education has been at the top of my crime. Thanks to the support of Sen- Mr. LUGAR. I thank the chairman priorities since I began my career as a ators GREGG AND HOLLINGS, $17.5 mil- and appreciate his explanation. My public servant. lion in grants were made available in original intention was to introduce an I’ve worked for many years, and on fiscal year 1998. The grants will be amendment to restore funding for the several fronts, to strengthen our public awarded later this fall to communities CBYX program but do not want to bur- schools and universities, and I’ve fo- across the Nation. den the managers with a specific ear- cused as well on an essential pre- This spring, I spoke with Senators mark. Could the chairman give assur- requisite for improving educational op- HOLLINGS and GREGG and urged them ance that he will do all he can to re- portunities—a safe learning environ- to continue and expand this program in store funding for these exchanges. If he ment. Unfortunately, not all students fiscal year 1999, and I am grateful for does, I will withdraw my amendment. share the privilege of attending a safe their generosity and their commitment Mr. GREGG. You have made a strong school. to the cause. The chair and ranking argument on behalf of the program. Over the past year, tragic murders at member provided more than $210 mil- And I will do my best to adjust existing schools across the Nation have chilled lion for a Schools Safety Initiative. programs to provide funding for the parents’ hearts. Perhaps even more Under this initiative, $10 million will United States-German exchange pro- chilling are figures from a spring 1998 support research in technology to im- gram. Department of Justice study, which in- prove school safety, such as weapons Mr. LUGAR. I appreciate your assur- dicates just how many schools, and detection equipment. Another $25 mil- ances. Mr. President, I would like to schoolchildren, are at risk. In the past lion will fund community efforts to made a few additional comments on year, nearly 60 percent of all elemen- promote nonviolent dispute resolution, the Congress-Bundestag Youth Ex- tary and secondary schools reported at to train teachers and parents to recog- change Program. least one incident of criminal activity nize troubled children, and to strength- For the past 15 years, some 11,000 to the police. Roughly 20 percent of en families. young students from Germany and the schools reported six crimes or more. The bulk of the School Safety Initia- United States have participated in One out of every ten schools reported a tive, $175 million, will be administered these exchanges. German and Amer- serious violent crime during the past under the COPS school safety program ican families have hosted these stu- year. that I initiated last fall. I believe this dents in their homes and communities Mr. President, crime in school is a funding level is a strong statement to and formed enduring friendships and double threat—a threat not just to students, parents, teachers, and law en- nurturing the ability to see each other safety and property, but to our entire forcement. This program indicates that through the other’s eyes. The earliest educational system. Parents should school safety is a national priority, and S8644 CONGRESSIONAL RECORD — SENATE July 21, 1998 I hope schools and communities across Mr. BUMPERS. Mr. President, I ask Then she says, ‘‘Well, can my lawyer the Nation will respond. for the yeas and nays on my amend- sit in the grand jury room with me?’’ A number of schools in Virginia have ment. ‘‘No, ma’am, I’m afraid not. Your already taken action. Some have set up The PRESIDING OFFICER. Is there a lawyer can sit outside the grand jury anonymous crime tip lines for their sufficient second? room but he can’t come in the room students. Police in Richmond work There is not a sufficient second. with you.’’ with students to promote peaceful con- Mr. BUMPERS addressed the Chair. Now, to a lot of people, this is a real flict resolution and drug resistance Mr. GREGG. Will the Senator yield story. This is not an Orwellian bad education. Other communities, such as for a question? dream. This is what happens to a lot of Pulaski County, have actually placed Mr. BUMPERS. Yes. innocent people in this country on a police officers in schools. Mr. GREGG. We were working on a daily basis. She doesn’t have any One remaining concern I have is the unanimous consent agreement that choice but to show up. attention to this issue will receive would allow a second degree to be of- If she had been arrested and charged from future Congresses. In my view, fered to the Senator’s amendment, with a crime, and she was a possible the matter of school safety deserves which would be reserved to the major- criminal who was about to go on trial sustained attention, and continuing ity. Does the Senator object to such an and serve jail time if convicted, she support from the this body. There are option? It would be a relative second would have a constitutional right to a several juvenile justice reform bills degree. lawyer, or to remain silent. She would pending before the Senate, and I’d like Mr. BUMPERS. I don’t know. I need not have to tell the U.S. attorney any- to move forward on legislation in this to meditate on that. thing. She could remain silent. She area this year. Unfortunately, that ap- Mr. GREGG. That is why we are could not only remain silent; she would pears unlikely. meditating on the yeas and nays. be provided a lawyer if she could not Therefore, I look forward to working Mr. BUMPERS. I noticed there was afford one. with my colleagues next year to sched- no prompt response on that side of the How many times has every person in ule a full debate on juvenile justice aisle to a request for the yeas and the Senate stood on this floor and said issues, as a well as to provide contin- nays, so I assumed some sort of cabal criminals have more rights than ordi- ued support for school safety through was in the works. nary citizens? In this case, it is true. I just gave you the appropriations process during con- Mr. GREGG. We would look forward a classic illustration of why it is true. ference with the House this year and to a vote on the Senator’s amendment, If this woman were arrested by the po- next. but we do want to reserve the right to lice, or charged with a crime, they Mr. GREGG. Mr. President, I suggest a second degree. couldn’t treat her in such a way. But, the absence of a quorum. Mr. BUMPERS. I am not sure I look because she is an ordinary witness, an The PRESIDING OFFICER. The forward to voting on a second-degree innocent citizen, she can be made to go clerk will call the roll. amendment, but then it may be, if we and testify. She can be made to bring The bill clerk proceeded to call the are going to have a unanimous consent any documents the U.S. attorney roll. agreement of any kind, it might pre- chooses to make her bring. She can be Mr. BUMPERS. Mr. President, I ask clude a second-degree amendment. required to walk in the grand jury unanimous consent that the order for Let me think about it. room and sit alone on the stand in ab- the quorum call be rescinded. Mr. GREGG. I thank the Senator. ject terror because her lawyer is not The PRESIDING OFFICER. Without Mr. BUMPERS. I want to suggest to permitted in the room with her; he objection, it is so ordered. each Senator that they meditate on this proposition. must sit outside. AMENDMENT NO. 3243 The doorbell rings and the Senator’s It is true that she can ask for a re- (Purpose: To amend the Federal Rules of wife answers the door. There is a nicely cess, leave the witness stand and say to Criminal Procedure, relating to counsel for dressed person, in a suit and tie, stand- the court, say to the U.S. attorney: witnesses in grand jury proceedings, and ing at the door. He hands her a paper, ‘‘Before I answer that question, I for other purposes) would like to talk to my lawyer.’’ Mr. BUMPERS. Mr. President, I send and she says, ‘‘What is this?’’ He says, ‘‘That’s a subpoena.’’ He says, ‘‘OK.’’ an amendment to the desk. So she goes outside and she asks her She says, ‘‘What does that mean?’’ The PRESIDING OFFICER. The lawyer, to whom she has just paid a He says, ‘‘That means that the dis- clerk will report the amendment. $5,000 retainer because she is terrified— trict attorney, the United States attor- The bill clerk read as follows: not because she has done anything ney wants to question you.’’ wrong—she has just paid this lawyer The Senator from Arkansas [Mr. BUMPERS] ‘‘Well, about what?’’ proposes an amendment numbered 3243. $5,000. They are people of very modest ‘‘I don’t know.’’ means. He cannot go in the grand jury Mr. BUMPERS. Mr. President, I ask ‘‘What does this paper mean?’’ unanimous consent that reading of the ‘‘It means that you don’t have any room, but she can go out and ask him amendment be dispensed with. choice. You must go down and appear a question. She is not a lawyer and she The PRESIDING OFFICER. Without before the grand jury.’’ is not sophisticated enough to know on objection, it is so ordered. ‘‘Well, how long will that take?’’ what questions should she defer to her The amendment is as follows: ‘‘Well, as a matter of fact, sometimes lawyer. She could answer the most in- At the appropriate place in title II of the it takes several days. Some witnesses criminating question in the world, in bill, insert the following: have been known to have to appear for all of her legal ignorance, and not SEC. 2ll. GRAND JURY RIGHT TO COUNSEL. 5 and 6 and 7 days, different times.’’ know she had just implicated herself. What if she says to the man who ap- (a) IN GENERAL.—Rule 6 of the Federal ‘‘But I don’t know anything. What Rules of Criminal Procedure is amended— peared at her door with a subpoena: can I testify to?’’ ‘‘You say you don’t know what they (1) in subdivision (d), by inserting ‘‘and ‘‘Ma’am, I’m just a functionary. I counsel for that witness (as provided in sub- want to talk to me about?’’ division (h))’’ after ‘‘under examination’’; have been requested, and it is my offi- He says, ‘‘Well, it’s about the parking and cial duty to present you with this sub- meter scandal.’’ (2) by adding at the end the following: poena. Incidentally, the U.S. attorney ‘‘I don’t know anything about any ‘‘(h) COUNSEL FOR GRAND JURY WIT- also wants you to bring all of your parking meter scandal.’’ NESSES.— telephone calls and also any other doc- ‘‘Well, I’m sorry, ma’am.’’ ‘‘(1) IN GENERAL.— uments or letters you may have in She says, ‘‘If they asked me some- ‘‘(A) RIGHT OF ASSISTANCE.—Each witness your possession that would relate to thing and I can’t remember it, or if I subpoenaed to appear and testify before a anything.’’ grand jury in a district court, or to produce try to remember and I give them an an- books, papers, documents, or other objects ‘‘Well,’’ she says, ‘‘Do I get to bring a swer and it turns out to be wrong, then before that grand jury, shall be allowed the lawyer with me?’’ what happens?’’ assistance of counsel during such time as the ‘‘Oh, yes, ma’am, you can bring a ‘‘Oh, then in that case, ma’am, they witness is questioned in the grand jury room. lawyer.’’ may charge you with perjury.’’ July 21, 1998 CONGRESSIONAL RECORD — SENATE S8645 Here is a classic case of a criminal jury to indict a ham sandwich if you So that is the reason that many of justice system that is not working. I ask them to.’’ I had a U.S. attorney tell the Founding Fathers came here after heard all these lamentations about me one time, ‘‘I have never failed to being abused and abused and abused in human rights in China, but you tell get an indictment from a grand jury.’’ England. Because they were mostly a me, how much worse can a situation I can tell you, if he had ever failed to poor class, and they didn’t trust Gov- get, when innocent people every day in get one, that would be one of the most ernment. Because they had not trusted this country are called to testify—and, abysmal failures I have ever heard of, the King, they knew the King had all frankly, as good citizens they should be because I know all kinds of U.S. attor- the cards, and they wanted to level the willing to testify—but when they get in neys and DA’s all over this country playing field and they wanted it to be the grand jury room with the U.S. at- who have been able to get an indict- a fair fight. I can tell you, we do not torney, they are subject to his mercy. ment every time they ask for one. Do have a fair fight now in the grand jury. He can ask them—he can ask this you know why? Because there are 23 So, isn’t this just simple justice, to woman, first crack out of the bat, in grand jurors sitting there who know allow a witness to have a lawyer? Is this investigation of a parking meter nothing except what the U.S. attorney this complicated for anybody listening, scandal: proposes to tell them, only what the that a witness who is not charged with ‘‘Have you been faithful to your hus- witnesses he decides to call will tell anything should have a right to a law- band ever since you got married?’’ He them. yer in the courtroom, not sitting out- can do this because there is no require- Mr. President, I am not talking as side? Do you think a U.S. attorney ment of relevancy in the grand jury. any bleeding-heart liberal. I have de- would start off asking a Senator’s wife ‘‘Well, as a matter of fact, I think fended a few criminals in my life. A if she had been faithful to him all of that’s personal.’’ couple of them I felt pretty sure were her life if her attorney was sitting ‘‘Ma’am, I’m asking you a question. I guilty, but the first thing I learned in there? I promise you he wouldn’t. Do want an answer. I understand that one law school is that this is a nation of you think he would ask if her children of your children is gay; is that true?’’ laws; everybody is entitled to a lawyer, were gay or had ever smoked pot if her ‘‘Well, what’s that got to do with and to a fair trial. lawyer was sitting in the room? Of anything?’’ The grand jury system has gotten so course, he wouldn’t. This is about sim- ‘‘Ma’am, I’m asking you the ques- bad that 27 States in this Nation have ple deterrence of misconduct. tions. I’m the U.S. attorney here, and I abolished grand juries. You think I ask those who will oppose this can ask anything I want. Is it true one about that. The States are always amendment, What is the prohibition of your children got picked up one time ahead of us in Congress. Mr. President, now under existing law to keep a U.S. on a pot charge when he was a senior in 27 States have abolished the grand jury attorney from asking those kinds of high school?’’ system, and 18 States have laws that abusive questions, and worse? There is ‘‘What is that relevant to?’’ ‘‘Ma’am, as I said, I’m asking the allow the attorney for a witness to sit none. questions here. Now, I’m asking you, in the grand jury room with the wit- I remember one time talking with and you are legally required to answer ness. Now, what do these states know Senator McGovern when he was a Sen- truthfully.’’ that we don’t know? ator. One of these questions came up Senators, I’m going to tell you some- My amendment is just about as sim- about charging everybody with every- thing. You think this is farfetched? Be- ple as you can make it. It says one thing and vetting everybody who came lieve me, believe me, it is not. It hap- thing, that a witness who has an attor- through. If you get nominated to an ex- pens all the time. ney and wishes that attorney to sit in ecutive position, you have to go You ask yourself this question: How the grand jury room with them may do through a kind of inquisition. George would you like to be in the grand jury so. What is wrong with that? You tell McGovern said, ‘‘I want it on the room without a lawyer—nobody—and me. Anybody, tell me. record right now: I stole a watermelon you ask the U.S. attorney: If a U.S. attorney is afraid to ask when I was 12 years old.’’ ‘‘Look, I would like to go outside the questions because he doesn’t want her I can tell you, what we have right room. My lawyer is sitting just outside attorney to hear, what is objectionable now in the grand jury system is not the door. I would like to talk to him about it? And why should he? Why fair, and every Member of this body and ask him whether I should answer should a U.S. attorney fear asking any knows it. I am not defending criminals. this question or not.’’ question that he is going to ask later, I am not saying give criminals an ‘‘You have a right to do that, ma’am. perhaps, in the courtroom anyway? upper hand. What I am saying is give Go right ahead.’’ This is supposed to be a fair fight. Is he witnesses the same choices you give a She goes out. After awhile, he asks afraid of the truth? defendant, the criminal, which is the her another one of those silly ques- Do you know why we have a grand right to the assistance of counsel, as tions. And she says, ‘‘You know, I don’t jury system? Because the Federal Gov- guaranteed in the Sixth Amendment. know how to answer that. I need to ernment was not to be trusted and the Mr. President, I hope everybody un- talk to my lawyer again.’’ Founding Fathers put the requirement derstands this issue. I don’t want to be- The third time she does that, these in the Fifth Amendment: We will have labor it. It is the kind of amendment grand jurors start nudging each other. a grand jury system. And the reason we that doesn’t need a lot of discussion. ‘‘This woman is hiding something. She cannot abolish it is because it is in the But you think about this, I say to Sen- knows a lot more than she is willing to Constitution, and I would not change ators, your wife or family member who talk about. Why is she going outside to that. The States are not so fettered, is as innocent as a newly ordained nun, talk to that lawyer so much if she and they are abolishing it right and who never did anything wrong in her doesn’t have something to hide?’’ left because they know that grand jury life, is going before the grand jury sys- That is the psychological part of try- system is often not fair. It is just short tem hardly knowing why she has been ing lawsuits. I am telling you, I was a of a Star Chamber proceeding because called and then subjected to day after trial attorney for 18 years before I be- only one side of the case is heard. day after day of testimony, or even 2 came Governor. I have seen prosecut- In medieval England people were hours of testimony—whatever it is. At ing attorneys, I have seen local district tried by ordeal—they were thrown into least put her on a par with the crimi- attorneys, I have seen U.S. attorneys, the lake or had their hand dunked in nal defendants who are arrested and eaten up with political ambition. And boiling water. If they survived the or- have to be placed on trial, who have a when they are eaten up with political deal, they were innocent. If they right to an attorney. ambition, do you know what they didn’t, it didn’t make any difference. Mr. GREGG. Will the Senator from want? All the notches in their belt That is what was called a Star Cham- Arkansas yield for a unanimous con- they can get. They want to be able to ber proceeding. That is what people sent request? boast, ‘‘I never failed to get an indict- used to go through when they missed Mr. BUMPERS. I will be happy to ment I asked for.’’ church. They were put in the stocks or yield. The chief judge of the State of New they were subjected to boiling water or The PRESIDING OFFICER. The Sen- York once said, ‘‘You can get a grand a whole host of other things. ator from New Hampshire. S8646 CONGRESSIONAL RECORD — SENATE July 21, 1998 Mr. GREGG. Mr. President, I ask about that? And, if a member of your relevant, such as some of those sug- unanimous consent that the Senate family were involved, wouldn’t you gested by my distinguished colleague, proceed to debate the following amend- wish that this amendment was in place then, yes, I agree with him, something ments—one which we are now debat- as a matter of law? ought to be done to prevent those types ing—with votes in relation to the Mr. President, I ask for the yeas and of things from happening, and perhaps issues to be postponed to occur on nays on my amendment. we should look at this whole area. Wednesday, July 22, at 9:40 a.m. The PRESIDING OFFICER. Is there a On the other hand, we have suggested I further ask unanimous consent that sufficient second? to him that the way to do this would no second-degree amendments be in There appears to be a sufficient sec- be, of course, to let the judicial con- order, and that all debate be concluded ond. ference look at this and make rec- this evening; that there be 2 minutes The yeas and nays were ordered. ommendations and really look at all for debate for closing remarks prior to Mr. BUMPERS. I yield the floor. sides of this issue so we do not go into each vote in the stacked sequence, with Mr. HATCH addressed the Chair. this half cocked and throw out a sys- the exception of the vote in relation to The PRESIDING OFFICER. The Sen- tem that has served this country well the Bumpers amendment, on which ator from Utah. over 200 years just because there are there will be 10 minutes for closing re- Mr. HATCH. Mr. President, I have some alleged occasional prosecutors marks. The amendments to be debated been listening to my distinguished col- who might abuse the process. are as follows: Moseley-Braun, an league from Arkansas and his very lit- It is not quite as simple as people try Internet prevention amendment; eral discussion of the grand jury proc- to make it seem. The grand jury pro- Graham of Florida, sheriff’s auction; ess. It isn’t quite as simple as my col- ceeding has served this country well and Bumpers amendment on grand ju- league is explaining. for well over 200 years. And, yes, some The reason we have a grand jury ries, which we are presently debating. of these issues that are raised are ones process and the reason we don’t allow The PRESIDING OFFICER. Without that trouble me as well. But before we attorneys in there is because that proc- objection, it is so ordered. throw this out and before we decide to ess is to remain secret. Under rule 6(e) Mr. GREGG. In light of this agree- allow attorneys in the room, then it of the Federal rules, people are not al- ment, there will be no further votes seems to me we ought to at least have lowed to talk about what happens this evening, and the next votes will be a thorough study to determine whether within the grand jury—certainly the in a stacked sequence beginning at 9:40 throwing it out is the thing to do, prosecutors are not allowed to talk a.m. whether that is going to really be a about it. That doesn’t mean they have Mr. BUMPERS. Mr. President, that better process than what we have to be totally, meticulously unable to is a perfectly fair, legitimate undertak- today. I don’t think it will be. ing, and I will not be much longer. Sen- talk about the cases that they are han- But it does not take many brains to ator LEVIN is here and wishes to speak dling. But basic 6(e) grand jury testi- realize the current grand jury process on the amendment, and any other co- mony is not permitted to be talked is one-sided. The prosecutor can sponsors of the amendment who are lis- about, and there is a reason for that. present whatever the prosecutor wants. tening should feel free to come over There is a reason for not allowing at- And unscrupulous prosecutors can and speak, if they choose. torneys into the grand jury proceed- bring an indictment against almost The point I was about to make, and I ings. anybody by just basically asking the will close on this—is this: The Amer- The distinguished Senator from Ar- grand jury to do it, because there is no- ican people are fairly happy right now kansas seems to have the opinion that body in there to represent the rights of because the economy is going well. But in almost every case, or at least in the accused. I can tell you, there is one underlying many cases, prosecutors will act irre- sentiment in this country that is unde- sponsibly, improperly, will take advan- The distinguished Senator does raise niable, and it is that the vast majority tage of witnesses, will abuse the law. some very important issues, but I of the people in this country don’t And I do not believe that is the case. would prefer that we look at this in a think we, who live in this rarefied at- But one reason why grand jury pro- very broad-based study that really mosphere, know what their everyday ceedings have been basically secretive looks at the pros, the cons, the good, lives are like, and they are right. They is because, let us say the prosecution the bad, and helps us to make a deter- are right. was doing a major investigation of or- mination here. If, after a study like Here is an opportunity to restore ganized crime. You can bet your bot- that, we find that the distinguished people’s confidence in the system. It tom dollar with every witness who goes Senator is primarily right, and that doesn’t happen often. One of the rea- before that grand jury they would have there are many injustices that occur sons this amendment may not prevail the same organized crime attorney or through grand jury proceedings, then I is because in the scheme of things, attorney representing organized crime would be the first to join him in mak- with 268 million people in this country or those organized criminals in that ing the changes that he would request and probably no more than, what grand jury proceeding. Every one of here this evening. should I say, 10,000, 20,000 at most will them would want that attorney there, But frankly, I think that is the type appear before grand juries in any given except those who are blowing the whis- of thing that should be done, that year and answer questions, who cares tle on the criminals for whom the should be done carefully and delib- about 10,000 people out of 268 million? I grand jury is being held to begin with. erately. And we should not throw out care. If I didn’t, I wouldn’t be staying In other words, it would be almost 200 years of history and 200 years of here tonight to offer this amendment. impossible to ever get a witness to grand jury proceedings that have I first started to object to voting on come forward in grand jury proceedings served this country at least ostensibly this in the morning, but the more I of any consequence involving organized very well because we are concerned thought about it, the more I thought crime, and sometimes not so organized that there may be some abuses of this that it might be good. It might be good crime, because the minute that person particular process in some instances. for Senators to reflect on this over- appeared, it would be known who lit- My experience has been that there night and to think about the fact that erally was testifying against the people are very seldom abuses, that the sys- justice denied to one single soul is an whom the prosecutors were trying to tem works well, that it is a system aberration to a free nation. bring the actions against. that can bring indictments against I sincerely hope people will think So it isn’t quite as simple as the dis- those who deserve indictments brought about this and think about it in terms tinguished Senator has said, although I against them; and especially in the of their own personal lives—not some share some of his concerns. If there is area of organized crime, it is a very obscure thing you read in the Washing- any evidence that grand jury proceed- useful and worthwhile system. ton Post every morning or the New ings have been used to abuse witnesses Having said that, that does not mean York Times—but you think about some or have been used to seduce witnesses that I am ignoring what my distin- of these things happening to people, into incriminating themselves, or have guished friend and colleague has said and ask yourself: How would I feel been used to ask questions that are ir- or what he believes, because I myself July 21, 1998 CONGRESSIONAL RECORD — SENATE S8647 have some concerns, as he does. Per- and proves his thesis here, then I may dictment and set the case for trial. At sonally, I believe that in most in- very well join with him in making the trial, the burden of proof is not ‘‘prob- stances it is a good thing to give people changes that he would like to make ably committed a crime’’; at trial the the right to have their counsel there. here today. burden of proof is ‘‘beyond a reasonable And remember, grand jury proceedings I yield the floor. doubt’’; to a moral certainty some- can bring down indictments but they Several Senators addressed the times the judge charges the jury. So cannot convict people. Chair. that is where the trial takes place. On the other hand, once the indict- The PRESIDING OFFICER. The Sen- Now, I recall a line by Justice ment is brought down, that amounts to ator from Arkansas. Macklin Fleming in California. He a criminal defense that must be waged AMENDMENT NO. 3243, AS MODIFIED said, ‘‘Perfect justice is not achievable in this life. In the pursuit of perfect in almost every case. So I hope that I Mr. BUMPERS. I ask unanimous con- justice, we destroy what justice is can talk my colleague into having a sent that I be permitted to send a achievable.’’ major, major review and study of this modification to the amendment. rather than doing something that lit- Well, I just say that an obsession The PRESIDING OFFICER. Without with everything becoming more and erally throws out the system or at objection, it is so ordered. The amend- least changes the system dramatically more complicated is not the history of ment is so modified. our Nation and its criminal law. The in such a way that might have very The amendment, as modified, is as detrimental effects in our getting to founders of our country realized you follows: needed a trial and that people who are the bottom of organized crime, to the At the appropriate place in title II of the bottom of organized criminal conduct bill, insert the following: accused of crimes ought to have a chance to present their defense fully with regard to drugs, to the bottom of SEC. 2ll. GRAND JURY DUE PROCESS. before a jury of 12 citizens, with their criminal activity in general where wit- (a) IN GENERAL.—Rule 6 of the Federal nesses might be intimidated or afraid Rules of Criminal Procedure is amended— lawyer there to argue, debate, object, and do everything possible to defend to even appear before grand juries. (1) in subdivision (d), by inserting ‘‘and The more we do this, I think the counsel for that witness (as provided in sub- that client in that trial, but there more we are going to find that some of division (h))’’ after ‘‘under examination’’; ought to be a vehicle to decide whether and those concerns may outweigh some of a case should go forward. They decided (2) by adding at the end the following: it was better for the defendant and for the concerns that the distinguished ‘‘(h) COUNSEL FOR GRAND JURY WIT- Senator has, because I do not believe the witnesses when a charge is brought NESSES.— by virtue of a grand jury investigation that you can point to many instances ‘‘(1) IN GENERAL.— before citizens of the community, if as a whole—as a whole—where the feel- ‘‘(A) RIGHT OF ASSISTANCE.—Each witness the testimony is taken in secret, so ings or complaints of the distinguished subpoenaed to appear and testify before a that if the evidence is not sufficient, Senator from Arkansas are actually grand jury in a district court, or to produce the public may never even know that fulfilled. books, papers, documents, or other objects Currently, all witnesses may leave before that grand jury, shall be allowed the the individual was under investigation assistance of counsel during such time as the and his reputation would not be the grand jury proceeding or grand witness is questioned in the grand jury room. jury room to consult with their attor- stained. ‘‘(2) POWERS AND DUTIES OF COUNSEL.—A I submit to you that sometimes neys anytime they want. Now the Sen- counsel retained by or appointed for a wit- grand juries will not indict. And also, ator makes a good point when he says, ness under paragraph (1)— in the course of an investigation, a ‘‘(A) shall be allowed to be present in the How is that person going to know prosecutor may discover, as his wit- whether they are incriminating them- grand jury room only during the questioning of the witness and only to advise the witness; nesses are called and put under oath, selves if they are not skilled in the law, that the good case he thought he might if you have a skillful grand jury pros- ‘‘(B) shall not be permitted to address the attorney for the government or any grand have had was not sufficient. Many ecutor in there asking questions? And juror, or otherwise participate in the pro- times I have pulled a case after pre- that is a tough question to answer. ceedings before the grand jury; and senting evidence before a grand jury But the fact of the matter is that if ‘‘(C) shall not represent more than 1 client because I was not confident, and the they have an attorney to begin with, in a grand jury proceeding, if the exercise of grand jury wasn’t confident, that there that attorney is going to say, ‘‘Don’t the independent judgment of the counsel on was enough evidence to proceed to in- behalf of 1 or both clients will be, or is likely answer anything unless you talk to me, dictment. Sometimes I presented grand so tell them after each question you to be, adversely affected by the representa- tion of another client.’’ jury indictments to a grand jury and want to come out and talk to me.’’ thought there was evidence to indict Mr. SESSIONS addressed the Chair. That has been my experience where and a grand jury declined to do so. The PRESIDING OFFICER. The Sen- you have attorneys who are concerned That is the power and privilege they ator from Alabama. about their clients going in before the have been given under our laws in this Mr. SESSIONS. Mr. President, I grand jury. And there is a way to be country. represented by an attorney to not say would like to say a few things about Based on my experience, the grand one word or to answer one question grand juries. I spent 15 years as a Fed- jury system certainly is working. It without continuously going out and eral prosecutor working with grand ju- has served us well for 200 years. I think discussing it with your attorney. So ries on a regular basis. And people say, we ought not to, this late night, with- there is a protection. ‘‘Oh, it’s a secret proceeding.’’ Well, out any debate or without any analysis The difference is that, if I am cor- would you rather have your witnesses or without any hearings, alter this his- rect—and I believe I am—there are in- have to go and testify in open court? toric principle, which I believe protects stances where the grand jury proceed- You see, the purpose of a grand jury citizens from embarrassment as well as ing works better than any other sys- is simply to determine whether there is unfounded charges. tem we have ever had, especially in the probable cause to believe a crime has I have to suggest and note for the area of organized crime. I would be been committed and whether the de- Record, Mr. President, that the Depart- very hesitant to throw out that system fendant probably committed it, to set ment of Justice strongly opposes this without the study by those who are ex- that case for trial. It is a protection. Bumpers amendment. They don’t think perts in this field and those who really Some say, ‘‘Well, just let the prosecu- it is the way we ought to be going now. can make a difference in determining tors indict and eliminate the grand I share that feeling, and that shows just what is right and what is wrong jury because the grand jury will indict that both I, as a Republican Senator, here. a ham sandwich.’’ I heard that here and the Department of Justice agree on But having said that, I have raised today. Grand juries will not indict a this. I think we are making a big mis- these concerns. I hope my colleague ham sandwich. take to go forward at this time without will consider having a study. I would You have to present evidence to them having considered precisely what we join with him in that. We can place a sufficient for them to understand the are doing. limited period of time on it, and if that charge; and the evidence that is pre- There are a number of important rea- study proves to augment his feelings sented is before they will return an in- sons. The chairman of the Judiciary S8648 CONGRESSIONAL RECORD — SENATE July 21, 1998 Committee has stated quite a number ticipate in the proceedings before the mitted under this amendment, and all of those in his excellent legal way, grand jury.’’ that is required under this amendment, demonstrating his legal skill and anal- That is it. This amendment would is that the counsel for the witness be ysis of important issues that come be- only permit the attorney, which every allowed to be present in the grand jury fore us. He has made that point. I will person under this Constitution has a room, and only to advise his or her cli- not take any more time on it. I feel right to at least hire, to give advice to ent. very, very strongly about this issue. I a citizen inside the grand jury room in- I want to commend the Senator from think it would be a colossal error for stead of forcing that person to leave Arkansas for his extraordinary courage this body, without any hearings, to each time. I think it is a modest and, as always, his eloquence in pre- change this historic principle, because amendment. It is a modest amendment senting a case. I will tell you, it will tie the grand jury because it makes sure that we will not I think that if we will all think about in knots. You will have another adver- tie up a grand jury in knots. It is a this basic right overnight, hopefully sarial hearing. You will have two trials modest amendment because it only the majority of this body will do what instead of one. It will not further the says that what we know is right, that at least a number of States have done, ascertainment of truth, which is the someone ought to have a right to coun- and that is to permit the attorney to purpose and nature of a grand jury. sel when they become involved in the be inside the grand jury room solely for I know others need to talk, Mr. criminal justice system—something the purpose of advising the witness. President. I yield the floor. that we know is right and something I thank the good Senator for his lead- Mr. LEVIN addressed the Chair. that we know is guaranteed, which is ership. The PRESIDING OFFICER. The Sen- the right to counsel, to be exercised in TECHNICAL ASSISTANCE FUNDING ator from Michigan. a sensible way, in a way that doesn’t Mr. STEVENS. Mr. President, one of Mr. LEVIN. Mr. President, I support undercut and diminish that very right. the most significant economic prob- the amendment of the Senator from To be forced to leave the grand jury lems facing Alaska is the under- Arkansas. It embodies a historical room after each question, in front of development of the business sector in principle that has been embedded in that grand jury, it seems to me, under- our rural areas. Alaska’s vast size, lack most of our psyches and consciousness, mines the very right to counsel which of highway infrastructure, and numer- which is that an individual has a right is guaranteed in the Constitution. But, ous small, remote communities present to counsel—particularly an individual at a minimum, we, it seems to me, as unique problems requiring unique solu- involved in the criminal justice system people who want to defend this Con- tions. If we want to empower people to has a right to counsel. stitution, should say, if there is a move from assistance to self-suffi- Our good friend from Utah says, well, right—and there is one—that it ought ciency we have to grow small busi- someone appearing before a grand jury to be exercisable in a commonsense nesses in rural Alaska. During the con- can leave the room and get counsel. In- way. ference on the Commerce, Justice and deed, he knows of cases, as do I, where In 90 percent of the grand jury pro- State appropriations bill, I will ask the somebody who is in front of a grand ceedings, the witnesses are law enforce- conferees to address these issues. jury leaves the room after every ques- ment officers or other governmental Specifically, my State is suffering tion to go outside the door and talk to officials who are not likely even to from an acute shortage of technical as- an attorney. have an attorney or want an attorney. sistance funding to provide training What is the common sense of requir- But in those other 10 percent of the and other services specific to rural ing somebody who is entitled to coun- cases, it seems to me only fair, only needs. This is a need that can be satis- sel not to be able to get that counsel common sense, to avoid the absurdity fied under SBA’s 7(j) program. Addi- inside the grand jury room? What is of making a witness leave the grand tionally, I am informed that regula- the common sense of forcing somebody jury room after every question in order tions promulgated in 1995 have vir- in front of the jury to leave at the end to exercise a constitutional right to tually eliminated all small business of each question—leave the grand jury the advice of counsel. lending by banks and other financial room to go talk to his or her attorney? I want to close by emphasizing the institutions in Alaska under SBA’s 7(a) How does that meet the ends of either words of this amendment, because I lending program. Before 1995, the 7(a) common sense or justice—to force that think they are very important: ‘‘The program provided critical financing in rigmarole, that process, when we come counsel that a witness is allowed to rural Alaska, and I intend to explore to something as fundamental and basic have in the grand jury room under this ways to make the program viable once as the right to counsel? amendment is present only during the again in Alaska. Finally, Alaska’s size I don’t think anyone here questions questioning of the witness and’’—these and remoteness will require SBA to that there is a right to counsel under are the key words—‘‘only to advise the adopt high-tech solutions to facilitate our Constitution. The question is, Why witness and not to address the attorney service delivery. I will seek to create not then permit that right to be exer- for the government or address any an electronic assistance center within cised inside the grand jury room? Why grand juror, or to otherwise participate the SBA specifically designed to pro- not permit the advice to be given to in the proceedings before the grand vide Internet connectivity, outreach somebody inside the grand jury room, jury.’’ and training to rural areas specifically rather than to force that person at the Many of our States allow the attor- in Alaska. end of each question to say, ‘‘Excuse ney to be inside of the grand jury I look forward to working with Sen- me, I want to go outside the grand jury room. Some States do, some States ator GREGG and his staff and others on room to consult with my counsel’’? don’t. But we have to make up our own this issue. It will be within the scope of The only argument that I have heard minds as to what makes the most sense the conference, I believe. against permitting that is that, some- in this Federal system. It seems to me f how or other, that would tie a grand the most fundamental form of common jury in knots, as our good friend from sense. Forcing a person to get up, walk IDAHO’S VERY HIGH PERFORM- Alabama just said. But under this through the door, and leave the room ANCE BACKBONE NETWORK SYS- amendment, that is not possible, be- to talk to someone, I believe, dimin- TEM cause under this amendment, as modi- ishes and undermines the very fun- Mr. KEMPTHORNE. Mr. President, I fied, it carries out the original lan- damental right that people have to the rise today to discuss Idaho’s Very High guage of this amendment, which says advice of counsel. Performance Backbone Network sys- that, ‘‘A counsel for a witness shall be So there is no tying up in knots in tem (vBNS). allowed to be present in the grand jury this amendment. The State of Idaho is in a strategic room only during the questioning of This amendment precludes any possi- position to increase its economic base the witness and only to advise the wit- bility that an attorney inside the by strengthening collaboration on re- ness, and shall not be permitted to ad- grand jury room will address the court, search and development projects be- dress the attorney for the government, will address the grand jurors, will ad- tween the state’s universities, state or any grand juror, or otherwise par- dress the prosecutor. All that is per- government and business and industry. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8649 The U of I was approved, pursuant to a floor manager of the bill a question. COORDINATED DRUG STRATEGY July 31, 1997, submission, for connec- Potentially, one of the most important Mr. HATCH. Mr. President, I would tion to the National Science Founda- programs funded under the Commerce, ask to engage the Senator from New tion’s very high performance Backbone State and Justice appropriations bill is Hampshire, Mr. GREGG, and the Sen- Network Service (vBNS). The proposed the Information Infrastructure Grants ator from Delaware, Mr. BIDEN, in a statewide network would connect the program. This grants program recog- brief colloquy regarding a portion of University of Idaho with Idaho State nizes the need for assistance to ensure the report which accompanies the bill, University, Boise State University, that the American public has full ac- directing the Attorney General to de- state government and industrial part- cess to and benefits from the techno- velop a 5-year interdepartmental drug ners such as Micron and Hewlett-Pack- logical advances that are taking place control strategy. Both Senator BIDEN ard. For appropriate research purposes, in telecommunications and net- and I believe that this provision may this Intranet could connect through working. Certainly, the new universal be misinterpreted, and I request the the UI to the vBNS. The Intranet could service provisions will make many con- Senator’s assistance in providing some also be used for distance learning, con- tributions to the K–12 education com- clarification. As a general matter, I ferencing, collaborative and other re- munity, the library community and have long believed that an effective na- lated purposes. the health care community. But, there tional drug strategy can best be devel- With an Idaho Intranet, Idaho edu- are also a number of other tele- oped and implemented if we have one cators will have access to the next gen- communications and networking ac- responsible official charged with that eration of teaching/learning tools and tivities which could be of particular duty. materials available under Internet2 benefit, especially in some of the more Mr. BIDEN. I agree. And, as both my (I2), to be used for K–12 and higher edu- rural states, such as mine. colleagues know, the Office of National cation. It will support continuing pro- Drug Control Policy (ONDCP) was es- In my home State of Idaho, for exam- fessorial education, as well as industry tablished by Congress in 1988 for pre- ple, the University of Idaho recently workforce development, training and cisely the purpose of coordinating the re-training. was awarded a vBNS high speed con- federal government’s anti-drug pro- With the Idaho Intranet, Idaho busi- nections grant by the National Science gram. nesses will be able to take advantage of Foundation and accepted an invitation Mr. HATCH. That is true, but the re- the advanced networking capabilities to participate in the Internet2 pro- port language seems to suggest that that is the goal of the I2 program. The gram. This will give our university re- the Attorney General assume some of Intranet would provide a tremendous searchers access to databases through- these responsibilities. Is this how the opportunity to strengthen Idaho’s rural out the nation and world, allow for re- Committee meant for its guidance to economic base. The state’s businesses mote use of scientific instruments and be interpreted? will have access to ground floor par- set the stage for many new collabora- Mr. GREGG. I appreciate both Sen- ticipation in the next level of internet tions. The UI has proposed establishing ators’ concerns on this subject. Al- commerce. Abilene and vBNS will pro- an Idaho Intranet to ensure that the though I see how it might be possible vide access to early product develop- people of rural Idaho will be able to to read this into the Committee’s Re- ment, testing and market entry. Ac- benefit from the resulting access to port, this is not the Committee’s in- cess to virtual conferencing would give education, medical information, and tent. The Department of Justice, like businesses like Jerome Cheese Com- business opportunities, which are an- all Executive Agencies, is to develop a pany in Jerome, Idaho, the opportunity ticipated as a result of the advanced meaningful strategic plan and perform- to be in ‘‘real-time’’ video contact with networking capacity. ance measures under the Government its customers in Tokyo, Japan. I believe the distinguished floor man- Performance and Results Act (GPRA). Also, the Idaho Intranet will help ager and his subcommittee have re- In so doing, the Committee wants to be telemedicine become a reality, improv- viewed the information infrastructure certain that these GPRA efforts are ing rural healthcare and helping to ad- grants program in some detail and be- consistent with the National Drug Con- dress the shortage of doctors in rural lieve it has a particular role to play in trol Strategy and the ONDCP’s Per- Idaho. Idaho ranks last in the nation in our telecommunications and net- formance Measures of Effectiveness numbers of doctors serving rural popu- working efforts. System (PME). The Department of Jus- lation healthcare needs—the national Mr. GREGG. Yes, that is true. In tice must demonstrate how its own average is 93 physicians per 100,000 peo- fact, in the report, the Committee drug programs contribute to the ple. Idaho stands at 63 per 100,000, a identified several projects in rural achievement of outcomes articulated third less than the national average, states around the country and encour- in the ONDCP’s PME system. To en- according to a recent study. We must aged the NTIA to give particular atten- sure this, the Attorney General must change that and the Intranet will help. tion to these requests for funding as- work closely with ONDCP on the fur- With this funding, the state’s sistance under the IIG program. ther implementation of the National schools, colleges and businesses will Mr. KEMPTHORNE. Mr. Speaker, the Drug Control Strategy and PME sys- have access to the I2 to test new prod- tem, particularly by linking its drug ucts and materials. The UI WWAMI UI’s proposal would give rural Idaho- ans, who must deal with the lowest control budget resources to the out- program, for example, is developing an comes articulated by the PME system. advanced web site with videos of ani- physician to patient ratio in the na- tion, access to better health care. It The Justice Department should also mal anatomy that will allow students consult with other departments with would give my state’s rural economy a to learn about anatomy without using expertise in particular drug control boost with real-time access to its cus- live animals. Current internet tech- areas, to the extent that it needs as- tomers. It would provide key commu- nology is not adequate to handle the sistance in meeting PME system goals. amount of information placed on the nications links between the state’s Mr. HATCH. As the sponsor, along site, but I2 access will make it a viable education institutions, businesses and with the Senator from Delaware, of educational tool available around the state governments. Would you agree legislation pending on the floor which state. that the University of Idaho’s proposal, would reauthorize the Office of Na- The result of an Idaho Intranet will to establish an Idaho Intranet and pro- tional Drug Control Policy, and main- be not only research and learning op- vide access to the benefits of the infor- tain its duty to formulate and imple- portunities, but job creation and busi- mation and technology to be available ment the National Drug Control Strat- ness competitiveness for the state of under programs such as the vBNS and egy and Performance Measures of Ef- Idaho, and improved quality of life for Abilene, is consistent with the Com- fectiveness System, I agree that the the people of Idaho. It is for this rea- mittee’s proposals under the Informa- Department of Justice should assist son, Mr. President, that I ask for the tion Infrastructure Grants program? ONDCP in these important tasks. Senate’s support for this project. Mr. GREGG. Yes, I would agree that Mr. BIDEN. I concur. IDAHO INTRANET the NTIA should give the same consid- Mr. HATCH. So, if I correctly under- Mr. KEMPTHORNE. Mr. President, I eration to the UI’s proposal as to the stand the Senator from New Hamp- would like to ask the distinguished listed proposals. shire, it is not then the Committee’s S8650 CONGRESSIONAL RECORD — SENATE July 21, 1998 intent to place the Attorney General in with the Cooperative Institute to de- ernment agencies and severely limits charge of formulating the National velop a plan and budget which will help their ability to recover costs from Drug Control Strategy? ensure public safety and assist with the those agencies which they are assist- Mr. GREGG. No, quite the contrary. operations of the Games. The 2002 Win- ing. This law even limits the ability of ONDCP is to continue in its important ter Games represents an excellent op- neighboring jurisdictions to enter into work, and the Department of Justice is portunity for the National Weather mutual aid agreements. to provide ONDCP with such assistance Service and the Cooperative Institute Let me give a typical example of how as it may need to develop and imple- to work with private meteorological the current law is operating. In my ment the National Drug Control Strat- firms and federal, state, and local agen- State of Florida, it is not uncommon to egy and the Performance Measures of cies to provide accurate weather fore- have one medium-sized county which is Effectiveness System. casting for the Games. surrounded by a number of smaller ju- Mr. BIDEN. I thank the Senator for Mr. GREGG. The Senator from Utah risdictions. That medium-sized county clarifying the Committee’s intent on is correct in his understanding. The has the capability to make an applica- this important issue. Committee appreciates the importance tion and secure surplus Government Mr. HATCH. I also thank the Senator of the involvement of the National property, frequently a helicopter. That from New Hampshire for addressing my Weather Service in preparing for the helicopter is used in a variety of public concerns on this issue. 2002 Winter Olympic Games. safety and law enforcement activities, GRAVEYARD OF THE ATLANTIC MUSEUM The PRESIDING OFFICER. The Sen- often under the jurisdiction of the local Mr. FAIRCLOTH. I wish to enter into ator from Florida. sheriff. It may be that one of those smaller counties has a need for a heli- a colloquy with Senator GREGG in AMENDMENT NO. 3244 copter or other aviation support. order to clarify a spending item in the (Purpose: To amend section 40102 of title 49, pending Commerce, Justice, State Ap- An example of that is, in the north- United States Code, to modify the defini- ern part of our State we have had in- propriations bill. tion of the term ‘‘public aircraft.’’) stances in which locally grown mari- I commend the Chairman on this bill, Mr. GRAHAM. Mr. President, I send and for his attention to providing fund- juana has become a serious law en- an amendment to the desk. forcement problem. In order to identify ing to the Graveyard of the Atlantic The PRESIDING OFFICER. Without Museum, a public, nonprofit, edu- that marijuana and effectively eradi- objection, the Bumpers amendment cate it, the helicopter is an enormous cational institution, designed for Hat- will be set aside. The clerk will report. teras Island, one of North Carolina’s law enforcement asset. Yet, under the The legislative clerk read as follows: current law, if the sheriff from that Outer Bank islands. The Museum is The Senator from Florida [Mr. GRAHAM] dedicated to the preservation, advance- smaller community wishes to contract, for himself and Mr. DEWINE, proposes an either on an individual case basis or ment and presentation of the maritime amendment numbered 3244. through a mutual aid agreement, with history and shipwrecks of the Outer Mr. GRAHAM. Mr. President, I ask that medium-sized county to get a cer- Banks, from 1524 until the present. unanimous consent that reading of the tain number of hours of utilization of Over three million tourists visit the amendment be dispensed with. Outer Banks each year, the vast major- the helicopter and they agree to reim- The PRESIDING OFFICER. Without burse the medium-sized county for the ity of them interstate visitors. It is ex- objection, it is so ordered. cost of that operation, they are in vio- pected that approximately 100,000 tour- The amendment is as follows: lation of the conditions under which ists would visit the Museum, thus pay- At the appropriate place in title II, insert the medium-sized county secured the ing the full cost of running it, since a the following: helicopter in the first place and sanc- modest fee would be charged. SEC. 2 . PUBLIC AIRCRAFT. tions might be imposed upon the me- The Museum has received federal, The flush sentence following subparagraph dium-sized county’s sheriff and their state, local and private funding in the (B)(ii) of section 40102(37) of title 49, United capacity to provide effective law en- past. Earlier this decade, Congress ap- States Code, is amended by striking ‘‘if the forcement for their smaller neighbor- propriated $800,000 from NOAA’s con- unit of government on whose behalf the oper- ing communities. struction budget towards this project. ation is conducted certifies to the Adminis- At the very time when law enforce- I wish to clarify that the bill’s provi- trator of the Federal Aviation Administra- ment faces the growing sophistication sion of $1,500,000 from NOAA’s facilities tion that the operation was necessary to re- spond to a significant and imminent threat and organization of criminals, the Fed- budget to the ‘‘Outer Banks Commu- eral Government should not be placing nity Foundation on the condition that to life or property (including natural re- sources) and that no service by a private op- increased mandates on our law enforce- these funds are matched by a non-Fed- erator was reasonably available to meet the ment officials. Today, law enforcement eral source’’ is intended solely to be threat’’ and inserting ‘‘if the operation is officials are forced to call around and passed through to the Museum. conducted for law enforcement, search and check the availability of a private pilot Mr. GREGG. That is correct, and I rescue, or responding to an imminent threat and commercial aircraft before sending to property or natural resources’’. appreciate my colleague from North out the helicopter of that medium- Mr. GRAHAM. Mr. President, this Carolina bringing this matter to my sized county. Only if no one is avail- evening I rise to offer an amendment attention. I look forward to working able can law enforcement officials re- with my distinguished colleague, Sen- with him until this worthy project is spond to the scene. completed. ator DEWINE. This amendment is in- Under this amendment, public agen- Mr. BENNETT. Mr. President, the tended to assist law enforcement in cies would be permitted to recover distinguished Chairman is aware of the doing a better job of protecting our costs incurred by operating aircraft to importance of weather forecasting sup- citizens and the public safety. assist other jurisdictions for the pur- port for the 2002 Winter Olympics in The background of this amendment poses of law enforcement, search and Salt Lake City. I appreciate the con- goes back to 1994. Congress made what rescue, or imminent threat to property tinued support of the Committee with I think was an error when it passed or natural resources. these important preparations for the Public Law 103–411. Under this law, air- I might say, we just have had a dra- 2002 Winter Olympics. Millions of spec- craft belonging to law enforcement matic example of that threat to prop- tators will gather in mountain venues. agencies are considered to be ‘‘com- erty or natural resources in the num- Obviously, accurate and timely weath- mercial’’ if costs incurred from flying ber of wildfires we have experienced er forecasting support is critical to en- missions to support neighboring juris- across our State, many of them occur- sure the safety of both the spectators dictions are reimbursed. ring in precisely these smaller counties and the athletes. As you know, the Unfortunately, this law has placed that are limited in their capability to Committee directs the National Weath- unnecessary restrictions and costly respond. er Service to provide support to the burdens on Government agencies which Mr. President, law enforcement orga- NOAA Cooperative Institute at the operate public aircraft, particularly nizations are strongly supporting this University of Utah. It is my under- law enforcement agencies. The law re- amendment. This legislation has been standing that the committee expects stricts those agencies from using their endorsed by the National Sheriffs Asso- the National Weather Service to work aircraft resources in assistance of Gov- ciation, the Airborne Law Enforcement July 21, 1998 CONGRESSIONAL RECORD — SENATE S8651 Association, the International Associa- Whereas, in 1994 Congress passed and the group to enhance the fair regulation and tion of Chiefs of Police, the Florida President signed Public Law 103–411, which safety of publicly operated aviation units, Sheriffs Association, and the California severely restricted Sheriffs’ ability to effec- while at the same time ensuring the legiti- State Sheriffs Association. tively utilize their aircraft in their mission; mate duties of government to provide the Some months ago, sheriffs from and most effective, cost efficient and profes- Whereas, the ostensible purpose for enact- sional aviation services to the public. throughout the country contacted my ment of Public Law 103–411 was the pro- Therefore be it resolved, This 30th day of No- office seeking help. From my home motion of aviation safety and that Public vember, 1995, that the Western States Sher- State of Florida, I have heard from Law 103–411 accomplished no appreciable iffs’ Association at their annual meeting in Sheriff Stephen M. Oelrich of Alachua aviation safety purpose; and Mesquite, Nevada go on record in support of County. Sheriff Oelrich stated, ‘‘Public Whereas, restrictions on the sharing of legislation that would modify Public Law Law 103–411 restricts the ability of a aviation resources result in reduced public 183–411 as set forth in this Resolution or to law enforcement aviation unit to assist safety and are poor fiscal and public policy; repeal the law in its entirety. Government jurisdictions or other gov- and Whereas, the California State Sheriffs’ As- RESOLUTION ernmental agencies. Instead, it man- sociation, in cooperation with the National Whereas, the Airborne Law Enforcement dates that a local government must Sheriffs’ Association, the International As- Association has as a majority of its members first turn to a costly private operator sociation of Chiefs of Police, the Western persons who are employed in all aspects of for air service.’’ State Sheriffs’ Association, the National As- law enforcement aviation operations; and This is by no means a problem in my sociation of State Foresters, the Airborne Whereas, those law enforcement aviation State of Florida alone. I have heard Law Enforcement Association, and many operations are a critically essential compo- this from sheriffs across the country. other State Sheriffs’ Associations support nent of modern law enforcement, especially Specifically, we have a resolution from amendments to Public Law 103–411 to correct as they relate to reducing crime, protecting the sheriffs of California. the law’s deficiencies; and and saving lives, and apprehending dan- Whereas, Representative Elton Gallegly of gerous criminals; and In the words of Sheriff Larry Car- Whereas, in 1994 the United States Con- penter of Ventura County CA, Public California has sponsored a bill in Congress and that bill is H.R. 1521, the Public Services gress passed and the President signed Public Law 103–411 has had ‘‘a chilling effect Aviation Act of 1997, now therefore; be it Law 103–411, severely restricting United on the ability of local governments to Resolved, That the California State Sher- States law enforcement’s ability to effec- provide safe, cost-effective and profes- iffs’ Association supports the passage and en- tively utilize aircraft in legitimate law en- sional air support capabilities to the actment of H.R. 1521, the Public Services forcement missions; and very citizens we serve.’’ Let me further Aviation Act of 1997 or its equivalent; and be Whereas, the stated purpose for enactment quote from an article that Sheriff Car- it also further of P.L. 103–411 was the promotion of aviation Resolved, That the California State Sher- safety and P.L. 103–411 accomplished no ap- penter wrote in the Summer 1996 issue preciable aviation safety purpose; and of California Sheriff: iffs’ Association executive director or her designee be authorized to transmit a copy of Whereas, restrictions on the sharing of The issue of ‘‘compensation’’ fuels this this resolution to all interested parties in- aviation resources imposed by P.L. 103–411 issue to a large degree. According to the cluding, but not limited to California’s con- has resulted in reduced public safety and is FAA interpretation of this law, a sheriff can- gressional delegation, House Speaker Newt poor fiscal and public policy; and not simply recover costs for flying a govern- Whereas, the Airborne Law Enforcement Gingrich, Senate Leader Trent Lott and the mental mission . . . which is ‘‘outside a com- Association, in cooperation with the Inter- Members of the House Committee on Trans- mon treasury.’’ This flies in the face of mu- national Association of Chiefs of Police, the portation and Infrastructure. tual aid agreements between public safety National Sheriffs’ Association and many agencies. For example, let’s say the Santa other similar associations, supports legisla- RESOLUTION Barbara Sheriff’s Department, which has no tion which would correct the deficiencies of aviation unit, contacts my aviation unit and The Western States Sheriffs’ Association P.L. 103–411; and requests our helicopter fly an observation represents over 200 Sheriffs of the eleven Whereas, Representative Elton Gallegly of and surveillance flight of a suspected drug western states. This association exists to California has sponsored a bill in Congress lab which their narcotics and SWAT teams promote the professionalism and dedication and that bill is H.R. 1521, the Public Services plan to raid in a few days. We fly the mis- of law enforcement and works to ensure that Aviation Act of 1997; and sion, undoubtedly with the Santa Barbara the public we serve receives the best in pub- Whereas, at its Annual Meeting on July 19, deputy sheriff on board, and charge Santa lic safety services. 1997, the ALEA general membership by unan- Barbara County only our cost. There is no Public Law 103–311 became law in April of imous vote authorized the Board of Directors profit involved. Obviously, this is a sensitive 1995. This measure has negatively impacted to issue a Resolution in support of H.R. 1521: law enforcement mission. Public Law 103–411 may publicly operated aviation units around Therefore be it: says we can no longer do this. Instead, a pri- the United States. For years, these units Resolved, That the Airborne Law Enforce- vate operator would need to be contracted at have provided safe, effective and life-saving ment Association supports passage and en- a higher cost to taxpayers. services to the public. actment of H.R. 1521, the Public Services This is only common sense that in- Public Law 103–411 sought to increase the Aviation Act of 1997; and be it: stead of restricting the ability of local level of regulation among aviation units Resolved, That the Airborne Law Enforce- which operate surplus military aircraft. Pub- law enforcement agencies to assist ment Association, failing passage and enact- lic Law 103–411 fails to enhance safety regu- ment of H.R. 1521, the Public Service Avia- each other, we should be facilitating lations in any significant way. The regula- tion Act of 1997, supports passage and enact- their ability to serve the public good in tions now in place serve only to increase the ment of legislation equivalent to H.R. 1521, as efficient and economical manner as marketplace of commercial aviation opera- the Public Services Aviation Act of 1997; and possible. tors who have chosen to conduct government be it: I urge the adoption of this amend- business. Profit has been prioritized over Resolved, That the Executive Director is ment. public safety. authorized to transmit a copy of this resolu- Mr. President, I ask unanimous con- The Western States Sheriff’s Association tion to all interested parties including, but sent that support from the California (WSSA) has recognized that Public Law 103– not limited to, Members of the United States State Sheriffs’ Association, from the 411, and the interpretation of this law by the House of Representatives and Members of Federal Aviation Administration, are not in the United States Senate. Western States Sheriffs’ Association, the best interests of the American public. from the Airborne Law Enforcement Further, it is recognized that several public RESOLUTION Association, from the National Sher- safety aviation associations have formed Whereas, the National Sheriffs’ Associa- iffs’ Association, and from the Florida task groups, networked, and made all efforts tion has many members who manage public Sheriffs Association be printed in the at initiating regulatory reform that is effec- service aviation operations; and RECORD. tive and meets the needs of the FAA in safe- Whereas, sheriffs’ aviation operations are There being no objection, the mate- ty reporting and regulation. critical to their ability to provide life-saving rial was ordered to be printed in the The Western States Sheriffs’ Association service to their constituents; and resolves that Public Law 103–411 is in need of Whereas, in 1994 Congress passed and the RECORD, as follows: serious review and/or immediate repeal. It is President signed P.L. 103–411, which severely RESOLUTION the view of the WSSA that the specific legis- restricted sheriffs’ ability to effectively uti- Whereas, the California State Sheriffs’ As- lative relief suggested by the Aviation Com- lize their aircraft in their mission; and sociation has many members who manage mittee of the National Sheriff’s Association Whereas, the ostensible purpose for enact- public service aviation operations; and provides the most realistic solution to this ments of P.L. 103–411 was the promotion of Whereas, Sheriffs’ Aviation operations are issue. aviation safety and P.L. 103–411 accomplish- critical to their ability to provide life-saving Aviation public safety members and rep- ment no appreciable aviation safety purpose; service to their constituents; and resentatives remain eager to work with any and S8652 CONGRESSIONAL RECORD — SENATE July 21, 1998 Whereas, restrictions on the sharing of SUPPORT OF PUBLIC SERVICES AVIATION ACT PRIVILEGE OF THE FLOOR aviation resources result in reduced public OF 1997 safety, and are poor fiscal and public policy; Whereas, air support is a vital component Mr. GRAHAM. Mr. President, I ask and of police operations; and, unanimous consent that Ms. Laurie Whereas, the National Sheriffs’ Associa- Whereas, hundreds of law enforcement Zastrow and Ms. Diane Trewin of our tion at San Antonio, Texas passed resolution office be granted the privilege of the 1995–13 strongly opposing the Independent agencies at the local, state and federal level Safety Board Act of 1994, now designated operate aircraft; and, floor for the duration of the consider- P.L. 103–411; and Whereas, in 1994 the United States Con- ation of the Commerce-State-Justice Whereas, the National Sheriffs’ Associa- gress passed and the President signed Public appropriations bill. Law 103–411, which severely restricted law tion, in cooperation with the International The PRESIDING OFFICER. Without Association of Chiefs of Police, the Airborne enforcement’s ability to effectively utilize Law Enforcement Association, the National aircraft in legitimate law enforcement mis- objection, it is so ordered. Association of State Foresters, the Western sions; and, Mr. DOMENICI. Mr. President, the States Sheriffs’ Association, and many other Whereas, the stated purpose of P.L. 103–411 Senate-reported Commerce, Justice, state sheriffs’ associations, supports amend- was the promotion of aviation safety yet of State, and the Judiciary Appropria- ments to P.L. 103–411 to correct the law’s de- P.L. 103–411 accomplished no appreciable tions bill, S. 2260, represents the excel- ficiencies; and gain in aviation safety; and, Whereas, Representative Elton Gallegly of lent work of my distinguished col- Whereas, restrictions on the sharing of league from New Hampshire, Sub- California has sponsored a bill in Congress aviation resources imposed by P.L. 103–411 and that bill is H.R. 1521, the Public Services has resulted in reduced public safety and is committee Chairman GREGG. It is a dif- Aviation Act of 1997; and therefore, be it poor fiscal and public policy; and, ficult task to balance the competing Resolved, That the National Sheriffs’ Asso- Whereas, the National Sheriff’s Associa- program requirements funded in this ciation supports passage and enactment of bill, and he and his staff are to be com- H.R. 1521, the Public Services Aviation Act tion, Airborne Law Enforcement Association of 1997 or its equivalent; and therefore, be it and many other associations representing mended for their efforts to present a further public aircraft operators support legislation sound and equitable measure for the Resolved, That the NSA Executive Director that would correct P.L. 103–411; and, Senate’s consideration. Whereas, H.R. 1521, the Public Services or his designee be authorized to transmit a When outlays from prior-year budget copy of this resolution to all interested par- Aviation Act of 1997; is currently before Con- ties including, but not limited to, Members gress, and authority and other completed actions of the United States House of Representa- Whereas, H.R. 1521 corrects the deficiencies are taken into account, the bill totals tives and Members of the United States Sen- of P.L. 103–411; now, therefore be it, $33.2 billion in budget authority and ate. Resolved, That the International Associa- $31.8 billion in outlays for fiscal year tion of Chiefs of Police supports the passage 1999. FLORIDA SHERIFFS ASSOCIATION, and enactment of H.R. 1521, the Public Serv- The bill is within the revised Senate Tallahassee, FL, May 28, 1998. ices Aviation Act of 1997 or its equivalent; Hon. BOB GRAHAM, and be it further, Subcommittee’s Section 302(b) alloca- Hart Senate Office Building, Resolved, That the Executive Director or tion for both budget authority and out- Washington, DC. his designee be authorized to transmit a lays. It is $10 million in budget author- DEAR SENATOR GRAHAM: The purpose of copy of this resolution to all interested par- ity and $6 million in outlays below the this correspondence is to thank you for your ties including, but not limited to, members 302(b) allocation. It is $1.4 billion in support and personal involvement in correct- of the United States House of Representa- ing the problems created by the passage of budget authority and $2.6 billion in tives and the United States Senate. Public Law 103–441. The correction of these outlays above the 1998 level. problems will allow not only the Sheriffs of The PRESIDING OFFICER. The Sen- I today submit a table displaying the Florida, but also the Sheriffs across this Na- ator from New Hampshire. Budget Committee scoring of this bill. tion, to carry out their lawful duties and to Mr. GREGG. Mr. President, the Sen- It is a pleasure serving on the Appro- utilize agency aircraft to better serve the ator from Florida has brought forward public safety of our citizens. priations Subcommittee with Chair- a very good amendment. It is our hope Sheriff Tom Mylander, Hernando County, man GREGG. I appreciate the consider- has requested that I forward to you the en- we could agree to it. At this time, be- ation he gave to issues I brought before closed information concerning the utiliza- cause of the potential of a CBO scoring the Subcommittee, as well as his atten- tion of aircraft as it relates to juvenile or which could impact the underlying bill, tion to the many important programs gang related activities. This information was it is impossible for us to do so. So our contained in this bill. requested by a member of your staff. proposal would be we keep this on the Please let us know if there is anything fur- list for a vote tomorrow morning, and I ask unanimous consent the table be ther that we might do to assist you in your printed in the RECORD. efforts. if we have not gotten the proper re- Sincerely, sponse we are comfortable with from There being no objection, the table J.M. ‘‘BUDDY’’ PHILLIPS, CBO, we can take the issue up at that was ordered to be pritned in the Executive Director. time and try to resolve it at that point. RECORD, as follows: S. 2260, COMMERCE-JUSTICE APPROPRIATIONS, 1999—SPENDING COMPARISONS—SENATE-REPORTED BILL (Fiscal Year 1999, $ millions)

Non- Manda- Defense defense Crime tory Total

Senate-Reported Bill: Budget authority ...... 335 26,775 5,514 554 33,178 Outlays ...... 320 26,285 4,688 555 31,848 Senate 302(b) allocation: Budget authority ...... 335 26,775 5,524 554 33,188 Outlays ...... 326 26,285 4,688 555 31,854 1998 level: Budget authority ...... 265 25,725 5,225 522 31,737 Outlays ...... 346 24,627 3,779 532 29,284 President’s request: Budget authority ...... 336 27,534 5,513 554 33,937 Outlays ...... 331 27,030 4,590 555 32,506 House-passed bill: Budget authority ...... Outlays ...... SENATE-REPORTED BILL COMPARED TO: Senate 302(b) allocation: Budget authority ...... ¥10 ...... ¥10 Outlays ...... ¥6 ...... ¥6 1998 level: Budget authority ...... 70 1,050 289 32 1,441 Outlays ...... ¥26 1,658 909 23 2,564 President’s request: Budget authority ...... ¥1 ¥759 1 ...... ¥759 Outlays ...... ¥11 ¥745 98 ...... ¥658 House-passed bill: Budget authority ...... 335 26,775 5,514 554 33,178 July 21, 1998 CONGRESSIONAL RECORD — SENATE S8653 S. 2260, COMMERCE-JUSTICE APPROPRIATIONS, 1999—SPENDING COMPARISONS—SENATE-REPORTED BILL—Continued (Fiscal Year 1999, $ millions)

Non- Manda- Defense defense Crime tory Total

Outlays ...... 320 26,285 4,688 555 31,848 NOTE: Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

Mr. GRAMS. Mr. President, I don’t serve our attention. The ‘‘Latin Amer- is where the similarities between wish to interrupt the debate on this ican’’ model primarily follows Chile’s Chile’s old and improved retirement bill, but as no one desires to speak experience. The Organization for Eco- programs ends. right now, I ask unanimous consent I nomic Cooperation and Development When Chile created the PSA system, be allowed to speak for up to 20 min- model, or ‘‘OECD,’’ is underway in the the existing system of having workers utes as in morning business. United Kingdom, Australia, Switzer- and employers pay social security The PRESIDING OFFICER. Without land, and Denmark. There is even a taxes to the government was com- objection, it is so ordered. third model—the ‘‘Notional Account″ pletely eliminated. Instead, workers Mr. GRAMS. Thank you, Mr. Presi- model—that has been adopted in coun- began to make a mandatory contribu- dent. tries such as Sweden, Italy, Latvia, tion in the amount of 10 percent of f China, and is on the verge of adoption their income to their own PSA. The old RETIREMENT SYSTEM: THE in Poland. employer taxes were then available to INTERNATIONAL EXPERIENCE These models have differences, and workers in the form of higher wages. the nations implementing them have Through this evolution from the old, Mr. GRAMS. Mr. President, in my differences as well—economic, politi- most recent statements before this hidden labor tax on workers to the new cal, and demographic. But they all PSA system, workers saw real gross Chamber about the Social Security share a common theme and were born system, I have taken time to discuss wages increase by five percent. Fur- out of the same fiscal crisis that is fac- thermore, it reduced the cost of labor— its history and the looming crisis, that ing the United States within the next it will shatter the retirement dreams and the economy prospered. decade. Like the U.S., each of these Under the PSA system, a worker has of our hard-working Americans. countries has an aging population, Mr. President, in my most recent great control over his or her retire- and—before the reforms—had an inabil- ment savings account. First, the work- statements before this chamber about ity to meet the future retirement needs the Social Security system, I discussed er has the ability to choose who will of their workforce. So in an effort to manage their fund from a pool of gov- its history and the looming crisis that avoid economic devastation for their will shatter the retirement dreams of ernment-regulated companies known people and their nation as a whole, as ‘‘AFPs.’’ This provides the worker hard-working Americans. Tonight, I they undertook various reforms that with the ability to move between man- would like to discuss Social Security are proving to be a win-win for both agers, while maintaining protections from a different perspective, by turning current and future retirees. our focus away from the coming crisis How did they do it? And what lessons from serious losses resulting from to look at the steps other nations have can we—as policy leaders—take from undiversified risk portfolios, theft, or taken to improve their own retirement their experiences and apply here at fraud. The resulting competition be- systems. I realize that it may be hard home as we grapple with the short- tween AFPs results in lower fees for to look outside ourselves for possible comings of our own retirement system? workers, higher returns averaging 12 solutions to the problems our Social These are some of the questions I will percent annually, and better service Security system is facing—after all, we address today in my remarks. The bot- —something that rarely occurs with are a nation that is typically at the tom line is that each nation faced the government plans. forefront of innovation. But if we set key challenges of taking care of those Second, each worker is empowered to aside our pride, we can learn volumes already retired or about to reach re- ensure the level of retirement income about the viable international options tirement age, ensuring that future re- they desire. Armed with a passbook before us. tirees benefitted from the changes, and and account statements, these workers Retirement security programs finding an affordable means of funding have the information necessary to fol- throughout the world will face a seri- the transition from a pay-as-you-go low their earnings growth and decide ous challenge in the 21st century due government retirement system to a fu- how to adjust their tax-free voluntary to a massive demographic change that ture financing mechanism. contributions in order to yield a spe- is now taking place. The World Bank Mr. President, I’ll begin with the cific annual income upon their retire- recently warned that, across the globe, Latin American model and in particu- ment. For example, the Chilean system ‘‘old-age systems are in serious finan- lar, focus on Chile’s experiences. Back was established to provide an annual cial trouble and are not sustainable in in the late 1970s, Chile realized that its income equivalent to 70 percent of life- their present form.’’ Europe, Japan, publicly financed pay-as-you-go retire- time income. However, under the PSA and the U.S. share the identical prob- ment system would soon be unable to system, income is averaging 78 percent. lem of postwar demographic shifts that meet its retirement promises. After a Third, workers can choose from two cannot sustain massively expensive so- national debate and extensive out- payout options upon retirement. A cial welfare programs. How to meet reach, the Chilean government ap- worker can leave his or her funds in this challenge is critical to providing proved a law to fully replace its system the PSA and take programmed with- retirement security while maintaining with a system of personalized Pension drawals from the account with the only sustainable, global, economic growth. Savings Accounts by 1980. Nearly two limitation based upon projected life- The crisis awaiting our Social Secu- decades later, pensions in Chile are be- time expectancy. Should the retiree die rity system is nearly as serious as that tween 50 to 100 percent higher than prior to exhausting the PSA fund, any faced by the European Union and they were under the old government excess amount is transferred to his or Japan. What is equally serious is that, system. Real wages have increased, her estate. The other scenario allows a while many other countries have personal savings rates have nearly tri- worker to use the PSA funds to pur- moved far ahead of us in taking steps pled, and the economy has grown at a chase an annuity from a private insur- to reform their old-age retirement sys- rate nearly double what it had prior to ance company. These annuities guaran- tems, Congress has yet to focus on this the change. tee a monthly income as well, and is problem. Some of the international ef- Under the Chilean plan, Pension Sav- indexed for inflation. In the event of forts are extremely successful; those ings Accounts, or PSAs, were created death, survivor benefits are provided to reforms may offer useful models as we to replace the old system and operate the workers’ dependents. They build an explore solutions to our Social Secu- much like a mutual fund. Like the old estate for their heirs. rity system. government plan, PSAs were to provide And finally, PSA accounts are not Currently, there are three basic mod- workers with approximately 70 percent automatically forfeited to the govern- els being implemented abroad that de- of their lifetime working income. That ment in the case of premature death or S8654 CONGRESSIONAL RECORD — SENATE July 21, 1998 disability of a worker. Under the Chil- ally allowed to take part in a new pri- reduce budgetary pressures facing the ean system, the fund managers provide vate, portable pension plan much like a system. By the mid-1980s, the Aus- an insurance protection through pri- 401(k). tralian government instituted a man- vate insurance companies. The fee is in To pay for the plan, a worker who datory savings plan called ‘‘super- addition to the 10 percent mandatory chooses to contract out receives a re- annuation funds.’’ In 1992, the program savings contribution, and ensures the bate equivalent to a portion of their matured into a new Superannuation PSA funds are not lost should a worker payroll taxes. This rebate amounts to Guarantee that is still a work in not reach full retirement age. about 4.6 percent of earnings and must progress. Personal accounts have brought per- be invested in an approved plan. Addi- During the transformation process, sonal freedom to Chile’s retirement tional contributions can be made—tax the Australian government took key system. Today, more than 93 percent of free—by employers and employees up steps to change its course. First, it the workforce participates in the to a combined total limit of 17.5 per- strengthened the income means-testing PSAs, which boast an accumulated in- cent of the individual’s income. As a for the old age pension. In doing so, the vestment fund of $30 billion. This is re- safety net, companies are required to government also added an asset test in markable when you consider Chile is a guarantee that workers who contract the calculations process. This was crit- developing nation of 14 million people out will receive a pension at least ical since the dependence on Social Se- with a GDP of $70 billion. Chile’s suc- equivalent to what they would have curity had contributed to the decline cess has paved the way for other Latin under SERPS, and are limited as to the in national savings. Second, the gov- American countries such as Argentina, amount that can be invested in the em- ernment made the new superannuation Peru, and Columbia and has sparked ployer’s own company. savings portable, and instituted a pen- the momentum for reform in Mexico, To address changing workforce alty for withdrawals before age 55. This Bolivia, and El Salvador. trends and not hold workers captive to provided new incentives for savings While individual accounts are prov- employer plans, the British govern- since workers could take their funds ing successful in Latin America, the ment created the ‘‘appropriate personal with them, and disincentives for spend- OECD model utilizes a ‘‘group’’ choice pension,’’ or APP, plan which would be ing one’s nest egg prior to retirement. approach as a key element. Rather available to workers, as well as to the Third, the government took steps to than allowing an individual to choose self-employed or unemployed. These build union investment into the sav- his or her own fund manager, the em- fully portable plans are much like the ings program. Rather than giving ployer or union trustee chooses for the employer plans, funded by the 4.6 per- workers wage increases, negotiators company or occupational group as a cent rebate in payroll taxes, and are an reached an agreement to provide a 3- whole. This approach most likely de- alternative to the occupational plan or percent contribution into a super- veloped from the fact that these re- the SERPS. As an incentive, the Brit- annuation fund for all employees and forms were politically easier to ‘‘add- ish government offered an additional called for such guarantees to be built on’’ to the existing government pay-as- ‘‘payroll tax rebate’’ above the stand- into all future labor contracts. Fourth, you-go pension tier. Furthermore, re- ard rebate during the APPs infancy. the government expanded coverage of form leaders worked closely with union This made these fully portable APPs the superannuation fund to virtually leaders when they began to implement attractive options for younger workers. all workers, and every employer is re- the next tier of private plans, and then While there are many safeguards—in- quired to contribute a set amount to moved the reform sector by sector. cluding the ability for former SERPS the fund on the employees’ behalf. The The movement began during the 1980s workers to opt back into the govern- required amount is currently 3 percent in the United Kingdom. Since the end ment-run program—the success of the and will grow to 9 percent by 2002. of World War II, the British had a English system has been overwhelm- Since the beginning of the Australian basic, flat rate, non-means tested gov- ing. When the transformation began, reform, additional changes have oc- ernment pension for all who paid into analysts expected a participation rate curred. Today, workers have more the national insurance plan. By the of a half million workers, growing to choices between which superannuation 1970s, a new tier was added to bridge a 1.75 million over time. Today, nearly 73 fund their mandatory savings can be gap between those covered by private percent of the workforce participates invested in. Additional tax relief has pensions and those without them. This in private plans, boasting a total pool been provided for voluntary savings, State Earnings Related Pension worth more than $1 trillion. The result- but savings are not tax-free when in- Scheme, or SERPS, promised—in ex- ing economic growth and ability to vested. As Australia reviews its overall change for a payroll tax—an earnings- control entitlement spending has ana- tax structure, however, there have based pension of 25 percent of the best lysts predicting the United Kingdom been discussions about making con- 20 years of earnings, in addition to the will pay off its national debt by 2030. In tributions tax-free and deferring tax- Basic State Pension. case any of my colleagues have forgot- ation until the funds are withdrawn. However, like other nations, the gov- ten, that is about the same time our Another key issue was the total elimi- ernment pension plan was facing bank- Social Security trust fund is antici- nation of early withdrawal. Because a ruptcy and reform was critical to the pated to go bankrupt. retirement safety net remains in place, future security of its workers and of Similarly, Australia has found much the goal here was to eliminate a work- the nation as a whole. Under the lead- success in transforming its government er from ‘‘double dipping’’—collecting ership of Social Security Secretary pay-as-you-go pension plan to a more from the savings fund, then coming Peter Lilley, the British system self-directed plan. By the 1980s, its ex- back to the government for a pension evolved and began to enable individ- isting retirement plan offered a full at age 65. uals to choose the option of a new, self- pension for all Australians over age 69, The Australian reforms are consid- financing private pension plan. although most qualified to begin draw- ered a successful example of the OECD Under the British plan, current retir- ing benefits by age 60 for women and 65 model. And as more initiatives are im- ees were protected, but current work- for men. Like its international neigh- plemented, it will likely continue to ers were given a choice of pension bors, Australia was facing a future fi- prove profitable for future retirees plans. Those workers had the option of nancial situation that threatened ‘‘down under.’’ either staying in the SERPS program worker retirement security and Aus- The final example I would like to or contracting out to a private fund. If tralia’s standing in the global econ- touch upon is the ‘‘notional account’’ a worker chose to remain within omy. model—like the system in Sweden. SERPS, they would receive a reduced As Australia began to review its op- Under this plan, workers receive a pension amounting to 20 percent of tions, three goals emerged. Whatever passbook that reflects their defined their best 20 years of earnings. How- changes were made, the new system contributions and the interest being ever, if a worker contracted out of the had to provide more benefits for future accumulated over time, but there are SERPS, they were given the oppor- retirees than they would receive under no real assets in the account. The fund tunity to participate in an occupa- the current plan; it had to increase na- is just a ‘‘notion’’ of what it would be tional pension plan, and were eventu- tional savings, and any new plan had to if it were funded. In some respects, it July 21, 1998 CONGRESSIONAL RECORD — SENATE S8655 might be compared to the Personal well-being in the future and, as a re- have worked to assist with presiding Earnings Benefit Statements U.S. sult, threatens our well-being today, it difficulties when scheduling difficulties workers receive from the Social Secu- is the Social Security crisis. That oc- arose. rity Administration. The up-side is curs as a function of demographics; be- It is with sincere appreciation that I there is no transition cost for a nation ginning in the year 2008, the Social Se- announce to the Senate the latest re- to move from a government-run, pay- curity system in this country pays cipient of the Golden Gavel Award— as-you-go system to a notional pay-as- more out than it is taking in. It begins Senator JEFF SESSIONS. you-go system. The downside is that that cost expansion dramatically as it f the funds remain at risk, as do future moves into the period 2015, and by the THE VERY BAD DEBT BOXSCORE retirees. The bottom line here is that year 2029–2030 the system is bankrupt reforms have to be real if we are going and the Nation is unable to afford the Mr. HELMS. Mr. President, at the to see any long-term benefit for work- costs of it. close of business yesterday, Monday, ers. It is absolutely essential that we July 20, 1998, the federal debt stood at Mr. President, it is clear that what- guarantee our children and the postwar $5,532,950,037,759.42 (Five trillion, five ever the specifics, reforms are being baby-boom generation which is about hundred thirty-two billion, nine hun- implemented abroad that are proving to go into the system a chance to have dred fifty million, thirty-seven thou- to be a great success for both today’s a viable Social Security system. sand, seven hundred fifty-nine dollars retirees and tomorrow’s. I hope we Some of the ideas the Senator from and forty-two cents). have learned that we are not operating Minnesota has outlined are excellent Five years ago, July 20, 1993, the fed- in a vacuum here—that there are real approaches to this. I congratulate him, eral debt stood at $4,335,448,000,000 models out there for us to review and obviously, for the intensity of thought (Four trillion, three hundred thirty- consider. and energy he has put into this issue. I five billion, four hundred forty-eight For the United States to be success- hope he will take an opportunity to re- million). ful in the reforms it undertakes to en- view a bill which I have cosponsored Ten years ago, July 20, 1988, the fed- sure retirement security, there are four along with Senator BREAUX from Lou- eral debt stood at $2,553,113,000,000 (Two key principles we must uphold. First, isiana to try to address this, which bill trillion, five hundred fifty-three bil- we must protect all current and near- provides long-term solvency for the lion, one hundred thirteen million). term retirees. Our government made a next 100 years. I include some of the Fifteen years ago, July 20, 1983, the promise to them, and we must ensure ideas outlined by the Senator from federal debt stood at $1,329,282,000,000 any transformation we pursue does not Minnesota. (One trillion, three hundred twenty- impact the decisions they have made In any event, the thoughts of the nine billion, two hundred eighty-two for their golden years. Senator from Minnesota were ex- million). Second, we must ensure that any pro- tremely insightful and very appro- Twenty-five years ago, July 20, 1973, posal holds the promise of improved priate, and I hope people have a chance the federal debt stood at $455,844,000,000 benefits—and greater retirement secu- to read them and review them as we go (Four hundred fifty-five billion, eight rity—for future retirees. forward. hundred forty-four million) which re- Today’s younger generations have I yield the floor. flects a debt increase of more than $5 every right to be skeptical about gov- f trillion—$5,077,106,037,759.42 (Five tril- ernment promises to revamp a system lion, seventy-seven billion, one hun- they expect to go bankrupt. They need MORNING BUSINESS dred six million, thirty-seven thou- to know there is a solution that pro- Mr. GREGG. Mr. President, I ask sand, seven hundred fifty-nine dollars vides retirement security for them. unanimous consent that there now be a and forty-two cents) during the past 25 Third, any proposal should encourage period for morning business. years. personal choice by allowing individuals The PRESIDING OFFICER. Without f to establish personal retirement ac- objection, it is so ordered. HONORING BRUCE ABSHEER counts. Mr. GRAHAM addressed the Chair. Fourth, the government must not The PRESIDING OFFICER. The Sen- Mr. ASHCROFT. Mr. President, I rise turn to tax increases to fund our pur- ator from Florida. today to commend Bruce Absheer for suit of retirement security. The PRESIDING OFFICER. The Sen- his lifetime service to the Federal Bu- Finally, we must recognize that any ator from Florida is recognized. reau of Alcohol, Tobacco, and Firearms change will require courage. We must Mr. GRAHAM. I thank the Chair. (ATF) in St. Louis, Missouri. On July 4, admit to ourselves we have a system (The remarks of Mr. GRAHAM, Mr. 1998, Mr. Absheer retired as ATF In- that is fine today but is a time bomb GRASSLEY, and Mr. BAUCUS, pertaining spector from the St. Louis Office of the waiting to explode. The decisions ahead to the introduction of S. 2339 are lo- Bureau, ending 31 years of dedicated will not be easy; if they were, they cated in today’s RECORD under ‘‘State- service as a federal employee. would have been made already. But the ments on Introduced Bills and Joint Mr. Absheer began his career with debate must begin somewhere. Resolutions.’’) the Federal Bureau of Alcohol, To- On August 14, this nation will recog- f bacco, and Firearms on May 1, 1967. nize the 63rd anniversary of Congress’ During his long tenure as an Inspector, approval of the Social Security system. SENATOR JEFF SESSIONS Bruce conducted on-site alcohol, to- It is my hope that we will mark the oc- RECEIVES GOLDEN GAVEL AWARD bacco, firearms, and explosives inspec- casion by engaging in a national debate Mr. LOTT. Mr. President, today, the tions of these regulated industries. The over how we can transform our ailing Senate pauses to recognize Senator inspections included examinations, system into a vibrant retirement pro- JEFF SESSIONS, who has now presided analysis, and reports on operations to gram for generations to come. over the Senate for one hundred hours evaluate compliance with the applica- I thank the Chair. I yield the floor. during the 105th Congress. It is a long- ble laws and regulations. Mr. GREGG. Mr. President, even standing tradition in the U.S. Senate Through his work, Mr. Absheer rep- though it has nothing to do with this to award these members with the gold- resented ATF with integrity, loyalty, bill, I would like to congratulate the en gavel. and professionalism. His commitment Senator from Minnesota for his truly Since the 1960’s, the golden gavel has to excellence earned him the ATF Em- superb analysis of the Social Security served to mark a Senator’s 100th pre- ployee of the Year for the Midwest re- issue and especially the information he siding hour and continues to represent gion in 1987, setting new standards. brings to this Senate relative to other our appreciation for the time that As our nation looks to individuals to countries that have pursued reform of these dedicated members contribute to become more active in the workforce, I their pension programs. presiding over the U.S. Senate—a very commend Bruce Absheer for his out- There is no question but if there is a important duty. standing performance and service and single issue of fiscal policy which most With respect to presiding, Senator thank him for his dedication to Amer- threatens this country’s economic SESSIONS and his conscientious staff ica. We wish him the very best as he S8656 CONGRESSIONAL RECORD — SENATE July 21, 1998 moves on to face new challenges, op- with the Secretary of State and the At- (the ‘‘TSRs’’ or the ‘‘Regulations’’) (61 portunities, and rewards. torney General, to be owned or con- Fed. Reg. 3805, February 2, 1996). The f trolled by, or to act for or on behalf of, TSRs implement the President’s dec- any other person designated pursuant laration of a national emergency and MESSAGES FROM THE PRESIDENT to the Order (collectively ‘‘Specially imposition of sanctions against certain Messages from the President of the Designated Terrorists’’ or ‘‘SDTs’’). persons whose acts of violence have the United States were communicated to The Order further prohibits any purpose or effect of disrupting the Mid- the Senate by Mr. Williams, one of his transaction or dealing by a United dle East peace process. There have been secretaries. States person or within the United no amendments to the TSRs, 21 C.F.R. EXECUTIVE MESSAGES REFERRED States in property or interests in prop- Part 595, administered by the Office of As in executive session the Presiding erty of SDTs, including the making or Foreign Assets Control of the Depart- Officer laid before the Senate messages receiving of any contribution of funds, ment of the Treasury, since my report from the President of the United goods, or services to or for the benefit of January 28, 1998. States submitting one withdrawal and of such persons. This prohibition in- 4. Since January 25, 1995, OFAC has sundry nominations which were re- cludes donations that are intended to issued six licenses pursuant to the Reg- ferred to the appropriate committees. relieve human suffering. ulations. These licenses authorize pay- Designations of persons blocked pur- (The nominations received today are ment of legal expenses and the dis- suant to the Order are effective upon printed at the end of the Senate pro- bursement of funds for normal expendi- the date of determination by the Sec- tures for the maintenance of family ceedings.) retary of State or her delegate, or the members, the employment and pay- f Director of the Office of Foreign Assets ment of salary and educational ex- REPORT CONCERNING THE NA- Control (OFAC) acting under authority penses, payment for secure storage of TIONAL EMERGENCY WITH RE- delegated by the Secretary of the tangible assets, and payment of certain SPECT TO TERRORISTS WHO Treasury. Public notice of blocking is administrative transactions, to or for THREATEN THE MIDDLE EAST effective upon the date of filing with individuals designated pursuant to Ex- PEACE PROCESS—MESSAGE the FEDERAL REGISTER, or upon prior ecutive Order 12947. FROM THE PRESIDENT—PM 146 actual notice. 5. The expenses incurred by the Fed- Because terrorist activities continue eral Government in the 6-month period The PRESIDING OFFICER laid be- to threaten the Middle East peace proc- from January 23 through July 22, 1998, fore the Senate the following message ess and vital interests of the United that are directly attributable to the from the President of the United States in the Middle East, on January exercise of powers and authorities con- States, together with an accompanying 21, 1998, I continued for another year ferred by the declaration of the na- report; which was referred to the Com- the national emergency declared on tional emergency with respect to orga- mittee on Banking, Housing, and January 23, 1995, and the measures that nizations that disrupt the Middle East Urban Affairs. took effect on January 24, 1995, to deal peace process, are estimated at ap- To the Congress of the United States: with that emergency. This action was proximately $165,000. These data do not I hereby report to the Congress on taken in accordance with section 202(d) reflect certain costs of operations by the developments concerning the na- of the National Emergencies Act (50 the intelligence and law enforcement tional emergency with respect to ter- U.S.C. 1622(d)). communities. 2. On January 25, 1995, the Depart- rorists who threaten to disrupt the 6. Executive Order 12947 provides this ment of the Treasury issued a notice Middle East peace process that was de- Administration with a tool for combat- listing persons blocked pursuant to Ex- clared in Executive Order 12947 of Jan- ing fundraising in this country on be- ecutive Order 12947 who have been des- uary 23, 1995. This report is submitted half of organizations that use terror to ignated by the President as terrorist pursuant to section 401(c) of the Na- undermine the Middle East peace proc- organizations threatening the Middle tional Emergencies Act, 50 U.S.C. ess. The Order makes it harder for such East peace process or who have been groups to finance these criminal activi- 1641(c), and section 204(c) of the Inter- found to be owned or controlled by, or national Emergency Economic Powers ties by cutting off their access to to be acting for or on behalf of, these sources of support in the United States Act (IEEPA), 50 U.S.C. 1703(c). terrorist organizations (60 Fed. Reg. 1. On January 23, 1995, I signed Exec- and to U.S. financial facilities. It is 5084, January 25, 1995). The notice iden- also intended to reach charitable con- utive Order 12947, ‘‘Prohibiting Trans- tified 31 entities that act for or on be- actions with Terrorists Who Threaten tributions to designated organizations half of the 12 Middle East terrorist or- and individuals to preclude diversion of To Disrupt the Middle East Peace ganizations listed in the Annex to Ex- Process’’ (the ‘‘Order’’) (60 Fed. Reg. such donations to terrorist activities. ecutive Order 12947, as well as 18 indi- Executive Order 12947 demonstrates 5079, January 25, 1995). The Order viduals who are leaders or representa- the determination of the United States blocks all property subject to U.S. ju- tives of these groups. In addition, the to confront and combat those who risdiction in which there is any inter- notice provided 9 name variations or would seek to destroy the Middle East est of 12 terrorists organizations that pseudonyms used by the 18 individuals peace process, and our commitment to threaten the Middle East peace process identified. The list identifies blocked the global fight against terrorism. I as identified in an Annex to the Order. persons who have been found to have shall continue to exercise the powers The Order also blocks the property and committed, or to pose a significant at my disposal to apply economic sanc- interests in property subject to U.S. ju- risk of committing, acts of violence tions against extremists seeking to de- risdiction of persons designated by the that have the purpose or effect of dis- stroy the hopes of peaceful coexistence Secretary of State, in coordination rupting the Middle East peace process between Arabs and Israelis as long as with the Secretary of the Treasury and or to have assisted in, sponsored, or these measures are appropriate, and the Attorney General, who are found provided financial, material or techno- will continue to report periodically to (1) to have committed, or to pose a sig- logical support for, or services in sup- the Congress on significant develop- nificant risk of committing, acts of vi- port of, such acts of violence, or are ments pursuant to 50 U.S.C. 1703(c). olence that have the purpose or effect owned or controlled by, or act for or on WILLIAM J. CLINTON. of disrupting the Middle East peace behalf of other blocked persons. The THE WHITE HOUSE, July 21, 1998. process, or (2) to assist in, sponsor, or Department of the Treasury issued f provide financial, material, or techno- three additional notices adding the logical support for, or services in sup- names of three individuals, as well as MESSAGES FROM THE HOUSE port of, such acts of violence. In addi- their pseudonyms, to the List of SDTs At 12:25 p.m., a message from the tion, the Order blocks all property and (60 Fed. Reg. 41152, August 11, 1995; 60 House of Representatives, delivered by interests in property subject to U.S. ju- Fed. Reg. 44932, August 29, 1995; and 60 Mr. Hays, one of its reading clerks, an- risdiction in which there is any inter- Fed. Reg. 58435, November 27, 1995). nounced that the House has passed the est of persons determined by the Sec- 3. On February 2, 1996, OFAC issued following bills, in which it requests the retary of the Treasury, in coordination the Terrorism Sanctions Regulations concurrence of the Senate: July 21, 1998 CONGRESSIONAL RECORD — SENATE S8657 H.R. 8. An act to amend the Clean Air Act sure that all amounts accrued on the books S. 442. A bill to establish a national policy to deny entry into the United States of cer- of the United States Enrichment Corpora- against State and local government inter- tain foreign motor vehicles that do not com- tion for the disposition of depleted uranium ference with interstate commerce on the ply with State laws governing motor vehicle hexafluoride will be used to treat and recycle Internet or interactive computer services, emissions, and for other purposes. depleted uranium hexafluoride. and to exercise Congressional jurisdiction H.R. 3249. An act to provide for the rec- H.R. 1439. An act to facilitate the sale of over interstate commerce by establishing a tification of certain retirement coverage er- certain land in Tahoe National Forest in the moratorium on the imposition of exactions rors affecting Federal employees, and for State of Colorado to Placer County, Califor- that would interfere with the free flow of other purposes. nia. commerce via the Internet, and for other H.R. 3874. An act to amend the National H.R. 1460. An act to allow for the election purposes. of the Delegate from Guam by other than School Lunch Act and the Child Nutrition f Act of 1996 to provide children with increased separate ballot, and for other purposes. access to food and nutrition assistance, to H.R. 1779. An act to make a minor adjust- MEASURES PLACED ON THE ment in the exterior boundary of the Devils simplify program operations and improve CALENDAR program management, to extend certain au- Backbone Wilderness in the Mark Twain Na- thorities contained in those acts through fis- tional Forest, Missouri, to exclude a small The following bill was read the first cal year 2003, and for other purposes. parcel of land containing certain improve- and second time, and placed on the cal- H.R. 4058. An act to amend title 49, United ments. endar: H.R. 2165. An act to extend the deadline States Code, to extend the aviation insur- H.R. 3874. An act to amend the National ance program, and for other purposes. under the Federal Power Act applicable to the construction of FERC Project Number School Lunch Act and the Child Nutrition The message also announced that the 3862 in the State of Iowa, and for other pur- Act of 1966 to provide children with increased House has agreed to the following con- poses. access to food and nutrition assistance, to current resolutions, in which it re- H.R. 2217. An act to extend the deadline simplify program operations and improve quests the concurrence of the Senate: under the Federal Power Act applicable to program management, to extend certain au- the construction of FERC Project Number thorities contained in those Acts through H. Con. Res. 208. Concurrent resolution ex- fiscal year 2003, and for other purposes. pressing the sense of Congress regarding ac- 9248 in the State of Colorado, and for other cess to affordable housing and expansion of purposes. The following bill was read the sec- H.R. 2676. An act to amend the Internal homeownership opportunities. ond time, and placed on the calendar: Revenue Code of 1986 to restructure and re- H. Con. Res. 298. Concurrent resolution ex- form the Internal Revenue Service, and for H.R. 1432. An act to authorize a new trade pressing deepest condolences to the State other purposes. and investment policy for sub-Saharan Afri- and people of Florida for the losses as a re- H.R. 28841. An act to extend the time re- ca. sult of the wild land fires occurring in June quired for the construction of a hydro- f and July 1998, expressing support to the electric project. State and people of Florida as they overcome ENROLLED BILLS PRESENTED the effects of the fires, and commending the The enrolled bills were signed subse- heroic efforts of firefighters from across the quently by the President pro tempore The Secretary of the Senate reported Nation in battling the fires. (Mr. THURMOND). that on July 21, 1998, he presented to H. Con. Res. 301. Affirming the United f the President of the United States the States commitment to Taiwan. following enrolled bills: MEASURES REFERRED The message further announced that S. 318. An act to require automatic can- the House has passed the following bill, The following bills were read the first cellation and notice of cancellation rights without amendment: and second times by unanimous con- with respect to private mortgage insurance S. 2316. An act to require the Secretary of sent and referred as indicated: which is required as a condition for entering Energy to submit to Congress a plan to en- H.R. 8. An act to amend the Clean Air Act into a residential mortgage transaction, to sure that all amounts accrued on the books to deny entry into the United States of cer- abolish the Thrift Depositor Protection of the United States Enrichment Corpora- tain foreign motor vehicles that do not com- Oversight Board, and for other purposes. tion for the disposition of depleted uranium ply with State laws governing motor vehicle S. 2316. An act to require the Secretary of hexafluoride will be used to treat and recycle emissions, and for other purposes; to the Energy to submit to Congress a plan to en- depleted uranium hexafluoride. Committee on Environment and Public sure that all amounts accrued on the books Works. of the United States Enrichment Corpora- The message also announced that the H.R. 3249. An act to provide for the rec- tion for the disposition of depleted uranium House disagrees to the amendment of tification of certain retirement coverage er- hexafluoride will be used to treat and recycle the Senate to the bill (H.R. 1853) to rors affecting Federal employees, and for depleted uranium hexafluoride. amend the Carl D. Perkins Vocational other purposes; to the Committee on Fi- f and Applied Technology Education nance. Act, and agrees to the conference asked H.R. 4058. An act to amend title 49, United REPORTS OF COMMITTEES by the Senate on the disagreeing votes States Code, to extend the aviation insur- ance program, and for other purposes; to the The following reports of committees of the two Houses thereon; and ap- Committee on Commerce, Science, and were submitted: points the following Members as the Transportation. By Mr. HATCH, from the Committee on managers of the conference on the part The following concurrent resolutions the Judiciary: of the House for the consideration of were read and referred as indicated: Report to accompany the bill (S. 1301) to amend title 11, United States Code, to pro- the House bill and Senate amendment, H. Con. Res. 208. Concurrent resolution ex- vide for consumer bankruptcy protection, and modifications committed to con- pressing the sense of Congress regarding ac- and for other purposes (Rept. No. 105–253). ference: Mr. GOODLING, and Mr. cess to affordable housing and expansion of By Mr. FAIRCLOTH, from the Committee MCKEON, Mr. RIGGS, Mr. PETERSON of homeownership opportunities; to the Com- on Appropriations, without amendment: mittee on Banking, Housing, and Urban Af- Pennsylvania, Mr. SAM JOHNSON of S. 2333: An original bill making appropria- fairs. Texas, Mr. CLAY, Mr. MARTINEZ, and tions for the government of the District of H. Con. Res. 298. Concurrent resolution ex- Mr. KILDEE. Columbia and other activities chargeable in pressing deepest condolences to the State whole or in part against the revenues of said ENROLLED BILLS SIGNED and people of Florida for the losses as a re- District for the fiscal year ending September At 2:22 p.m., a message from the sult of the wild land fires occurring in June 30, 1999, and for other purposes (Rept. No. House of Representatives, delivered by and July 1998, expressing support to the 105–254). Mr. Hanrahan, one of its reading State and people of Florida as they overcome By Mr. MCCONNELL, from the Committee the effects of the fires, and commending the clerks, announced that the Speaker has on Appropriations, without amendment: heroic efforts of firefighters from across the signed the following enrolled bills: S. 2334: An original bill making appropria- Nation in battling the fires; to the Commit- tions for foreign operations, export financ- S. 318. An act to require automatic can- tee on Environment and Public Works. cellation and notice of cancellation rights H. Con. Res. 301. Affirming the United ing, and related programs for the fiscal year with respect to private mortgage insurance States commitment to Taiwan; to the Com- ending September 30, 1999, and for other pur- which is required as a condition for entering mittee on Foreign Relations. poses (Rept. No. 105–255). into residential mortgage transaction, to By Mr. JEFFORDS, from the Committee abolish the Thrift Depositor Protection Pursuant to the order of July 21, 1998, on Labor and Human Resources, with an Oversight Board, and for other purpose. the following bill was referred to the amendment in the nature of a substitute: S. 2316. An act to require the Secretary of Committee on Finance for a period not S. 2206: A bill to amend the Head Start Act, Energy to submit to Congress a plan to en- to extend beyond July 30, 1998: the Low-Income Home Energy Assistance S8658 CONGRESSIONAL RECORD — SENATE July 21, 1998 Act of 1981, and the Community Services STATEMENTS ON INTRODUCED Nor, however, should frivolous claims Block Grant Act to reauthorize and make BILLS AND JOINT RESOLUTIONS which do nothing but clog our court improvements to those Acts, to establish By Mr. FAIRCLOTH: systems and deny our citizens speedy demonstration projects that provide an op- access to justice for legitimate cases. portunity for persons with limited means to S. 2332. A bill to limit the ability of accumulate assets, and for other purposes prisoners to challenge prison condi- Several actual cases demonstrate this. (Rept. No. 105–256). tions; to the Committee on the Judici- One includes a Utah criminal who By Mr. THOMPSON, from the Committee ary. claimed that his Eighth Amendment on Governmental Affairs, with amendments: rights were violated when he was pro- CRIME DOESN’T PAY PRISON ACT H.R. 1836: A bill to amend chapter 89 of vided with Converse tennis shoes, rath- title 5, United States Code, to improve ad- ∑ Mr. FAIRCLOTH. Mr. President, er than L.A. Gear or Reebok. Another ministration of sanctions against unfit today I am introducing the Crime case dealt with an Arkansas criminal health care providers under the Federal Em- Doesn’t Pay Prison Act, a bill to curb who was appalled that he was given ployees Health Benefits Program, and for the flood of frivolous prisoner lawsuits other purposes (Rept. No. 105–257). paper napkins during meals instead of over prison conditions. cloth napkins. Yet another ludicrous The primary purpose of this act is to f example involves a Missouri criminal, articulate an objective national stand- who claimed cruel and unusual punish- ard for measuring the minimum de- ment when he was not provided with INTRODUCTION OF BILLS AND cency of prison conditions. The Con- salad bars or brunches on weekends. JOINT RESOLUTIONS stitution does not dictate a minimum This is absolutely preposterous. standard of living for inmates, much The following bills and joint resolu- The benefits of this ‘‘Crime Doesn’t less an enjoyable comfortable level of tions were introduced, read the first Pay Prison’’ Act are extensive. As of living. This should be Congress’ job. and second time by unanimous con- right now, 25% of the state and federal In addition to the initial goal of a na- sent, and referred as indicated: courts’ civil dockets are comprised of tional prison standard, this bill has inmate challenges to conditions of con- By Mr. FAIRCLOTH: other purposes. It would ensure that S. 2332. A bill to limit the ability of pris- finement. This bill would reduce this State governments are required to oners to challenge prison conditions; to the number considerably. It also frees state spend only that amount necessary to Committee on the Judiciary. Attorneys General to pursue litigation achieve the minimum standard for con- S. 2333. An original bill making appropria- on behalf of the citizenry. tions for the government of the District of ditions of confinement mandated by The bill would drastically reduce the Columbia and other activities chargeable in the Constitution. It would further en- increasing cost of incarceration, allow- whole or in part against the revenues of said sure that the Federal courts require ing the money saved thereby to be used District for the fiscal year ending September only that prison conditions do not con- instead for the expansion of existing 30, 1999, and for other purposes; from the stitute the unnecessary infliction of Committee on Appropriations; placed on the prisons. pain or neglect upon inmates, such calendar. It puts an end to the injustice of con- By Mr. MCCONNELL: that they are deprived of the minimum civilized measure of life’s basic neces- victed criminals enjoying a higher S. 2334. An original bill making appropria- standard of living, by mere virtue of tions for foreign operations, export financ- sities. ing, and related programs for the fiscal year Absent a national standard, con- their imprisonment, than the law-abid- ending September 30, 1999, and for other pur- victed criminals enjoy a standard of ing working poor. poses; from the Committee on Appropria- living higher than that of the law-abid- In addition to giving the prison ad- tions; placed on the calendar. ing, working poor. According to the ministrators the flexibility to find that By Mr. HARKIN (for himself and Mr. federal government, the standard of medium of good order and discipline HOLLINGS): within the prisons, perhaps most im- S. 2335. A bill to amend title XVIII of the living for the law-abiding poor is $8,000 a year. Yet for a convicted criminal, portantly, this bill would demonstrate Social Security Act to improve efforts to to prisoners that criminal behavior combat medicare fraud, waste, and abuse; to the average expenditure per prisoner the Committee on Finance. amounts to an unbelievably high will not be rewarded with luxuries be- By Mr. SANTORUM (for himself and $23,000 a year. yond the reach of law-abiding, poor Mr. SPECTER): Absent a national standard, the Americans. S. 2336. A bill to amend chapter 5 of title standard of living in prison will con- I strongly urge my colleagues to sup- 28, United States Code, to transfer Schuyl- tinue to escalate. Since 1960, the aver- port this bill.∑ kill County, Pennsylvania, from the Eastern MEDICARE WASTE TAX REDUCTION ACT OF 1998 Judicial District of Pennsylvania to the Mid- age total state expenditure per inmate dle Judicial District of Pennsylvania; to the has increased almost twice as fast as ∑ Mr. HARKIN. Mr. President, today I Committee on the Judiciary. median income, and more than twice as am introducing with my colleague By Mr. SMITH of Oregon (for himself, fast as the poverty threshold. This is from South Carolina, Senator HOL- Mr. WYDEN, Mr. CRAIG, Mr. GRAHAM, unacceptable. LINGS, an important piece of legislation Mr. GORTON, Mr. BUMPERS, Mr. Many unnecessary amenities, such as that will help to protect and preserve HATCH, Mr. MCCONNELL, and Mr. regulation softball fields, video games, Medicare. The bill is entitled the Medi- MACK): and premium pay cable channels are care Waste Tax Reduction Act of 1998. S. 2337. A bill to establish a system of reg- istries of temporary agricultural workers to provided to criminals, contribute to For nearly ten years now, I have provide for a sufficient supply of such work- the increasing standard of living in worked to combat fraud, waste and ers and to amend the Immigration and Na- prisons. Other amenities include expen- abuse in the Medicare program. As tionality Act to streamline procedures for sive musical instruments for traveling Chairman and now Ranking Member of the admission and extension of stay of non- ‘‘choirs,’’ not to mention martial arts the Senate Appropriations Subcommit- immigrant agricultural workers, and for training and boxing. Perhaps here is a tee with oversight of the administra- other purposes; to the Committee on the Ju- primary cause of prison violence. How tion of Medicare, I’ve held hearing diciary. can one counter the violence if tax- after hearing and released report after By Mr. MOYNIHAN (for himself, Mr. report documenting the extent of this D’AMATO, and Mr. SPECTER): payers’ dollars are being spent on the S. 2338. A bill to amend the Harmonized very classes which teach and encourage problem. While virtually no one was Tariff Schedule of the United States to pro- it? paying attention to our effort for many vide for equitable duty treatment for certain Absent a national standard, crimi- years, we’ve succeeded in bringing wool used in making suits; to the Committee nals will continue to fight for their greater attention and focus to this on Finance. ‘‘right’’ to amenities in prison, claim- problem in the past several years. By Mr. GRAHAM (for himself, Mr. ing that denial of same ‘‘violates’’ Part of our effort has been to try to GRASSLEY, Mr. BAUCUS, Mr. HATCH, their Eighth Amendment right against quantify the scope of the problem. Sev- Mr. BREAUX, Mr. JEFFORDS, and Mr. KERRY): ‘‘cruel and unusual punishment.’’ Any eral years ago, the General Accounting S. 2339. A bill to provide for pension re- violation of our Bill of Rights is, most Office reported that up to 10 percent of form, and for other purposes; to the Commit- assuredly, a vital concern and should Medicare funds could be lost to fraud, tee on Finance. not be tolerated. waste and abuse each year. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8659 Many questioned that estimate as paid by other government programs more time for patient care, the Insti- too large. They said the problem ex- and the private sector. In conference, tute of Medicine would be charged with isted, but it wasn’t nearly as big as 10 the provision was limited to reductions developing a comprehensive plan by no percent. Then, as you know, last year of no more than 15 percent. This bill later than June 1, 1999. Their rec- the Inspector General conducted the would restore the original Senate lan- ommendations are to include the first-ever detailed audit of Medicare guage. In addition, to assure that Medi- streamlining of variations between payments. That Chief Financial Officer care gets the price it deserves given its Medicare and other payers. Act audit found that fully 14 percent of status as by far the largest purchaser Mr. President, while we have made Medicare payments in 1996, or $23 bil- of medical supplies and equipment, changes to medicare in attempts to ex- lion, had been made improperly. Medicare would pay no more than any tend its solvency thru the next decade, That’s a $23 billion ‘‘waste tax’’ on other government program for these we urgently need to take other steps to the American people. And the purpose items. Finally, overpayments for pre- protect and preserve the program for of today’s summit to figure out the scription drugs and biologicals would the long-term. We should enact the re- best way to cut that tax. So, how do be eliminated by lowering Medicare’s forms in this bill to weed out waste, you cut this tax? I know there are no rate to the lowest of either the actual fraud and abuse as a first priority in ‘‘magic-wand’’ solutions—this is a com- acquisition cost or 95% of the whole- this effort. I urge all my colleagues to plex problem with many components. sale cost. review this proposal and hope that But basically, you need four things: The Medicare Waste Tax reduction they will join me in working to pass it well thought out laws, adequate re- Act of 1998 would also ensure that yet this year. sources, effective implementation and Medicare does not pay for claims owed by other plans. Too often, Medicare Mr. President, I also ask unanimous the help of seniors and health provid- consent a summary of my bill be print- ers. We’ve made progress on each of pays claims that are owed by private ed in the RECORD. these fronts over the last couple of insurers because it has know way of knowing a beneficiary is working and years, but much more remains to be By Mr. HARKIN (for himself and done. has private insurance that should pay Mr. HOLLINGS): First, the reforms embodied in the first. This provision would reduce Health Insurance Portability Act and Medicare losses by requiring insurers S. 2335. A bill to amend title XVIII of the Balanced Budget Act must be effec- to report any Medicare beneficiaries the Social Security Act to improve ef- tively implemented. Effective imple- they insure. Also, Medicare would be forts to combat Medicare fraud, waste, mentation of these new reforms are given the authority to recover double and abuse; to the Committee on Fi- vital and must be given high priority. the amount owed by insurers who pur- nance. And, Medicare, the Inspector General posely let Medicare pay claims they There being no objection, the sum- and the Justice Department must con- should have paid. mary was ordered to be printed in the tinue to aggressively use new author- Additionally, coordination between RECORD, as follows: ity to crack down on Medicare fraud. Medicare and private insurers would be The Medicare Waste Tax Reduction strengthened. Often, those ripping off f Act I am introducing today will take a Medicare are also defrauding private MEDICARE WASTE TAX REDUCTION ACT OF number of important steps to stop the health plans. Yet, too little informa- 1998—SUMMARY ravaging of Medicare. tion on fraud cases is shared between Doubling and Better Targeting Audits and This Bill for example, would direct Medicare and private plans. In order to Reviews To Detect and Discourage Abuse. HCFA to double and better target au- encourage better coordination, health Only a tiny fraction of Medicare claims are dits and reviews to detect and discour- plans and their employees could not be reviewed before being paid and less than 2 age mispayments. Currently only a held liable for sharing information percent of providers receive a comprehensive tiny fraction of Medicare claims are re- with Medicare regarding health care audit annually. In order to better detect mis- viewed before being paid and less than fraud as long as the information is not takes and abuses and to provide a more sig- 2 percent of providers receive a com- false, or the person providing the infor- nificant deterrent to abuse, the number of medical, utilization and fraud reviews would prehensive audit annually. We must mation had no reason to believe the in- be doubled. In addition, at least 15% of pro- have the ability to separate needed formation was false. vider cost reports submitted by home health care from bill padding and abuse. Another critical component of any agencies, skilled nursing facilities and dura- It would also require Medicare to ag- successful comprehensive plan to cut ble medical equipment would be subject to gressively use it’s newly improved ‘‘in- the Medicare waste tax is to focus on annual audits. The increased reviews would herent reasonableness’’ authority. It is prevention. Most of our efforts now be targeted at services and providers most vitally important that Medicare car- look at finding and correcting the likely to be subject to abuse. riers be held accountable for their per- problem after they occur. While this is Expanding Medicare Senior Waste Patrol formance in protecting the program important and we need to do even more Nationwide—Seniors are our front line of de- from abuse. Preventing abuse and of it, we all know that prevention is fense against Medicare fraud, waste and abuse. However, too often, seniors don’t have other inappropriate payments should much more cost effective. The old the information they need to detect and re- be the most important performance adage ‘‘A stitch in time saves nine’’ port suspected mistakes and fraud. A pro- criteria these entities are measured by. was never more true. A major compo- gram to recruit and train retired nurses, doc- Our bill would also expand the Medi- nent of an enhanced prevention effort tors, accountants and others to serve as vol- care Senior Waste Patrol Nationwide. would be the provision of increased as- unteer resources to meet this need at the Seniors are our front line of defense sistance and education for providers to local level was established as part of the FY against Medicare fraud, waste and comply with Medicare rules. 97 Labor-HHS appropriations bill. This 12 abuse. However, too often, seniors A good deal of the mis-payments state program has proven successful and don’t have the information they need made by Medicare are the result not of would be expanded nationwide. to detect and report suspected mis- fraud or abuse, but of simple misunder- Increased Assistance and Education for standing of Medicare billing rules by Providers to Comply with Medicare Rules—A takes and fraud. By moving the Waste good deal of the mispayments made by Medi- Patrol nationwide, implementing im- providers. Therefore, this bill provides care are the result not of fraud or abuse, but portant BBA provisions and assuring $10 million a year to fund a major ex- of simple misunderstanding of Medicare bill- seniors have access to itemized bills we pansion of assistance and education for ing rules by providers. Therefore, this bill will strike an important blow to Medi- providers on program integrity require- provides $10 million a year to fund a major care waste. ments. This bill would also ensure the expansion of assistance and education for The bill would also give Medicare the reduction of paperwork and adminis- providers on program integrity require- authority to be a more prudent pur- trative hassle that could prove ments. chaser. As passed by the Senate, the daunting to providers. Health profes- Reducing Paperwork and Administrative Balanced Budget Act gave Medicare sionals have to spend too much time Hassle for Providers—Health professionals have to spend too much time completing pa- the authority to quickly reduce Part B completing paperwork and dealing with perwork and dealing with administrative payment rates (except those made for administrative hassles associated with hassles associated with Medicare and private physician services) it finds to be gross- Medicare and private health plans. In health plans. In order to reduce this hassle ly excessive when compared to rates order to reduce this hassle and provide and provide more time for patient care, the S8660 CONGRESSIONAL RECORD — SENATE July 21, 1998 Institute of Medicine would be charged with Combating Abuse of Hospice and Partial Many of the residents of Schuylkill developing a comprehensive plan by no later Hospitalization Benefits—Recent reviews County have voiced concern about the than June 1, 1999. Their recommendations have identified significant waste and abuse hardship they face in performing jury are to include the streamlining of variations in the new Medicare partial hospitalizatio between Medicare and other payers. benefit. Abuse would be deterred by making duty as they are often forced to travel Making Medicare a More Prudent Pur- a number of reforms to this benefit and au- as far as Philadelphia. Most of the chaser—As passed by the Senate, the Bal- thorize the Secretary to begin a prospective counties adjacent to Schuylkill County anced Budget Act gave Medicare the author- payment system. A new civil monetary pen- are in the Middle District, where court- ity to quickly reduce Part B payment rates alty against doctors who knowingly provide rooms are generally twice as close as (except those made for physician services) it false certification that an individual meets those in Philadelphia. In addition, finds to be grossly excessive when compared Medicare requirements to receive these serv- transferring Schuylkill County will to rates paid by other government programs ices would also be established. A similar pro- help relieve the Eastern District of its and the private sector. In conference, the vision already exists for false certification of provision was limited to reductions of no home health services. much larger caseload. more than 15 percent. This bill would restore Protecting Medicare Against Bankruptcy Both the Chief Judge of the Eastern the original Senate language. In addition, to Abuses—Under current law it is possible for District, Edward Cahn, and of the Mid- assure that Medicare gets the price it de- providers to use bankruptcy as a shield dle District, Sylvia Rambo, have raised serves given its status as by far the largest against Medicare and Medicaid penalties and no objections with this transfer. The purchaser of medical supplies and equip- overpayment recoveries. This provision Schuylkill County Bar Association, the would protect Medicare in a number of ways, ment, Medicare would pay no more than any Schuylkill County District Attorney, other government program for these items. including: A provider would still be liable to Finally, overpayments for prescription drugs refund overpayments and pay penalties and and numerous judges and attorneys and biologicals would be eliminated by low- fines even if he or she filed for bankruptcy. have expressed strong support. ering Medicare’s rate to the lowest of either If Medicare law and bankruptcy law conflict, This legislation serves as a compan- the actual acquisition cost or 95% of the Medicare law would prevail. Bankruptcy ion bill to H.R. 2123, a bill introduced wholesale cost. courts would not be able to re-adjudicate by my esteemed colleague in the House Using State of the Art Private Sector Medicare coverage or payment decisions. of Representatives, Representative TIM Technology to Reduce Billing Errors and Ensuring Medicare Does Not Pay for Abuse—The GAO and Medicare agree that Claims Owed by Other Plans—Too often, HOLDEN, whose district includes taxpayers could save over $400 million a year Medicare pays claims that are owed by pri- Schuylkill County. Representative simply by employing up to date computer vate insurers because it has no way of know- HOLDEN has worked diligently on pas- software developed by the private sector to ing a beneficiary is working and has private sage of his bill or over a year, including detect and stop billing errors and abuse. This insurance that should pay first. This provi- a successful effort at incorporating its bill would require Medicare to promptly em- sion would reduce Medicare losses by requir- provisions into the Federal Courts Im- ploy private sector edits determined compat- ing insurers to report any Medicare bene- ficiaries they insure. Also, Medicare would provement Act of 1998. H.R. 2294, which ible with Medicare payment policy. passed the House on March 18, 1998. I Improving Oversight of Home Health Agen- be given the authority to recover double the cies—Medicare oversight of home health care amount owed by insurers who purposely let congratulate my colleague on his suc- services would be strengthened. The Sec- Medicare pay claims they should have paid. cess. Now, it is the responsibility of retary would be required to conduct valida- Improving Coordination with Private Sec- myself and Senator SPECTER to shep- tion surveys of at least 5 percent of the agen- tor in Combating Medicare Fraud—Often, herd this legislation through the Sen- cies surveyed by every state. This would pro- those ripping off Medicare are also defraud- ate. vide greater assurance that problem agencies ing private health plans. Yet, too little infor- mation on fraud cases is shared between I look forward to working with the are identified and help to reduce variation Chairman of the Judiciary Committee, among states in inspection and enforcement. Medicare and private plans. In order to en- Closing Loophole in Anti-Kickback Law courage better coordination, health plans Senator HATCH, and the Ranking Mem- for Managed Care—Provisions of HIPAA cre- and their employees could not be held liable ber, Senator LEAHY, and the rests of ated a broadened exception from Medicare’s for sharing information with Medicare re- my colleagues in securing passage of anti-kickback rules for any arrangement garding health care fraud as long as the in- much needed legislation. where a medical provider is at ‘‘substantial formation is not false, or the person provid- ing the information had no reason to believe Mr. PRESIDENT, I ask unanimous financial risk’’ through ‘‘any risk arrange- consent that the text of the bill be ment.’’ This broad exception may be serving the information was false. as a loophole to get around important anti- Self-Funding Plan for Medicare Provider printed in the RECORD. kickback protections. It would be elimi- and Supplier Agreements—In order to pro- There being no objection, the bill was nated, returning to pre-HIPAA law. vide the resources necessary to stop bogus or ordered to be printed in the RECORD, as Expanding Criminal Penalties For Kick- unqualified providers from billing Medicare, follows: backs—Criminal penalties upon persons vio- the Secretary may impose fees for the initial S. 2336 lating the federal anti-kickback provisions and or renewal of provider agreements. This with respect to private health care benefit will allow for more on-site visits of those Be it enacted by the Senate and House of Rep- programs. It will also authorize the Attorney seeking provider numbers to assure that the resentatives of the United States of America in General to bring civil actions in U.S. Dis- provider or supplier actually exists and is le- Congress assembled, trict Courts to impose civil penalties and gitimate. SECTION 1. TRANSFER OF COUNTY. Balanced Budget Act Technical Changes— treble damages on violators. There will be no Section 118 of title 28, United States Code, Several technical changes to Balanced Budg- diminution of the existing authority of any is amended— et Act provisions relating to health care agency of the U.S. Government to admin- (1) in subsection (a) by striking ‘‘Philadel- fraud are made.∑ ister and enforce the criminal laws of the phia, and Schuylkill’’ and inserting ‘‘and United States. By Mr. SANTORUM (for himself Philadelphia’’; and Extending Subpoena And Injunction Au- (2) in subsection (b) by inserting ‘‘Schuyl- and Mr. SPECTER): thority—Medicare’s ability to gather evi- kill,’’ after ‘‘Potter,’’. dence in fraud and abuse cases would be S. 2336. A bill to amend chapter 5 of strengthened by extending the Secretary’s title 28, United States Code, to transfer SEC. 2. EFFECTIVE DATE. testimonial subpoena power and injunctive Schuylkill County, Pennsylvania, from (a) IN GENERAL.—This Act and the amend- authority for civil monetary penalties to the Eastern Judicial District of Penn- ments made by this Act shall take effect 180 other administrative sanctions such as ex- days after the date of the enactment of this sylvania to the Middle Judicial Dis- Act. clusions from the program. trict of Pennsylvania; to the Commit- Stopping Abusive Billings for Services Or- (b) PENDING CASES NOT AFFECTED.—This dered by Excluded Providers—While current tee on the Judiciary. Act and the amendments made by this Act law provides for penalties against billing for UNITED STATES DISTRICT COURT LEGISLATION shall not affect any action commenced be- services directly rendered by a provider who ∑ Mr. SANTORUM. Mr. President, fore the effective date of this Act and pend- has been excluded from Medicare for crimi- today I introduce legislation transfer- ing on such date in the United States Dis- nal or other serious violations, no such au- ring Schuylkill County from the East- trict Court for the Eastern District of Penn- thority exists for services or items pre- ern Judicial District of Pennsylvania sylvania. scribed or ordered by these providers. This to the Middle District. I am pleased to (c) JURIES NOT AFFECTED.—This Act and provision would close the loophole by estab- the amendments made by this Act shall not lishing civil monetary penalties for anyone work on this needed effort with the affect the composition, or preclude the serv- who knows or should know that they are senior Senator from Pennsylvania Sen- ice, of any grand or petit jury summoned, submitting claims for services ordered or ator SPECTOR, who has signed on as an impaneled, or actually serving on the effec- prescribed by an excluded provider. original cosponsor. tive date of this Act.∑ July 21, 1998 CONGRESSIONAL RECORD — SENATE S8661 By Mr. SMITH of Oregon (for The key elements of our bipartisan from Florida to New England, Ken- himself, Mr. WYDEN, Mr. CRAIG, proposal would include the following: tucky to Colorado—to California and Mr. GRAHAM, Mr. GORTON, Mr. The creation of a new, voluntary, na- Idaho, and across the Nation. BUMPERS, Mr. HATCH, Mr. tional registry of migrant farm work- For example, California growers and MCCONNELL, and Mr. MACK): ers to which growers can turn for work- local officials have made a real effort S. 2337. A bill to establish a system of ers they know are legal. If enough do- to address the shortfall with welfare- registries of temporary agricultural mestic workers could not be supplied to-work efforts. But it is not happen- workers to provide for a sufficient sup- through the registry, growers could ing. We are at near full employment in ply of such workers and to amend the apply for legal guest workers through our economy. People are simply not Immigration and Nationality Act to an expedited, reformed H–2A program. available to do agricultural-style work. streamline procedures for the admis- The new program would resemble the And sometimes the needs of agri- sion and extension of stay of non- current H–2A program, but it would culture are uniquely not matched to immigrant agricultural workers, and have much, much faster turnaround, the needs or capabilities of available for other purposes; to the Committee less red tape, and greater certainty for domestic workers. on the Judiciary. employers, continued protections for Because of the robust counterfeit ID AGRICULTURE JOB OPPORTUNITY BENEFITS AND workers, and greater flexibility for em- industry and current Federal laws, we SECURITY ACT OF 1998 ployers, related to conditions of em- have many of these illegals moving Mr. CRAIG. Mr. President, today leg- ployment such as housing, transpor- into our country who are, in fact, car- islation is being introduced by my col- tation, and market-based wages. rying what appear to be legal creden- league from Oregon, GORDON SMITH, The crisis is at hand not only on the tials. Employers do not want that to along with Senators WYDEN, GRAHAM of farm but with the worker who is at- happen, but the law actually punishes Florida, GORTON, BUMPERS, and MCCON- tempting to get across our borders them if they are too diligent in inquir- NELL. This bill would deal with a situa- today. With the tremendous heat in the ing about the legal status of job appli- tion that is a problem today and could South right now, there are warnings cants. Current law has created an well be a crisis tomorrow. The Senate out to workers hoping for a job oppor- unwinnable Catch-22 for employers. now has an opportunity to do what our tunity in this country: Do not try to Most have no realistic way of ensuring Federal Government does all too rare- traffic the area or you could die—sim- their work force is entirely legal. ly, and that is fix a problem in a timely ply by using the transportation meth- A single Immigration and Naturaliza- and commonsense fashion before it in- ods in which so many workers are trav- tion Service raid, netting a handful of flicts great hurt on millions of Ameri- elling today. Current law has created a illegal workers, can scare and clean out cans. phenomenal situation that is most in- thousands of workers in surrounding Mr. President, I am talking about ag- humane. counties. It happened just a few weeks ricultural growers and their need for a Two years ago, Senators WYDEN, ago in the Georgia onion fields. The stable, predictable, legal workforce GORTON, and others joined with me in employers in such cases typically have that would receive good, fair, market- requiring the General Accounting Of- complied with the law. But, of course, based compensation. the crops were left rotting in the fields. I am talking about unemployed fice to study the current H–2A Guest That is not what the American farmer workers and those hoping to move from Worker Program. needs. It is certainly not what the welfare to work, who want and need to As a result, the GAO has estimated that at least 37 percent of all farm American consumers need. be matched up with agricultural jobs, As workers disappear from U.S. if possible. American citizens should workers in the United States are not fields, and crops stay there instead of have first claim to American jobs. All here legally, not legally qualified to moving to the stores, not only are the workers would rather be working le- work. How they got the figure is amaz- farmers hurt, as I mentioned, but con- gally and know they can claim full ing: They went out and asked, and the sumers are hurt. And then we have to legal protections only when their em- workers, by self-disclosure, admitted reach inevitably toward an effort to ployment situation is open and lawful. that they were here illegally. Farm employers need to be provided The current H–2A program has been a import foods, much of which may not with a secure work force. Workers need red tape nightmare. meet our health and safety standards. to be assured of basic legal and labor Too often, when growers need a time- This means a mainstay of our econ- standard protections. ly response to their needs, with omy, the U.S. agriculture industry, is These goals are not being met today. produce in the field, it cannot be done. threatened with a major breakdown. In fact, current federal law, and its bu- Even when growers meet all the This means that our families are reaucratic implementation, are hurt- deadlines the Government sets for threatened with the increased risk of ing growers and workers. them, then the Government fails to exposure to food-borne illnesses on im- In fact, current Federal laws and meet its own deadlines. In fact, GAO’s ported, foreign foods. And it happens their bureaucratic implementation are study found that, when growers made simply because the current H–2A sys- hurting both growers and workers. This timely applications, the Department of tem won’t supply the kind of labor that is why I am pleased to join with my Labor still missed statutory deadlines is necessary. colleagues in the introduction of what 40 percent of the time. Let’s be humane and let’s be respon- we will call AgJOBS. This stands for The bureaucracy grinds to a halt sible. Let’s move the AgJOBS bill in- the Agricultural Job Opportunity, Ben- sometimes because it doesn’t under- troduced today, so it can be signed on efits and Security Act. stand the needs in the field, and some- the President’s desk and become law This bill will represent the culmina- times because it doesn’t want to supply this year. It is critically necessary that tion of work that has been going on for the workforce. we do this. years amongst our colleagues, to re- Current H–2A has been completely in- We have reached out to the Depart- solve the issue of the necessary labor effective as a means of obtaining tem- ment of Labor to work with them and force for American agriculture. We porary and seasonal workers, supplying be sensitive to their concerns in the have examined all of the issues in- only about 24,000 out of the 1.6 million crafting of this legislation to stream- volved with trying to ensure a supply farm workers necessary on an annual line the H–2A program. We have tried of legal temporary and seasonal labor. basis. to anticipate and answer every objec- We understand that that employers in In the 1996 immigration law, and in tion that might be raised to this kind many cases need guest workers and appropriations over recent years, Con- of reform. We have tried to solve prob- that employees, domestic and guest gress has made it a priority to secure lems before bringing this bill to the workers, need more and better jobs. We our borders and crack down on illegal floor. have looked at all sides. The result is a immigrants. I thank my colleagues for this tre- consensus bill that we think is nothing That is exactly what we want and mendous effort, especially Senator less than remarkable, and I commend what our citizens want. GORDON SMITH of Oregon, Senator my colleagues on this very important But as a result, serious spot short- WYDEN, Senator GRAHAM of Florida, bipartisan effort. ages of farm labor are multiplying and Senator GORTON, who have worked S8662 CONGRESSIONAL RECORD — SENATE July 21, 1998 very closely, to make this legislation a Mr. President, as we introduce this to the program. Currently, farmers reality. balanced bill, we have two goals in must apply for H–2A workers 60 days We think this bill will create a win- mind—to make it easier for employers before they think they will need work- win situation so those who wish to to hire legal workers to harvest their ers. In a very unpredictable industry, enter our country to work at our agri- crops, and to ensure that workers are this requirement is a barrier for many cultural jobs can enter legally, so they treated fairly in the process. These farmers. In our bill, we have reduced can enter in a safe way instead of in workers deserve the dignity of legal this time period to 21 days, making the the backs of trucks or almost literally status when they are here doing work program much more responsive to the in tin cans where, as a result of tragic that benefits all of us. unpredictable nature of agriculture accidents, they oftentimes lose their I’m very concerned that workers are crops and much more practical for use lives. We saw another tragic example of protected, but let’s not forget that by farmers. this in recent days. growers have been victimized by this Our legislation makes many other We can do better. We can pass the process too. In order to feed their fami- improvements to the existing H–2A AgJOBS reforms. I am pleased to be a lies—and ours—the growers need to program—for both employers and part of the introduction of this legisla- harvest their crops on time, meet pay- workers. As a result, we can expect tion today. roll, and ultimately maintain their more growers to use it, and con- Mr. SMITH of Oregon. Mr. President, bottom line. Without achieving those sequently, we can expect more domes- I rise today with Senators WYDEN, things, farms go out of business and tic and foreign workers to benefit from CRAIG, GRAHAM of Florida, GORTON, the jobs they create are lost along with the ample wage and labor protections BUMPERS, HATCH, MCCONNELL, and them. So it is in all of our best inter- afforded by it. MACK to introduce the Agricultural ests—workers, growers, and consumers Let’s not make fugitives out of farm- Job Opportunity Benefits and Security alike—that growers have the means by workers and felons out of farmers. Act of 1998, also known as AgJOBS. Our which to hire needed workers. I believe That is the effect of our current guest bill will create a streamlined guest our legislation will help achieve that worker program. worker program to allow for a reliable goal. I urge my fellow colleagues to join supply of legal, temporary, agricul- Mr. President, let me briefly summa- Senators WYDEN, CRAIG, GRAHAM, GOR- tural workers. rize the improvements our bill makes TON, BUMPERS, HATCH, FEINSTEIN, Mr. President, we are facing a crisis over the current H–2A program. MCCONNELL, MACK and me as we intro- in agriculture—a crisis born of an inad- First and foremost, all of the labor duce this important bipartisan legisla- equate labor supply. For many years, protections currently in place for tion. farmers and nurserymen have strug- workers have been preserved. In fact, Mr. President, I ask unanimous con- gled to hire enough legal agricultural they have been improved substantially. sent that this legislation, along with workers to harvest their produce and Domestic workers under the new pro- the list of over 100 agriculture-related plants. The labor pool is competitive, gram will now receive unemployment associations that endorse this bill, be especially in my state of Oregon, where insurance and all complaints filed by printed in the RECORD. jobs are many and domestic workers workers will be investigated by the De- There being no objection, the mate- willing to do farm work are few. The partment of Labor. Also, foreign work- rial was ordered to be printed in the General Accounting Office even con- ers under the new program will retain RECORD, as follows: firmed that there have been local, re- their ability to transfer to other H–2A S. 2337 gional and crop-based labor shortages farms once they’ve completed work Be it enacted by the Senate and House of Rep- and losses. with their current employer. These resentatives of the United States of America in Labor intensive agriculture is the provisions will ensure that the rights Congress assembled, most rapidly growing area of agricul- of workers—both foreign and domes- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tural production in this country and tic—continue to be protected. (a) SHORT TITLE.—This Act may be cited as we can only expect the demand for ag- We’ve also improved the housing pro- the ‘‘Agricultural Job Opportunity Benefits ricultural labor jobs to continue to vision in the existing H–2A program, and Security Act of 1998’’. rise. When coupled with the lowest un- currently another barrier for many (b) TABLE OF CONTENTS.—The table of con- employment rates in decades and a farmers. For instance, in my state of tents of this Act is as follows: crackdown on illegal immigration, the Oregon, our strict land use laws pro- Sec. 1. Short title; table of contents. Sec. 2. Definitions. agriculture industry—and ultimately hibit building on farm land. This Sec. 3. Agricultural worker registries. its consumers—face a crisis. means that many farms do not have Sec. 4. Employer applications and assur- Currently, the H–2A program is the housing to offer and therefore cannot ances. only legal, temporary, foreign agricul- use the H–2A program. Under our new Sec. 5. Search of registry. tural worker program in the United bill, we allow employers the option of Sec. 6. Issuance of visas and admission of States. This program is not practicable providing a housing allowance to work- aliens. for the agriculture and horticulture in- ers if housing cannot be provided. This Sec. 7. Employment requirements. dustries because it is loaded with bur- Sec. 8. Enforcement and penalties. change will make it possible for many Sec. 9. Alternative program for the admis- densome regulations, excessive paper- more farmers to use the guest worker sion of temporary H–2A work- work, a bureaucratic certification program, and guest workers will still ers. process and untimely and inconsistent receive housing benefits. Sec. 10. Inclusion in employment-based im- decision-making by the U.S. Depart- To be fair to domestic workers, we migration preference alloca- ment of Labor. Also, as reported by the also created a process that would make tion. recent Department of Labor Inspector agriculture jobs available to them Sec. 11. Migrant and seasonal Head Start General, the H–2A program does not first. The bureaucratic and untimely program. Sec. 12. Regulations. meet the interests of domestic workers labor certification process of the H–2A Sec. 13. Funding from Wagner-Peyser Act. because it does a poor job of placing do- program will be replaced by a registry Sec. 14. Effective date. mestic workers in agricultural jobs. which uses existing DOL job bank com- SEC. 2. DEFINITIONS. I am proud to announce legislation puters to match domestic workers In this Act: that is the product of a bipartisan ef- seeking jobs with employers seeking (1) ADVERSE EFFECT WAGE RATE.—The term fort put forth today by several of my workers. If job openings still exist, ‘‘adverse effect wage rate’’ means the rate of colleagues. With their help, we have then employers will be allowed to bring pay for an agricultural occupation that is 5- been able to develop a consensus solu- in temporary foreign workers to fill percent above the prevailing rate of pay for tion that will create a workable system the open jobs. that agricultural occupation in an area of in- for recruiting workers domestically In order for employers to offer these tended employment, if the average hourly equivalent of the prevailing rate of pay for and preventing crops from rotting in and other protections, the program has the occupation is less than the prior year’s the fields. The bipartisan support for to be more practical to use. In our bill, average hourly earnings of field and live- this bill reflects months of hard work we have streamlined the impractical stock workers for the State (or region that by members of both parties. time-frame requirements for applying includes the State), as determined by the July 21, 1998 CONGRESSIONAL RECORD — SENATE S8663

Secretary of Agriculture. No adverse effect (b) REGISTRATION.— tural job opportunity, the employer shall wage rate shall be more than the prior year’s (1) IN GENERAL.—An eligible individual who apply to the Secretary for the referral of a average hourly earnings of field and live- seeks employment in temporary or seasonal United States worker through a search of stock workers for the State (or region that agricultural work may apply to be included the appropriate registry, in accordance with includes the State), as determined by the in the registry for the State or States in section 5. Such application shall— Secretary of Agriculture. which the individual seeks employment. (A) describe the nature and location of the (2) AGRICULTURAL EMPLOYMENT.—The term Such application shall include— work to be performed; ‘‘agricultural employment’’ means any serv- (A) the name and address of the individual; (B) list the anticipated period (expected be- ice or activity included within the provisions (B) the period or periods of time (including ginning and ending dates) for which workers of section 3(f) of the Fair Labor Standards beginning and ending dates) during which will be needed; Act of 1938 (29 U.S.C. 203(f)) or section 3121(g) the individual will be available for tem- (C) indicate the number of job opportuni- of the Internal Revenue Code of 1986 and the porary or seasonal agricultural work; ties in which the employer seeks to employ handling, planting, drying, packing, packag- (C) the registry or registries on which the workers from the registry; ing, processing, freezing, or grading prior to individual desires to be included; (D) describe the bona fide occupational delivery for storage of any agricultural or (D) the specific qualifications and work ex- qualifications that must be possessed by a horticultural commodity in its unmanufac- perience possessed by the applicant; worker to be employed in the job oppor- tured state. (E) the type or types of temporary or sea- tunity in question; (3) ELIGIBLE.—The term ‘‘eligible’’ as used sonal agricultural work the applicant is will- (E) describe the wages and other terms and with respect to workers or individuals, ing to perform; conditions of employment the employer will means individuals authorized to be employed (F) such other information as the applicant offer, which shall not be less (and are not re- in the United States as provided for in sec- wishes to be taken into account in referring quired to be more) than those required by tion 274A(h)(3) of the Immigration and Na- the applicant to temporary or seasonal agri- this section; tionality Act (8 U.S.C. 1188). cultural job opportunities; and (F) contain the assurances required by sub- (4) EMPLOYER.—The term ‘‘employer’’ (G) such other information as may be re- section (c); and means any person or entity, including any quired by the Secretary. (G) specify the foreign country or region independent contractor and any agricultural (2) VALIDATION OF EMPLOYMENT AUTHORIZA- thereof from which alien workers should be association, that employs workers. TION.—No person may be included on any admitted in the case of a failure to refer (5) JOB OPPORTUNITY.—The term ‘‘job op- registry unless the Attorney General has United States workers under this Act. portunity’’ means a specific period of em- certified to the Secretary of Labor that the (2) APPLICATIONS BY ASSOCIATIONS ON BE- ployment for a worker in one or more speci- person is authorized to be employed in the HALF OF EMPLOYER MEMBERS.— fied agricultural activities. United States. (A) IN GENERAL.—An agricultural associa- (6) PREVAILING WAGE.—The term ‘‘prevail- (3) WORKERS REFERRED TO JOB OPPORTUNI- tion may file an application under paragraph ing wage’’ means with respect to an agricul- TIES.—The name of each registered worker (1) for registered workers on behalf of its em- tural activity in an area of intended employ- who is referred and accepts employment with ployer members. ment, the rate of wages that includes the an employer pursuant to section 5 shall be (B) EMPLOYERS.—An application under sub- 51st percentile of employees in that agricul- classified as inactive on each registry on paragraph (A) shall cover those employer tural activity in the area of intended em- which the worker is included during the pe- members of the association that the associa- ployment, expressed in terms of the prevail- riod of employment involved in the job to tion certifies in its application have agreed ing method of pay for the agricultural activ- which the worker was referred, unless the in writing to comply with the requirements ity in the area of intended employment. worker reports to the Secretary that the of this Act. (7) REGISTERED WORKER.—The term ‘‘reg- worker is no longer employed and is avail- (b) AMENDMENT OF APPLICATIONS.—Prior to istered worker’’ means an individual whose able for referral to another job opportunity. receiving a referral of workers from a reg- name appears in a registry. A registered worker classified as inactive istry, an employer may amend an applica- tion under this subsection if the employer’s (8) REGISTRY.—The term ‘‘registry’’ means shall not be referred pursuant to section 5. an agricultural worker registry established (4) REMOVAL OF NAMES FROM A REGISTRY.— need for workers changes. If an employer under section 3(a). The Secretary shall remove from all reg- amends an application on a date which is later than 21 days prior to the date on which (9) SECRETARY.—The term ‘‘Secretary’’ istries the name of any registered worker the workers on the amended application are means the Secretary of Labor. who, on 3 separate occasions within a 3- sought to be employed, the Secretary may (10) UNITED STATES WORKER.—The term month period, is referred to a job oppor- delay issuance of the report described in sec- ‘‘United States worker’’ means any worker, tunity pursuant to this section, and who de- tion 5(b) by the number of days by which the whether a United States citizen, a United clines such referral or fails to report to work in a timely manner. filing of the amended application is later States national, or an alien who is author- than 21 days before the date on which the ized to work in the job opportunity within (5) VOLUNTARY REMOVAL.—A registered worker may request that the worker’s name employer desires to employ workers. the United States other than an alien admit- (c) ASSURANCES.—The assurances referred be removed from a registry or from all reg- ted pursuant to section 101(a)(15)(H)(ii)(a) or to in subsection (a)(1)(F) are the following: istries. 218 of the Immigration and Nationality Act, (1) ASSURANCE THAT THE JOB OPPORTUNITY (6) REMOVAL BY EXPIRATION.—The applica- as in effect on the effective date of this Act. IS NOT A RESULT OF A LABOR DISPUTE.—The tion of a registered worker shall expire, and SEC. 3. AGRICULTURAL WORKER REGISTRIES. employer shall assure that the job oppor- the Secretary shall remove the name of such (a) ESTABLISHMENT OF REGISTRIES.— tunity for which the employer requests a worker from all registries if the worker has (1) IN GENERAL.—The Secretary of Labor registered worker is not vacant because a not accepted a job opportunity pursuant to shall establish and maintain a system of reg- worker is involved in a strike, lockout, or this section within the preceding 12-month istries containing a current database of eli- work stoppage in the course of a labor dis- period. gible United States workers who seek to per- pute involving the job opportunity at the (7) REINSTATEMENT.—A worker whose name form temporary or seasonal agricultural place of employment. is removed from a registry pursuant to para- work and the employment status of such (2) ASSURANCE THAT THE JOB OPPORTUNITY graph (4), (5), or (6) may apply to the Sec- workers— IS TEMPORARY OR SEASONAL.— retary for reinstatement to such registry at (A) to ensure that eligible United States (A) REQUIRED ASSURANCE.—The employer any time. workers are informed about available agri- shall assure that the job opportunity for (c) CONFIDENTIALITY OF REGISTRIES.—The cultural job opportunities; Secretary shall maintain the confidentiality which the employer requests a registered (B) to maximize the work period for eligi- of the registries established pursuant to this worker is temporary or seasonal. ble United States workers; and section, and the information in such reg- (B) SEASONAL BASIS.—For purposes of this (C) to provide timely referral of such work- istries shall not be used for any purposes Act, labor is performed on a seasonal basis ers to temporary and seasonal agricultural other than those authorized in this Act. where, ordinarily, the employment pertains job opportunities in the United States. (d) ADVERTISING OF REGISTRIES.—The Sec- to or is of the kind exclusively performed at (2) COVERAGE.— retary shall widely disseminate, through ad- certain seasons or periods of the year and (A) SINGLE STATE OR GROUP OF STATES.— vertising and other means, the existence of which, from its nature, may not be continu- Each registry established under paragraph the registries for the purpose of encouraging ous or carried on throughout the year. (1) shall include the job opportunities in a eligible United States workers seeking tem- (C) TEMPORARY BASIS.—For purposes of this single State, or a group of contiguous States porary or seasonal agricultural job opportu- Act, a worker is employed on a temporary that traditionally share a common pool of nities to register. basis where the employment is intended not seasonal agricultural workers. SEC. 4. EMPLOYER APPLICATIONS AND ASSUR- to exceed 10 months. (B) REQUESTS FOR INCLUSION.—Each State ANCES. (3) ASSURANCE OF PROVISION OF REQUIRED requesting inclusion in a registry, or having (a) APPLICATIONS TO THE SECRETARY.— WAGES AND BENEFITS.—The employer shall any group of agricultural producers seeking (1) IN GENERAL.—Not later than 21 days assure that the employer will provide the to utilize the registry, shall be represented prior to the date on which an agricultural wages and benefits required by subsections by a registry or by a registry of contiguous employer desires to employ a registered (a), (b), and (c) of section 7 to all workers States. worker in a temporary or seasonal agricul- employed in job opportunities for which the S8664 CONGRESSIONAL RECORD — SENATE July 21, 1998 employer has applied under subsection (a) ployer who withdraws an application under tion of such registered workers in a report and to all other workers in the same occupa- subsection (a), or on whose behalf an applica- shall constitute a referral of workers under tion at the place of employment. tion is withdrawn, is relieved of the obliga- this section. (4) ASSURANCE OF EMPLOYMENT.—The em- tions undertaken in the application. (c) NOTICE OF INSUFFICIENT WORKERS.—If ployer shall assure that the employer will (2) LIMITATION.—An application may not be the report provided to the employer under refuse to employ individuals referred under withdrawn while any alien provided status subsection (b) does not include referral of a section 5, or terminate individuals employed under this Act pursuant to such application sufficient number of registered workers to pursuant to this Act, only for lawful job-re- is employed by the employer. fill all of the employer’s job opportunities in lated reasons, including lack of work. (3) OBLIGATIONS UNDER OTHER STATUTES.— the occupation for which the employer ap- (5) ASSURANCE OF COMPLIANCE WITH LABOR Any obligation incurred by an employer plied under section 4(a), the Secretary shall LAWS.— under any other law or regulation as a result indicate in the report the number of job op- (A) IN GENERAL.—An employer who re- of recruitment of United States workers portunities for which registered workers quests registered workers shall assure that, under an offer of terms and conditions of em- could not be referred, and promptly transmit except as otherwise provided in this Act, the ployment required as a result of making an a copy of the report to the Attorney General employer will comply with all applicable application under subsection (a) is unaf- and the Secretary of State, by electronic or other means ensuring next day delivery. Federal, State, and local labor laws, includ- fected by withdrawal of such application. SEC. 6. ISSUANCE OF VISAS AND ADMISSION OF ing laws affecting migrant and seasonal agri- (e) REVIEW OF APPLICATION.— ALIENS. cultural workers, with respect to all United (1) IN GENERAL.—Promptly upon receipt of (a) IN GENERAL.— States workers and alien workers employed an application by an employer under sub- (1) NUMBER OF ADMISSIONS.—The Secretary by the employer. section (a), the Secretary shall review the of State shall promptly issue visas to, and (B) LIMITATIONS.—The disclosure required application for compliance with the require- the Attorney General shall admit, a suffi- under section 201(a) of the Migrant and Sea- ments of such subsection. cient number of eligible aliens designated by sonal Agricultural Worker Protection Act (29 (2) APPROVAL OF APPLICATIONS.—If the Sec- the employer to fill the job opportunities of U.S.C. 1821(a)) may be made at any time retary determines that an application meets the employer— prior to the time the alien is issued a visa the requirements of subsection (a), and the (A) upon receipt of a copy of the report de- permitting entry into the United States. employer is not ineligible to apply under scribed in section 5(c); (6) ASSURANCE OF ADVERTISING OF THE REG- paragraph (2), (3), or (4) of section 8(b), the (B) upon receipt of an application (or copy ISTRY.—The employer shall assure that the Secretary shall, not later than 7 days after of an application under subsection (b)); employer will, from the day an application the receipt of such application, approve the (C) upon receipt of the report required by for workers is submitted under subsection application and so notify the employer. (a), and continuing throughout the period of subsection (c)(1)(B); or (3) REJECTION OF APPLICATIONS.—If the Sec- (D) upon receipt of a report under sub- employment of any job opportunity for retary determines that an application fails section (d). which the employer has applied for a worker to meet 1 or more of the requirements of sub- (2) PROCEDURES.—The admission of aliens from the registry, post in a conspicuous section (a), the Secretary, as expeditiously under paragraph (1) shall be subject to the place a poster to be provided by the Sec- as possible, but in no case later than 7 days retary advertising the availability of the procedures of section 218A of the Immigra- after the receipt of such application, shall— registry. tion and Nationality Act, as added by this (A) notify the employer of the rejection of (7) ASSURANCE OF CONTACTING FORMER Act. the application and the reasons for such re- WORKERS.—The employer shall assure that (3) AGRICULTURAL ASSOCIATIONS.—Aliens jection, and provide the opportunity for the the employer has made reasonable efforts admitted pursuant to a report described in prompt resubmission of an amended applica- through the sending of a letter by United paragraph (1) may be employed by any mem- tion; and States Postal Service mail, or otherwise, to ber of the agricultural association that has (B) offer the applicant an opportunity to contact any eligible worker the employer made the certification required by section request an expedited administrative review employed during the previous season in the 4(a)(2)(B). or a de novo administrative hearing before occupation at the place of intended employ- (b) DIRECT APPLICATION UPON FAILURE TO an administrative law judge of the rejection ment for which the employer is applying for ACT.— of the application. registered workers, and has made the avail- (1) APPLICATION TO THE SECRETARY OF (4) REJECTION FOR PROGRAM VIOLATIONS.— ability of the employer’s job opportunities in STATE.—If the employer has not received a the occupation at the place of intended em- The Secretary shall reject the application of referral of sufficient workers pursuant to ployment known to such previous worker, an employer under this section if the em- section 5(b) or a report of insufficient work- unless the worker was terminated from em- ployer has been determined to be ineligible ers pursuant to section 5(c), by the date that ployment by the employer for a lawful job- to employ workers under section 8(b) or sub- is 7 days before the date on which the work related reason or abandoned the job before section (b)(2) of section 218 of the Immigra- is anticipated to begin, the employer may the worker completed the period of employ- tion and Nationality Act (8 U.S.C. 1188). submit an application for alien workers di- ment of the job opportunity for which the SEC. 5. SEARCH OF REGISTRY. rectly to the Secretary of State, with a copy worker was hired. (a) SEARCH PROCESS AND REFERRAL TO THE of the application provided to the Attorney (8) ASSURANCE OF PROVISION OF WORKERS EMPLOYER.—Upon the approval of an applica- General, seeking the issuance of visas to and COMPENSATION.—The employer shall assure tion under section 4(e), the Secretary shall the admission of aliens for employment in that if the job opportunity is not covered by promptly begin a search of the registry of the job opportunities for which the employer the State workers’ compensation law, that the State (or States) in which the work is to has not received referral of registered work- the employer will provide, at no cost to the be performed to identify registered workers ers. Such an application shall include a copy worker, insurance covering injury and dis- with the qualifications requested by the em- of the employer’s application under section ease arising out of and in the course of the ployer. The Secretary shall contact such 4(a), together with evidence of its timely worker’s employment which will provide qualified registered workers and determine, submission. The Secretary of State may con- benefits at least equal to those provided in each instance, whether the worker is sult with the Secretary of Labor in carrying under the State workers’ compensation law ready, willing, and able to accept the em- out this paragraph. for comparable employment. ployer’s job opportunity and will commit to (2) EXPEDITED CONSIDERATION BY SECRETARY (9) ASSURANCE OF UNEMPLOYMENT INSUR- work for the employer at the time and place OF STATE.—The Secretary of State shall, as ANCE COVERAGE.—The employer shall assure needed. The Secretary shall provide to each expeditiously as possible, but not later than that if the employer’s employment is not worker who commits to work for the em- 5 days after the employer files an application covered employment under the State’s un- ployer the employer’s name, address, tele- under paragraph (1), issue visas to, and the employment insurance law, the employer phone number, the location where the em- Attorney General shall admit, a sufficient will provide unemployment insurance cov- ployer has requested that employees report number of eligible aliens designated by the erage for the employer’s United States work- for employment, and a statement disclosing employer to fill the job opportunities for ers at the place of employment for which the the terms and conditions of employment. which the employer has applied under that employer has applied for workers under sub- (b) DEADLINE FOR COMPLETING SEARCH paragraph. section (a). PROCESS; REFERRAL OF WORKERS.—As expedi- (c) REDETERMINATION OF NEED.— (d) WITHDRAWAL OF APPLICATIONS.— tiously as possible, but not later than 7 days (1) REQUESTS FOR REDETERMINATION.— (1) IN GENERAL.—An employer may with- before the date on which an employer desires (A) IN GENERAL.—An employer may file a draw an application under subsection (a), ex- work to begin, the Secretary shall complete request for a redetermination by the Sec- cept that, if the employer is an agricultural the search under subsection (a) and shall retary of the needs of the employer if— association, the association may withdraw transmit to the employer a report contain- (i) a worker referred from the registry is an application under subsection (a) with re- ing the name, address, and social security not at the place of employment on the date spect to one or more of its members. To account number of each registered worker of need shown on the application, or the date withdraw an application, the employer shall who has committed to work for the employer the work for which the worker is needed has notify the Secretary in writing, and the Sec- on the date needed, together with sufficient begun, whichever is later; retary shall acknowledge in writing the re- information to enable the employer to estab- (ii) the worker is not ready, willing, able, ceipt of such withdrawal notice. An em- lish contact with the worker. The identifica- or qualified to perform the work required; or July 21, 1998 CONGRESSIONAL RECORD — SENATE S8665

(iii) the worker abandons the employment (B) COMPLIANCE WHEN PAYING AN INCENTIVE of alien workers to whom the employer pro- or is terminated for a lawful job-related rea- RATE.—In the case of an employer that pays vides housing pursuant to paragraph (1). son. a piece rate or task rate or uses any other (7) HOUSING ALLOWANCE AS ALTERNATIVE.— (B) ADDITIONAL AUTHORIZATION OF ADMIS- incentive payment method, including a (A) IN GENERAL.—In lieu of offering housing SIONS.—The Secretary shall expeditiously, group rate, the employer shall be considered pursuant to paragraph (1), subject to sub- but in no case later than 72 hours after a re- to be in compliance with any applicable paragraphs (B) through (D), the employer determination is requested under subpara- hourly wage requirement if the average of may on a case-by-case basis provide a rea- graph (A), submit a report to the Secretary the hourly earnings of the workers, taken as sonable housing allowance. An employer who of State and the Attorney General providing a group, the activity for which a piece rate, offers a housing allowance to a worker pur- notice of a need for workers under this sub- task rate, or other incentive payment, in- suant to this subparagraph shall not be section. cluding a group rate, is paid, for the pay pe- deemed to be a housing provider under sec- (2) JOB-RELATED REQUIREMENTS.—An em- riod, is at least equal to the required hourly tion 203 of the Migrant and Seasonal Agricul- ployer shall not be required to initially em- wage. tural Worker Protection Act (29 U.S.C. 1823) ploy a worker who fails to meet lawful job- (C) TASK RATE.—For purposes of this para- solely by virtue of providing such housing al- related employment criteria, nor to continue graph, the term ‘‘task rate’’ means an incen- lowance. the employment of a worker who fails to tive payment method based on a unit of (B) LIMITATION.—At any time after the meet lawful, job-related standards of con- work performed such that the incentive rate date that is 3 years after the effective date of duct and performance, including failure to varies with the level of effort required to this Act, the governor of the State may cer- meet minimum production standards after a perform individual units of work. tify to the Secretary that there is not suffi- 3-day break-in period. (D) GROUP RATE.—For purposes of this cient housing available in an area of in- (d) EMERGENCY APPLICATIONS.—Notwith- paragraph, the term ‘‘group rate’’ means an tended employment of migrant farm workers standing subsections (b) and (c), the Sec- incentive payment method in which the pay- retary may promptly transmit a report to or aliens provided status pursuant to this ment is shared among a group of workers Act who are seeking temporary housing the Attorney General and Secretary of State working together to perform the task. providing notice of a need for workers under while employed at farm work. Such certifi- this subsection for an employer— (b) REQUIREMENT TO PROVIDE HOUSING.— cation may be canceled by the governor of (1) who has not employed aliens under this (1) IN GENERAL.—An employer applying the State at any time, and shall expire after Act in the occupation in question in the under section 4(a) for registered workers 5 years unless renewed by the governor of the prior year’s agricultural season; shall offer to provide housing at no cost (ex- State. (2) who faces an unforeseen need for work- cept for charges permitted by paragraph (5)) (C) EFFECT OF CERTIFICATION.—If the gov- ers (as determined by the Secretary); and to all workers employed in job opportunities ernor of the State makes the certification of (3) with respect to whom the Secretary to which the employer has applied under insufficient housing described in subpara- cannot refer able, willing, and qualified that section, and to all other workers in the graph (A) with respect to an area of employ- workers from the registry who will commit same occupation at the place of employ- ment, employers of workers in that area of to be at the employer’s place of employment ment, whose permanent place of residence is employment may not offer the housing al- and ready for work within 72 hours or on the beyond normal commuting distance. lowance described in subparagraph (A) after date the work for which the worker is needed (2) TYPE OF HOUSING.—In complying with the date that is 5 years after such certifi- has begun, whichever is later. paragraph (1), an employer may, at the em- cation of insufficient housing for such area, (e) REGULATIONS.—The Secretary of State ployer’s election, provide housing that meets unless the certification has expired or been shall prescribe regulations to provide for the applicable Federal standards for temporary canceled pursuant to subparagraph (B). designation of aliens under this section. labor camps or secure housing that meets ap- (D) AMOUNT OF ALLOWANCE.—The amount SEC. 7. EMPLOYMENT REQUIREMENTS. plicable local standards for rental or public of a housing allowance under this paragraph (a) REQUIRED WAGES.— accommodation housing or other substan- shall be equal to the statewide average fair (1) IN GENERAL.—An employer applying tially similar class of habitation, or, in the market rental for existing housing for non- under section 4(a) for workers shall offer to absence of applicable local standards, State metropolitan counties for the State in which pay, and shall pay, all workers in the occu- standards for rental or public accommoda- the employment occurs, as established by pation or occupations for which the em- tion housing or other substantially similar the Secretary of Housing and Urban Develop- ployer has applied for workers from the reg- class of habitation. ment pursuant to section 8(c) of the United istry, not less (and is not required to pay (3) WORKERS ENGAGED IN THE RANGE PRO- States Housing Act of 1937 (42 U.S.C. more) than the greater of the prevailing DUCTION OF LIVESTOCK.—The Secretary shall 1437f(c)), based on a 2-bedroom dwelling unit wage in the occupation in the area of in- issue regulations that address the specific re- and an assumption of 2 persons per bedroom. tended employment or the adverse effect quirements for the provision of housing to wage rate. workers engaged in the range production of (c) REIMBURSEMENT OF TRANSPORTATION.— (2) PAYMENT OF PREVAILING WAGE DETER- livestock. (1) TO PLACE OF EMPLOYMENT.—A worker MINED BY A STATE EMPLOYMENT SECURITY (4) LIMITATION.—Nothing in this subsection who is referred to a job opportunity under AGENCY SUFFICIENT.—In complying with shall be construed to require an employer to section 5(a), or an alien employed pursuant paragraph (1), an employer may request and provide or secure housing for persons who to this Act, who completes 50 percent of the obtain a prevailing wage determination from were not entitled to such housing under the period of employment of the job opportunity the State employment security agency. If temporary labor certification regulations in for which the worker was hired, may apply the employer requests such a determination, effect on June 1, 1986. to the Secretary for reimbursement of the and pays the wage required by paragraph (1) (5) CHARGES FOR HOUSING.— cost of the worker’s transportation and sub- based upon such a determination, such pay- (A) UTILITIES AND MAINTENANCE.—An em- sistence from the worker’s permanent place ment shall be considered sufficient to meet ployer who provides housing to a worker pur- of residence (or place of last employment, if the requirement of paragraph (1). suant to paragraph (1) may charge an the worker traveled from such place) to the (3) RELIANCE ON WAGE SURVEY.—In lieu of amount equal to the fair market value (but place of employment to which the worker the procedure of paragraph (2), an employer not greater than the employer’s actual cost) was referred under section 5(a). may rely on other information, such as an for maintenance and utilities, or such lesser (2) FROM PLACE OF EMPLOYMENT.—A worker employer-generated prevailing wage survey amount as permitted by law. who is referred to a job opportunity under and determination that meets criteria speci- (B) SECURITY DEPOSIT.—An employer who section 5(a), or an alien employed pursuant fied by the Secretary. provides housing to workers pursuant to to this Act, who completes the period of em- (4) ALTERNATIVE METHODS OF PAYMENT PER- paragraph (1) may require, as a condition for ployment for the job opportunity involved, MITTED.— providing such housing, a deposit not to ex- may apply to the Secretary for reimburse- (A) IN GENERAL.—A prevailing wage may be ceed $50 from workers occupying such hous- ment of the cost of the worker’s transpor- expressed as an hourly wage, a piece rate, a ing to protect against gross negligence or tation and subsistence from the place of em- task rate, or other incentive payment meth- willful destruction of property. ployment to the worker’s permanent place of od, including a group rate. The requirement (C) DAMAGES.—An employer who provides residence (or place of next employment, if to pay at least the prevailing wage in the oc- housing to workers pursuant to paragraph (1) the worker travels from the place of current cupation and area of intended employment may require a worker found to have been re- employment to a subsequent place of em- does not require an employer to pay by the sponsible for damage to such housing which ployment and is otherwise ineligible for re- method of pay in which the prevailing rate is is not the result of normal wear and tear re- imbursement under paragraph (1) with re- expressed, except that, if the employer lated to habitation to reimburse the em- spect to such subsequent place of employ- adopts a method of pay other than the pre- ployer for the reasonable cost of repair of ment). vailing rate, the burden of proof is on the such damage. (3) LIMITATION.— employer to demonstrate that the employ- (6) REDUCED USER FEE FOR WORKERS PRO- (A) AMOUNT OF REIMBURSEMENT.—Except as er’s method of pay is designed to produce VIDED HOUSING.—An employer shall receive a provided in subparagraph (B), the amount of earnings equivalent to the earnings that credit of 40 percent of the payment otherwise reimbursement provided under paragraph (1) would result from payment of the prevailing due pursuant to section 218(b) of the Immi- or (2) to a worker or alien shall not exceed rate. gration and Nationality Act on the earnings the lesser of— S8666 CONGRESSIONAL RECORD — SENATE July 21, 1998

(i) the actual cost to the worker or alien of the termination or continuation of such pro- (2) WRITTEN NOTICE OF FINDING AND OPPOR- the transportation and subsistence involved; gram. TUNITY FOR APPEAL.—After an investigation or (C) TERMINATION OF PROGRAM.—The rec- has been conducted, the Secretary shall issue (ii) the most economical and reasonable ommendations of the Secretary in the report a written determination as to whether or not transportation and subsistence costs that submitted under subparagraph (B) shall be- any violation described in subsection (b) has would have been incurred had the worker or come effective upon the expiration of the 90- been committed. The Secretary’s determina- alien used an appropriate common carrier, as day period beginning on the date on which tion shall be served on the complainant and determined by the Secretary. such report is submitted unless Congress en- the employer, and shall provide an oppor- (B) DISTANCE TRAVELED.—No reimburse- acts a joint resolution disapproving such rec- tunity for an appeal of the Secretary’s deci- ment under paragraph (1) or (2) shall be re- ommendations. sion to an administrative law judge, who quired if the distance traveled is 100 miles or (d) CONTINUING OBLIGATION TO EMPLOY may conduct a de novo hearing. less. UNITED STATES WORKERS.— (b) REMEDIES.— (4) USE OF TRUST FUND.—Reimbursements (1) IN GENERAL.—An employer that applies (1) BACK WAGES.—Upon a final determina- made by the Secretary to workers or aliens for registered workers under section 4(a) tion that the employer has failed to pay under this subsection shall be considered to shall, as a condition for the approval of such wages as required under this section, the be administrative expenses for purposes of application, continue to offer employment to Secretary may assess payment of back wages section 218A(b)(4) of the Immigration and qualified, eligible United States workers who due to any United States worker or alien de- Nationality Act, as added by this Act. are referred under section 5(b) after the em- scribed in section 101(a)(15)(H)(ii)(a) of the ployer receives the report described in sec- Immigration and Nationality Act employed (d) ESTABLISHMENT OF PILOT PROGRAM FOR tion 5(b). ADVANCING TRANSPORTATION COSTS.— by the employer in the specific employment (2) LIMITATION.—An employer shall not be (1) IN GENERAL.—The Secretary shall estab- in question. The back wages shall be equal to obligated to comply with paragraph (1)— the difference between the amount that lish a pilot program for the issuance of (A) after 50 percent of the anticipated pe- vouchers to United States workers who are should have been paid and the amount that riod of employment shown on the employer’s actually was paid to such worker. referred to job opportunities under section application under section 4(a) has elapsed; or 5(a) for the purpose of enabling such workers (2) FAILURE TO PAY WAGES.—Upon a final (B) during any period in which the em- determination that the employer has failed to purchase common carrier transportation ployer is employing no aliens in the occupa- to the place of employment. to pay the wages required under this Act, the tion for which the United States worker was Secretary may assess a civil money penalty (2) LIMITATION.—A voucher may only be referred; or up to $1,000 for each failure, and may rec- provided to a worker under paragraph (1) if (C) during any period when the Secretary ommend to the Attorney General the dis- the job opportunity involved requires that is conducting a search of a registry for job qualification of the employer from the em- the worker temporarily relocate to a place of opportunities in the occupation and area of ployment of aliens described in section employment that is more than 100 miles intended employment to which the worker 101(a)(15)(H)(ii)(a) of the Immigration and from the worker’s permanent place of resi- has been referred, or other occupations in Nationality Act for a period of time deter- dence or last place of employment, and the the area of intended employment for which mined by the Secretary not to exceed 1 year. worker attests that the worker cannot travel the worker is qualified that offer substan- (3) OTHER VIOLATIONS.—If the Secretary, as to the place of employment without such as- tially similar terms and conditions of em- a result of an investigation pursuant to a sistance from the Secretary. ployment. complaint, determines that an employer cov- (3) NUMBER OF VOUCHERS.—The Secretary (3) LIMITATION ON REQUIREMENT TO PROVIDE ered by an application under section 4(a) shall award vouchers under the pilot pro- HOUSING.—Notwithstanding any other provi- gram under paragraph (1) to workers referred sion of this Act, an employer to whom a reg- has— from each registry in proportion to the num- istered worker is referred pursuant to para- (A) filed an application that misrepresents ber of workers registered with each such reg- graph (1) may provide a reasonable housing a material fact; or istry. allowance to such referred worker in lieu of (B) failed to meet a condition specified in (4) REIMBURSEMENT.— providing housing if the employer does not section 4, (A) USE OF TRUST FUND.—Reimbursements have sufficient housing to accommodate the the Secretary may assess a civil money pen- for the cost of vouchers provided by the Sec- referred worker and all other workers for alty not to exceed $1,000 for each violation retary under this subsection for workers who whom the employer is providing housing or and may recommend to the Attorney Gen- complete at least 50 percent of the period of has committed to provide housing. eral the disqualification of the employer for employment of the job opportunity for which (4) REFERRAL OF WORKERS DURING 50-PER- substantial violations in the employment of the worker was hired shall be considered to CENT PERIOD.—The Secretary shall make all any United States workers or aliens de- be administrative expenses for purposes of reasonable efforts to place a registered work- scribed in section 101(a)(15)(ii)(a) of the Im- section 218A(b)(4) of the Immigration and er in an open job acceptable to the worker, migration and Nationality Act for a period Nationality Act, as added by this Act. including available jobs not listed on the of time determined by the Secretary not to (B) OF SECRETARY.—A worker who receives registry, before referring such worker to an exceed 1 year. In determining the amount of a voucher under this subsection who fails to employer for a job opportunity already filled civil money penalty to be assessed, or wheth- complete at least 50 percent of the period of by, or committed to, an alien admitted pur- er to recommend disqualification of the em- employment of the job opportunity for which suant to this Act. ployer, the Secretary shall consider the seri- the worker was hired under the job oppor- SEC. 8. ENFORCEMENT AND PENALTIES. ousness of the violation, the good faith of tunity involved shall reimburse the Sec- (a) ENFORCEMENT AUTHORITY.— the employer, the size of the business of the retary for the cost of the voucher. (1) INVESTIGATION OF COMPLAINTS.— employer being charged, the history of pre- (5) REPORT AND CONTINUATION OF PRO- (A) IN GENERAL.—The Secretary shall es- vious violations by the employer, whether GRAM.— tablish a process for the receipt, investiga- the employer obtained a financial gain from (A) COLLECTION OF DATA.—The Secretary tion, and disposition of complaints respect- the violation, whether the violation was shall collect data on— ing an employer’s failure to meet a condition willful, and other relevant factors. (i) the extent to which workers receiving specified in section 4 or an employer’s mis- (4) PROGRAM DISQUALIFICATION.— vouchers under this subsection report, in a representation of material facts in an appli- (A) 3 YEARS FOR SECOND VIOLATION.—Upon a timely manner, to the jobs to which such cation under that section. Complaints may second final determination that an employer workers have been referred; be filed by any aggrieved person or any orga- has failed to pay the wages required under (ii) whether such workers complete the job nization (including bargaining representa- this Act or committed other substantial vio- opportunities involved; and tives). No investigation or hearing shall be lations under paragraph (3), the Secretary (iii) the extent to which such workers do conducted on a complaint concerning such a shall report such determination to the At- not complete at least 50 percent of the period failure or misrepresentation unless the com- torney General and the Attorney General of employment the job opportunities for plaint was filed not later than 12 months shall disqualify the employer from the em- which the workers were hired. after the date of the failure or misrepresen- ployment of aliens described in section (B) REPORT.—Not later than 6 months after tation, as the case may be. The Secretary 101(a)(15)(H)(ii)(a) of the Immigration and the expiration of the second fiscal year dur- shall conduct an investigation under this Nationality Act for a period of 3 years. ing which the program under this subsection paragraph if there is reasonable cause to be- (B) PERMANENT FOR THIRD VIOLATION.— is in operation, the Secretary, in consulta- lieve that such a failure or misrepresenta- Upon a third final determination that an em- tion with the Secretary of Agriculture, shall tion has occurred. ployer has failed to pay the wages required prepare and submit to the Committee on the (B) STATUTORY CONSTRUCTION.—Nothing in under this section, or committed other sub- Judiciary of the Senate and the Committee this Act limits the authority of the Sec- stantial violations under paragraph (3), the on the Judiciary of the House of Representa- retary of Labor to conduct any compliance Secretary shall report such determination to tives, a report, based on the data collected investigation under any other labor law, in- the Attorney General, and the Attorney Gen- under subparagraph (A), concerning the re- cluding any law affecting migrant and sea- eral shall disqualify the employer from any sults of the program established under this sonal agricultural workers or, in the absence subsequent employment of aliens described section. Such report shall contain the rec- of a complaint under this paragraph, under in section 101(a)(15)(H)(ii)(a) of the Immigra- ommendations of the Secretary concerning this Act. tion and Nationality Act. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8667

(c) ROLE OF ASSOCIATIONS.— or being provided status under this section if alien’s authorized employment. The applica- (1) VIOLATION BY A MEMBER OF AN ASSOCIA- the alien has, at any time during the past 5 tion shall be accompanied by a copy of the TION.—An employer on whose behalf an ap- years— appropriate report or application described plication is filed by an association acting as ‘‘(I) violated a material provision of this in section 6 of the Agricultural Job Oppor- its agent is fully responsible for such appli- section, including the requirement to tunity Benefits and Security Act of 1998. cation, and for complying with the terms promptly depart the United States when the ‘‘(B) LIMITATION ON FILING AN APPLICATION and conditions of this Act, as though the em- alien’s authorized period of admission under FOR EXTENSION OF STAY.—An application may ployer had filed the application itself. If such this section has expired; or not be filed for an extension of an alien’s an employer is determined to have violated a ‘‘(II) otherwise violated a term or condi- stay for a period of more than 10 months, or requirement of this section, the penalty for tion of admission to the United States as a later than a date which is 3 years from the such violation shall be assessed against the nonimmigrant, including overstaying the pe- date of the alien’s last admission to the employer who committed the violation and riod of authorized admission as such a non- United States under this section, whichever not against the association or other mem- immigrant. occurs first. bers of the association. ‘‘(iii) INITIAL WAIVER OF INELIGIBILITY FOR ‘‘(C) WORK AUTHORIZATION UPON FILING AN (2) VIOLATION BY AN ASSOCIATION ACTING AS UNLAWFUL PRESENCE.—An alien who has not APPLICATION FOR EXTENSION OF STAY.—An AN EMPLOYER.—If an association filing an ap- previously been admitted to the United employer may begin employing an alien who plication on its own behalf as an employer is States pursuant to this section, and who is is present in the United States who has ac- determined to have committed a violation otherwise eligible for admission in accord- quired status under this Act on the day the under this subsection which results in dis- ance with clauses (i) and (ii), shall not be employer files an application for extension qualification from the program under sub- deemed inadmissible by virtue of section of stay. For the purpose of this requirement, section (b), no individual member of such as- 212(a)(9)(B). the term ‘filing’ means sending the applica- sociation may be the beneficiary of the serv- ‘‘(B) PERIOD OF ADMISSION.—The alien shall tion by certified mail via the United States ices of an alien described in section be admitted for the period requested by the Postal Service, return receipt requested, or 101(a)(15)(H)(ii)(a) of the Immigration and employer not to exceed 10 months, or the delivered by guaranteed commercial delivery Nationality Act in an occupation in which ending date of the anticipated period of em- which will provide the employer with a docu- such alien was employed by the association ployment on the employer’s application for mented acknowledgment of the date of send- during the period such disqualification is in registered workers, whichever is less, plus an ing and receipt of the application. The em- effect, unless such member files an applica- additional period of 14 days, during which ployer shall provide a copy of the employer’s tion as an individual employer or such appli- the alien shall seek authorized employment application to the alien, who shall keep the cation is filed on the employer’s behalf by an in the United States. During the 14-day pe- application with the alien’s identification association with which the employer has an riod following the expiration of the alien’s and employment eligibility document as evi- agreement that the employer will comply work authorization, the alien is not author- dence that the application has been filed and with the requirements of this Act. ized to be employed unless an employer who that the alien is authorized to work in the is authorized to employ such worker has United States. Upon approval of an applica- SEC. 9. ALTERNATIVE PROGRAM FOR THE ADMIS- filed an extension of stay on behalf of the SION OF TEMPORARY H–2A WORK- tion for an extension of stay or change in the alien pursuant to paragraph (2). ERS. alien’s authorized employment, the Attorney ‘‘(C) ABANDONMENT OF EMPLOYMENT.— (a) AMENDMENTS TO THE IMMIGRATION AND General shall provide a new or updated em- ‘‘(i) IN GENERAL.—An alien admitted or pro- NATIONALITY ACT.— ployment eligibility document to the alien vided status under this section who abandons (1) ELECTION OF PROCEDURES.—Section indicating the new validity date, after which the employment which was the basis for such 214(c)(1) of the Immigration and Nationality the alien is not required to retain a copy of admission or providing status shall be con- Act (8 U.S.C. 1184(c)(1)) is amended— the application. sidered to have failed to maintain non- (A) by striking the fifth and sixth sen- ‘‘(D) LIMITATION ON EMPLOYMENT AUTHOR- immigrant status as an alien described in tences; IZATION OF ALIENS WITHOUT VALID IDENTIFICA- section 101(a)(15)(H)(ii)(a) and shall depart (B) by striking ‘‘(c)(1) The’’ and inserting TION AND EMPLOYMENT ELIGIBILITY CARD.—An the United States or be subject to removal ‘‘(c)(1)(A) Except as provided in subpara- expired identification and employment eligi- under section 237(a)(1)(C)(i). graph (B), the’’; and bility document, together with a copy of an ‘‘(ii) REPORT BY EMPLOYER.—The employer (C) by adding at the end the following new (or association acting as agent for the em- application for extension of stay or change subparagraph: ployer) shall notify the Attorney General in the alien’s authorized employment, shall ‘‘(B) Notwithstanding subparagraph (A), in within 7 days of an alien admitted or pro- constitute a valid work authorization docu- the case of the importing of any non- vided status under this Act who prematurely ment for a period of not more than 60 days immigrant alien described in section abandons the alien’s employment. from the date of application for the exten- 101(a)(15)(H)(ii)(a), the importing employer ‘‘(D) ISSUANCE OF IDENTIFICATION AND EM- sion of stay, after which time only a cur- may elect to import the alien under the pro- PLOYMENT ELIGIBILITY DOCUMENT.— rently valid identification and employment cedures of section 218 or section 218A, except ‘‘(i) IN GENERAL.—The Attorney General eligibility document shall be acceptable. that any employer that applies for registered shall cause to be issued to each alien admit- ‘‘(E) LIMITATION ON AN INDIVIDUAL’S STAY IN workers under section 4(a) of the Agricul- ted under this section a card in a form which STATUS.—An alien having status under this tural Job Opportunity Benefits and Security is resistant to counterfeiting and tampering section may not have the status extended for Act of 1998 shall import nonimmigrants de- for the purpose of providing proof of identity a continuous period longer than 3 years un- scribed in section 101(a)(15)(H)(ii)(a) only in and employment eligibility under section less the alien remains outside the United accordance with section 218A. For purposes 274A. States for an uninterrupted period of 6 of subparagraph (A), with respect to the im- ‘‘(ii) DESIGN OF CARD.—Each card issued months. An absence from the United States porting of nonimmigrants under section 218, pursuant to clause (i) shall be designed in may break the continuity of the period for the term ‘appropriate agencies of Govern- such a manner and contain a photograph and which a nonimmigrant visa issued under sec- ment’ means the Department of Labor and other identifying information (such as date tion 101(a)(15)(H)(ii)(a) is valid. If the alien includes the Department of Agriculture.’’. of birth, sex, and distinguishing marks) that has resided in the United States 10 months or (2) ALTERNATIVE PROGRAM.—The Immigra- would allow an employer to determine with less, an absence breaks the continuity of the tion and Nationality Act is amended by in- reasonable certainty that the bearer is not period if its lasts for at least 2 months. If the serting after section 218 (8 U.S.C. 1188) the claiming the identity of another individual, alien has resided in the United States 10 following new section: and shall— months or more, an absence breaks the con- ‘‘ALTERNATIVE PROGRAM FOR THE ADMISSION ‘‘(I) specify the date of the alien’s acquisi- tinuity of the period if it lasts for at least OF TEMPORARY H–2A WORKERS tion of status under this section; one-fifth the duration of the stay. ‘‘SEC. 218A. (a) PROCEDURE FOR ADMISSION ‘‘(II) specify the expiration date of the ‘‘(b) TRUST FUND.— OR EXTENSION OF ALIENS.— alien’s work authorization; and ‘‘(1) ESTABLISHMENT.—There is established ‘‘(1) ALIENS WHO ARE OUTSIDE THE UNITED ‘‘(III) specify the alien’s admission number in the Treasury of the United States a trust STATES.— or alien file number. fund (in this section referred to as the ‘Trust ‘‘(A) CRITERIA FOR ADMISSIBILITY.— ‘‘(2) EXTENSION OF STAY OF ALIENS IN THE Fund’) for the purpose of funding the costs of ‘‘(i) IN GENERAL.—An alien described in sec- UNITED STATES.— administering this section and, in the event tion 101(a)(15)(H)(ii)(a) of the Immigration ‘‘(A) EXTENSION OF STAY.—If an employer of an adverse finding by the Attorney Gen- and Nationality Act shall be admissible with respect to whom a report or application eral under subsection (c), for the purpose of under this section if the alien is designated described in section 6(a)(1) of the Agricul- providing a monetary incentive for aliens de- pursuant to section 6 of the Agricultural Job tural Job Opportunity Benefits and Security scribed in section 101(a)(15)(H)(ii)(a) to re- Opportunity Benefits and Security Act of Act of 1998 has been submitted seeks to em- turn to their country of origin upon expira- 1998, otherwise admissible under this Act, ploy an alien who has acquired status under tion of their visas under this section. and the alien is not ineligible under clause this section and who is present in the United ‘‘(2) TRANSFERS TO TRUST FUND.— (ii). States, the employer shall file with the At- ‘‘(A) IN GENERAL.—There is appropriated to ‘‘(ii) DISQUALIFICATION.—An alien shall be torney General an application for an exten- the Trust Fund amounts equivalent to the ineligible for admission to the United States sion of the alien’s stay or a change in the sum of the following: S8668 CONGRESSIONAL RECORD — SENATE July 21, 1998 ‘‘(i) Such employers shall pay to the Sec- may be made only in interest-bearing obliga- (B) The table of contents of that Act is retary of the Treasury a user fee in an tions of the United States or in obligations amended by striking the item relating to amount equivalent to so much of the Federal guaranteed as to both principal and interest section 218A. tax that is not transferred to the States on by the United States. For such purpose, such (C) The section heading for section 218 of the earnings of such aliens that the em- obligations may be acquired— that Act is amended by striking ‘‘ALTER- ployer would be obligated to pay under the ‘‘(i) on original issue at the price; or NATIVE PROGRAM FOR’’. Federal Unemployment Tax Act and the Fed- ‘‘(ii) by purchase of outstanding obliga- (3) TERMINATION OF EMPLOYER ELECTION.— eral Insurance Contributions Act if the earn- tions at the market price. Section 214(c)(1)(B) of the Immigration and ings were subject to such Acts. Such pay- The purposes for which obligations of the Nationality Act is amended to read as fol- ment shall be in lieu of any other employer United States may be issued under chapter lows: fees for the benefits provided to employers 31 of title 31, United States Code, are hereby ‘‘(B) Notwithstanding subparagraph (A), pursuant to this Act or in connection with extended to authorize the issuance at par of the procedures of section 218 shall apply to the admission of aliens pursuant to section special obligations exclusively to the Trust the importing of any nonimmigrant alien de- 218A. Fund. Such special obligations shall bear in- scribed in section 101(a)(15)(H)(ii)(a).’’. ‘‘(ii) In the event of an adverse finding by terest at a rate equal to the average rate of (4) MAINTENANCE OF CERTAIN SECTION 218 the Attorney General under subsection (c), interest, computed as to the end of the cal- PROVISIONS.—Section 218 (as redesignated by employers of aliens under this section shall endar month next preceding the date of such paragraph (2) of this subsection) is amended withhold from the wages of such aliens an issue, borne by all marketable interest-bear- by adding at the end the following: amount equivalent to 20 percent of the earn- ing obligations of the United States then ‘‘(d) MISCELLANEOUS PROVISIONS.—(1) The ings of each alien and pay such withheld forming a part of the public debt, except that Attorney General shall provide for such en- amount to the Secretary of the Treasury. where such average rate is not a multiple of dorsement of entry and exit documents of ‘‘(B) TREATMENT OF AMOUNTS.—Amounts one-eighth of 1 percent next lower than such nonimmigrants described in section paid to the Secretary of the Treasury under average rate. Such special obligations shall 101(a)(15)(H)(ii) as may be necessary to carry subparagraph (A) shall be treated as employ- be issued only if the Secretary of the Treas- out this section and to provide notice for ment taxes for purposes of subtitle C of the ury determines that the purchase of other purposes of section 274A. Internal Revenue Code of 1986. interest-bearing obligations of the United ‘‘(2) The provisions of subsections (a) and ‘‘(C) TREATMENT AS OFFSETTING RECEIPTS.— States, or of obligations guaranteed as to (c) of section 214 and the provisions of this Amounts appropriated to the Trust Fund both principal and interest by the United section preempt any State or local law regu- under this paragraph shall be treated as off- States on original issue or at the market lating admissibility of nonimmigrant work- setting receipts. price, is not in the public interest. ers.’’. ‘‘(3) ADMINISTRATIVE EXPENSES.—Amounts ‘‘(B) SALE OF OBLIGATION.—Any obligation (5) EFFECTIVE DATE.—The repeal and transferred to the Trust Fund pursuant to acquired by the Trust Fund (except special amendments made by this subsection shall paragraph (2)(A)(ii), shall, without further obligations issued exclusively to the Trust take effect 5 years after the date of enact- appropriation, be paid to the Attorney Gen- Fund) may be sold by the Secretary of the ment of this Act. eral, the Secretary of Labor, the Secretary Treasury at the market price, and such spe- SEC. 10. INCLUSION IN EMPLOYMENT-BASED IM- of State, and the Secretary of Agriculture in cial obligations may be redeemed at par plus MIGRATION PREFERENCE ALLOCA- amounts equivalent to the expenses incurred TION. accrued interest. by such officials in the administration of (a) AMENDMENT OF THE IMMIGRATION AND ‘‘(C) CREDITS TO TRUST FUND.—The interest section 101(a)(15)(H)(ii)(a) and this section. NATIONALITY ACT.—Section 203(b)(3)(A) of the on, and the proceeds from the sale or re- ‘‘(4) DISTRIBUTION OF FUNDS.—In the event Immigration and Nationality Act (8 U.S.C. demption of, any obligations held in the of an adverse finding by the Attorney Gen- 1153(b)(3)(A)) is amended— Trust Fund shall be credited to and form a eral under subsection (c), amounts trans- (1) by redesignating clause (iii) as clause part of the amounts transferred to the Trust ferred to the Trust Fund pursuant to para- (iv); and Fund pursuant to paragraph (2)(A)(i). graph (2)(A)(ii), and interest earned thereon (2) by inserting after clause (ii) the follow- ‘‘(D) REPORT TO CONGRESS.—It shall be the under paragraph (6), shall be held on behalf ing: duty of the Secretary of the Treasury to hold of an alien and shall be available, without ‘‘(iii) AGRICULTURAL WORKERS.—Qualified the Trust Fund, and (after consultation with further appropriation, to the Attorney Gen- immigrants who have completed at least 6 the Attorney General) to report to the Con- eral for payment to the alien if— months of work in the United States in each gress each year on the financial condition ‘‘(A) the alien applies to the Attorney Gen- of 4 consecutive calendar years under section and the results of the operations of the Trust eral (or the designee of the Attorney Gen- 101(a)(15)(H)(ii)(a), and have complied with Fund during the preceding fiscal year and on eral) for payment within 30 days of the expi- all terms and conditions applicable to that its expected condition and operations during ration of the alien’s last authorized stay in section.’’. the next fiscal year. Such report shall be the United States; (b) CONFORMING AMENDMENT.—Section ‘‘(B) in such application the alien estab- printed as both a House and a Senate docu- 203(b)(3)(B) of the Immigration and National- lishes that the alien has complied with the ment of the session of the Congress to which ity Act (8 U.S.C. 1153(b)(3)(A)) is amended by terms and conditions of this section; and the report is made. striking ‘‘subparagraph (A)(iii)’’ and insert- ‘‘(c) STUDY BY THE ATTORNEY GENERAL.— ‘‘(C) in connection with the application, ing ‘‘subparagraph (A)(iv)’’. The Attorney General shall conduct a study the alien tenders the identification and em- (c) EFFECTIVE DATE.—The amendments to determine whether aliens under this sec- ployment authorization card issued to the made by subsections (a) and (b) shall apply tion depart the United States in a timely alien pursuant to subsection (a)(1)(D) and es- to aliens described in section manner upon the expiration of their period tablishes that the alien is identified as the 101(a)(15)(H)(ii)(a) admitted to the United person to whom the card was issued based on of authorized stay. If the Attorney General finds that a significant number of aliens do States before, on, or after the effective date the biometric identification information not so depart and that a financial induce- of this Act. contained on the card. ment is necessary to assure such departure, SEC. 11. MIGRANT AND SEASONAL HEAD START ‘‘(5) MIGRANT AGRICULTURAL WORKER HOUS- then the Attorney General shall so report to PROGRAM. ING.—Such funds as remain in the Trust Congress and, upon receipt of the report, (a) IN GENERAL.—Section 637(12) of the Fund after the payments described in para- subsections (b)(2)(A)(ii) and (b)(4) shall take Head Start Act (42 U.S.C. 9832(12)) is amend- graph (4) shall be used by the Secretary of effect.’’. ed— Agriculture, in consultation with the Sec- (b) NO FAMILY MEMBERS PERMITTED.—Sec- (1) by inserting ‘‘and seasonal’’ after ‘‘mi- retary, for the purpose of increasing the tion 101(a)(15)(H) of the Immigration and Na- grant’’; and stock of in-season migrant worker housing tionality Act (8 U.S.C. 1101(a)(15)(H)) is (2) by inserting before the period the fol- in areas where such housing is determined to amended by striking ‘‘specified in this para- lowing: ‘‘, or families whose incomes or labor be insufficient to meet the needs of migrant graph’’ and inserting ‘‘specified in this sub- is primarily dedicated to performing sea- agricultural workers, including aliens admit- paragraph (other than in clause (ii)(a))’’. sonal agricultural labor for hire but whose ted under this section. (c) CONFORMING AMENDMENT.—The table of places of residency have not changed to an- ‘‘(6) REGULATIONS.—The Secretary of the contents of the Immigration and Nationality other geographic location in the preceding 2- Treasury, in consultation with the Attorney Act is amended by inserting after the item year period’’. General, shall prescribe regulations to carry relating to section 218 the following new (b) FUNDS SET-ASIDE.—Section 640(a) (42 out this subsection. item: U.S.C. 9835(a)) is amended— ‘‘(7) INVESTMENT OF PORTION OF TRUST ‘‘Sec. 218A. Alternative program for the ad- (1) in paragraph (2), strike ‘‘13’’ and insert FUND.— mission of H–2A workers.’’. ‘‘14’’; ‘‘(A) IN GENERAL.—It shall be the duty of (d) REPEAL AND ADDITIONAL CONFORMING (2) in paragraph (2)(A), by striking ‘‘1994’’ the Secretary of the Treasury to invest such AMENDMENTS.— and inserting ‘‘1998’’; and portion of the amounts transferred to the (1) REPEAL.—Section 218 of the Immigra- (3) by adding at the end the following new Trust Fund pursuant to paragraph (2)(A)(i), tion and Nationality Act is repealed. paragraph: and, if applicable paragraph (2)(A)(ii), as is (2) TECHNICAL AMENDMENTS.—(A) Section ‘‘(8) In determining the need for migrant not, in the Secretary’s judgment, required to 218A of the Immigration and Nationality Act and seasonal Head Start programs and serv- meet current withdrawals. Such investments is redesignated as section 218. ices, the Secretary shall consult with the July 21, 1998 CONGRESSIONAL RECORD — SENATE S8669 Secretary of Labor, other public and private Nursery; Northwest Horticultural Council; will work actively for its quick enact- entities, and providers. Notwithstanding Ohio Farm Bureau Federation, Inc.; Ohio ment. paragraph (2)(A), after conducting such con- Fruit Growers Society; Ohio Vegetable & Po- Mr. MCCONNELL. Mr. President, the sultation, the Secretary shall further adjust tato Growers Association; Olive Growers Kentucky Farm Bureau and the hun- the amount available for such programs and Council; Oregon Association of Nurserymen, dreds of farmers that I met with on my services, taking into consideration the need Inc.; Oregon Farm Bureau Federation; Or- and demand for such services.’’. egon Hop Growers Association; Oregon Rasp- recent farm belt tour convinced me that one of the most pressing issues SEC. 12. REGULATIONS. berry & blackberry Commission; Oregon (a) REGULATIONS OF THE ATTORNEY GEN- Strawberry Commission; Peach Commission; facing Kentucky farmers is the prob- ERAL.—The Attorney General shall consult Raisin Bargaining Association; San Joaquin lem of finding legal, migrant farm with the Secretary and the Secretary of Ag- Valley Dairymen; Snake River Farmers As- workers. riculture on all regulations to implement sociation; Society of American Florists; Sod Kentucky farmers depend heavily on the duties of the Attorney General under Growers Association of Mid-America; South migrant agricultural workers that this Act. Carolina Farm Bureau Federation; South- come to Kentucky under H–2A visas to east Cotton Ginners Association, Inc.; (b) REGULATIONS OF THE SECRETARY OF help harvest tobacco and other crops. STATE.—The Secretary of State shall consult Southeast Forestry Contractors’ Associa- tion; Southern Cotton Growers Association; Kentucky depends on the H–2A visa with the Attorney General on all regulations program more than every other state, to implement the duties of the Secretary of State Horticultural Association of Pennsyl- State under this Act. vania; Sugar Cane Growers Cooperative of except North Carolina and Virginia. Florida; Texas Cotton Ginners Association; The current H–2A process is slow, te- SEC. 13. FUNDING FROM WAGNER-PEYSER ACT. Texas Produce Association; Turfgrass Pro- dious and complex. It subjects farmers If additional funds are necessary to pay the ducers International; United Fresh Fruit & start-up costs of the registries established to unreasonable costs, excessive bu- Vegetable Association; United States Apple reaucracy, and mountains of paper- under section 3(a), such costs may be paid Association; United States Sugar Corpora- out of amounts available to Federal or State work. tion; Vegetable Growers Association of New To add to the injustice, farmers are governmental entities under the Wagner- Jersey; Ventura County Agricultural Asso- Peyser Act (29 U.S.C. 49 et seq.). ciation; Wasco County Fruit & Produce faced with frivolous lawsuits and IRS SEC. 14. EFFECTIVE DATE. League; Washington Growers Clearing House raids—often at the peak time of the This Act and the amendments made by Association; Washington Growers League; harvest. this Act shall take effect 180 days after the Washington State Farm Bureau; Washington The Agriculture Job Opportunity date of enactment of this Act. Women for Agriculture; Wenatchee Valley Benefits and Security Act would lift ENDORSING ORGANIZATIONS Traffic Association; Western Growers Asso- the unfair burdens placed on farmers ciation; Western Range Association; Western National Council of Agricultural Employ- by reforming the H–2A visa program United Dairymen; Wisconsin Christmas Tree ers; American Farm Bureau Federation; and reducing: the mountains of paper- Producers; Wisconsin Farm Bureau; and AgriBank; Agricultural Affiliates, Inc.; Agri- work, the excessive bureaucracy, and Yakima Valley Grower-Shipper Association. cultural Council of California; Agricultural the unfair threats of frivolous litiga- Producers; Allied Grape Growers; Almond Mr. GORTON. Mr. President, a recent tion. Hullers & Processors Association, Inc.; GAO report concluded that approxi- In order to get migrant workers, a American Mushroom Institute; American mately one-third of the U.S. agricul- Kentucky farmer has to find his way Nursery & Landscape Association; American tural labor force in the United States through the Kentucky Department of Sheep Industry Association; Apple Growers is illegal. Many estimate that the per- of Dutchess County; California Apple Com- Labor, the U.S. Department of Labor, centage is in fact much higher. For too and the Immigration and Naturaliza- mission; California Association of Winegrape long, Congress has failed to respond to Growers; California Beet Growers Associa- tion Service—paying fees and filling the lack of legal agricultural workers, tion; California Citrus Mutual; California out cumbersome, confusing paperwork Cherry Export Association; California Cot- and simply left on the books, and all along the way. ton Ginners & Growers Association; Califor- largely unused, a guestworker program Most farmers will tell you that it’s nia Cotton Growers Association; California that is too administratively complex easier to wade through the tax code Cut Flower Commission; California Farm and expensive to be workable. With re- and file a 1040 tax form every year than Bureau Federation; California Floral Coun- cent crackdowns by INS, our farmers cil; California Grape & Tree Fruit League; it is to slog through multiple govern- and growers face a labor shortage cri- ment agencies and mountains of paper- California Tomato Growers Association; Col- sis. Congress must act, and it must act orado Onion Association; Colorado Sugarbeet work just to hire a migrant farm work- now. er to help bale hay. Growers Association; Fagerberg Produce; I rise today, and join my colleagues Farm Credit Services of North Central Wis- In fact, the Department of Labor consin; Florida Citrus Mutual; Florida Citrus on both sides of the aisle in introduc- needs a 325-page handbook to help ing the Agricultural Job Opportunity Packers; Florida Citrus Processors Associa- farmers find their way to migrant farm Benefits and Security Act of 1998, a bill tion; Florida Farm Bureau Federation; Flor- workers. The Government Accounting to address this problem. This legisla- ida Fruit & Vegetable Association; Florida Office managed to get through this Nurserymen & Growers Association; Florida tion is long past due and urgently handbook and found it to be outdated, Strawberry Growers Association; Frederick needed. As the Senator from Florida incomplete and very confusing. County Fruit Growers Association, Inc.; described earlier today, the bill is a Fresno County Farm Bureau; Georgia Agri- You shouldn’t have to hire a lawyer win-win-win proposition. It is a win for just to hire a migrant farmer. business Council, Inc.; Grower-Shipper Vege- farmers and growers because it pro- table Association of Central California; I’d like to take a couple of minutes Grower-Shipper Vegetable Association of vides them a method of obtaining a to walk through some of the common San Luis Obispo & Santa Barbara Counties; legal, reliable workforce. It is a win for problems faced by farmers and the Gulf Citrus Growers Association, Inc.; Hood workers both domestic and foreign. For common sense solutions offered by the River Grower-Shipper Association; Idaho domestic workers, the bill, through a bill we are introducing today. Grower Shippers Association; Imperial Val- work registry, gives them first pref- Problem: Farmers are hesitant to use ley Vegetable Growers Association; Jackson erence on jobs, benefits above those County Fruit Growers League; Marsing Agri- the process because it is too slow and they are currently receiving, and con- complicated. culture Labor Association; Michigan Aspar- tinued employment by ensuring that agus Advisory Board; Michigan Farm Bu- Solution: A simplified, streamlined reau; Midwest Food Processors Association; American farms remain economically H–2A visa program would encourage Midwest Sod Council; National Christmas viable and that production is not lost more farmers to go through the system Tree Association; National Cotton Council of to other countries. For foreign work- to hire legal migrant farm workers. America; National Cotton Ginners’ Associa- ers, the bill provides the dignity, free- Problem: Farmers must pay multiple tion; National Watermelon Association; New dom from fear, and mobility that at- fees, go through multiple agencies, and England Apple Council; New Jersey Farm tends a legal status, as well as signifi- fill-out multiple documents. Bureau Federation; New York Apple Associa- cant worker protection and benefits. Solution: A Department of Labor tion, Inc.; New York Cherry Growers Asso- Finally, the bill is a win for consumers computer registry would be established ciation, Inc.; New York Farm Bureau; Nisei Farmers League; North Carolina Growers As- because it ensures them a ready, af- to replace the current cumbersome and sociation, Inc.; North Carolina Sweet Potato fordable supply of American agricul- bureaucratic process. Farmers would Commission, Inc.; Northern California Grow- tural products. I applaud this carefully submit a simple form asking for a cer- ers Association; Northern Christmas Trees & considered, balanced legislation and tain number of workers at a specified S8670 CONGRESSIONAL RECORD — SENATE July 21, 1998 time. If there is an insufficient number The pilot program is modeled after on this issue, and for bringing all sides of domestic workers available, then the the existing H–lB program for specialty together to discuss what works and DOL would contact the INS to initiate and high-tech occupations. It requires what doesn’t work under the current an expedited visa approval process for employers to recruit domestic workers, system. migrant farm workers. (All program and assures that domestic workers re- We, as a bipartisan group, want to costs would be paid for by employer ceive first preference for jobs. accomplish several goals, and I ask my user fees.) Finally, the new program provides colleagues in the Senate to support Problem: Farmers must apply for strict penalties for employers who fail what we feel will bring order to the workers 60 days in advance—even to meet labor standards, including current chaos, bring honor to the farm- though they may not know exactly fines, back wages, and debarment from ing community, and bring needed bene- how many workers they will need or future program participation. fits to hard working farmworkers. Our exactly when they will need them. I wanted to commend the bipartisan goals are simple: Solution: Farmers do not have to group of Senators, led by GORDON 1. Make the H–2A system simple. begin process two months in advance. SMITH, who have worked together to With our agricultural registry, anyone They may apply any time prior to ac- craft a comprehensive and meaningful can start the process by picking up the tually hiring foreign workers. The solution for our nation’s farmers. phone. total process from initial application I was proud to be a cosponsor of Sen- Turnaround time can be counted in to actual hiring should take no more ator SMITH’s original bill, S. 1563, and minutes and hours instead of weeks or than 21 days. am equally pleased to be a part of this months. Give our farmers the chance Problem: DOL slows the process by compromise bill. to choose between legal domestic failing to timely process applications. I look forward to working with the workers, and legal foreign workers, A GAO study found that DOL missed American Farm Bureau and the Ken- with the domestic workers getting the statutory deadlines in at least 40 per- tucky Farm Bureau to move this bill in first choice at all jobs. But the choice cent of the cases. the Senate as soon as possible. can be made to have a legal workforce. Solution: Farmers do not have to Mr. GRAHAM. Mr. President, I rise 2. Ensure that American workers get wait for DOL. If the DOL does not ei- today to join my colleagues in intro- the first choice of every job opening. ther meet the deadline or issue a spe- ducing legislation that will simplify Under the Registry system—not a sin- cific objection, then the INS is author- and streamline one of the most frus- gle foreign worker will come to the ized to go ahead and issue visas for mi- trating aspects in the life of a farmer: United States until every domestic grant workers. Finding qualified, legal farmworkers. worker on the Registry is employed in Problem: Farmers have to spend hun- There are two large issues that cause the area he or she has requested. dreds of dollars advertising in the this problem: (1) According to the De- American farmworkers will be able newspaper or on the radio to prove cember 1997 GAO report, there are at to easily link together a year’s worth what they already know—that is, there least 600,000 farm workers in the of work—moving from Florida to Ken- is a shortage of domestic workers who United States illegally—and most have tucky to New England, if that is what will labor in the fields. false, but realistic-looking, documents. they want. Solution: Farmers will not be re- The farmer can go to extreme lengths 3. Ensure that American workers re- quired to engage in costly radio and to verify his workforce, and still be ceive premium wages and benefits. newspaper advertising, but may recruit vulnerable to INS enforcement action. Under the Registry program, every domestic workers by simply using the Our bill, through an Agricultural legal domestic worker is guaranteed at existing DOL job bank for available do- Registry of workers, ensures that a least prevailing wage, plus a 5 percent mestic workers. DOL will match do- farmer is able to get a legal, reliable premium. mestic workers with jobs. workforce, and our bill ensures that The growers will pay a higher price Problem: Farmers are required to these American workers are paid a pre- than they may be paying currently, but pay wages that are often higher than mium wage and receive the benefits they have the added value of knowing both the minimum wage and the pre- that they deserve. with certainty that they are not vul- vailing wage because the legal wage is (2) Under the current system, if a nerable to INS enforcement action. calculated based on wages paid for all farmer cannot find available American Registry workers also will receive farming jobs, not the specific job in workers and does need to find tem- housing benefits, either on-site hous- which the migrant worker employed. porary foreign help through H–2A ing, or a housing allowance. Solution: Farmers would not have to visas, he or she must navigate a maze 4. Put a stop to the horrible practice pay exorbitant wages to migrant farm of complex regulations, so much so of smuggling human lives. Under the workers. They would be required to pay that it takes a 300-page guidebook to current state of affairs, every day, wages only up to the prevailing wage explain the process. human beings are dying—crammed into for the type of occupation in which the He or she also has little assurance the back of vans, dehydrating in the grower is actually employed. The wage that, even after successfully complet- California deserts, or murdered for the would not be based on the wages earned ing the forms and initiating the proc- thousand dollars they are willing to by all persons in all farming jobs. ess, that the Department of Labor will pay for a secretive trip across the bor- Problem: Farmers are faced with the approve or deny the petitions in a der and a set of false documents. threat of frivolous litigation for failing timely manner. They are drawn here by the jobs, to meet vague and open-ended statu- It may seem notable that we are all many of them farmwork jobs. They put tory and regulatory requirements. here together, in a bipartisan manner, their lives on the line to work in an un- Solution: The threat of litigation from every geographic region of our derground economy. They keep food on would be reduced by removing unfair great Nation. our table, and our economy growing. burdens on farmers and by clearly In the past, discussion of the H–2A Let us take this underground system spelling out statutory requirements. program has broken down into a par- above ground. Offer a simple, reliable Finally, let me respond to the critics tisan, polarized, gridlocked debate, and way to bring temporary, legal foreign of this compromise bill. no one wins. Wages are still low for workers here, paid at wages that will Critics wrongly claim the new alter- workers, and growers still need legal not disadvantage any American work- native program has no labor protec- reliable help. ers and protected by all labor laws and tions. I commend my colleagues, Senator standards. The alternative program provides WYDEN, Senator BUMPERS, Senators 5. Don’t hurt any other immigration foreign and domestic workers with all SMITH, CRAIG, and GORTON for helping category. All of this can be accom- the labor protections of federal and bring common sense reality to the plished without taking away from any state labor laws. In addition, it im- table, and together, crafting a bill that current immigration numbers. poses special obligations on participat- helps all sides. H-2A workers workers, by definition, ing employers such as payment of at I thank Senator ABRAHAM for holding are in our country for temporary, sea- least the prevailing wage. a fair, educational and timely hearing sonal work—and they return home July 21, 1998 CONGRESSIONAL RECORD — SENATE S8671 when the job is done. They will not foreign producers of wools suits at the very high quality wool fabric, to pay a swell the population of the United expense of U.S. suit makers. I therefore tariff of 31.7 percent. States, or become a burden on our so- urge my colleagues to join me in sup- These same finished suits imported cial safety net. porting its adoption, and ask for unani- from Canada come into the United They will work side by side with the mous consent that the full text of the States tariff free. If the suits are im- domestic workforce in one of the most bill be printed in the RECORD. ported from Mexico, there is an 11 per- important, but difficult, jobs in our so- There being no objection, the bill was cent tariff and from other countries, ciety: putting fresh fruit, fresh vegeta- ordered to be printed in the RECORD, as the tariff rate is 20.2 percent. This in- bles, perishable delicacies on our plates follows: verted tariff schedule actually provides each and every meal. S. 2338 an incentive to import suits rather Please join me in this bipartisan ef- Be it enacted by the Senate and House of Rep- than produce them here in the United fort to simplify this complex system. resentatives of the United States of America in States with domestic labor and domes- Congress assembled, tic wool. By Mr. MOYNIHAN (for himself, SECTION 1. DUTY TREATMENT OF CERTAIN FAB- This straightforward, clear legisla- Mr. D’AMATO, and Mr. SPEC- RICS. tion would suspend through December TER): (a) IN GENERAL.—Subchapter II of chapter 31, 2004 the duty on the finest wool fab- S. 2338. A bill to amend the Har- 99 of the Harmonized Tariff Schedule of the rics (known specifically as Super 90s monized Tariff Schedule of the United United States is amended— weight or higher grade wool). These States to provide for equitable duty (1) by adding at the end of the U.S. notes higher quality fabrics are produced in treatment for certain wool used in the following new note: very limited quantities in the United ‘‘13. For purposes of headings 9902.51.11 and making suits; to the Committee on Fi- States, so this tariff reduction would nance. 9902.51.12, the term ‘suit’ has the same mean- ing such term has for purposes of headings have no negative impact on domestic LEGISLATION TO PROVIDE EQUITABLE 6203 and 6204.’’; and producers. TREATMENT FOR CERTAIN WOOL FABRIC (2) by inserting in numerical sequence the Clearly, if there were enough of this ∑ Mr. MOYNIHAN. Mr. President, following new headings: wool fabric produced domestically, today I introduce a bill to correct a ‘‘9902.51.11 Fabrics, of there would be no need for this legisla- glaring competitive imbalance that has carded or combed wool or tion since suitmakers would not need arisen because of an anomaly in our fine animal to import wool and pay the tariff schedule. Hickey-Freeman has hair, all the foregoing cer- extortionately high rate of 31.7 per- produced fine tailored suits in Roch- tified by the cent. Indeed, if the U.S. suit manufac- ester, New York since 1899. Nearly a importer as ‘Super 70’s’ or turing industry is allowed to compete century. However, the U.S. tariff ‘Super 80’s’ in- fairly with imported suits, and not schedule currently makes it difficult tended for use in making forced to reduce costs just to pay for for Hickey-Freeman to continue pro- suits, suit-type inverted tariff rates, domestic wool use ducing such suits in the United States. jackets or trou- sers (provided will actually increase with the addi- The facts are straight-forward. Com- for in subhead- tional suits that will be manufactured panies like Hickey-Freeman that must ings 5111.11.70, in the United States. import the very high quality wool fab- 5111.19.60, Additionally, the provision would re- ric used to make men’s and boys’ suits 5112.11.20, or 5112.19.90) ..... 20.2% No No On or be- duce the duty for slightly lower grade, pay a tariff of 31.7 percent. They com- change change fore 12/ fine wool fabric (Super 70s and 80s) to pete with companies that import fin- 31/2004 9902.51.12 Fabrics, of 20.2 percent—the same duty as on fin- ished wool suits from a number of carded or ished wool suits. countries. If these imported suits are combed wool or fine animal Mr. President, under current law, if from Canada, the importers pay no tar- hair, all the two fabric buyers, one American and iff whatever. If the suits are imported foregoing cer- tified by the the other Canadian, purchase fabric from Mexico, the tariff is 11 percent. importer as from a foreign country, say Italy, they From other countries, the importers ‘Super 90’s’ or higher grade each pay the exact same price. Yet pay a duty of 20.2 percent. Clearly, do- intended for when they bring the fabric back to mestic manufacturers of wool suits are use in making suits, suit-type their country to be made into suits put at a significant price disadvantage. jackets or trou- that is where the problem occurs. Indeed, the tariff structure provides an sers (provided The American is forced to pay a tar- for in subhead- incentive to import finished suits from ings iff of 31.7 percent on the imported fab- abroad, rather than manufacture them 5111.11.70, ric, which then must be absorbed into 5111.19.60, in the United States. 5112.11.20, or the cost of the suit, or eaten by the The bill I am introducing today, 5112.19.90) ..... Free Free No On or be- manufacturer. The Canadian buyer (CA, change fore 12/ along with Senators D’AMATO and IL, MX) 31/ pays no tariff. Additionally, the Cana- SPECTER, would correct this problem, 2004’’. dian suit maker can then export to the at least temporarily. It suspends (b) STAGED RATE REDUCTION.—Any staged U.S., and because of the NAFTA agree- through December 31, 2004 the duty on reduction of a rate of duty set forth in head- ment, they pay no tariff. As a result, the finest wool fabrics (known in the ing 6203.31.00 of the Harmonized Tariff Sched- Canadian shipments of men’s suits into trade as Super 90s or higher grade—fab- ule of the United States that is proclaimed the United States has gone from 0 to rics that are produced in only very lim- by the President shall also apply to the cor- 1.5 million in only ten years. ited quantities in the United States. responding rate of duty set forth in heading Mr. President, I am extremely con- 9902.51.11 of such Schedule (as added by sub- And it would reduce the duty for section (a)). cerned with the current wool tariff be- slightly lower grade but still very fine (c) EFFECTIVE DATE.—The amendments cause this inverted tariff policy has wool fabric (Super 70’s and Super 80’s) made by subsection (a) apply with respect to negatively impacted U.S. jobs. U.S. to 20.2 percent—the same duty as on goods entered, or withdrawn from warehouse production has fallen by 40 percent and finished wool suits. The bill also pro- for consumption, on or after the 15th day jobs by 50 percent. And, Mr. President, vides that, in the event the President after the date of enactment of this Act.∑ this additional tariff raises the costs proclaim a duty reduction on wool ∑ Mr. D’AMATO. Mr. President, today I for consumers as well. suits, corresponding changes would be support this important legislation to I am proud to join with Senators made to the tariffs applicable to ‘Super eliminate tariff duties on certain wool MOYNIHAN and SPECTER in this impor- 70’s’ and ‘Super 80’s’ grade wool fabric. fabrics. Currently, there exists a dis- tant legislation, and look forward to This bill would correct a troublesome parity in the tariff schedule which its early passage and enactment into tariff inversion that puts U.S. wool forces companies like Hickey-Freeman, law.∑ suit producers at a serious competitive in Rochester, New York and Learbury ∑ Mr. SPECTER. Mr. President, today disadvantage. It is a small step toward in Syracuse, New York, who import I join my colleagues, Senators DANIEL modifying a tariff schedule that favors PATRICK MOYNIHAN and ALFONSO S8672 CONGRESSIONAL RECORD — SENATE July 21, 1998

D’AMATO, to introduce a bill that will Portability, so important as we become is because this is where the greatest keep high paying jobs in the domestic a more mobile society, received the difficulties in achieving retirement se- tailored wool apparel industry in specific attention of Senator JEFFORDS. curity are lodged. America. This bill will suspend the All businesses will have the hard work Fifty-one million American workers duty on certain high quality wool fab- of Senator HATCH to thank for many of have no retirement plan at work—51 rics used in American garment manu- the regulatory relief and administra- million Americans without any retire- facturing. tive simplification elements of this ment plan at the place of their employ- The duty rates on imported wool fab- bill. And Senator BREAUX, who focused ment; 21 million of these employees rics continued to be among the highest on the big picture of retirement secu- work in small businesses. The problem: rates imposed on products in the U.S. rity leading the CSIS task force, has Statistics indicate that only a small tariff schedules. Because the duty on incorporated some of his ideas and the percentage of workers in firms of less these fabrics exceeds the duty on im- ideas of that task force into the legis- than 100 employees have access to a re- ported garments by about 20 percent, lation that we introduced this evening. tirement plan. the duty schedule penalizes those Throughout this process of putting This chart indicates that there is a American companies which keep their the bill together, our principal task direct correlation between the number production here in the U.S. has been one to listen and attempt to of employees in a business and the like- A special ‘‘finished product’’ conces- understand what we were hearing. We lihood that there will be a pension re- sion made in the Canada Free Trade listened at the recent SAVER Summit, tirement plan. Firms with less than 25 Agreement (and later NAFTA) has which was held here in Washington, employees have a retirement plan of greatly exacerbated the problem. The DC, held at the direction of this Con- 20.2 percent. Firms of 100 or more have concession allows Canadian companies gress. We listened at town hall meet- a proportion of retirement plans of al- to use imported, duty-free wool fabric ings throughout our States. We have most 85 percent. to manufacture men’s suits, which are listened at the Retirement Security We are particularly focusing our at- in turn shipped duty-free into the U.S. Summit, which I held in January of tention on these smallest firms which As a result, over the past decade Cana- this year in Tampa, FL, and the Wom- are the least likely to have retirement dian shipments of suits into the U.S. en’s Summit, which I held in Orlando plans, but which are the fastest grow- have surged from nearly zero to ap- in April. ing segment of our economy. In the proximately one and a half million The ideas have come from pension State of Florida, these firms of less units shipped annually. actuaries, tax attorneys, Cabinet lead- than 25 have represented well over 70 During the same time frame, produc- ers, and some of the best ideas from ev- percent of the job growth in our State tion by the U.S. tailored clothing in- eryday Americans. I want to thank in the last 5 years. We take a step forward in eliminat- dustry has dropped 40 percent and the those who have endorsed our proposal. number of employees has been cut in Mr. President, with reason, much of ing one of the principal hurdles that small businesses face when establishing almost half, from 58,000 to 30,000 em- the public debate has now focused on a pension plan. ployees. In my home state of Pennsyl- President Clinton’s call to ‘‘Save So- What is that problem? It is the Fed- cial Security first.’’ I wish to say, as vania, the high-end tailored men’s eral Government having two hands: On the Senator from New Hampshire has clothing industry provides high paying the one hand, the Federal Government just commented, I, too, benefited by jobs in the cities of Reading, Ashland, is encouraging these businesses to Easton, Shippensberg and Philadelphia, the remarks that were made this start pension plans, but when they but since 1991, Pennsylvania has lost evening by the Senator from Minnesota hand out the second hand, they find over 3000 jobs due to plant closings. on what is happening on a global basis, that the Federal Government wants a This duty has a real, direct and sub- in terms of meeting the type of prob- palm turned up because the Federal stantial effect on American jobs. Sus- lems which we face in providing retire- Government is asking for up to $1,000 pension of the duty on these fabrics ment security for Americans. We all for a small business to register its plan will level the playing field with foreign agree, on both sides of the aisle, that with the Internal Revenue Service. manufacturers and allow the U.S. in- we need to assure that Social Security We eliminate this fee for small busi- dustry to compete, saving American is as viable for my nine grandchildren nesses. We need to encourage small jobs. I therefore urge my colleagues to and all of their peers, as it was for my businesses to start plans, not discour- join me in supporting its adoption.∑ parents and will be for me. However, age them with high registration fees. Mr. GRAHAM. Mr. President, earlier Social Security is only one part of the Mr. President, the second target of today a group of my colleagues rep- picture. Pensions and personal savings our legislation is women and families. resenting both sides of the aisle joined will make up an ever-increasing part of Historically speaking, women live together to announce that we would be retirement security. So, when Congress longer than men. Therefore, they need introducing legislation to increase the takes action to assure the future of So- greater savings for retirement because security in the retirement of Ameri- cial Security, we are only addressing they will have to stretch those savings cans. I want to especially recognize my one-third of the problem. Our bill ad- over more years of life. Yet, our pen- colleague, Senator GRASSLEY, who has dresses the other two-thirds of the sion and retirement laws do not reflect put a tremendous amount of effort into problem. this fundamental reality. Women are this legislation and, through his posi- Social Security will play less of a more mobile than men, moving in and tion as Chair of the Aging Committee, role for each succeeding generation of out of the workforce due to family re- has demonstrated his commitment to Americans. We must develop personal sponsibilities. Thus, they are less like- the well-being of older Americans. Sen- savings. We must assure that years of ly to vest in a retirement system. Most ator GRASSLEY and I recognize that for work pay off in reliable pensions. Our retirement systems require a minimum our Nation to solve what would be one bill will help hard-working Americans period of time before the employee be- of this generation’s greatest chal- build personal retirement savings comes eligible and has a legal entitle- lenges, building a retirement security through their employers, through ment to the retirement funds. Women for today’s workers, we need to move 401(k)s, through payroll deduction are the least likely to meet those mini- in a commonsense, bipartisan fashion. IRAs, through higher limits on savings. mum years of employment. Many of the original cosponsors of The employers and workers both will As this chart indicates, of women re- this bill were key in crafting the sec- win. Employers get simpler pension tirees today, 68 percent of women who tions of this legislation. Senator systems with less administrative bur- retire have no retirement benefits; GRASSLEY’s efforts have expanded fair- den and more loyal employees, and fewer than 32 percent have a pension ness for women and families and fo- workers build a secure retirement and for their retirement. cused on the benefits of retirement watch savings accumulate over their Currently, two-thirds of working education. Senator BAUCUS has brought years of work. women are employed in sectors of the the ideas that expanded pension cov- How, specifically, will our bill help? economy that are unlikely to offer a erage and eased administration bur- The first focus of our bill is small busi- retirement plan—service and retail and dens on America’s small businesses. ness. The reason for this primary focus small businesses. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8673 What is the solution? In an effort to mentioned earlier, 51 million Ameri- understanding of what is involved in address one of the problems of prepar- cans have no pensions. The main obsta- retirement—the financial aspects of re- ing for a longer life expectancy, we re- cle that companies face in establishing tirement, the issues of personal health, alistically adjust upward the age at a retirement program is often bureau- issues of utilization of leisure time, which you must start withdrawing cratic administrative burden. and all of the other challenges that funds from your own 401(k) or other For example, for a small plan, the come in retirement—Americans re- similar pension instrument. plan that would deal with companies spond as we would expect, with intel- Under the current law, you must, you that have 25 or fewer employees—in ligence and appropriate steps to pro- are obligated to start withdrawing this case, the specific example is for a tect their and their families’ interests. money from your retirement plan once plan with 15 employees—it costs $228 Our solution is to let the Federal you reach the age of 701⁄2, 70 years and per employee per year just to comply Government serve as a role model. Pro- 6 months. At the age of 70 years and 6 with all the forms, tests and regula- grams already in place to educate our months, you are obligated to com- tions required to maintain a pension own Federal employees about the need mence the process of withdrawing plan. to prepare for retirement should be funds from your retirement plan. How- We have a commonsense remedy to broadly shared with other firms, both ever, a woman at the age of 70 can still one of the most vexing problems in private and public. We ask that the have three decades to look forward to pension administration: figuring out paradigm for these discussions be made in retirement. I know this because I how much money to contribute to the available to the general public so that represent many of these wonderful peo- company’s plan. It is a complex for- they can be used by American workers ple in my State of Florida. mula of facts, statistics and assump- who are employed by organizations be- At the retirement summit I hosted in tions under the current law. We want yond the Federal Government. Tampa, several retirees mentioned that to be able to say to plans that you have We also ask that the Small Business they wanted to keep their money in re- no problem with underfunding. To help Administration, which is so helpful to tirement savings for as long as pos- make these calculations, you can use America’s entrepreneurs in getting sible. We propose to raise the 70 years the prior year’s data to make the prop- ventures off the ground and expanding and 6 months age to 75 for mandatory er contribution, and if you do so, you when times are right, be involved in distribution. We do this for both gen- will not be subject to any after-the-fact outreach in the retirement arena. ders, because I am happy to say that sanctions. You don’t have to re-sort Through web sites, brochures, what- men are also living longer. It just hap- through the numbers each and every ever means they feel best, the Small pens that women will be the most af- year. If your plan is sound, use reliable Business Administration can help fected group of Americans by this pro- data from the previous year and then spread the word on what has already posal. verify when all the final details are been accomplished—simple accounts, We go beyond raising the age from 70 available. Companies will be able to payroll deduction IRAs, and more—and years and 6 months to 75 years by also calculate and then budget, not wait keep businesses up to date with each providing that $300,000 of any defined until figures and rates out of their con- opportunity to save for a secure retire- benefit contribution plan will be ex- trol are released by external sources. ment. Mr. President, I thank my colleagues empt from minimum distribution Another issue is pension security. who have worked so hard on this meas- rules. Under current law, companies cannot ure. I ask for the support of those in This accomplishes several important fully fund their pension determination this Chamber on this important legis- objectives: Simplifying the bureauc- liability; that is, provide for a suffi- lation. racy for thousands of Americans who cient amount of funding in their pen- Mr. GRASSLEY. Mr. President, I rise have less than $300,000 in their retire- sion retirement trust fund to be able to to join my colleagues, Senator ment fund, and protecting a vital nest fund that particular pension to its full GRAHAM, Senator HATCH, Senator egg for the last years of retirement so actuarial amount. BREAUX, Senator BAUCUS, and Senator that items such as long-term care and The inability to do so puts workers JEFFORDS to introduce bipartisan pen- at risk that the appropriate funds will other expenses that are part of the sion reform legislation. This legisla- aging process can be covered. not be available when their workforce tion, the Pension Coverage and Port- Next, Mr. President, we deal with the retires. Solution? It makes little sense ability Act of 1998, will go a long way issue of increasing portability. Over an for the Federal Government to discour- toward improving the pension system average 40-year career, the current age companies from fully funding their in this country. U.S. worker will have seven different pension plans. We propose to repeal Promoting retirement income secu- employers. This represents a dramatic this limit, the limit that keeps compa- rity seems to be on everyone’s mind shift from the current worker’s em- nies from fully funding their plan. In these days if the number of pension ployment pattern from that of their last year’s tax bill we phased this limit bills now pending in Congress is any in- grandparents where it was common for up. Now we have a chance to take the dication. But I think that our leaders a person to commence their career and final step and allow companies the need to understand that pension legis- end their career with the same em- flexibility to put more money in their lation should be a priority for prompt ployer. pension plans when their economic cir- action by Congress and the President. We have the possibility of a genera- cumstances allow. Let me try to explain: For better or tion of American workers who retire The next provision in our legislation, worse, the most important component with many small retirement accounts, Mr. President, encourages retirement of retirement income is the Social Se- creating a complex maze of statements education. The unfortunate reality is curity program. But our nation is and features different for each account. that many Americans do not prepare about to experience a demographic The solution that we propose in- for retirement because they just do not shift of very large proportions that will cludes addressing one element of this know that they need to. It has been have a very negative impact on Social by allowing employees, such as teach- said in jest, but unfortunately it hap- Security. My state is already feeling ers, who happen to move from one pens in too many cases—it is true— the impact of this shift. State to another, to buy into their cur- that Americans spend more time plan- The state of Iowa has the most peo- rent locality’s defined benefit pension ning a 2-week summer vacation than ple over the age of 85 as a percent of system through the purchase of service they do 20 or 30 or more years of retire- the population. Iowa has the third credits so that when they retire, they ment. highest percentage of people over the will have one retirement account. It is Studies show that with education, age of 65. There is a popular statistic easier to monitor, less complicated to participation rates in retirement sav- relating to the incomes of elderly maintain records about and builds a ings vehicles jump dramatically. households we hear a lot—that Social more secure retirement for the worker. Eighty-one percent of Americans say Security is the most important source The next issue that our legislation retirement education has encouraged of income for more than 80 percent of confronts is that of reducing red tape them to earmark more money for the elderly Americans. Knowing the demo- and administrative complexities. As I future. So as Americans have a better graphics of my state, you can imagine S8674 CONGRESSIONAL RECORD — SENATE July 21, 1998 how often I hear about Social Security fees for new plan sponsors seeking de- benefit statements to their partici- and the feeling that Social Security termination letters from the IRS. pants on a periodic basis. For defined isn’t enough. These fees can run from $100 to more contribution plans, the statement It’s hard to tell an 82 year old widow than $1,000, depending on the type of would be required annually. For de- that Social Security was never sup- plan. Given the need to promote retire- fined benefit plans, a statement would posed to be enough. Future retirees ment plan formation, we believe this be required every three years. There is seem to understand this, as we have ‘‘rob Peter to pay Paul’’ approach a very strong lack of understanding seen a number of surveys indicating needs to be eliminated. among participants about how their that Gen Xers do not believe Social Se- We have also looked at the lack of pensions work. There is also a high per- curity will be the most important success of SIMPLE 401(k) plans. A sur- centage of people who have done noth- source of income once they retire. vey by the Investment Company Insti- ing to plan for their retirement. But their income will have to come tute found that SIMPLE IRAs have Providing clear and understandable from somewhere. Many workers will be proven successful, with almost 100,000 benefit statements to pension plan par- able to rely on increased income from participants. However, SIMPLE 401(k)s ticipants would encourage people to pensions. Unfortunately, right now, just haven’t taken off. A couple of the think about how much money they can one half of our workforce is not partici- reasons may be that the limits on SIM- expect to receive in retirement. Fur- pating in a pension plan. PLE 401(k)s are tighter than for the ther, a benefit statement will help peo- Mr. President, you know the statis- IRAs. ple ensure that the information their tics just as well as I do. Coverage levels Our bill equalizes the compensation employer maintains about them is ac- have been consistent over the last dec- limits for these plans; in addition, we curate. Almost 80 percent of employers ade but among small employers, cov- have also increased the annual limit on who sponsor defined benefit plans are erage is low. both SIMPLEs to $8,000. providing some type of benefit state- In June, the Employee Benefit Re- One of the more revolutionary pro- ment automatically. All participants search Institute released the Small posals is the creation of a Salary Re- need these statements. Employer Retirement Survey. This duction SIMPLE with a limit of $4,000. This provision joins other proposals survey is very instructive for legisla- Unlike other SIMPLEs, the employer in a new section targeted at encourag- tors. makes no match or automatic con- ing retirement education. Education Small employers identified three tributions. The employer match is usu- can make a difference to workers. In main reasons for not offering a plan. ally a strong incentive for a low-in- fact, in companies which provide in- The first reason is that small employ- vestment education, we know workers ers believe their employees prefer in- come employee to participate in a sav- creased wages or other types of bene- ings plan. We hope that small employ- benefitted because many of them fits. The second reason employers don’t ers will look at this SIMPLE as a tran- changed their investment allocations offer plans is the administrative costs. sition plan, in place for just a couple of to more accurately reflect their invest- And the third most important reason years during the initial stages of busi- ment horizons. A new provision that I encourage my for not offering a plan: uncertain reve- ness operation—then adopt a more ex- colleagues to carefully consider targets nue, which makes it difficult to com- pansive plan when the business is prof- the problem of participation by propos- mit to a plan. itable. Combine these barriers with the re- The other targeted areas in the legis- ing an incentive for negative enroll- sponsibilities of a small employer, and lation include: Enhancing pension cov- ment or ‘‘opt-out’’ plans. My staff and we can understand why coverage erage for women. I were familiar with the example set by among small employers has not in- Women are more at risk of living in McDonald’s Corp. which utilizes opt- creased. Small employers who may just poverty as they age. They need more out plans for their employees. But be starting out in business are already ways to save because of periodic depar- McDonald’s was concerned that they squeezing every penny. These employ- tures from the workforce. To increase might get in trouble with government ers are also people who open up the their saving capacity, we have also in- regulators for operating their plan as business in the morning, talk to cus- cluded a proposal similar to legislation an opt-out. President Clinton an- tomers, do the marketing, pay the I sponsored earlier this year, S. 1856, nounced that McDonald’s plan was bills, and just do not know how they the Enhanced Savings Opportunities legal—and encouraged other employers can take on the additional duties, re- Act. Like S. 1856, the proposal repeals to try opt-out plans. This bill includes sponsibilities, and liabilities of spon- the 25% of salary contribution limit on an incentive for employers to create soring a pension plan. defined contribution plans. This limit opt-out plans that we hope will in- I firmly believe that an increase in has seriously impeded savings by crease participation among low-salary the number of people covered by pen- women, as well as low- and mid-salary workers. sion plans will occur only when small employees. This legislation joins a number of employers have more substantial in- I prefer this approach to a catch-up other strong proposals now pending in centives to establish pension plans. provision. Catch-ups would most likely the House and here in the Senate. This The Pension Coverage and Port- be voluntary on the part of the em- legislation includes provisions which ability Act contains provisions which ployer, do not encourage savings over reflect some of those same proposals. I will provide more flexibility for small working life, and do not necessarily want to commend the sponsors of those employers, relief from burdensome help low and mid-salary people. Re- bills. Our legislation has a lot in com- rules and regulations, and a tax incen- pealing 415(c) is a simplifier, and will mon with these other pension bills and tive to start new plans for their em- allow anyone covered by a defined con- we need to push for fast and favorable ployees. One of the new top heavy pro- tribution plan to benefit. consideration of, at a minimum, the visions we have endorsed is an exemp- The bill also contains proposals similar provisions in our legislation. tion from top heavy rules for employ- which promote new opportunities to We have a window of opportunity to ers who adopt the 401(k) safe harbor. rollover accounts from an old employer act. The Baby Boomers are coming. This safe harbor will take effect in to a new employer. The lack of port- The letters from AARP are starting to 1999. When the Treasury Department ability among plans is one of the weak arrive in their mailboxes. The Social wrote the regulations and considered links in our current pension system. Security Administration is starting to whether safe harbor plans should also This new bill contains technical im- stagger the delivery of benefit checks have to satisfy the top heavy rules, provements which will help ease the in preparation for their retirement. they answered in the affirmative. As a implementation of portability among Many elderly households rely too heav- result, a small employer would have to the different types of defined contribu- ily on Social Security. Future retirees make a contribution of 7 percent of pay tion plans. will not be able to rely on all of the for each employee, a very costly propo- Finally, I would like to point out a benefits now provided by Social Secu- sition. couple of other provisions in the bill. rity. We can look to the pension sys- My colleagues and I also have in- The first is the new requirement that tem to pick up where Social Security cluded a provision which repeals user plan sponsors automatically provide leaves off, but we need to act. July 21, 1998 CONGRESSIONAL RECORD — SENATE S8675 I thank the other co-sponsors of this And encourage retirement education This debate is essential if we are to legislation for all of their work, and I so that husbands and wives, parents achieve our goal of making America in encourage our colleagues to give strong and children, talk to each other—make the next century, not only strong as a consideration to co-sponsoring this plans for their future. And know what nation, but strong as a community of bill. With concerted, bipartisan action, to expect tomorrow and down the road. individuals confident in the security of we can improve the pension system. One aspect of the bill I am particu- their financial futures. Pensions for today’s workers will sub- larly proud of are the small business This is a good, bi-partisan bill. It stantially improve the retirement out- provisions. Thirty-eight million of the takes the positive steps we as a nation look for millions of Americans. But we people in this country who do not have need to put our future in safe hands. have some work to do if pensions are a pension plan work at small busi- I am eager for the coming debate on going to fulfill their promise. nesses. Eighty percent of all small this bill. Mr. BAUCUS. Mr. President, most business employees have no pension I hope it sparks a debate in the coffee people my age have known the heart- coverage. shops and kitchen tables all across the ache of having to watch their parents In my state of Montana, more than 95 country. Working together, and with grow old. It is a sad day in a person’s percent of our businesses are small this bill, we can turn a nation of spend- life when they see their father get his businesses. And almost 9 out of 10 offer ers, into a nation of savers. first gray hair. Or the day you notice no pension plans. We cannot let these Mr. GRAHAM. Mr. President, I ask lines in your mother’s face where pre- hard-working Americans down. unanimous consent to have printed in Currently, most small businesses viously, there were none. the RECORD letters from the Profit This aging process is made worse by can’t afford pension plans. They would Sharing 401(k) Council of America, the the scary and very real possibility that like to, but they just can’t make ends American Society of Pension Actuar- too many people who will become sen- meet. ies, the Association of Private Pension Our bill makes it a smart business ior citizens in the next several years and Welfare Plans, and the National decision for small business owners to are not at all prepared for the transi- Association of State Retirement Ad- offer retirement plans. tion from work to retirement. I have made it my priority to work ministrators, all of whom endorse this To be honest, it isn’t our parents who with members of the small business legislation. we need to worry about so much. They community, both back in Montana and There being no objection, the letters survived the Depression. They know nationally, to identify legislative solu- were ordered to be printed in the what it takes to get by during the lean tions that will most readily enable RECORD, as follows: years—it takes planning and saving. small businesses to offer pension plans PROFIT SHARING 401(K) Putting money aside, when it might be to their employees. While this bill does COUNCIL OF AMERICA, easier to spend it in the moment. not include every recommendation we Chicago, IL, July 21, 1998. Those are the values that our parents received, it does represent a collection THE PENSION COVERAGE AND PORTABILITY ACT live by. They are the values we would of high-priority proposals which we be- OF 1998 do well to heed. And even better to lieve could be supported by a bi-par- The Profit Sharing/401(k) Council of Amer- teach those who will follow us. tisan majority of Congress. ica commends Senators GRAHAM, GRASSLEY, BAUCUS, BREAUX, JEFFORDS, D’AMATO, We as a nation have lost our impera- The major provisions in this bill HATCH, and KERREY for this comprehensive tive to save. Personal savings rates which would help small businesses have dropped to 3.8 percent of our reform and updating of the regulation of pri- start and maintain pension plans in- vate pensions. We believe that this legisla- Gross Domestic Product, the lowest in clude the following: tion identifies and removes many barriers to 58 years. To help make pension plans more af- increasing retirement security for working Fifty-one million Americans in our fordable we have included two new tax Americans. Areas of particular interest to nation’s workforce have no pension credits: one to help defray start-up our members include the modification of coverage. But statistics like those costs and the other to defray the cost top-heavy rules, the elimination of the per- don’t tell the whole story. They don’t of employer contributions to pension centage of salary limit, and the removal of do justice to the hardscrabble struggles elective deferrals from the employer deduc- plans; tion calculation. that real people go through every day. In addition, we provide for the elimi- Struggles that involve agonizing ques- The Profit Sharing/401(k) Council of Amer- nation of some fees. ica (PSCA) is a non-profit association that tions like: ‘‘Should I eat today or take To address the problems the small for the past fifty years has represented com- my medication?’’ or ‘‘Will I be able to business community has identified as a panies that sponsor profit sharing and 401(k) heat my house this winter?’’ major impediment to establishing pen- plans for their employees. PSCA has approxi- Make no mistake, our nation’s lack sion plans, we make significant mately 1200 company-members who employ of saving for retirement is a tragedy in changes in the top-heavy rules that approximately 3 million plan participants the making. limit employer contributions to plans. throughout the United States. PSCA’s mem- That is why I am so proud to join my To address concerns of our smallest bers range in size from a six employee parts colleagues in introducing this legisla- distributor to firms with hundreds of thou- businesses, who want to provide pen- sands of employees. tion. sions but can only afford ‘start-up’ We look forward to working together to A bill that will make it easier for plans at first, we provide increases in achieve implementation of this important Americans to put money aside, and a income limits that apply to SIMPLE bill. bill that will help move pension issues pension plans, along with a new, sal- to the forefront of Americans’ minds. A ary-reduction SIMPLE plan; AMERICAN SOCIETY OF bill that will: And for those employers that want to PENSION ACTUARIES, Expand coverage for small businesses provide the security of a defined bene- Arlington, VA, July 21, 1998. because they have a harder time afford- fit plan for their employees but cannot Hon. BOB GRAHAM, Hart Senate Office Building, Washington, DC. ing health care and retirement plans; because of the increased regulatory DEAR SENATOR GRAHAM: On behalf of the Enhance pension fairness for women burden, we create a simplified defined American Society of Pension Actuaries, I am because they fall into categories that benefit plan for small business. writing to express our strong support for the have a harder time saving; These provisions are designed to ad- Pension Coverage and Portability Act of Increase the portability of pension dress the problems of cost and com- 1998. This comprehensive legislation recog- plans so that when you change jobs you plexity that are a barrier to so many nizes the important role played by the pri- don’t have to worry about where your small businesses. They will help small vate pension system in providing retirement savings will go; employers establish a pattern of saving savings for Americans. Strengthen pension security and en- for themselves and their employees. By simplifying the complicated tax laws forcement so you can rest easy at Mr. President, I hope the Pension governing retirement plans, your legislation is a significant step in the right direction night, knowing your money is safe; Coverage and Portability Act will that will encourage retirement plan forma- Reduce red tape so it’s easier for em- spearhead a national debate on how to tion and expansion. Current law, and the ployers to give their workers retire- improve employer-provide pensions in thousands of pages of accompanying regula- ment options; this country. tions, have gone too far. Though intended to S8676 CONGRESSIONAL RECORD — SENATE July 21, 1998 increase access to private pension savings, National Summit on Retirement Savings and lawyer’s offices, the top heavy rules these laws and regulations have actually had we believe it is critical that Congress ac- were needed to assure non-discrimina- an opposite effect, leaving millions of Amer- knowledge its importance by providing in- tion in provision of benefits. But in- ican workers without an easy way to save creased incentives. As you have recognized stead of expanding coverage, the top adequately for retirement. by the Pension Coverage and Portability heavy rules now tend to impose harsh ASPA represents over 3,000 pension profes- Act, the employer-sponsored retirement sys- sionals who provide services to approxi- tem plays a vital role in assuring that Amer- requirements on the small business mately one-third of the qualified retirement icans have adequate retirement incomes. We owner which deters him or her from plans in the United States. The vast major- look forward to working with you to improve even offering a plan. This bill makes ity of these plans are maintained by small the savings incentives in employer-sponsored changes to the top heavy rules in con- businesses. Our members have first-hand retirement plans. structive and thoughtful ways, such as knowledge of the existing regulatory bar- Sincerely, by changing the family aggregation riers preventing retirement plan formation JAMES A. KLEIN, rules, taking employee elective con- and retention by employers. We believe the President. tributions into account for purposes of provisions in your legislation, including the meeting the standards and simplifying new simplified defined benefit plan for small NATIONAL ASSOCIATION OF STATE the definition of ‘key employee’. business called the SAFE plan, the elimi- RETIREMENT ADMINISTRATORS, nation of the 25 percent of compensation Washington, DC, July 21, 1998. The bill makes pension plans more limit on plan contributions, and the relax- Hon. BOB GRAHAM, portable, a feature that is desperately ation of the top-heavy rules, will encourage Senate Hart Office Building, Washington, DC. needed in today’s highly mobile work- employers to offer pension plans for their RE: Support Public Pension Portability force. Senator GRAHAM has incor- employees, and will make it easier for em- Provisions the Senate Bipartisan Pension porated the body of S. 2329, the bill ployees to increase their own retirement sav- Tax Package that he, Senator BINGAMAN and I intro- ings. DEAR SENATOR GRAHAM: On behalf of our duced recently, as Title III of PCPA. Again, ASPA thanks you for your work on nation’s State retirement plans and the mil- Our bill eases rollovers, allows roll- retirement issues. The Pension Coverage and lions of public employees, retirees and bene- Portability Act sends a strong message that ficiaries who they cover, the National Asso- overs of after-tax contributions, waives current regulations have gone too far. We ciation of State Retirement Administrators the 60-day rule under certain cir- look forward to working with you to move (NASRA) supports public pension provisions cumstances, modifies the ‘‘same-desk’’ this bill through the legislative process. contained in the Senate Bipartisan Pension rule, rationalizes distribution rules and Sincerely, Tax Package. allows governmental workers to pur- BRIAN GRAFF, In particular, we support provisions in chase service credit with defined con- Executive Director. your legislation that promote portability be- tribution plan money to increase their tween various defined contribution and de- benefits in their defined benefit plans. ASSOCIATION OF PRIVATE PENSION ferred compensation plans, and that allow This bill makes essentially the same AND WELFARE PLANS funds from all of these plans to be used to Washington, DC, July 21, 1998. purchase permissive service credits in public changes. In addition to encouraging plan spon- Hon. BOB GRAHAM, defined benefit plans. We also applaud provi- U.S. Senate, Washington, DC. sions that would remove certain pension lim- sorship among small businesses and fa- DEAR SENATOR GRAHAM: I am writing on itations. cilitating pension portability, the bill behalf of the Association of Private Pension All of these provisions would help employ- encourages retirement savings edu- and Welfare Plans (APPWP) to express our ees build and strengthen their retirement cation. It also reduces the regulatory support for the Pension Coverage and Port- savings, especially those who have worked burdens associated with maintaining a ability Act. We commend you for your lead- among various public, non-profit and private plan, such as providing coverage test ership in addressing the need to strengthen institutions. Our organization is very grate- flexibility and freedom from the re- the employer-sponsored retirement system. ful for your leadership on former public pen- The APPWP is the national trade associa- sion legislation, and commends you on your quirement to use mechanical non- tion for companies concerned about federal continued work in this area. discrimination testing rules. legislation and regulations affecting all as- Sincerely, Although I believe the vast majority pects of the employee benefits community. M. DEE WILLIAMS, of this measure takes positive steps APPWP members either sponsor directly or President. forward, I do have some misgivings provide to employee benefit plans covering RICHARD E. SCHUMACHER, about the staffing firms provision in- more than 100 million Americans. Immediate Past Presi- cluded in section 108. I am cosponsor- Your legislation represents a significant dent, Chair, Legisla- ing PCPA despite the inclusion of sec- step towards improving the rules governing tive Committee. tion 108 in the bill, but I hope that Sen- the employer sponsored retirement system ∑ Mr. JEFFORDS. Mr. President, I am upon which millions of Americans rely for a ator GRAHAM and the other cosponsors majority of their retirement income. More glad to cosponsor the Pension Coverage will work with me to air the issues and specifically, we believe that passage of this and Portability Act of 1998, (PCPA). I try to address the concerns of those legislation will expand coverage, particu- cosponsored the predecessor bill, S. 889 who oppose this provision in as con- larly among small businesses, allow employ- with senators GRAHAM, HATCH, and oth- structive a manner as is appropriate.∑ ers to design their plans to more effectively ers, and PCPA is a natural follow-on to f meet their workers’ needs and increase port- S. 889. ability and preservation of retirement in- This bill will encourage pension plan ADDITIONAL COSPONSORS come. sponsorship among small businesses S. 10 In particular, we are pleased that you rec- ognize the need to include provisions that re- and make it easier for the small busi- At the request of Mr. ENZI, his name duce the complexity and improve the incen- ness man or woman to have greater was withdrawn as a cosponsor of S. 10, tives for maintaining a retirement plan such confidence in government oversight of a bill to reduce violent juvenile crime, as repeal of the ‘‘same desk rule,’’ relief from their plan and that they will not have promote accountability by juvenile the overly restrictive ‘‘anti-cut back rules,’’ to constantly hire services of actuar- criminals, punish and deter violent modification of the top-heavy and minimum ies, accountants and tax attorneys and gang crime, and for other purposes. distribution rules, simplification of the investment advisers once they estab- S. 657 ESOP dividend reinvestment rules and relief lish it. The bill makes it easier to im- At the request of Mr. DASCHLE, the from the anomalies of the mechanical non- discrimination rules. plement a payroll deduction IRA, it name of the Senator from Vermont However, as you continue your work on an provides for a simplified defined benefit (Mr. LEAHY) was added as a cosponsor improved employer-sponsored retirement pension plan, it allows a payroll deduc- of S. 657, a bill to amend title 10, system, we urge you to consider two major tion SIMPLE plan with limits twice as United States Code, to permit retired savings incentives that regrettably have not high as those currently available to members of the Armed Forces who been included in the bill. As we discussed IRAs, it eliminates IRS registration have a service-connected disability to with you when you spoke to our Board of Di- fees for new plans and provides a tax receive military retired pay concur- rectors last September, increasing the con- rently with veterans’ disability com- tribution limits and adding a ‘‘catch-up’’ credit for plan start up, as well as contribution provision would encourage plan many other things. pensation. participants to save more for retirement. The bill also eases the top-heavy S. 769 The need for American workers to save more rules. In the days when the only small At the request of Mr. LAUTENBERG, effectively was recently highlighted at the pension plans belonged to doctor’s and the name of the Senator from Iowa July 21, 1998 CONGRESSIONAL RECORD — SENATE S8677

(Mr. HARKIN) was added as a cosponsor North Dakota (Mr. DORGAN), and the New Hampshire (Mr. GREGG) were of S. 769, a bill to amend the provisions Senator from Nebraska (Mr. HAGEL) added as cosponsors of S. 2330, a bill to of the Emergency Planning and Com- were added as cosponsors of S. 2035, a improve the access and choice of pa- munity Right-To-Know Act of 1986 to bill to amend title 39, United States tients to quality, affordable health expand the public’s right to know Code, to establish guidelines for the re- care. about toxic chemical use and release, location, closing, or consolidation of SENATE RESOLUTION 193 to promote pollution prevention, and post offices, and for other purposes. At the request of Mr. REID, the for other purposes. S. 2128 names of the Senator from Rhode Is- S. 1321 At the request of Mr. STEVENS, the land (Mr. REED), the Senator from West At the request of Mr. TORRICELLI, the names of the Senator from South Caro- Virginia (Mr. ROCKEFELLER), and the name of the Senator from California lina (Mr. THURMOND) and the Senator Senator from New York (Mr. MOY- (Mrs. FEINSTEIN) was added as a co- from New Mexico (Mr. DOMENICI) were NIHAN) were added as cosponsors of sponsor of S. 1321, a bill to amend the added as cosponsors of S. 2128, a bill to Senate Resolution 193, a resolution des- Federal Water Pollution Control Act to clarify the authority of the Director of ignating December 13, 1998, as ‘‘Na- permit grants for the national estuary the Federal Bureau of Investigation re- tional Children’s Memorial Day.’’ program to be used for the develop- garding the collection of fees to proc- f ment and implementation of a com- ess certain identification records and AMENDMENTS SUBMITTED prehensive conservation and manage- name checks, and for other purposes. ment plan, to reauthorize appropria- S. 2162 tions to carry out the program, and for At the request of Mr. MACK, the name DEPARTMENT OF COMMERCE, JUS- other purposes. of the Senator from Alabama (Mr. TICE, AND STATE, THE JUDICI- S. 1427 SHELBY) was added as a cosponsor of S. ARY, AND RELATED AGENCIES At the request of Mr. FORD, the name 2162, a bill to amend the Internal Reve- APPROPRIATIONS ACT, 1999 of the Senator from Massachusetts nue Code of 1986 to more accurately (Mr. KERRY) was added as a cosponsor codify the depreciable life of printed of S. 1427, a bill to amend the Commu- wiring board and printed wiring assem- BROWNBACK AMENDMENT NO. 3226 nications Act of 1934 to require the bly equipment. (Ordered to lie on the table.) Federal Communications Commission S. 2180 Mr. BROWNBACK submitted an to preserve lowpower television sta- At the request of Mr. LOTT, the amendment intended to be proposed by tions that provide community broad- names of the Senator from Idaho (Mr. him to the bill (S. 2260) making appro- casting, and for other purposes. KEMPTHORNE), the Senator from Flor- priations for the Department of Com- S. 1647 ida (Mr. GRAHAM), the Senator from merce, Justice, and State, the Judici- At the request of Mr. BAUCUS, the South Carolina (Mr. HOLLINGS), the ary, and related programs for the fiscal name of the Senator from New Mexico Senator from South Carolina (Mr. year ending September 30, 1999; as fol- (Mr. BINGAMAN) was added as a cospon- THURMOND), the Senator from North lows: sor of S. 1647, a bill to reauthorize and Carolina (Mr. HELMS), and the Senator On page 62, lines 3 through 16, strike ‘‘That if the standard build-out’’ and all that fol- make reforms to programs authorized from Michigan (Mr. ABRAHAM) were by the Public Works and Economic De- lows through ‘‘covered by those costs.’’ and added as cosponsors of S. 2180, a bill to insert the following: ‘‘That the standard velopment Act of 1965. amend the Comprehensive Environ- build-out costs of the Patent and Trademark S. 1862 mental Response, Compensation, and Office shall not exceed $36.69 per occupiable At the request of Mr. DEWINE, the Liability Act of 1980 to clarify liability square feet in year 2000 dollars (which con- name of the Senator from California under that Act for certain recycling stitutes the amount specified in the Ad- (Mrs. FEINSTEIN) was added as a co- transactions. vanced Acquisition program of the General Services Administration), including any sponsor of S. 1862, a bill to provide as- S. 2259 above-standard costs: Provided further, That sistance for poison prevention and to At the request of Mr. MURKOWSKI, the the moving costs of the Patent and Trade- stabilize the funding of regional poison name of the Senator from Washington mark Office (which shall include the costs of control centers. (Mr. GORTON) was added as a cosponsor moving furniture, telephone, and data instal- S. 1890 of S. 2259, a bill to amend title XVIII of lation) shall not exceed $135,000,000.’’. At the request of Mr. DASCHLE, the the Social Security Act to make cer- name of the Senator from Kentucky tain changes related to payments for COATS AMENDMENT NO. 3227 (Mr. FORD) was added as a cosponsor of graduate medical education under the Mr. COATS proposed an amendment S. 1890, a bill to amend the Public medicare program. to the bill, S. 2260, supra; as follows: Health Service Act and the Employee S. 2295 On page 135, between lines 11 and 12, insert Retirement Income Security Act of At the request of Mr. MCCAIN, the the following: 1974 to protect consumers in managed names of the Senator from Ohio (Mr. TITLE I.— care plans and other health coverage. GLENN) and the Senator from South SEC. 620. (a) PROHIBITION.— S. 1891 Dakota (Mr. JOHNSON) were added as (1) IN GENERAL.—Section 223 of the Commu- At the request of Mr. DASCHLE, the cosponsors of S. 2295, a bill to amend nications Act of 1934 (47 U.S.C. 223) is amend- name of the Senator from Kentucky the Older Americans Act of 1965 to ex- ed— (Mr. FORD) was added as a cosponsor of tend the authorizations of appropria- (A) by redesignating subsections (e), (f), S. 1891, a bill to amend the Internal tions for that Act, and for other pur- (g), and (h) as subsections (f), (g), (h), and (i), respectively; and Revenue Code of 1986 to protect con- poses. (B) by inserting after subsection (d) the sumers in managed care plans and S. 2296 following new subsection (e): other health coverage. At the request of Mr. MACK, the name ‘‘(e)(1) Whoever in interstate or foreign S. 1924 of the Senator from Alaska (Mr. STE- commerce in or through the World Wide Web is engaged in the business of the commercial At the request of Mr. MACK, the name VENS) was added as a cosponsor of S. 2296, a bill to amend the Internal Reve- distribution of material that is harmful to of the Senator from Montana (Mr. minors shall restrict access to such material BURNS) was added as a cosponsor of S. nue Code of 1986 to repeal the limita- by persons under 17 years of age. 1924, a bill to restore the standards tion on the amount of receipts attrib- ‘‘(2) Any person who violates paragraph (1) used for determining whether technical utable to military property which may shall be fined not more than $50,000, impris- workers are not employees as in effect be treated as exempt foreign trade in- oned not more than six months, or both. before the Tax Reform Act of 1986. come. ‘‘(3) In addition to the penalties under paragraph (2), whoever intentionally violates S. 2035 S. 2330 paragraph (1) shall be subject to a fine of not At the request of Mr. BAUCUS, the At the request of Mr. NICKLES, the more than $50,000 for each violation. For pur- names of the Senator from North Da- names of the Senator from Kentucky poses of this paragraph, each day of violation kota (Mr. CONRAD), the Senator from (Mr. MCCONNELL) and the Senator from shall constitute a separate violation. S8678 CONGRESSIONAL RECORD — SENATE July 21, 1998 ‘‘(4) In addition to the penalties under ondary school (or the school board or other the market for delivery of multichannel paragraphs (2) and (3), whoever violates para- authority with responsibility for administra- video programming. graph (1) shall be subject to a civil fine of tion of that school) shall certify to the Com- (E) In the Cable Television Consumer Pro- not more than $50,000 for each violation. For mission that it has— tection and Competition Act of 1992, Con- purposes of this paragraph, each day of viola- ‘‘(A) selected a system for computers with gress stated its policy of promoting the tion shall constitute a separate violation. Internet access to filter or block matter availability to the public of a diversity of ‘‘(5) It is an affirmative defense to prosecu- deemed to be inappropriate for minors; and views and information through cable tele- tion under this subsection that the defend- ‘‘(B) installed, or will install as soon as it vision and other video distribution media. ant restricted access to material that is obtains computers with Internet access, a (F) Direct-to-home satellite television harmful to minors by persons under 17 years system to filter or block such matter. service is the fastest growing multichannel of age by requiring use of a verified credit ‘‘(3) CERTIFICATION FOR LIBRARIES.—Before video programming service with approxi- card, debit account, adult access code, or receiving universal service assistance under mately 8 million households subscribing to adult personal identification number or in subsection (h)(1)(B), a library that has a video programming delivered by satellite accordance with such other procedures as computer with Internet access shall certify carriers. the Commission may prescribe. to the Commission that, on one or more of (G) Direct-to-home satellite television ‘‘(6) This subsection may not be construed its computers with Internet access, it em- service is the service that most likely can to authorize the Commission to regulate in ploys a system to filter or block matter provide effective competition to cable tele- any manner the content of any information deemed to be inappropriate for minors. If a vision service. provided on the World Wide Web. library that makes a certification under this (H) Through the compulsory copyright li- ‘‘(7) For purposes of this subsection: paragraph changes the system it employs or cense created by section 119 of the Satellite ‘‘(A) The term ‘material that is harmful to ceases to employ any such system, it shall Home Viewer Act of 1988, satellite carriers minors’ means any communication, picture, notify the Commission within 10 days after have paid a royalty fee per subscriber, per image, graphic image file, article, recording, implementing the change or ceasing to em- month to retransmit network and supersta- writing, or other matter of any kind that— ploy the system. tion signals by satellite to subscribers for ‘‘(i) taken as a whole and with respect to ‘‘(4) LOCAL DETERMINATION OF CONTENT.— private home viewing. minors, appeals to a prurient interest in nu- For purposes of paragraphs (2) and (3), the (I) Congress set the 1988 fees to equal the dity, sex, or excretion; determination of what matter is inappropri- average fees paid by cable television opera- ‘‘(ii) depicts, describes, or represents, in a ate for minors shall be made by the school, tors for the same superstation and network patently offensive way with respect to what school board, library or other authority re- signals. is suitable for minors, an actual or simulated sponsible for making the required certifi- (J) Effective May 1, 1992, the royalty fees sexual act or sexual contact, actual or simu- cation. No agency or instrumentality of the payable by satellite carriers were increased lated normal or perverted sexual acts, or a United States Government may— through compulsory arbitration to $0.06 per lewd exhibition of the genitals; and ‘‘(A) establish criteria for making that de- subscriber per month for retransmission of ‘‘(iii) lacks serious literary, artistic, politi- termination; network signals and $0.175 per subscriber per cal, or scientific value. ‘‘(B) review the determination made by the month for retransmission of superstation ‘‘(B) The terms ‘sexual act’ and ‘sexual certifying school, school board, library, or signals, unless all of the programming con- contact’ have the meanings assigned such other authority; or tained in the superstation signal is free from terms in section 2246 of title 18, United ‘‘(C) consider the criteria employed by the syndicated exclusivity protection under the States Code.’’. certifying school, school board, library, or rules of the Federal Communications Com- (2) CONFORMING AMENDMENT.—Subsection other authority in the administration of sub- mission, in which case the fee was decreased (h) of such section, as so redesignated, is section (h)(1)(B).’’. to $0.14 per subscriber per month. These fees amended by striking ‘‘(e), or (f)’’ and insert- (b) CONFORMING CHANGE.—Section were 40–70 percent higher than the royalty ing ‘‘(f), or (g)’’. 254(h)(1)(B) of the Communications Act of fees paid by cable television operators to re- (b) AVAILABILITY ON INTERNET OF DEFINI- 1934 (47 U.S.C. 254(h)(1)(B)) is amended by transmit the same signals. TION OF MATERIAL THAT IS HARMFUL TO MI- striking ‘‘All telecommunications’’ and in- (K) On October 27, 1997, the Librarian of NORS.—The Attorney General, in the case of serting ‘‘Except as provided by subsection Congress adopted the recommendation of the the Internet web site of the Department of (l), all telecommunications’’. copyright Arbitration Royalty Panel and ap- Justice, and the Federal Communications proved raising the royalty fees of satellite Commission, in the case of the Internet web carriers to $0.27 per subscriber per month for MCCAIN (AND BURNS) AMENDMENT site of the Commission, shall each post or both superstation and network signals, effec- otherwise make available on such web site NO. 3229 tive January 1, 1998. such information as is necessary to inform Mr. MCCAIN (for himself and Mr. (L) The fees adopted by the Librarian are 270 percent higher for superstations and 900 the public of the meaning of the term ‘‘mate- BURNS) proposed an amendment to the percent higher for network signals than the rial that is harmful to minors’’ under section bill, S. 2260, supra; as follows: 223(e) of the Communications Act of 1934, as royalty fees paid by cable television opera- At the appropriate place, insert the follow- amended by subsection (a) of this section. tors for the exact same signals. ing: (M) To be an effective competitive to SEC. —. MULTICHANNEL VIDEO PROGRAMMING. cable, direct-to-home satellite television McCAIN (AND OTHERS) (a) FINDINGS.— must have access to the same programming AMENDMENT NO. 3228 (1) The Congress finds that: carried by its competitors and at comparable Mr. MCCAIN (for himself, Mr. COATS, (A) Signal theft represents a serious threat rates. In addition, consumers living in areas and Mrs. MURRAY) proposed an amend- to direct-to-home satellite television. In the where over-the-air network signals are not ment to amendment No. 3227 proposed Telecommunications Act of 1996, Congress available rely upon satellite carriers for ac- confirmed the applicability of penalties for cess to important news and entertainment. by Mr. COATS to the bill, S. 2260, supra; unauthorized decryption of direct-to-home (N) The Copyright Arbitration Royalty as follows: satellite services. Nevertheless, concerns re- Panel did not adequately consider the ad- At the end of the pending Amendment, add main about civil liability for such unauthor- verse competitive effect of the differential in the following: ized decryption. satellite and cable royalty fees on promoting TITLE II.—INTERNET FILTERING (B) In view of the desire to establish com- competition among multichannel video pro- petition to the cable television industry, SECTION 1. NO UNIVERSAL SERVICE FOR gramming providers and the importance of SCHOOLS OR LIBRARIES THAT FAIL Congress authorized consumers to utilize di- evaluating the fees satellite carriers pay in TO IMPLEMENT A FILTERING OR rect-to-home satellite systems for viewing the context of the competitive nature of the BLOCKING SYSTEM FOR COMPUT- video programming through the Cable Com- multichannel video programming market- ERS WITH INTERNET ACCESS. munications Policy Act of 1984. place. (a) IN GENERAL.—Section 254 of the Com- (C) Congress found in the Cable Television (O) If the recommendation of the Copy- munications Act of 1934 (47 U.S.C. 254) is Consumer Protection and Competition Act of right Arbitration Royalty Panel is allowed amended by adding at the end thereof the 1992 that without the presence of another to stand, the direct-to-home satellite indus- following: multichannel video programming distribu- try, whose total subscriber base is equivalent ‘‘(l) IMPLEMENTATION OF A FILTERING OR tor, a cable television operator faces no local in size to approximately 11 percent of all BLOCKING SYSTEM.— competition and that the result is undue cable households, will be paying royalties ‘‘(1) IN GENERAL.—No services may be pro- market power for the cable operator as com- that equal half the size of the cable royalty vided under subsection (h)(1)(B) to any ele- pared to that of consumers and other video pool, thus giving satellite subscribers a dis- mentary or secondary school, or any library, programmers. proportionate burden for paying copyright unless it provides the certification required (D) The Federal Communications Commis- royalties when compared to cable television by paragraph (2) or (3), respectively. sion, under the Cable Television Consumer subscribers. ‘‘(2) CERTIFICATION FOR SCHOOLS.—Before Protection and Competition Act of 1992, has (b) DBS SIGNAL SECURITY.—Section 605(d) receiving universal service assistance under the responsibility for reporting annually to of the Communications Act of 1934 (47 U.S.C. subsection (h)(1)(B), an elementary or sec- the Congress on the state of competition in 605) is amended by adding after ‘‘satellite July 21, 1998 CONGRESSIONAL RECORD — SENATE S8679

cable programming,’’ the following: ‘‘or di- censed manufacturer, licensed importer, or KULSKI) proposed an amendment to rect-to-home satellite services,’’. licensed dealer to sell, deliver, or transfer amendment No. 3230 proposed by Mrs. (c) NOTICE OF INQUIRY; REPORT.—Section any handgun to any person other than a li- BOXER to the bill, S. 2260, supra; as fol- 628 of the Communications Act of 1934 (47 censed manufacturer, licensed importer, or lows: U.S.C. 548) is amended by adding at the end licensed dealer, unless the transferee is pro- of subsection (g): ‘‘The Commission shall, vided with a locking device for that hand- Strike all after the first word and insert the following: within 180 days after enactment of the Act gun. 1ll. CHILD SAFETY LOCKS. making appropriations for the Department ‘‘(2) EXCEPTIONS.—Paragraph (1) does not of Commerce, Justice, and State, the Judici- apply to— (a) DEFINITIONS.—Section 921(a) of title 18, ary and related agencies for the fiscal year ‘‘(A) the— United States Code, is amended by adding at the end the following: evolving September 30, 1998, initiate a notice ‘‘(i) manufacture for, transfer to, or posses- ‘‘(34) The term ‘locking device’ means a de- of inquiry to determine that best way in sion by, the United States or a State or a de- vice or locking mechanism— which to facilitate the retransmission of dis- partment or agency of the United States, or ‘‘(A) that— tant broadcast signals such that it is more a State or a department, agency, or political ‘‘(i) if installed on a firearm and secured by consistent with the 1992 Cable Act’s goal of subdivision of a State, of a firearm; or means of a key or a mechanically, electroni- promoting competition in the market for de- ‘‘(ii) transfer to, or possession by, a law en- cally, or electromechanically operated com- livery of multichannel video programming forcement officer employed by an entity re- bination lock, is designed to prevent the fire- and the public interest. The Commission also ferred to in clause (i) of a firearm for law en- arm from being discharged without first de- shall within 180 days after such date of en- forcement purposes (whether on or off duty); activating or removing the device by means actment report to Congress on the effect of or of a key or mechanically, electronically, or the increase in royalty fees paid by satellite ‘‘(B) the transfer to, or possession by, a rail electromechanically operated combination carriers pursuant to the decision by the Li- police officer employed by a rail carrier and lock; brarian of Congress on competition in the certified or commissioned as a police officer ‘‘(ii) if incorporated into the design of a market for delivery of multichannel video under the laws of a State of a firearm for firearm, is designed to prevent discharge of programming and the ability of the direct- purposes of law enforcement (whether on or the firearm by any person who does not have to-home satellite industry to compete.’’. off duty).’’. access to the key or other device designed to (d) EFFECTIVE DATE.—Notwithstanding any (2) EFFECTIVE DATE.—Section 922(y) of title unlock the mechanism and thereby allow other provision of law, the Copyright Office 18, United States Code, as added by this sub- discharge of the firearm; or is prohibited from implementing, enforcing, section, shall take effect 150 days after the ‘‘(iii) is a safe, gun safe, gun case, lock box, collecting or awarding copyright royalty date of enactment of this Act. or other device that is designed— fees, and no obligation or liability for copy- (c) LIABILITY; EVIDENCE.— ‘‘(I) to store a firearm; and right royalty fees shall accrue pursuant to (1) LIABILITY.—Nothing in this section ‘‘(II) to be unlocked only by means of a the decision of the Librarian of Congress on shall be construed to— key, a combination, or other similar means; October 27, 1997, which established a royalty (A) create a cause of action against any and fee of $0.27 per subscriber per month for the firearms dealer or any other person for any ‘‘(B) that is approved by a licensed fire- retransmission of distant broadcast signals civil liability; or arms manufacturer for use on the handgun by satellite carriers, before January 1, 2000. (B) establish any standard of care. with which the device or locking mechanism (2) EVIDENCE.—Notwithstanding any other is sold, delivered, or transferred.’’. provision of law, evidence regarding compli- BOXER (AND OTHERS) (b) UNLAWFUL ACTS.— ance or noncompliance with the amendments AMENDMENT NO. 3230 (1) IN GENERAL.—Section 922 of title 18, made by this section shall not be admissible United States Code, is amended by inserting Mrs. BOXER (for herself, Mr. KOHL, as evidence in any proceeding of any court, Mr. TORRICELLI, Mr. LAUTENBERG, Mr. after subsection (x) the following: agency, board, or other entity, except with ‘‘(y) LOCKING DEVICES.— MOYNIHAN, and Ms. LANDRIEU) proposed respect to an action to enforce this section. ‘‘(1) IN GENERAL.—Except as provided in an amendment to the bill, S. 2260, (3) RULE OF CONSTRUCTION.—Nothing in this paragraph (2), it shall be unlawful for any li- supra; as follows: subsection shall be construed to bar a gov- censed manufacturer, licensed importer, or At the appropriate place in title I of the ernmental action to impose a penalty under licensed dealer to sell, deliver, or transfer bill, insert the following: section 924(p) of title 18, United States Code, any handgun to any person other than a li- SEC. 1ll. CHILD SAFETY LOCKS. for a failure to comply with section 922(y) of censed manufacturer, licensed importer, or that title. (a) DEFINITIONS.—Section 921(a) of title 18, licensed dealer, unless the transferee is pro- United States Code, is amended by adding at (d) CIVIL PENALTIES.—Section 924 of title vided with a locking device for that hand- the end the following: 18, United States Code, is amended— gun. (1) in subsection (a)(1), by striking ‘‘or (f)’’ ‘‘(34) The term ‘locking device’ means a de- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not vice or locking mechanism— and inserting ‘‘(f), or (p)’’; and apply to— ‘‘(A) that— (2) by adding at the end the following: ‘‘(A) the— ‘‘(i) if installed on a firearm and secured by ‘‘(p) PENALTIES RELATING TO LOCKING DE- ‘‘(i) manufacture for, transfer to, or posses- means of a key or a mechanically, electroni- VICES.— sion by, the United States or a State or a de- cally, or electromechanically operated com- ‘‘(1) IN GENERAL.— partment or agency of the United States, or bination lock, is designed to prevent the fire- ‘‘(A) SUSPENSION OR REVOCATION OF LI- a State or a department, agency, or political arm from being discharged without first de- CENSE; CIVIL PENALTIES.—With respect to subdivision of a State, of a firearm; or activating or removing the device by means each violation of section 922(y)(1) by a li- ‘‘(ii) transfer to, or possession by, a law en- of a key or mechanically, electronically, or censee, the Secretary may, after notice and forcement officer employed by an entity re- electromechanically operated combination opportunity for hearing— ferred to in clause (i) of a firearm for law en- lock; ‘‘(i) suspend or revoke any license issued to forcement purposes (whether on or off duty); ‘‘(ii) if incorporated into the design of a the licensee under this chapter; or or firearm, is designed to prevent discharge of ‘‘(ii) subject the licensee to a civil penalty ‘‘(B) the transfer to, or possession by, a rail the firearm by any person who does not have in an amount equal to not more than $10,000. police officer employed by a rail carrier and access to the key or other device designed to ‘‘(B) REVIEW.—An action of the Secretary certified or commissioned as a police officer unlock the mechanism and thereby allow under this paragraph may be reviewed only under the laws of a State of a firearm for discharge of the firearm; or as provided in section 923(f). purposes of law enforcement (whether on or ‘‘(iii) is a safe, gun safe, gun case, lock box, ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- off duty).’’. pension or revocation of a license or the im- or other device that is designed— (2) EFFECTIVE DATE.—Section 922(y) of title ‘‘(I) to store a firearm; and position of a civil penalty under paragraph 18, United States Code, as added by this sub- ‘‘(II) to be unlocked only by means of a (1) does not preclude any administrative section, shall take effect 180 days after the key, a combination, or other similar means; remedy that is otherwise available to the date of enactment of this Act. and Secretary.’’. (c) LIABILITY; EVIDENCE.— ‘‘(B) that is approved by a licensed fire- (e) EFFECTIVE DATE.—This section and the (1) LIABILITY.—Nothing in this section arms manufacturer for use on the handgun amendments made by this section shall take shall be construed to— with which the device or locking mechanism effect 150 days after the date of enactment of (A) create a cause of action against any is sold, delivered, or transferred.’’. this Act. firearms dealer or any other person for any (b) UNLAWFUL ACTS.— civil liability; or (1) IN GENERAL.—Section 922 of title 18, BOXER (AND OTHERS) (B) establish any standard of care. United States Code, is amended by inserting AMENDMENT NO. 3231 (2) EVIDENCE.—Notwithstanding any other after subsection (x) the following: provision of law, evidence regarding compli- ‘‘(y) LOCKING DEVICES.— Mrs. BOXER (for herself, Mr. KOHL, ance or noncompliance with the amendments ‘‘(1) IN GENERAL.—Except as provided in Mr. TORRICELLI, Mr. LAUTENBERG, Mr. made by this section shall not be admissible paragraph (2), it shall be unlawful for any li- MOYNIHAN, Ms. LANDRIEU, and Ms. MI- as evidence in any proceeding of any court, S8680 CONGRESSIONAL RECORD — SENATE July 21, 1998 agency, board, or other entity, except with SMITH AMENDMENT NO. 3234 to have secure gun storage or safety devices respect to an action to enforce this section. available at any place in which firearms are Mr. SMITH of New Hampshire pro- (3) RULE OF CONSTRUCTION.—Nothing in this sold under the license to persons who are not subsection shall be construed to bar a gov- posed an amendment to amendment licensees (except that in any case in which a ernmental action to impose a penalty under No. 3233 proposed by him to the bill, S. secure gun storage or safety device is tempo- section 924(p) of title 18, United States Code, 2260, supra; as follows: rarily unavailable because of theft, casualty for a failure to comply with section 922(y) of In the pending amendment, strike all after loss, consumer sales, backorders from a man- that title. the word ‘‘SEC.’’ and insert in lieu thereof ufacturer, or any other similar reason be- (d) CIVIL PENALTIES.—Section 924 of title the following: yond the control of the licensee, the dealer 18, United States Code, is amended— None of the funds appropriated pursuant to shall not be considered to be in violation of (1) in subsection (a)(1), by striking ‘‘or (f)’’ this Act or any other provision of law may the requirement to make available such a and inserting ‘‘(f), or (p)’’; and be used for (1) any system to implement 18 device)’’. (2) by adding at the end the following: U.S.C. 922(t) that does not require and result (d) STATUTORY CONSTRUCTION; EVIDENCE.— ‘‘(p) PENALTIES RELATING TO LOCKING DE- in the immediate destruction of all informa- (1) STATUTORY CONSTRUCTION.—Nothing in VICES.— tion, in any form whatsoever, submitted by the amendments made by this section shall ‘‘(1) IN GENERAL.— or on behalf of any person who has been de- be construed— ‘‘(A) SUSPENSION OR REVOCATION OF LI- termined not to be prohibited from owning a (A) as creating a cause of action against CENSE; CIVIL PENALTIES.—With respect to firearm; (2) the implementation of any tax or any firearms dealer or any other person for each violation of section 922(y)(1) by a li- fee in connection with the implementation any civil liability; or censee, the Secretary may, after notice and of 18 U.S.C. 922(t); provided, that any person (B) as establishing any standard of care. opportunity for hearing— aggrieved by a violation of this provision (2) EVIDENCE.—Notwithstanding any other ‘‘(i) suspend or revoke any license issued to may bring an action in the federal district provision of law, evidence regarding compli- the licensee under this chapter; or court for the district in which the person re- ance or noncompliance with the amendments ‘‘(ii) subject the licensee to a civil penalty sides; provided, further, that any person who made by this section shall not be admissible in an amount equal to not more than $10,000. is successful with respect to any such action as evidence in any proceeding of any court, ‘‘(B) REVIEW.—An action of the Secretary shall receive damages, punitive damages, agency, board, or other entity. under this paragraph may be reviewed only and such other remedies as the court may (e) EFFECTIVE DATE.—The amendments as provided in section 923(f). determine to be appropriate, including a rea- made by this section shall take effect 180 ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- sonable attorney’s fee. The provisions of this days after the date of enactment of this Act. pension or revocation of a license or the im- section shall become effective one day after SEC. FIREARM SAFETY EDUCATION GRANTS. position of a civil penalty under paragraph enactment.’’ (a) IN GENERAL.—Section 510 of the Omni- (1) does not preclude any administrative bus Crime Control and Safe Streets Act of remedy that is otherwise available to the LOTT AMENDMENT NO. 3235 1968 (42 U.S.C. 3760) is amended— Secretary.’’. (1) in subsection (a), by striking paragraph (e) EFFECTIVE DATE.—This section and the Mr. LOTT proposed an amendment to (1) and inserting the following: amendments made by this section shall take the motion to commit proposed by him ‘‘(1) undertaking educational and training effect 180 days after the date of enactment of to the bill, S. 2260, supra; as follows: programs for— this Act. In the appropriate place insert the follow- ‘‘(A) criminal justice personnel; and ing: ‘‘(B) the general public, with respect to the BAUCUS AMENDMENT NO. 3232 SEC. . FIREARMS SAFETY. lawful and safe ownership, storage, carriage, (Ordered to lie on the table.) (a) SECURE GUN STORAGE DEVICE.—Section or use of firearms, including the provision of Mr. BAUCUS submitted an amend- 921(a) of title 18, United States Code, is secure gun storage or safety devices;’’; ment intended to be proposed by him amended by adding at the end the following: (2) in the first sentence of subsection (b), to the bill, S. 2260, supra; as follows: ‘‘(34) The term ‘secure gun storage or safe- by inserting before the period the following: ty device’ means— ‘‘and is authorized to make grants to, or On page 56, line 16, insert before the period ‘‘(A) a device that, when installed on a fire- enter into contracts with, those persons and at the end the following: ‘‘: Provided further, arm, is designed to prevent the firearm from entities to carry out the purposes specified That of the amounts available under this being operated without first deactivating the in subsection (a)(1)(B) in accordance with heading, $150,000 shall be made available to device; subsection (c)’’; and the Bear Paw Development Council, Mon- ‘‘(B) a device incorporated into the design (3) by adding at the end the following: tana, for the management and conversion of of the firearm that is designed to prevent the ‘‘(c)(1) In accordance with this subsection, the Havre Air Force Base and Training Site, operation of the firearm by anyone not hav- the Director may make a grant to, or enter Montana, for public benefit purposes, includ- ing access to the device; or into a contract with, any person or entity re- ing public schools, housing for the homeless, ‘‘(C) a safe, gun safe, gun case, lock box, or ferred to in subsection (b) to provide for a and economic development’’. other device that is designed to be or can be firearm safety program that, in a manner used to store a firearm and that is designed consistent with subsection (a)(1)(B), provides SMITH (AND ENZI) AMENDMENT to be unlocked only by means of a key, a for general public training and dissemina- NO. 3233 combination, or other similar means.’’. tion of information concerning firearm safe- Mr. SMITH of New Hampshire (for (b) CERTIFICATION REQUIRED IN APPLICATION ty, secure gun storage, and the lawful owner- FOR DEALER’S LICENSE.—Section 923(d)(1) of ship, carriage, or use of firearms, including himself and Mr. ENZI) proposed an title 18, United States Code, is amended— the provision of secure gun storage or safety amendment to the bill, S. 2260, supra; (1) in subparagraph (E), by striking ‘‘and’’ devices. as follows: at the end; ‘‘(2) Funds made available under a grant At the appropriate place, insert the follow- (2) in subparagraph (F), by striking the pe- under paragraph (1) may not be used (either ing: riod at the end and inserting ‘‘; and’’; and directly or by supplanting non-Federal ‘‘SEC. . None of the funds appropriated (3) by adding at the end the following: funds) for advocating or promoting gun con- pursuant to this Act or any other provision ‘‘(G) in the case of an application to be li- trol, including making communications that of law may be used for (1) any system to im- censed as a dealer, the applicant certifies are intended to directly or indirectly affect plement 18 U.S.C. 922(t) that does not require that secure gun storage or safety devices will the passage of Federal, State, or local legis- and result in the immediate destruction of be available at any place in which firearms lation intended to restrict or control the all information, in any form whatsoever, are sold under the license to persons who are purchase or use of firearms. submitted by or on behalf of any person who not licensees (subject to the exception that ‘‘(3) Except as provided in paragraph (4), has been determined not to be prohibited in any case in which a secure gun storage or each firearm safety program that receives from owning a firearm; (2) the implementa- safety device is temporarily unavailable be- funding under this subsection shall provide tion of any tax or fee in connection with the cause of theft, casualty loss, consumer sales, for evaluations that shall be developed pur- implementation of 18 U.S.C. 922(t); provided, backorders from a manufacturer, or any suant to guidelines that the Director of the that any person aggrieved by a violation of other similar reason beyond the control of National Institute of Justice of the Depart- this provision may bring an action in the the licensee, the dealer shall not be consid- ment of Justice, in consultation with the Di- federal district court for the district in ered to be in violation of the requirement rector of the Bureau of Justice Assistance which the person resides; provided, further, under this subparagraph to make available and recognized private entities that have ex- that any person who is successful with re- such a device).’’. pertise in firearms safety, education and spect to any such action shall receive dam- (c) REVOCATION OF DEALER’S LICENSE FOR training, shall establish. ages, punitive damages, and such other rem- FAILURE TO HAVE SECURE GUN STORAGE OR ‘‘(4) With respect to a firearm safety pro- edies as the court may determine to be ap- SAFETY DEVICES AVAILABLE.—The first sen- gram that receives funding under this sec- propriate, including a reasonable attorney’s tence of section 923(e) of title 18, United tion, the Director may waive the evaluation fee. The provisions of this section shall be- States Code, is amended by inserting before requirement described in paragraph (3) if the come effective one day after enactment.’’ the period at the end the following: ‘‘or fails Director determines that the program— July 21, 1998 CONGRESSIONAL RECORD — SENATE S8681

‘‘(A) is not of a sufficient size to justify an (2) EVIDENCE.—Notwithstanding any other ‘‘(34) The term ‘secure gun storage or safe- evaluation; or provision of law, evidence regarding compli- ty device’ means— ‘‘(B) is designed primarily to provide mate- ance or noncompliance with the amendments ‘‘(A) a device that, when installed on a fire- rial resources and supplies, and that activity made by this section shall not be admissible arm, is designed to prevent the firearm from would not justify an evaluation.’’. as evidence in any proceeding of any court, being operated without first deactivating the (b) EFFECTIVE DATE.—The amendments agency, board, or other entity. device; made by this section shall take effect on the (e) EFFECTIVE DATE.—The amendments ‘‘(B) a device incorporated into the design earlier of— made by this section shall take effect 180 of the firearm that is designed to prevent the (1) October 1, 1998; or days after the date of enactment of this Act. operation of the firearm by anyone not hav- (2) the date of enactment of this Act. SEC. FIREARM SAFETY EDUCATION GRANTS. ing access to the device; or (a) IN GENERAL.—Section 510 of the Omni- ‘‘(C) a safe, gun safe, gun case, lock box, or LOTT AMENDMENT NO. 3236 bus Crime Control and Safe Streets Act of other device that is designed to be or can be 1968 (42 U.S.C. 3760) is amended— used to store a firearm and that is designed Mr. LOTT proposed an amendment to (1) in subsection (a), by striking paragraph to be unlocked only by means of a key, a amendment No. 3235 proposed by him (1) and inserting the following: combination, or other similar means.’’. to the bill, S. 2260, supra; as follows: ‘‘(1) undertaking educational and training (b) CERTIFICATION REQUIRED IN APPLICATION programs for— FOR DEALER’S LICENSE.—Section 923(d)(1) of Amendments intended to be proposed by ‘‘(A) criminal justice personnel; and title 18, United States Code, is amended— Mr. CRAIG, strike all after the first word of ‘‘(B) the general public, with respect to the (1) in subparagraph (E), by striking ‘‘and’’ the amendment and insert the following: lawful and safe ownership, storage, carriage, at the end; FIREARMS SAFETY. or use of firearms, including the provision of (2) in subparagraph (F), by striking the pe- (a) SECURE GUN STORAGE DEVICE.—Section secure gun storage or safety devices;’’; riod at the end and inserting ‘‘; and’’; and 921(a) of title 18, United States Code, is (2) in the first sentence of subsection (b), (3) by adding at the end the following: amended by adding at the end the following: by inserting before the period the following: ‘‘(G) in the case of an application to be li- ‘‘(34) The term ‘secure gun storage or safe- ‘‘and is authorized to make grants to, or censed as a dealer, the applicant certifies ty device’ means— enter into contracts with, those persons and that secure gun storage or safety devices will ‘‘(A) a device that, when installed on a fire- entities to carry out the purposes specified be available at any place in which firearms arm, is designed to prevent the firearm from in subsection (a)(1)(B) in accordance with are sold under the license to persons who are being operated without first deactivating the subsection (c)’’; and not licensees (subject to the exception that device; (3) by adding at the end the following: in any case in which a secure gun storage or ‘‘(B) a device incorporated into the design ‘‘(c)(1) In accordance with this subsection, safety device is temporarily unavailable be- of the firearm that is designed to prevent the the Director may make a grant to, or enter cause of theft, casualty loss, consumer sales, operation of the firearm by anyone not hav- into a contract with, any person or entity re- backorders from a manufacturer, or any ing access to the device; or ferred to in subsection (b) to provide for a other similar reason beyond the control of ‘‘(C) a safe, gun safe, gun case, lock box, or firearm safety program that, in a manner the licensee, the dealer shall not be consid- other device that is designed to be or can be consistent with subsection (a)(1)(B), provides ered to be in violation of the requirement used to store a firearm and that is designed for general public training and dissemina- under this subparagraph to make available to be unlocked only by means of a key, a tion of information concerning firearm safe- such a device).’’. combination, or other similar means.’’. ty, secure gun storage, and the lawful owner- (c) REVOCATION OF DEALER’S LICENSE FOR (b) CERTIFICATION REQUIRED IN APPLICATION ship, carriage, or use of firearms, including FAILURE TO HAVE SECURE GUN STORAGE OR FOR DEALER’S LICENSE.—Section 923(d)(1) of the provision of secure gun storage or safety SAFETY DEVICES AVAILABLE.—The first sen- title 18, United States Code, is amended— devices. tence of section 923(e) of title 18, United (1) in subparagraph (E), by striking ‘‘and’’ ‘‘(2) Funds made available under a grant States Code, is amended by inserting before at the end; under paragraph (1) may not be used (either the period at the end the following: ‘‘or fails (2) in subparagraph (F), by striking the pe- directly or by supplanting non-Federal to have secure gun storage or safety devices riod at the end and inserting ‘‘; and’’; and funds) for advocating or promoting gun con- available at any place in which firearms are trol, including making communications that (3) by adding at the end the following: sold under the license to persons who are not are intended to directly or indirectly affect ‘‘(G) in the case of an application to be li- licensees (except that in any case in which a the passage of Federal, State, or local legis- censed as a dealer, the applicant certifies secure gun storage or safety device is tempo- lation intended to restrict or control the that secure gun storage or safety devices will rarily unavailable because of theft, casualty purchase or use of firearms. be available at any place in which firearms loss, consumer sales, backorders from a man- are sold under the license to persons who are ‘‘(3) Except as provided in paragraph (4), each firearm safety program that receives ufacturer, or any other similar reason be- not licensees (subject to the exception that funding under this subsection shall provide yond the control of the licensee, the dealer in any case in which a secure gun storage or for evaluations that shall be developed pur- shall not be considered to be in violation of safety device is temporarily unavailable be- suant to guidelines that the Director of the the requirement to make available such a cause of theft, casualty loss, consumer sales, National Institute of Justice of the Depart- device)’’. backorders from a manufacturer, or any ment of Justice, in consultation with the Di- (d) STATUTORY CONSTRUCTION; EVIDENCE.— other similar reason beyond the control of rector of the Bureau of Justice Assistance (1) STATUTORY CONSTRUCTION.—Nothing in the licensee, the dealer shall not be consid- and recognized private entities that have ex- the amendments made by this section shall ered to be in violation of the requirement pertise in firearms safety, education and be construed— under this subparagraph to make available training, shall establish. (A) as creating a cause of action against such a device).’’. ‘‘(4) With respect to a firearm safety pro- any firearms dealer or any other person for (c) REVOCATION OF DEALER’S LICENSE FOR gram that receives funding under this sec- any civil liability; or FAILURE TO HAVE SECURE GUN STORAGE OR tion, the Director may waive the evaluation (B) as establishing any standard of care. SAFETY DEVICES AVAILABLE.—The first sen- requirement described in paragraph (3) if the (2) EVIDENCE.—Notwithstanding any other tence of section 923(e) of title 18, United Director determines that the program— provision of law, evidence regarding compli- States Code, is amended by inserting before ‘‘(A) is not of a sufficient size to justify an ance or noncompliance with the amendments the period at the end the following: ‘‘or fails evaluation; or made by this section shall not be admissible to have secure gun storage or safety devices ‘‘(B) is designed primarily to provide mate- as evidence in any proceeding of any court, available at any place in which firearms are rial resources and supplies, and that activity agency, board, or other entity. sold under the license to persons who are not would not justify an evaluation.’’. (e) EFFECTIVE DATE.—The amendments licensees (except that in any case in which a (b) EFFECTIVE DATE.—The amendments made by this section shall take effect 180 secure gun storage or safety device is tempo- made by this section shall take effect on the days after the date of enactment of this Act. rarily unavailable because of theft, casualty earlier of— SEC. . FIREARM SAFETY EDUCATION GRANTS. loss, consumer sales, backorders from a man- (1) October 2, 1998; or (a) IN GENERAL.—Section 510 of the Omni- ufacturer, or any other similar reason be- (2) the date of enactment of this Act. bus Crime Control and Safe Streets Act of yond the control of the licensee, the dealer 1968 (42 U.S.C. 3760) is amended— shall not be considered to be in violation of LOTT AMENDMENT NO. 3237 (1) in subsection (a), by striking paragraph the requirement to make available such a (1) and inserting the following: device)’’. Mr. LOTT proposed an amendment to ‘‘(1) undertaking educational and training (d) STATUTORY CONSTRUCTION; EVIDENCE.— amendment No. 3236 proposed by him programs for— (1) STATUTORY CONSTRUCTION.—Nothing in to the bill, S. 2260, supra; as follows: ‘‘(A) criminal justice personnel; and the amendments made by this section shall Strike all after the word ‘‘Firearms’’ and ‘‘(B) the general public, with respect to the be construed— insert the following: lawful and safe ownership, storage, carriage, (A) as creating a cause of action against SAFETY. or use of firearms, including the provision of any firearms dealer or any other person for (a) SECURE GUN STORAGE DEVICE.—Section secure gun storage or safety devices;’’; any civil liability; or 921(a) of title 18, United States Code, is (2) in the first sentence of subsection (b), (B) as establishing any standard of care. amended by adding at the end the following: by inserting before the period the following: S8682 CONGRESSIONAL RECORD — SENATE July 21, 1998 ‘‘and is authorized to make grants to, or be available at any place in which firearms lation intended to restrict or control the enter into contracts with, those persons and are sold under the license to persons who are purchase or use of firearms. entities to carry out the purposes specified not licensees (subject to the exception that ‘‘(3) Except as provided in paragraph (4), in subsection (a)(1)(B) in accordance with in any case in which a secure gun storage or each firearm safety program that receives subsection (c)’’; and safety device is temporarily unavailable be- funding under this subsection shall provide (3) by adding at the end the following: cause of theft, casualty loss, consumer sales, for evaluations that shall be developed pur- ‘‘(c)(1) In accordance with this subsection, backorders from a manufacturer, or any suant to guidelines that the Director of the the Director may make a grant to, or enter other similar reason beyond the control of National Institute of Justice of the Depart- into a contract with, any person or entity re- the licensee, the dealer shall not be consid- ment of Justice, in consultation with the Di- ferred to in subsection (b) to provide for a ered to be in violation of the requirement rector of the Bureau of Justice Assistance firearm safety program that, in a manner under this subparagraph to make available and recognized private entities that have ex- consistent with subsection (a)(1)(B), provides such a device).’’. pertise in firearms safety, education and for general public training and dissemina- (c) REVOCATION OF DEALER’S LICENSE FOR training, shall establish. tion of information concerning firearm safe- FAILURE TO HAVE SECURE GUN STORAGE OR ‘‘(4) With respect to a firearm safety pro- ty, secure gun storage, and the lawful owner- SAFETY DEVICES AVAILABLE.—The first sen- gram that receives funding under this sec- ship, carriage, or use of firearms, including tence of section 923(e) of title 18, United tion, the Director may waive the evaluation the provision of secure gun storage or safety States Code, is amended by inserting before requirement described in paragraph (3) if the devices. the period at the end the following: ‘‘or fails Director determines that the program— ‘‘(2) Funds made available under a grant to have secure gun storage or safety devices ‘‘(A) is not of a sufficient size to justify an under paragraph (1) may not be used (either available at any place in which firearms are evaluation; or directly or by supplanting non-Federal sold under the license to persons who are not ‘‘(B) is designed primarily to provide mate- funds) for advocating or promoting gun con- licensees (except that in any case in which a rial resources and supplies, and that activity trol, including making communications that secure gun storage or safety device is tempo- would not justify an evaluation.’’. are intended to directly or indirectly affect rarily unavailable because of theft, casualty (b) EFFECTIVE DATE.—The amendments the passage of Federal, State, or local legis- loss, consumer sales, backorders from a man- made by this section shall take effect on the lation intended to restrict or control the ufacturer, or any other similar reason be- earlier of— purchase or use of firearms. yond the control of the licensee, the dealer (1) October 1, 1998; or ‘‘(3) Except as provided in paragraph (4), shall not be considered to be in violation of (2) the date of enactment of this Act. each firearm safety program that receives the requirement to make available such a funding under this subsection shall provide device)’’. for evaluations that shall be developed pur- (d) STATUTORY CONSTRUCTION; EVIDENCE.— MOSELEY-BRAUN (AND DURBIN) suant to guidelines that the Director of the (1) STATUTORY CONSTRUCTION.—Nothing in AMENDMENT NO. 3239 National Institute of Justice of the Depart- the amendments made by this section shall (Ordered to lie on the table.) ment of Justice, in consultation with the Di- be construed— rector of the Bureau of Justice Assistance (A) as creating a cause of action against Ms. MOSELEY-BRAUN (for herself and recognized private entities that have ex- any firearms dealer or any other person for and Mr. DURBIN) submitted an amend- pertise in firearms safety, education and any civil liability; or ment intended to be proposed by them training, shall establish. (B) as establishing any standard of care. to the bill, S. 2260, supra; as follows: ‘‘(4) With respect to a firearm safety pro- (2) EVIDENCE.—Notwithstanding any other On page 51, between lines 9 and 10, insert gram that receives funding under this sec- provision of law, evidence regarding compli- the following: tion, the Director may waive the evaluation ance or noncompliance with the amendments SEC. 121. INTERNET PREDATOR PREVENTION. requirement described in paragraph (3) if the made by this section shall not be admissible (a) PROHIBITION AND PENALTIES.—Chapter Director determines that the program— as evidence in any proceeding of any court, 110 of title 18, United States Code, is amend- ‘‘(A) is not of a sufficient size to justify an agency, board, or other entity. ed by adding at the end the following: evaluation; or (e) EFFECTIVE DATE.—The amendments ‘‘(B) is designed primarily to provide mate- made by this section shall take effect 180 ‘‘§ 2261. Publication of identifying informa- rial resources and supplies, and that activity days after the date of enactment of this Act. tion relating to a minor for criminal sexual would not justify an evaluation.’’. SEC. . FIREARM SAFETY EDUCATION GRANTS. purposes (a) IN GENERAL.—Section 510 of the Omni- ‘‘(a) DEFINITION OF IDENTIFYING INFORMA- CRAIG (AND HATCH) AMENDMENT bus Crime Control and Safe Streets Act of TION RELATING TO A MINOR.—In this section, NO. 3238 1968 (42 U.S.C. 3760) is amended— the term ‘identifying information relating to a minor’ includes the name, address, tele- Mr. CRAIG (for himself and Mr. (1) in subsection (a), by striking paragraph (1) and inserting the following: phone number, social security number, or e- HATCH) proposed an amendment to the ‘‘(1) undertaking educational and training mail address of a minor. bill, S. 2260, supra; as follows: programs for— ‘‘(b) PROHIBITION AND PENALTIES.—Who- At the appropriate place insert the follow- ‘‘(A) criminal justice personnel; and ever, through the use of any facility in or af- ing: ‘‘(B) the general public, with respect to the fecting interstate or foreign commerce (in- SEC. . FIREARMS SAFETY. lawful and safe ownership, storage, carriage, cluding any interactive computer service) (a) SECURE GUN STORAGE DEVICE.—Section or use of firearms, including the provision of publishes, or causes to be published, any 921(a) of title 18, United States Code, is secure gun storage or safety devices;’’; identifying information relating to a minor amended by adding at the end the following: (2) in the first sentence of subsection (b), who has not attained the age of 17 years, for ‘‘(34) The term ‘secure gun storage or safe- by inserting before the period the following: the purpose of soliciting any person to en- ty device’ means— ‘‘and is authorized to make grants to, or gage in any sexual activity for which the ‘‘(A) a device that, when installed on a fire- enter into contracts with, those persons and person can be charged with criminal offense arm, is designed to prevent the firearm from entities to carry out the purposes specified under Federal or State law, shall be impris- being operated without first deactivating the in subsection (a)(1)(B) in accordance with oned not less than 1 and not more than 5 device; subsection (c)’’; and years, fined under this title, or both.’’. ‘‘(B) a device incorporated into the design (3) by adding at the end the following: (b) TECHNICAL AMENDMENT.—The analysis of the firearm that is designed to prevent the ‘‘(c)(1) In accordance with this subsection, for chapter 110 of title 18, United States operation of the firearm by anyone not hav- the Director may make a grant to, or enter Code, is amended by adding at the end the ing access to the device; or into a contract with, any person or entity re- following: ‘‘(C) a safe, gun safe, gun case, lock box, or ferred to in subsection (b) to provide for a ‘‘2261. Publication of identifying information other device that is designed to be or can be firearm safety program that, in a manner relating to a minor for criminal used to store a firearm and that is designed consistent with subsection (a)(1)(B), provides sexual purposes.’’. to be unlocked only by means of a key, a for general public training and dissemina- combination, or other similar means.’’. tion of information concerning firearm safe- (b) CERTIFICATION REQUIRED IN APPLICATION ty, secure gun storage, and the lawful owner- DURBIN AMENDMENT NO. 3240 FOR DEALER’S LICENSE.—Section 923(d)(1) of ship, carriage, or use of firearms, including Mr. DURBIN proposed an amendment title 18, United States Code, is amended— the provision of secure gun storage or safety to the bill, S. 2260, supra; as follows: (1) in subparagraph (E), by striking ‘‘and’’ devices. at the end; ‘‘(2) Funds made available under a grant At the appropriate place in title I of the (2) in subparagraph (F), by striking the pe- under paragraph (1) may not be used (either bill, insert the following: riod at the end and inserting ‘‘; and’’; and directly or by supplanting non-Federal SEC. ll. FIREARMS. (3) by adding at the end the following: funds) for advocating or promoting gun con- Section 922 of title 18, United States Code, ‘‘(G) in the case of an application to be li- trol, including making communications that is amended— censed as a dealer, the applicant certifies are intended to directly or indirectly affect (1) in subsection (d), by striking paragraph that secure gun storage or safety devices will the passage of Federal, State, or local legis- (5) and inserting the following: July 21, 1998 CONGRESSIONAL RECORD — SENATE S8683

‘‘(5) who, being an alien— section (g)(5)(B), otherwise be prohibited ‘‘(1) IN GENERAL.— ‘‘(A) is illegally or unlawfully in the from such acquisition under subsection (g). ‘‘(A) RIGHT OF ASSISTANCE.—Each witness United States; or ‘‘(C) APPROVAL OF PETITION.—The Attorney subpoenaed to appear and testify before a ‘‘(B) except as provided in subsection General shall approve a petition submitted grand jury in a district court, or to produce (y)(2), has been admitted to the United in accordance with this paragraph, if the At- books, papers, documents, or other objects States under a nonimmigrant visa (as that torney General determines that waiving the before that grand jury, shall be allowed the term is defined in section 101(a)(26) of the requirements of subsection (g)(5)(B) with re- assistance of counsel during such time as the Immigration and Nationality Act (8 U.S.C. spect to the petitioner— witness is questioned in the grand jury 1101(a)(26)));’’; ‘‘(i) would be in the interests of justice; room.’’ (2) in subsection (g), by striking paragraph and (5) and inserting the following: ‘‘(ii) would not jeopardize the public safe- GRAHAM (AND DEWINE) ‘‘(5) who, being an alien— ty.’’. ‘‘(A) is illegally or unlawfully in the AMENDMENT NO. 3244 United States; or ABRAHAM (AND LEVIN) Mr. GRAHAM (for himself and Mr. ‘‘(B) except as provided in subsection AMENDMENT NO. 3241 DEWINE) proposed an amendment to (y)(2), has been admitted to the United the bill, S. 2260, supra; as follows: States under a nonimmigrant visa (as that (Ordered to lie on the table.) term is defined in section 101(a)(26) of the Mr. ABRAHAM (for himself and Mr. At the appropriate place in title II, insert the following: Immigration and Nationality Act (8 U.S.C. LEVIN) submitted an amendment in- ll 1101(a)(26)));’’; tended to be proposed by them to the SEC. 2. . PUBLIC AIRCRAFT. (3) in subsection (s)(3)(B), by striking bill, S. 2260, supra; as follows: The flush sentence following subparagraph clause (v) and inserting the following: (B)(ii) of section 40102(37) of title 49, United ‘‘(v) is not an alien who— At the appropriate place in title II, insert States Code, is amended by striking ‘‘if the ‘‘(I) is illegally or unlawfully in the United the following: unit of government on whose behalf the oper- States; or SEC. 2ll. SEDIMENT CONTROL STUDY. ation is conducted certifies to the Adminis- ‘‘(II) subject to subsection (y)(2), has been Of the amounts made available under this trator of the Federal Aviation Administra- admitted to the United States under a non- Act to the National Oceanic and Atmos- tion that the operation was necessary to re- immigrant visa (as that term is defined in pheric Administration for operations, re- spond to a significant and imminent threat section 101(a)(26) of the Immigration and Na- search, and facilities that are used for ocean to life or property (including natural re- tionality Act (8 U.S.C. 1101(a)(26)));’’; and and Great Lakes programs, $50,000 shall be sources) and that no service by a private op- (4) by inserting after subsection (x) the fol- used for a study of sediment control at erator was reasonably available to meet the lowing: Grand Marais, Michigan. threat’’ and inserting ‘‘if the operation is ‘‘(y) PROVISIONS RELATING TO ALIENS AD- conducted for law enforcement, search and MITTED UNDER NONIMMIGRANT VISAS.— ABRAHAM (AND ALLARD) rescue, or responding to an imminent threat to property or natural resources’’. ‘‘(1) DEFINITIONS.—In this subsection— AMENDMENT NO. 3242 ‘‘(A) the term ‘alien’ has the same meaning f as in section 101(a)(3) of the Immigration and (Ordered to lie on the table.) Nationality Act (8 U.S.C. 1101(a)(3)); and Mr. ABRAHAM (for himself and Mr. NOTICES OF HEARINGS ALLARD) submitted an amendment in- ‘‘(B) the term ‘nonimmigrant visa’ has the COMMITTEE ON LABOR AND HUMAN RESOURCES same meaning as in section 101(a)(26) of the tended to be proposed by them to the Immigration and Nationality Act (8 U.S.C. bill, S. 2260, supra; as follows: Mr. JEFFORDS. Mr. President, I would like to announce for information 1101(a)(26)). At the appropriate place, insert the follow- ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), ing: of the Senate and the public that a (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to In lieu of the pending amendment, insert hearing of the Senate Committee on any alien who has been lawfully admitted to the following: Labor and Human Resources will be the United States under a nonimmigrant SECTION . SHORT TITLE. held on Thursday, July 23, 1998, 10:00 visa, if that alien is— This Act may be cited as the ‘‘Powder Co- a.m., in SD–430 of the Senate Dirksen ‘‘(A) admitted to the United States for law- caine Mandatory Minimum Sentencing Act Building. The subject of the hearing is ful hunting or sporting purposes; of 1998’’. ‘‘(B) an official representative of a foreign Presidential Nominees Ida Castro and government who is— SEC. . SENTENCING FOR VIOLATIONS INVOLV- Paul Igasaki to be Members of the ‘‘(i) accredited to the United States Gov- ING COCAINE POWDER. Equal Employment Opportunity Com- ernment or the Government’s mission to an (a) AMENDMENT OF CONTROLLED SUB- mission. For further information, international organization having its head- STANCES ACT.— please call the committee, 202/224–5375. (1) LARGE QUANTITIES.—Section quarters in the United States; or SUBCOMMITTEE ON WATER AND POWER ‘‘(ii) en route to or from another country 401(b)(1)(A)(ii) of the Controlled Substances to which that alien is accredited; Act (21 U.S.C. 841(b)(1)(A)(ii)) is amended by Mr. KYL. Mr. President, I would like ‘‘(C) an official of a foreign government or striking ‘‘5 kilograms’’ and inserting ‘‘500 to announce for the public that a field a distinguished foreign visitor who has been grams’’. hearing has been scheduled before the so designated by the Department of State; or (2) SMALL QUANTITIES.—Section Subcommittee on Water and Power of ‘‘(D) a foreign law enforcement officer of a 401(b)(1)(B)(ii) of the Controlled Substances the Committee on Energy and Natural friendly foreign government entering the Act (21 U.S.C. 841(b)(1)(B)(ii)) is amended by striking ‘‘500 grams’’ and inserting ‘‘50 Resources. United States on official law enforcement The hearing will take place on Tues- business. grams’’. (b) AMENDMENT OF SENTENCING GUIDE- day, August 4 at 9:30 a.m. at the Pen- ‘‘(3) WAIVER.— LINES.—Pursuant to section 994 of title 28, ‘‘(A) CONDITIONS FOR WAIVER.—Any individ- dleton Convention Center located at ual who has been admitted to the United United States Code, the United States Sen- 1601 Westgate, Pendleton, OR 97801. States under a nonimmigrant visa may re- tencing Commission shall promulgate guide- The purpose of the hearing is to re- ceive a waiver from the requirements of sub- lines or amend existing guidelines to reflect ceive testimony on S. 2111, to establish section (g)(5), if— the amendment made by subsection (a). the conditions under which the Bonne- ‘‘(i) the individual submits to the Attorney ville Power Administration and certain General a petition that meets the require- BUMPERS AMENDMENT NO. 3243 Federal agencies may enter into a ments of subparagraph (C); and Mr. BUMPERS proposed an amend- memorandum of agreement concerning ‘‘(ii) the Attorney General approves the pe- tition. ment to the bill, S. 2260, supra; follows: management of the Columbia/Snake ‘‘(B) PETITION.—Each petition under sub- At the appropriate place in title II of the River Basin, to direct the Secretary of paragraph (B) shall— bill, insert the following: the Interior to appoint an advisory ‘‘(i) demonstrate that the petitioner has SEC. 2ll. GRAND JURY RIGHT TO COUNSEL. committee to make recommendations resided in the United States for a continuous (a) IN GENERAL.—Rule 6 of the Federal regarding activities under the memo- period of not less than 180 days before the Rules of Criminal Procedure is amended— randum of understanding, and for other date on which the petition is submitted (1) in subdivision (d), by inserting ‘‘and purposes. under this paragraph; and counsel for that witness (as provided in sub- Those who wish to submit written ‘‘(ii) include a written statement from the division (h))’’ after ‘‘under examination’’; embassy or consulate of the petitioner, au- and statements should write to the Com- thorizing the petitioner to acquire a firearm (2) by adding at the end the following: mittee on Energy and Natural Re- or ammunition and certifying that the alien ‘‘(h) COUNSEL FOR GRAND JURY WIT- sources. U.S. Senate, Washington, D.C. would not, absent the application of sub- NESSES.— 20510. For further information, please S8684 CONGRESSIONAL RECORD — SENATE July 21, 1998 contact Ms. Julia McCaul or Mr. How- mission for a term expiring April 30, 200 attendees refused to endorse such ard Useem at 202–224–7875. 2001, vice Joan D. Aikens, term expired; an outrageous notion. Today, it is dif- f and, ficult to imagine a democratic society Karl L. Sandstrom, of Washington, to that would not permit women to hold AUTHORITY FOR COMMITTEES TO be a member of the Federal Election elective office, sign legal documents or MEET Commission for a term expiring April attend the church of their choice, COMMITTEE ON ARMED SERVICES 30, 2001, vice John Warren McGarry, much less exercise the basic right to Mr. HELMS. Mr. President, I ask term expired. vote. unanimous consent that the Commit- The PRESIDING OFFICER. Without Elizabeth Cady Stanton, Lucretia tee on Armed Services be authorized to objection, it is so ordered. Mott, and the other founders of the meet on Tuesday, July 21, 1998, at 5:30 f women’s rights movement epitomized p.m. in closed session, to consider cer- the strength of the American woman tain pending nominations. ADDITIONAL STATEMENTS and exhibited the courage necessary to The PRESIDING OFFICER. Without put an end to a great injustice. They objection, it is so ordered. 150TH ANNIVERSARY OF THE understood the road before them would COMMITTEE ON BANKING, HOUSING, AND URBAN SENECA FALLS CONVENTION be long and hard. Little did they know, AFFAIRS however, that it would be more than 70 Mr. HELMS. Mr. President, I ask ∑ Mrs. HUTCHISON. Mr. President, I years before women would be granted unanimous consent that the Commit- rise to recognize and remember the im- suffrage in the United States. Today tee on Banking, Housing, and Urban portance of the previous two days in the movement is symbolized by the un- Affairs be authorized to meet during American history. July nineteenth and finished marble carving of the Suffrage the session of the Senate on Tuesday, twentieth, 1998, mark the one hundred advocates now displayed in the Capitol July 21, 1998, to conduct a hearing on and fiftieth anniversary of the Seneca Rotunda. the monetary policy report to Congress Falls Convention in Seneca Falls, New The calling of the Seneca Falls Con- pursuant to the Full Employment and York. This gathering of American vention and the passion of those in- Balanced Growth Act of 1978. women and men began a movement in volved forever changed the course of The PRESIDING OFFICER. Without our nation that changed the role of American history. All Americans objection, it is so ordered. women in this country and, ultimately, should honor the efforts of these in- COMMITTEE ON COMMERCE, SCIENCE, AND around the world. Because of the con- trepid women and learn from their TRANSPORTATION vention’s tremendous impact on the commitment to a cause in which they Mr. HELMS. Mr. President, I ask American way of life, I joined Senator so deeply believed. Without the for- unanimous consent that the Senate TORRICELLI and several other Senate titude shown throughout this arduous Committee on Commerce, Science, and colleagues in recently introducing a struggle for equality, I could not be Transportation be authorized to meet Senate resolution honoring the wom- standing before you on the Senate floor on Tuesday, July 21, 1998, at 9:30 a.m. en’s rights movement and saluting today.∑ on discretionary spending at the De- those who made it all happen. Today I f partment of Transportation and De- speak in honor of this occasion. partment of Commerce. Women’s struggle for equality had NATIONAL YOUTH CRIME PREVEN- The PRESIDING OFFICER. Without very humble beginnings. Elizabeth TION DEMONSTRATION ACT objection, it is so ordered. Cady Stanton, a housewife and mother ∑ Mr. LIEBERMAN. Mr. President, I COMMITTEE ON FINANCE of three sons, and Lucretia Mott, a am proud to join Senator COATS in in- Mr. HELMS. Mr. President, I ask Quaker teacher and staunch abolition- troducing this important bill. We have unanimous consent that the Commit- ist, were ejected from the 1840 World become accustomed in the past couple tee on Finance be permitted to meet Anti-Slavery Convention in London of years to hearing a great deal of posi- Tuesday, July 21, 1998 beginning at simply because they were women. Out- tive news about crime trends in this 10:30 a.m. in room SH–215, to conduct a raged at such an injustice, they were country. Thanks to many factors, in- markup. compelled to call attention to the cluding a number of innovative crime- The PRESIDING OFFICER. Without many freedoms denied to women, in- fighting strategies and the return of objection, it is so ordered. cluding the right to vote or hold elec- community policing, most of our cities COMMITTEE ON LABOR AND HUMAN RESOURCES tive office, the right to own property if are experiencing a decrease in violent Mr. HELMS. Mr. President, I ask married, the right to obtain a profes- crime. But the news on the crime front unanimous consent that the Commit- sional education and the basic right to is far from all good. Indeed, as my col- tee on Labor and Human Resources be protect oneself from an abusive spouse. league from Indiana already has noted, authorized to meet for a hearing on S. Mrs. Stanton and Miss Mott, along there still is far too much violence— 766, Insurance Coverage of Contracep- with Jane Hunt, Martha Coffin Wright and desensitization to violence—among tives during the session of the Senate and Mary Ann McClintock, called for a our nation’s youth. And, if what de- on Tuesday, July 21, 1998, at 10:00 a.m. public convention to discuss the social, mographers tell us about the future is The PRESIDING OFFICER. Without civil and religious rights of women. correct, we all should begin now to objection, it is so ordered. The first meeting of the women’s brace ourselves for what is to come as COMMITTEE ON RULES AND ADMINISTRATION rights movement convened at the Wes- this group grows in both size and age. Mr. HELMS. Mr. President, I ask leyan Methodist Chapel in Seneca We can attribute much of the prob- unanimous consent that the Commit- Falls, New York. Over 300 men and lem of youth crime to the environ- tee on Rules and Administration be au- women attended the two day con- ment—both local and national—in thorized to meet during the session of ference, including Susan B. Anthony which many of our children are now the Senate on Tuesday, July 21, 1998, at and Frederick Douglass. being reared. For too many children, 9:00 a.m., to hold a hearing on the The highlight of the convention was the things on which previous genera- nominations of: the reading of the Declaration of Senti- tions relied to support and teach them Scott E. Thomas, of the District of ments, a document composed on Mrs. simply no longer exist. From the fam- Columbia, to be a member of the Fed- McClintock’s kitchen table. The state- ily unit to the local neighborhood to eral Election Commission for a term ment was based on the words of our the surrounding community, many expiring April 30, 2003 (reappointment); Declaration of Independence, applying children have no where to turn for the David M. Mason, of Virginia, to be a its self-evident truths to both males support structure necessary to help member of the Federal Election Com- and females and declaring all men and bring them into adulthood with proper mission for a term expiring April 30, women equal. The document even values, commitment to society and, 2003, vice Trevor Alexander McClurg called for a woman’s right to vote, a most importantly of all, hope for the Potter, resigned; revolutionary idea at the time. In fact, future. Without that support, they too Darryl R. Wold, of California, to be a while 68 women and 32 men signed the often accept a falsely appealing invita- member of the Federal Election Com- Declaration of Sentiments, more than tion to break their bonds with society July 21, 1998 CONGRESSIONAL RECORD — SENATE S8685 and enter a childhood of crime. If we THE U.S.S. ‘‘CONSTITUTION’’ A NEW APPROACH FOR SOUTH are to combat all of this, if we are to ASIA stop youth crime, we must come up ∑ Mr. KERRY. Mr. President, I would like to take this opportunity to pay ∑ Mr. MOYNIHAN. Mr. President. With with a way to revitalize traditional the recent nuclear tests in South Asia, support structures and to reconnect tribute to a pillar of American history, a symbol of the proud sacrifices that we are closer to nuclear war than we our nation’s youth to our nation’s com- have been at any time since the Cuban munities. forced the birth of a nation, and which makes its home in Massachusetts. I Missile Crisis. This is a challenge The bill Senator COATS and I are in- which will compel the highest atten- troducing today will, we hope, offer one speak of course of the vessel that car- ried into battle the hopes of the early tion and the most subtle diplomacy. It step in that direction. The National requires extensive discussion with republic for freedom and a lasting inde- Youth Crime Prevention Act would au- India and Pakistan. Deputy Secretary pendence, the ship that generation thorize $5 million for the National Cen- of State Strobe Talbott has begun such upon generation of schoolchildren have ter for Youth Enterprise to establish a dialogue. He is a gifted diplomat; come to know as ‘‘Old Ironsides’’—the demonstration projects in eight cities, however, I must emphasize that despite U.S.S. Constitution. including the city of Hartford in my the considerable talents of the Deputy home state of Connecticut. In these Two hundred and four years ago, six Secretary, this is an issue which re- projects, the National Center will build frigates were constructed for the quires the President’s close involve- on success it already has had in doing United States Navy. One ship remains ment. precisely what I just described: work- to this day to symbolize the strength Congress must also be involved in ad- ing on a grassroots basis within com- and endurance that lies at the heart of dressing the issues which arise from munities to help heal those commu- this country’s experiment in demo- the nuclear tests in South Asia. Legis- nities, and with them, their children. cratic ideals. The U.S.S. Constitution— lation is required to lift the sanctions Mr. President, I am hopeful that with docked in historic Charlestown Navy which these actions triggered. As such, the funding provided by this bill, the Yard in Boston—is a living monument I was pleased that my friend from Dela- National Center’s demonstration to our proud history and to the values ware, the ranking member of the For- projects can create model programs which endure in this country. eign Relations Committee, has set out that can be replicated across the na- a very sensible approach to South Asia. tion in our war against youth crime. I Like the Constitution written in In a recent speech to the Carnegie En- urge my colleagues to support this Philadelphia that unified so many dowment for International Peace, Sen- bill.∑ voices bound by a common spirit, this ator BIDEN challenges us to think anew f frigate itself carries in its mighty structure materials from all the origi- about South Asia and calls on Congress RECOGNITION OF OZANAM IN nal states of the union. Built by Colo- to provide the President with the flexi- KANSAS CITY, MISSOURI nel George Claghorn at Edmond Hartt’s bility to negotiate in South Asia. This ∑ Mr. BOND. Mr. President, I rise shipyard in Boston’s North End, its must entail providing him with broad today to recognize Ozanam in Kansas hull of live oak, red cedar, white oak authority to waive the present sanc- City, Missouri for its service to the and pitch pine come from as far north tions. community. For fifty years, Ozanam as the deep woods of Maine and as far Most importantly, Senator BIDEN has been helping children and families south as the forests of South Carolina calls on the President to make ‘‘ar- in turmoil. Ozanam facility and staff and Georgia. The masts come from rangements to go to India.’’ This is paramount and I hope that the Presi- help children reach their full potential Maine. South Carolina pine gave the dent will note this wise counsel. The and become productive members of so- Constitution its decks, and canvas from actions which we take to address this ciety. Rhode Island formed the sails that volatile situation will have profound Ozanam began in the home of Mr. Al pushed it on its historic journey. New repercussion on the future of the sub- Allen, a Catholic Welfare Staff mem- Jersey contributed its keel and cannon continent and the world. Such stakes ber, who after noticing the lack of help balls, and the gun carriages and an- require the President’s active partici- for emotionally disturbed adolescents, chors came from Massachusetts pation. We must talk with them as a took it upon himself to bring six boys tradespeople. We must never forget matter not just of their survival, but of into his own home to give them long- that it was Boston’s Paul Revere, our own as well. And we must stop sup- term care, education and guidance. among the strongest voices in the cho- posing that sanctions are the answer. However, in just a year’s short time, rus of revolution, who provided the the need for a larger facility became They are not. spikes and copper sheathing that for- Mr. President, I commend the re- apparent. Presently, the agency occu- tified the ship in battle. The U.S.S. pies 95 acres including two dormitories, marks of our colleague, Senator BIDEN, Constitution belongs to all of us, from and ask that they be printed in the a campus group home, a special edu- every state—and it belongs to every cation center that contains vocational RECORD. one around the world who believes in The remarks follow: training classrooms, indoor and out- freedom. door recreation facilities and a spir- A NEW APPROACH FOR SOUTH ASIA itual life center. Although this mighty ship was offi- (By Joseph R. Biden, Jr.) During its existence, Ozanam has had cially retired from naval duty in 1881, Two months ago, in the Rajasthan desert, some outstanding staff and administra- it continues to remind us of the work the Government of India claimed to have ex- tion to help the more than 4,000 chil- ahead of us in making the world safe ploded five nuclear devices. Just 15 days dren who have stayed there. Paul for those who dare to dream, who dare later, the Government of Pakistan followed Gemeinhardt, President, Judith Hart, to give voice to new ideas. The U.S.S. suit. Senior Vice President of Development Constitution is launched into a new bat- These events, in a few short weeks, ex- panded the acknowledged nuclear club by and Doug Zimmerman, Senior Vice tle each time it reminds us of the full measure of sacrifice that our love of forty percent. They confront the United President of Agency Operations, de- States, as well as the rest of the inter- serve special recognition for their un- freedom demand for its protection. For national community, with a monumental dying commitment and service to hundreds of thousands of visitors each challenge, calling into question decades of Ozanam. year, the U.S.S. Constitution is an inspi- U.S. non-proliferation policy. I commend the staff of Ozanam for ration—reminding us not just of where Addressing this challenge—devising a new their untiring dedication to helping America has been, but where America approach toward South Asia—is the subject children and their families in their is going. With its sails filled with the of my remarks today. I thank you for the time of need. I join the many in Mis- winds of freedom, I know the Constitu- kind invitation. We can expect the policy community to souri who thank Ozanam for its good tion will take us all on endless journeys dramatically increase the time and atten- work and continuing efforts to better towards a new horizon, with our only tion it devotes to South Asia in the coming the community. Congratulations for boundaries lying in the limits of man- months, but you at the Carnegie Endowment fifty years of service.∑ kind’s hopes for a better world. can credibly claim that you were focusing on S8686 CONGRESSIONAL RECORD — SENATE July 21, 1998 nuclear tensions long before it was even re- subcontinent back in 1947. In Pakistan, India, Israel, and Pakistan on the one hand, motely fashionable. If only more had lis- therefore, nuclear capability is seen as the and nations that flout international norms tened. ultimate guarantor of its statehood. such as Iraq and Libya on the other. The Clearly the tests by India and Pakistan re- It should come as no surprise, then, that former should not concern us as much as the quire us to reexamine many aspects of our Pakistan felt it needed to test to reestablish latter. foreign and national security policy. We need the deterrence that was disrupted by India’s We are better served by bringing India and to jettison some long-held beliefs that have tests. Pakistan into non-proliferation arrange- acted as self-imposed constraints on U.S. The end of the Cold War also made Paki- ments than by simply expecting them to policy. stan feel abandoned and isolated. The United foreswear their nuclear programs. In prac- Traditional approaches have not worked in States no longer needed Pakistan to contain tical terms, this means that Congress should the past in South Asia and will not work in Soviet power. The Pressler amendment, in- provide the President with the flexibility to the present situation. We need to think voked in 1990, banned aid to Pakistan and led negotiate a package that would lift sanc- ‘‘outside the box.’’ Most of all, our national directly to the erosion of Pakistan’s conven- tions in exchange for restraint by India and interests throughout Asia dictate that we tional arsenal. This was seen as a betrayal, Pakistan in the areas that matter most to end our benign neglect of South Asia. Let me and has limited our influence with Pakistan us. outline the shortcomings of our policy: ever since. We should seek agreement on five items: First, we have not acknowledged or ad- Unfortunately, we failed to acknowledge or Formal commitments, preferably through dressed the fundamental sense of insecurity act upon these fundamental shifts affecting adherence to the Comprehensive Test Ban felt by both India and Pakistan since the end Pakistan, just as we ignored the changes in Treaty, to refrain from further nuclear test- of the Cold War. India’s security perceptions. ing; pledges to enter negotiations for a It is both facile and misleading to blame The second shortcoming of our South Asia Fissile Material Cut-off Treaty; Assurances India’s decision to test solely on the election policy is that its two chief elements—com- that both countries will continue to refrain of the BJP government. While the BJP cer- merce and sanctions—are contradictory. We from spreading nuclear and missile tech- tainly had a domestic political imperative to use sanctions to punish proliferation at the nology; verifiable commitments not to de- test, there was already a consensus across same time we are promoting commercial ties ploy nuclear weapons on missiles, sub- the political spectrum in India (except for to take advantage of long-overdue market marines, or aircraft; and a resumption of the Communists) that India needed to con- openings in both countries. comprehensive bilateral discussions between duct tests. This policy is half right. The expansion of India and Pakistan aimed at reducing ten- Why? Because of India’s underlying percep- trade and investment ties with India and sions. tion in the aftermath of the Cold War that it Pakistan will help these countries realize Such a package would serve our twin ob- was isolated, vulnerable, and not taken seri- their full potential as well as benefit our own jectives of repairing the damage to the glob- ously. economic interests. al non-proliferation regime, while not indefi- For much of the Cold War, but especially But the application of a one-size-fits-all nitely isolating one-fifth of humanity. after the 1971 Indo-Pakistan war, a measure non-proliferation policy is not appropriate to Second, we need to distinguish between the of stability prevailed with China and the the special circumstances in South Asia. It relative importance of India and Pakistan to United States as key supporters of Pakistan, lumps India and Pakistan with the far more our interests over the long-term. Pakistan and the Soviet Union as the chief ally of dangerous outlaw states such as Libya and has been a good friend in the past, and we India. This set of power relationships, com- Iraq. It ignores the great lengths both coun- should not forget that. Moreover, a policy bined with the threat of U.S. sanctions, re- tries have been prepared to go in order to that dismisses Pakistan’s legitimate secu- strained India and Pakistan from either test- achieve a basic sense of security. It presumes rity needs is bound to fail. ing or deploying nuclear weapons. our influence is much greater than it actu- In fact, I believe that when we eventually With the end of the Cold War and the de- ally is. Finally, it has prevented us from de- ease the recently-imposed sanctions on India mise of the Soviet Union, India could no veloping creative approaches to stabilize nu- and Pakistan, we should simultaneously longer rely on Moscow to balance China. In clear and missile development in the region. waive the Pressler and Symington amend- addition, India perceives us—falsely, I be- Legislation initiated by the Congress, and ments, which restrict military and economic lieve—as cultivating China as the regional signed by successive Presidents, is the basis aid to Pakistan. The time has come to clear hegemon that will preserve Asian stability. for this rigid approach. I voted for that legis- the decks in our relationship with Pakistan The perceived U.S. preoccupation with lation. But when viewed in the context of and end a policy which is perceived as dis- China generates deep concern in New Delhi. Pakistan’s and India’s decision to test, I criminatory by Islamabad. Remember: China defeated India in the 1962 have to conclude that while our approach Nor should we overlook the important war and occupied several thousand square worked for many years, it is no longer work- strategic role Pakistan could play as a se- kilometers of disputed territory, a humilia- ing. It didn’t stop them from testing, and it cure transit route for the vast oil and gas re- tion from which India has yet to recover. provides no incentive for India and Pakistan serves of the Caspian Basin, if, and this is a And a decade ago Indian and China massed to take positive steps now. big if, peace can be secured in Afghanistan. several hundred thousand troops along their To be sure, sanctions, when carefully cali- But American national interests in the disputed border. brated, are a valuable policy tool. But I new multipolar world dictate a different India’s sense of strategic encirclement was think it is clear that multilateral sanctions level of relations with India. Because of its heightened by reports of Chinese missile and are more effective than unilateral sanctions. growing economic and political weight, India nuclear transfers to Pakistan and budding For example, the recent decision by the will become a significant player in Asia and Chinese military and security ties to Burma Group of Eight to delay indefinitely World at the global level. throughout the 1990s. Pakistan’s test of a Bank loans for India and Pakistan is more Already India has a middle class approach- missile with a 1,000 kilometer range last likely to produce results than unilateral U.S. ing 200 million people. If Indian governments April appeared to fit this pattern even action. make policy decisions that continue to un- though U.S. officials pointed to North Korea Given these defects in our policy, I believe leash the latent potential of a talented popu- as the real source of the missile. we have no choice but to construct a new lation, then India will in time achieve the To put this in context, how would China conceptual framework. Here are our options. great power status to which it has long as- feel if the tables were turned? What if India First, we could maintain the status quo. pired. transferred its missiles to Vietnam, fighter That is, we retain sanctions on India and Furthermore, if current trends hold, I be- planes to Mongolia, or a nuclear bomb design Pakistan indefinitely, not recognize their lieve that it is only natural for some form of to Taiwan? nuclear status, and keep the fundamentals of rivalry to persist, if not intensify, between a In such an environment, India felt that it our Asia policy unchanged. That would growing India and China. Obviously, this was on its own and needed to demonstrate its ‘‘keep the faith’’ on non-proliferation, but would diminish security and threaten U.S. capabilities, change the strategic landscape, leave the underlying tensions in place and interests across Asia. in order to be taken more seriously by set the stage for the next, perhaps more dan- To prevent it, two things must be done. China, the United States, and other powers. gerous, crisis. First, the Sino-Indian rivalry must be chan- Pakistan’s motives for testing are far less A second approach that has been suggested neled into a healthy and constructive com- complicated than India’s, but no less serious. is bolder: why not enlist India as a potential petition. Second, as both India and China Its strategic aim has been to resist Indian strategic ally against a ‘‘China threat?’’ But achieve great power status, they will need to hegemony and guarantee its survival. Just this runs the risk of becoming a self-fulfill- ease the anxieties of lesser powers. as India’s drive for a nuclear device can be ing prophecy. China does not show signs of To deal with this emerging regional pic- traced to the defeat it suffered at the hands becoming hostile, nor are china’s interests ture we must move away from a focus on dis- of China in 1962 and China’s subsequent nu- necessarily in conflict with our own. China crete bilateral relationships in Asia, and clear test in 1964, Pakistan’s nuclear pro- prizes peace, stability, and economic devel- broaden our vision with a more integrated gram can be traced to the role India played opment above all else. region-wide approach that regards South in splitting Pakistan into two with the cre- I suggest a third approach. First, we should Asia as an integral part of Asia. ation of Bangladesh in 1971. abandon our one-size-fits-all non-prolifera- I propose a new framework that would give Many in Pakistan believe that India has tion policy that we have applied to South a ‘‘seat at the table’’ to all of the major never accepted the partition of the Indian Asia. We need to make distinctions between players in Asia—India, China, Japan, Russia, July 21, 1998 CONGRESSIONAL RECORD — SENATE S8687 and the United States. The emphasis should mittee on Finance and, further, if the will occur throughout the day and into not be so much on formal structures, but on bill has not been reported by July 30, it the evening on Wednesday. substance. The goal of this new framework be automatically discharged from the f would be to promote greater consultation Finance Committee and placed on the and transparency among the countries. calendar. ADJOURNMENT UNTIL 9:30 A.M. The two emerging powers in this group— TOMORROW India and China—should be encouraged to set The PRESIDING OFFICER. Without an example of cooperation for the rest of objection, it is so ordered. Mr. GREGG. If there is no further Asia. Such a system would also help them to f business to come before the Senate, I realize that along with great power status now ask unanimous consent that the comes responsibility. They must convince LEGISLATIVE BRANCH Senate stand in adjournment under the smaller nations of their peaceful intentions; APPROPRIATIONS ACT, 1999 previous order. they must act to strengthen, not weaken, international norms; and they must be seen Mr. GREGG. I ask unanimous con- Thereupon, the Senate, at 8:55 p.m., as supporting an international environment sent that the Senate insist on its adjourned until Wednesday, July 22, that promotes peace and prosperity for all. amendment to H.R. 4112, request a con- 1998, at 9:30 a.m. The ‘‘Gujral doctrine’’ demonstrates that ference with the House, and the Chair f India has the potential to mature into a re- be authorized to appoint conferees on sponsible great power. As espoused by the the part of the Senate. NOMINATIONS previous Indian Prime Minister, this doc- The PRESIDING OFFICER. Without Executive nominations received by trine called for India, as the dominant power in South Asia, to go more than halfway in objection, it is so ordered. the Senate July 21, 1998: easing the fears of its smaller neighbors. I The Presiding Officer appointed Mr. OCCUPATIONAL SAFETY AND HEALTH REVIEW hope that the new Indian government will BENNETT, Mr. STEVENS, Mr. CRAIG, Mr. COMMISSION not stray from this far-sighted policy adopt- COCHRAN, Mr. DORGAN, Mrs. BOXER, and Thomasina V. Rogers, of Maryland, to be a ed by its predecessor. Mr. BYRD conferees on the part of the Member of the Occupational Safety and The United States will need to take the Senate. Health Review Commission for a term expir- lead in setting this regional security mecha- f ing April 27, 2003, vice Velma Montoya, term nism into motion. It could begin today with expired. the President picking up the phone and ORDERS FOR WEDNESDAY, JULY CORPORATION FOR PUBLIC BROADCASTING speaking to the leaders of India, Russia, and 22, 1998 Japan about the insights he gained from his Ritajean Hartung Butterworth, of Wash- trip to China and making arrangements to Mr. GREGG. I ask unanimous con- ington, to be a Member of the Board of Di- go to India. sent that when the Senate completes rectors of the Corporation for Public Broad- Regular consultation among the key Asian casting for a term expiring January 31, 2004. its business today, it stand in adjourn- (Reappointment) countries could go a long way toward dispel- ment until 9:30 a.m. on Wednesday, ling anxieties and suspicions. It would give July 22. I further ask that when the IN THE ARMY everyone a stake in maintaining stability. It Senate reconvenes on Wednesday, im- The following Army National Guard of the would provide an incentive for regional pow- United States officer for appointment in the ers to work toward the settlement of long- mediately following the prayer, the Reserve of the Army to the grade indicated standing disputes such as those over the routine requests through the morning under title 10, U.S.C., section 12203: Sino-Indian border, the Kurile islands, the hour be granted and the Senate then To be brigadier general Korean peninsula, and the South China Sea. resume consideration of S. 2260, the COL. BRUCE W. PIERATT, 4901. Key countries could be encouraged to share Commerce-State-Justice appropria- information about their armaments and de- tions bill. DEPARTMENT OF DEFENSE fense budgets. If the other side does not have Bernard Daniel Rostker, of Virginia, to be information, it will assume the worst. This The PRESIDING OFFICER. Without objection, it is so ordered. Under Secretary of the Army, vice Robert M. inevitably leads to decisions and potentially Walker. dangerous cycles of action and reaction that f DEPARTMENT OF STATE are predicated upon assumptions that may be false. PROGRAM John Melvin Yates, of Washington, a Ca- Let me conclude. Devising a new approach reer Member of the Senior Foreign Service, Mr. GREGG. For the information of Class of Minister-Counselor, to serve concur- to South Asia will not be easy, especially all Senators, when the Senate recon- considering that it is being done in response rently and without additional compensation to actions we don’t approve of—namely, the venes on Wednesday, there will be po- as Ambassador Extraordinary and Pleni- Pakistan and Indian nuclear tests. But we tentially two back-to-back votes begin- potentiary of the United States of America have no choice, because the status quo is not ning at 9:40 a.m. In addition, I ask to the Republic of Equatorial Guinea. an option. unanimous consent that following the UNITED STATES INTERNATIONAL DEVELOPMENT We must show India and Pakistan that stacked votes, Senator SESSIONS be rec- COOPERATION AGENCY while we condemn their tests, we understand ognized to offer an amendment relative Robert C. Randolph, of Washington, to be their security concerns and are willing to to juvenile justice. an Assistant Administrator of the Agency deal with them. If we don’t devise a new ap- The PRESIDING OFFICER. Without for International Development, vice Mar- proach, tensions will grow and South Asia’s garet V. W. Carpenter, resigned. endemic security problems will undermine objection, it is so ordered. our long-term interests. And one thing is f EXECUTIVE OFFICE OF THE PRESIDENT clear: South Asian security is becoming in- Sylvia M. Mathews, of West Virginia, to be separable from Asian security. MEASURE PLACED ON THE Deputy Director of the Office of Management And, of course, Asia matters to the United CALENDAR—H.R. 1432 and Budget, vice Jacob Joseph Lew. States. Despite recent economic setbacks, Mr. GREGG. I understand there is a DEPARTMENT OF JUSTICE Asia will continue to be the most dynamic bill at the desk awaiting its second James A. Tassone, of Florida, to be United region into the next century. Our economic States Marshal for the Southern District of links will continue to grow. The regional reading. The PRESIDING OFFICER. The Florida for the term of four years, vice Dan- balance of power and security perceptions iel J. Horgan. will also undergo dramatic changes. I believe clerk will read the bill by title. Scott Richard Lassar, of Illinois, to be that we will need to find new mechanisms to The legislative clerk read as follows: United States Attorney for the Northern Dis- preserve our security interests. A bill (H.R. 1432) to authorize a new trade trict of Illinois for the term of four years An effort that begins today in enlisting the and investment policy for sub-Saharan Afri- vice James B. Burns, resigned. key Asian powers in advancing our common ca. objectives of peace, stability, and prosperity DEPARTMENT OF VETERANS AFFAIRS is one that could pay dividends far into the Mr. GREGG. I object to further con- Leigh A. Bradley, of Virginia, to be Gen- next century. Now is the time to begin.∑ sideration of the bill at this time. eral Counsel, Department of Veterans Af- f The PRESIDING OFFICER. The bill fairs, vice Mary Lou Keener, resigned. will be placed on the calendar. f UNANIMOUS CONSENT Mr. GREGG. The Senate will be in AGREEMENT—S. 442 session late tomorrow in an effort to WITHDRAWALS Mr. GREGG. I ask unanimous con- conclude the pending bill by the close Executive messages transmitted by sent that S. 442 be referred to the Com- of business tomorrow. Therefore, votes the President to the Senate on July 21, S8688 CONGRESSIONAL RECORD — SENATE July 21, 1998 1998, withdrawing from further Senate OCCUPATIONAL SAFETY AND HEALTH REVIEW DEPARTMENT OF DEFENSE COMMISSION consideration the following nomina- BERNARD DANIEL ROSTKER, OF VIRGINIA, TO BE AN tions: THOMASINA V. ROGERS, OF MARYLAND, TO BE A MEM- ASSISTANT SECRETARY OF DEFENSE, VICE FREDERICK BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- F. Y. PANG, RESIGNED, WHICH WAS SENT TO THE SENATE VIEW COMMISSION FOR THE REMAINDER OF THE TERM ON APRIL 2, 1998. EXPIRING APRIL 27, 2001, VICE DANIEL GUTTMAN, WHICH WAS SENT TO THE SENATE ON JUNE 24, 1998. July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1361 EXTENSIONS OF REMARKS

INTRODUCTION OF THE AGRI- Two important resources, iron ore and tim- TRIBUTE TO MAJOR GENERAL CULTURE EXPORT ENHANCE- ber, drew settlers to this region. The old days RONALD H. MARKARIAN FOR HIS MENT ACT OF 1998 of the boom in both mining and lumbering, DISTINGUISHED SERVICE TO THE however, are now merely part of the region's CALIFORNIA DEPARTMENT OF HON. THOMAS W. EWING lore. Lumbering on a massive scale ended VETERANS AFFAIRS OF ILLINOIS when virgin forest were cut, and the econo- IN THE HOUSE OF REPRESENTATIVES mies of steel production and shipping brought HON. GEORGE P. RADANOVICH Tuesday, July 21, 1998 an end to the early ambitious steel mills and OF CALIFORNIA mines. In these new days, lumbering is a IN THE HOUSE OF REPRESENTATIVES Mr. EWING. Mr. Speaker, today I am managed and planned enterprise, conducted pleased to introduce the Agriculture Export with an eye toward reforestation and preserva- Tuesday, July 21, 1998 Enhancement Act of 1998. Farm exports have tion of the environment, and new mining tech- Mr. RADANOVICH. Mr. Speaker, I rise soared over the past several years and foreign niques, which allow iron ore to be shipped as today to pay tribute to Major General Ronald exports present great opportunities for Amer- pellets, has allowed mining to find new life in Markarian for his distinguished service and ican farmers and ranchers. However, too the region. dedication to the California Veterans Board. many trade barriers prevent billions of people Marquette Township and the surrounding The California Veterans Board advises the from buying our products. Our trade nego- communities enjoyed for years the economic Governor, Legislature and Department of Vet- tiators need to focus their attention on elimi- benefits of K.I. Sawyer Air Force Base, one of erans Affairs on veterans issues. nating tariffs, subsidies, and other foreign reg- the airfields which served as a staging area Major General Ronald H. Markarian was ap- ulations that limit what we sell overseas. This for U.S. strategic bombers. The area was dev- pointed by Governor Pete Wilson to the Cali- legislation would establish these negotiating astated by the closing of this base, but the en- fornia Veterans Board in 1994. General objectives. terprising nature of the people of this region Markarian has served as state director of the This legislation identifies current foreign has permitted this base to find new life as a selective service system since 1987. Governor laws and regulations that limit U.S. farm ex- center for economic development. Wilson appointed Ron Markarian as Com- ports and requires the Executive Branch to It's clear, Mr. Speaker, that the people of manding General of the California State Mili- make their elimination a priority in upcoming Marquette Township can celebrate their ses- tary Reserve and promoted him to the rank of trade negotiations. It calls for a date-certain for quicentennial with confidence that those ele- Major General in July 1990. He retired as a the elimination of tariffs on farm exports and of ments of their social and economic lives which Colonel in the United States Air Force in 1980, subsidies that distort the international prices of have had value will be preserved and re- after serving 30 years. agricultural commodities and requires coun- newed. Major General Markarian flew 116 combat tries to reform the activities of state trading en- K.I. Sawyer Air Force Base was named for reconnaissance missions in the Vietnam War. terprises (STEs) that hamper agricultural ex- a former Marquette County Road Commission Several commendations were awarded, includ- ports. Superintendent, Mr. Kenneth Ingalls Sawyer, ing the Legion of Merit, Bronze Star and Meri- With 40% of American agriculture commod- who in 1917 performed a singular act in Mar- torious Service Medal. His assignments have ities and products being exported. The Amer- quette Township that has led to his being rec- included: air crew duties in B±47 and B±52 ican farmer is more reliant on international ognized in the Michigan Highways Hall of strategic bombers; strategic nuclear planning markets than any other sector of the U.S. Honor. Mr. Sawyer went out to a dangers with the Joint Strategic Planning Staff in Ne- economy. That is why it is so important that curve in the township, called ``Dead Man's braska; Strategic Reconnaissance Operations the U.S. layout specific agricultural trade ne- Curve,'' on part of what later became U.S. 41 at Headquarters, Pacific Command in Hawaii; gotiation objectives. and painted a strip in the center to help driv- Chief of Air Reconnaissance Operations at HQ f ers stay in their own lanes. Successful in Mar- USMACV in Southeast Asia; six years at the THE SESQUICENTENNIAL OF quette Township, the practice was adopted for Pentagon where he served as Chief of Air Re- MARQUETTE TOWNSHIP all Marquette County's roads in 1918, and connaissance Systems and Director of the In- eventually across the entire nation. telligence Reserve Forces. HON. BART STUPAK Marquette Township has a complicated his- Major General Markarian is a graduate of tory as a political entity, because as the region the Air Command Staff College, Air War Col- OF MICHIGAN has developed the township has grown and lege, National Defense University, Industrial IN THE HOUSE OF REPRESENTATIVES shrunk, seen its township lines shifted, and College of the Armed Forces, Defense Intel- Tuesday, July 21, 1998 has watched as the city of Marquette was ligence School, United Kingdom School of Mr. STUPAK. Mr. Speaker, Marquette carved from its holdings. Much of its history, Service Intelligence, the Federal Emergency Township in my northern Michigan district is therefore, now lies outside the current town- Management Institute and the Foreign Service celebrating its Sesquicentennial this year. Al- ship lines. Institute. He also holds a Masters Degree in though my House colleagues and most other But, Mr. Speaker, there is located in Mar- Public Administration from George Washington Americans may not recognize Marquette quette Township an old gold mine. I probably University in Washington, D.C. and a B.A. Township by name, this community on the shouldn't reveal its exact location, and it is from California State University, Fresno. shore of Lake Michigan has played an impor- currently not in use, but the mine is probably Major General Ronald H. Markarian has tant role in the development of the U.S. steel an excellent symbol of this rural community as been an active member in the Republican industry and in the improvement of highway it reflects on its 150-year history. The real Party and several military associations includ- traffic safety. treasury of the area is not the gold or the iron ing the Air Force Association, California State A theme of Marquette Township on the oc- ore or the timber that people have found Military Reserve Officers Association, Civil Air casion of its 150th anniversary might be its there. The treasures are the people, the fami- Patrol and the National Guard Association of blending of old and new, and this theme is re- lies, the quality of life, and the rich heritage California. He has served as the regional flected in the topography of the township itself. and tradition that is revealed when residents president and is a member of the National The iron-rich hills that rise to become small begin the process of researching their roots. Council of Trustees for the Association of the mountains on the southern Lake Michigan That is the real importance and value of U.S. Army and a past national president of the shore are made up of some of the oldest rock Marquette Township's Sesquicentennial. I ask National Sojourners. His local community in- formations on Earth, but they have been my colleagues to join me in praising the local volvement have included membership in the scoured and shaped by the great glaciers that organizers of this event for their efforts, and in American National Red Cross, the California covered North America only yesterday, geo- wishing the Marquette Township a future as Emergency Services Association and the logically speaking. rich and interesting as its past. Fresno County Chambers of Commerce.

∑ 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. E1362 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998 Major General Ronald H. Markarian's dedi- that the human spirit can triumph over life's 1998, and filed its report today (H. Rept. 105± cated service to his community, the State of most imposing obstacles. His legacy will for- 625, Part 2). California and the United States Air Force are ever live in the faces of the young boys and The revenue provisions approved by the an example of a life devoted to duty, honor girls who dream of becoming a professional Ways and Means Committee, would provide and country. He has been an important voice athlete or of achieving, in some other way, that: (1) retirement plans would not lose their for veterans and has provided profound insight their own special place in history. ``qualified'' Federal tax status by making the and guidance on important veteran issues. f corrections required by H.R. 3249, (2) partici- General Markarian's service and expertise has pants whose retirement accounts were ad- been very influential in providing sound advice PERSONAL EXPLANATION justed in accordance with H.R. 3249 would not to the Governor and Legislature of California. incur Federal income tax liability, and (3) Mr. Speaker, I wish to pay tribute to Major HON. MICHAEL BILIRAKIS amounts transferred in accordance with H.R. General Ronald H. Markarian for his service to OF FLORIDA 3249 would not be subject to employment the California Veterans Board and the Califor- IN THE HOUSE OF REPRESENTATIVES taxes. nia Department of Veterans Affairs. I ask my Tuesday, July 21, 1998 The Social Security provisions approved by colleagues to join me in wishing General the Committee would provide that: (1) retro- Markarian many more years of success. Mr. BILIRAKIS. Mr. Speaker, on July 20, active earnings would be credited and the So- f 1998, I requested and was granted a leave of cial Security Trust Funds would be made absence from the House of Representatives A TRIBUTE TO LARRY DOBY whole in situations where individuals change due to personal illness. Consequently, I to one of the retirement systems that provides missed the roll call vote on H. Con. Res. 301, Social Security coverage, (2) necessary con- HON. BOB FRANKS which reaffirms our longstanding commitment forming changes would be made to the cov- OF NEW JERSEY to Taiwan. Had I been present, I would have erage provisions of the Social Security Act, IN THE HOUSE OF REPRESENTATIVES voted in favor of H. Con. Res. 301. and (3) the Commissioner of Social Security Tuesday, July 21, 1998 Taiwan has been one of our oldest and would have the authority to receive necessary Mr. FRANKS of New Jersey. Mr. Speaker, I closest friends in Asia since 1949. The people information from agencies, notify the Secretary rise today to pay tribute to a real American of Taiwan live in a free, democratic society. of the Treasury to transfer taxes paid as a re- hero. In 1947, Larry Doby became the first I was extremely disappointed by President sult of elections under H.R. 3249 to the Social black man to play in the American League, Clinton's recent endorsement of mainland Chi- Security Trust Funds, and to correct earnings and the second African-American to cross the na's views on Taiwan. Before the President records. color barrier in professional baseball. For left for China, the House unanimously passed To allow the misclassified Federal employ- young people today, it's probably hard to H. Con. 270, urging him to seek a public re- ees to receive their much deserved retirement imagine a time when the color of your skin nunciation by the People's Republic of China benefits, I support the prompt approval of H.R. could keep you from fulfilling your dream of of any use of force, or threat of use of force, 3249. playing professional baseball. But for Larry against Taiwan. f Doby, pursuing that dream in Jim Crow Amer- In light of the President's actions, Congress TRIBUTE TO JIM AND KRISTIE ica meant breaking down age-old barriers and must send a strong message to the People's DOCHEFF changing the face of baseball. Republic of China and the world that we in- A native of Paterson, New Jersey, Larry tend to stand by our friends and allies. The Doby began his baseball career in 1942 with United States must dispel any notion on the HON. BOB SCHAFFER the Negro American League's Newark Eagles. part of China's leaders that we will tolerate the OF COLORADO When World War II broke out, Doby joined the use of force in determining the future of Tai- IN THE HOUSE OF REPRESENTATIVES wan. The people of Taiwan must be respon- armed forces and fought for this country. He Tuesday, July 21, 1998 returned in 1946 to lead the Newark Eagles to sible for determining their own future in a the Negro World Championship. In 1947, one peaceful and democratic fashion. Mr. BOB SCHAFFER of Colorado. Mr. year later, he became the second African- H. Con. Res. 301 reaffirms the importance Speaker, I rise today to congratulate two of American to cross the color barrier in profes- of the Taiwan Relations Act and reaffirms our my constituents, Jim and Kristie Docheff, for sional baseball when he signed with the commitment to the people of Taiwan. their environmental stewardship. Jim and Cleveland Indians. f Kristie, along with their children, Chisum, Larry Doby's first lonely steps into the Joshua and Meghann own and operate the Di- FEDERAL RETIREMENT COVERAGE Cleveland Indian locker room required a cour- amond D Dairy in Weld County, Colorado. The CORRECTIONS ACT age and bravery beyond what most of us will Docheff's turn their cattle's manure into valu- able, organic compost which they sell to gar- encounter in a lifetime. Doby stood fast and SPEECH OF determined amidst the cold and quiet stares, deners and vegetable growers across Colo- the spitting fans and the bigoted ball players HON. BILL ARCHER rado. They discovered this innovative waste who spiked him with their cleats. It was the OF TEXAS management strategy quite by accident when ``Strength from God'' that helped him stand tall IN THE HOUSE OF REPRESENTATIVES they were unable to have their manure hauled away for fertilizer as they would normally do. and show the world what a great baseball tal- Monday, July 20, 1998 ent he really was. Piled up during a wet spring, ammonia and Eventually, the world could no longer ignore Mr. ARCHER. Mr. Speaker, I rise in support bacteria diligently heated and transformed the the rare athleticism and strength of character of H.R. 3249, the ``Federal Retirement Cov- accumulated manure. The heat sterilizes that Doby possessed. In 1948, fans and ball erage Corrections Act''. H.R. 3249 seeks to pathogens and kills plant seeds to eventually players alike celebrated Doby's World Series- correct errors in the retirement plan classifica- produce a fine, dry compost with the consist- clinching home run with an outpouring of gen- tions of thousands of Federal workers. Without ency and smell of rich earth. uine affection, praise, and respect. ``It had to H.R. 3249, these unfortunately misclassified Rather than paying thousands of dollars an- be done from the inside,'' Doby remembered. Federal employees may lose their retirement nually to have farmers remove the waste to ``It had to be done without thinking about the benefits through no fault of their own. I sup- spread on their fields, the Docheff's now color of a person's skin.'' port prompt passage of H.R. 3249. spread the waste into long windows, which Over the course of his career, Larry Doby Since H.R. 3249 involves issues related to they periodically turn with a newly purchased hit 253 home runs and 969 RBI's, amassing a the retirement benefits of Federal employees, tractor and compost turner. Depending upon career batting average of .283. He was a it was initially considered by my colleagues on the season, the process takes between six seven-time All-Star outfielder, who was also the Committee on Government Reform and weeks and four months. the first nonwhite person to play in a World Oversight. That Committee approved the bill During recent months controversy has sur- Series, hit a home run in a World Series, and with strong bipartisan support. rounded animal feeding operations. The EPA win a league home run title. For this and for The Committee on Ways and Means, con- has stringent regulatory guidelines for certain his heroism, Larry Doby won his place in the sidered H.R. 3249 because it raised issues re- concentrated animal feeding operations, Or Professional Baseball Hall of Fame. lating to taxation and social security. The (CAFOs). Environmental groups are leading Mr. Speaker, Larry Doby's accomplishments Ways and Means Committee also approved the charge for more federal involvement and are an inspiration to us all. He gave us faith H.R. 3249 with bipartisan support on March 5, tougher regulations on agriculture run-off. But, July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1363 as the Docheff's have demonstrated, a little The American Security Council, under John Mr. Speaker, I wish to pay tribute to George initiative can do more than a lot of regulation. Fisher's guidance, led the fight against the nu- Maness for his dedicated service to the Cali- Their innovation, ingenuity and hard work clear freeze, for INF deployment and the fornia Veterans Board and the California De- has turned what many perceive as an environ- Reagan Doctrine, which put American arms partment of Veterans Affairs. I ask my col- mental problem into a valuable product and a and money behind a worldwide anti-com- leagues to join me in wishing George Maness thriving new business. Mr. Speaker, I applaud munist guerrilla campaign on three continents. many more years of success. Jim and Kristie Docheff for their efforts and I The combination of INF, SDI, the Reagan f am happy to say that many other dairies and Doctrine, and the defense build-up made it producers are following their good example. I clear to the Marxist/Leninists that they were THE 75TH ANNIVERSARY OF commend the efforts of National Hog Farms, facing a future they could only lose. KINGSFORD, MICHIGAN Longmont Foods, and Morning Fresh Farms, The 1970's have been called the Decade of and many others to continue providing serv- Disarmament, and from 1975 to 1980 an inde- HON. BART STUPAK ices of tremendous value to Colorado while pendent nation fell to communism every year. OF MICHIGAN promoting environmental stewardship through A great deal of credit must be given to leaders IN THE HOUSE OF REPRESENTATIVES voluntary, market-based measures. like John Fisher who finally convinced Jimmy Tuesday, July 21, 1998 f Carter to raise the defense budget to help arm Mr. STUPAK. Mr. Speaker, there is an ener- the Mujaheddin in Afghanistan, place an em- A TRIBUTE TO JOHN M. FISHER getic community in my northern Michigan dis- bargo on Soviet grain, and cutting off aid to trict that in its own unique way played a role HON. RANDY ‘‘DUKE’’ CUNNINGHAM the Sandinistas. The peace through strength in fulfilling the dream of Henry Ford to produce policies advocated by John Fisher and adopt- automobiles that would suit the budgets and OF CALIFORNIA ed by Ronald Reagan and George Bush IN THE HOUSE OF REPRESENTATIVES lifestyles of ordinary Americans. helped to create the stability we know today. Kingsford celebrates its 75th Anniversary on Tuesday, July 21, 1998 George Washington once said ``To have July 31, 1998, its diamond jubilee. Mr. Speak- Mr. CUNNINGHAM. Mr. Speaker, one of the peace, prepare for war.'' These words from er, this is an excellent opportunity for all Amer- most rewarding aspects of my career on Cap- our first Commander-in-Chief are engraved at icans to join with the people of Kingsford, who itol Hill has been serving as the Administrative the American Security Council's Congressional even call their high school football team the Co-Chairman of the bipartisan National Secu- Conference Center. They are as applicable ``flivvers,'' to honor and celebrate those early, rity Caucus (NSC). The Caucus includes 275 today as they were 200 years ago. John Fish- heady days of the development of wheeled lawmakers and it is the largest Congressional er believes in these words and has spent his transportation, including the Flivver auto- Member Organization. The NSC focuses on a lifetime devoted to the maintenance of peace mobile. wide range of foreign policy, defense and and freedom for the American people. As late as 1920 the population of the area international economic issues and it is through f that would become Kingsford was about 40 the Caucus that I have come to know John M. TRIBUTE TO GEORGE A. MANESS people, mostly miners working in the nearby Fisher. FOR HIS SERVICE TO THE CALI- Menominee Iron Range. Some mines were He is the Chairman of the American Secu- FORNIA VETERANS BOARD still activeÐwould be so until the early rity Council and the National Security Caucus 1980sÐbut the days of the great iron ore Foundation and he is being honored today at boom were clearly in the past, just as the days a luncheon at the Heritage Foundation. John HON. GEORGE P. RADANOVICH of the great logging boom were by this time OF CALIFORNIA Fisher has long been a leader in the national only a memory. IN THE HOUSE OF REPRESENTATIVES security community and he has spent a life- The presence of resources of both ore and time pursuing the principles of peace through Tuesday, July 21, 1998 wood, however, was attractive to one of Amer- strength. Mr. RADANOVICH. Mr. Speaker, I rise ica's premier industrial pioneers. Henry Ford It is thanks to the tremendous yeoman labor today to pay tribute to George A. Maness for had been interested in Michigan's Upper Pe- of John Fisher that the United States was not his dedicated service to the California Veter- ninsula as the location of a manufacturing fa- stuck in a posture of strategic vulnerability in ans Board. The seven-member Board advises cility for a number of years, and by 1919 the the 1970s. In 1978, he helped organize the the Governor, Legislature and Department of automaker was ready to build a plant. National Security Caucus, a bipartisan alliance Veterans Affairs on veterans issues. It was no coincidence that Ford looked at of Members of Congress who agreed on a George A. Maness retired in 1982 after 23 this area along the Menominee River in the resolution listing the principles of a national years as a teacher, R.O.T.C. instructor and south-central U.P. One of the people he en- strategy of peace through strength. administrator with the Tulare Joint Union High listed to find a site for his plant was Edward In 1984, the American Security Council School District. He served as a noncommis- G. Kingsford, the husband of Ford's cousin worked with experts, 240 Members of Con- sioned officer in the United States Air Force Minnie Flaherty and both a real estate agent gress, 96 national organizations and 514 uni- from 1950 to 1958; both in active and reserve and Ford dealer. Ford's holdings in the region versities and colleges in preparing the study duty. Mr. Maness obtained a bachelor's de- would grow eventually to 400,000 acres of iron ``A Strategy for Peace Through Strength,'' and gree in 1958 from Western State College in and timberlands in seven northern Michigan over 400,000 copies of this study were distrib- Colorado and a master's degree in 1976 from counties in my district. Of this total, 350,000 uted across the nation. President Reagan de- Clayton University in Missouri. acres were hardwood. clared one week in September 1984 as George Maness is a member of several pro- As one might surmise from the size and im- ``Peace Through Strength Week.'' A documen- fessional and community organizations, includ- portance of this project, there was much poli- tary film was created and shown by 187 tele- ing the American Legion, AMVets, the Air ticking and competition among communities vision stations nationwide, and more than 50 Force Sergeants Association, Lions Club, Elks for the plant. Once all the land purchase rallies were held across the U.S. Club and Salvation Army Advisory Board. agreements were completed, the plant was Our national security policy has always in- Mr. Maness is a dedicated member of the established, employing as many as 8,000 peo- volved military and economic considerations, Republican Party and was the Co-chairman of ple by 1925 in the production of wooden parts but now it must also reflect a world integrated Veterans for Pete Wilson campaign for Gov- for the famous Ford Model T in Kingsford, by telecommunications and trade. At John's ernor of California. He also served as Co- Michigan. urging, my colleagues in the National Security chairman for California Veterans for Bush- Progress in the design of the American Caucus are now working on a new strategy for Quayle in 1992. automobile adversely affected this plant. Al- global peace and prosperity. George Maness was re-appointed to the most as famous as the Model T, the model A The military balance was restored in the California Veterans Board in 1994 by Gov- went into production using fewer wooden 1980s and John Fisher is entitled to significant ernor Pete Wilson. Mr. Maness was confirmed parts, and employment at the Kingsford Ford credit. His predictions of Peace Through by the California State Senate and served until plant declined. In the early 1940s the produc- Strength have come true. The Russians saw January 1998. The California Veterans Board tion of woodsided station wagons provided the strategic and conventional modernization advises the Governor, Legislator and the Cali- work for the northern Michigan site, and by program as a sign the U.S. was prepared to fornia Department of Veterans Affairs. George 1942 the KIngsford Ford plant had made the use its technological superiority to trump their Maness provided great insight and guidance switch to war production, producing gliders military power, their one claim to superpower to the board and was an influential advocate that would become so important to Allied vic- status. for veterans issues. tory. E1364 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998 After the war the importance of the Force Two, Marine Two, the White House or Mr. Speaker what do these numbers trans- Kingsford plant had diminished further, and the Vice President's residence and institutes a late into Jobs. Between 1983 and 1993, Right the facility was closed in 1951. Ford was fine or imprisonment for violation for up to one to Work states created over 500,000 jobs, gone, but an interesting legacy continued. The year (agreed to by a recorded vote of 391 while forced union states lost almost 900,000. famous Kingsford-brand charcoal briquets, a ayes to 7 noes, Roll No. 305); Mr. Speaker, not only are residents of by-product of wooden automobile part produc- The Hefley amendment to the Shays forced-unionism states paying in lost jobs, tion, continued to be made in this U.P. com- amendment in the nature of a substitute that they are also paying for the cost of compul- munity. requires the national parties to reimburse the sory unionism out of their wallets. As a small city, Mr. Speaker, the population Federal government for the use of Air Force Invariably, compulsory unionism leads to of Kingsford is now about 5,500. Although the One for political fundraising (agreed to by a union official-inspired strikes, slowdowns, inef- community is no longer a part of the Ford fam- recorded vote of 222 ayes to 177 noes, Roll ficient work rules, featherbedding, and a ily of assembly plants, the transportation revo- No. 307); ``hate-the-boss'' mentality which substantially lution wrought by these affordable Ford auto- The Northup amendment to the Shays increase the cost of goods, services, and state mobiles on the lives of ordinary Americans amendment in the nature of a substitute that and local taxes. meant that tourism would become a new na- prohibits campaign from providing currency to The result is the ``Right to Work boon.'' The tional industry, one that would benefit the individuals for the purpose of encouraging average urban family living in a Right to Work Kingsford area. People now can travel from turnout on the date of election (agreed to by state has an after-tax, cost of living-adjusted anywhere in the country to visit this area of a recorded vote of 284 ayes to 114 noes, Roll household income of $36,540Ð$2,852 more gently rolling hills with thousands of lakes and No. 308); than a family in a forced-unionism state. hundreds of miles of rivers and streams. Hunt- The Snowbarger amendment that estab- As said by former United States Senator ing and fishing and the simple enjoyment of lishes mandatory imprisonment for not fewer Sam Ervin in his autobiography Preserving the the vibrant colors of autumn means that tour- than 1 year and not more than 10 years for Constitution, ``Right to Work laws remove the ism now vies with paper-making as the basic criminal conduct (agreed to by a voice vote); motive of the union to subordinate the inter- elements of the area's economic well-being. and ests of the employees to its wish, and, thus, I am proud of the people of Kingsford and The Whitfield amendment that bans the co- leave it free to conduct negotiations for the their struggles to survive and even thrive ordination of soft money for issue advocacy by sole purpose of obtaining an employment con- through periods of economic change, and I in- presidential candidates receiving public financ- tract advantageous to the employees.'' vite all my colleagues in the U.S. House to ing (agreed to by a voice vote). CONCLUSION join me in paying tribute to this resilient and f Right to Work states offer an economic en- energetic community. NATIONAL RIGHT TO WORK BILL vironment free from much of the Big Labor's f imposed ``featherbedding,'' and work rules SPEECH OF which reduce the value of employees' wages PERSONAL EXPLANATION by driving up production costs. Ultimately, this HON. DAVE WELDON only serves to reduce the number of jobs in HON. MICHAEL BILIRAKIS OF FLORIDA their state. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Mr. Speaker, no one should be forced to IN THE HOUSE OF REPRESENTATIVES Wednesday, July 15, 1998 join a labor union as a condition of employ- Tuesday, July 21, 1998 Mr. WELDON of Florida. Mr. Speaker, I rise ment, and every American should be given the in full support for H.R. 59, the National Right same economic opportunities shared by most Mr. BILIRAKIS. Mr. Speaker, on Monday, to Work Act. employees in 21 states. July 20, 1998, I requested and was granted a I am from a Right to Work state and I know I urge you to schedule a roll-call vote on HR leave of absence from the House of Rep- first-hand that employee freedom and prosper- 59, the Nation Right to Work Act. resentatives due to personal illness. Had I ity go hand in hand. f been present, I would have voted in favor of Figures from the U.S. Bureau of Labor Sta- NATIONAL RIGHT TO WORK BILL adoption of the following amendments during tistics show that workers in forced union dues consideration of H.R. 2183, the Bipartisan states are losing thousands of jobs as well as SPEECH OF Campaign Integrity Act: their freedom. The Wicker amendment to the Shays Just listen to the advantage that Right to HON. BOB SCHAFFER amendment in the nature of a substitute, de- Work States have had over forced union dues OF COLORADO bated on July 14, that prohibits the use of states between 1997±1996: IN THE HOUSE OF REPRESENTATIVES White House meals or accommodations for Non-agricultural employees in Right to Work Wednesday, July 15, 1998 political fundraising (greed to by a recorded states have increased by nearly 70% while the vote of 391 ayes to 4 noes, Roll No. 301); increase in forced union states was 35%. Mr. BOB SCHAFFER of Colorado. Mr. The Stearns amendment to the Shays Manufacturing employment in Right to Work Speaker, I would like to thank the gentleman amendment in the nature of a substitute, de- states have increased by almost 15% while for yielding, and I would also like to thank him bated on July 14, that prohibits noncitizens there was nearly a 15% decrease in forced for his commitment and hard work on this from making contributions to candidates for union states. issue. Federal, state, or local elections (agreed to by Construction employment in Right to Work Mr. Speaker, I have personally received a recorded vote of 267 ayes to 131 noes, Roll states increased by almost 50%, nearly 15% hundreds of petitions from constituents urging No. 302); higher than in forced union dues states. a roll-call vote on H.R. 59, and I am proud to The Smith of Michigan amendment to the Manufacturing production workers in Right be able to speak here tonight in defense of Shays amendment in the nature of a sub- to Work states increased by almost 10%, those constituents. stitute, as modified, that establishes a prison while decreasing by 20% in forced union dues I certainly agree with the gentleman from term for 10 years and a fine not to exceed $1 states. Virginia. H.R. 59 is about individual liberty. million as penalties for violation of the foreign Manufacturing establishments in Right to Members, particularly from the other side of contribution ban (agreed to by a voice vote); Work states increased by 20%, while decreas- the aisle, and the union officials down the The DeLay amendment to the Shays ing by .3% in forced union states. street in their fortress they call the ``Marble amendment in the nature of a substitute that Personal income in Right to Work states House'', built by forced dues, like to purport expresses the Sense of Congress that Federal has increased by 405%, 82% higher than in that the National Right to Work Act is an at- law clearly demonstrates that ``controlling legal forced union dues states. tempt to silence workers. To the contrary, Mr. authority'' prohibits the use of Federal property Hourly earnings by manufacturing employ- Speaker, the National Right to Work Act is to raise campaign funds (agreed to by a re- ees in Right to Work states have increased by about giving workers a voice. corded vote of 360 ayes to 36 noes, Roll No. 135%, 13% higher than forced union dues As the gentleman from Virginia stated, this 304); states. bill does not add one single word to federal The McInnis amendment to the Shays The average weekly earnings of manufac- law. It simply amends the National Labor Re- amendment in the nature of a substitute that turing production workers in Right to Work lations Act and Railway Labor Act by striking prohibits acceptance or solicitation to obtain states have increased by 145%,15% higher the forced-dues provisions from federal law. access to Air Force One, Marine One, Air than in forced union dues states. That is it. July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1365 The National Right to Work Act would leave 1998 is targeted to these small business by that straight debt cannot be convertible into the following language completely intact: ``Em- improving their access to capital, preserving stock. The legislation would permit a con- ployees shall have the right to self-organiza- family-owned businesses, and lifting obsolete vertibility provision so long as that provi- sion is substantially the same as one that tion, to form, join or assist labor organizations and burdensome restrictions that unneces- could have been obtained by a person not re- to bargain collectively through representatives sarily impede their growth. It will permit them lated to the S corporation or S corporation of their own choosing and to engage in other to grow and compete in the next century. shareholders. concerted activities for the purposes of collec- Even after the relief provided in 1996, S cor- SEC. 113. Repeal of excessive passive invest- tive bargaining or other mutual aid or protec- porations face substantial obstacles and limita- ment income as a termination event.—This tion and shall have the right to refrain from tions not imposed on other forms of entities. provision would repeal the current rule that any or all such activity''. The rules governing S corporations need to be terminates S corporation status for certain corporations that have both subchapter C Mr. Speaker that is where the Right to Work modernized to bring them more on par with earnings and profits and that derive more Act would put the period. I want to make it partnerships and C corporations. For instance, than 25 percent of their gross receipts from clear, the National Right to Work Act main- S corporations are unable to attract the senior passive sources for three consecutive years. tains employees' rights to join or assist a labor equity capital needed for their survival and SEC. 114. Repeal passive income capital organization. The National Right to Work Act growth. This bill would remove this obsolete gain category—The legislation would retain maintains employees' rights to bargain collec- prohibition and also provide that S corpora- the rule that imposes a tax on those corpora- tively through representatives of their own tions can attract needed financing through tions possessing excess net passive invest- ment income, but, to conform to the general choosing. convertible debt. treatment of capital gains, it would exclude What the National Right to Work Act re- Additionally, the bill helps preserve family- capital gains from classification as passive moves is the following four lines and its sup- owned businesses by counting all family mem- income. Thus, such capital gains would be porting lines. ``Except to the extent that such bers as one shareholder for purposes of S subject to a maximum 20 percent rate at the right may be affected by an agreement requir- corporation eligibility. Under current law, multi- shareholder level in keeping with the 1997 ing membership in a labor organization as a generational family businesses are threatened tax law change. Excluding capital gains also condition of employment.'' by the 75 shareholder limit which counts each paralles their treatment under the PHC rules. That is what opponents of the National family member as one shareholder. Also, non- SEC. 115. Allowance of charitable contribu- Right to Work Act object to, Mr. Speaker. resident aliens would be permitted to be tions of inventory and scientific property— Eliminating the right currently held by union of- shareholders under rules like those now appli- This provision would allow the same deduc- ficials to force workers to pay union dues as cable to partnerships. The bill would eradicate tion for charitable contributions of inven- a condition of employment. other outmoded provisions, many of which tory and scientific property used to care for Opponents of this bill object to allowing indi- were enacted in 1958. the ill, needy or infants for subchapter S as vidual workers the right to decide for them- The following is a detailed discussion of the for subchapter C corporations. In addition, S selves whether or not they wish to join or pay bill's provisions. corporations would no longer be disqualified from making ‘‘qualified research contribu- dues to a labor union. TITLE I—SUBCHAPTER S EXPANSION tions’’ (charitable contributions of inventory Mr. Speaker, what opponents of this bill ob- SUBTITLE A—ELIGIBLE SHAREHOLDERS OF AN S property to educational institutions or sci- ject to is taking away the power union officials CORPORATION entific research organizations) for use in re- currently have to tell America's workers to ei- search or experimentation. The S corpora- SEC. 101. Members of family treated as one ther pay up or get fired. shareholder—All family members within tion’s shareholders would also be permitted Mr. Speaker, why are opponents of this bill seven generations who own stock could elect to increase the basis of their stock by the ex- afraid to give a voice to workers? It is because to be treated as one shareholder. The elec- cess of deductions for charitable contribu- union officials know that their agenda is dif- tion would be made available to only one tions over the basis of the property contrib- family per corporation, must be made with uted by the S corporation. ferent than their workers. SEC. 116. C corporation rules to apply for the consent of all shareholders of the cor- As President Clinton's former Labor Sec- fringe benefit purposes—The current rule poration and would remain in effect until retary said: ``In order to maintain themselves, that limits the ability of ‘‘more-than-two- terminated. This provision is intended to they have to hold their members to the mast, percent’’ S corporation shareholder-employ- keep S corporations within families that ees to exclude certain fringe benefits from hold their feet to the fire.'' might span several generations. wages would be repealed for benefits other The Right to Work principle affirms the right SEC. 102. Nonresident aliens—This section than health insurance. Under this bill, fringe of all Americans to work where they want and would provide the opportunity for aliens to benefits such as group-term life insurance for whom they want without coercion of any invest in domestic S corporations and S cor- would become excludable from wages for porations to operate abroad with a foreign kind to join or not join or financially support these shareholders. However, health care shareholder by allowing nonresident aliens labor unions. benefits would remain taxable to the extent (individuals only) to own S corporation Mr. Speaker, One of America's great found- provided for partners. ing fathers, and U.S. President, Thomas Jef- stock. Any effectively-connected U.S. in- come allocable to the nonresident alien SUBTITLE C—TAXATION OF S CORPORATION ferson, once wrote: ``To compel a man to fur- would be subject to the withholding rules SHAREHOLDERS nish contributions of money for the propaga- that currently apply to foreign partners in a SEC. 120. Treatment of losses to sharehold- tion of opinions which he disbelieves is sinful partnership. ers—A loss recognized by a shareholder in complete liquidation of an S corporation and tyrannical.'' SUBTITLE B—QUALIFICATION AND ELIGIBILITY would be treated as an ordinary loss to the Mr. Speaker, today millions of Americans REQUIREMENTS OF S CORPORATIONS extent the shareholder’s adjusted basis in are being forced to contribute money for the SEC. 111. Issuance of preferred stock per- propagation of opinions that they do not be- the S corporation stock is attributable to or- mitted—An S corporation would be allowed dinary income that was recognized as a re- lieve in. to issue either convertible or plain vanilla sult of the liquidation. Suspended passive ac- It is time to have a vote on the National preferred stock. Holders of preferred stock tivity losses from C corporation years would Right to Work Act. It is time to let the Amer- would not be treated as shareholders; thus, be allowed as deductions when and to the ex- ican people know if their Representatives sup- ineligible shareholders like corporations or tent they would be allowed to C corpora- port individual liberty or compulsion. partnerships could own preferred stock inter- tions. ests in S corporations. A payment to owners SUBTITLE D—EFFECTIVE DATE f of the preferred stock would be deemed an SEC. 130. Effective date—Except as other- SUBCHAPTER S REVISION ACT OF expense rather than a dividend by the S cor- poration and would be taxed as ordinary in- wise provided, the amendments made by this 1998 come to the shareholder. Subchapter S cor- Act shall apply to taxable years beginning porations would receive the same recapital- after December 31, 1998. HON. E. CLAY SHAW, JR. ization treatment as family-owned C cor- TITLE II—SENSE OF THE HOUSE OF porations. This provision would afford S cor- REPRESENTATIVES RESOLUTION OF FLORIDA porations and their shareholders badly need- SEC. 201. The House would go on record in IN THE HOUSE OF REPRESENTATIVES ed access to senior equity. opposition to the President’s Fiscal Year Tuesday, July 21, 1998 SEC. 112. Safe harbor expanded to include 1999 budget proposal to treat the conversion convertible debt—An S corporation is not of ‘‘large’’ C corporations to S corporations Mr. SHAW. Mr. Speaker, today over 2 mil- considered to have more than one class of as taxable liquidations, for this would be lion businesses pay taxes as S corporations stock if outstanding debt obligations to harmful to the business community and and the vast majority of these are small busi- shareholders meet the ‘‘straight debt’’ safe would effectively prohibit many businesses nesses. The S Corporation Revision Act of harbor. Currently, the safe harbor provides from making S elections in the future. E1366 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998 PERSONAL EXPLANATION WIC be physically present during recertifi- bursement rates for Hawaii, Alaska and the cation. WIC participants are required to be re- Territories. All other child nutrition programs HON. FRANK RIGGS certified every six months. allow the Department of Agriculture to in- My amendment included in the bill provides OF CALIFORNIA crease the reimbursement rate for these authority to local agencies to waive the phys- IN THE HOUSE OF REPRESENTATIVES States and Territories to account for the higher ical presence requirement for children of work- cost of food. However, the Summer Food pro- Tuesday, July 21, 1998 ing parents, if the children were present at the gram had no such authority. I am pleased that Mr. RIGGS. Mr. Speaker, I was absent from initial certification, and if their presence at re- this bill will allow the increase in reimburse- the House of Representatives on Monday, certification would be a barrier to participation. ment rates to more accurately reflect the cost July 20, 1998, pursuant to a leave of absence. Requiring working mothers to bring in all of of food in my State. During my absence, I missed a number of their children could pose a severe hardship on Finally, Mr. Speaker, H.R. 3974 includes a votes. the mother and children. It would mean extra provision that is very critical to my home State Had I been present, the following is how I transportation time for working mothers, for of Hawaii and the farmers who are struggling would have voted: example a mother with 2 or more children may under our current economy. H.R. 3974 in- Rollcall No. 297 (H.R. 3874): ``Aye.'' have to pick up her children at different loca- cludes an amendment I offered at subcommit- Rollcall No. 298 (H. Con. Res. 208): ``Aye.'' tions, one at day care the other at school. This tee which makes changes to the ``Buy Amer- Rollcall No. 299 (H. Res. 392): ``Aye.'' may require mothers to take an entire day off ican'' provision to assure that Hawaii would be Rollcall No. 300 (H. Con Res. 301): ``Aye.'' of work as opposed to half a day or a couple required to buy American products if they are Rollcall No. 301 (Wicker amendment): of hours if they can go by themselves. made in Hawaii. ``Aye.'' The amendment does not exempt all chil- Under current law, Hawaii has been exempt Rollcall No. 302 (Stearns amendment): dren with working parents from the require- from the requirement that only U.S. products ``Aye.'' ment, but those that have such difficult cir- be used in the school lunch and breakfast pro- Rollcall No. 303 (Pickering amendment): cumstances that the requirement may actually gram, except that Hawaii schools are required serve as a barrier to participation in the pro- ``Aye.'' to purchase U.S. (Hawaii) grown pineapples. gram, such as a working mother with transpor- Rollcall No. 304 (Delay amendment): ``Aye.'' The amendment I included in H.R. 3874 re- tation problems. Rollcall No. 305 (McInnis amendment): vises this provision to require Hawaii to buy ``Aye.'' Currently about 28% of WIC eligible moth- ers work during the first two months following American where food products are produced Rollcall No. 306 (Paxon amendment): in Hawaii in quantities sufficient to serve the ``Aye.'' the birth of their children, increasing to roughly 30% when the child turned one (Mathematica Hawaii school lunch and breakfast program. Rollcall No. 307 (Hefley amendment): This provision will assure that the Hawaii ``Aye.'' Research). The flexibility provided in my amendment school lunch program purchases such food Rollcall No. 308 (Northrup amendment): will become increasingly important as more products as bananas, pineapples and papayas ``Aye.'' and more mothers on welfare (TANF) will be that are grown here in Hawaii, but still has the f required to work under the 1996 Welfare Law. flexibility to purchase other foods made out- CHILD NUTRITION AND WIC REAU- With 30% of WIC eligible women also receiv- side of the U.S. if necessary. Federal pro- THORIZATION AMENDMENTS OF ing welfare the number of working mothers on grams should support our local economy. 1998 WIC is likely to increase as a result of the What better way to help Hawaii agriculture 1996 law. We must assure that these working than to assure that our school lunch and SPEECH OF mothers have every opportunity to continue breakfast programs purchase local grown their jobs and retain WIC eligibility. food. The children will be getting better quality HON. PATSY T. MINK I also am pleased that the Committee con- foods that are produced in their own state. OF HAWAII curs with my support of the Department of Ag- Mr. Speaker, H.R. 3874 will ensure that our IN THE HOUSE OF REPRESENTATIVES riculture's efforts to provide guidelines to local important child nutrition programs continue, Monday, July 20, 1998 WIC agencies regarding cultural and ethnic that they are more efficient, and that more foods. This support was expressed in the children and families are served by these im- Mrs. MINK of Hawaii. Mr. Speaker, I rise Committee Report. Participation in WIC can portant programs. I urge the passage of this today in strong support of H.R. 3874, the Child be greatly enhanced by the use of appropriate bill. Nutrition and WIC Reauthorization Bill, which cultural foods. I know in Hawaii we have many f makes changes to the federal child nutrition nutritious foods that are a part of our local diet programs and the Women, Infants, and Chil- which are not included in the WIC food pack- TRIBUTE TO JIRAIR S. HOVNANIAN dren Supplemental Feeding Program, known age such as tofu and poi. These guidelines as WIC. will make it easier for our State WIC agency HON. JIM SAXTON The WIC program is a key part of our efforts to incorporate such foods into the WIC pack- OF NEW JERSEY to reduce infant mortality rates and assure that age. IN THE HOUSE OF REPRESENTATIVES children in this nation are born healthy and are The Committee also included language in its Tuesday, July 21, 1998 fed a nutritionally sound diet in the early form- report which I suggested on the coordination ative years. This is accomplished through the of WIC blood work requirements with the other Mr. SAXTON. Mr. Speaker, I rise today to provision of special food packages to approxi- periodicity schedules such as those by the pay tribute to my constituent, Jirair S. (Jerry) mately 7.5 million low-income women, infants American Academy of Pediatrics and the Cen- Hovnanian, President of J. S. Hovnanian & and children each month. In my home state of ters for Disease Control. Conforming with Sons, Inc. as he celebrates 50 years in this Hawaii the WIC program serves over 35,000 these schedules will help to improve enroll- great nation. individuals. ment, recertification and testing efficiencies in Arriving in the United States in 1948 to at- H.R. 3874 makes some important changes the WIC program. tend the University of Pennsylvania's Wharton to the WIC program by providing more flexibil- On the child nutrition programs also in- School, from which he graduated with a Bach- ity to States in administering the program and cluded in this bill, I strongly support the expan- elor of Science Degree in Business Adminis- including provisions designed to protect the in- sion of the after-school nutrition programs tration, he was then, and continues to be, a tegrity of the WIC program. through the Child and Adult Care Food pro- creative and inspirational individual who is H.R. 3874 continues to encourage the gram and raising the age limit for children eli- widely respected, personally and profes- breast-feeding program under WIC and pro- gible for the after-school snacks and meals sionally. vides additional incentives by allowing WIC from 12 to 18. As Past President of the Home Builders agencies to use their nutrition account, rather Provisions in this bill will also help stream- League of South Jersey and a Life Director of than administrative account, to purchase line the administrative process for schools who the National Association of Home Builders, he breast pumps for breast-feeding women. serve after-school meals under the Child and was instrumental in the Uniform Building Code I am pleased that it also includes my Adult Care Food program. This will make it and the Municipal Land Use Law being en- amendment which is designed to assure that easier for schools to apply for the after-school acted. working parents on WIC and their children are funds. Jerry pioneered the concept of using state able to continue services. The bill includes a The bill makes an important change in the pension funds for home mortgages to maintain new requirement that children participating in Summer Food Program that will raise reim- a healthy economy in our home state. July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1367 In recognition of his dedication and hard TRIBUTE TO JUDGE L.T. SIMES, II sponsor of this resolution, Alfonse D'Amato, work on behalf of the housing industry, Mr. many expert witnesses have testified to the Hovnanian has received such coveted awards HON. MARION BERRY deliberate nature of the attack on civilians in as the New Jersey Builders Association's OF ARKANSAS Croatia and in Bosnia. Mosques, hospitals, ``Builder of the Year Award,'' and is a member IN THE HOUSE OF REPRESENTATIVES cultural institutions and even schools were of the Hall of Fame. specifically targeted for destruction. Intellec- Tuesday, July 21, 1998 tuals were targeted for incarceration and even His civic activities include the Presidency Mr. BERRY. Mr. Speaker, I rise today to execution. Women were targeted for the and Chairmanship of the Burlington County pay tribute to a wonderful man. The kind of agony of being raped. Witnesses also told us United Way, charter membership in the Mount man that made this country the great nation it of the systematic nature of the policy of ethnic Laurel Rotary, Executive Board Membership of is today. I honor L.T. Simes, II as he should cleansing. From valley to valley, region to re- the Boy Scouts of Burlington County, Founder be honored. Judge Simes is one of those pil- gion, the implementation of ethnic cleansing of the Armenian Sisters Academy, a Montes- lars of the community that, works hard every was so consistent that one can only conclude sori private school, and Jerry serves as Arch day, plays by the rules and does whatever is that it was directed and orchestrated by the Deacon of St. Gregory's Armenian Church in necessary to make this community successful. political leaders. Philadelphia. Judge Simes is the first African-American to There is only one person in such a position A ``golden'' anniversary is an accomplish- serve as Chairman of the Arkansas Soil and of power that he could have unleashed such ment to be celebrated, and I congratulate Mr. Water Commission. He is also owner of the devastation in YugoslaviaÐSlobodan Hovnanian on his fifty years in the United first African-American owned and operated Milosevic. I believe that he is every bit as States of America. radio station in eastern Arkansas. Judge guilty of war crimes as the concentration camp Simes is also the first African American Circuit guards, the snipers, and the rapists. f Judge from Phillips County, Arkansas. It is his And now, Mr. Speaker, there is a new con- tireless work for the community and the fifteen flict in the former Yugoslavia, one in which TRIBUTE TO THE SUN VALLEY years he has spent with the radio station en- Milosevic is again directly involved. In Kosovo, CHAMBER OF COMMERCE couraging young people, for which we take after years of repression of the largely Alba- time today to say thank you. We all hope that nian population by Serbian authorities, there is his example of high standards and good con- now open conflict. With this conflict, innocent HON. HOWARD L. BERMAN duct will be followed by the generations to civilians are being killed, there are reports of come. His sense of fairness and honesty is OF CALIFORNIA detention centers, of rapes and the destruction exceeded only by his great, good humor. Let of whole villages that indicate, at minimum, IN THE HOUSE OF REPRESENTATIVES us today pay tribute to a friend, role model, the open tolerance of such abuses by those in community leader, father, and Christian whose Tuesday, July 21, 1998 power in Belgrade, including Milosevic, if not standard we should all follow. the direction of such abuses. Last week we Mr. BERMAN. Mr. Speaker, I rise today to f also received information indicating that dis- pay tribute to the Sun Valley Chamber of CALLING FOR THE INDICTMENT tribution of basic food and humanitarian sup- Commerce, which is celebrating its 73rd year OF SLOBODAN MILOSEVIC plies has been hindered by Yugoslav and by gathering materials for a time capsule. I Serb officials. Mr. Speaker, using food as a have been proud to represent Sun Valley for HON. CHRISTOPHER H. SMITH weapon of war or intimidation can not be toler- many years, and I am honored that the Cham- ated. OF NEW JERSEY ber has asked me to contribute this Congres- Of course, Mr. Milosevic remains in Bel- IN THE HOUSE OF REPRESENTATIVES sional Insert to the capsule. grade, away from the scene of the crimes, and Tuesday, July 21, 1998 he denies association with those committing It is only fitting that the Sun Valley Chamber these crimes. He is a liar. In fact, he denied of Commerce, one of the most historic organi- Mr. SMITH of New Jersey. Mr. Speaker, I to me directly what I saw with my own eyes zations in the San Fernando Valley, is assem- am introducing today a resolution which states to be happening during the siege of Vukovar bling a time capsule. The Chamber was our belief that the Yugoslav President Slobodan Milosevic is responsible for war in Croatia. Unfortunately, he has escaped re- formed in 1925 as the Roscoe Chamber of sponsibility for the crimes by projecting himself Commerce. One of the charter members was crimes, crimes against humanity and geno- cide. The resolution also calls for action by our as the ``peacemaker'', the one we supposedly A. Louis Forsch, whose grandson, Gary, is still need to achieve the Dayton Agreement which active in the Chamber today. governmentÐespecially in providing informa- tionÐthat could lead to the indictment of ended the Bosnian conflict, and the one with The Chamber shut down during the Depres- Milosevic for these crimes by the International whom the Kosovar Albanians are being told to sion and World War II, reopening in 1946. Criminal Tribunal in The Hague. join at a negotiation table for dialogue. How Within just a few years the Chamber was Those who have followed the course of many senior Administration officials have trav- sponsoring parades, picnics and campaigns to Yugoslavia's violent disintegration know well eled repeatedly to Belgrade in order to cajole beautify the community. In 1949, the Chamber how Slobodan Milosevic has stirred conflict in Milosevic to do this or to do that? He seems spearheaded a successful drive to change the order to achieve, strengthen and maintain to be able to unravel progress if he wants. name of the area from Roscoe to Sun Valley. power during the early 1990s, the very years Does not our reliance on him as ``peace- Three years later, Mrs. Florence Shea became when all Europeans should have had the maker'' help him maintain power at the ex- the President of the Sun Valley Chamber of chance to celebrate newfound unity and free- pense of a democratic Serbia? Mr. Speaker, Commerce. According to the Chamber, Mrs. dom with the end of the Cold War and Com- we can not overlook the criminal responsibility Shea was the first female president of any munism's collapse. Threatened by democratic of a person like Milosevic, even when we find chamber in the United States. change, Milosevic played upon Serb griev- ourselves dependent on that person to imple- ment policies the United States has set. Today the Chamber is a dynamic force in anceÐsome legitimate and some notÐto en- The resolution we are introducing does not the San Fernando Valley. Along with providing courage Serbs throughout former Yugoslavia address questions of United States policy to- essential help to local businesses and working to rally behind him and establish a ``Greater wards Serbia; we plainly and simply call for closely with service agencies and government, Serbia.'' He engaged in massive propaganda justice. Mr. Speaker, I believe that indicating the Chamber in recent years has been the campaigns, spurring Serbs to hate Croats, Bosniacs and Albanians, or at least to view Milosevic is not only good justice; it is good driving force behind the huge and successful these neighboring peoples as threats. He put policy. As long as Milosevic is in power in Bel- July 4 celebration at Hansen Dam. thugs into positions of power, ensuring support grade and there is no democracy in Serbia, I ask my colleagues to join me in saluting for his rule and a willingness to engage in the the Balkans will remain unstable. As long as the Sun Valley Chamber of Commerce, which repression and ethnic cleansing. He supplied we deal with Milosevic, we perpetuate his is doing its part to ensure that the history of militants with heavy weaponry with which to power. the San Fernando Valley will be available to bombard cities, towns, and villages throughout I hope, Mr. Speaker, that this resolution will future generations. I only wish I could be the region. find broad, bipartisan support. I am pleased around to witness the unveiling of the time In testimony before the Helsinki Commis- that I am joined by my colleagues Mr. HOYER, capsule. sion, which I co-chair with the primary Senate Mr. ROHRBACHER, Mr. ENGEL, Mr. KING, Mr. E1368 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998

OLVER and Mr. MCGOVERN as original cospon- RESTORING SALMON ON THE absolutely no precedent on dam removal on sors. Who can argue against providing infor- ELWHA RIVER the Columbia or Snake River or their tribu- mation that could lead to the indictment of a taries. For that reason, my bill specifically person who may have committed war crimes? HON. RICK WHITE states that dam removal on the Elwha River Who can argue against supporting the tribunal OF WASHINGTON will not set a precedent on the Columbia or which can bring needed justice to South-Cen- IN THE HOUSE OF REPRESENTATIVES Snake river systems. Finally, my bill provides that no hydroelectric facility can be removed tral Europe? That is what this resolution does, Tuesday, July 21, 1998 and the measure deserves quick and positive or significantly modified structurally without Mr. WHITE. Mr. Speaker, today I am intro- Congressional approval. action by the House. ducing a bill to keep the process of restoring I am very pleased that over the past few salmon on the Elwha River moving forward. f months Senator GORTON has indicated a will- It's important that we have a legislative pro- ingness on the Elwha project. As we work out posal in the House and it is my hope that this TO HONOR DR. SCOT D. FOSTER, the final details on the Interior Appropriations bill will set the stage for negotiations that will PRESIDENT OF THE AMERICAN bill, I encourage the House Interior Appropria- lead to an agreement on removing the Elwha ASSOCIATION OF NURSE ANES- tions Subcommittee to look at my legislation dams. THETISTS as a balanced solution to restoring salmon on Over the past few years, I've been working the Elwha River. with many Members of the House to secure f funding for the Elwha River restoration project. HON. BARBARA LEE I believe that the Elwha River is one place INTRODUCTION OF THE ‘‘WILCOX OF CALIFORNIA where we can invest our limited dollars and RANCH WILDLIFE HABITAT AC- get a wonderful return on our investment. Cur- QUISITION ACT’’ IN THE HOUSE OF REPRESENTATIVES rently we spend approximately $435 million Tuesday, July 21, 1998 every year on the Columbia and Snake Rivers HON. JAMES V. HANSEN and have little to show for it. In the case of the OF UTAH Ms. LEE. Mr. Speaker, with gratitude, I rise Elwha, a one-time payment of about $100 mil- IN THE HOUSE OF REPRESENTATIVES today to pay tribute to a remarkable constitu- lion will create a pristine river, and perfect Tuesday, July 21, 1998 ent of California's Ninth Congressional District, salmon habitat, from glacier to salt water. Mr. HANSEN. Mr. Speaker, I would like to Dr. Scot D. Foster, the outgoing national Since 1995, I have had the pleasure of working with the people of the Port Angeles introduce to you today the ``Wilcox Ranch President of the American Association of Wildlife Habitat Acquisition Act''. This impor- community, Chairman REGULA, Senator GOR- Nurse Anesthetists (AANA). In my opinion, it is tant piece of legislation, would authorize the TON, Congressman DICKS, and the Administra- appropriate at this time to recognize the out- Secretary of the Interior to acquire a parcel of standing career of this distinguished individual. tion on this issue. When we started this proc- ess in 1995, there wasn't much interest in the land located in eastern Utah, in the Range Creek drainage. I have been involved in many Founded in 1931, the AANA represents over Elwha project and Senator GORTON had strong 27,000 certified registered nurse anesthetists, reservations about moving forward. conservation projects throughout Utah and I or CRNAs, across the country who provide But as I introduce this bill today, I realize can say this is one of the most important over 65% of the anesthesia in the United just how much has changed over the past few projects in the State. As I have mentioned, the States each year. They work in every setting years. Thanks to the people of the Port Ange- Wilcox Ranch lies along Range Creek. This in which anesthesia is delivered, and for all les community, who have been the driving stream, which flows into the Green River, is types of surgical cases including hospital sur- force behind this project, as well as my col- home to many kinds of fish and may qualify as a blue ribbon trout stream. The Wilcox Ranch gical suites, obstetrical delivery rooms, ambu- leagues in Congress, we've made consider- property provides access to over 75,000 acres latory surgical centers, and the offices of den- able progress in securing some funding for the of BLM lands and is home to an assortment tists, podiatrists, and plastic surgeons. Elwha project. We started this process in 1996 by getting authorizing language in the fiscal of wildlife such as: Wild Turkey, Eagles, As president, Dr. Foster was responsible for year 1997 Budget Resolution recognizing the Hawks, Black Bear, Cougar, Elk, Mule Deer, charting the policy and direction of the asso- environmental benefits of restoring this unique Bighorn Sheep, and other mammal species. ciation from 1997±1998. Throughout his in- river system. Since we started in 1995 we Not only does this land harbor an abun- volvement with AANA, Dr. Foster has also have been successful in securing $11 million dance of wildlife, it also contains many cultural held a variety of leadership positions prior to in funding toward dam acquisition. resources, such as Native American pottery, being elected President, including Treasurer The legislation I have introduced today is arrowheads, and rock homes constructed cen- and Vice President of the AANA. meant to modify the proposal that is being turies ago. Because this land controls access to so considered in the Senate. Senator GORTON A learned scholar and expert in his field, Dr. much public lands and contains a great por- Foster began his studies at the University of has included language in the fiscal year 1999 Interior Appropriations bill authorizing acquisi- tion of water rights in the Range Creek drain- Kansas, receiving a Bachelor of Arts degree in age, it is vital that we obtain this area for the 1972, a Bachelor of Science in Nursing in tion of both the Elwha and Glines dams and authorizing removal of both dams subject to public and the ecosystem. 1974, and a CRNA certificate in 1976. He at- the availability of appropriations. In the proc- f tained a Master of Arts degree in Educational ess, however, Senator GORTON made clear Administration in 1977, a PhD in Higher Edu- DEPOSITION AUTHORITY NEEDED that the uses of the federal hydroelectric facili- cation in 1984, and a Masters of Science in FOR THE TEAMSTERS INVES- ties on the Columbia and Snake Rivers would TIGATION Nursing in 1994. not be affected by actions on the Elwha. I Dr. Foster currently is a Professor of Nurs- agree wholeheartedly with the Senator's inten- HON. WILLIAM F. GOODLING tions. ing at Samuel Merritt College in Oakland, Cali- OF PENNSYLVANIA But Senator GORTON and I haven't always fornia and is a former Associate Clinical Pro- IN THE HOUSE OF REPRESENTATIVES fessor in the Department of Anesthesiology at agreed on the details. That is why I am intro- Tuesday, July 21, 1998 the UCLA School of Medicine in Los Angles, ducing legislation today that is designed to California. Dr. Foster is widely published and perfect the approach he has taken in the Sen- Mr. GOODLING. Mr. Speaker, I rise to intro- speaks often before professional groups and ate. My legislation will authorize acquisition of duce a resolution which provides for deposi- societies, which has earned him the esteem both facilities and the removal of the lower tion authority for the Teamsters Investigation. and respect of his peers and others in all pro- Elwha dam, subject to availability of appropria- The Subcommittee on Oversight and Inves- fessions. tions. My bill also includes an independent sci- tigations is examining the failed 1996 election entific review on the benefits of removal prior of the International Brotherhood of Teamsters Mr. Speaker, I ask my colleagues to join to removal of the upper dam so that whatever (IBT) and related matters, including financial with me in recognizing Dr. Foster for his nota- decision we make is based on good, sound mismanagement at the union and possible ble career and outstanding achievements. science. manipulation of its pension fund. Congratulations, Dr. Foster, on a job well I strongly share Senator GORTON's concerns Although the investigation has established a done. that the actions taken on the Elwha dam set good foundation, its progress is increasingly July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1369 slowed by the obstructionist tactics of the IBT, firming the United States commitment to Tai- cent trip to China, President Clinton empha- including the refusal to allow interviews of rel- wan. I am pleased to be an original cosponsor sized this point when he said ``a key to Asia's evant witnesses. The Subcommittee and the of the legislation and I would like to thank Mr. stability is a peaceful and prosperous relation- Chairman of the full Committee have been DELAY for his willingness to consider my sug- ship with the People's Republic of China and forced to issue subpoenas for documents to gestions for improving the legislation. Mr. Taiwan.'' As the President noted, peace and fourteen organizations, most of whom refused DELAY and his staff person, Tim Berry, worked prosperity ``has allowed democracy to flourish to voluntarily provide information to the Sub- in a cooperative and bipartisan manner to in Taiwan.'' I hope that the peace and pros- committee at the direction of the IBT. Subpoe- fashion a resolution which I urge all my col- perity which China now enjoys will lead as nas have also been issued to seven witnesses leagues to support. well to democracy in that great land. to secure their testimony at the Subcommit- This resolution expresses the United States f tee's public hearings. Furthermore, the IBT continued commitment to the people of Tai- has steadfastly refused, on numerous occa- wan and our interest in ensuring that the fu- IN HONOR OF CAPTAIN RICHARD sions over the last four months, to allow Sub- ture status of Taiwan be resolved by peaceful WYSSBROD committee investigators to interview current means. It also affirms our strong support for IBT employees and employees of its actuarial membership for Taiwan in international finan- HON. MARION BERRY and accounting firms. The IBT has even ob- cial institutions where appropriate. OF ARKANSAS jected to the Subcommittee interviewing In 1994 in response to the profound eco- IN THE HOUSE OF REPRESENTATIVES nomic and political changes that had taken former IBT employees. Tuesday, July 21, 1998 To thoroughly and professionally investigate place both in China and in Taiwan, the Clinton outstanding issues, the investigation needs the Administration approved adjustments in our re- Mr. BERRY. Mr. Speaker, I rise today to authority to have designated staff conduct lationship with Taiwan. Among the changes pay tribute to a courageous man. depositions. There are up to three dozen wit- approved were permission for high-level visi- As an officer of the Helena Police Depart- nesses whose testimony would substantially tors, including cabinet officers; provision for ment, Capt. Richard Wyssbrod went to work further the investigation and who may have to Taiwan's president and premier to transit each day to protect the people of Helena, Ar- be deposed. Much of this would be lengthy, American territory, and active support for Tai- kansas. On Tuesday, June 30, Capt. detailed questioning, which is not possible in a wan's membership in international organiza- Wyssbrod was responding to a 911 call from committee hearing. Some of it would also be tions accepting non-states as members. These a victim of domestic abuse when he was shot very technical. Some of the depositions may were important changes in our policy which and killed. have to be conducted after Congress adjourns were responsive to Taiwan's emergence as a Capt. Wyssbrod would have celebrated his for the year. All of it is needed if the investiga- democratic country. Nor were they out of char- 12th year with the Helena Police Department tion is to continue to make progress. acter with past behavior toward Taiwan. As a on July 1. He began his career with the Mar- I want to assure my colleagues that the au- recent article in the Washington Post by Am- vell Police Department where he served four thority granted through this resolution has bassador Harvey Feldman points out, even years before being hired at Helena. He is safeguards to ensure that it is used appro- after being expelled from the United Nations in being remembered as a model police officer priately. First, the authority is granted to the 1971, Taiwan remained a member of the by his peersÐan honest man who enforced Chairman of the Full Committee, and it may World Bank and the International Monetary the law with a firm, yet fair, hand. Capt. be used only in connection with the Teamsters Fund until 1980. Wyssbrod worked to establish neighborhood Investigation. Second, information obtained It is important to note that our policy to- and community watch programs in Helena. He under deposition authority is considered as wards Taiwan has not been immutable. It has was actively involved in youth programs, having been taken in executive session by the changed in response to developments in Tai- speaking to children about the dangers of ille- Subcommittee. That makes the information wan as long as those changes remain consist- gal drugs. confidential and subject to the protocol under ent with our overall objective of promoting Capt. Wyssbrod will forever be remembered which the investigation is being conducted. peace in the region. Our relations with Taiwan as a law enforcement veteran, but it is fitting Mr. Speaker, the Committee on Education and our policy has been governed by the Tai- that he also be remembered for the life he led and the Workforce will also adopt rules to en- wan Relations Act of 1979 (P.L. 96±8), further when he was off-duty. Capt. Wyssbrod was a sure proper use of deposition authority. We articulated in three U.S.-China communiques loving father and devoted grandfather. He was will provide for bipartisan participation in depo- of 1972, 1979, and 1982, and clarified at the a kind man who was a friend to an entire sitions. The Ranking Minority member will re- request of Taiwan in the so-called ``Six Assur- town. ceive three business days written notice be- ances'' in 1982. In 1982 the Reagan Adminis- Capt. Wyssbrod is the first police officer to fore any deposition is taken, and all Members tration was asked by Taiwanese officials to ac- be killed in the line of duty in Helena. His will receive three business days written notice cept as guidelines concerning our policy to- name will soon be added to the National Law that a deposition has been scheduled. Finally, wards Taiwan six points: (1) the United States Enforcement Officers' Memorial here in Wash- our proposed committee rules provide for var- would not set a date for termination of arms ington, D.C., but it is important that we re- ious rights for witnesses, including the right to sales to Taiwan; (2) the United States would member our fallen police officers not as counsel. not alter the terms of the Taiwan Relations names on a wall, but for the lives they led as This resolution is well planned and will be Act; (3) the United States would not engage in human beings. As an inscription on the wall implemented with care. Deposition authority is advance consultations with Beijing before de- states, ``It is not how these men died that a tool that will enable the Teamsters investiga- ciding on U.S. weapons transfers to Taiwan; made them heroes. It is how they lived.'' tion to unravel the improprieties associated (4) the United States would not serve as medi- Mr. Speaker, with those words in mind, I with the 1996 IBT election so they do not ator between Taiwan and the mainland; (5) ask that we remember Capt. Richard recur. It will also help shed light on mis- the United States would not alter its position Wyssbrod not only as a police officer from management and financial improprieties so regarding sovereignty of Taiwan and we would Helena, Arkansas, but as one of America's he- that the International Brotherhood of Team- not pressure Taiwan to engage in negotiations roes. sters can become more responsive to its with the mainland, and (6) the United States f members. would not formally recognize China's sov- THE PATIENT PRIVACY ACT f ereignty over Taiwan. We accepted those points and they have conditioned our role be- AFFIRMING UNITED STATES tween Taiwan and China ever since. This res- HON. RON PAUL COMMITMENT TO TAIWAN olution, by reaffirming our interests in resolving OF TEXAS the status of Taiwan through peaceful means, IN THE HOUSE OF REPRESENTATIVES SPEECH OF reinforces our continued adherence to the six Tuesday, July 21, 1998 HON. HOWARD L. BERMAN assurances of 1982. OF CALIFORNIA It is important that, as we attempt to build a Mr. PAUL. Mr. Speaker, I rise to introduce IN THE HOUSE OF REPRESENTATIVES more constructive relationship with China, we the Patient Privacy Act, which repeals those not do so at the cost of the people of Taiwan. sections of the Health Insurance Portability Monday, July 20, 1998 This resolution makes clear our desire to and Accountability Act of 1996 authorizing the Mr. BERMAN. Mr. Speaker, I rise in support maintain strong, productive and peaceful rela- establishment of a ``standard unique health of the resolution introduced by Mr. DELAY af- tions with both China and Taiwan. In his re- care identifier'' for all Americans. This identifier E1370 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998 would then be used to create a national data- and ``streamline'' the health care system, to VIP's at the Department of Energy to his base containing the medical history of all under the Constitution, the rights of people friends at the National Cancer Institute. Americans. Establishment of such an identifier should never take a backseat to the conven- Today, the 82-year-old Dr. Saccomanno would allow federal bureaucrats to track every ience of the government or politically powerful continues his work in the field he has grown citizen's medical history from cradle to grave. industries like HMOs. to love. Each morning he makes the daily trek Furthermore, it is possible that every medical Mr. Speaker, the federal government has no from his home to the lab where he continues professional, hospital, and Health Maintenance authority to endanger the privacy of personal to look at his vast collection of tissue samples, Organization (HMO) in the country would be medical information by forcing all citizens to lung X-rays, and secretions searching for a able to access an individual citizens' record adopt a uniform health identifier for use in a clue that would someday lead to a cure for simply by entering the patient's identifier into national data base. A uniform health ID en- cancer. Dr. Saccomanno's obvious dedication the national database. dangers the constitutional liberties, threatens to his life's work and the medical field is As an OB/GYN with more than 30 years ex- the doctor-patient relationships, and could something that is admired by all. perience in private practice, I know better than allow federal officials access to deeply per- I would like to take a moment today to thank most the importance of preserving the sanctity sonal medical information. There can be no Dr. Saccomanno for both his efforts in finding of the physician-patient relationship. Often- justification for risking the rights of private citi- a cure for cancer, as well as for all that he has times, effective treatment depends on a pa- zens. I therefore urge my colleagues to join done for his community. He is an excellent ex- tient's ability to place absolute trust in his or me in supporting the Patient Privacy Act. ample of how important dedication and perse- her doctor. What will happen to that trust f verance are in one's personal and profes- when patients know that any and all informa- sional life. He sets a standard that we should tion given their doctor will be placed in a data TRIBUTE TO DR. GENO all strive to emulate. It is an honor for me to base accessible by anyone who knows the pa- SACCOMANNO count Dr. Saccomanno as one of my constitu- tient's ``unique personal identifier?'' ents and to represent him in Congress. I ask my colleagues, how comfortable would HON. SCOTT McINNIS f you be confiding any emotional problem, or OF COLORADO even an embarrassing physical problem like IN THE HOUSE OF REPRESENTATIVES HONORING DOUGLAS M. BARRETT impotence, to your doctor if you knew that this Tuesday, July 21, 1998 information could be easily accessed by HON. CHARLES F. BASS C friend, foe, possible employers, coworkers, Mr. M INNIS. Mr. Speaker, I would like to OF NEW HAMPSHIRE take a moment to recognize an individual, who HMOs, and government agents? IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the Clinton administration has for the past 50 years, has donated his life to even come out in favor of allowing law en- the ongoing fight against cancer. Dr. Geno Tuesday, July 21, 1998 forcement officials access to health care infor- Saccomanno, a cytologist from Grand Junc- Mr. BASS. Mr. Speaker, I rise today to rec- mation, in complete disregard of the fifth tion, CO, is a simple, dedicated man with a ognize the accomplishments of a resident of amendment. It is bitterly ironic that the same personal history that rivals most in accom- Nashua, New Hampshire, Mr. Douglas M. Bar- administration that has proven so inventive at plishment and commitment. Some of his most rett, on the occasion of his retirement from protecting its privacy has so little respect for notable achievements both professionally and Sanders, a Lockheed Martin Company. Mr. physician-patient confidentiality. philanthropically, include his groundbreaking Barrett's 41 years of dedication to improving Many of my colleagues will admit that the and world-renowned cancer research meth- our Nation's security, and his devotion to his American people have good reason to fear a ods, his two popular cytology texts, his schol- community, set a standard of commitment and government-mandated health ID card, but they arship fund for underprivileged high school excellence for which we should all strive. will claim such problems can be ``fixed'' by ad- graduates, his St. Mary's Saccomanno Edu- Since beginning his employment at Sanders ditional legislation restricting the use of the cation Center, and the Catholic school and Associates in 1957, Mr. Barrett has been an identifier and forbidding all but certain des- church that will be built on land he recently integral part of the development and fielding of ignated persons to access those records. donated near his home. As you can see, Dr. intelligence, surveillance and reconnaissance This argument has two flaws. First of all, Saccomanno is a man who works for the good systems that have been critical to keeping the history has shown that attempts to protect the of all people, in every area of his life. peace when possible and prevailing at war privacy of information collected by, or at the When Dr. Saccomanno arrived in Grand when necessary. His devotion to getting the command, of the government are ineffective at Junction as a pathologist in 1948, he was the best possible technical solutions into the protecting citizens from the prying eyes of first to pay appropriate attention to the most hands of our soldiers, sailors and airmen in government officials. I ask my colleagues to pressing local cancer issue. As he had noticed the shortest periods of time, and at the best think of the numerous cases of IRS abuses in some of his doctoral studies at St. Louis value to the government is to be greatly com- that were brought to our attention in the past University, Dr. Saccomanno saw correlations mended. few months, the history of abuse of FBI files, between cancer incidence and the coal mines As the Vice President and General Manager and the case of a Medicaid clerk in Maryland working in Western Colorado and Eastern of the Surveillance Systems Business Area of who accessed a computerized database and Utah. His analysis of this issue set the stage Sanders since 1982, Mr. Barrett has been in- sold patient names to an HMO. These are just for a long life in lung cancer research and di- strumental to the growth and stability of the some of many examples that show that the agnosis. economy in and around Nashua through the only effective way to protect privacy is to for- Considered today by colleagues and profes- creation of jobs. He has also played a major bid the government from assigning a unique sionals worldwide as one of the world's fore- role in providing educational opportunities for number to any citizen. most pioneers and prophets in lung cancer re- the citizens of the greater Nashua area as a The second, and most important reason, search, Saccomanno's research techniques board member and past president of the Adult legislation ``protecting'' the unique health iden- are considered a standard in laboratories Learning Center. tifier is insufficient is that the federal govern- around the world. His first method of cell sep- Mr. Speaker, I ask you to join with me in ment lacks any constitutional authority to force aration to detect mutation utilized his wife Gin- recognizing the unwavering commitment and citizens to adopt a universal health identifier, ny's blender and a few simple medical tools. total dedication of Mr. Douglas M. Barrett to regardless of any attached ``privacy protec- Through the years, his techniques have grown his company, community and country. tions.'' Any federal action that oversteps con- and developed with the aid of technology so f stitutional limitations violates liberty for it rati- much that his research methods are widely fies the principle that the federal government, praised and world renowned. In fact, the ‘‘LET’S GET TOUGH ON DRUGS’’ not the Constitution, is the ultimate arbitrator American Cancer Institute is currently attempt- of its own jurisdiction over the people. The ing to duplicate his processes with a com- HON. RON PACKARD only effective protection of the rights of citi- puter. OF CALIFORNIA zens is for Congress and the American people Dr. Saccomanno has won several well-de- IN THE HOUSE OF REPRESENTATIVES to follow Thomas Jefferson's advice and ``bind served awards and published a myriad of (the federal government) down with the chains medical reports during his 50-year career, all Tuesday, July 21, 1998 of the Constitution.'' that have led to a considerable reputation Mr. PACKARD. Mr. Speaker, I rise today to For those who claim that the Patient Privacy among a wide range of people. He is revered ask if the Clinton Administration has any de- Act would interfere with the plans to ``simplify'' by everyone, from his colleagues at St. Mary's fined position on casual drug use and any July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1371 specific strategy to fight drug abuse in our increases in crime and warned that official tance of Japanese-American relations and the schools, our workplaces and our homes. toleration of nearly 1,200 ‘‘cannabis clubs’’ in urgent need for Japan to more effectively ad- A few weeks ago, I was pleased to hear the the Netherlands was setting a terrible exam- dress its economic and financial problems. I White House drug policy chief Barry ple for Europe. The Dutch ambassador to the United States, Joris Vos, responded that he am an original cosponsor of this resolution as McCaffery's harsh words of criticism for the was ‘‘confounded and dismayed’’ by Ranking Member on the Asia and Pacific Sub- liberal drug policies he observed while travel- McCaffrey’s remarks. committee of the International Relations Com- ing through Europe. General McCaffery McCaffrey, a four-star general who served mittee. strongly criticized the approach of the Nether- with distinction in the Vietnam War and the One reason for this resolution was our ap- lands, where marijuana and other drugs are Persian Gulf War, has courted controversy preciation of the vital contribution Japan legal, and called the result of their policies ``an since President Clinton named him to lead makes as the world's second largest econ- unmitigated disaster.'' America’s war on drugs in 1996. He was a bit- omy, to global economic growth, especially to ter critic of needle exchange programs, then Mr. Speaker, there is absolutely no doubt muted his criticism somewhat after Clinton the Asian Pacific region. The importance of that legalizing marijuana would have disas- endorsed them as a useful tool against AIDS. maintaining the vitality of our security relation- trous results for any society. General He praised Mexico’s top anti-drug official, ship with Japan in all its dimensionsÐeco- McCaffery pointed that there are now over Gen. Jesus Gutierrez Rebollo, as ‘‘an honest nomic, political, and militaryÐis critical to 1200 ``pot clubs'' in Holland alone. Crime has man,’’ then professed shock when Gutierrez American policy in the region. When Japan risen and the state is now responsible for was arrested in a corruption sting after just suffers, we suffer. When Asia is sick, Japan thousands of heroin addicts that now require 10 weeks in office. becomes ill too. extensive methadone treatment. Yesterday, in a news conference about his week-long swing through six European coun- Curing one means helping both. We need According to today's Washington Post, Gen- tries, McCaffrey acknowledged that he had that cure for our economic benefit. As one wit- eral McCaffery has once again modified his overstepped with his ‘‘unmitigated disaster’’ ness before the Subcommittee, Robert remarks and is now calling the drug policies of criticism of the Dutch. ‘‘In a more balanced Grondine of the American Chamber of Com- countries like Holland ``very impressive.'' Mr. vein, I’d suggest that there are areas of merce in Japan, pointed out, the Chamber Speaker, I know General McCaffery is tough agreement and areas of disagreement,’’ he represents over one thousand American com- on drugs. We've heard his `zero' approach said. ‘‘Friends can disagree with friends.’’ panies doing business in Japan. It is in our time and time again and I applaud him for Dutch officials yesterday said they wel- comed his more conciliatory tone. ‘‘I think economic self-interest to see a growing Japa- that. However, I believe General McCaffery he made a good visit and learned a lot,’’ said nese economy. was right when he first offered his opinion on embassy spokeswoman Madelien DePlanque. For many years, Japanese prosperity has policies of nations like the Netherlands when ‘‘He doesn’t agree with everything we do, but permitted it to evade the need for the profound it comes to drugs. he’s entitled to an opinion.’’ economic reforms which have been so obvi- Mr. Speaker, this Administration continues McCaffrey visited a methadone program in ous to both Japanese and foreign observers. to send mixed signals on casual drug use. Amsterdam and said he came away im- While there has been much discussion Meanwhile, children all over America are pressed by the ease with which Dutch heroin about the need for economic stimulus which faced with the temptation to try drugs every addicts can get treatment. In America, he said, methadone clinics are few and far be- will accelerate consumer demand, I am more day. tween, and addicts who do find them often interested in seeing the type of structural re- Those nations that choose to tolerate rec- face a maze of bureaucratic obstacles; only form which will result in lasting economic reational drug use are going down a very dan- 115,000 of the estimated 800,000 U.S. heroin change in Japan. Reform of the financial sec- gerous path. The statistics of drug-related addicts currently get methadone. tor and greater market access for foreign com- health problems and death in those countries McCaffrey also said he now believes that petitors are particularly important. can not be disputed. Mr. Speaker, it's time for the Dutch are doing an ‘‘excellent job’’ I am confident that Japan will surmount its cracking down on serious drug crimes and this Administration to stop worrying about criti- difficulties. The resilience and capability of the cizing our friends in Europe and start worrying getting though with ‘‘drug-daze’’ foreign tourists who visit the country for its mari- Japanese people have been proven through about the protection and welfare of our own juana-selling ‘‘coffee shops.’’ many times of trial. children. But McCaffrey is not quite ready for Amer- In introducing H. Res. 391, Mr. BEREUTER [From the Washington Post, Tues. July 21, ica to go Dutch when it comes to drug abuse. and I hope that we will further the constructive 1998] He criticized the toleration of cannabis clubs economic dialog between our two countries in as ‘‘legal hypocrisy.’’ He distributed statis- DRUG CHIEF MITIGATES SLAP AT DUTCH a way that deepens our ties. tics indicating dramatic across-the-board in- f AFTER TOUR, MCCAFFREY SOFTENS HIS creases in crime and drug-related deaths in CRITICISM OF DRUG POLICIES the Netherlands since 1978. He said he was NORTHERN IRELAND VISA FOR By Michael Grunwald disturbed by his visit with Rotterdam sci- PEACE AND RECONCILIATION Less than two weeks ago, White House entists who are dispensing heroin to 750 ad- drug policy chief Barry R. McCaffrey sparked dicts. And he warned that ‘‘this beautiful, an international stir by attacking Dutch clean, quiet little country’’ has become a HON. JAMES T. WALSH drug-fighting policies as ‘‘an unmitigated production and distribution hub for much of OF NEW YORK the European drug trade. disaster.’’ Yesterday, he offered a new de- IN THE HOUSE OF REPRESENTATIVES scription of their efforts: ‘‘very impressive.’’ ‘‘They just haven’t connected their prob- McCaffrey is still no fan of the permissive lems to their attitudes towards drug abuse,’’ Tuesday, July 21, 1998 McCaffrey said. ‘‘They seem to think mari- Dutch attitude toward marijuana, and he Mr. WALSH. Mr. Speaker, as Chairman of was appalled by a ‘‘heroin provision’’ experi- juana is benign. It’s not benign.’’ ment for addicts he saw during a one-day McCaffrey refused to visit a cannabis club, the Friends of Ireland and member of the Ad- dash through the Netherlands last week. But explaining that he already knows what peo- Hoc Committee for Irish Affairs, I am inviting he said he was pleasantly surprised by ag- ple look like when they smoke pot. But he’s all of my colleagues to join us as cosponsors gressive Dutch efforts to rein in drug smug- done calling Dutch policy an ‘‘unmitigated of the Northern Ireland Visa for Peace and gling, ‘‘drug tourism’’ and drug-related vio- disaster.’’ Reconciliation. lence. ‘‘You can say it’s a mitigated disaster,’’ he Over the last few weeks, the world has wit- said. He even said that the United States could nessed events symbolizing both the hope for learn a great deal from the expansive Dutch f the future in Northern Ireland and the tragedy approach to funding drug treatment, espe- cially methadone programs for heroin users. RELATING TO THE IMPORTANCE of its past. The politics of the gun has been ‘‘I am envious of their ability to deliver OF JAPANESE AMERICAN RELA- replaced with the politics of the ballot box. A drug treatment and health care to heroin ad- TIONS majority of men and women on all sides of the dicts,’’ said McCaffrey, director of the Office conflict have given their overwhelming support of National Drug Control Policy. ‘‘Our pro- SPEECH OF for the Good Friday Agreement and stood to- gram is inadequate in coverage.’’ gether in condemnation of last week's violence It was quite a change of tune for McCaf- HON. HOWARD L. BERMAN and murder. This initiative is aimed at helping frey, who made front-page news in the Neth- OF CALIFORNIA those who are working for a new beginning. erlands with his ‘‘unmitigated disaster’’ IN THE HOUSE OF REPRESENTATIVES In May, the Speaker of the Irish Dail, Mr. comment during a July 9 appearance on a Monday, July 20, 1998 CNN talk show. McCaffrey said on the pro- Seamus Pattison, led a delegation to Wash- gram that Dutch acceptance of marijuana as Mr. BERMAN. Mr. Speaker, I rise to urge ington for a meeting of the U.S.-Ireland Inter- a harmless ‘‘soft drug’’ has fueled dramatic support for H. Res. 392, relating to the impor- parliament. During those meetings, the Irish E1372 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998 continually raised the idea of a new U.S. tran- Lethal Drug Abuse Prevention Act of 1998. that were selling marijuana for supposed me- sitional visa program designed to support the This bill will prohibit the dispensing or dis- dicinal purposes as authorized by a Califor- implementation of the peace agreement. tribution of a controlled substance in order nia referendum. to cause or assist suicide or euthanasia. Mr. Chairman, you can’t have it both ways. The Northern Ireland Visa for Peace and Mr. Chairman, I strongly believe that we Reconciliation creates a non-immigrant, tem- If my distinguished colleagues from Oregon can and must do better for our disabled and really want to assert states’ rights, they porary working visa category targeted at indi- ill citizens than kill them. You cannot solve should be pushing for the complete repeal of viduals from disadvantaged areas in Northern problems by getting rid of the people to the federal Controlled Substances Act. But Ireland and Border Counties of the Republic. whom the problems happen. When a teenager while it is in effect, for the federal govern- It would allow young unskilled people from dis- says her life is not worth living because she ment to permit the dispensing of otherwise advantaged areas a brief period of time to has lost her boyfriend, we don’t say, ‘‘Well, prohibited federally controlled drugs to kill learn a craft, get a temporary job and experi- that’s her choice.’’ We recognize it as a cry patients means the federal government is af- for help, as a view that can and will be ence the diversity of the United States. After firmatively facilitating assisted suicide. changed. The American people don’t want this to their visit, they would return home ready to Statistics show that of those who attempt share the benefits derived from working in the happen, by a margin of more than 2 to 1. A suicide and are stopped, less than 5% have Wirthlin Worldwide poll in March found that world's greatest economy. gone on to kill themselves five years later. 65% oppose allowing the use of ‘‘federally In the past several years, we have seen 800 What a tragedy it would be for the more controlled drugs for the purpose of assisted years of Irish history take a dramatic shift to- than 95% who survived if we had turned our suicide and euthanasia.’’ backs and not tried to stop them from tak- ward peace. We believe this Visa program will Mr. Chairman, the Declaration of Inde- ing their lives. Sadly, that is exactly what further cement that progress. I hope all Mem- pendence describes life as something that is opponents of H.R. 4006 seek to do. bers will join us in supporting this low-risk, ‘‘inalienable’’—a right so fundamental that I know that it will be said it is different for it cannot be given away even voluntarily. low-cost, high-return investment in support of those who are terminally ill. But a study The principal author of the Declaration, peace in Northern Ireland. published in the American Journal of Psy- Thomas Jefferson, wrote in 1809 that ‘‘The f chiatry found that of the 24% who are termi- care of human life and happiness, and not nally ill who said they wanted to die, all their destruction, is the first and only legiti- PERSONAL EXPLANATION were suffering from clinically diagnosable mate object of good government.’’ depression. Depression is an illness, and it distorts judgment. We should treat it in ter- Our country stands at a crossroads be- HON. HOWARD COBLE minally ill individuals as much as in others. tween the way of death and the way of life. OF NORTH CAROLINA Let no one suppose, however, that this is I urge that this subcommittee lead us in the IN THE HOUSE OF REPRESENTATIVES an issue that applies only to the terminally life-affirming direction by reporting out the ill. Authorizing assisted suicide for those Lethal Drug Abuse Prevention Act of 1998. Tuesday, July 21, 1998 with terminal illness is only the tip of the Mr. COBLE. Mr. Speaker, on July 20, the iceberg. We can see what happened in the f House considered several measures under Netherlands. In 1981, a Dutch court said that suspension of the rules. On rollcall votes 297, under certain conditions, a doctor could as- TRIBUTE TO KELLY RITTER sist a terminally ill person’s suicide. In 1982, 298, 299, 300, 301, 302, 303, 304, 305, 306, another court extended that to elderly peo- 307, and 308 had I been present I would have ple who were not terminally ill, but in HON. JAMES E. CLYBURN voted ``yea.'' chronic bad health, a decision upheld by the On this date, I was representing the Sub- Dutch Supreme Court in 1984. In 1986, the OF SOUTH CAROLINA committee on Courts and Intellectual Property Dutch Supreme Court said that people with IN THE HOUSE OF REPRESENTATIVES at a meeting of the National Music Publishers disabilities could be killed. Tuesday, July 21, 1998 Association. I had committed to participating in In 1989 Holland moved from voluntary as- sisted suicide to nonvoluntary euthanasia this event prior to the scheduling of votes. Mr. CLYBURN. Mr. Speaker, I rise today to when the Supreme Court said that doctors f could give lethal injections to children born pay tribute to Mr. Kelly Ritter of Darlington, with Down syndrome. In 1991 a Dutch court South Carolina, on the fiftieth anniversary of PERSONAL EXPLANATION legitimized killing a 25 year old woman with his involvement in the tobacco business. Mr. mental illness, and in 1994 the Supreme Ritter is a well-known figure in the South HON. ILEANA ROS-LEHTINEN Court said that a woman, with no physical Carolina tobacco community, and the State illness or disability, but who was depressed OF FLORIDA has greatly benefitted from his commitment to because of the death of her last remaining IN THE HOUSE OF REPRESENTATIVES improving both the quality of our fields and the child, could be killed. well-being of the persons whose lives revolve Tuesday, July 21, 1998 Once you accept the view that death is a solution to human problems, it becomes very around tobacco crops. Ms. ROS-LEHTINEN. Mr. Speaker, yester- hard to draw lines. Gradually, it will be seen Originally from North Carolina, Mr. Ritter at- day I was unavoidably detained and missed as an answer to more and more problems, for tended North Carolina State University. He en- four rollcall votes (297, 298, 299 and 300). If less and less weighty reasons. We in America tered the United States Army Corps following I had been present, I would have voted ``aye'' must not start down that road. college, and joined the troops headed to fight on all four votes. My colleagues from Oregon argue that in World War II. Just as he was finishing his Congress has no business in this area, that it last bombing missions in Germany, Mr. Ritter f should be left entirely up to the state of Or- was shot down in his plane. He was captured PRESENTATION TO THE CONSTITU- egon. They miss the point that we are talk- ing about federally controlled drugs. Under by the Germans and held as a Prisoner of TION SUBCOMMITTEE, COMMIT- existing federal law, it is generally illegal to War for 485 days. TEE ON THE JUDICIARY, U.S. dispense or distribute these drugs unless you After the war, Mr. Ritter moved from Lum- HOUSE OF REPRESENTATIVES have a special license or ‘‘registration’’ from berton, North Carolina, to Darlington, South the federal government. If you are a medical Carolina. He became very involved in the local practitioner or pharmacist, you are granted HON. JOSEPH R. PITTS that federal registration to prescribe certain community, serving as an elder in the Pres- OF PENNSYLVANIA of these federally controlled substances for a byterian Church in Darlington, where he is still IN THE HOUSE OF REPRESENTATIVES legitimate medical purpose. a Member. President of the South Carolina Congress passed the Controlled Substances Tobacco Warehouse Association, Mr. Ritter Tuesday, July 21, 1998 Act in the first place because drug abuse is acted as a liaison between tobacco companies Mr. PITTS. Mr. Speaker, I submit the follow- a national problem. A state cannot nullify and farmers, and he worked diligently to im- ing for the RECORD. the federal law if it chooses, as a matter of prove the tobacco industry and help those in- state law, to legalize the use of heroin or STATEMENT BY CONGRESSMAN JOSEPH R. volved in it. He has also served on a number LSD. The same Attorney General who over- of other federal and state tobacco committees. PITTS ON LETHAL DRUG ABUSE PREVENTION turned the ruling of the professionals at the ACT, (H.R. 4006), JULY 14, 1998 federal Drug Enforcement Administration on In addition to his demonstrated commitment Mr. Chairman, thank you for the oppor- this matter has successfully gotten injunc- to the tobacco industry, Mr. Ritter is also a tunity to speak in support of H.R. 4006, the tions to close cannabis clubs in California dedicated husband and father. He has been July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1373 married to the former Bess Stallings for 52 creative and pragmatic solution to benefit trop- in their community can escape it. The years. Together, they have raised four chil- ical forest conservation as well as the eco- Pfanders have remained committed to each dren: Kelly, Jr., William Keith, Eliza, and nomic prosperity of developing nations. I ask other; they have been good parents and Susan. my colleagues to support this bill. passed on their values to a son who has fol- Mr. Ritter is well-known in the Darlington f lowed in his parents' path; they have been area because of his many years of service model citizens; and they have given of them- from the dual perspectives of farmer and to- CELEBRATING THE 50TH WEDDING selves to those around them. I am glad to give bacco warehouse agent. he has supported his ANNIVERSARY OF DR. BURL AND my congratulations to Dr. Burl and Reba field and his community in numerous capac- REBA PFANDER Pfander on their fiftieth wedding anniversary. ities with persistence and hard work. Mr. f Speaker, I ask my colleagues to join me in HON. ROY BLUNT congratulating Kelly Ritter, Sr., on the fiftieth OF MISSOURI PROTECTING IMMIGRANT anniversary of his involvement in the tobacco IN THE HOUSE OF REPRESENTATIVES DOMESTIC VIOLENCE VICTIMS business in Darlington County, South Carolina. Tuesday, July 21, 1998 f HON. CONSTANCE A. MORELLA Mr. BLUNT. Mr. Speaker, the greatness of OF MARYLAND TROPICAL FOREST CONSERVATION America, in large part, depends on the good- IN THE HOUSE OF REPRESENTATIVES ACT OF 1998 ness of its families. The course of our nation is not steered so much by media personalities, Tuesday, July 21, 1998 SPEECH OF or intellectuals, or politicians, as much as it is Mrs. MORELLA. Mr. Speaker, in 1994, we HON. JOHN R. KASICH set by husbands and wives committed to each passed the Violence Against Women Act OF OHIO other, to their children, and to their commu- (VAWA) with overwhelming support. VAWA IN THE HOUSE OF REPRESENTATIVES nities. Dr. Burl and Reba Pfander, of Spring- contained provisions that were vital to the pro- field, Missouri, are such a couple. tection of abused immigrant women and chil- Wednesday, July 15, 1998 On September 5th, Burl and Reba will be dren. We passed this legislation to ensure that Mr. KASICH. Mr. Speaker, I rise in strong celebrating their fiftieth wedding anniversary. abused spouses and children could flee vio- support of H.R. 2870, the Tropical Forest Con- When a young World War II veteran married lent homes, gain legal protections from ongo- servation Act of 1998. First, let me commend his attractive bride in 1948, they made a life- ing violence, and cooperate in the criminal the gentleman from Ohio (Mr. PORTMAN) for long commitment to each other. In an age prosecution of their abusers. his leadership on this bill. Because of the dili- when many people have entered and exited Prior to VAWA the system ensured that gent efforts of the gentleman from Ohio (Mr. marriages with startling rapidity, Burl and abusive U.S. citizens and permanent residents PORTMAN), the gentleman from Indiana (Mr. Reba Pfander have kept their promise. They maintained complete control over the immigra- HAMILTON), and the gentleman from New York have stood as an example of what marriage tion status of their spouses. Battered women (Mr. GILMAN), we have a good bill to solve the should be: a solemn commitment, a life-long could not file for lawful permanent residency problem of rainforest depletion at its source. partnership, and a relationship of love and without the assistance of their abusive The preservation of tropical forests is essen- honor. As a result, their marriage has enriched spouses, and many abusive spouses main- tial for countries all over the world. Tropical their own lives and the lives of their family be- tained this control by refusing to participate in forests provide a habitat for a diversity of yond measure. the petitioning process. Having no other op- plants used for life-saving medicines and the The commitment of Burl and Reba to family tions, these abused immigrant women and treatment of disease. Tropical forests also and to the future is reflected in their son, Mi- their children were forced to stay in violent help to stabilize global rainfall, vital to the chael. Michael has become a veterinarian, homes enduring abuse and unable to appeal health of agricultural crops and coastal com- continuing his father's private practice of thirty- to law enforcement agencies, shelters, or munities. This bill provides an economic incen- eight years. Michael has gone on to form his courts for protection. tive to stop the rapid deforestation and deg- own family; he and his wife, Jeanne, are the The immigration provisions of VAWA helped radation of this important ecosystem. parents of Burl and Reba's granddaughter, to solve these problems by giving battered im- Most tropical forests are located in develop- Meghan Michelle. Burl and Reba Pfander migrant women and their children some con- ing countries. Burdened by debt and des- have raised a son that any family would be trol over their own immigration status. VAWA perate for capital, many developing countries proud of, with the type of values every son created a self-petitioning procedure for bat- have sacrificed tropical forests to logging or should have. The most important obligation of tered immigrants that did not require the co- agricultural development. Some of the coun- each generation is to pass on a set of values operation of their abusive spouses. Self-peti- tries where rainforests are located owe mil- to the next generation. The Pfanders have met tioners could acquire their green cards while lions of dollars to the United States which are that obligation. remaining in the U.S. where our laws pro- unlikely to be repaid. This bill establishes a Outside of their family, Burl and Reba's tected them. VAWA also allowed those system to rechannel developing nations' finan- marriage has benefited an entire community. abused immigrant women who had been cial resources to tropical forest preservation The Pfanders have been involved with local placed in deportation proceedings to file for and provide relief from crippling debts. youth organization for many years. Reba has suspension of deportation, regardless of their This bill expands the Bush administration's been named an honorary farmer of the Nixa, marital status, so long as they had resided in Enterprise for the Americas Initiative (EAI) Missouri, chapter of the Future Farmers of the United States for three years. which established debt-for-nature swaps with America. Burl has supported the FFA, 4±H, However, subsequent legislation, including Latin American countries. H.R. 2870 offers and the Missouri Junior Polled Hereford Asso- the Illegal Immigration Reform and Immigrant debt relief to countries with important re- ciation. Both Pfanders are active members of Responsibility Act (IIRAIRA) of 1996 and the sources beyond the Americas. Through debt- their local church, and they serve as volun- Nicaraguan Adjustment and Central American for-nature swaps, the United States would for- teers for community-wide events. Relief Act (NACARA) of 1997, erased some of give or restructure debt for qualifying develop- The Pfanders have also shown a strong the protections we created for battered immi- ing countries with threatened tropical forests. commitment to giving young people opportuni- grant women and their children. In exchange, countries would make payments ties to advance themselves through higher Expiration of Section 245(i) of the Immigra- to an independently administered fund used to education. They have endowed an annual tion and Nationality Act (INA) forces many bat- conserve and restore tropical forests. This bill scholarship in memory of Reba's brother, Wal- tered immigrant women, with approved INS also permits a debt buyback mechanism to lace Lanz, who was killed in World War II. The petitions, to leave the U.S. to obtain their allow third parties to purchase debt for a ben- scholarship is given to support local high green cards. Expiration of Section 245(i) is eficiary country or permit the debtor country to school seniors as they enter college. Burl and contradictory to the intent of VAWA. Those repurchase its debt at a fair market value. Fur- Reba also counsel aspiring veterinarians women who have approved VAWA self-peti- thermore, this bill is fiscally sound. Any funds about their applications to veterinary colleges. tions have already shown INS that they would spent as a result of this bill are fully offset in Burl and Reba Pfander understand the impor- face ``extreme hardship'' by being forced to the appropriations process. tance of giving back to their community. leave the country. Traveling outside the United Again, I would like to thank the gentleman Fifty years ago, few people may have rec- States deprives these women of the protec- from Ohio (Mr. PORTMAN) for his hard work in ognized the significance of the wedding of Burl tions provided by legislation, court orders, cus- bringing this to fruition. In conclusion, this is a Pfander to Reba Lanz, but today few people tody decrees, and law enforcement agencies. E1374 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1998 Many battered women would be separated IN MEMORY OF EVERETT W. TRIBUTE TO FATHER TOM RUSH from their children for an undetermined HANNON, SR. amount of time if forced to leave the U.S. HON. HOWARD L. BERMAN Often these women are the sole caretakers of OF CALIFORNIA their children. There may be no one with HON. IKE SKELTON IN THE HOUSE OF REPRESENTATIVES whom the child could stay or they would, OF MISSOURI Tuesday, July 21, 1998 might remain in the custody of the abuser. If IN THE HOUSE OF REPRESENTATIVES Mr. BERMAN. Mr. Speaker, I rise today to a battered mother leaves the country, taking pay tribute to my dear friend Father Tom her children with her, she could lose custody Tuesday, July 21, 1998 Rush, pastor at Mary Immaculate Catholic of the children to the abuser under the Paren- Church in Pacoima. Father Rush is leaving Mr. SKELTON. Mr. Speaker, it is with great tal Kidnapping Prevention Act (PKPA). Forcing Pacoima for a leadership position in the inter- regret that I inform the Members of the House these battered immigrant women and mothers national order of Missionary Oblates of Mary of the passing of Everett W. Hannon, Sr., a Immaculate. Father Rush will be sorely missed to leave the country places their lives and the councilman from Lexington, MO, on July 17, lives of their children in danger. in the Northeast Valley. He is a figure beloved 1998. by people of all religious and ethnic back- We should reinstate our protection of bat- Mr. Hannon was a native of Lexington and grounds. tered immigrant women by allowing them to a graduate of Douglass High School. He en- I have had the good fortune of being with adjust their status to lawful permanent resi- tered the United States Army in 1952, and Father Rush on many occasions. One of the dency while in the U.S. in the same manner was honorably discharged in 1954. He served most memorable was earlier this year when I we allow immediate relatives of U.S. citizens on the Lexington City Council for over 20 attended dedication ceremonies for the rebuilt to adjust their status. This provision would pro- years, and was also employed with Allied sig- Mary Immaculate Church, which was de- vide battered immigrant women and their chil- nal as a Cost Reduction Representative for 25 stroyed in the Northridge Earthquake of 1994. dren with approved VAWA self-petitions to ac- years, until his retirement in May of 1993. The sanctuary was overflowing with church members and others who wanted to share the quire their green cards while remaining in the Mr. Hannon was an active member of the special day with Father Rush. That day I real- U.S. Lexington community. In addition to serving on ized as never before how much Father Rush the city council, he was Chairman and Treas- Other immigration provisions drastically al- means to our community. He has touched urer of the Lexington Park Board, Board and tered battered women's access to VAWA's countless lives through his spiritual guidance, Executive Board Member of Missouri Valley commitment to social justice and dedication to suspension of deportation/cancellation of re- Human Resource Development Corporation, helping at-risk youth. moval in two ways: it changed the way INS and a member of the American Legion, the Father Rush came to the Northeast Valley counts the number of years an immigrant has Lion's Club, and the Second Baptist church of in 1973, when he became priest at Santa been in the U.S. and applies these changes Lexington. retroactively to cases already filed, and it Rosa Church in San Fernando. In between Mr Hannon is survived by his wife Marjorie, other assignments he spent 13 years at Santa places a ``cap'' on the number of immigrants three sons, two brothers, three sisters, an Rosa, before moving over to Mary Immaculate who are allowed to receive green cards aunt, and seven grandchildren. in neighboring Pacoima in 1992. At both Santa through suspension of deportation/cancellation Mr. Speaker, Everett Hannon played many Rosa and Mary Immaculate, Father Rush, who of removal. important roles in the Lexington community, is of Irish descent, established an extraor- To apply for suspension of deportation/can- and he will be greatly missed by all who knew dinary rapport with his overwhelmingly Latino cellation of removal, a battered immigrant or him. congregants. It is entirely accurate to call Fa- child must have been in the U.S. for three ther Rush a leader in the burgeoning Latino years. Recent changes only count an immi- f community of the Northeast Valley. In recent years, Father Rush has been a grant's time in the U.S. up to the moment that TRIBUTE TO OFFICER CANDIDATE courageous and outspoken supporter of immi- INS becomes aware of their presence, regard- grant rights. Four years ago he carried an less of how long they remain in the United SCHOOL GRADUATE, SANDRA BERNAL American flag in a demonstration against States for deportation proceedings to con- Proposition 187. In 1995 he was part of a clude. This is especially detrimental to bat- group that met with Richard Rogers, District tered women immigrants because in most HON. STEVE R. ROTHMAN Director of the Immigration and Naturalization cases the abuser controls all mail and tele- Service, to demand a speedier citizenship phone correspondence addressed to the bat- OF NEW JERSEY process. Rogers promised he would try. tered spouse. These battered immigrants may IN THE HOUSE OF REPRESENTATIVES Father Rush's pending departure has cast a never know that INS had placed them in de- pall over our community. Though we wish him portation proceedings. Suspension of deporta- Tuesday, July 21, 1998 the best, we also know that he is irreplace- tion/cancellation of removal is an important able. Mr. ROTHMAN. Mr. Speaker, I rise today to I ask my colleagues to join me in saluting tool for these women who are unable to file honor my constituent, Sandra Bernal, on her Father Tom Rush, a man of warmth, compas- self-petitions for permanent residence because recent graduation from Officer Candidate sion and remarkable energy who has brought their self-petitions have been sabotaged by School (OCS). I am especially proud that Ms. joy and hope to many. spouses who divorce them or who report them Bernal, a resident of Teaneck, NJ, was award- f to the INS. Suspension of deportation/can- ed the Deputy Adjutant General Honor Grad- cellation of removal is often the only remedy uate commendation upon her completion of ISSUES FACING YOUNG PEOPLE available to battered immigrant women in this the program. Ms. Bernal's accomplishment is TODAY situation. a credit to her commitment to excellence and to her family and community. HON. BERNARD SANDERS We must restore the original manner of OF VERMONT counting years in the U.S. for battered immi- As a commissioned officer in the Armed Forces of the United States, Ms. Bernal will be IN THE HOUSE OF REPRESENTATIVES grants only. Additionally, we should stop the contributing her considerable skills and talents Tuesday, July 21, 1998 retroactive application of this new counting to enhance our Nation's defense. Those same Mr. SANDERS. Mr. Speaker, I would like to and reopen old deportation cases for VAWA- attributes that gained her a commendation eligible battered immigrants. have printed in the RECORD these statements during her OCS training will now, thankfully, by high school students from my home state Four years ago we passed VAWA strongly be brought to bear during her service in the of Vermont, who were speaking at my recent believing that battered immigrant women New Jersey Army and Air National Guard. town meeting on issues facing young people should have access to legal protections, be For her service to our Nation, her dedication today. I am inserting their statements in the able to flee violent homes, and control their to America's liberty and freedom, I applaud CONGRESSIONAL RECORD as I believe that the own immigration status and lives. Let us stand Ms. Bernal's achievement. In the finest sense, views of these young persons will benefit my by that position. she represents the best of America. colleagues. July 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1375

STATEMENT BY ISAAC EVANS-FRANTZ AND has visited the Vermont State House twice compete with Europe. Many people talk ALINA LYON REGARDING GAY-STRAIGHT for Teen Day at the legislature. The second about Japan and trying to compete with ISSUES visit, we facilitated a workshop in how to Japan, and this is going to be even bigger. ISAAC EVANS-FRANTZ: Growing up gay, les- start an alliance, and how to find the support There are a few things that we can do. We bian or bisexual can be very difficult in the needed to sustain an alliance. We are not could try and expand things, such as NAFTA, society that we live in. Many gay teenagers funded by the school for any of these activi- whereas Europe is moving more together, are subjected to homophobia every day of ties, and we have paid for our own expenses and North America could try and do similar their lives. 93 percent of Vermont educators by grants and donations. things. We could also try and work just with- reported that homophobic name-calling ISAAC EVANS-FRANTZ. There are still many in the United States, or just Canada, or the takes place with great frequency and inten- schools that provide little assistance for gay, rest of the parts of the world. The important sity in their schools. We can assure you that lesbian and bisexual students. We feel that things is not necessarily that we find a solu- these educators are absolutely correct. this support is important to their social and tion right now, but that we are at least Gays are frequently harassed at school, academic well-being. We would like to see aware that this exists and it is something we and many drop out as a result. Those kids our governments—local, state, and na- are going to have to deal with. It is better to who hide their sexual orientations because of tional—provide financial backing for schools start looking at these things now, before we fear sometimes suffer just as much. It is not to initiate gay-straight alliances. have a huge trade deficit with a country surprising that suicide is the leading cause Massachusetts has done just that. In 1992, now, instead of later. of death among gay youth. An overwhelming the Governor and Lt. Governor established a Thank you. commission to research problems affecting percent of gay and lesbian youth experience Congressman SANDERS: Scott, thanks very gay and lesbian youth. As a result, the Mas- severe social isolation. It is often difficult much. for these students to find the resources and sachusetts government offered monetary in- support that they need within their schools. centives for schools to start groups for gay The silence about homosexuality not only and lesbian and straight students. Hopefully, STATEMENT BY DANIEL NELSON REGARDING affects gays, but affects our entire society. the work of Massachusetts will serve as a TROUBLED TEENS We are caught in a cycle of fear and hatred, model for Vermont and the country. DANIEL NELSON: Thank you, Mr. Sanders, which comes from ignorance. It is obvious Our state has made progress towards mak- fellow youth. I apologize, I have a little bit that the bigoted remarks about gays that ing schools safer for gay students. In March, of a cold I’m getting over. are so prevalent in our hallways are the re- our Governor and Commissioner of Edu- An issue that has been big on my mind is sult of an education we have not had. cation wrote a letter to Vermont school a lot of young people that are placed under ALIANA LYON: Prism, Brattleboro’s Gay- principals urging them to stop the harass- state’s custody. Young people that aren’t Straight Alliance, was started two years ago ment of gay and lesbian students. He re- necessarily troublemakers are getting into as the answer to an urgent need of support minded schools that Vermont law requires trouble and have troubles at home. I was one for gay, lesbian and bisexual youth. The every school to maintain a policy prohibit- of those young people. I am still young, but Gay-Straight Alliance is open to all who ing the harassment, including harassment of not in that position anymore. I was placed in wish to attend, and sexual orientation is not homosexuals. a group home, not in a foster home, but We hope that one day, gay and straight al- discussed unless initiated by the students. there are problems with both. The Alliance plays two major roles—it acts liances will no longer be necessary. Until then, we ask that our schools, our state, and A lot of the times, young people are taken as a support group and an activist group. out of a home environment that might not Our group is composed of about twenty our nation take an active role in making our necessarily be good. They can escape from students and is supported by trusted fac- schools places where all students are safe, physical abuse, but they don’t escape mental ulties and community members. Prism is a valued, and respected. abuse. There are a lot of restrictions put on comfortable atmosphere of caring people Congressman SANDERS: A very good job. these young people, when, really, they don’t where issues of harassment, sexuality, need restrictions; they need to be encour- homophobia and personal fears are freely STATEMENT BY SCOTT RADIMER REGARDING aged, shown that they can succeed, and that discussed. When we are not sharing stories or THE E.U. AND FREE TRADE they do have potential. That is the last thing concerns, we are planning our next project to SCOTT RADIMER: Good afternoon, for those these young people get in group homes and a make people aware of homophobia in our of you that are left. lot of foster homes. school or society. I would like to take this chance today to We started working within our school first. talk about something that I found most peo- I am not a person that likes to whine about We led discussions on homophobia in the ple don’t know about, which is the European things; I like to do things and make changes. freshman health classes, trying to create an Union, 15 countries in Europe, including This is something I don’t know how to awareness of our group’s existence and the England, Germany, Italy and France, along change myself, at least at this point in my social issue. To involve the community, we with others who are joining together—this life. After college, I hope to try and do that. showed an educational video called ‘It’s Ele- has been in the works for the last 40 years, But my suggestion would be if there is some mentary.’’ It discusses homosexuality with I think, moving towards one market, one way that these group homes and foster elementary school children, asking them currency, and becoming one economic power. homes could be evaluated more effectively. what they think the definition of gay, les- As this has gone along, it has become one These people that are condescending, say bian or bisexuality means. It is followed by of the biggest markets in the world. The mean, hurtful things, and impose restric- a sharing of experiences, ideas and informa- gross domestic product of the European tions that are really not necessary, that they tion. Union in 1992 was higher than that of the be removed from these environments. They We have visited other gay straight alli- United States or Japan. The reason that this are damaging young people that could be ances in Vermont and Massachusetts to in- is important, it is not affecting us right now, very effective in society, and I think would form each other of events happening, along but it will be affecting us in years to come, like to, if given the opportunity. with difficulties and successes of having an when I am in the work force, when the rest And that is about all I have to say. alliance in public schools. Statewide, Prism of us are, is that we are going to have to Congressman SANDERS: Thank you. Tuesday, July 21, 1998 Daily Digest

HIGHLIGHTS Senate passed Legislative Branch Appropriations. Senate By 83 yeas to 16 nays (Vote 213), three-fifths of Chamber Action those Senators duly chosen and sworn having voted Routine Proceedings, pages S8595–S8688 in the affirmative, Senate agreed to close further de- Measures Introduced: Eight bills were introduced, bate on the bill. Page S8600 as follows: S. 2332–2339. Page S8658 Subsequently, McCain Amendment No. 3225, to Measures Reported: Reports were made as follows: make available on the Internet, for purposes of access Report to accompany S. 1301, Consumer Bank- and retrieval by the public, certain information avail- ruptcy Reform Act. (S. Rept. No. 105–253) able through the Congressional Research Service web S. 2333, making appropriations for the govern- site, was ruled out of order as being non-germane ment of the District of Columbia and other activities when cloture was invoked. Pages S8600±01 chargeable in whole or in part against the revenues Senate insisted on its amendments, requested a of said District for the fiscal year ending September conference with the House thereon, and the Chair 30, 1999, and for other purposes. (S. Rept. No. appointed the following conferees on the part of the 105–254) Senate: Senators Bennett, Stevens, Craig, Cochran, S. 2334, making appropriations for foreign oper- Dorgan, Boxer, and Byrd. Page S8687 ations, export financing, and related programs for Commerce, Justice, State Appropriations, 1999: the fiscal year ending September 30, 1999. (S. Rept. Senate resumed consideration of S. 2260, making ap- No. 105–255) propriations for the Departments of Commerce, Jus- S. 2206, to amend the Head Start Act, the Low- tice, and State, the Judiciary, and related agencies for Income Home Energy Assistance Act of 1981, and the fiscal year ending September 30, 1999, taking the Community Services Block Grant Act to reau- action on amendments proposed thereto, as follows: thorize and make improvements to those Acts, to es- Pages S8604±53 tablish demonstration projects that provide an op- Adopted: portunity for persons with limited means to accumu- Coats Amendment No. 3227, to establish a prohi- late assets, with an amendment in the nature of a bition on commercial distribution on the World substitute. (S. Rept. No. 105–256) Wide Web of material that is harmful to minors. H.R. 1836, to amend chapter 89 of title 5, Pages S8610±14 United States Code, to improve administration of McCain Amendment No. 3228 (to Amendment sanctions against unfit health care providers under No. 3227), to direct the Federal Communications the Federal Employees Health Benefits Program, Commission to study systems for filtering or block- with amendments. (S. Rept. No. 105–257) ing matter on the Internet, and to require the instal- Pages S8657±58 lation of such system on computers in schools and Measures Passed: libraries with Internet access. Pages S8610±14 Legislative Branch Appropriations, 1999: By 90 McCain/Burns Modified Amendment No. 3229, yeas to 9 nays (Vote No. 214), Senate passed H.R. to promote competition in the market for delivery of 4112, making appropriations for the Legislative multichannel video programming. Branch for the fiscal year ending September 30, Pages S8615±16, S8639±40 1999, as amended. Pages S8600±01, S8687 By 72 yeas to 28 nays (Vote No. 215), Craig/ During consideration of this measure today, Senate Hatch Amendment No. 3238, to provide for fire- also took the following action: arms safety. Pages S8631±34 D800 July 21, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D801 Smith, of New Hampshire, Amendment No. the Committee on Banking, Housing, and Urban 3233, to require the destruction of information sub- Affairs. (PM–146). Page S8656 mitted by or on behalf of any person who has been Nominations Received: Senate received the follow- determined not to be prohibited from owning a fire- ing nominations: arm, and to prohibit the use of funds for the imple- Thomasina V. Rogers, of Maryland, to be a Mem- mentation of a gun tax. Pages S8625±26, S8635±38 ber of the Occupational Safety and Health Review By 69 yeas to 31 nays (Vote No. 217), Smith, of Commission for a term expiring April 27, 2003. New Hampshire, Amendment No. 3234 (to Amend- Ritajean Hartung Butterworth, of Washington, to ment No. 3233), of a perfecting nature. be a Member of the Board of Directors of the Cor- Pages S8625±26, S8635±38 poration for Public Broadcasting for a term expiring Durbin Modified Amendment No. 3240, to pro- January 31, 2004. hibit foreign nationals admitted to the United States Bernard Daniel Rostker, of Virginia, to be Under under a nonimmigrant visa from possessing a fire- Secretary of the Army. arm. Pages S8640±42 John Melvin Yates, of Washington, a Career Rejected: Member of the Senior Foreign Service, Class of Min- Boxer/Kohl Amendment No. 3230, to improve ister-Counselor, to serve concurrently and without the safety of handguns by requiring child safety additional compensation as Ambassador of the locks. (By 61 yeas to 39 nays (Vote No. 216), Senate United States of America to the Republic of Equa- tabled the amendment.) torial Guinea. Pages S8616±25, S8627±29, S8631±35 Robert C. Randolph, of Washington, to be an As- Withdrawn: sistant Administrator of the Agency for International Boxer Amendment No. 3231 (to Amendment No. Development. 3230), of a perfecting nature. Sylvia M. Mathews, of West Virginia, to be Dep- Pages S8616±25, S8627±31 uty Director of the Office of Management and Budg- Lott motion to commit the bill to the Committee et. on the Judiciary with instructions to report back James A. Tassone, of Florida, to be United States forthwith in status quo with a Lott Amendment No. Marshal for the Southern District of Florida for the 3235, to provide for firearms safety, and the follow- term of four years. ing amendments proposed thereto: Pages S8629, S8631 Scott Richard Lassar, of Illinois, to be United Lott Amendment No. 3236 (to the instructions), States Attorney for the Northern District of Illinois to provide for firearms safety. (The amendment fell for the term of four years. when the motion to commit was withdrawn) Leigh A. Bradley, of Virginia, to be General Pages S8629±31 Counsel, Department of Veterans Affairs. Lott Amendment No. 3237 (to Amendment No. 1 Army nomination in the rank of general. 3236), of a perfecting nature. (The amendment fell Page S8687 when the motion to commit was withdrawn) Nominations Withdrawn: Senate received notifica- Pages S8630±31 tion of the withdrawal of the following nominations: Pending: Thomasina V. Rogers, of Maryland, to be a Mem- Bumpers Modified Amendment No. 3243, to ber of the Occupational Safety and Health Review amend the Federal Rules of Criminal Procedure, re- Commission for the remainder of the term expiring lating to counsel for witnesses in grand jury proceed- April 27, 2001, which was sent to the Senate on ings. Pages S8644±48 June 24, 1998. Graham/DeWine Amendment No. 3244, to mod- Bernard Daniel Rostker, of Virginia, to be an As- ify the definition of the term ‘‘public aircraft’’. sistant Secretary of Defense, which was sent to the Pages S8650±52 Senate on April 2, 1998. Pages S8687±88 A unanimous-consent agreement was reached pro- Messages From the President: Page S8656 viding for further consideration of the pending Messages From the House: Pages S8656±57 amendments on Wednesday, July 22, 1998, with votes to occur thereon. Pages S8645±46 Measures Referred: Page S8657 Messages From the President: Senate received the Measures Placed on Calendar: Page S8657 following messages from the President of the United Statements on Introduced Bills: Pages S8658±76 States: Additional Cosponsors: Pages S8676±77 Transmitting the report concerning the national emergency with respect to terrorists who threaten to Amendments Submitted: Pages S8677±83 disrupt the Middle East Peace Process; referred to Notices of Hearings: Pages S8683±84 D802 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 1998

Authority for Committees: Page S8684 partment of Transportation distribute financial as- sistance or discretionary funds to states, municipali- Additional Statements: Pages S8684±87 ties, and other eligible entities, after receiving testi- Record Votes: Five record votes were taken today. mony from Kenneth M. Mead, Inspector General, (Total—217) Pages S8600±01, S8634±35, S8638 and Kenneth R. Wykle, Administrator, Federal Senate convened at 9 a.m., and ad- Highway Administration, both of the Department of Adjournment: Transportation; and Johnnie E. Frazier, Acting In- journed at 8:55 p.m., until 9:30 a.m., on Wednes- spector General, and W. Scott Gould, Chief Finan- day, July 22, 1998. (For Senate’s program, see the cial Officer and Assistant Secretary for Administra- remarks of the Acting Majority Leader in today’s tion, both of the Department of Commerce. Record on page S8687) BUSINESS MEETING Committee Meetings Committee on Finance: Committee ordered favorably reported an original bill to encourage increased trade (Committees not listed did not meet) and economic cooperation between the United States APPROPRIATIONS—FOREIGN ASSISTANCE/ and sub-Saharan African countries, to extend duty- DISTRICT OF COLUMBIA free treatment under the Generalized System of Pref- Committee on Appropriations: Committee ordered favor- erences, to extend preferential treatment to certain ably reported the following bills: products imported from Caribbean Basin countries, An original bill (S. 2333) making appropriations to extend tariff proclamation authority and fast track for the government of the District of Columbia and procedures for congressional consideration of certain other activities chargeable in whole or in part trade agreements, to extend certain trade adjustment against the revenues of said District for the fiscal assistance programs, to bolster United States efforts year ending September 30, 1999; and to eliminate barriers to American agricultural ex- ports, to approve and implement the OECD Ship- An original bill (S. 2334) making appropriations building Trade Agreement, to extend permanent for foreign operations, export financing, and related normal trade relations tariff treatment to imports programs for the fiscal year ending September 30, from Mongolia, and to reduce or suspend duties on 1999. imports of certain types of wool fabric in order to NOMINATIONS correct an inversion in the tariff schedule. (As ap- Committee on Armed Services: Committee met in closed proved by the committee, the bill incorporates cer- session to consider pending nominations, but made tain provisions of S. 219, S. 343, S. 1216, S. 1269, no announcements, and will meet again tomorrow. S. 1278, S. 1457, S. 2047, and H.R. 1432.) MONETARY POLICY CONTRACEPTIVE INSURANCE COVERAGE Committee on Banking, Housing, and Urban Affairs: Committee on Labor and Human Resources: Committee Committee concluded hearings to examine the Fed- concluded hearings on S. 766, to require equitable eral Reserve’s monetary policy and economic outlook coverage of prescription contraceptive drugs and de- report to Congress, after receiving testimony from vices and contraceptive services under health plans, Alan Greenspan, Chairman, Board of Governors of after receiving testimony from Senators Snowe and the Federal Reserve System. Reid; Maryland State Delegate Sharon Grosfeld, PERSONAL SAVINGS ACCOUNTS Kensington; and Gloria Feldt, Planned Parenthood Committee on the Budget: Committee concluded hear- Federation of America, and Richard H. Schwarz, ings to examine the administration of proposed per- New York Methodist Hospital, on behalf of the sonal savings accounts within the Social Security sys- American College of Obstetricians and Gyne- tem, after receiving testimony from Francis X. cologists, both of New York, New York. Cavanaugh, former Executive Director and Chief Ex- ecutive Officer, Federal Retirement Thrift Invest- NOMINATIONS ment Board; James S. Phalen, State Street Bank and Committee on Rules and Administration: Committee Trust Company, Boston, Massachusetts; and Fred T. concluded hearings on the nominations of Scott E. Goldberg, Jr., Skadden, Arps, Slate, Meagher & Thomas, of the District of Columbia, David M. Flom, Washington, D.C. Mason, of Virginia, Darryl R. Wold, of California, and Karl J. Sandstrom, of Washington, each to be DISCRETIONARY FUNDING PROGRAMS a Member of the Federal Election Commission, after Committee on Commerce, Science, and Transportation: the nominees testified and answered questions in Committee concluded hearings to examine the proc- their own behalf. Mr. Wold was introduced by Rep- ess by which the Department of Commerce and De- resentative Thomas. July 21, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D803 House of Representatives grants, $10 million for building technology pro- Chamber Action grams, $5 million for industry programs, and $5 Bills Introduced: 15 public bills, H.R. 4280–4294; million for transportation programs (rejected by a re- 1 private bill, H.R. 4295; and 2 resolutions, H. corded vote of 212 ayes to 213 noes, Roll No. 313); Con. Res. 304 and H. Res. 507, were introduced. and Pages H6009±14, H6035 Pages H6069±70 The McGovern amendment that sought to provide Reports Filed: A report was filed as follows: $30 million for the state side program of the Land H.R. 1689, to amend the Securities Act of 1933 and Water Conservation Fund (rejected by a re- and the Securities Exchange Act of 1934 to limit the corded vote of 203 ayes to 221 noes, Roll No. 315); conduct of securities class actions under State law, Pages H6026±29, H6036±37 amended (H. Rept. 105–640). Page H6069 Point of Order sustained against provisions in the bill on the National Endowment for the Arts (subse- Speaker Pro Tempore: Read a letter from the quently the House agreed to the Johnson of Con- Speaker wherein he designated Representative Deal necticut amendment that restored funding to the to act as Speaker pro tempore for today. Page H5959 NEA). Pages H5998±99 Guest Chaplain: The prayer was offered by the Withdrawn: guest Chaplain, Rev. Dr. Kevin Shrum of Nashville, The Ensign amendment was offered but subse- Tennessee. Page H5967 quently withdrawn that sought to increase funding Recess: The House recessed at 9:50 a.m. and recon- for the Lake Tahoe Basin by $5.3 million; and vened at 10:00 a.m. Page H5967 Pages H6047±48 The Furse amendment numbered 8 in the Con- Motion to Adjourn: Rejected the Yates motion to gressional Record was offered but subsequently with- adjourn by a yea and nay vote of 7 yeas to 382 nays, drawn that sought to reduce by $80.5 million the Roll No. 309. Pages H5971±72 funding for the Forest Service’s timber program and Interior Appropriations: The House completed reallocate it to watershed improvements and recre- general debate and began considering amendments ation management. Pages H6048±50 to H.R. 4193, making appropriations for the De- H. Res. 504, the rule that is providing for consid- partment of the Interior and related agencies for the eration of the bill, was agreed to by a recorded vote fiscal year ending September 30, 1999. of 224 ayes to 191 noes, Roll No. 311. Earlier, Pages H5981±H6052 agreed to order the previous question by a yea and Agreed To: nay vote of 223 yeas to 196 nays, Roll No. 310. The Johnson of Connecticut amendment made in Pages H5970±80 order by the rule that restores $98 million funding Presidential Veto Message—Education Savings to the National Endowment of the Arts (agreed to Act: Read a message from the President wherein he by a recorded vote of 253 ayes to 173 noes, Roll No. announced his veto of H.R. 2646, to amend the In- 312); Pages H5999±H6008 ternal Revenue Code of 1986 to allow tax-free ex- The Sanford amendment that makes technical cor- penditures from education individual retirement ac- rections to a set of maps entitled the ‘‘Coastal Bar- counts for elementary and secondary school expenses, rier Resources System’’; Page H6022 to increase the maximum annual amount of con- The Miller of California amendment that increases tributions to such accounts. Agreed to refer the bill National Park Service funding by $2 million for the and veto message to the Committee on Ways and Urban Park and Recreation Fund; and Pages H6022±26 Means and ordered printed (H. Doc. 105–287). The Sanders amendment numbered 6 and printed Page H6052 in the Congressional Record that increases funding for Bureau of Land Management Payments In Lieu Suspension—Securities Litigation Standards: The of Taxes (PILT) funding by $20 million (agreed to House completed consideration of the motion to sus- by a recorded vote of 241 ayes to 185 noes, Roll No. pend the rules and pass H.R. 1689, amended, to 314). Pages H6015±20, H6036 amend the Securities Act of 1933 and the Securities Rejected: Exchange Act of 1934 to limit the conduct of secu- The Skaggs amendment that sought to increase rities class actions under State law. The vote was funding for energy conservation funding by $40 mil- postponed. Pages H6052±64 lion with $16 million for weatherization assistance Presidential Message—Terrorists: Read a message grants, $4 million for State energy conservation from the President wherein he submitted a report on D804 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 1998 the developments concerning the national emergency amended, Postal Service Health and Safety Pro- with respect to terrorists who threaten to disrupt the motion Act; H.R. 2623, to designate the United Middle East peace process—referred to International States Post Office located at 16250 Highway 603 in Relations and ordered printed (H. Doc. 105–288). Kiln, Mississippi, as the ‘‘Ray J. Favre Post Office Pages H6064±65 Building’’; H.R. 3167, to designate the United Amendments: Amendments ordered printed pursu- States Post Office located at 297 Larkfield Road in ant to the rule appear on page H6071. East Northport, New York, as the ‘‘Jerome Anthony Ambro, Jr. Post Office Building’’; H.R. 4052, to es- Quorum Calls—Votes: Two yea and nay votes and tablish designations for United States Postal Service five recorded votes developed during the proceedings buildings located in Coconut Grove, Opa Locka, of the House today and appear on pages H5971–72, H5979–80, H5980, H6007–08, H6035, H6036, Carol City, and Miami, Florida; H.R. 3810, to des- and H6036–37. There were no quorum calls. ignate the United States Post Office located at 202 Center Street in Garwood, New Jersey, as the ‘‘James Adjournment: Met at 9:00 a.m. and adjourned at T. Leonard, Sr. Post Office’’; H.R. 3939, to des- 9:23 p.m. ignate the United States Postal Service building lo- cated at 658 63rd Street, Philadelphia, Pennsylvania, Committee Meetings as the ‘‘Edgar C. Campbell, Sr., Post Office Build- ENERGY POLICY ACT AMENDMENTS ing’’; H.R. 3999, to designate the United States Postal Service building located at 5209 Greene Committee on Commerce: Subcommittee on Energy and Street, Philadelphia, Pennsylvania, as the ‘‘David P. Power held a hearing on H.R. 2568, Energy Policy Richardson, Jr., Post Office Building’’; H.R. 4000, Act Amendments of 1997. Testimony was heard amended, to designate the United States Postal Serv- from Thomas Gross, Deputy Assistant Secretary, ice building located at 400 Edgmont Avenue, Ches- Transportation Technologies, Department of Energy; ter, Pennsylvania, as the ‘‘Thomas P. Foglietta Post and public witnesses. Office Building’’; H.R. 4001, to designate the ELECTRONIC COMMERCE United States Postal Service building located at Committee on Commerce: Subcommittee on Tele- 2601 North 16th Street, Philadelphia, Pennsylvania, communications, Trade, and Consumer Protection as the ‘‘Roxanne H. Jones Post Office Building’’; continued hearings on Electronic Commerce: Privacy H.R. 4002, to designate the United States Postal in Cyberspace, focusing on data privacy measures, in- Service building located at 5300 West Jefferson cluding H.R. 2368, Data Privacy Act of 1997. Tes- Street, Philadelphia, Pennsylvania, as the ‘‘Freeman timony was heard from the following officials of the Hankins Post Office Building’’; and H.R. 4003, to FTC: Robert Pitofsky, Chairman; Orson Swindle, designate the United States Postal Service building Sheila F. Anthony and Mozelle W. Thompson, all located at 2037 Chestnut Street, Philadelphia, Penn- Commissioners; and public witnesses. sylvania, as the ‘‘Max Weiner Post Office Building’’. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on Government Reform and Oversight: Sub- committee on Civil Service approved for full Com- Committee on International Relations: Favorably consid- mittee action the following bills: H.R. 2526, to ered the following measures and adopted a motion amend title 5, United States Code, to make the per- urging the Chairman to request that they be consid- centage limitations on individual contributions to ered on the Suspension Calendar: H.J. Res. 125, the Thrift Savings Plan more consistent with the amended, finding the Government of Iraq in mate- dollar amount limitation on elective deferrals; H.R. rial and unacceptable breach of its international obli- 2566, Civil Service Retirement System Actuarial Re- gations; H.R. 4095, International Arms Sales Code deposit Act of 1997; H.R. 4280, to provide for of Conduct Act of 1998; H. Res. 459, commemorat- greater access to child care services for Federal em- ing 50 years of relations between the United States ployees; and H.R. 2943, to amend title 5, United and the Republic of Korea; H. Con. Res. 277, con- States Code, to increase the amount of leave time cerning the New Tribes Mission hostage crisis; H. available to a Federal employee in any year in con- Res. 469, amended, expressing the sense of the nection with serving as an organ donor. House of Representatives regarding assistance to Mexico to combat wildfires; H. Con. Res. 292, call- MISCELLANEOUS MEASURES ing for an end to the recent conflict between Eritrea Committee on Government Reform and Oversight: Sub- and Ethiopia; H. Con. Res. 224, urging international committee on Postal Service approved for full Com- cooperation in recovering children abducted in the mittee action the following bills: H.R. 3725, United States and taken to other countries; H. Res. July 21, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D805 421, expressing the sense of the House of Represent- Chief, National Forest System, Forest Service, atives deploring the tragic and senseless murder of USDA; and public witnesses. Bishop Juan Jose Gerardi, calling on the Govern- OVERSIGHT—COMMUNITY COLLEGES ment of Guatemala to expeditiously bring those re- sponsible for the crime to justice, and calling on the Committee on Science: Subcommittee on Technology people of Guatemala to reaffirm their commitment held an oversight hearing on Community Colleges in to continue to implement the peace accords without the 21st Century: Tackling Technology. Testimony interruption; and H. Con. Res. 254, calling on the was heard from public witnesses. Government of Cuba to extradite to the United ECONOMIC DEVELOPMENT PARTNERSHIP States convicted felon Joanne Chesimard and all ACT other individuals who have fled the United States to avoid prosecution or confinement for criminal of- Committee on Transportation and Infrastructure: Sub- fenses and who are currently living freely in Cuba. committee on Public Buildings and Economic De- velopment approved for full Committee action the MISCELLANEOUS MEASURES following: 8 Courthouse Construction prospectuses; Committee on the Judiciary: Ordered reported amended U.S. Mission to the United Nations prospectus; 5 the following bills: H.R. 3898, Speed Trafficking 11–B resolutions; H.R. 4275, Economic Develop- Life in Prison Act of 1998; H.R. 2592, Private ment Partnership Act of 1998; H.R. 3482, to des- Trustee Reform Act of 1997; and H.R. 2070, Cor- ignate the Federal building located at 11000 rection Officers Health and Safety Act of 1997. Wilshire Boulevard in Los Angeles, California, as the The Committee began mark up of H.R. 3789, ‘‘Abraham Lincoln Federal Building’’; H.R. 3598, to Class Action Jurisdiction Act of 1998. designate the Federal building located at 700 East Will continue July 28. San Antonio Street in El Paso, Texas, as the ‘‘Rich- ard C. White Federal Building’’; and S. 2032, MISCELLANEOUS MEASURES amended, to designate the Federal building in Ju- Committee on Resources: Subcommittee on Energy and neau, Alaska, as the ‘‘Hurff A. Saunders Federal Mineral Resources held a hearing on the following Building’’. bills: H.R. 1467, to provide for the continuance of ECONOMIC INTELLIGENCE oil and gas operations pursuant to certain existing Permanent Select Committee on Intelligence: Met in execu- leases in the Wayne National Forest; H.R. 3878, to tive session to hold a hearing on Economic Intel- subject certain reserved mineral interests of the oper- ligence. Testimony was heard from departmental ation of the Mineral Leasing Act; and H.R. 3972, to witnesses. amend the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from charging f State and local government agencies for certain uses COMMITTEE MEETINGS FOR of the sand, gravel, and shell resources of the Outer WEDNESDAY, JULY 22, 1998 Continental Shelf. Testimony was heard from Rep- resentative Pickett; the following officials of the De- (Committee meetings are open unless otherwise indicated) partment of the Interior: Carol Hartgen, Chief, Of- Senate fice of International Activities and Marine Minerals, Committee on Agriculture, Nutrition, and Forestry, to hold Minerals Management Service; and Carson W. Culp, hearings to examine how the Year 2000 computer conver- Assistant Director, Minerals, Realty and Resources sion will affect agricultural businesses, 9 a.m., SR–332. Protection, Bureau of Land Management; and Meyera Committee on Armed Services, business meeting, to con- E. Oberndorf, Mayor, Virginia Beach, State of Vir- sider the nomination of Daryl L. Jones, to be the Sec- ginia. retary of the Air Force, 10 a.m., SR–222. Committee on Banking, Housing, and Urban Affairs, to MISCELLANEOUS MEASURES hold hearings to examine the 1946 Swiss Holocaust As- Committee on Resources: Subcommittee on Forests and sets Agreement, 10 a.m., SD–538. Forest Health held a hearing on the following bills: Committee on Energy and Natural Resources, to hold hear- H.R. 4021, Interstate 90 Land Exchange Act of ings on the nomination of Bill Richardson, of New Mex- ico, to be Secretary of Energy, 9:30 a.m., SH–216. 1998; and H.R. 4023, to provide for the conveyance Subcommittee on Forests and Public Land Manage- of the Forest Service property in Kern County, Cali- ment, to hold hearings on S. 2136, to provide for the ex- fornia, in exchange for county lands suitable for in- change of certain land in the State of Washington, S. clusion in Sequoia National Forest. Testimony was 2226, to amend the Idaho Admission Act regarding the heard from Representatives Thomas and Hastings of sale or lease of school land, H.R. 2886, to provide for a Washington; Gloria Manning, Associate Deputy demonstration project in the Stanislaus National Forest, D806 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 1998

California, under which a private contractor will perform Subcommittee on Financial Institutions and Consumer multiple resource management activities for that unit of Credit and the Subcommittee on Housing and Commu- the National Forest System, and H.R. 3796, to convey nity Opportunity, joint hearing on the Real Estate Settle- the administrative site for the Rogue River National For- ment Procedures Act, the Truth in Lending Act, and re- est and use the proceeds for the construction or improve- forms to mortgage lending disclosure requirements, 2 ment of offices and support buildings for the Rogue p.m., 2128 Rayburn. River National Forest and the Bureau of Land Manage- Committee on Commerce, Subcommittee on Telecommuni- ment, 2 p.m., SD–366. cations, Trade, and Consumer Protection, to mark up the Committee on Environment and Public Works, business following bills: H.R. 3844, Wireless Communications meeting, to consider pending calendar business, 9 a.m., and Public Safety Act of 1998; and H.R. 2901, to im- SD–406. prove cellular telephone service in selected rural areas and Committee on Finance, to hold hearings to examine new to achieve equitable treatment of certain cellular license directions in retirement security policy, focusing on social applicants, 10:30 a.m., 2123 Rayburn. security, pensions, personal savings and work, 9:30 a.m., Committee on Education and the Workforce, to mark up the SD–215. following: H.R. 4257, to amend the Fair Labor Standards Committee on Foreign Relations, to hold hearings on the Act of 1938 to permit certain youth to perform certain nominations of David G. Carpenter, of Virginia, to be work with wood products; H.R. 4241, Head Start Assistant Secretary of State for Diplomatic Security, and Amendments of 1998; and H.R. 4271, Community Serv- to be Director of the Office of Foreign Missions, and to ices Authorization Act of 1998; and to consider pending have the rank of Ambassador during his tenure of service, Committee business, 11 a.m., 2175 Rayburn. Bert T. Edwards, of Maryland, to be Chief Financial Offi- Committee on Government Reform and Oversight, Sub- cer, Department of State, and Jonathan H. Spalter, of the committee on Human Resources, hearing on Medicare District of Columbia, to be an Associate Director (Bureau Home Health Agencies: Still No Surety Against Fraud of Information) of the United States Information Agency, and Abuse, 10 a.m., 2247 Rayburn. 4 p.m., SD–419. Subcommittee on National Security, International Af- Committee on Labor and Human Resources, business meet- fairs, and Criminal Justice, hearing on Drug Treatment ing, to mark up S. 1380, to amend the Elementary and Programs: Making Treatment Work, 10 a.m., 2154 Ray- Secondary Education Act of 1965 regarding charter burn. schools, S. 2112, to make the Occupational Safety and Committee on International Relations, to mark up the fol- Health Act of 1970 applicable to the United States Postal lowing measures: H. Con. Res. 292, calling for an end Service in the same manner as any other employer, and to the recent conflict between Eritrea and Ethiopia; the S. 2213, to allow all States to participate in activities Africa: Seeds of Hope Act of 1998; H. Res. 415, to pro- under the Education Flexibility Partnership Demonstra- mote independent radio broadcasting in Africa; H.R. tion Act, 9:30 a.m., SD–430. 3743, Iran Nuclear Proliferation Prevention Act of 1998; Committee on Rules and Administration, business meeting, H. Res. 362, commending the visit of His Holiness Pope to consider pending nominations, 2 p.m., SR–301. John Paul II to Cuba; and H. Res. 475, recognizing the Committee on Indian Affairs, to hold joint hearings with importance of achieving the goal of the 1997 Microcredit the House Resources Committee on S. 1770, to elevate Summit to provide access to microcredit to 100,000 of the position of Director of the Indian Health Service to the world’s poorest families, 11 a.m., 2172 Rayburn. Assistant Secretary of Health and Human Services, and to Subcommittee on International Economic Policy and provide for the organizational independence of the Indian Trade, hearing on The U.S. and its Trade Deficit: Restor- Health Service within the Department of Health and ing the Balance, 1:30 p.m., 2200 Rayburn. Human Services, and H.R. 3782, to compensate certain Committee on the Judiciary, hearing on H.R. 3081, Hate Indian tribes for known errors in their tribal trust fund Crimes Prevention Act of 1997, 10 a.m., 2141 Rayburn. accounts, and to establish a process for settling other dis- Subcommittee on the Constitution, to mark up H.R. putes regarding tribal trust fund accounts, 9 a.m., 4006, Lethal Drug Abuse Prevention Act of 1998, 2 SD–106. p.m., 2226 Rayburn. Committee on Resources, to consider the following bills: House H.R. 1042, to amend the Illinois and Michigan Canal Committee on Agriculture, hearing to review the 1999 Heritage Corridor Act of 1984 to extend the Illinois and Multilateral Negotiations on Agricultural Trade-Western Michigan Canal Heritage Corridor Commission; H.R. Hemisphere, 10 a.m., 1300 Longworth. 2223, Education Land Grant Act; H.R. 3047, to author- Committee on Appropriations, to mark up the following ize expansion of Fort Davis National Historic Site in Fort appropriations for fiscal year 1999: Foreign Operations, Davis, Texas; H.R. 3055, to deem the activities of the Export Financing and Related Programs; and Transpor- Miccosukee Tribe on the Tamiami Indian Reservation to tation, 10 a.m., 2359 Rayburn. be consistent with the purposes of the Everglade National Committee on Banking and Financial Services, Subcommit- Park; H.R. 3109, Thomas Cole National Historic Site tee on Domestic and International Monetary Policy, hear- Act; H.R. 3498, Dungeness Crab Conservation and Man- ing on the Conduct of Monetary Policy, 10 a.m., 2128 agement Act; H.R. 3625, San Rafael Swell National Her- Rayburn. itage and Conservation Act; and H.R. 3903, Glacier Bay July 21, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D807

National Park Boundary Adjustment Act of 1998, 11 Permanent Select Committee on Intelligence, executive, brief- a.m., 1324 Longworth. ing on Committee business; and, executive, to consider Committee on Rules, to consider H.R. 4276, making ap- the Access and Bosnia Report, 2 p.m., H–405 Capitol. propriations for the Department of Commerce, Justice, Subcommittee on Human Intelligence, Analysis, and and State, the Judiciary, and related agencies for the fiscal Counterintelligence, executive, hearing on Counterintel- year ending September 30, 1999; and to hold a hearing ligence, 3 p.m., H–405 Capitol. on H. Res. 503, amending the Rules of the House of Representatives to provide for mandatory drug testing of Joint Meetings Members, officers, and employees of the House of Rep- Joint Hearing: Senate Committee on Indian Affairs, to resentatives, 3 p.m., H–313 Capitol. hold joint hearings with the House Resources Committee Committee on Small Business, Subcommittee on Regu- on S. 1770, to elevate the position of Director of the In- latory Reform and Paperwork, hearing on the potential dian Health Service to Assistant Secretary of Health and impacts on the small business community of restructuring Human Services, and to provide for the organizational the electric utility industry, 2 p.m., 311 Cannon. independence of the Indian Health Service within the De- Committee on Veterans’ Affairs, hearing on benefits for partment of Health and Human Services, and H.R. 3782, Filipino veterans, 10 a.m., 334 Cannon. to compensate certain Indian tribes for known errors in Committee on Ways and Means, Subcommittee on Social their tribal trust fund accounts, and to establish a process Security, hearing to examine labor-management relations for settling other disputes regarding tribal trust fund ac- at the SSA, 10 a.m., 1100 Longworth. counts, 9 a.m., SD–106. D808 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 22 10 a.m., Wednesday, July 22

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.J. Res. ation of S. 2260, Commerce, Justice, State Appropria- 121, Disapproving the Extension of Nondiscriminatory tions, 1999. Treatment to the Products of the People’s Republic of China (Four Hours General Debate); Consideration of H.R. 4193—Department of the Inte- rior and Related Agencies Appropriations Act, 1999 (Complete Consideration); and Consideration of H.R. 4194, Departments of Veterans Affairs, Housing and Urban Development, and Independ- ent Agencies Appropriations Act, 1999 (Continue Con- sideration).

Extensions of Remarks, as inserted in this issue

HOUSE Goodling, William F., Pa., E1368 Rothman, Steve R., N.J., E1374 Hansen, James V., Utah, E1368 Sanders, Bernard, Vt., E1374 Archer, Bill, Tex., E1362 Kasich, John R., Ohio, E1373 Saxton, Jim, N.J., E1366 Bass, Charles F., N.H., E1370 Lee, Barbara, Calif., E1368 Schaffer, Bob, Colo., E1362, E1364 Berman, Howard L., Calif., E1367, E1369, E1371, E1374 McInnis, Scott, Colo., E1370 Shaw, E. Clay, Jr., Fla., E1365 Berry, Marion, Ark., E1367, E1369 Mink, Patsy T., Hawaii, E1366 Skelton, Ike, Mo., E1374 Bilirakis, Michael, Fla., E1362, E1364 Morella, Constance A., Md., E1373 Smith, Christopher H., N.J., E1367 Blunt, Roy, Mo., E1373 Packard, Ron, Calif., E1370 Stupak, Bart, Mich., E1361, E1363 Clyburn, James E., S.C., E1372 Paul, Ron, Tex., E1369 Walsh, James T., N.Y., E1371 Coble, Howard, N.C., E1372 Pitts, Joseph R., Pa., E1372 Weldon, Dave, Fla., E1364 Cunningham, Randy ‘‘Duke’’, Calif., E1363 Radanovich, George P., Calif., E1361, E1363 White, Rick, Wash., E1368 Ewing, Thomas W., Ill., E1361 Riggs, Frank, Calif., E1366 Franks, Bob, N.J., E1362 Ros-Lehtinen, Ileana, Fla., E1372

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